HomeMy WebLinkAbout2008 CON Dept. of Transportation - Landscape Maintenance Bay Marina Drive Widening11-SD-005
PM 10.04
LMA 11-8322
AGREEMENT FOR LANDSCAPE MAINTENANCE
WITHIN STATE HIGHWAY RIGHT OF WAY
ON ROUTE 5 WITHIN THE CITY OF NATIONAL CITY
THIS AGREEMENT is made and executed effective this 21st day of October, 200$ by
and between the State of California, acting through its Department of Transportation,
hereinafter referred to as "STATE," and the CITY of NATIONAL CITY, hereinafter
referred to as "CITY," together referred to as "PARTIES".
WITNESSETH
RECITALS:
1. PARTIES desire to work together to allocate their respective obligations relative
to newly constructed or revised improvements within STATE's right of way by
Permit Number (s) 11-07-NMC-0367.
2. This Agreement addresses CITY responsibility for the landscaping, planting,
irrigation systems, litter and weed removal, swales, sidewalks, enhanced paving,
lighting, and parking restriction signs (collectively the "LANDSCAPING") placed
within State Highway right of way on State Route 5, as shown on Exhibit 'A',
attached to and made a part of this Agreement.
Section I
In consideration of the mutual covenants and promises herein contained, CITY and
STATE agree as follows:
a) PARTIES have agreed to an allocation of maintenance responsibilities that
includes, but is not limited to, inspection, providing emergency repair,
replacement, & maintenance, (collectively hereinafter "MAINTAIN /
MAINTENANCE") of LANDSCAPING as shown on said Exhibit "A."
b) When a planned future improvement is constructed and/or a minor revision has
been effected with STATE's consent or initiation within the limits of the STATE's
right of way herein described which affects PARTIES' Division of Maintenance's
responsibility as described herein, PARTIES will agree upon and provide a new
dated and revised Exhibit "A" which will be made a part hereof by an amendment
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to this Agreement when executed and will thereafter supersede the attached
original Exhibit "A" to thereafter become a part of this Agreement.
Section II
CITY agrees, at CITY expense, to do the following:
a) CITY may install, or contract authorizing a licensed contractor with appropriate
class of license in the State of California, to install and/or thereafter MAINTAIN
(section 27 of the Streets and Highways Code) LANDSCAPING conforming to
those plans and specifications (PS&E) pre -approved by STATE.
b) CITY will submit the final form of the PS&E, 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) An Encroachment Permit rider may be required for any 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 be required to obtain an Encroachment Permit prior to the
start of any work within STATE's right of way.
f) 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 required.
h) To prune shrubs, tree plantings, and trees to control extraneous growth and ensure
STATE standard lines of sight to sips and corner sight distances are always
maintained for the safety of the public.
i) To 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.
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J)
To control weeds at a level acceptable to STATE. Any weed control performed by
chemical weed sprays (herbicides) 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 LA-17) to the STATE
to Steve Davidson, Landscape Specialist, at the Traffic Management Center
(TMC), 7183 Opportunity Road (MS-59), San Diego, CA 92111.
k) To prevent materials related to Highway Planting Maintenance Operations and
other deleterious materials from entering STATE's drainage gutters, drainage
outlets and storm drain pipesTo expeditiously repair any STATE facility damage
ensuing from CITY'S LANDSCAPE presence and activities, including, but not
limited to, damage caused by plants and plant roots and to reimburse STATE for its
costs to repair STATE facility damage ensuing from CITY's LANDSCAPE
presence and activities should STATE be required to cure a CITY default.
m) To remove LANDSCAPING and appurtenances and restore STATE owned areas
to a safe and attractive condition acceptable to STATE in the event this Agreement
is terminated as set forth herein.
n) To furnish electricity and MAINTAIN lighting system and controls for all street
lighting systems installed by and for CITY.
o) To inspect LANDSCAPING on a regular monthly or weekly basis to ensure the
safe operation and condition of the LANDSCAPING.
p) To expeditiously MAINTAIN, replace, repair or remove from service any
LANDSCAPING system component that has become unsafe or unsightly.
q)
To MAINTAIN all sidewalks (including enhanced paving) 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
repair, replacement, and to grind or patch vertical variations in elevation of
sidewalks 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
or the LANDSCAPING in an expeditious manner.
r) To MAINTAIN all parking or use restrictions signs encompassed within the area of
the LANDSCAPING.
s) To allow random inspection of LANDSCAPING, street lighting systems,
sidewalks, and signs by a STATE representative.
