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HomeMy WebLinkAbout2024-10 CC Resolution RESOLUTION NO. 2024-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A LANDSCAPE MAINTENANCE AGREEMENT BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR THE MAINTENANCE OF I-15/SR-79 SOUTH INTERCHANGE ENHANCED LANDSCAPING THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. The City Council finds, determines, and declares that: A. The Interstate 15/State Route 79 South Ultimate Interchange project eliminated the landscaping along several areas, including the parcel comprised of the former southbound off ramp, slopes on either side of the former ramp, within the new loop off ramp, and a large wedge- shaped area that separates the southbound off and on ramps. B. The Interstate 15 Branding and Visioning-I-15/SR 79 South Interchange Enhanced Landscaping project ("Enhanced Landscaping project") will provide the landscaping in these areas. The Enhanced Landscaping project generally consists of plantings,irrigation,and hardscape patterns to evoke regional symbols, such as native basketry and/or pottery. C. The State of California Department of Transportation("Caltrans")owns the subject area. The City of Temecula and Caltrans have agreed that the City can proceed with the Enhanced Landscaping project, subject to the terms of the attached Landscape Maintenance Agreement ("Agreement"). D. Caltrans requires that the City enter into the Agreement to set forth the City's obligations with respect to the Enhanced Landscaping project. E. Pursuant to the Agreement, the City is responsible for maintaining the enhanced landscaping in the subject area in perpetuity. Section 2. Approval of the Landscape Maintenance Agreement. Based on the findings set forth above and the terms and conditions of the Agreement, the City Council hereby approves the Landscape Maintenance Agreement between the State of California Department of Transportation and the City of Temecula for the Maintenance of I-15/SR-79 South Interchange Enhanced Landscaping, and authorizes the City Manager to execute said Agreement. Section 3. Certification. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of February, 2024. ( 4) James Stewart, Mayor ATTES • -O"d , City Clerk [SEAL] 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2024-10 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of February, 2024, by the following vote: AYES: 4 COUNCIL MEMBERS: Alexander, Kalfus, Schwank, Stewart NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk 4 LANDSCAPE MAINTENANCE AGREEMENT WITH THE CITY OF TEMECULA 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 TEMECULA; hereinafter referred to as "CITY" and collectively referred to as "PARTIES." The PARTIES hereto mutually desire to identify the maintenance responsibilities of CITY for newly constructed improvements within STATE's right of way by Cooperative Agreement(s) number 08-1515 dated March 1, 2012. 2. This Agreement addresses CITY's responsibility for the planting, mulches, hydroseeding, irrigation systems, hardscaping (rock blanket), and litter and weed removal (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 Agreemeni. 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 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 permit 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, 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. 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. 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. 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 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. 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. 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 landscaped area 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 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 TEMECULA By: James Stewart Mayor ATTEST: By: Randi Johl City Clerk LM Peter M. Thorson City Attorney STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION M Jim A. Rogers Deputy District Director Maintenance District 08 LEGEND: ® LANDSCAPED AREA TO BE MAINTAINED BY THE CITY CALTRANS R/W ROUTE 15 AND ROUTE 79 COOP AGREEMENT NO. 08-1515 EXHIBIT ''A" POST MILE 3.2 - 3.6 BEGIN LANDSCAPE IMPROVEMENTS Sta 173+50 01111-m- .- �. F FONj STRESS a : •1�� gLVI.. �---------- ---- - -- - SO , END LANDSCAPE IMPROVEMENTS- Sta 192+37 I-15/SR-79 SB OFF RAMP (SEP) Br No. 56-O653K SR-79 UC EXHIBIT B - LETTER OF CERTIFICATE OF CITY TEMECULA STATEMENT OF SELF INSURANCE District 08 Maintenance 464 w 4th Street San Bernardino Ca 92401 June 8, 2023 ATTN: David Gilbert City of Temecula Department of Finance RE: Statement of Self Insurance for City of Temecula Related to Landscape Maintenance Agreement with State of California Department of Transportation ("STATE") for the Landscape Area along Interstate 15 at PM 3.2- 3.E Dear Mr. Gilbert The purpose of this letter is to certify that the CITY is self -insured and self -funded covering third -party claims arising out of its general operations (for example, 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 liability and property damage liability, meets the required coverage amounts in section 10.1 (INSURANCE) of the Landscape Maintenance Agreement, specifically general liability insurance, coverage of bodily injury liability and property damage liability in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. The CITY further represents that regarding any claims made in connection with the Maintenance Agreement by the STATE, the STATE will be first -in -line regarding the reserved, self -insured amounts. If you need any additional information regarding this letter, please direct those inquires through my office. Sincerely, Nicole Flores RISK MANAGER