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HomeMy WebLinkAbout25V - LANDSCAPE MAINTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY ?, 2008 TITLE AGREEMENT FOR LANDSCAPE MAINTENANCE WITHIN THE STATE HIGHWAY RIGHT-OF-WAY ON SR-22 WITHIN THE CITY OF SANTA ANA CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached maintenance agreement with Caltrans subject to non-substantive changes approved by the City Manager and City Attorney to maintain landscaped areas within the State right-of-way on SR-22 within the City of Santa Ana. DISCUSSION The La Veta Interchange at SR-22 has been landscaped with a Historic Agriculture/Orchard theme planting to provide corridor continuity for the entire SR-22 Freeway. The landscaping improvements were negotiated with Caltrans in exchange for parking improvements at the lst Street parking lot at I-5. This was necessary in order to have the landscaping installed as part of the SR-22 Widening project and to provide Caltrans sufficient parking to support their court referral program. Additionally, the agreement requires that the City: 1. Accept maintenance responsibilities for the landscaping at the La Veta Interchange after a three year plant establishment period. 2. Participate financially with the development cost of the First Street parking lot with Caltrans, up to a maximum $100,000. The total cost of the project is projected to be $230,000. Caltrans has committed to paying the additional $130,000. 3. Accept maintenance responsibilities for the perimeter landscaping at the First Street parking lot. 4. Agree that Caltrans can use a portion of the landscape area in the La Veta Interchange loop to accommodate parking for the court referral 25V-1 Agreement For Landscape Maintenance July 7, 2008 Page 2 program, in the event that the First Street parking lot is no longer available for use by the program. This agreement simply clarifies the roles and responsibility of both parties and is similar to the agreement we have at Gateway entry points into the City. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The annual landscape maintenance costs for the La Veta Interchange are projected to be $112,000 each year. Maintenance responsibilities are expected to begin in February 2011. Funds to provide the maintenance services will be included in the FY 2010/2011 budget. The City's contribution to construction of the First Street parking lot will be a maximum of $100,000. The annual landscape maintenance costs for the First Street parking lot are projected to be $31,500 each year. Maintenance responsibilities are expected to begin in fiscal year 2009/10. Funds to provide the maintenance services will be included in the 2009/2010 budget. Agreements to approve the construction and maintenance agreement for this project will be submitted pursuant to a separate agreement for Council approval. .-°~` 1 ~ 1 ... ames G. Ross Executive Director Public Works Agency 25V-2 AGREEMENT' FOR LANDSCAPE MAINTENANCE WITHIN STATE HIGHWAY RIGHT OF WAY ON ROUTE 22 WITHIN TI-IE CITY OF SANTA ANA THIS AGREEMENT is made and executed .effective this 30 ~ day of 2008, by and between the State of California, acting through i s Department of Transportation, hereinafter referred to as "STATE," and the City of Santa Ana, a charter city and municipal corporation hereinafter referred to as "CITY," together referred to as "PARTIES". This AGREEMENT is necessitated as the result of CITY's proposal to ttse the north side of Route 22 at the La Veta interchange (AREA 1, AREA 2 and AREA 3 referred as LOCATION) for a landscaping project at Post mile 10.0-10.5, as depicted on attached Exhibit "A"(Layout Sheet, Planting Sheets HP-59, HP-60 anti HP_61}. This LOCATION was used for staging and parking area for the Court Referral Program Workers (Special People Program, SPP). The purpose of this Agreement is also to document that as the owner of this LOCATION, STATE, reserves the right to restore this LOCATION, if necessary, in future for STATE's exclusive uses, including but not limited to, future construction related materials storage, construction of othet• facilities and staging area for the Special People Program when needed over the long term and in compliance with Section III, Article e of this Agreement. Under these circumstances, CITY will be held responsible to restore this LOCATION to the condition that is acceptable by STATE at the CITY's sole cost. RECITALS: WITNESSETH 1. PARTIES desire to work together to allocate their respective obligations relative to newly constructed or revised improvement within STATE's right of way (Cooperative Agreement, District No. 12-456) which was executed on Novembez• 18, 2002 between STATE and OCTA. 2. This Agreement addresses CITY's responsibilities that include, but are not limited to, landscaping, planting, irz•igation systems, litter and weed removal, Biofiltration Swales, Linear Radial Gross Solid Removal Devices, sidewalks, bike paths, and packing zestriction signs (collectively the "LANDSCAPING") placed within State Highway right of way on State Route 22, as shown on Exhibit A, attached hereto and incorporated herein as a part of this Agreement. 