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t) To keep the entire landscaped area policed and free of litter and deleterious
material.
u) All work by or on behalf of CITY will be done at no cost to STATE.
Section III
STATE agrees to do the following:
a) Provide CITY with timely written notice of unsatisfactory conditions that require
correction by CITY.
b) Issue encroachment permits to CITY and CITY contractors at no cost to them.
c) Ensure that the costs of relocation, reconstruction or replacement of
LANDSCAPING resulting from future public and private projects and
encroachment permittees are borne by the parties responsible for these activities
that result in the need to relocate, reconstruct or replace the LANDSCAPING.
Section IV
Legal Relations and Responsibilities:
a) Nothing in the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties not parties to this Agreement, or affect the
legal liability of either PARTY to this Agreement by imposing any standard of care
respecting the design, construction and MAINTENANCE of these STATE
highway improvements or CITY facilities different from the standard of care
imposed by law.
b) If during the term of this Agreement, CITY should cease to MAINTAIN the
LANDSCAPING to the satisfaction of STATE as provided by this Agreement,
STATE may either undertake to perform that MAINTENANCE on behalf of CITY
at CITY's expense or direct CITY to remove or itself remove LANDSCAPING at
CITY's sole expense and restore STATE's right of way to its prior or 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
provide written notice to CITY to cure the default and CITY will have thirty (30)
days within which to effect that cure.
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c) Neither CITY nor any officer 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 harmless the CITY and all of its officers and employees from
all claims, suits or actions of every name, kind and description brought forth under,
including, but not limited to, tortious, contractual, inverse condemnation and other
theories or 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.
d) Neither STATE nor any officer or employee thereof is responsible for any injury,
damage or liability occurring by reason of anything done or omitted to be done by
CITY under or in connection with any work, authority or jurisdiction arising under
this Agreement. It is understood and agreed that CITY shall fully defend,
indemnify and save harmless STATE and all of its officers and employees from all
claims, suits 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) Prevailing Wage Requirements
Workers employed in the performance of work contracted for by LOCAL
AGENCY, and /or performed under encroachment permit, are covered by the
prevailing wage provisions of the Labor Code in the same manner as are workers
employed by STATE's contractors.
LOCAL AGENCY shall require its contractors to include prevailing wage
requirements in all subcontracts entered into to perform the work mentioned in this
agreement. All the LOCAL AGENCY's contracts with their contractors shall
include a requirement that contractors and their subcontracts shall include
prevailing wage requirements identical to those set forth in this Agreement.
f) Termination
This Agreement may be terminated by timely mutual written consent by the
PARTIES, and CITY's failure to comply with the provisions of this Agreement
will be grounds for a Notice of Termination by STATE.
g)
Term of Agreement
This Agreement 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 for cause.
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The PARTIES are empowered by Street and Highways Code section 114 & 130 to enter into this
Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of
the respective agencies and covenants to have followed all the necessary legal requirements to validly
execute this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above
written.
THE CITY OF
NATIONAL CITY
By:
MAYOR Ron Morrison
Attest:
By: cajohli
CIClerk Mi. R. Dalla
wee
By: / -AGG
CITY Attorney George H. Eiser, III
STATE OF CALIFORNIA
DEPARTMENT OF
TRANSPORTATION
WILL KEMPTON
Director of Transportation
Bv:
y District Di►-ctor
By:
**Attorney
Department of Transportation
** Approval by STATE'S Attorney is not required unless changes are made to this form, in which
case, the draft will be submitted to Headquarters for review and approval by STATE's Attorney
as to form and procedures.
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CO.
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POST MILE
LDIST.
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SD
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10.0
FMA 11-8322 (8/21/08)
AREA MAP
BAY MARINA DRIVE
IN-ERS-ATE 5 (SOUniBOUND)
C)
mr
0
AREA WITHIN CALTRANS ROW. TO
BE MAINTAINED BY NATIONAL CITY.
