17-0307_CALIFORNIA DEPT OF TRANSPORTATION_Landscape Maintenance Agr LANDSCAPE MAINTENANCE AGREEMENT
WITHIN STATE HIGHWAY RIGHT OF WAY
ON ROUTE 5 WITHIN THE CITY OF SAN JUAN CAPISTRANO
THIS AGREEMENT is made effective this --� day of I Vhf 6q , 2017,by and between
the State of California, acting by and through the Department of Transportation, hereinafter
referred to as "STATE" and the City of San Juan Capistrano; hereinafter referred to as "CITY"
and collectively referred to as"PARTIES".
SECTION I
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
14-NMC-0701.
2. This Agreement addresses CITY responsibilities which include but are not limited to,
landscaping, trees, shrubs, irrigation systems, mulches, control litter and weed control
(collectively the "LANDSCAPING") as well as CITY responsibilities which include but
are not limited to sidewalks, any type of hardscape/rock, buffer strips, textured concrete,
curbs, gutters, central islands, pedestrian islands, splitter islands, truck aprons and
retaining walls (collectively the"IMPROVEMENTS")placed within State Highway right
of way on State Route 5, in the roundabout and other locations as shown on Exhibit A,
attached to and made a part of this Agreement.
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
SECTION II
AGREEMENT
1. In consideration of the mutual covenants and promises herein contained, CITY and
STATE agree as follows:
1.1. PARTIES have agreed to an allocation of maintenance responsibilities that include,
but are not limited to, inspection, providing emergency repair, replacement, and
maintenance, (collectively hereinafter "MAINTAIN/MAINTENANCE") of
LANDSCAPING and IMPROVEMENTS as shown on Exhibit"A."
1.2. When a planned fiiture 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
responsibility as described herein, PARTIES will agree upon and execute a new
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dated and revised Exhibit "A" which will be made a part hereof and will thereafter
supersede the attached original Exhibit "A" to thereafter become a part of this
Agreement. The new exhibit can be executed only upon written consent of the
PARTIES hereto acting by and through their authorized representatives. No formal
amendment to this Agreement will be required.
2. CITY agrees, at CITY expense, to do the following:
2.1. CITY may install, or contract, authorizing a licensed contractor with appropriate
class of license in the State of California, to install and thereafter will MAINTAIN
LANDSCAPING confonning to those plans and specifications (PS&E) pre-approved
by STATE.
2.2. The degree or extent of maintenance work to be performed, and the standards
therefor, shall be in accordance with the provisions of Section 27 of the Streets and
Highways Code and the then current edition of the State Maintenance Manual.
2.3. For LANDSCAPING improvements, CITY will submit the final form of the PS&E,
prepared, stamped and signed by a licensed landscape architect, 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.
2.4. CITY shall ensure that LANDSCAPED and IMPROVEMENT areas delineated on
Exhibit "A" are provided with adequate scheduled routine MAINTENANCE
necessary to MAINTAIN a neat and attractive appearance.
2.5. An Encroachment Pen-nit 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.
2.6. CITY contractors will be required to obtain an Encroachment Permit prior to the start
of any work within STATE's right of way.
2.7. To furnish electricity for irrigation system controls, water, and fertilizer necessary to
sustain healthy plant growth during the entire life of this Agreement.
2.8. To replace unhealthy or dead plantings when observed or within 30 days when
notified in writing by STATE that plant replacement is required.
2.9. 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.
2.10. 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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2.11. To control weeds at a level acceptable to the 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.
Acceptable weed level is 6" height if mowed. Weeds controlled by chemical weed
sprays (herbicides) must be removed within a reasonable period of time following
death of the plant.
CITY shall report all chemical spray operations quarterly (using Form LA17) to the
STATE at the address below:
Department of Transportation
District 12, Maintenance
Maintenance Manager
1750 East Fourth Street, Suite 100
Santa Ana, CA 92705
2.12. To remove LANDSCAPING, IMPROVEMENTS 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.
2.13. To furnish electricity and MAINTAIN lighting system and controls for all street
lighting systems installed by and for CITY.
2.14. To inspect LANDSCAPING and IMPROVEMENTS on a regular monthlybasis to
ensure the safe operation and condition of the LANDSCAPING.
2.15. To expeditiously MAINTAIN, replace, repair or remove from service any
LANDSCAPING and IMPROVEMENTS system component that has become
unsafe or unsightly.
2.16. 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 repair, 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 and IMPROVEMENTS in an expeditious manner.
2.17. To MAINTAIN all parking or use restrictions signs encompassed within the area
of the LANDSCAPING.
2.18. To allow random inspection of LANDSCAPING, IMPROVEMENTS, street
lighting systems, sidewalksibike paths and signs by a STATE representative.
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2.19. To keep the entire landscaped and improved area policed and free of litter and
deleterious material.
2.20. All work by or on behalf of CITY will be done at no cost to STATE.
3. STATE agrees to do the following:
3.1. 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.
3.2. Issue encroachment permits to CITY and CITY contractors at no cost to thein.
4. LEGAL RELATIONS AND RESPONSIBILITIES:
4.1. Nothing within the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties not party 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.
