HomeMy WebLinkAboutCC # 7CITY OF ins
LADE � LSI`IOI�E
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REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT M YATES
CITY MANAGER
DATE: AUGUST 27, 2013
SUBJECT: FREEWAY MAINTENANCE AGREEMENT WITH STATE OF
CALIFORNIA DEPARTMENT OF TRANSPORTATION
(CALTRANS) FOR "LAKE ELSINORE" MONUMENT SIGNS
WITHIN CALTRANS RIGHT OF WAY
Recommendation
1. Adopt Resolution No. 2013- o5$, approving the form of both the
Interstate 15 and State Route 74 Freeway Maintenance Agreement,
authorizing staff to submit the draft Freeway Maintenance Agreements to
Caltrans, and authorizing the Mayor to execute the Interstate 15 and
State Route 74 Freeway Maintenance Agreements in their final form.
Background
On June 26, 2013, City Council adopted Resolution 2013 -31 wherein the capital
improvement project to install "Lake Elsinore" monument signs to the Franklin Street
and Nichols Road overcrossings over Interstate 15 as well as four ground mounted
monument signs was approved. The installation of the signs will require the City to
enter into a maintenance agreement for Interstate 15 and State Route 74 as well as
obtain an Encroachment Permit from Caltrans.
Discussion
City staff is working with Caltrans to obtain the necessary design approvals and
encroachment permits for the installation of the "Lake Elsinore" over crossing and
ground mounted monument signs. While neither the design nor Caltrans' review is
complete, Caltrans advised City staff that a Freeway Maintenance Agreement covering
the maintenance of the overcrossing and ground mounted monument signs is required
AGENDA ITEM NO. 7
Page 1 of 20
Page 2
Draft Freeway Maintenance Agreement
August 27, 2013
Discussion
as a condition of approval for the encroachment permit. Two agreements need to be
approved, one for Interstate 15 and one for State Route 74. The Caltrans process for
the maintenance agreement specifies the use of their standard format and the submittal
of a draft for their review and approval. The attached Draft Freeway Maintenance
Agreements have been modified in Sections I and II to cover the overcrossing and
ground mounted signs. The modifications require the City to maintain, at City expense,
the structural elements of the "Lake Elsinore" ground mounted signs and overcrossing
signs, the portions of the overcrossing to which the design elements are attached,
landscape installed adjacent to the ground mounted signs.
Fiscal Impact
Estimated annual maintenance cost of approximately $5,000 for vandalism repair,
routine repair and routine maintenance.
Prepared by: Rita Thompson
Senior Engineering Technician
Ken Seumalo
Director of Public Works
Approved by: James Riley
Director of Administrative Services
Approved by: Grant M. Yates
City Manager
Attachments: Vicinity Map
Draft 1 -15 Freeway Maintenance Agreement
Draft SR -74 Freeway Maintenance Agreement
Resolution No, 2013 -056
Page 2 of 20
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VICINITY MAP
FREEWAY MAINTENANCE AGREEMENT
"LAKE ELSINORE MONUMENT SIGNS"
FREEWAY OVERCROSSING SIGNAGE
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VICINITY MAP
FREEWAY MAINTENANCE AGREEMENT
"LAKE ELSINORE MONUMENT SIGNS"
GROUND MOUNTED SIGNAGE
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Ground Mounted Signage
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Page 4 of 20
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Page 4 of 20
FREEWAYMAINTENANCE
AGREEMENT
WITH
CITY OF LAKE ELSINORE
THIS AGREEMENT is made effective this day of 2013, by and between
the State of California, acting by and through the Department of Transportation, hereinafter
referred to as "STATE" and the CITY of LAKE ELSINORE; hereinafter referred to as "CITY"
and collectively referred to as "PARTIES ".
