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HomeMy WebLinkAbout2001-04-24 - AGENDA REPORTS - LMD AGREEMENT RIGHT OF WAY (2)CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR DATE: April 24, 2001 City Manager Item to be presented SUBJECT: AGREEMENTS FOR MAINTAINING LANDSCAPE MAINTENANCE DISTRICT AREAS WITHIN CALTRANS RIGHT-OF-WAYS DEPARTMENT: Parks, Recreation, and Community Services RECOMMENDED ACTION City Council approve and authorize the City Manager to execute agreements with Caltrans, Valencia Company, and Jenna Group, subject to City Attorney approval. BACKGROUND Any landscaped areas within a Caltrans right-of-way require a City endorsed maintenance agreement to ensure proper maintenance of the area. The Valencia Company will be installing landscaped medians and parkways adjacent to its projects along Magic Mountain Parkway, from McBean to Interstate 5. The Jenna Group has recently installed medians on Sierra Highway at Friendly Valley. The City's Landscape Maintenance District administrator is working with Valencia Company on installing improvements to Lyons Avenue at Interstate 5. These portions of Magic Mountain Parkway, Sierra Highway, and Lyons Avenue are under Caltrans jurisdiction. These projects fall within City Landscape Maintenance Districts T-1, 8 and T-1, respectively, and are proposed to be accepted by the City upon completion of all LMD requirements. The Valencia Company and Jenna Group shall assume responsibility for the installation and maintenance of the landscaping per Caltrans requirements until such time LMD requirements are met and the City accepts these areas for maintenance. ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT None App�OOM Agenda Item: ATTACHMENTS Vicinity Map for Magic Mountain Parkway at McBean Parkway Vicinity Map for Sierra Highway at Friendly Valley Vicinity Map for Lyons Avenue at Interstate 5 Maintenance Agreement for Magic Mountain Parkway at McBean Parkway Maintenance Agreement for Sierra Highway at Friendly Valley Maintenance Agreement for Lyons Avenue at Interstate 5 NED:Itk pr\council\n Utle\CALTRANE.da PE Exhibit A CALTRANS Permit 700 6L3-2255 VICINITY MAP Proposed maintenance areas may include: Medians in Magic Mountain Parkway West of McBean Medians in McBean North of Magic Mountain Parkway Parkway areas upon establishment of funding for maintenance Page 1 CALTRANS PERMIT 799-6LC-2923 EXHIBIT "A" Maintained area includes median landscaping and tree wells on the south side of Sierra Highway In FRIENDLY VALLEY PARKWAY I F F O c z o: ry J t� a, W ti Up Q'ry b Q aA.P.N. ^ 2842-006-022 aCO2842-006-020 q p N Landscape easement area to be improved with landscaping and �Q / 4 irrigation. All lots within the district �¢ boundary will be assessed for the • N wa landscape maintenance, servicing ti and all incidentals. -Boundary Boundary of Proposed Annexation as Zone No. 8 into City LMD No. 1 ®Landscape easement area to be improved with landscaping and irrigation. All lots within the district boundary will be assessed for the landscape maintenance, servicing and all incidentals. Zone No. 8 City Landscape Maintenance District No. 1 Location Map - Tract 52354 9/17/98 2:14 PM NTS Exhibit A CALTRANS Permit LYONS AVENUE I -s FWy VICINITY Unocal MAP PROPOSED CARE FACILITY LYONS AVEl`iUE Burger IN OUT � l IN OUT King Chevron Texaco -----J L --- Shopping Center Proposed project for landscape installation may include: Landscaping in the hatched areas Monument wall on the Corner NOTE: Turning and traffic patterns will NOT be altered by the landscape projects Proposed median landscaping will be installed in painted median area Landscaping will be installed in areas where no traffic is currently allowed Page 1 MAINTENANCE AGREEMENT Permittee: Valencia Company Permit No.: 700-6L3-2255 (conjunction with 796-6MC-1258 and 797-6MC-2354) Location: 07 -LA -126 — Magic Mountain Parkway 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, 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 (562) 795-7084. 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 appurtenances. 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. 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 contacts, shall be provided to the State Permit Inspector. Page 2 Maintenance Agreement Permit No. 700-663-2255 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 runoff 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 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 Caltrans' 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 Page 3 Maintenance Agreement Permit No. 700-663-2255 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. IN WITNESS WHEREOF, the parties have executed this Maintenance Agreement in duplicate as of the day and year stated above. PERMITTEE: CALTRANS By: Title: Date: Phone:' FOR CITY OF SANTA CLARITA: Attest: Sharon Dawson, City Clerk Date: Approved as to form: BURKE, WILLIAMS & SORENSEN Un Carl K. Newton, City Attorney Date: By: Title: Date: Phone.' By: George A. Caravalho, City Manager Date: Pr\dlsM"\&r \Maim¢ ceAgr =nt.dm MAINTENANCE AGREEMENT Permittee: Jenna Group Permit No.: 799-6LC-2923 Location: Sierra Highway and Friendly Valley 1. This permit, by and between the State of California, acting by, and through the Department of Transportation, hereinafter referred to as "Caltrans," and Jenna Group, hereinafter referred to as "Permittee," and the Areawide Landscape and Lighting District No. 1, Zone 8, administered by the City of Santa Clarita, hereinafter referred to as "City." 2. Permittee desires State highway improvements consisting of medians, landscaping and automatic irrigation system, on Sierra Highway at Friendly Valley, 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 (562) 795-7084. 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 appurtenances. 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. 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 contacts, shall be provided to the State Permit Inspector. Page 2 Maintenance Agreement Permit No. 799-6LC-2923 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 runoff 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 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 Caltrans' 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 Page 3 Maintenance Agreement Permit No. 799-6LC-2923 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. IN WITNESS WHEREOF, the parties have executed this Maintenance Agreement in duplicate as of the day and year stated above. PERMITTEE: By: Title: Date: Phone: FOR CITY OF SANTA CLARITA: Attest: Sharon Dawson, City Clerk Date: Approved as to form: BURKE, WILLIAMS & SORENSEN am Carl K. Newton, City Attorney Date: CALTRANS By: Title: Date: Phone: By: George A. Caravalho, City Manager Date: Pr \ disWd \ forme \ MeintennnceAgreementfv. do MAINTENANCE AGREEMENT Permittee: The City of Santa Clarita Permit No.: Location: Lyons Avenue at Interstate 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 the City of Santa Clarita, hereinafter referred to as "Permittee," and the Areawide Landscape and Lighting District No.T1, administered by the City of Santa Clarita, hereinafter referred to as "City." 2. Permittee desires State highway improvements consisting of medians, landscaping and automatic irrigation system, on Lyons Avenue at Interstate 5, 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 (562) 795-7084. 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 appurtenances. 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. 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 contacts, shall be provided to the State Permit Inspector. Page 2 Maintenance Agreement Permit No. 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 runoff or spray onto the pavement. 10. Landscaping, paving or other implanted 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 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 Caltrans' 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 Page 3 Maintenance Agreement Permit No. 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. IN WITNESS WHEREOF, the parties have executed this Maintenance Agreement in duplicate as of the day and year stated above. PERMITTEE: CALTRANS By: By: Title: Title: Date: Date: Phone: Phone: FOR CITY OF SANTA CLARITA: Attest: By: ws Sharon Daon, City Clerk George A. Caravalho, City Manager Date: Date: Approved as to form: BURKE, WILLIAMS & SORENSEN 91 Carl K. Newton, City Attorney Date: Pr\district\forme\ MeintenenceAgreementlyons.do