HomeMy WebLinkAboutItem 4.04 CaltransMaintain I580 CZTY CLERK
AGENDA STATEMENT
CTTY COUNCIL MEETTNG DATE: November 19, 2002
SUBJECT: Freeway Agreement with Caltrans for Maintenance of Freeway
Landscaping along I-580
Report Prepared by: Lee S. Thompson, Public I/Vorks Director
ATTACHMENTS: 1) Resolution
2) Freeway Maintenance Agreement
3) Agreements with Koll Development Company dated
November 6, 2001
RECOMMENDA~_.(~: ~Adopt resolution approving the Freeway Maintenance Agreement
FINANCIAL SIr-A_T. EMENT: Under this agreement, the City agrees to maintain proposed
landscaping along the 1-580 freeway adjacent to the Koll Center.
Per a previous agreement between the City of Dublin and Koll
Development Company, the City's obligation to maintain the
landscaping along 1-580 is being re-delegated to Koll Development
Company at no cost to the City.
DESCRIPTION: On November 6, 2001, the City of Dublin entered into a fimding
agreement with Koll Development Company, LLC (Koll), wherein Koll was to fund the costs of installing
landscaping along the frontage of the Koll Center within Caltrans' right-of-way for 1-580. Since grading
of the interchange had not been completed, Koll was unable to place the landscaping in its ultimate
location. In lieu of Koll installing the freeway landscaping, Koll agreed to pay Dublin the installation
amount so that the City could install the landscaping as part of the 1-580/Tassajara Road Interchange
Improvement project.
At present, the City is constructing the 1-580/Tassajara Road Interchange Improvement project. The City
requested that Caltrans approve the installation of the proposed freeway landscaping in the interchange
project and Caltrans has agreed provided a maintenance agreement is executed between Caltrans and
Dublin. The attached freeway agreement would delegate the maintenance of the proposed freeway
landscaping adjacent to Koll Center to the City of Dublin. In turn, one of the landscape maintenance
agreements between Dublin and Koll dated November 6, 2001, re-delegates the maintenance
responsibility to Koll.
Staff recommends that the City Council adopt the resolution approving the Freeway Maintenance
Agreement with Caltrans.
COPIES TO: Owners and Maintenance Contractor fo I~11 ,
Center
ITEM NO.
G:hMISCPROJ~I-580-Tassajara~Agst Caltrans Freeway Maint Agmt.doc
RESOLUTION NO. - 02
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING FREEWAY MAINTENANCE AGREEMENT WITH
CALTRANS FOR MAINTENANCE OF FREEWAY LANDSCAPING ALONG 1-580
WHEREAS, the City of Dublin entered into a funding agreement with Koll Development
Company, LLC, on November 6, 2001, to fund the costs of installing landscaping along the frontage of
Koll Center within Caltrans' right-of-way for 1-580; and
WHEREAS, the City of Dublin is presently constructing the 1-580/Tassajara Road Interchange
Improvement project; and
WHEREAS, the City of Dublin has requested that Caltrans include the installation of the proposed
freeway landscaping in the interchange project to accelerate its installation; and
WHEREAS, Caltrans has agreed to include the landscaping work provided a freeway maintenance
agreement is executed between Caltrans and Dublin; and
WHEREAS, the City of Dublin will re-delegate this maintenance obligation to Koll Development
Company per the landscape maintenance agreement between the City of Dublin and Koll dated November
6, 2001;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves
the Freeway Maintenance Agreement with Caltrans for maintenance of freeway landscaping along 1-580.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement.
PASSED, APPROVED AND ADOPTED this 19th day of November, 2002.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
g:miscproj~I-580-TassLReso Caltrans Freeway Maint Agmt
Ala-580-KP 27.2/29.2 (PM 16.9/18.2)
FREEWAY MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into in duplicate, effective this
, day of , 20 , is by and between the State of
California, acting by and through the Department of Transportation, hereinafter referred to as
"STATE," and the City of Dublin, hereinafter referred to as "CITY".
