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Home My WebLink AboutReso 96-179 - Approve Entering into an agreement with Caltrans for Maintenance within State Highway Right-of-Way (State Rt 273) ' ' + � • RESOLUTION NO. 96-�� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING ENTERING INTO AN AGREEMENT WITH CALTRANS FOR MAINTENANCE WITHIN STATE HIGHWAY RIGHT-OF-WAY (STATE ROUTE 273). I'T IS HEREBY RESOLVED that the City Council of the City of Redding approves entering into an Agreement for Maintenance Within State Highway Right-of-Way (State Route 273) between the State of California, acting by and through its Department of Transportation, and the City of Redding, a true copy of which is attached hereto and made a part hereof. BE IT FURTHER RESOLVED that the Mayor is authorized to sign the agreement on behalf of the City, and the City Clerk is directed to attest his signature and impress the official seal of the City of Redding. I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at a regular meeting of the City Council on the 17th day of September, 1996, by the following vote: AYES: COUNCIL MEMBERS: P. Anderson, R. Anderson, Kehoe, Murray and McGeorge NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCII. MEMBERS: None � l � � DAVID . McGEOI� , M or `� � ��iest: Form Approved: � \ � , , ��/✓r�1 ,�� - .�� c�onnie �trohmayer, City lerk W. Leonard Wingat , ity Attorney ; ; • • AGREEMENT FOR MAINTENANCE WITHIN STATE HIGHWAY RIGHT OF WAY (STATE ROUTE 273) THIS AGREEMENT, made and executed this_day of 19_, by and between the State of California,acting by and through the Department of Transportation, hereinafter referred to as"STATE"and the City of Redding,hereinafter referred to as "CITY." WITNESSETH: A. RECTTAIS: The parties desire to provide for the CTTY to install and maintain landscaping and itrigation - systems and to maintain the face of a retaining wall that is within State highway right of way on State Route 273 as shown on Exhibits "A"and"B". B. AGREEMENT: In consideration of the mutual covenants and promises herein contained,the CITY agrees as follows: 1. CI'TY may install landscaping and irrigation systems in the area shown in red on Exhibit"A". , 2. CITY will submit plans for irrigation systems to the STATE for review and incorporation into a STATE conshuction project according to established delivery dates of said project. 3. CITY will submit plans for landscaping to the State's Northern Region Landscape Architect for review and approval and obtain the necessary encroachment permits prior to the start of any work within State right of way. 4. In addition to installing landscaping and irngation systems,the CITY agrees: a. To furnish water and fertilizer necessary to sustain healthy growth. b. To replace unhealthy or dead plantings as they are observed. c. To keep entire area free of litter and deleterious material. d. To prune shrubs and tree plantings in a manner consistent to controlling extraneous growth. e. To maintain at no cost to STATE and operate itrigation systems in a manner that prevents water from flooding onto State highway. f. To control weeds at a level acceptable to STATE. Any weed control performed by chemical weed sprays(pesticides)shall comply with . � • AGREEME�OR MAINTENANCE ' WITHIN 5TATE HIGHWAY RIGHT OF WAY all laws, cules and regulations established by the California Department of Food and Agriculture. g. To allow random inspection by a STATE representative. h. If for any reason CITY is unable to maintain area in a manner satisfactory to STATE, and receives sufficient prior written notice of unsatisfactory conditions,CITY will reimburse STATE, on presentation of a bill,for all reasonable costs incurred by STATE forces or contractor for maintaining and/or repairing landscaping and irrigation system. i. To remove landscaping and restore areas to a condition acceptable to STATE in the event this Agreement is terminated under the terms set forth in Section"D". - 5. Retaining Wall: a. CTTY will obtain the necessary encroachment permits prior to the start of any work within State right of way. These permits will be issued at no cost to the CITY. b. CTTY will maintain,at no cost to STATE, the face of the retaining wall located along South City Pazk as shown on Exhibit"B". Maintenance shall include, but not limited to the following: graffiti removal,keeping area free of litter and deleterious material, and controlling weeds. Any weed control performed by chemical weed sprays (pesticides) shall comply with all laws, rules and regulations established by the California Department of Food and Agriculture. c. The STATE agrees to maintain the structural integrity of the retaining wall. C. LEGAL RELATIONS AND RESPONSIBILITIES: Nothing in the provisions of this Agreement is intended to create duties or obligation 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 respecting the maintenance of State highways different from the standard of caze imposed by law. 