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HomeMy WebLinkAboutC-5970(A) - Landscape Maintenance Agreement Within State Highway Right of Way on Route 1LANDSCAPE MAINTENANCE AGREEMENT WITHIN STATE HIGHWAY RIGHT OF WAY ON ROUTE 1 WITH THE CITY OF NEWPORT BEACH THIS AGREEMENT is made effective this day of NOV. , 2014, by and Ir) between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and the City of Newport Beach; hereinafter referred to as "CITY" and collectively referred to as "PARTIES". SECTION 1 RECITALS 1. PARTIES desire to work together to allocate respective obligations relative to newly construeted or revised improvements withiri STATE's right of way by Permit Number 12-6MC-0100. 2. This Agreement addresses CITY responsibilities which includes but not limited to landscaping, planting, irrigation systems, mulches, control litter and weed removal, (collectively the "LANDSCAP[NG") plaeed within State Highway right of way 011 State Route 1, as shown on Exhibit A, attached to and made a part of this Agreement. NOW THEREFORE, IT 15 AGREED AS FOLLOWS: SECTION 11 AGREEMENT 3. In eonsideration of the mutual covenants and promises herein eontained, CITY and STATE agree as foliows: 3.1. PARTIES have agreed to an allocation of maintenanee responsibilities that includes, but is not limited to, inspection, providing emergeney repair, replaeement, and maintenanee, (colleetively hereinafter "MA]INTENANCE") of LANDSCAPING as shown on said Exhibit "A." 3.2. When a planned future improvement is constructed and/or a minor revision has been effeeted with STATE's consent or initiation within the limits ofthe STATE's right of way herein described which affects PARTIES' Division of Maintenance's responsibility as described herein, PARTIES will agree upon and execute a new dated and revised Exhibit "A" whieh will be made a part hereof and will thereafier supersede the attached original Exhibit "A" to thereafter become a part of this Agreement. The new exhibit can be exeeuted only upon written consent of the PARTIES hereto acting by and through their authorized representatives. No formal amendment to this Agreement will be required. 4. CITY agrees, at CITY expense, to do the foliowing: 4. 1. CITY may install, or contract, authorizing a licensed contractor with appropriate elass of license in the State of California, to install and thereafter will MAINTAEN (Section 27 of the Streets and Highways Code) LANDSCAP[NG conforming to those plans and specifications (PS&E) pre - approved by STATE. 4.2. CITY will submit the final form of the PS&E, prepared, stamped and signed by a licensed iandscape 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 rnust meet STATE's applicable standards. 4.3. CITY shall ensure that LANDSCAPED areas designated on Exhibit "A" are provided with adequate scheduled routine MAJNTENANCE necessary to MAJNTAIN a neat and attractive appearance. 4.4. An encroachment permit rider inay 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. 4.5. CITY contractors will be required to obtain an encroachment permit prior to the start of any work within STATE's right ofway. 4.6. To furnish electricity for irrigation system controls, water, and fertilizer necessary to sustain heatthy plaxfl growth during the entire life of this Agreement. 4.7. To replace unhealthy or dead plantings when observed or within 30 days when notified in writing by STATE that plant replacement is required. 4.8. To prune shrubs, tree plantings, and trees to control extraneous growth and ensure STATE standard lines ofsight to signs and corner sight distances are always maintained for the safety ofthe public. 4.9. To MA[NTAIN, 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 publie sidewalks/bike paths, or leaving surface water that becomes a hazard to vehicular or pedestrianfbicyclist travel. All the above requirements apply to the proposed water fountain which will be built outside of STATE right ofway. 4.10. To control weeds at a level acceptable to the STATE. Any weed eontrol performed by chemical weed sprays (herbicides) shall comply with all laws, rules, and regulations established by the Ca!ifomia Department of Food and Agriculture. All chemical spray operations shall be reported quarterly (Form LAI7) to the STATE to: Maintenance Manager at District Maintenance, 3347 Michelson Drive, Suite 100, Irvine CA 92612. 4.11. 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. 2 4.12, To furnish eteetricity and MAINTAIN lighting system and controls for all street lighting systems installed by and for CITY. 4.13. To inspeet LANDSCAP[NG ori a regular monthly or weekly basis to ensure the safe operation and condition ofthe LANDSCAPENG. 4.14. To expeditiously MAINTAFN, replace, repair or remove from service any LANDSCAPING system component that has become unsafe or unsightly. 4.15. To MAINTAIN all sidewalks/bike paths within the Agreement limits of the STATE highway right of way, as shown on Exhibit A, at CITY's expense. MAINTENANCE includes, but is not Iimited to, conerete repair, replacement and to grind or patch vertical variations in elevation of sidewalks/bike paths for an aceeptable waiking and riding surface, and the removal of dirt, debris, graffiti, weeds, and any deleterious item or materia! on or about sidewalks/bike paths or the LANDSCAPING in an expeditious manner. 4.16. To MAINTA[N all parking or use restrictions signs eneompassed within the area of the LANDSCAPING. 4.17. To allow random inspection of LANDSCAPIING, street lighting systems, sidewalks/bike paths and signs by a STATE representative. 4.18. To keep the entire landscaped area policed and free of litter and deleterious material. 4.19. All work by or on behalf of CITY will be done at no cost to STATE. 5. STATE agrees to do the foliowing: 5.1. May provide CITY with timely written notice of unsatisfactory conditions that require correction by the CITY. However, the non -receipt of notice does not excuse CITY from maintenance responsibilities assumed under this Agreement. 5.2. lssue encroaehrnent permits to CITY and CITY contractors at no cost to them. 6. LEGAL RELATIONS AND RESPONSIBILITIES: 6.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third PARTIES not PARTIES to this Agreement, or affeet the legal liability of either PARTY to this Agreement by imposing any standard ofeare respecting the design, constwction and maintenance of these STATE highway improvements or CITY facilities different from the standard of care imposed by law. 6.2. If during the term of this Agreement, CITY should cease to MAINTAIIN the LANDSCAPIING_to the satisfaction of STATE as provided by this Agreement, STATE may either undertake to perform that MAINTENANCE on bebaif of CITY at CITY expense or direct CITY to remove or itself remove LANDSCAPING at CITY sole expense and restore STATE's right of way to its prior or a safe operable condition. CITY hereby agrees to pay said STATE expenses, within thirty (30) days 3 of receipt of bil!ing by STATE. However, prior to STATE performing any MAINTENANCE or removing LANDSCAPING STATE will provide written notice to CITY to cure the defau!t and CITY will have thirty (30) days within which to affect that cure. 6.3. Neither CITY nor any offlcer or employee lhereof is responsible for any injury, damage or Iiabi1ity oecurring by reason of anything done or omitted to be done by STATE under or in conneetion with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and alt 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 Iiabi1ity oceurring 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 ofCITY. 6.4. Neither STATE nor any officer or ernployee thereof is responsible for any injury, damage or liability oceurring 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. 11 is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its offieers and employees from all claims, suits or actions of every name, kind and deseription brought forth tmder, including, but not limited to, tortious, eontraclual, inverse eondemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CJTY under this Agreement. 7. PREVAILING WAGES: 7.1. Labor Code Complianee- If the work performed on this Project is done under eontraet and falis within the Labor Code section 1720(a)(1) definition of a 'public work" in that it is construction, alteration, demolition, installation, or repair; or maintenanee work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code ofRegulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to inelude prevailing wage requirements in its contracts for public work. Work performed by CITY's own forces is exernpt from the Labor Code's Prevailing Wage requirements. 7.2. Rcquirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements itt 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 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts. 8. INSURANCE: 8.1. CITY is self insured. CITY agrees to deliver evidence of self -insured coverage in a form satisfactory to STATE, along with a signed copy ofthe Agreement. 8.2. If the work perforrned on this Project is done under contract CJTY shall require its contractors to inaintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $ 1 million per occurrence 4 and $2 miilion in aggregate. Coverage shall be evidericed by a certiflcate of insurance in a form satisfactory to the STATE that shall be de[ivered to the STATE with a signed copy of this Agreement. 9. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES, and CITY failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE. 10. TERM OF AGREEMENT -This Agreement shall become effective on the date first shown on its faee sheet and shall remain in full force and cffect until amended or terminated at any time upon mutual consent ofthe PARTIES or until terminated by STATE for cause. PARTIES are empowered by Streets and I-Iighways Code Section 114 & 130 to enter into this Agreenient and have 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. 5 IN WITNESS WI-JERBOF, the PARTIES hereto have set their hands and seals the day and year first above written. THE CITY OF NEWPORT BEACH A California Municipal Corporation and Charter City STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION MALCOLM DOUGHERTY Rush N. Hill, 11 Mayor Director of Transportation ATTEST: 0 --- \ f) By: By: Leilani Brown, CITY Clerk James nnheiro APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: Aaron C. Harp, CITY Attorney Uvt Deputy District Director Operations and Maintenance District 12 6 EXHIBIT'N LANDSCAPE MAINTENANCE AREAS WEST COAST HIGHWAY at DOVER WEST to PROPERTY LIMIT AS PART OF THE MARINERS POINT DEVELOPMENT CITY OF NEWPORT BEACH PCH PM: 18.446 LEGEND SYMBOL DESCRIPTION LANDSCAPE PLANTING AREA WITHIN STATE RIGHT OF WAY TO BE OWNED & MAINTAINED BY THE CITY OF NEWPORT BEACH NOTE: OTHER SPECIFIC INVENTORIES ARE COVERED UNDER A SEPERATE PROJECT SPECIFIC MAINTENENCE AGREEMENT. NoarF+