4.2. If during the term of this Agreement, CITY should cease to MAINTAIN the
LANDSCAPING and IMPROVEMENTS to the satisfaction of STATE as provided
by this Agreement, STATE may either undertake to perforin that MAINTENANCE
on behalf of CITY at CITY's expense or direct CITY to remove or itself remove
LANDSCAPING and IMPROVEMENTS at CITY's 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 of receipt of billing by STATE.
However, prior to STATE performing any MAINTENANCE or removing
LANDSCAPING and IMPROVEMENTS, STATE will provide written notice to
CITY to cure the default and CITY will have thirty (30) days within which to affect
that cure.
4.3. 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 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.
4.4. 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
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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.
5. PREVAILING WAGES:
5.1. Labor Code Compliance- If the work performed on this Project is done under
contract and falls within the Labor Code section 1720(a)(1) definition of a "public
work" in that it is construction, alteration, demolition, installation, or repair; or
maintenance 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 of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles
1-7. 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.
5.2. Requirements in Subcontracts - CITY shall require its contractors 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 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include
all prevailing wage requirements set forth in CITY's contracts.
6. INSURANCE.
6.1. SELF-INSURED - CITY is self-insured. CITY agrees to deliver evidence of self-
insured coverage providing general liability insurance, 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 and
$2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a
certificate of insurance in a form satisfactory to the STATE that shall be delivered to
the STATE along with a signed copy of this Agreement.
6.2. SELF-INSURED- using Contractor - If the work performed on this Project is done
under contract CITY shall require its contractors to maintain 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 and $2 million in aggregate and $5 million in excess. Coverage shall be
evidenced by a certificate of insurance in a form satisfactory to the STATE that shall
be delivered to the STATE with a signed copy of this Agreement.
7. TERMINATION - This Agreement may be terminated by either party upon delivery of
30 days written notice. Either party's failure to comply with the provisions of this
Agreement may be grounds for a Notice of Tei7mination.
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8. 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.
PARTIES are empowered by Streets and Highways Code Section 114 & 130 to enter into this
Agreement 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.
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IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year
first above written.
THE CITY OF SAN JUAN CAPISTRANO STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
MALCOLM DOUGHERTY
Director of Transportation
Initiated and Approved
By: < BY✓ `/ . t �y � _ �c�ina F��r
Ci ana er James Pinheiro
Deputy District Director
Operations and Maintenance
District 12
ATTEST:
By: 0 (,--. a
ity Clerk �
As to Form and Procedure:
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By:
Cit A orney
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ROUTE 5
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EXHIBIT A
LEGEND LANDSCAPE AND IMPROVEMENT
L AREA WILL BE MAINTAINED MAINTENANCE AGREEMENT
BY CITY ROUTE 5
POSTAREA WILL BE MAINTAINED SCALE-LE 5.56
SCALES i"=20'
BY STATE PERMIT NO. 1214-NMC-0701-1
CALIFORNIA JOINT POWERS INSURANCE AUTHORITY
CER - FICA-r" OF LIABILITY PROTECTION
In accordance with the provisions of Article 1 1 (a) of the Joint Powers Agreement creating the
CALIFORNIA JOINT POWERS INSURANCE AUTHORITY,
the Executive Committee has designated a joint protection program for the Members.
City -Of San duan Capistrano
including its City Council, along with all its commissions, agencies and employees thereof, is
protected in accordance with the terms and provisions of the CALIFORNIA JPIA Primary Liability
Program. This Certificate is evidence of the Member's participation in the Primary Liability
Program during the period of July 1 , 2016 to July 1 , 2017.
The CALIFORNIA JOINT POWERS INSURANCE AUTHORITY will investigate, defend and/or pay all
claims, settlements and final judgements which come within the provisions of the CALIFORNIA JPIA
Memorandum of Coverage -- Primary Liability Program and any endorsements thereto.
CALIFORNIA JOINT POWERS INSURANCE AUTHORITY
�/Q SW
At ! e>KNIA
'' ` ' Jonathan R. Shull, Chief Executive Officer
STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION ADA Notice
REPORT OF CHEMICAL SPRAY OPERATIONS %1/ ///� For individuals with sensory disabilities, this document is available in alternate
LA-17(REV.04/2001) Q Y�I.LJL J*�) r/"WV� formats. For information call (916) 654-6410 or TDD (916) 654-3880 or write
Records and Fortes Management,1120 N Street,MS-89,Sacramento,CA 95814.
REPORT OF CHEMICAL SPRAY OPERATIONS
CONTRACTOR WEEK ENDING DATE PROJECT DESCRIPTION PROEJCT NUMBER
Marina Landscape San Juan Capistrano 18357
A B C D
CHEMICAL MIXTURE
AND PERCENT Round Up Pro Surflan A.S Fusilade 2
ACTIVE MATERIAL
Glyphosate 1.5% Oryzalin 40.4% Fluazifop-P-butyl 24.5%
WATER RATE 98.5% 56.6% 75.5%
APPLICATION PER 0.8 to 1.6 quarts per acre 1.5-3 fl oz per 1000 sq ft 0.4-0.6 Fl oz/1000 sq ft
SQUARE FOOT OR ACRE
CHECK PROPER BOX PLANTING SPRAYED PEST KILLED DESCRIPTION OF AREA(STA., LOOP, ETC.)
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CONTRACTOR'S REPRESENTATIVE
RESIDENT ENGINEER COMMENTS: _ Jose Contreras
- COPY TO: DISTRICT MAINTENANCE FOR FILE