WITNESSETH:
WHEREAS, under STATE Cooperative Agreement No. 1820-C between STATE and
CITY, CITY will construct improvements to State Highway Route 580, a freeway within the
limits of CITY, at the Santa Rita/Tassajara Road Interchange, and
WHEREAS, the parties hereto mutually desire to clarify the division of maintenance
responsibility, upon. completion of improvements and acceptance by STATE, under said
Cooperative Agreement, as to separation structures, and local CITY streets and roads, or portions
thereof, and landscaped areas lying within or outside the freeway limits.
NOW THEREFORE, IT IS AGREED:
1. When a planned future improvement has been constructed and/or a minor revision has
been effected within the limits of the freeway herein described, which affects the
parties division of maintenance responsibility as described herein, STATE will
provide a new dated and revised Exhibit "A" which will be made a part hereof by an
amendment to this Agreement when executed by both parties, which will thereafter
supersede the attached original Exhibit "A" and which will then become part of this
Agreement.
2. LANDSCAPED AREAS ADJACENT TO CROSSING STRUCTURES
Any plantings or other types of roadside development lying outside of the area
reserved for exclusive freeway use shall be maintained by CITY at CITY expense.
CITY shall also maintain, at CITY expense, landscaping within the area reserved for
freeway use as shown on Exhibit "A". CITY shall not enter said landscaped areas
within freeway limits via the freeway side unless an encroachment permit is obtained
from STATE.
An encroachment permit will be required for third parties when mmntenance work is
re-delegated.
3. LEGAL RELATIONS AND RESPONSIBILITIES:
A. 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 affect the
legal liabilitY of either party to the contract by imposing any standard of care with
Ala-580-KP 27.2/29.2 (PM 16.9/18.2)
respect to the maintenance of STATE highways different from the standard of
care imposed by law.
B. It is understood and agreed that neither 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 CITY under or in connection with any work
authority or jurisdiction delegated to CITY under this Agreement. It is
understood and agreed that, pursuant to Government Code section 895.4, CITY
shall defend, indemnify and save harmless STATE and all of its officers and
employees from all claims, suits or actions of every name, kind and description
brought for or on account of injuries to or death of any person or damage to
property resulting from anything done or omitted to be done by CITY under or in
connection with any work, authority or jurisdiction delegated to CITY under this
Agreement.
C. It is understood and agreed that neither 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 STATE under or in connection with any work, authority or
jurisdiction delegated to STATE under this Agreement. It is understood and
agreed that, pursuant to Government Code section 895.4, STATE shall 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 for or on
account of injuries to or death of any person or damage to property resulting from
anything done or omitted to be done by STATE under or in connection with any
work, authority or jurisdiction delegated to STATE under this Agreement.
4. EFFECTIVE DATE
This Agreement shall be effective upon the date appearing on its face, it being
understood and agreed, however, that the execution of this Freeway Maintenance
Agreement shall not affect any pre-existing obligations of CITY to maintain
designated areas pursuant to prior written notice from STATE that work in such
areas, which CITY has agreed to maintain pursuant to the terms of the Freeway
Agreement, has been completed.
Ala-580-KP 27.2/29.2 (PM 16.9/18.2)
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
JEFF MORALES
Mayor Director of Transportation
Attest: By
City Clerk BART DESAI Date
Deputy District Director
Maintenance
Approved as to form:
City Attorney
FREEWAY MAINTENANCE AGREEMENT
WITH CITY OF DUBLIN
SEE SHEET 2 2
I/,A¥ '~CNOOL RD.
L I VEflUORE" ""~o ~°.
~ HARTMA~
flEHABILITAT I~ ( CENTER
DUBL I N '
...... ~*' 580
/ ARROYO '
~ MUNICIPAL AIRP~T ~f~ AVE
:, ,,E PLEASANT~
EXHIBIT
Poge I o'f
FREEWAY MAINTENANCE AGREEMENT
WITH CITY OF DUBLIN
~~ Molntcllned by
"' City of Dublin
__. ~L~% ........... City Limit
'h:i Right of Way
................~,,, o~ . ...... :~~ ....... :'"~;.'~ ~ ~.j ............ ~~~~.
