HomeMy WebLinkAbout1998-01-27 - AGENDA REPORTS - AGMT CALTRANS LMD (2)AGENDA REPORT
City Manager Approval
Item to be presented by:
John Danielson
CONSENT CALENDAR
DATE: January 27, 1998
SUBJECT: AGREEMENTS WITH CALTRANS FOR MAINTAINING LANDSCAPE
MAINTENANCE DISTRICT AREAS WITHIN CALTRANS RIGHT-OF-WAY
DEPARTMENT: Parks, Recreation, and Community Services
RECOMMENDED ACTION
City Council approve and authorize the City Manager to. execute agreements with Caltrans and
Valencia Company subject to City Attorney approval.
BACKGROUND
The Valencia Company has proposed the beautification to the area adjacent to the Northbound
off ramp at Magic Mountain Parkway. The Valencia Company considers this to be an important
visual corridor to the City, and has offered to landscape the area at its expense. The area in
question is primarily within a Caltrans right-of-way and will require a City endorsed maintenance
agreement to ensure proper maintenance of the area.
The project falls within the Valencia Areawide Landscape Maintenance District, and is proposed
to be accepted by the district. The Valencia Company shall assume responsibility for the
installation and maintenance of the landscaping per Caltrans requirements until such time as the
area is accepted for maintenance by the Landscape District.
ALTERNATIVE ACTIONS
Other action as determined by the City Council.
FISCAL IMPACT
None by this action.
Agreement for Permit No. 797-6LF--235 AN
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Permittee: Valencia Company
Permit No: 797-6LF-1675
Location: 07 -LA -005-53.4/53.5
1. This permit by and between the State of California, acting by,
and through the Department of Transportation, hereinafter referred
to as "Caltrans", and Valencia Company hereinafter referred to as
"Permittee", and the area wide Landscape and Lighting District
No. 1 administered by the City of Santa Clarita, hereinafter
referred to.as "City".
2. Permittee desires State highway improvements consisting of
landscaping and stamped concrete work along the northbound Route 5
off -ramp at Route 126 (Magic Mountain Parkway) 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. Permittee is responsible to apply for necessary encroachment
permit(s) in accordance with State's standard permit procedures.
Permittee shall obtain aforesaid encroachment permit through the
Caltrans' District 7, office of Permits at (213) 897-3631. In
addition, and after construction of Project, Permittee shall apply
for a maintenance permit on an annual basis one (1) month prior to
expiration of previous encroachment permit.
a. 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.
5. Damage to Project resulting from accident, storm, neglect or
other causes beyond the control of the State is the responsibility
of the Permittee.
6. Caltrans shall maintain all highway signs, paved drainage
structures and other non -landscape highway appurtenance.
7. All planting shall be maintained by the Permittee in such
condition that it does not interfere with the free flow of traffic,
including maintainingadequate site distances and visibility of
signs. Trees would be maintained to avoid falling branches and to
avoid obscuring advertising signs.
Page 2
Maintenance Agreement
S. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. City's resolution regarding the approval of the terms and
conditions of this permit is required prior to issuing the permit.
15. 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 and City under or
in connection with any work, authority or jurisdiction delegated to
Permittee and City under this Agreement. it is understood and
agreed that, pursuant to Government Code Section 895.4, Permittee
and City shall fully defend, indemnify and save harmless the State
of California and Caltrans, all officers and employees from all
Page 3
Maintenance Agreement
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 and City under or in connection with any work,
authority or jurisdiction delegated to Permittee and City under
this Agreement.
16. 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, City will maintain all Project improvements.
Caltrans shall provide city with written notice of Permittee's
failure to renew its annual permit and/or Caltrans' decision that
subject Permittee is not maintained at a reasonable level. City
shall respond within thirty (30) days of receipt of said notice.
Said response shall describe the action to be taken by City to
bring the affected areas backintocompliance or to remove the
Project improvements and restore said areas to the pre -landscaped
condition. In the event City does not provide such response and
take any action, Caltrans will take the necessary action(s) to
remove the Project and restore the affected areas to their pre -
landscaped condition at City's expense.
Indicate your acceptance of all terms and conditions of this permit
by signing and returning the original to this office.
Permittee: city: Caltrans:
BY:
Title:
Date:
,1Qign19r J
Permittee: Valencia Company
Permit No: 797-6MC-2354 (conjunction with 796-6MC-1258)
Location: 07 -LA -126-R5.828
1. This permit by and between the State of California, acting by,
and through the Department of Transportation, hereinafter -referred
to as "Caltrans", and Valencia.Company hereinafter referred to as
"Permittee", and the Areawide Landscape and Lighting District
No. 1 administered by the City of Santa Clarita hereinafter
referred to as "City".
2. Permittee desires State highway improvements consisting of
meandering sidewalk, and landscaping and automatic irrigation
system, on Route 126 (Magic Mountain Parkway) west of McBean
Parkway 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. Permittee is responsible to apply for necessary encroachment
permit(s) in accordance with State's standard permit procedures.
Permittee shall obtain aforesaid encroachment permit through the
Caltrans' District 7, Office of Permits at (213) 897-3631. In
addition, and after construction of Project, Permittee shall apply
for a maintenance permit on an annual basis one (1) month prior to
expiration of previous encroachment permit.
4. 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.
5. Damage to Project resulting from accident, storm, neglect or
other causes beyond the control of the State is the responsibility
of the Permittee.
6. Caltrans shall maintain all highway signs, paved drainage
structures and other non -landscape highway appurtenance.
7. 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.
Page 2
Maintenance Agreement
797-6MC-2354
8. 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.
9. 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.
10. 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.
11.- 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.
12. 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.
13. 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.
14. City's resolution regarding the approval of the terms and
conditions of this permit is required prior to issuing the permit.
15. 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 and City under or
in connection with any work, authority or jurisdiction delegated to
Permittee and City under this Agreement. It is understood and
agreed that, pursuant to Government Code Section 895.4, Permittee
and City shall fully defend, indemnify and save harmless the State
of California and Caltrans, all
Page 3
Maintenance Agreement
797-6MC-2354
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 and City
under or in connection with any work, authority or jurisdiction
delegated to Permittee and City under this Agreement.
16. 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, City will maintain all Project improvements.
Caltrans shall provide City with written notice of Permittee's
failure to renew its annual permit and/or Caltrans' decision that
subject Permittee is not maintained at a reasonable level. City
shall respond within thirty (30) days of receipt of said notice.
Said response shall describe the action to be taken by City to
bring the affected areas back into compliance or to remove the
Project improvements and restore said areas to the pre -landscaped
condition. In the event City/County does not provide such response
and take any action, Caltrans will take the necessary action(s) to
remove the Project and restore the affected areas to their pre -
landscaped condition at City's expense.
Indicate your acceptance of all terms and conditions of this permit
by signing and returning the original to this office.
Permittee: City: Caltrans:
By:
Title:
Date:
LANDSCAPE MAINTENANCE DISTRICTS
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