HomeMy WebLinkAboutResolution 2023-047 N.C.S. 04/17/2023 DocuSign Envelope ID:E7C5BE40-1298-4B83-8B36-B9EC23089D27
Resolution No. 2023-047 N.C.S.
of the City of Petaluma, California
AUTHORIZING THE CITY MANAGER TO EXECUTE A LANDSCAPE MAINTENANCE AGREEMENT
WITH THE STATE OF CALIFORNIA,ACTING BY AND THROUGH THE DEPARTMENT OF
TRANSPORATION FOR THE AREA BETWEEN HIGHWAY 101 AND SAPPHIRE STREET AS PART
OF THE STERLING HILLS AT QUARRY HEIGHTS SUBDIVISION
WHEREAS, on September 11, 2008, the Site Plan and Architectural Review Committee (SPARC), now
named the Planning Commission, approved the Sterling Hills at Quarry Heights Subdivision (Quarry Heights
Subdivision) landscape and maintenance plan as part of the projects Site Plan and Architectural Review (SPAR)
permit; and
WHEREAS,part of the approved landscaping plan was on the Caltrans right of way between Sapphire Street
and Highway 101,better shown in Exhibit A attached hereto; and
WHEREAS, as part of the September 11,2008, Site Plan and Architectural Review approval, the Developer
is conditioned to require the Subdivision's HOA to maintain the landscaping improvements for perpetuity; and
WHEREAS, the State of California, through the Department of Transportation requires a resolution that
authorizes the City Manager to enter into the attached Landscape and Maintenance Agreement, Exhibit A; and
WHEREAS, the proposed resolution will allow the City Manager to execute the attached Landscape
Maintenance Agreement with the State; and
WHEREAS, the proposed resolution will allow the developer to start installation and maintenance of the
approved landscape plans to satisfy the September 11, 2008, SPAR permit conditions; and
WHEREAS,the City has entered into an agreement with the developers of the Quarry Heights Subdivision,
attachment 2 the concurrent staff report, that assigns its responsibilities and obligations under the proposed
agreement with the State to the developers of the Quarry Heights Subdivision; and
WHEREAS, the execution of the landscaping maintenance agreements to allow installation of approved
landscaping was already analyzed in the Mitigated Negative Declaration that City Council adopted on
February 15, 2005.
NOW, THEREFORE, BE IT RESOLVED,by the City Council of the City of Petaluma as follows:
1. Finds the above recitals to be true and correct and are incorporated herein as findings of this Resolution.
2. Finds that the execution of the landscaping maintenance agreements to allow installation of approved
landscaping plans was already analyzed in the Mitigated Negative Declaration that City Council adopted on
February 15, 2005.
3. Authorizes the City Manager to execute all documents necessary to complete the Landscaping and
Maintenance Agreement attached hereto as Exhibit A.
Resolution No. 2023-047 N.C.S. Page 1
DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a Regular meeting on the 171 day of April 2023, Docusigned ftim:
by the following vote:
ity orney
AYES: Mayor McDonnell,Barnacle,Vice Mayor Cader Thompson,Healy,Nan,Pocekay,
Shribbs
NOES: None
ABSENT: None
ABSTAIN: Nor�ocusigned by: DocuSigned by:
ATTEST: elm "la, hl 06
Ciry er fb
tayor2
Resolution No. 2023-047 N.C.S. Page 2
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LANDSCAPE MAINTENANCE AGREEMENT
WITH THE CITY OF PETALUMA
THIS AGREEMENT is made effective this day of 2022, by and between
the State of California, acting by and through the Department of Transportation,
hereinafter referred to as "STATE" and the City of Petaluma, a California charter city;
hereinafter referred to as "CITY" and collectively referred to as "PARTIES".
1 . The PARTIES hereto mutually desire to identify the maintenance responsibilities of
CITY for newly constructed or revised improvements within STATE's right of way
Encroachment Permit Number 0419-6LF-2744.
2. This Agreement addresses CITY responsibility for maintenance of the landscaping,
planting and irrigation systems placed within State Highwayright of way on State
Route 101, as shown on Exhibit A, attached to and made a part of this Agreement
(collectively the "LANDSCAPING").
3. The maintenance responsibilities for the LANDSCAPING includes, but is not limited
to, inspection, providing emergency repair, replacement, and maintenance, of
the LANDSCAPING (collectively hereinafter "MAINTAIN/MAINTENANCE") as shown
on said Exhibit "A".
4. The degree or extent of the MAINTENANCE 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
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 agrees, at CITY expense, to do the following:
6.1 .CITY may install, or contract, authorizing a licensed contractor with
appropriate class of license in the State of California, to install and thereafter
will MAINTAIN LANDSCAPING conforming to those plans and specifications
(PS&E) pre-approved by STATE.
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6.2.CITY will submit the final form of the PS&E, prepared, stamped and signed by
a licensed landscape architect, for LANDSCAPING to STATE's District Permit
Engineer for review and approval and will obtain and have in place a valid
necessary encroachment permit prior to the start of any work within STATE'S
right of way. All proposed LANDSCAPING must meet STATE's applicable
standards.
6.2.1 .CITY contractors will be required to obtain an Encroachment Permit prior
to the start of any work within STATE's right of way.
6.2.2.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
6.3.CITY 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,
except during drought emergencies declared by the State of California or
CITY, and fertilizer necessary to sustain healthy plant growth during the entire
life ofthis Agreement.
6.3.1 .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.
6.3.2.To replace unhealthy or dead plantings when observed or within 30 days
when notified in writing by STATE that plant replacement is required.
6.3.3.To expeditiously MAINTAIN, replace, repair or remove from service any
LANDSCAPING system component that has become unsafe or unsightly.