CITY OF
-~~ //~
R/W ...... ' ....
EXHIBIT
Page 2
AGREEMENT BETWEEN-THE CITY OF DUBLIN
AND KOLL DEVELOPMENT COMPANY, LLC
TO FUND THE COSTS OF INSTALLATION
OF LANDSCAPING ALONG 1-580
THIS AGREEMENT (this "Agreement") is made and entered into this 6th day of
November, 2001, by and between the City of Dublin, a municipal corporation (City) and Koll
Development Company, LLC, a Delaware limited liability company (Developer).
RECITALS
A. Developer holds legal interest in and desires to develop the real property
described in Exhibif A attached hereto (the Property).
B. Developer has received entitlements to develop the Property as an office complex.
· C. Subparagraph 5.3.2(b)(v) of Exhibit-B of that certain Development Agreement,
dated as of April 20, 1999, by and among City, Developer and the Surplus Property Authority of
Alameda County, requires Developer to enter into an agreement with City to install landscaping
along the frontage of the Property within the Caltrans' fight-of-way for Inter~tate 580 (the
"Landscaping") prior to the issuance of the first certificate of occupancy.for the Property (the
"Landscape Installhfion Condition").
D. City estimates the costs of installation of the Landscaping to be $52,814.00 (the
"Installation Amount")
E. In lieu of Developer installing the Landscaping, Developer wishes to satisfy the
Landscape Installation Condition (and City acknowledges that such Condition will be satisfied)
by paying the Installation Amount to City so that City may install the Landscaping.
NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the
mutual provisions, obligations and covenants herein coritained, City and Developer agree as
follows:
AGREEMENT
1. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
G:DEVELOP~KOLL\agmt fund landscaping Page 1
2. Payment of the Installation Cost for the Landscaping.
Concurrently with the execution of this document, Developer shall pay the Installation
Amount to City in immediately available funds.
3. Satisfaction of Landscape Installation Condition.
City hereby acknowledges and agrees that Developer's payment pursuant to Section 2 of
this Agreement satisfies in full the Landscape Installation Condition, and City waives any further
rights with respect to the Landscape Installation Condition.
4. Installation of Landscaping.
City shall utilize the Installation Amount to install the Landscaping in accordance with
Caltrans' current landscaping standards.. City is hereby granted a temporary license to access the
Property as reasonably necessary (and in the least obtrusive means possible) to complete the
installation of the Landscaping, and City shall indemnify and hold Developer (and its successors
and assigns) harmless for any actions taken by City, its agents, contractors, consultants or
employees on the Property and from any and all claims, damages, costs and liabilities which may
arise as a result of such actions. City hereby covenants that to the extent that the Landscaping is
accompanied by a warranty from the installing contractor, Developer (and its successors and
assigns) shall be named as additional beneficiaries of any such warranty.
5. Amendment.
This Agreement may not be amended or otherwise modified except in a writing executed
by all parties hereto.
6. Counterparts. This Agreement may be executed in two or more counterparts,
each of which shall constitute an original and all of which taken together shall constitute one and
the same instrument.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
G:DEVELOP\KOLLXagmt fund landscaping Page 2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
CITY OF DUBLIN . KOLL DEVELOPMENT COMPANY, LLC,
. : By: ~
Michael G. Parker
Senior Vice President, Partner
ATTEST:
Agreement Between City of Dublin and Koll Development Page 3
241600.04-Los Angeles Server lA MSW - Draft September 21, 2001 - 2:32 PM
' PROPERTY DESCRIPTION
(KOLL DEVELOPMENT SI~I'E) -.