SECTION I
RECITALS
WHEREAS, on January 13, 1987 a Freeway Agreement was executed between CITY and
STATE, wherein the PARTIES consented to certain adjustments of the local street and road
system required for the development of that portion of STATE Interstate 15 within the
jurisdictional limits of the CITY of Lake Elsinore as a freeway; and
2. WHEREAS, CITY intends to install " Lake Elsinore" monument signs on the Franklin Street
and Nichols Road overcrossings over Interstate 15 as well as four (3) ground mounted
monument signs with landscaping at the southwest corner of Interstate 15 off ramps at Central
Avenue, Railroad Canyon Road, and Main Street; and
WHEREAS, the PARTIES hereto mutually desire to clarify and revise the division of
maintenance, as defined in section 27 of the California Streets and Highways Code, and their
respective responsibilities as to the "Lake Elsinore" monument signs..
NOW THEREFORE IT IS AGREED:
SECTION II
AGREEMENT
4. CITY agrees to continue their control and maintenance of each of the affected relocated or
reconstructed CITY streets and roads as provided for in the 1987 Freeway Maintenance
Agreement and shown on that plan map attached hereto, marked Exhibit A, and made a part
hereof by this reference.
5. STATE agrees to continue control and maintenance of those portions adopted as a part of
Interstate 15 proper as shown Exhibit A.
6. If there is mutual agreement on the change in the maintenance duties between PARTIES, the
PARTIES can revise Exhibit A by a mutual written execution of Exhibit A.
When another planned future improvement has been constructed and /or a minor revision has
been effected within the limits of the freeway herein described which will affect the PARTIES'
division of maintenance responsibility as described herein, STATE will provide a new dated
and revised Exhibit A which will thereafter supersede the attached original Exhibit A and
become part of this Agreement.
Revised 5/16/13
Page 5 of 20
8/27/13
Interstate 15 —' Lake Elsinore" Monument Signs
8. CITY and STATE agree to accept their then respective operational and maintenance
responsibilities and related associated costs thereof in the event jurisdictional boundaries of
the PARTIES should change and Exhibit A is amended to reflect those changes.
9. CITY must obtain the necessary Encroachment Permits from STATE's District 8
Encroachment Permit Office prior to entering STATE right of way to perform CITY
maintenance responsibilities. This permit will be issued at no cost to CITY.
10. VEHICULAR AND PEDESTRIAN OVERCROSSINGS
10.1. STATE will maintain, at STATE expense, the entire structure of any STATE constructed
vehicular and pedestrian overcrossings of Interstate 15 below the deck surface except as
hereinafter provided.
10.2. CITY will maintain, at CITY expense, the deck and /or surfacing and structural drainage
system (and shall perform such work as may be necessary to ensure an impervious and /or
otherwise suitable surface) and all portions of the structure above the bridge deck,
including, but without limitation, monument signs, structural elements required for
installation and the screening attached thereto, lighting installations, as well as all traffic
service facilities (sidewalks, signs, pavement markings, bridge rails, etc.) that may be
required for the benefit or control of traffic using that overcrossing.
10.3. At such locations as shall be determined by STATE, screening shall be placed on STATE
freeway overpasses on which pedestrians are allowed as directed by section 92.6 of the
Streets and Highways Code. All screens installed under this program will be maintained
by STATE, at STATE expense.
10.4. CITY will request STATE's District Encroachment Permit Engineer to issue the
necessary Encroachment Permit for any proposed monument sign installation on an
Interstate 15 overpass. This permit will be issued at no cost to CITY.
11. VEHICULAR AND PEDESTRIAN UNDERCROSSINGS
11.1. STATE will maintain the structure proper of all STATE - constructed vehicular and
pedestrian undercrossings of STATE freeways while the roadway sections, including the
traveled way, shoulders, curbs, sidewalks, wall surfaces (including eliminating graffiti),
drainage installations, lighting installations and traffic service facilities that may be
required for the benefit or control of traffic using that undercrossing will be maintained
by CITY
11.2. CITY will request STATE's District Encroachment Permit Engineer to issue the
necessary Encroachment Permit for any proposed ground mounted "Lake Elsinore"
monument sign installation and adjacent landscaping in Interstate 15 right of way. This
encroachment permit will be issued at no cost to CITY.
Page 6 of 20
8/27/13
Interstate 15 — "Lake Elsinore" Monument Signs
12. LANDSCAPED AREAS ADJACENT TO CROSSING STRUCTURES - Responsibility for
the maintenance of any plantings or other types of roadside development lying outside of the
fenced right of way area reserved for exclusive freeway use shall lie with CITY and not with
STATE.
12.1 CITY is responsible for maintaining the landscaping adjacent to any ground mounted
"Lake Elsinore" monument sign.
12.2 STATE will issue a long -term Encroachment Permit to CITY providing CITY ready
access to the ground mounted "Lake Elsinore" monument signs and adjacent
landscaping for the purpose of maintenance. CITY shall be responsible for complying
with the conditions of said long -term Encroachment Permit. This permit will be issued
at no cost to CITY.
13. LEGAL RELATIONS AND RESPONSIBILITIES
13.1. Nothing within the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties not PARTIES to this Agreement or to affect the
legal liability of a PARTY to the Agreement by imposing any standard of care with
respect to the operation and maintenance of STATE highways and local facilities
different from the standard of care imposed by law.
13.2. 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 conferred upon STATE arising
under this Agreement. It is understood and agreed that STATE shall fully defend,
indemnify and save harmless CITY and all of their officers and employees from all
claims, suits or actions of every name, kind and description brought forth under,
including, but not limited to, tortuous, 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.
13.3. 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 conferred upon CITY and
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, tortuous, 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.
14. PREVAILING WAGES:
14.1. Labor Code Compliance- If the work performed on this Project is done under contract
and falls within the Labor Code section 1720(a)(1) definition of a "public work" in that
it is construction, alteration, demolition, installation, or repair; or maintenance work
2
Page 7 of 20
8/27/13
Interstate 15 — "Lake Elsinore" Monument Signs
under Labor Code 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 work. Work performed
by CITY'S own forces is exempt from the Labor Code's Prevailing Wage requirements.
14.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing
wage requirements in all subcontracts funded by this Agreement when the work to be
performed by the subcontractor is a "public work" 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
14.3. 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 the STATE, its officers,
agents and employees as the additional insured in an amount of $1 million per occurrence
and $2 million in aggregate. Coverage shall be evidenced by a certificate of insurance in
a form satisfactory to the STATE and shall be delivered to the STATE with a signed copy
of this Agreement.
15. 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.
16. 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 Section 114 and 130 to enter into this
Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf
of the respective agencies and covenants to have followed all the necessary legal requirements to
validly execute this Agreement.
91
Page 8 of 20
8/27/13
Interstate 15 -' Lake Elsinore" Monument Signs
IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first
above written.
THE CITY OF LAKE ELSINORE
By:
Robert Magee, Mayor
ATTEST:
By:
Virginia J. Bloom, City Clerk
By:
CITY Attorney
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
MALCOLM DOUGHERTY
Director of Transportation
By:
Deputy District Director
Maintenance District
As to Form and Procedure:
By:
Legal Attorney
Department of Transportation
Page 9 of 20
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Page 12 of 20
FREEWAYMAINTENANCE
AGREEMENT
WITH
CITY OF LAKE ELSINORE
THIS AGREEMENT is made effective this day of 2013, by and between
the State of California, acting by and through the Department of Transportation, hereinafter
referred to as "STATE" and the CITY of LAKE ELSINORE; hereinafter referred to as "CITY"
and collectively referred to as "PARTIES ".
SECTION I
RECITALS
WHEREAS, on November 3, 1975 a Freeway Agreement was executed between CITY and
STATE, wherein the PARTIES consented to certain adjustments of the local street and road
system required for the development of that portion of STATE SR74 within the jurisdictional
limits of the CITY of Lake Elsinore as a freeway; and
2. WHEREAS, CITY intends to install " Lake Elsinore" monument signs on the Franklin Street
and Nichols Road overcrossings over Interstate 15 as well as a total of four (4) ground mounted
monument signs with landscaping, with one at the intersection of Ortega Highway (SR 74) and
Grand Avenue; and
WHEREAS, the PARTIES hereto mutually desire to clarify and revise the division of
maintenance, as defined in section 27 of the California Streets and Highways Code, and their
respective responsibilities as to the "Lake Elsinore" monument signs..
NOW THEREFORE IT IS AGREED:
SECTION II
AGREEMENT
4. CITY agrees to continue their control and maintenance of each of the affected relocated or
reconstructed CITY streets and roads as provided for in the 1975 Freeway Maintenance
Agreement and shown on that plan map attached hereto, marked Exhibit A, and made a part
hereof by this reference.
5. STATE agrees to continue control and maintenance of those portions adopted as a part of SR
74 proper as shown Exhibit A.
6. If there is mutual agreement on the change in the maintenance duties between PARTIES, the
PARTIES can revise Exhibit A by a mutual written execution of Exhibit A.
When another planned future improvement has been constructed and /or a minor revision has
been effected within the limits of the freeway herein described which will affect the PARTIES'
division of maintenance responsibility as described herein, STATE will provide a new dated
and revised Exhibit A which will thereafter supersede the attached original Exhibit A and
become part of this Agreement.
Revised 5/16/13
Page 13 of 20
8/27/13
SR 74 — "Lake Elsinore" Monument Signs
8. CITY and STATE agree to accept their then respective operational and maintenance
responsibilities and related associated costs thereof in the event jurisdictional boundaries of
the PARTIES should change and Exhibit A is amended to reflect those changes.
9. CITY must obtain the necessary Encroachment Permits from STATE's District 8
Encroachment Permit Office prior to entering STATE right of way to perform CITY
maintenance responsibilities. This permit will be issued at no cost to CITY.
10. LANDSCAPED AREAS ADJACENT TO CROSSING STRUCTURES - Responsibility for
the maintenance of any plantings or other types of roadside development lying outside of the
fenced right of way area reserved for exclusive freeway use shall lie with CITY and not with
STATE.
10.1 CITY is responsible for maintaining the landscaping adjacent to any ground mounted
"Lake Elsinore" monument sign.
10.2 STATE will issue a long -term Encroachment Permit to CITY providing CITY ready
access to the ground mounted "Lake Elsinore" monument signs and adjacent
landscaping for the purpose of maintenance. CITY shall be responsible for complying
with the conditions of said long -term Encroachment Permit. This permit will be issued
at no cost to CITY.
11. LEGAL RELATIONS AND RESPONSIBILITIES
11.1. Nothing within the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties not PARTIES to this Agreement or to affect the
legal liability of a PARTY to the Agreement by imposing any standard of care with
respect to the operation and maintenance of STATE highways and local facilities
different from the standard of care imposed by law.
11.2. 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 conferred upon STATE arising
under this Agreement. It is understood and agreed that STATE shall fully defend,
indemnify and save harmless CITY and all of their officers and employees from all
claims, suits or actions of every name, kind and description brought forth under,
including, but not limited to, tortuous, 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.
11.3. 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 conferred upon CITY and
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,
Page 14 of 20
8/27/13
SR 74 — "lake F,Isinore" Monument Signs
including, but not limited to, tortuous, 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.
12. PREVAILING WAGES:
12.1. Labor Code Compliance- If the work performed on this Project is done under contract
and falls within the Labor Code section 1720(a)(1) definition of a "public work" in that
it is construction, alteration, demolition, installation, or repair; or maintenance work
under Labor Code 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 work. Work performed
by CITY'S own forces is exempt from the Labor Code's Prevailing Wage requirements.
12.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing
wage requirements in all subcontracts funded by this Agreement when the work to be
performed by the subcontractor is a "public work" as defined in Labor Code Section
1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage
requirements set forth in arvs contracts
12.3. 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 the STATE, its officers,
agents and employees as the additional insured in an amount of $1 million per occurrence
and $2 million in aggregate. Coverage shall be evidenced by a certificate of insurance in
a form satisfactory to the STATE and shall be delivered to the STATE with a signed copy
of this Agreement.
13. 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.
14. 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 Section 114 and 130 to enter into this
Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf
of the respective agencies and covenants to have followed all the necessary legal requirements to
validly execute this Agreement.
7
Page 15 01'20
8/27/13
SR 74 —"Lake Elsinore" Monument Signs
IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first
above written.
THE CITY OF LAKE ELSINORE
By:
Robert Magee, Mayor
ATTEST:
By:
Virginia J. Bloom, City Clerk
By:
CITY Attorney
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
MALCOLM DOUGHERTY
Director of Transportation
By:
Deputy District Director
Maintenance District
As to Form and Procedure:
Legal Attorney
Department of Transportation
Page 16 of 20
EXHIBIT "A"
8/27/13
SR 74 — "Lake Elsinore" Monument Signs
DELEGATION OF MAINTENANCE
Vicinty Map
SR 74 and Grand Avenue
SR 74
Location of take Elsinore
Monument Sign, Intersection
of SR 74 & Grand Avenue
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Page 17 of 20
Page 18 of 20
RESOLUTION NO. 2013 -058
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING THE FORM OF THE BOTH
THE INTERSTATE 15 AND STATE ROUTE 74 FREEWAY
MAINTENANCE AGREEMENT, AUTHORIZING STAFF TO SUBMIT
THE DRAFT FREEWAY MAINTENANCE AGREEMENTS TO
CALTRANS AND AUTHORIZING THE MAYOR TO EXECUTE THE
INTERSTATE 15 AND STATE ROUTE 74 FREEWAY MAINTENANCE
AGREEMENTS IN THEIR FINAL FORM.
WHEREAS, the City of Lake Elsinore desires to attach "Lake Elsinore" monument
signs to the Franklin Street and Nichols Road overcrossings over Interstate 15; and
WHEREAS, the City of Lake Elsinore desires to install four ground mounted "Lake
Elsinore' monument signs and associated landscaping at the southwest corner of Interstate
15 and Railroad Canyon Road, Main Street and Central Avenue and at the intersection of
State Route 74 and Grand Avenue; and
WHEREAS, Caltrans, requires the City obtain from them an Encroachment Permit
allowing for the signs to be placed in Caltrans right of way; and
WHEREAS, As a requirement of issuance to the City of an Encroachment Permit
Caltrans requires the City enter into a Freeway Maintenance Agreement with them to
prescribe maintenance obligations for the signs; and
WHEREAS, Caltrans further requires that their standard form for Freeway
Maintenance Agreements be modified and a Draft submitted for their review and approval
prior to execution; and
NOW, THEREFORE, the City Council of the City of Lake Elsinore, California, does
hereby resolve as follows:
SECTION 1. That it hereby approves the form of the "Freeway Maintenance
Agreement " with the State of California Department of Transportation (Caltrans) for the
"Lake Elsinore" monument signs; and.
SECTION 2. Authorizes staff to submit the Interstate 15 and State Route 74 draft
Freeway Maintenance Agreements to the State of California Department of Transportation
(Caltrans) for their review and approval; and
Page 19 of 20
City Council Resolution No. 2013 -058
Page 2 of 2
SECTION 3. Authorizes the Mayor to execute the Interstate 15 and State Route 74
Freeway Maintenance Agreements subject to any minor modifications approved by the City
Attorney; and
SECTION 4. This Resolution shall take effect from and after the date of its passage
and adoption.
PASSED, APPROVED AND ADOPTED this 27th day of August 2013.
Robert E. Magee, Mayor
ATTEST:
Virginia J. Bloom, City Clerk
APPROVED AS TO FORM:
Barbara Z, Leibold, City Attorney
Page 20 of 20