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 the CITY under or in connection with any work performed by the CI'TY under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, CI'TY shall defend, indemnify and save harmless the STATE, all officers and employees 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 property resulting from anything done or omitted to be done by the CITY under and in connection with any work performed by the CITY under this Agreement. 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 the STATE under or in connection with any work performed by the STATE under this Agreement. It is also understood and agreed that, pursuant to Government Code _.... ,._.,,...:_.. ..,.,..._ ... ..:>.;, .�. .. . .... ..._ ... ,... .. 2 .. ...._...... . .. � ;... _ , . , • AGREEME�FOR MAINTENANCE � WITHIN STATE HIGHWAY RIGHT OF WAY Section 895.4, STATE shall defend, indemnify and save harmless the CITY, all officers and employees 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 property resulting from anything done or omitted to be done by the STATE under and in connection with any work performed by the STATE under this Agreement. The CITY waives any and all rights to any type of express and implied indemnity against the STATE, its officers and employees arising from any work performed by the CITY under this Agreement. D. TERM OF AGREEMENT: THIS AGREEMENT shall become effective on , and shall remain in full force and effect until amended or terminated. This Agreement may be amended or terminated at any time upon mutual consent of the parties thereto. This Agreement may also be terminated by either party upon thirty(30)days notice to the other � party. Failure to comply with provisions set forth in Section "B" would be grounds for Notice of Termination by the State. IN WITNESS WHEREOF, the parties hereto have set their hands and seais the day and year first above written. STATE OF CALIFORNIA CITY OF REDDING DEPARTMENT OF TRANSPORTATION JAMES W. van LOBEN SELS By: DIRECTOROFTRANSPORTATION DAVID McGEORGE Mayor By: E. F. POCH District Director,District 2 Approved as to form: City Counsel , .. .. ...: _..._ _ . ....... ...: . . -... .. :... ..... ... 3 . . : � i . �. A M a,-�r-+ L�,.�E ..��,(; ;� _..... A �_, s� ._ _.. � ..... ±,��cP' �� .��._ _ � ` �:� �Q9 . � S '' �'c�� . f :.. � .�w�.�. 1 1 I '`.Y.. �\ ' . ! I, `� ..".!L�' �I ...`/ 1 � ' r , - , . , ____ ; . � .;... i ��,m ;' _ e.. ,,., � �' � o , , : � �� , ,� ',�.�- � Q.��.... 1 1 V / ��. /O ^ �.�a... ! ` . 'ti•,�.��,� � ... ' -a-___ _...::' 'Q� �::;. 'N 1, a ^ N Q S� ¢ `/�" ��v � _.._ - � �`?.._. � � !. --_ _._, Ev�iS Sr. � � ....... � '- �».--- d , � �_..__ � �.�... - j -.�.o, �. i Sc,trrESZ Sr � �..._. t ,�_ f � ...._. _. ... I � , ...._. a. � __.._�, Fe� Sr. u! �+r-.o.2y S1'. - _�-�..... " �:.:. ....... ___ .� _ � �_.__ �_e., � I 0 A �! Nlarci-+ Lir.�� r-.—..�.• EXHIB IT A AREA OF Agreement for Maintenance LANDSCI�PING E�ND within State Highway 273 Right of Way IRRIGATION SYSTEMS � � � � . �� . . . .. . :.. ..'.._ .....�.. . �C�lwtllrtf • � 3.�4 \ . ��' _.. 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P�` � �l'/ - 262'66. ��' .-,� ,I,i '��-, TOg : i!i P � \ '� �:� ;��Z9po6 O iini ei � ---- - h ,/ 'h / / M.� l.:l l.l e�/ ; ; 1 5 ':_ . � ' ;�i � APPROX. E I ST I NG R/W . a / � �� / I! / Ir w % /; . I l.• . ' Jc' n � / (f�r h\ y . � pC' I�• VO= . ♦/' .sr; 20 ; � •u. 2 � r � o � /�L � �.� a` y? ' �I`) \`� , o� �° I -�0�J. �0 , ��„� e� 1 � OG. Ok.�*20. OK?� '10. OK�+60. 0 ,' aW ; n � h / ! b � "' ; �GiN CETaiNINC� IJALL W / ! / � . o� � AIfAH1 III,11. 11 -..-- --"�� 261�62.6fi5 111 � ^>" o SB.5�6 ftl „ o � _- i' _ \ ' � ,� y \ ; ry ' • � . ,TE►WORARY CONSTRl1CTI0N EA5IAENT 2� - /' _ 261�25.783 t41 ' . : �� 61.619 R1 , '�_'_" i g '�: EXHIBIT B LOCATION Agreement for Maintenance OF' within State Highway 273 Right of Way RETAINING WALL