ALL that certain re, al.property situate in the City ofDubl/n, Co6nty of Alameda, State of Cal. ifornia,
and described as follows: ' ,
'Parcel 4 as. shown on that certain map entitled "PAKCEL MAP lqO~' 7250, S Kt~.A
PKOPEP,,TYTM,fried December 23,' 1998 in Book 243 of Parcels Maps at Pages 74 througt~ ii, ..
inclusive, in the'Office of thc I~¢orde, r ofAIamcda Coun.ty, State of Calif°min-
A plat show/ng the.above descrribed property is attached hereto'and made. a p.art hereof as E,'~ibit
This description was prepared for Bda~, Kaugas FoulZ
Paul Kittredge, P;~. No. 5790 '
Lieer~e Expires: 06/30100
- k: ~s ur94~9~01 .~"8.~ O'v. lusr, rip ~kul{.mtm.w{xi
2737 Nor~ Main Street. Suite 200 -Wainut Creek, CA945u6-2714 · [925] 940-2200 ,, FAX [B25l 940-2299
~XJ'{i'BIT A
RI=MAJND~R ?~C~'L, ...
DUBLIN .BOULEVA~D' A~
N88"45'43~W 9,00' NSB'45'4~"W . ~N 01~4'17" E
~32.30' 9.~' N BE ~5 43 W' 401.gg
~7"42'09".
256.00' ..
35~9';41~ W
P.ARCEL 4
PARCEL 7250
R = 32~00' /'
L = 27,62'
N .3B~8'59" E (PRC) ~ ~' =
~ = 13g~27'50" ~ E = 552.
E = 68.00' ~. k = 505.~5'
L = ~55.5.1'
N 89~8'09' W
" HIGHWAY ROUTE' 580'
,,*,;-1~; 2757 North Main Street 'Subject PLAT TO ACCO~ANY ,
Fl~k suite 200 PROPERTY' DESCR ! PT ! ON
'" ~ [l~a~]].[]~,~ .. Wolnut Creek, CA 94596 Jo~ NO. 940t58-14
a25/940-22~9 (~)
SHEET 1 OF
'AGREEMENT BETWEEN THE CITY OF DUBLIN
AND KOLL DEVELOPMENT COMPANY, LLC, FOR
MAINTENANCE OF LANDSCAPING ALONG 1-580
THIS AGREEMENT (this "Agreement") is made and entered into this 6th day of
November, 2001, by and between the City of Dublin, a municipal corporation (City) and Koll
Development Company, LLC, a Delaware limited liability company (Developer).
RECITALS
A. Developer holds legal interest in and desires to develop the real property
described in Exhibit A attached hereto (the Property).
B. Developer has received entitlements to devel°p the Property as an office complex.
C. Subparagraph 5.3.2Co)(v) of Exhibit B of that certain DevelOpment Agreement,
dated as'of April 20, 1999, by and among City, Developer and the Surplus Property Authority of
Alameda County (the "Development Agreement"), requires Developer to enter into an agreement
with City to install landscaping (the "Landscaping") along the frontage of the Property within the
Caltrans right-of-way for Interstate 580, which area is depicted on Exhibit B attached hereto.
Developer has satisfied this condition (and City hereby acknowledges that such condition has-
been satisfied) by concurrently herewith entering into an agreement with the City to fund the
estimated cost of the installation of the Landscaping.
D. Subparagraph 5.3.2(b)(v) of Exhibit B of the Development Agreement also
requires Developer to maintain the Landscaping once it is installed.
E. City has entered into an agreement with Caltrans entitled Agreement for ·
Maintenance of Landscaping on State Highways in the City of Dublin, dated 'November 24,
1999, (the Caltrans' Agreement), a copy of which is attached hereto as Ekhibit C. The Caltrans
Agreement delegates Caltrans'. obligation to maintain the Landscaping to City and authorizes
City to re-delegate such maintenance obligation to Developer, subject to certain conditions.
