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HomeMy WebLinkAbout4.02 FreewayLandscapMaintCITY CLERK FILE # 600-50 AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 19, 1999 SUBJECT:. Agreement with Caltrans for Freeway Landscape Maintenance Report prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: RECOMMENDATION:/~' 1) Resolution 2) Proposed agreement Adopt resolution FINANCIAL STATEMENT: The Cost of landscaping installation is paid by the developer. Ongoing maintenance of landscaping is to be performed by the adjacent property owner. The terms of the agreement with Caltrans provide that the State will take over maintenance in 20 years. DESCRIPTION: One of the Conditions of Approval for Hacienda Crossings included a requirement that OPUS install landscaping along 1-580. The encroachment permit obtained from Caltrans by OPUS contains a requirement that the City of Dublin execute a maintenance agreement with Caltrans for ongoing maintenance of the landscaping, including irrigation, weed and pest control, trimming and pruning, and litter and graffiti removal. The proposed agreement with Cakrans is Attachment 2. v The freeway frontage is not included in the Santa Rita Landscape Maintenance Assessment District, and it is therefore proposed that OPUS maintain the landscaping along 1-580. An agreement delegating maintenance responsibility. to OPUS is being proposed as a separate item on this agenda. The agreement with Caltrans is being drawn up so that other areas can be added into the agreement as-' other properties along the freeway develop. The freeway frontages of AutoNation, General Motors, and the Koll Center properties are examples. Staff intends to require each property owner with freeway frontage to maintain its freeway landscaping under similar agreements. Additional agreements with those developers or property owners will be presented as landscaping is installed on the other properties. The Caltrans agreement proposes that the State will take over maintenance of these areas in 20 years. Staff recommends that the City Council adopt the resolution approving this agreement. COPIES TO: Stanley Ng, Caltrans OPUS West Corporation ITEM NO. g:Xagenmisc\caltran~ landscape agreement RESOLUTION NO. - 99 A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF DUBLIN ~~:~ APPROVING AGREEMENT WITH STATE DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR MAINTENANCE OF 1-580 FREEWAY FRONTAGE LANDSCAPING /4 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 ofi-580 freeway frontage landscaping in the areas indicated in said agreement. BE IT FUP,,TH2ER 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 gAagenmisc~resocaltrarm fwy 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 , 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 hereinaher 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 DirectoF," 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 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. Vll. IX. Xl. 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 here,n. 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 LANDSCAPEO 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 th.e_ 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. 2 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 '~aid 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 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 ever 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 EXHIBIT A DELEGATION OF LANDSCAPE MAINTENANCE The specific maintenance function iridicated 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 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 Location Route it 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 Z EXHIBIT A Page 3 ~AI~O VGN'qlDVN EXHIBIT A Page 4 <r- 0 0 Z Q- >- (,3 (I) t ~ ::::