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.
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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