F. The purpose of this Agreement is to re-delegate the City's obligations for
maintenance of such Landscaping to Developer for the 1-580 right-of-way adjacent to the'
Prope .r?y. '
G. Developer anticipates creating the Koll Dublin Corporate Center Owners
Association (the "Association") to maintain the common area on the Property, among other
tasks, and wishes to assign its obligations under this Agreement to the Association upon the
Association's creation, which assignment is acceptable to City, provided that it is made in
accordance with the terms hereof.
G:DEVELOP~KOLL\agmt maintain landscaping Page 1
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=Delegation of Maintenance Obligation to Developer.
CiW hereby re-delegates and assigns its obligations under the Caltrans Agreement to
maintain the Landscaping along the frontage of the Property within Caltrans' right-of=waY for
Interstate 580 to Developer, and Developer hereby assumes and agrees to perform said
obIigations under the Caltrans Agreement.
3. Assignment.
Developer shall have the right to assign its obligations under this Agreement to the
Association (the "Assignment')), which Assignment shall be evidenced by an assignment and
assumption agreement (the "Assignment Agreement") in form and Substance reasonably
satisfactory to the City's Director of Public Works and the City Attorney.
4. Indemnification.
Developer agrees to defend City against any claimS or actions arising during the period
prior to the Assignment and arising from Developer's actions pursuant to this Agreement, and
Developer shall indemnify and hold City harmless, from any damages associated therewith that
may be awarded against City. Upon the Assignment, the Association shall defend City against
any claims or actions arising during the period after the Assignment and arising from the
Association's actions pursuant to this Agreement, and the Associa/ion shall indemnify and hold
City harmless from any damages, associated therewith that may be awarded against City.
City agrees to defend Developer (and/or the Association, as applicable)against any
claims or actions arising from City's actions pursuant to this Agreement, and City shall
indemnify and hold Developer (and/or the Association, as applicable) harmless from any
damages that may be awarded against Developer (and/or the Association, as applicable) in
connection with City's actions pursuant to this Agreementl
5. Encroachment Permit.
If required by Caltrans in accordance with the Caltrans Agreement, City hereby covenants
and agrees to obtain and maintain the necessary encroachment permit (naming Developer and the
O:DEVELOPLKOLL\agmt maintain landscaping Page 2
Association as additional beneficiaries of such permi0 from Caltrans to allow Developer (and its
successors and assigns) to perform its obligations under this Agreement. Developer (and its
successors and assigns) shall not be in default of this Agreement for failure to perform some or
all of its maintenance obligations hereunder if City fails or is unable to obtain the requisite
encroachment permit.
6. Termination.
Developer may terminate this Agreement by providing six months notice to City and by
· paying to City an amount of money reasonably deemed sufficient by 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, in
which event Developer shall not be required to pay any amounts to City to generate income for
City to maintain the Landscaping with its own forces or by contract.
Notwithstanding anything to the contrary contained in this Agreement, if not earlier
terminated by either party in accordance with this Section 6, this Agreement shall automatically
terminate upon the termination of the Caltrans Agreement (which Calms Agreement terminates
on January 1, 2019).
7. Amendment.
This Agreement may not be amended or otherwise modified except in a writing executed
by ail parties hereto. City hereby agrees that any amendment or other modification to the
Caltmns Agreement that would result in any impairment of Developer's (or its successors or
assigns) rights or expansion of its obligations .under this Agreement shall require the prior written
approval of Developer (or its successors or assigns).
8. Counterparts..This Agreement may be executed in two or more counterparts, each
of which shall constitute an original and all of which taken together shall constitute one and the
same instrument. -
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
O:DEVELOPXKOLL\agmt maintain landscaping Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
CITY OF DUBLIN
"
City of Dublin
ATTEST: KOLL DEVELOPMENT CoMpANY,
_ LLC, a Delaware limited liability
company
By: ~ -
Michael G. Parker
Senior Vice President, Parmer
Agreement Between City of Dublin and Koll Development . .
