HomeMy WebLinkAboutItem No. 15 - Landscape Maintenance Agreement with California Department of Transportation (Caltrans) for I-15 Main Street Interchange
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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: October 8, 2024
Subject: Landscape Maintenance Agreement Between California Department of
Transportation (Caltrans) and the City of Lake Elsinore for I-15 Main Street
Interchange
Recommendation
Approve and authorize the Mayor to execute a Landscape Maintenance Agreement with the
California Department of Transportation for the maintenance of landscape and irrigation in final
form as approved by the City Attorney.
Background
On October 25, 202, the Council approved a professional services agreement with David Evans
and Associates, Inc. for landscape design services at Main Street Interchange.
David Evans completed planting and irrigation plans, and Caltrans issued an Encroachment
Permit for the project on August 12, 2024.
The project is currently out to bid, with the Bid opening Date set for October 9, 2024.
Staff coordinated the attached agreement with Caltrans District 8 staff to ensure that maintenance
tasks occur in a timely manner and that installed plants and irrigation lines will continue to function
as desired.
Discussion
The agreement identifies the maintenance responsibilities of the City for the newly constructed
landscape of the I-15 Main Street Interchange.
Landscape Maintenance Agreement
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Maintenance responsibilities include inspection, repair, and replacement of landscape and
irrigation components. The City shall ensure that landscaped areas are provided with the routine
maintenance necessary to maintain a neat and attractive appearance and provide water and
fertilizer necessary to sustain plant growth throughout the life of the agreement.
Caltrans will provide authorization and encroachment permits necessary for long-term
maintenance of the facility.
Fiscal Impact
There is no direct fiscal impact from executing the agreement. All costs associated with the
Maintenance tasks outlined in the agreement will be brought to the Council as part of future
Capital and operating budgets.
Attachments
Attachment 1 - Landscape Maintenance Agreement
Exhibit A - Maintenance Exhibit
Exhibit B - Self-Insured letter
Engineering
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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 _08-24-N-LF-0052.
2. This Agreement addresses CITY’s responsibilities for the 1 I 15 Main Street
Landscape Project (collectively the “LANDSCAPING”) placed within State
Highway right of way on Interstate 15, 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.
1 List pertinent items, list can include, but is not limited to, landscaping, planting, irrigation systems, hardscaping (Define
Hardscaping) mulches, control, litter and weed removal, Biofiltration Swales, Linear Radial Gross Solid Removal Devices,
sidewalks, bike paths, and parking restriction signs.
If there are different MAINTENANCE responsibilities for each of the items in the list, group them together and name each
group, e.g., LANDSCAPING, IMPROVEMENTS, SYSTEM, etc. Once they are defined as named “collectively”, you do not
refer to them individually again. Delete footnote before sending to locals.
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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.
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
LANDSCAPING system component 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,
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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 4 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.
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.
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. LOCAL
AGENCY shall discuss such possible art with STATE’s District 8 Transportation Art
Coordinator before conducting any graffiti removal or remediation.
11. LEGAL RELATIONS AND RESPONSIBILITIES:
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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.
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:
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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.
11.6. SELF-INSURED2 - 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/COUNTY 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.
11.7. SELF-INSURED3 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
2 Delete if not self-insured
3 Delete if not self-insured
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STATE that shall be delivered to the STATE with a signed copy of this
Agreement.
12. 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.
13. 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.
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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: __________________________
Steve Manos, Mayor
Initiated and Approved
By: ___________________________
Jason Simpson, City Manager
By: ___________________________
Joe Solis
Deputy District Director
Maintenance District 08
ATTEST:
By: __________________________
Candice Alvarez, City Clerk
By: __________________________
Barbara Leibold, City Attorney
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ROUTE 15ROUTE 15R/WSOUTHBOUNDNORTHBOUNDNORTHBOUNDSOUTHBOUNDCAMINO DEL NORTECAMINO DEL NORTE NOT TO SCALESCALE: 1 SHEETSSHEET 1 OFSIGNATURE:CITY OF LAKE ELSINOREDATESIGNATURE:DATECALTRANS APPROVAL 12/21/2023DATE:ROUTE 15 AND MAIN STREETPM 20.5 - 21.5EXHIBIT "A"EXHIBIT "A"ENCROACHMENT PERMIT NO. TBDEXECUTEDLANDSCAPE MAINTENANCE AGREEMENTLEGEND:MAINTAINED BY THE CITY OF LAKE ELSINORELANDSCAPE IMPROVEMENT AREA TO BE CALTRANS RIGHT OF WAY56 0382LBRIDGE NO.56 0382RBRIDGE NO.12-27-2023
951-674-3124
130 S. MAIN STREET
LAKE ELSINORE, CA 92530
WWW.LAKE-ELSINORE.ORG
EXHIBIT B
LETTER CERTIFYING CITY’S SELF-INSURED STATUS
September 16, 2024
California Department of Transportation
CALTRANS
464 W. Fourth Street
San Bernardino, CA 92410
ATTN: Ernesto Altamirano, Landscape Associate
Re: Statement of Self-Insurance for CITY of LAKE ELSINORE Related to Main Street
Landscape Maintenance Agreement with the State of California Department of
Transportation (“STATE”) Along I-15 at PM 20.5 – 21.5
Dear Mr. Altamirano:
This letter certifies that the CITY of Lake Elsinore 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, and meets the required coverage amounts in section 21 (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,
Shannon Buckley
Assistant City Manager