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17-0307_CALIFORNIA DEPT OF TRANSPORTATION_E19_Agenda ReportTO : FROM: SUBMITTED BY: PREPARED BY: DATE: SUBJECT: City of San Juan Capistrano Agenda Report Honorable Mayor and Members of the City Council ~ Siegel, City Manager Steve May, Public Works and Utilities Director _)_..~ George Alvarez, City Engineer Hossein Ajideh, P.E., Senior Civil Engineer March 7, 2017 3/7/2017 E19 Consideration of a Landscape and Improvement Maintenance Agreement between Caltrans and the City of San Juan Capistrano for Intersection Improvements at Interstate 5, Valle Road, and La Novia Avenue. RECOMMENDATION : By motion, approve and authorize the City Manager to execute the attached Landscape and Improvement Maintenance Agreement with Caltrans for the intersection improvements at Interstate 5, Valle Road, and La Novia Avenue. EXECUTIVE SUMMARY: Construction work for the new roundabout at the intersection of the Interstate 5 on-ramp and off-ramp at Valle Road and La Novia Avenue is nearly completed. In accordance with the terms of the encroachment permit issued to the City by Caltrans for the project, the City is required to maintain the improvements and landscaping, and to enter into a Landscape and Improvement Maintenance Agreement with Caltrans. A landscape concept plan is provided as Attachment 1. The Agreement (Attachment 2) defines the roles and responsibilities of the City related to the maintenance of the improvements for the roundabout placed within the State Highway right-of-way. The areas of City maintenance responsibility are shown on Attachment 3. The Design Review Committee has approved the landscape plan that is currently under construction. Staff recommends that the City Council approve and authorize the City Manager to execute the attached Landscape and Improvement Maintenance Agreement between Caltrans and the City. City Cou neil Agenda Report March 7, 2017 Page 2 of 3 DISCUSSION/ANALYSIS: Pacific Point Development Partners LLC. (Developer) is the successor developer for multiple subdivision maps within the Pacifica San Juan Development (the "Project"). As a condition of approval of Vesting Tentative Tract Map 15609 ("VTTM 15609"), Vesting Tentative Tract Map 14196 ("VTTM 14196"), and the Project's nine final tract maps, the Developer was required to design and construct the intersection and landscape improvements . Since the Improvements are being constructed over portions of both Caltrans owned right-of-way and City right-of-way, Caltrans issued Encroachment Permit No. 12-14-N- MC-0701 to the City on April 4, 2016, for the improvements. One of the Special Provisions of the Encroachment Permit is that Caltrans and the City shall enter into a maintenance agreement prior to completion of construction. The estimated completion date of the roundabout is April 1, 2017 . FISCAL IMPACT: In accordance with the terms of the Landscape and Improvement Maintenance Agreement, Caltrans and the City have agreed to an allocation of the ongoing maintenance responsibilities. It is estimated that these maintenance responsibilities will cost the City approximately $6,500 per year, which will be allocated into the City 's Fiscal Year 2017/2018 budget. The Developer for Pacifica San Juan has agreed to maintain the Improvements until the end of Fiscal Year 2016/2017. ENVIRONMENTAL IMPACT : On October 6, 2015, the City Council adopted Resolution 15-10-06-01 entitled "A Resolution of the City Council of the City of San Juan Capistrano adopting a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program for the Interstate 5/ La Novia Avenue/ Valle Road Intersection Improvement Project" (the "Mitigated Negative Declaration"). The proposed Landscape Maintenance and Improvement Agreement assists in executing the Interstate 5/ La Novia Avenue/ Valle Road Intersection Improvement Project and is consistent with the Mitigated Negative Declaration and the adopted Mitigation Monitoring and Reporting Program. PRIOR CITY COUNCIL REVIEW : • On June 3, 2014 , the City Council approved the selection of a roundabout intersection control for the intersection of the Northbound 1-5 on-ramp and off- ramp with La Novia Avenue and Valle Road as the preferred alternative. • On September 16, 2014, the City Council approved a personal services agreement with RBF Consulting for the preparation of an Initial Study pursuant to the California Environmental Quality Act for the improvements at the intersection City Council Agenda Report March 7, 2017 Page 3 of 3 of the Northbound 1-5 on-ramp and off-ramp with La Novia Avenue and Valle Road. • On October 6, 2015, the City Council adopted Resolution 15-10-06-01 entitled "A Resolution of the City Council of the City of San Juan Capistrano