HomeMy WebLinkAboutReso 185-99 I580 Landscap/CaltrRESOLUTION NO. 185 - 99
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENT WITH STATE
DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR
MAINTENANCE OF 1-580 FREEWAY FRONTAGE LANDSCAPING
WHEREAS, the City of Dublin has required developers along the 1-580 corridor to install
landscaping along the freeway frontage; and
WHEREAS, the State of California Department of Transportation has placed a condition on the
encroachment permit for OPUS West Corporation (Hacienda Crossings) that the City shall execute an
agreement with Caltrans for maintenance of said landscaping; and
WHEREAS, the maintenance of said landscaping shall be performed by adjacent property owner
under a separate agreement with the City of Dublin;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves
the agreement with Caltrans, attached hereto as Exhibit A, for maintenance of 1-580 freeway frontage
landscaping in the areas indicated in said agreement.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement.
PASSED, APPROVED AND ADOPTED this 19th day of October, 1999.
AYES:
Councilmembers Howard, McCormick, Zika, Vice Mayor Lockhart and Mayor
Houston
NOES: None
ABSENT: None
ABSTAIN: None
K2/G/J O-I 9-99/reso-caltrans. doc
g:hgenmisc~resocaltrans f~' ldscp
EXHIBIT A OF RESOLUTION
AGREEMENT FOR MAINTENANCE OF LANDSCAPING
ON STATE HIGHWAYS IN THE CITY OF DUBLIN
This AGREEMENT is made effective this day of , 1 999,
by and between the State of California, acting by and through the Department of
Transportation, hereinafter referred to as "STATE," and the City of hereinafter
referred to as "CITY."
The parties desire to provide that CITY perform particular maintenance
functions on the State highways within the CITY as authorized in Section 130
of the Streets and Highways Code.
II.
This Agreement shall supplement any previous agreement for maintenance of
the identified portion of .the State highways in the City of Dublin and/or
amendments thereto with the CITY.
Ill.
The CITY shall perform such maintenance work as is specifically delegated to
it, on the identified State highway routes, or portions thereof, all as hereinafter
described under Exhibit A, attached to and made a part of this Agreement, or
as said Exhibit may be subsequently modified with the consent of the parties
hereto acting by and through their authorized representatives.
When future landscaping is to be installed under STATE-issued encroachment
permit, STATE will provide a newly dated and revised Exhibit A, which, when
accepted in writing by CITY, shall be made a part hereof by this reference to
supersede the original Exhibit as part of this Agreement. ~
IV.
The degree or extent of maintenance work to be performed, and the standards
therefore, 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, or as may be prescribed from time to time by the District
Director. "District Direct0r," as used herein, means the District Director of the
Department of Transportation assigned to the territory in which CITY is
located, or an authorized representative.
The STATE reserves the option to inspect at random ali areas of State
highways maintained by the CITY. However, such random inspection does not
preempt the CITY's maintenance responsibilities as specified in this
Agreement.
An encroachment permit will be required for third parties when maintenance
work is re-delegated. Such re-delegated work shall be performed at the same
VI.
VII.
IX.
XI.
levels of service as specified herein and will be subject to the same random
inspections as provided for work performed directly by CITY forces.
The functions and levels of maintenance service delegated to the CITY in the
attached Exhibit A, "Delegation of Landscape Maintenance," has been
considered in setting authorized total dollar amounts. The CITY may perform
additional work if desired, but the STATE will not reimburse the CITY for any
work in excess of the authorized dollar limits established herein.
Nothing in the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties not parties to this contract or to affect
the legal liability of either party to the contract by imposing any standard of
care respecting the maintenance of State highways different from the standard
of care imposed by law.
Rights granted to CITY under this Agreement are restricted to maintenance
duties. Any other use or presence by CITY, including a contractor for CITY,
will require that a separate encroachment permit be issued from STATE.
CITY shall not, at any time, use or permit the public to use the landscaped
areas subject to maintenance under this Agreement, hereinafter
"LANDSCAPED AREAS," in any manner that will interfere with or impair the
primary highway transportation use of STATE's right of way or other uses
licensed or permitted by STATE.
Should CITY desire to reconstruct or further improve LANDSCAPE-C:) AREAS,
CITY shall obtain all necessary design approvals and a new additional
encroachment permit from STATE.
CITY shall be responsible for all costs associated with relocating or
protecting any elements of the LANDSCAPED AREAS in the event that such
action is required due to any work proposed, permitted, or performed by
STATE that might be necessary to expand, modify, maintain, or repair
STATE's highway system. STATE shall provide sufficient notification to
CITY prior to the start of any such work.
STATE reserves its right to use all of those areas within STATE's right of
way, including LANDSCAPED AREAS, for future construction,
reconstruction, expansion, modification, or maintenance purposes without
restriction, including the area encompassing the LANDSCAPED AREAS.
Xll.
XIV.
XIV.
XV.
CITY shall not enter the adjacent roadbed of State highways, which includes
the roadbed of ramps, during maintenance of LANDSCAPED AREAS, nor
shall CITY use 'said roadbed as an access to and from LANDSCAPED AREAS
unless expressly provided for in a separate encroachment permit obtained
from STATE.
A description of those maintenance functions delegated to CITY are included
in this section. Those functions are identified by STATE's HM Program
Codes.