3. In consideration of the mutual covenants and promises herein contained, CITY agzees to be solely zesponsible for the maintenance zesponsibilitics. Those include, but are not limited to, inspection, providing emergency repair, replacement, & maintenance, (collectively hereinafter "MAINTENANCE") of LANDSCAPING as shown on said Exhibit "A." 1 25V-3 4. When a planned fnturc improvement is constructed and/or a minor revision has been effected with STATE'S consent ot• initiation within the limits of the STATE'S right of way herein described which affects PARTIES' division of maintenance t•esponsibility as described herein, PARTIES will agree upon and provide a new dated and revised Exhibit, "A" which will be made a pat•t hereof by an amendment to this Agreement when executed and will thereafter supersede the attached original Exhibit "A" to thereafter become a part of this Agreement. Section I CITY agrees, at CITY'S expense, to do the following: a) For future improvements, CITY may install, or contract authorizing a licensed contt•actor with appropriate class of license in the State of California, to install and thereafter will MAINTAIN (section 27 of the Streets and Highways Code) LANDSCAPING conforming to those plans and specifications (P&S} pre- appr•oved by STATE. b) CITY will follow the final form of the P&S, prepared, stamped and signed by a licensed landscape architect, for LANDSCAPING to STATE'S District Permit Engineer for review and approval and will obtain and have in place a valid necessary encroachment permit prior to the start of any work within STATE'S right of way. All proposed LANDSCAPING must meet STATE'S applicable standards. c) CITY shall ensure that LANDSCAPED areas designated on Exhibit "A" are provided with adequate scheduled routine MAINTENANCE necessary to MAINTAIN a neat and attractive appearance. d) CITY will sribmit none-time encroachment permit application for routine CITY MAINTENANCE functions as required by this AGREEMENT. Individual encroachment permits shall be obtained for any substantive repair activities anti changes to the scope of work allowed by this Agreement prior to the start of any work within STATE'S right of way. e) CITY contractors will also obtain encroachment permits prior to the start of any work within STATE'S right of way. #} To furnish electricity for irrigation system controls, water, and fertilizer necessary to sustain healthy plant growth in perpetuity. g) To replace unhealthy or dead plantings when observed within 30 days when notified by STATE that plant replacement is rcgttir•ed. h} To prune shrubs, tree plantings, and trees to control extraneous growth and ensure STATE standard lines of sight to signs and corner sight distances are always maintained for the safety of the public. A separate Encroachment Permit may be required. Zsv-~ i) "I'o MAINTAIN, repair and operate the irrigation systems in a manner that prevents water from flooding or spraying onto STATE highway, spraying parked and moving automobiles, spraying pedestrians on public sidewalks/bike paths, or leaving surface water that becomes a hazard to vehicular or pedestrian/bicyclist travel. j) 'I'o control weeds at a level acceptable to STATE. Any weed conttol pet•formed by chemical weed spt•ays (het•bieides) shall comply with all laws, rules, and regulations established by the California Department of Food and Agriculture. All chemical spray operations shall be reported quarterly (form LA17, Report of Chemical Spray Operation) to STATE to Landscape Specialist in the Region Oflice at 1808 Batavia Street, Orange, CA 92865. k) To expeditiously repair any STATE facility damage ensuing from CITY'S LANDSCAPE sign and presence and activities, including, but not limited to, damage caused by plants and plant roots and to teimbutse STATE fot• its costs to repair STATE facility damage ensuing from CITY'S LANDSCAPE presence and activities should STATE be requited to cure a CITY default. 1) To remove LANDSCAPING and appurtenances and restore STATE owned areas to a safe and attt•active condition acceptable to STATE in the event this Agteement is terminated as set Earth het•ein. m) To furnish electricity and MAINTAIN Lighting system and controls for all stt•eet lighting systems installed by and fot• CITY. n) To inspect LANDSCAPING on a regttlat• monthly or weekly basis to ensure the safe operation and condition of the LANDSCAPING. o) To expeditiously MAINTAIN, replace, repair or remove from service any LANDSCAPING system component that has become unsafe or unsightly. p} To MAINTAIN all sidewalks/bike paths within the AGREEMENT limits of the STATE highway right of way, as shown on Exhibit A, at CITY expense. MAINTENANCE includes, but is not limited to, concrete repait•, replacement and to grind or patch vertical variations in elevation of sidewalks/bike paths for• an acceptable walking and riding surface, and the removal of dirt, debris, graffiti, weeds, and any deleterious item or material on or about sidewalks/bike paths or the LANDSCAPING in an expeditious manner. q) To MAINTAIN all packing or use restrictions signs encompassed within the area of the LANDSCAPING. r) To allow t•andotn inspection of LANDSCAPING, street lighting systems, sidewalks/bike paths and signs by a STATE representative. 