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HomeMy WebLinkAboutItem 4.03 OPUS FreewayLandscapCITY CLERK FILE # 600-30 AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 19, 1999 SUBJECT: Agreement with OPUS for Maintenance of Freeway Frontage Landscaping Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) Resolution 2) Agreement RECOMMENDATION: FINANCIAL STATEMENT: Adopt resolution The cost of landscaping installation and maintenance will be paid by the property owner. The terms of the Caltrans agreement (a separate item on the agenda) provide that the State will take over maintenance in 20 years: DESCRIPTION: · The conditions of approval for Hacienda Crossings require installation of landscaping within the State right of way along 1-580. The'terms of the State encroachment permit issued to OPUS require that the City enter into an agreement with Caltrans for maintenance of the landscaping (see separate agenda item regarding agreement with Caltrans). This freewa landscaping is not within the area maintained by the Santa'Rita Landscape Maintenance Assessment Di'[itrict. This agreement with OPUS delegates the maintenance of landscaping to the property owner. The agreement provides for a specific level of maintenance, including irrigation, weed and pest control, trimming and pruning, and litter and graffiti removal. The agreement with Caltrans proposes that the State will take over maintenance of this area in 20 years. Staff recommends that the City Council adopt the resolution approving the agreement with OPUS. g:Xagenmisc\opus fwy ldscp agreement COPIES TO: OPUS West Corporation ITEM NO. RESOLUTION NO. - 99 A RESOLUTION OF THE CITY COUNCIZ OF THE CITY OF DUBLIN APPROVING AGREEMZNT WITH OPUS WEST CORPORATION FOR MAINTENANCE OF I-S80 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, THEREFOE, 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 FLIRTHER RESOLVED that the Mayor is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 19th day of October, 1999. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk g:xagenmiscxresoopus fwy ldscp EXHIBIT A OF RESOLUTION ,~ ~/1 AGREEMENT BETWEEN CITY OF DUBLIN AND OPUS WEST CORPORATION FOR MAINTENANCE OF LANDSCAPING ON P580 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 1 through 4 of Parcel Map 7116 ("the Property"). B. Developer has received entitlements to develop the property with a retail shopping center. 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 adj.acent 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. E. The purpose of this agreement is to re-delegate this City's obligations for maintenance of such landscaping to Developer for the 1-580 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-Dele.clation of Maintenance Obli.clation to Developer. City hereby re-delegates and assigns its obligations under the Caltrans 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 actions arising from Developers actions pursuant to this agreement and shall indemnify and hold City har. mless from any damages that may be awarded against City in connection with Developers 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 F'%'T"?'z::!~ ,~:: i.,-.i 7 '; 'i% :.-,,~ ,'7 e~ ATTEST: 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 pdor to performing its obligations under the Caltrans Agreement. Required 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. 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 By: Mayor City Clerk g:~dev~epusretAfiivy Idscp agreement OPUS WEST CORPORATION By: Title: 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 hereinafter referred to as "CITY." The parties desire tQ 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. III. 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 bf 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 all 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 // Vl. 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 g~anted 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 LANDSCAPED 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. XII. 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 895.4, 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 Understood 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 3 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. XVI. 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 written. CITY OF DUBLIN Mayor Attest: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 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 delegatio~ 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. Route Length Program No. Miles Description of Routing Delegated 580 4.68 Freeway: along south city limits from HM2D Tassajara Road to 1.20 miles west of HM2E San Ramon Road, a length of 4.68 miles. See Note 1. Total Authorized Route 580 ~ Maximum Annual Authorized Expenditure 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 Aicosta Boulevard, a length of 1.70 miles. See Note 1. 0.00 0.00 Total Authorized Route 680 ~"' 0.00 Note: 1. 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 Location Route ii Post No. No. Miles 1 580 18.6 LANDSCAPED AREAS Encroachment See Exhibit A Permit No. Pages 98-0864 3 and 4 Termination Date (See Note 2) January 1, 2019 Note: 2. 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 EXHIBIT A Page 3 ,/ ./ rr EXHIBIT A Page 4 '¢.c: C..)~ 0 ._l Z