HM2D LITTER/DEBRIS/GRAFFITI
CITY shall provide for removal of litter, debris, and graffiti from the roadsides
along LANDSCAPED AREAS. Litter, debris, and graffiti includes, but is not
limited to, all sand, paper, garbage, refuse, trimmings, and other natural or
man-made'intrusions resulting f"rom public passage and access or acts'of
God.
HM2E LANDSCAPING
CITY shall provide for maintenance and replacement of all vegetative
material, including watering, fertilizing, plant replacement, weed control by
hand and mechanical means, tree trimming and/or removal, chipping,
miscellaneous work such as pest control and inhibitor spray. The
maintenance of the irrigation system is included.
It is understood and agreed that neither the STATE nor any officer or employee
thereof is responsible for any-damage or liability occurring by reason of
anything done or omitted to be done by the CITY under or in connection with
any work, authority or jurisdiction delegated to the CITY under this Agreement.
It is understood and agreed that, pursuant to Government Code Section
895.z~, CITY shall defend, indemnify and save harmless the State of California,
all officers and employees from all claims, suits or actions of every name, kind
and description brought for or in account of injuries to or death of any person
or damage to property resulting from anything done or omitted to be done by
the CITY under or in connection with any work, authority or jurisdiction
delegated to the CITY under this agreement.
It is ~nderstood and agreed that neither the CITY nor any officer or employee
thereof is responsible for any damage or liability occurring by reason of
anything done or omitted to be done by the STATE under or in connection
with any work, authority or jurisdiction delegated to the .STATE under this
XVI.
Agreement. It is understood and agreed that, pursuant to Government Code
Section 895.4 STATE, shall defend, indemnify and save harmless the CITY, all
officers and employees from all claims, suits or actions of every name, kind
and description brought for or in account of injuries to or death of any person
or damage to property resulting from anything done or omitted to be done by
the STATE under or in connection with any work, authority or jurisdiction
delegated to the STATE under this agreement.
This Agreement shall remain in full force and effect until amended by the
mutual consent of the parties thereto or terminated by either party upon thirty
(30) days written notice to the other party.
if CITY gives such notice, CITY shall remove the landscaping subject to
maintenance under this Agreement at no cost to STATE. Alternatively, if CITY
End STATE mutually agree in writing, STATE may take over Iow maintenance
of the landscaping subject to this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
day and year first above written.
CITY OF DUBLIN
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
Mayor
Attest:
JOSE MEDINA
Director of Transportation
By
City Clerk GLENN E. BEHM Date
District Division Chief
Maintenance
Approved as to form:
City Attorney
4
EXHIBIT A ~ ~ ~
DELEGATION OF LANDSCAPE MAINTENANCE
The specific maintenance function ifidicated below is hereby delegated to the
· ~
CITY. This delegation of maintenance function set forth herein does not include the
areas and functions of which the control and maintenance rest with the CITY under
the terms of Freeway Agreements and/or Freeway Maintenance Agreements·
Maximum
Annual
Route Length Program Authorized
No. Miles Description of Routing Delegated Expenditure
580 4.68
Freeway: along south city limits from
Tassajara Road to 1.20 miles west of
San Ramon Road, a length of 4.68
miles.
HM2D
HM2E
See Note 1.
Total Authorized Route 580 $
0.00
0.00
0.00
68O 1.70
Note:
Freeway: from south city limits near
Route 580 to the north city limits at
Alcosta Boulevard, a length of 1.70
miles.
HM2D $ 0.00
HM2E 0.00
See Note 1.
Total Authorized Route 680
$ 0.00
CITY shall provide for HM2D and HM2E program work at CITY's own expense,
and said work shall specifically be performed at the locations identified in the
table herein entitled "LANDSCAPED AREAS."
EXhIBiT A /"/'~/' ?
LANDSCAPED AREAS
Location
No.
Route ii Post Encroachment See Exhibit A Termination Date
No. Miles Permit No. Pages (See Note 2)
580 18.6 98-0864 3 and 4
January 1, 2019
Note:
STATE shall assume HM2D and HM2E program work, and the cost and liability'
thereof, for the landscaped area identified by location number on the termination
date indicated.
2
BTATE OF CALIFOI1HIA
DEPARTMENT OF TRANSPORTATION
LANDSCAPE MAINTENANCE AGREEMENT
with the
CITY of DUBLIN
IDISII COUHIYI IlOUlE
o41 ALA l, 5.0
POST MILES
TOTAL PflOJECT
18,6
EXHIBIT
iSlIEEII i0tAL
uo. lsml£~Ts
-F-i--~--
II ~ II
m
LOCATION NO. 1
Permit No. 98-0864
PROJECT ~
LOCATION ·"
.~.
Route 580
LOCAT ION MAP
NO SCALE
Ill
LEGEND
DUDUI,I
~'" ~ /~."~'"~,' ... ~ .... _..~ ,.
.. " '~. .Z.' '%~ I~
Route 580
EXHI B I T "A"
main'l-Girted by CITY
LANDSCAPE MAINTENANCE AGREEMENT wl'l-h ]'liE CITY of
DUBLIN
LOCATION No.
Shee~- 2 OF 2
O4-AI_,~- ~80
Pos'l- MI Ia: 18.1_
Da+e: 6/98