3 25V-5 s) To keep the entire landscaped area policed and free of litter and deleterious material. t) All work by or an behalf of CITY will be done at no cost to STATE. Section II STATE agrees to do the following: a} Provide CITY with timely written notice of unsatisfactory conditions that z•equire correction by CITY. b) Issue encroachment pezmits to CITY and CITY contractors at no cost to them. Section III Le~ai Relations and Responsibilities a) Nothing in the provisions of this Agreement is intended to create duties or obligations to oz• rights in third patties not paz•ties to this Agreement, or affect the legal liability of either PARTY to this Agreement by imposing any standard of care respecting the design, constz•uction and MAINTENANCE of these STATE highway improvements or CITY facilities different from the standard of care imposed bylaw. b) If during the term of this Agreement, CITY should cease to MAINTAIN the LANDSCAPING to the satisfaction of STATE as pzovided by this Agreement, STATE shall direct CITY to remove oz• itself remove LANDSCAPING at CITY's sole expense and restate STATE's right of way to its prior of a safe operable condition. The CITY hereby agrees to pay said STATE expenses within thirty (30) days of receipt of billing by STATE. However, prior to STATE performing any MAINTENANCE or removing LANDSCAPING, STATE will pzovide written notice to CITY to cure the default and CITY will have thirty (30) days within which to affect that cure. c) Neither CITY nor any ofhcer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save hazmless the CITY and all of its officez•s and employees from all claims, suits or actions of evezy name, kind and description brought foz•th under, including, but not limited to, tortious, contz•actuaI, invez•se condemnation and othez• theories oz- assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement with the exception of those actions of STATE necessary to cure a noticed default on the part of CITY. 4 25V-6 d) Neither STATE nor any officer or employee thereof is responsible for any injuz•y, damage or liability occurring by reason of anything done oe omitted to be done by CITY under or in connection with any work, authority oz• jurisdiction arising under this Agreement. It is understood and agz•eed that CI fY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, shits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. e) CITY shall remove its LANDSCAPING at no cost to STATE in the event the future need to State Highway operation necessitates such relocation or removal. State shall serve on CITY its written demand for such removal/ relocation specifying a zeasona6le time within which removal/ relocation is fo be completed. f) Insurance CITY and their contt•actot•s shall maintain in force, dtzz•ing the tet•m of this agreement, a policy of general liability insurance, including coverage of bodily injury Iiability and property damage liability, naming the State of Califoz•nia, its officers, agents and employees as the additional insured in an amount of $ I million per person and $2 million in aggregate. Coverage shall be evidenced by a certificate of Insztzance in a fozm satisfactory to Department that shall be delivered to Department with a signed copy of this Agreement. g) Labor Code Compliance• Prevailing Wages If the work performed on this Project is done under contract and falls within the Labor Code section I720(a)(1) definition of a "public work" in that it is constz•uction, alteration, demolition, installation, or repair CITY must conform to the provisions of Labor Code sections 1720 through 1815, all applicable regulations and coverage determinations issued by the Director of Industrial Relations. CITY agrees to include prevailing wage requirements in its contracts for public work. Work performed by CITY's own forces is exempt from the Labor Code's prevailing wage requirements. h) Prevailing Wage Requirements in Subcontracts CITY shall t•equire its contz•actors to include prevailing wage requirements in all subcontracts funded by this Agreement when the work to be performed by the subcontractor is a "public work" as defined in Labor Code section i720(a)(1). Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts. s 25V-7 i) Termination This Agreement maybe terminated by timely mutual written consent by the PARTIES, and CITY's failure to comply with the provisions of this Agreement wilt be grounds for a Notice of Termination by STATE. Under any of these circumstances, CITY will restore the LOCATION to its prior condition, which is acceptable to STATE at the CITY's sole cost. J) Term of Agreement This Agi•ecment shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the parties or until terminated by STATE at any time in order to restore the LOCATION for STATE use at no cost for STATE. 6 25V-8 IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year hrst above written. ~`*Approved as to form and procedure: 1 __ s~ ~., - Attorney Department of Transportation APPROVED AS TO FORM: Joseph W. Fletcher By Lisa E.Storck Assistant City Attorney CITY OF SANTA ANA, a charter City and Municipal Corporation David N. Ream City Manager Patricia E. Healy Clerk of the Council STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION James P Deputy WILL KEMPTON Director of Transport By Director [aintcnance **Approval by STATE'S Attorney is not required unless changes are made to this form, in which case the draft will be submitted for Headquarters' review and approval by STATE'S Attorney as to form and procedures. 25V-9 EXHIBIT A This Exhibit includes Layout Sheet, Planting Sheets HP-59, HP60, and HP 6l, which are attached to and made a pant of this agreement. s 25V-10 fj` ~" ~' ~ ~ ~ mrnnn ~~~ GJ~ N _b ""A ~, ~~ ~~ .~i ~1 Q) Ql C') C: C'i Cis CU CD ~ ~ H H --3 s O C --~ 2 m rn -.~ 25V-11 S_/fE. 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