adopting a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program for the Interstate 5/ La Novia Avenue/ Valle Road Intersection Improvement Project." COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS : • On October 8, 2015, the Design Review Committee requested that the applicant revise the plans in accordance with the Committee's comments and return to the Design Review Committee for confirmation of the requested revisions to include the plant selection and retaining wall treatment that were used for the Ortega Highway interchange project. • On November 12, 2015, the Design Review Committee requested that the applicant revise the plans in accordance with the Committee's comments and return to the Design Review Committee for confirmation of the requested revisions that included changes to landscape materials and concrete finishes. • On December 10, 2015, the Design Review Committee approved the design. • On May 26, 2016, the Design Review Committee received an update on the conceptual landscape plan for the La Novia Roundabout. NOTIFICATION : Caltrans ATTACHMENTS: Attachment 1: General Concept of the Interstate 5 and Valle Road I La Novia Avenue Interchange Improvements Attachment 2: Draft Landscape and Improvement Maintenance Agreement within State Highway Right of Way on Route 1-5 within the City of San Juan Capistrano Attachment 3: Illustration of the maintenance responsibilities for the improvements. : .. : ·' I' .I • ~ • 6 ~ ... I c w .., ;;: "' .. i5 >= c > ~ .., .J .J c " " z H ... ~- ~ I } ! • ~ • ! I i ~ ~ II !i I / I I I I , I I i ! B ~-.. .. -.• ATTACHMENT 1 Page 1 of 1 LANDSCAPE MAINTENANCE AGREEMENT WITHIN STATE HIGHWAY RIGHT OF WAY ON ROUTE 5 WITHIN THE CITY OF SAN JUAN CAPISTRANO 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 San Juan Capistrano; hereinafter referred to as "CITY" and collectively referred to as "PARTIES". SECTION I RECITALS 1. PAR TIES desire to work together to allocate their respective obligations relative to newly constructed or revised improvements within STATE's right of way by Permit Number14- NMC-0701. 2. This Agreement addresses CITY responsibilities which include but are not limited to, landscaping, trees, shrubs, irrigation systems, mulches, control litter and weed control (collectively the "LANDSCAPING") as well as CITY responsibilities which include but are not limited to sidewalks, any type of hardscape/rock, buffer strips, textured concrete, curbs, gutters, central islands, pedestrian islands, splitter islands, truck aprons and retaining walls (collectively the "IMPROVEMENTS") placed within State Highway right of way on State Route 5, in the roundabout and other locations as shown on Exhibit A, attached to and made a part of this Agreement. NOW THEREFORE, IT IS AGREED AS FOLLOWS: SECTION II AGREEMENT 1. In consideration of the mutual covenants and promises herein contained, CITY and STATE agree as follows: 1.1. PAR TIES have agreed to an allocation of maintenance responsibilities that include, but are not limited to, inspection, providing emergency repair, replacement, and maintenance, (collectively hereinafter "MAINTAIN/MAINTENANCE") of LANDSCAPING and IMPROVEMENTS as shown on Exhibit "A." 1.2. 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 Attachment 2-Page 1 of 7 Agreement. 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. 2. CITY agrees, at CITY expense, to do the following: 2.1. 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. 2.2. The degree or extent of maintenance work to be performed, and the standards therefor, 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. 2.3. For LANDSCAPING improvements, CITY will submit the final form ofthe PS&E, prepared, stamped and signed by a licensed landscape architect, 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. 2.4. CITY shall ensure that LANDSCAPED and IMPROVEMENT areas delineated on Exhibit "A" are provided with adequate scheduled routine MAINTENANCE necessary to MAINTAIN a neat and attractive appearance. 2.5. 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. 2.6. CITY contractors will be required to obtain an Encroachment Permit prior to the start of any work within STATE's right ofway. 2.7. To furnish electricity for irrigation system controls, water, and fertilizer necessary to sustain healthy plant growth during the entire life of this Agreement. 2.8. To replace unhealthy or dead plantings when observed or within 30 days when notified in writing by STATE that plant replacement is required. 2.9. To prune shrubs, tree plantings, and trees to control extraneous growth and ensure STATE standard lines of sight to signs and comer sight distances are always maintained for the safety of the public. 2.10. 