241599,06-Los Angeles Server lA - MSW
COUNTY oF.'A4 cda. )
~d for sMd.state,'pers~nally app¢~ed ~ ~ ~ ~. ~~ ~, p~on~Iy ~o~ to me (o~
proved m me on ~¢ b~is of satisfacm~ e~d~c¢), to be ~e person whose n~e is subscfib~ to
· ¢ wi~in ins~ent ~d ac~Owledged to me ~at~/sh~ ex~med ~e s~e in
au~ofized capaci~, ~d ~at by ~er signa~ on ~e ~s~m~t, ~e person, or ~e enfi~
upon behatfofw~ch the person act~, executed ~¢ i~mem.
~SS my h~d ~d OfflCi~ se~. ~~ C0mm, ~ ~26~32
Nota~ Public in ~d for said State
STATE OF )
) SS,
COUNTY OF )
· On , before me, , a Notary Public in
and for said state., personally appeared , personally known to me (or
proved te me on.the basis of satisfactory eVidence) to be the person whose name is subscribed to
the within instrument and acknowledged to me that he/she eXecuted the same in his/her
authorized capacity, and that by his/her signature on the instrument, the person, or the entity
upon behalf of which .the person acted, executed the instrument.
WITNESS my hand and official seal.'
Notary Public'in and for said State
PROPERTY.. DESCRIPTION
(I'(OLL DEVKLOPM~ s1TE)
ALL that cm'taku re, al.proper~y Situate' in the City of Dublin, Co~ty ofAlam, eda, S~ate of Califomia,
and d~scrib~d as fo}lows:
Paraal 4 as shown on }h.t
PKOPER~Y", filed Decem'b~r
inekaiv=, in the'0fiiee oft he Recorder of Alameda County, sate of CMifomia.
A pl~'t showing the above describ=~[ prop=try is.attached h~r~to'and m~d~.a p.m-t h=re0f as. ExI~'bit
This description wa~ prepared for Brian Kang~ Foulk.
Paul Kie~'e, dge, ?..~.. ~o. 5790
Li¢~ns~ Expire~: 06/30/00
2737 No~ Main suea~, suite 200 · Wainu~Cre~ CA945~E-27'I4.
.(
( DUBLIN ~ :~UL~VARD
45.05' ' -
N88'45,43,w O~] 7" E
267.0~' NSB'45'~3"~ .
37'42'09".
~ PARCEL ~
~A~C[L ~ P~RCEL MAP 7.25'0 .
24.3 P.M. 74
~ 33:342
· ~.
L = 165.51'
N 89*38~9" W -- 91.55' '
HIGHWAY ROUTE 580'
~'~' 27~7 North M~in Street Subject P~T TO ACC~P~Y
. Wolnut Creek, CA 94596 Job No. 9401'5~14
925/94~2299 (~) By ML~. Dote 02/tl /99 Chkd. PAK' _'
SHEET I OF ,,:,,
~aJTA
LANDSC~G .AREA
~"
EXI-IIB!T ." C"_
AGR~MENT FOR ~i~~CE OF ~DS~APIN~
ON $TA~'HIG~AYS IN THE Ci~ OF DUBLIN ..
This AGREEME~ is made effemive this ~ day of. ~M~~, 1999,
b~ and b~een ~he State ~f California, a~ing by and through
Transpo~ation, herein~er refe~e& to as ~STATE,7 and t~e C~ of Dublin-hereina~r
referred te as
I. . The'pa~i~ desire to pro,de ~ CI~ pe~O~ p~icul~'mainten~ce·
- run,ions on the ~e' highways within. ~e 'Ci~ aa au~ize~
of the ~ ahd Highways Code.
!1. This Agreement shall, supplement any previous agreement for ~ai~en~ce of
~e identified:po~on of the ~e highWags in ~e C~ of Dublin and/or
amendmen~ theret° w~-the C~.
II1. ~e C~ shall peffo~ such mai~enanqe wo~ as is specificaiIy delegated
A, on ~he ~dent~ed StYe highway m~es, or potions ~mof, ali ~ hereina~er
described under Exhibit A, aRached to and made a par 0f ~is Agreement, or
as said E~ibA may be subsequen~y modified wi~ the cogent of the pa~es
hereto a~ng by and ~rough ~eir a~hoHzed represe~fives.