LANDSCAPE MAINTENANCE AGREEMENT
EXHIBIT "A"
SHEET 1 OF 1
24 w a
RESOLUTION NO. 2008 — 221
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE
A LANDSCAPE MAINTENANCE AGREEMENT WITH
THE CALIFORNIA DEPARTMENT OF TRANSPORTATION
TO MAINTAIN LANDSCAPING IN THE STATE'S
RIGHT OF WAY AT THE INTERSECTION OF
INTERSTATE 5 AND BAY MARINA DRIVE
AS PART OF THE BAY MARINA
DRIVE WIDENING PROJECT
WHEREAS, the California Department of Transportation ("Caltrans") and the City
of National City desire to enter into a Landscape Maintenance Agreement ("LMA") to allocate
their respective obligations relative to the newly constructed or revised improvements within the
State's right of way as part of the Bay Marina Drive Widening Project; and
WHEREAS, the LMA addresses the City's responsibility for the landscaping,
planting, irrigation systems, letter and weed removal, swales, sidewalks, enhanced paving, lighting,
and parking restriction signs placed within the State Highway right of way at the intersection of
Interstate 5 and Bay Marina Drive.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National
City hereby authorizes the Mayor to execute a Landscape Maintenance Agreement with the
California Department of Transportation to maintain landscaping in the State's right of way at
the intersection of Interstate 5 and Bay Marina Drive as part of the Bay Marina Drive Widening
Project. Said Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 21 st day of October, 2008.
R6n Morrison, Mayor
ATTEST:
iad*(/#1,,
ael R.,City
M Clerk
APPROVED AS TO FORM:
George H."Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on October
21, 2008 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Ungab, Zarate.
Nays: None.
Absent: Councilmember Natividad, Parra.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
eV
City Jerk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2008-221 of the City of National City, California, passed and
adopted by the Council of said City on October 21, 2008.
City Clerk of the City of National City, California
By:
Deputy
City of National City, California
COUNCIL AGENDA STATEMENT
''"MEETING DATE October 21, 2008
AGENDA ITEM NO.
9
r ITEM TITLE Resolution of the City of National City Council approving a Landscape Maintenance Agreement
(LMA) with Califomia Department of Transportation (CALTRANS) to maintain landscaping in the CALTRANS
Right of Way as part of the Bay Marina Drive Widening Project, funded through tax increment fund in the amount
of $6,700 annually until parcel adjacent to the Caltrans Right -of -Way are privately developed.
PREPARED BY Barby Tipton DEPARTMENT Engineering EXT. 4583
EXPLANATION
In conjunction with the Bay Marina Drive Widening Project, the City is landscaping the Caltrans Right-of-way.
The LMA covers maintenance by the city and/or the land developers of landscaping, irrigation, sidewalks, brow -
ditch, electrical, etc within the state Right of Way along both sides of Bay Marina Drive from Cleveland Avenue to
Interstate 5. Cost/maintenance will be covered in accordance with National City Municipal Code after parcels are
developed privately.
}
Environmental Review X N/A
MIS Approval
Financial Statement Approved By:
,nance lnrector
The maintenance cost for the CALTRANS area is estimated at $6,700 annually. ost/maintenance will be
covered in accordance with National City Municipal Code when parcels are developed privately.
Account No.
STAFF RECOMM DATION
P
Ado t the Resoluti
BOARD / COMMIS N RECOMMENDATION
N/A
ATTACHMENTS (Listed Below) Resolution No.
1. Resolution
2. Landscape Maintenance Agreement (3 original copies for signature)
A-200 (Rev. 7/03)
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Dalla, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
October 27, 2008
Mr. J. M. McManus
California Department of Transportation
4050 Taylor Street
San Diego, CA 92110
Dear Mr. McManus,
On October 21st, 2008, Resolution No. 2008-221 was passed and adopted by
the City Council of the City of National City, authorizing execution of a
Landscape Maintenance Agreement with the California Department of
Transportation.
We are forwarding a certified copy of the above Resolution and three partially
executed original agreements. Please return one fully executed original
agreement to us for our files.
Michael R. Dalla, CMC
City Clerk
Enclosures
cc: Engineering Department
el Recycled Paper