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. Attachment 2-Page 2 of7 2.11. 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. Acceptable weed level is 6" height if mowed. Weeds controlled by chemical weed sprays (herbicides) must be removed within a reasonable period of time following death of the plant. CITY shall report all chemical spray operations quarterly (using Form LA17) to the STATE at the address below: Department of Transportation District 12, Maintenance Maintenance Manager 1750 East Fourth Street, Suite 100 Santa Ana, CA 92705 2.12. To remove LANDSCAPING, IMPROVEMENTS 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. 2.13. To furnish electricity and MAINTAIN lighting system and controls for all street lighting systems installed by and for CITY. 2.14. To inspect LANDSCAPING and IMPROVEMENTS on a regular monthly basis to ensure the safe operation and condition of the LANDSCAPING. 2.15. To expeditiously MAINTAIN, replace, repair or remove from service any LANDSCAPING and IMPROVEMENTS system component that has become unsafe or unsightly. 2.16. To MAINTAIN all sidewalks/bike paths within the Agreement limits of the STATE highway right of way, as shown on Exhibit A, at CITY expense. MAINTENANCE includes, but is not limited to, concrete repair, replacement and to grind or patch vertical variations in elevation of sidewalks/bike paths for an acceptable walking and riding surface, and the removal of dirt, debris, graffiti, weeds, and any deleterious item or material on or about sidewalks/bike paths or the LANDSCAPING and IMPROVEMENTS in an expeditious manner. 2.17. To MAINTAIN all parking or use restrictions signs encompassed within the area ofthe LANDSCAPING. 2.18. To allow random inspection of LANDSCAPING, IMPROVEMENTS, street lighting systems, sidewalks/bike paths and signs by a STATE representative. Attachment 2-Page 3 of7 2.19. To keep the entire landscaped and improved area policed and free of litter and deleterious material. 2.20. All work by or on behalf of CITY will be done at no cost to STATE. 3. STATE agrees to do the following: 3 .1. 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. 3.2. Issue encroachment permits to CITY and CITY contractors at no cost to them. 4. LEGAL RELATIONS AND RESPONSIBILITIES~ 4.1. 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. 4.2. If during the term of this Agreement, CITY should cease to MAINTAIN the LANDSCAPING and IMPROVEMENTS 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 and IMPROVEMENTS 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 and IMPROVEMENTS, STATE will provide written notice to CITY to cure the default and CITY will have thirty (30) days within which to affect that cure. 4.3. 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. 4.4. 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 Attachment 2-Page 4 of 7 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. 5. PREVAILING WAGES: 5.1. Labor Code Compliance-If the work performed on this Project is done under contract and falls within the Labor Code section 1720(a)(l) definition of a "public work" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1 771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code ofRegulations 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. 5.2. 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 6. INSURANCE. 6.1. 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 the 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 along with a signed copy of this Agreement. 6.2. SELF-INSURED using Contractor -If the work performed on this Project is done under contract CITY shall require its contractors 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 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 ofthis Agreement. 7. TERMINATION -This Agreement may be terminated by either party upon delivery of 30 days written notice. Either party's failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination. Attachment 2-Page 5 of 7 8. 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 SAN JUAN CAPISTRANO STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By: MALCOLM DOUGHERTY Mayor Director of Transportation Initiated and Approved By: ____________________ __ City Manager ATTEST: By: ____________________ _ City Clerk By: ____________________ _ City Attorney By: ____________________ __ Deputy District Director Maintenance District As to Form and Procedure: By: --------------------------Attorney Department of Transportation Attachment 2-Page 6 of 7 EXHIBIT "A" (Plan map identifying the applicable STATE Routes (Freeway proper) and CITY road(s) and facilities) ROUTE 5 ,. "CI" LINE CENTRAL ISLAND EXHIBIT A LANDSCAPE AND IMPROVEMENT MAINTENANCE AGREEMENT ROUTE 5 POSTMILE 8.56 SCALE ' 1 " =20 ' PERMIT NO . 1214 -NMC-0701-1