6.4.To furnish electricity for irrigation system controls, and lighting system controls
for all street lighting systems installed by CITY.
6.5.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.
6.6.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: District4 Maintenance Landscape Specialist. This report
must include Date, Time, Herbicide, Rate, and Quantity.
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6.7.CITY 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.
6.8.To MAINTAIN all parking or use restrictions signs encompassed within the area
of the LANDSCAPING.
6.9.To remove LANDSCAPING and appurtenances and restore STATE ownedareas
to a safe and attractive condition acceptable to STATE in the event this
Agreement is terminated as set forth herein.
6.10. To not enter the roadbed of State Route 101 during maintenance of
LANDSCAPING, nor shall CITY enter or leave LANDSCAPING via the roadbed
of the State Route 101, except as may be provided for in a separate
encroachment permit obtained from STATE.
7. STATE may provide CITY with timely written notice of unsatisfactory conditions that
require correction by the CITY. However, the non-receipt of notice does not
excuse CITY from maintenance responsibilities assumed under this Agreement.
8. STATE shall Issue encroachment permits to CITY and CITY contractors at no cost to
them.
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 facilities different from the standard of care
imposed by law.
9.2.If during the term of this Agreement, CITY 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
at CITY's expense or direct CITY to remove or itself remove LANDSCAPING at
CITY's sole expense and restore STATE's right of way to its prior or a safe
operable condition. CITY 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 to cure the default and CITY will have thirty (30) days within
which to affect that cure.
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9.3. Neither CITY 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 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.
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 under or in connection with any work, authority or jurisdiction
arising under this Agreement. It is understood and agreed that CITY 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 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 LaborCode
section 1771 . CITY 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 agrees to include prevailing wage requirements in its contracts for
public works. Work performed by CITY'S own forces is exempt from the
Labor Code's Prevailing Wage requirements.
9.5.2. Requirements in Subcontracts - CITY 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's contracts.
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10.INSURANCE :
10.1 . SELF-INSURED - CITY is self-insured. CITY 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 self-insurance letter ("Letter of Self-
Insurance"), satisfactory to STATE, certifying that CITY meets the coverage
requirements of this section. This Letter of Self-Insurance shall also identify the
LANDSCAPING location as depicted in EXHIBIT A. CITY shall deliver to STATE
the Letter of Self-Insurance 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-INSURED using Contractor - If the work performed under this
AGREEMENT is done by CITY`s contractor(s), CITY 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.
11 .TERMINATION - This Agreement may be terminated by timely mutual written
consent by PARTIES, and CITY'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 Sections 114 & 130 to enter
intothis Agreement and have delegated to the undersigned the authority to execute
this
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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 OF PETALUMA STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By: By:
CITY Manager LEAH BUDU Date
Deputy District Director
Maintenance District 4
ATTEST:
By:
CITY Clerk
Approved as to form:
By:
CITY Attorney
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EXHIBIT "A"
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AGREEMENT FOR LANDSCAPE MAINTENANCE WITH THE CITY OF PETALUMA SHEET:
QUAD R G A OF 2
SON-101 POST MILES 2.96/3.08 707.546.3561ww.. -d,i,.i.9 ;�
5 AC RA ME NTO SA NTA ROSA
]0].546.3561 w w.quad riga —,—
DATE: 1/10/2020
DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27
EXHIBIT "A'
` SUBDIVISION BOUNDARY/CALTRANS
` RIGHT OF WAY DELINEATION
o,
\ MAINTAINED BY CITY
LANDSCAPE
\ti MAINTAINED BY CITY
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LP
s V�� ��� SUBDIVISION BOUNDARY/CALTRANS
RIGHT OF WAY DELINEATION
' a
AGREEMENT FOR LANDSCAPE MAINTENANCE WITH THE CITY OF PETALUMA SHEET:
QUAD R G A 2 O F 2
SON-101 POST MILES 2.96/3.08 707.546.a561 �e d,i,.i9
5 AC RA ME NTO SA NTA ROSA
]0].546.3561 w w.quad riga —,—
DATE: 1/10/2020
DocuSign Envelope ID: E7C5BE40-1298-4B83-8B36-B9EC23089D27
CITY OF PETALUMA
POST OFFICE BOX 61
8 5$ PETALUMA,CA 94953-0061
Teresa Barrett
Mayor Department of Transportation October 11, 2022
PO Box 23660 MS4A
Brian Barnacle
D'Lynda Fischer Oakland, CA 92623
Mike Healy ATTN: Waddah Al- Zireeni
Dave King
Kevin McDonnell
Dennismemkay
Councilmem Re: Statement of Self-Insurance for City of Petaluma for Landscape Maintenance Agreement
be
with California Department of Transportation for the landscaping along Highway 101 at
Post Mile 2.96/3.08
Dear Mr. AI-Zireeni:
This letter certifies that the City of Petaluma (CITY) is self-insured and self-funded covering
third-party claims arising out of its general operations (i.e.; commercial general liability and
automobile liability insurance). Further, the CITY 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 appropriates funds specifically to
satisfy valid third-party claims and workers' compensation claims, which may be brought
against the CITY.
The CITY certifies its self-insured, general liability coverage for bodily injury and property
damage liability, meets the required coverage amounts in section 10 (Insurance) of the
Landscape Maintenance Agreement, specifically general liability insurance, coverage of bodily
injury and property damage liability in an amount of$1 million per occurrence and $2 million in
aggregate and $5 million in excess.
If you need any additional information regarding this letter, please direct those inquiries
through my office.
Sincerely,
Human Resources
11 English street Erika Leahy
Petaluma, CA 94952
Risk Manager
Phone(707)778-4534
Fax(707)927-1911
E-Mail:
humanresources@
cityofpetaluma.org
Risk Management Division
Phone(707)776-3780
Fax(707)206-6035