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Home My WebLink About1997-06-10 - AGENDA REPORTS - MAGIC MTN PKY LANDSCAPING (2)AGENDA REPORT City Manager Approv: Item to be presented T. Brad Therrien CONSENT CALENDAR DATE: June 10, 1997 SUBJECT: MAGIC MOUNTAIN PARKWAY MEDIAN LANDSCAPING PROJECT NO. 11003 - APPROVAL OF MAINTENANCE AGREEMENT DEPARTMENT: Building and Engineering Services The Magic Mountain Parkway Median Landscaping project will install landscaping, irrigation, and stamped concrete in the existing median on Magic Mountain Parkway between Valencia Boulevard and San Fernando Road. In order to construct this project within the right-of-way ownedandcontrolled by the California Department of Transportation, the City must obtain an encroachment permit from Caltrans. As a condition of issuing this permit, the City must enter into a Maintenance Agreement with Caltrans, in which the City accepts responsibility for ongoing maintenance of the improvements constructed by the project. This agreement is similar to the City's existing agreements regarding the San Fernando Road bridges. The County of Los Angeles Department of Parks and Recreation has confirmed that maintenance of the improvements constructed by this project is included in and will be funded and maintained through the Valencia Areawide One Landscape Maintenance District. ![tx"1 1X51Dl OW MLi)11 Council authorize the City Manager to enter into a Maintenance Agreement with Caltrans, in connection with Permit No. 797-NLC-0175. ATTACHMENT Maintenance Agreement AR:vjj .d1\11W3W'3 Agenda 1 .: r MAINTENANCE AGREEMENT Permittee: City of Santa Clarita Permit No: 797-NLC-0175 Location: 07 -LA -126-7.861 1. This permit by and between the State of California, acting by, and through the Department of Transportation, hereinafter referred to -as "Caltrans", and City of Santa Clarita hereinafter referred to as "Permittee". 2. Permittee desires State highway improvements consisting of landscaping and automatic irrigation system on Route 126 (magic Mountain Parkway) between Valencia Boulevard and San Fernando Road in the City of Santa Clarita, referred to herein as "Project", and is willing to fund one hundred percent (100%) of all design, capital outlay; maintenance and staffing costs. 3. The Project is located within Valencia Area -Wide Landscape and Lighting District No. 1 of the County of Los Angeles, hereinafter referred to as "County District 1." 4. County District No. 1 collects assessments to pay for maintenance of the Project and uses these assessments to maintain the, Project, as indicated in attached Exhibit A, which is incorporated hereinafter by this reference. 5. As a result of County District No. 1, responsibility under paragraph 4 of this agreement, County District No. 1 shall maintain the Project notwithstanding Permittee's execution of this agreement. 6. Upon completion of work, Permittee shall assume maintenance and the expense thereof for Project, at its own expense in perpetuity. Permittee shall notify State Permit Inspector a minimum of two (2) working days prior to the start of any landscape -maintenance work for Project. 7. •Caltrans shall maintain all highway signs, paved drainage structures and other non -landscape highway appurtenance. S. Damage to Project resulting from accident, storm, neglect or other causes beyond the control of the State is the responsibility of the Permittee. Permittee is responsible to apply for necessary encroachment permit(s) in accordance with State's standard permit procedures. Permittee shall obtain aforesaid encroachment permit Maintenance Agreement 797-NLC-0175 Page 2 through the Caltrans' District 7, Office of Permits at (213) 897- 3631. 9. Permittee shall apply for a maintenance permit on an annual basis one (1) month prior to expiration of previous encroachment permit. In the event if Permittee fails to apply for a permit, notice of application for the required annual maintenance shall be sent to the County of Los Angeles, Department of Parks and Recreation, Office. of the. Special Districts Administrator, Attention: Valencia Area -Wide Landscape and Lighting Act, District No. 1, 301 North Baldwin Avenue, Arcadia, CA 91007-2697 10. All planting shall be maintained by the-Permittee..in such condition that it does not interfere with the free flow of traffic, including maintaining adequate site distances and visibility of signs. Trees would be maintained to avoid falling branches and to avoid obscuring advertising signs. 11. A monthly schedule of landscape maintenance stating the dates and approximate times when work is to be performed including names and telephone numbers for 24-hour emergency contact shall be provided to the State Permit Inspector. 12. Permittee shall provide and maintain all water and irrigation systems including utility costs for Project. Irrigation systems will be maintained and operated to avoid slope damage and water run-off or spray onto the pavement. 13. Landscaping, paving or other unplanted areas along the roadside within the limits shown on the attached plans, exclusive of paved drainage facilities, will be maintained so as not to obstruct the flow of water. Caltrans will be responsible for maintaining paved drainage structures. 14. Various future Caltrans projects may be implemented which will require removal and/or modification to all or a portion of Project. Any replacement landscaping including irrigation facilities shall be Permittee's responsibility. Upon completion of work which affects the limits. of maintenance, a revised Exhibit will be prepared and delivered to Caltrans for approval. Exhibit will supersede the original limits shown on the original permit plans. 15. Changes to Project affecting public safety or public convenience, all design and specification changes, and all major changes including removal, pruning, or addition of either planting or irrigation shall be approved by State in advance of performing work. Unless otherwise directed by the State Permit Inspector, changes authorized will require an encroachment permit. Failure to notify Caltrans of such changes shall result in the immediate removal of Project or portions of Project at Permittee's expense. Maintenance Agreement 797-NLC-0175 Page 3 16. Upon completion of all work under this Project, ownership .and title to material, equipment and such appurtenances installed within State's right-of-way will automatically be vested in State. No further agreement will be necessary to transfer ownership. 17. City's resolution regarding the approval of the terms and conditions of this permit is required prior to issuing the permit. 18. Neither Caltrans and 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 Permittee under .or in connection with any work, authority or jurisdiction delegated to Permittee. It is understood and agreed that, pursuant to Government Code Section 895.4, Permittee shall fully defend, indemnify and save harmless the State of California and Caltrans, all officers and employees from all claims, suits or actions of every name, kind, and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by Permittee under or in connection with any work, authority or jurisdiction delegated to Permittee under this agreement. 19. It is understood.that if Permittee at some future date decides not to renew its maintenance permit required herein, or if the planting is not maintained at a reasonable• level subject to Caltran's consent, Caltrans shall provide Permittee and County District No. 1 with written notice of Permittee's failure to renew its annual permit and/or Caltrans' decision that subject landscaping is not maintained at a reasonable level. Permittee shall respond within thirty (30) days of receipt of said notice. Said response shall describe the action to be taken by Permittee to bring the affected areas back into compliance or to remove the landscape improvements and restore said areas to the pre -landscaped condition. In the event Permittee does not provide such response and take any action, Caltrans will take the necessary action(s) to remove the landscaping and restore the affected areas to their pre - landscaped condition at Permittee's expense. Indicate your acceptance of all terms and conditions of this permit by signing and returning the original to this office. Permittee: Caltrans: By: Title: Date: