HomeMy WebLinkAboutItem No. 13 - Landscape Maintenance Agreement with the State of California - Kassab Travel Cen13)Landscape Maintenance Agreement with the State of California - Kassab Travel
Center
1.Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AUTHORIZING THE EXECUTION OF A LANDSCAPE MAINTENANCE
AGREEMENT BY AND BETWEEN THE STATE OF CALIFORNIA AND CITY OF LAKE
ELSINORE FOR LANDSCAPE IMPROVEMENTS INSTALLED ON STATE ROUTE 74
AT WEST CORNER ON COLLIER AVENUE; and
2.Approve and authorize the Mayor and City Manager to execute the Landscape
Maintenance Agreement between the City and the California Department of
Transportation.
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REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Remon Habib, City Engineer
Date:May 14, 2024
Subject:Landscape Maintenance Agreement with the State of California - Kassab
Travel Center
Recommendation
1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AUTHORIZING THE EXECUTION OF A LANDSCAPE MAINTENANCE
AGREEMENT BY AND BETWEEN THE STATE OF CALIFORNIA AND CITY OF LAKE
ELSINORE FOR LANDSCAPE IMPROVEMENTS INSTALLED ON STATE ROUTE 74 AT
WEST CORNER ON COLLIER AVENUE; and
2. Approve and authorize the Mayor and City Manager to execute the Landscape Maintenance
Agreement between the City and the California Department of Transportation.
Background
As a condition of approval, Kassab Travel Center project was conditioned to install landscape
improvements on excess right of way owned by the California Department of Transportation
(Caltrans) at the west corner of State Route 74 and Collier Avenue. Caltrans agreed to the
landscape improvements conditioned for the project and requests the City to enter into a
Landscape Maintenance Agreement.
Discussion
The Landscape Maintenance Agreement address the City’s responsibility for the irrigation, trees,
shrubs, ground cover, and mulch (collectively, “Landscaping”) placed within the State Route 74.
The addition of landscaping will provide for the beautification of the parkway.
Fiscal Impact
The City will maintain the parkway landscape adjacent to Kassab Travel Center project, and cost
will be provided through the CFD.
State Landscape Maintenance Agreement
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State Landscape Maintenance Agreement
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Attachments
Attachment 1 - Landscape Maintenance Agreement
Exhibit A – Maintenance Exhibit
Attachment 2 - Resolution
Attachment 3 - Vicinity Map
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LANDSCAPE MAINTENANCE AGREEMENT
WITH THE CITY OF LAKE ELSINORE
THIS AGREEMENT is made effective this ______ day of ____________, 20__, 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.”
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
by Encroachment Permit Number 08-21-6-MC-1380 dated ______.
2. This Agreement addresses CITY responsibility for the landscaping, irrigation,
shrubs, and groundcover (collectively the “LANDSCAPING”) placed within State
Highway right of way on State Route 74, as shown on Exhibit A, attached to and
made a part of this Agreement.
3. Maintenance responsibilities that include, but are not limited to, inspection,
providing emergency repair, replacement, and maintenance, (collectively
hereinafter “MAINTAIN/MAINTENANCE”) of LANDSCAPING as shown on said
Exhibit “A.”
4. The degree or extent of maintenance work 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’s expense, to do the following:
6.1.CITY will MAINTAIN or have authorized licensed contractor with appropriate
class of license in the State of California, to MAINTAIN LANDSCAPING
conforming to those plans and specifications (PS&E) pre-approved by STATE.
CITY will have in place a valid necessary encroachment permits prior to the
start of any work within STATE’S right of way.
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6.1.1. 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
6.2.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, and
fertilizer necessary to sustain healthy plant growth during the entire life of this
Agreement.
6.2.1. 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.
6.2.2. To replace unhealthy or dead plantings when observed or within 30 days
when notified in writing by STATE that plant replacement is required.
6.2.3. To expeditiously MAINTAIN, replace, repair or remove from service any
components of LANDSCAPING system that has become unsafe or
unsightly.
6.3.To furnish electricity for irrigation system controls, and lighting system controls
for all street lighting systems installed by CITY.
6.4.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.
6.5.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: District 08 Maintenance at 464 W. 4th Street San
Bernardino CA 92401.
