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1 LANDSCAPE MAINTENANCE AGREEMENT
WITH THE CITY/COUNTY OF ________
THIS AGREEMENT is made effective this ______ day of ____________, 20__, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the CITY/COUNTY of __________; hereinafter referred to as “CITY/COUNTY” and collectively referred to as “PARTIES.”
1. The PARTIES hereto mutually desire to identify the maintenance responsibilities of CITY/COUNTY for newly constructed or revised improvements within STATE’s right of way by Cooperative Agreement(s)1 number __________ dated ______, [And/Or]2 Permit Number(s) _____________________.
2. This Agreement addresses CITY/COUNTY responsibility for the 3_____________________ (collectively the “LANDSCAPING”) placed within State Highway right of way on State Route _____, as shown on Exhibit A, attached to and made a part of this Agreement.
3. Maintenance responsibilities that include, but are not limited to, inspection, providing emergency repair, replacement, and maintenance, (collectively hereinafter “MAINTAIN/MAINTENANCE”) of LANDSCAPING as shown on said Exhibit “A.”
4. 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.
5. When a planned future improvement is constructed and/or a minor revision has been effected with STATE’s consent or initiation within the limits of the STATE’s right of way herein described which affects PARTIES’ division of maintenance responsibility as described herein, PARTIES will agree upon and execute a new dated and revised Exhibit “A” which will be made a part hereof and will thereafter
1 Reference to an Encroachment Permit is acceptable if co-op was not used, delete and replace as needed including the footnote.
2 Alternative text delete if not needed
3 List pertinent items, list can include, but is not limited to, landscaping, planting, irrigation systems, hardscaping (Define Hardscaping) mulches, control, litter and weed removal, Biofiltration Swales, Linear Radial Gross Solid Removal Devices, sidewalks, bike paths, and parking restriction signs.
If there are different MAINTENANCE responsibilities for each of the items in the list, group them together and name each group, e.g., LANDSCAPING, IMPROVEMENTS, SYSTEM, etc. Once they are defined as named “collectively”, you do not refer to them individually again. Delete footnote before sending to locals.
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2 supersede the attached original Exhibit “A” to thereafter become a part of this Agreement.
5.1. The new exhibit can be executed only upon written consent of the PARTIES hereto acting by and through their authorized representatives. No formal amendment to this Agreement will be required.
6. CITY/COUNTY agrees, at CITY/COUNTY expense, to do the following:
6.1. CITY will MAINTAIN or have authorized licensed contractor with appropriate class of license in the State of California, to MAINTAIN LANDSCAPING conforming to those plans and specifications (PS&E) pre-approved by STATE.
CITY will have in place a valid necessary encroachment permits prior to the start of any work within STATE’S right of way.
6.1.1. An Encroachment Permit rider may be required for any changes to the scope of work allowed by this Agreement prior to the start of any work within STATE's right of way
6.2. CITY/COUNTY shall ensure that LANDSCAPED areas designated on Exhibit “A” are provided with adequate scheduled routine MAINTENANCE necessary to MAINTAIN a neat and attractive appearance including providing for water, and fertilizer necessary to sustain healthy plant growth during the entire life of this Agreement.
6.2.1. To prune shrubs, tree plantings, and trees to control extraneous growth and ensure STATE standard lines of sight to signs and corner sight distances are always maintained for the safety of the public.
6.2.2. To replace unhealthy or dead plantings when observed or within 30 days when notified in writing by STATE that plant replacement is required.
6.2.3. To expeditiously MAINTAIN, replace, repair or remove from service any components of LANDSCAPING system that has become unsafe or unsightly.
6.3. To furnish electricity for irrigation system controls, and lighting system controls for all street lighting systems installed by CITY/COUNTY.
6.4. To MAINTAIN, repair and operate the irrigation systems in a manner that prevents water from flooding or spraying onto STATE highway, spraying parked and moving automobiles, spraying pedestrians on public sidewalks/bike paths, or leaving surface water that becomes a hazard to vehicular or pedestrian/bicyclist travel.
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3 6.5. To control weeds at a level acceptable to the STATE. Any weed control performed by chemical weed sprays (herbicides) shall comply with all laws, rules, and regulations established by the California Department of Food and Agriculture. All chemical spray operations shall be reported quarterly (Form LA17) to the STATE to: District___ Maintenance at4 ____________.
6.6. CITY/COUNTY shall ensure LANDSCAPING within the Agreement limits provide an acceptable walking and riding surface, and will provide for the repair and removal of dirt, debris, graffiti, weeds, and any deleterious item or material on or about the LANDSCAPING in an expeditious manner.
6.7. To MAINTAIN all parking or use restrictions signs encompassed within the area of the LANDSCAPING.
6.8. To remove LANDSCAPING and appurtenances and restore STATE owned areas to a safe and attractive condition acceptable to STATE in the event this Agreement is terminated as set forth herein.
7. STATE may provide CITY/COUNTY with timely written notice of unsatisfactory conditions that require correction by the CITY/COUNTY. However, the non-receipt of notice does not excuse CITY/COUNTY from maintenance responsibilities assumed under this Agreement.
8. STATE shall Issue encroachment permits to CITY/COUNTY at no cost to it.
9. LEGAL RELATIONS AND RESPONSIBILITIES:
9.1.Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not party to this Agreement, or affect the legal liability of either PARTY to this Agreement by imposing any standard of care respecting the design, construction and maintenance of these STATE highway improvements or CITY/COUNTY facilities different from the standard of care imposed by law.
