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HomeMy WebLinkAboutReso 190-99 LandscapMaint/OpusRESOLUTION NO. 190 - 99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AGREEMENT WITH OPUS WEST CORPORATION 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 City requires that 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 OPUS West Corporation, attached hereto as Exhibit A, for maintenance ofi-580 freewaY frontage landscaping along the southerly boundary of the Hacienda Crossings Shopping Center. 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 Htnvard, McCormick, Zika, Vice Mayor Lockhart and Mayor Houston NOES: None ABSENT: None ABSTAIN: None Mayor AGREEMENT BETWEEN CITY OF DUBLIN AND OPUS WEST CORPORATION FOR MAINTENANCE OF LANDSCAPING ON 1-580 THIS AGREEMENT is made and entered into this 19th day of October, 1999, by and between the City of Dublin, a municipal corporation ("City") and OPUS West Corporation, a Minnesota corporation (,Developer"). RECITALS Developer desires to develop and holds legal interest in the real property described as Parcels I through 4 of Parcel Map 7116 ("the Property"). B. DevelOper has received entitlements to develop the property with a retail shopping center. Co A condition of the project approvals (Condition No. 41, Resolution No. 78-97) requires Developer to enter into an agreement with City to plant and maintain landscaping within the Caltrans right of way for Interstate 580 adjacent to the Property. Developer has satisfied this condition by preparing landscape plans which have been approved by the City, obtaining an encroachment permit from Caltrans, and installing said landscaping per the approved plans. City has entered into an agreement with Caltrans entitled "Agreement for Maintenance of Landscaping on State Highways in the City of Dublin" dated October 19, 1999 ("the Caltrans Agreement") a copy of which is attached as Exhibit A. The Caltrans Agreement delegates the obligation to City to maintain the landscaping and authorizes City to re- delegate such maintenance obligation to Developer, subject to certain conditions. The purpose of this agreement is to re-delegate this City's obligations for maintenance of such landscaping to Developer for the t-580 right of way adjacent to the Property. NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual provisions, obligations and covenants herein contained, City and Developer agree as follows: AGREEMENT 1. Recitals. The foregoing Recitals are true and correct and are made a part hereof. 2. Re-Deleoation of Maintenance Obligation to Developer. City hereby re-delegates and assigns its obligations under the Cattrans Agreement (Exhibit A) to Developer, and Developer hereby assumes and agrees to perform City's obligations under the Caltrans Agreement. 3. Indemnification. Developer agrees to defend City against any claims or a~ions arising from DevetopeCs actions pursuant to this agreement and shall indemnify and hold City harmless from any damages that may be awarded against City in connection with DeveiopeCs maintenance of the landscaping pursuant to this agreement. City agrees to defend Developer against any claims or actions arising from City's actions pursuant to this agreement and shall indemnify and hold Developer harmless from any damages that may be awarded against Developer in connection with City's actions pursuant to this agreement. Encroachment Permit Required. As provided in the Caltrans Agreement, Developer will obtain an encroachment permit from Caltrans prior to performing its obligations under the Caltrans Agreement. 5. Reauired Maintenance Frequency Developer shall perform maintenance activities according to the following schedule: Irrigation: Average of 2 days per week at 10 minutes per station. Irrigation Check: Once per week. Litter Pickup: A minimum of once per week, or as required by the City. Pruning: Two times per year. Fertilization: Two times per year. Apply Pre-Emergent: Two times per year Remove and Replacement of Dead Plants: As required. Weed Removal, Spot Spraying, and Post-Emergent: As required. 6. Termination. Developer may terminate this agreement by providing six months' notice to City and by paying to City an amount of money deemed sufficient to City to generate income for City to maintain the landscaping with its own forces or by contract. City may terminate this agreement by providing Developer 30 days' notice in writing. CITY OF DUBLIN :J ' M~or G, i~ty ~erk g:\dev\apusretfCwy Idsc. p agreement EXHiBiT A OF AGREEMENT WITH OPUS AGREEMENT FOR MAINTENANCE OF LANDSCAPING ON STATE HIGHWAYS IN THE CITY OF DUBLIN This AGREEMENT is made effective this ~ day of , 1999, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE," and the City of hereina~er 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. 11. 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 Director," as used herein, means the District Director of the Depa~ment 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. 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 a~ached 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 ~',~.ti~s'¢. 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 I:.c.~ reconstruct or further improve LANDSCAPED AREAS, CiTY shall obtain ali: 3cessary design approvals and a new additional encroachment permit from STATE. CITY shall be responf:.ibte for all costs associated with relocating or protecting any eleme: ts of the LANDSCAPED AREAS in the event that such action is required du,. '::o any work proposed, permitted, or performed by STATE that might bc ~ecessary to expand, modify, maintain, or repair STATE's highway syszem. STATE shall provide sufficient notification to ~,,, , prio~ to the st~ of any such work. STATE reserves its r way, including LANT~ reconstruction, exp?, restriction, inciudin~ :-:t to use all of those areas within STATE's right of ..;APED ~ ~ ' AR_A.~, for future construction, :n, modification, or maintenance .purposes without ~ 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 from 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 8@5.4, CITY shall defend, indemnify and save harmless the State of California, ail 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 understood and agreed that neither the CtTY nor any officer or employee thereof is responsible for any damage or iiabiiity occurring by reason of anything done or cruised to be done by the STATE under or in connection with any work, authority or jurisdiction delegated to the STATE under this XVl. 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 and STATE mutually agree in writing, STATE may take over low 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 wri~en. CITY OF DUBLIN STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Mayor JOSE MEDINA Director of Transportation Attest: 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 iridicated below is hereby delegated to the · I~ 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 0.00 680 1.70 Freeway: from south city limits near HM2D ¢ Route 580 to the north city limits at HM2E Alcosta Boulevard, a length of 1.70 miles. See Note 1. Total Authorized Route 680 0.00 0.00 0.00 Note: 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 Route ii Post Encroachment See Exhibit A Termination Date No. No. Miles Permit No. Pages (See Note 2) 1 580 18.6 98-0864 3 and 4 January 1, 2019 Note' o 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 BI'ATI~ OF C^LIFOIltilA ~sl couttlx DEPARTMENT OF TIrIANSPOllTATION oJ_~_1 ^L^ { LANDSCAPE MAINTENANCE AGREEMENT with the CITY of DUBLIN I1OU 1 E TOIAL PROJECT 580 18.6 EXHIBIT iiAii ([3 jLOCATION NO. 1 Permit No. 98-0864 PuOjec~ -~.~k, .'LOCATION Goute 580 LOCATION{ AP EXHIBIT A Page 4 '