When f~re' landscaping is to be in,ailed under STATE-i~u~ encroachment
pe~ STATE will provide a.newiy dated and revised ~hibit A, Which, When
accepted in writing by G~, sh~ll, be made a pa~ hereof by ~is r~erence to
supers~e the original ~hibA as par of ~is Agr~ment.
IV. The degree-or e~t of mai~enance work t° be peffo~ed, and ~e ~ndards
therefore, shall be in accoMance, w~h the provisions of S~tion 27 of the
S~s and Highways Code and ~e ~hen cu?rent cd,ion of ~e Stye
Maintenance Manual, or as may be proscribed ~m ~ime to time by the Dis~ict
Dirmor. "Di~rict Dire~or," as used herein, means the Di~ Dire~or
Depa~ent of Tra~poRafion ~sign~ to the te~ito~ in which CI~ is
10~ted, or an amhorized representative.
The STATE resemes ~e option to ~nspect ~ ?andom all areas of.State
highways maintained by the Ci~. However, such random inspe~i0n does not
preempt'the Ci~'s maintenance responsibilMes as specked' in this
Agreement.
~ encroachment permit will be r~uired for thi~ pa~i~ when maintenance
work.is r~delegate~. Such r~delegated wor~' shall be pe~o~ed at ~e same
levels of servic.e as specified herein and will.be subject to the same random
inspections as. provided for work performed 'directly by CITY forces.
V. The functions and levels .of mai .ntenance service delegated.to'the CITY.in the
attached Exhibit A, ~Delegatibn of Landscape Maintenahce,~ has been
I 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.
VI. .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 taw.
~ VII. Rights granted to Ci'i~Y under this Agreement are restricted to maintenance
; duties. Any other use or p.resence by CITY,' including a contractor for CITY,
will require that a separate encroachme~ permit be issued from STATE,
VIIi. 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 {repair the
primary highway transportation use of STATE's right of Way or other uses
licensed or permitted by STATE.
IX.. Should CITY desire to reconstruct or f~!rther improve LANDsCApED AREAS,
ClT~ Shall obtain ali necessary.design approvals and a new additional
-. encroachment permit from STATE.
X~. CiTY shali be responsible for all costs 'associated with relocating or
protecting any elements of the LANDSCAPED AREAS in the event that such
action [s required due to any work proposed, permitted, or performed by
= STATE tha~ 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.
XI. STATE reserves its right'to use all of those areas within STATE"s f!ght of
: .w. ay, including LANDSCAPED AREAS, for future construction,
reconstruction, expansion, modification, or maintenance purposes-without
~ restriction, inclu~ting the area enoomp'essing the LANDSCAPED AREAS.
XIi. CITY shall not ..~nter the adjacent roadbed of State highways, which includes'
the roadbed of ramps~.d.ufing mainl~enance of LANDSCAPED AREAS, nor
shall CITY use Isaid roadbed as an access to anc~ from LANDSCAPED AREAS
unless expresslY, provided for in a separate'encroachment permit obtained
from STATE.
XIV. '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,. ~L~. ER/DEBRIS/ORA. FFi~
CITY shall provide for removal of. litter, debris, and graft;ti from the roa~tsides
along LANDSCAPED AREAS, Litter, debris, and.graff"~d includes, but is not*
limited to, ali 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 shai'! provide for m~intenance and r. eplacement of all vegetative
: material,, including watering, fertilizing, plant replaceme .nt, weed. control by
hand and mechanical means,, tree trimming and/or removal, chipping,
miscellaneous work such as pest control and inhibitor spray. The
maintenanoe* of the irrigation system is included.
XIV. 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 orn'r~ed to be done by the CITY under or in' connection w~ch'
any work, authority or jurisdiction delegated to .t. he 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.narne~ ldnd
and description brought for-er 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 und. er or in connection With any worE, authorfty or jurisdiction
delegated to the CITY under this agreement.