9.2. If during the term of this Agreement, CITY/COUNTY should cease to MAINTAIN the LANDSCAPING to the satisfaction of STATE as provided by this Agreement, STATE may either undertake to perform that MAINTENANCE on behalf of CITY/COUNTY at CITY/COUNTY’s expense or direct CITY/COUNTY to remove or itself remove LANDSCAPING at CITY/COUNTY’s sole expense and restore STATE’s right of way to its prior or a safe operable condition. CITY/COUNTY
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4 hereby agrees to pay said STATE expenses, within thirty (30) days of receipt of billing by STATE. However, prior to STATE performing any MAINTENANCE or removing LANDSCAPING, STATE will provide written notice to CITY/COUNTY to cure the default and CITY/COUNTY will have thirty (30) days within which to affect that cure.
9.3.Neither CITY/COUNTY nor any officer or employee thereof is responsible for any injury, 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 arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY/COUNTY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement with the exception of those actions of STATE necessary to cure a noticed default on the part of CITY/COUNTY.
9.4.Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY/COUNTY under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that CITY/COUNTY shall fully 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 forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY/COUNTY under this Agreement.
9.5.PREVAILING WAGES:
9.5.1. Labor Code Compliance- If the work performed under this Agreement is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY/COUNTY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY/COUNTY agrees to include prevailing wage requirements in its contracts for public works. Work performed by CITY/COUNTY'S own forces is exempt from the Labor Code's Prevailing Wage requirements.
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5 9.5.2.Requirements in Subcontracts - CITY/COUNTY shall require its contractors to include prevailing wage requirements in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY/COUNTY's contracts.
10.INSURANCE5 - CITY/COUNTY and its contractors shall maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement.
10.1. SELF-INSURED6 - CITY/COUNTY is self-insured. CITY/COUNTY agrees to deliver evidence of self-insured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certification of selfinsurance letter (“Letter of Self-Insurance”), satisfactory to STATE, certifying that CITY/COUNTY meets the coverage requirements of this section. This Letter of Self-Insurance shall also identify the _____________ location as depicted in EXHIBIT A. CITY/COUNTY shall deliver to STATE the Letter of SelfInsurance with a signed copy of this AGREEMENT. A copy of the executed Letter of Self-Insurance shall be attached hereto and incorporate as Exhibit B.
10.2. SELF-INSURED7 using Contractor - If the work performed under this AGREEMENT is done by CITY/COUNTY‘s contractor(s), CITY/COUNTY shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess.
Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement.
5 Delete if self-insured
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7 Delete if not self-insured
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6 11. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES, and CITY/COUNTY’s failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE.
12. TERM OF AGREEMENT -This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause.
PARTIES are empowered by Streets and Highways Code Section 114 & 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.
IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written.
THE CITY/COUNTY OF STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By: __________________________
Mayor/Chairmen
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7 Initiated and Approved
By: ___________________________
City/County Manager
By: ___________________________
Deputy District Director
Maintenance District
ATTEST:
By: __________________________
City/County Clerk
By: __________________________
City/County Attorney
EXHIBIT A
1 (Plan map identifying the applicable STATE Routes (Freeway proper) and CITY/COUNTY road(s) and facilities)
EXHIBIT B – LETTER OF CERTIFICATE OF CITY/COUNTY___________ STATEMENT
OF SELF INSURANCE
1 Insert (CT District) addressee information _______20__ ATTN: (name of CT representative)
City/County ______________
Department of Finance
RE: Statement of Self Insurance for ____________ Related to ______________ Maintenance Agreement with State of California Department of Transportation (“STATE”) for the ________________ along Highway __________at ____________________
Dear __________
The purpose of this letter is to certify that the CITY/COUNTY is self-insured and selffunded covering third-party claims arising out of its general operations (for example, commercial general liability and automobile liability insurance). Further the CITY/COUNTY is self-insured covering workers’ compensation claims and has received the consent of the State Department of Industrial Relations to do so.
Each fiscal year, as a part of its budgetary process, the CITY/COUNTY appropriates funds specifically to satisfy valid third-party claims and workers’ compensation claims, which may be brought against the CITY/COUNTY.
The CITY/COUNTY certifies its self-insured, general liability coverage for bodily injury liability and property damage liability, meets the required coverage amounts in section 10.1 (INSURANCE) of the Maintenance Agreement, specifically general liability insurance, coverage of bodily injury liability and property damage liability in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. The CITY/COUNTY further represents that regarding any claims made in connection with the Maintenance Agreement by the STATE, the STATE will be first-in-line regarding the reserved, self-insured amounts.
If you need any additional information regarding this letter, please direct those inquires through my office.
Sincerely,
FINANCE MANAGER
EXHIBIT C
1 TRAFFIC SIGNAL AND LIGHTING
Caltrans and CITY/COUNTY of__________________
Effective ____________, 20____
BASIS OF COST DISTRIBUTION
State-Owned and Maintained
Billed by the State
Route and
PM
Location Type of
Facility
Cost Distribution
State CITY/COUNTY
Utility-Owned and Maintained
Billed by the State
Route and
PM
Location Type of
Facility
Cost Distribution
State CITY/COUNTY
EXHIBIT D
1 (Individual maintenance items that are not provided for in the body of the Agreement.)