6.6.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.
6.7.To MAINTAIN all parking or use restrictions signs encompassed within the area
of the LANDSCAPING.
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6.8.To remove LANDSCAPING and appurtenances and restore STATE owned
areas to a safe and attractive condition acceptable to STATE in the event this
Agreement is terminated as set forth herein.
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 at no cost to it.
9. CITY shall remove Persons Experiencing Homelessness (PEH) and any structures,
personal property, debris, and/or other items related to the encampment from the
Location(s) shown in Exhibit A, subject to State’s Encampment Removal policy,
MPD 1001 R1 and applicable State and Federal law.
A. Nothing in this Agreement grants or waives the right of California Highway
Patrol (CHP) and other law enforcement agencies having jurisdiction over
the Locations in shown in Exhibit A.
10.CITY’s graffiti removal shall be limited to removal of text only in accordance with
Streets and Highway Code Section 96. Any graffiti that in any way resembles a
mural, artwork, paintings, or other similar elements may not be removed. CITY
shall discuss such possible art with STATE’s District ____Transportation Art
Coordinator before conducting any graffiti removal or remediation.
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 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.
11.2. 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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11.3. 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.
11.4. 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.
11.5. PREVAILING WAGES:
11.5.1. 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
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 works. Work performed by CITY'S own forces is
exempt from the Labor Code's Prevailing Wage requirements.
11.5.2. 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.
12.INSURANCE
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12.1. 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 landscape parkway 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.
12.2. 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.
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 & 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.
IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and
year first above written.
THE CITY OF LAKE ELSINORE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By: __________________________
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Steve Manos
Mayor
Initiated and Approved
By: ___________________________
Jason Simpson
City Manager
By: ___________________________
Deputy District Director
Maintenance District
ATTEST:
By: __________________________
Candice Alvarez
City Clerk
By: __________________________
Barbara Leibold
City Attorney
EXHIBIT A
(Plan map identifying the applicable STATE Routes (Freeway proper) and
CITY/COUNTY road(s) and facilities)
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RESOLUTION No. 2024-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AUTHORIZING THE EXECUTION OF A LANDSCAPE
MAINTENANCE AGREEMENT BY AND BETWEEN STATE OF CALIFORNIA
AND CITY OF LAKE ELSINORE FOR LANDSCAPE IMPROVEMENTS
INSTALLED ON STATE ROUTE 74 AT WEST CORNER OF COLLIER AVENUE
WHEREAS, State Route 74 has been declared to be a highway by resolution of the
California Highway Commission; and
WHEREAS, the City of Lake Elsinore (City) conditioned the Kassab Travel Center
Project to install and maintain landscape improvements on excess State of California, State
Route 74 right of way adjacent to the development; and
WHEREAS, the State of California Department of Transportation (Caltrans) has
approved the installation of the Landscape improvements (Encroachment Permit # 08-21-6-
MC-1380), conditioned that the City execute a Landscape Maintenance Agreement (LMA) to
assume responsibility for the maintenance of the improvements; and
Whereas, Caltrans further requires their standard form “Landscape Maintenance
Agreement” be used.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
STATE OF CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1: Approves the form of the “Landscape Maintenance Agreement” with the
State of California Department of Transportation (Caltrans) for the maintenance of installed
landscaping.
Section 2: Authorizes the Mayor and City Manager to execute four (4) originals of the
“Landscape Maintenance Agreement” attached hereto as Exhibit “A.”
Section 3: Directs the City Clerk to forward the executed originals to Caltrans for further
processing; and
Section 4: This Resolution shall become effective immediately upon adoption.
Section 5: The City Clerk shall certify to the adoption of this Resolution and enter it into
the book of original Resolutions.
Passed And Adopted at a regular meeting of the City Council of the City of Lake
Elsinore, California this 14th day of May 2024.
Steve Manos
Mayor
CC Reso. No. 2024-15
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Attest:
Candice Alvarez, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, City Clerk of the City of Lake Elsinore, California, do hereby certify that
Resolution No. ______ was adopted by the City Council of the City of Lake Elsinore, California,
at the Regular meeting of May 14, 2024, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Candice Alvarez, MMC
City Clerk
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