XV. it is ~jnderstood 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 don~ by the STATE under or in connection
with any work, authority or jurisdiction delegated ,to the STATE under this
3
i Agreempnt. It ~. understood and.agreed that, pursuantto Government Code
Section 895.4 STATE, shall defend, indemnify and save harmless the CITY, all
officers and enlpioyees 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 properly, resulting from anything done or omitted to be done by
· the STATE under or in cor~nection with any work, au;chority or jurisdiction
delegated 1~ the STATE under this agreement.
XVI. 'This Agreement sha!l.remair~ in. full force and effect.una3 amended. b~ the.
mutual consent of the parties thereto or terminated by aither party upon thirty
(30) days written notice ~:o the other party.
· 'If ClTY .gives such notice, CITY shall remove the landscaping subject to
maintenance under this Agreement at no cos~ to STATE. Alternatively, if CiTY
and.' STATE .mutually agree in writing, Si'ATE 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' ~vri~en.
CITY OF DUBLIN STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
york'' ~ JOSE MEDINA
Ma . Director of Transportation
A~test: By ' ..
ity;C~L~//' -- ~- - GLENN E. BEHM Date
' ,-'~ ~j~ D'=trict Division Chief
· Maintenance
ApProved aS to form:
City A~bmey
DELEGATION OF LANDSCAPE MAINTENANCE
The' specific maintenance funcrtion ir~dicated below is hereby delegated to the
CITY. Tt~is deleg'atio~i of maintenance function ~et forth does not include the
h~reln
areas and .functions of which,the control and maintenance reSt with the CITY und6r
'
the terms of Freeway .Agreements and/or Freeway Maintenance Agreements.
Maximum
Anndal
Route Length Program . Authorized
No. Miles Description. of' Routing .Delegated Expenditure
580 4.68 Freeway-' along .south city limits from HM2D $ 0.00
Tassajara Road to'1.20 miles west of .HM2E '~ O.00
San Ramon Road, a length of 4.68
miles.
See Note 1.'
Total Authorized Route 580 $ 0.00
680 1,70 Freeway: from south city limits near HM2D ~ 0,00
Route 580 to the 'north city timits at HM2E 0.00
Aicosta Boulevard, a iength of 1.70
See Note 1.
'- Total AuthOrized Route 680 ~ 0.00
Note: '
I CITY shall provide for HM2D and HM2E program ~/orE at CITY's 'own expense,
and said work shall specifically be performed at the locations identified in the
table herein entitled ~LANDSCAPED AREAS.'
LANDSCAPED AREAS
lOcation Route' ~ 'Post En=mac, hment - See Exhibil: A Termination Date
.No, No. Miles Perm.~t No. Pages (See Note 2)
1 580 18.6 98-0864" '3 and 4 January 1,2019 .
- Note:'
2. STAT~ .shall assume IdM2D and HM2E program work,-and the cost and iiabii~¥
thereof, for the landscaped 'area identified by' location number on the termination
date .indicated.
2
DEPARTMENT OF TRANSPORTATi0N '' 1°41 "~'1 "° I' '"."' I, I ~
LAN'D6cAPE MAI-NTENANCE AGREEMIENT EXHIBIT ."A:'
. CITY, ol DUBLIN
,j
" J LOCATION NO. I .... , .-.
'-' j Permit NO. 98-0864 "
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'w .':- . '.. · ,. '.~ :., . -.' ...... -...
LOCAT1 ON MAP
IqO ~CALE
""'" " .... ' EXHIBIT '"A",., '
DUBUN BOULL:'VARD
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~ 114 .$ '." .
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ltouto §80
:~ maln'l-alned by CtTY Sheo:l' .2 .OF
LANDSCAPE MAINTENANCE' AOREEMENT wl-I'h. TI-IE CITY of DUI3LIN ..~
04-ALA-SBO Pos'l' MI le: 1'.8.6 Da'l'e~ 6/98