2023/01/18 Department of Transportation LANDSCAPE MAINTENANCE AGREEMENT WITH THE CITY OF MENIFEELANDSCAPE MAINTENANCE AGREEMENT
WITH THE CITY OF MENIFEE
THts AGREEMENT is mode effeclive ft,i, I 'l it tov ot
between the Stote of Colifornio, octing by ond through the -Deportmeni of
Tronsportoiion, hereinofter referred to os "STATE" ond the City of Menifee;
hereinofter relened lo os "CITY" ond collectively refened io os "PARTIES."
l. The PARTIES hereto mutuolly desire to identify the mointenonce
responsibilities of CITY for newly consiructed or revised improvements within
STATE's right of woy by Permit Number 08-2,]-6-CD-026O. ,,/
2. This Agreement oddresses CITY responsibility for the londscope, plontings,
ond inigotion systems (collectively the "LANDSCAPING") ploced within
Stote Highwoy right of woy on Stoie Route 74, os shown on Exhibit A,
otloched to ond mode o port of this Agreement.
3. Mointenonce responsibilities thoi include, bul ore not limited to, inspection,
providing emergency repoir, replocement, ond mointenonce, (collectively
hereinofter "MAlNTAlN/MAINTENANCE") of LANDSCAPING os shown on soid
Exhibii "A."
4. The degree or extent of mointenonce work to be performed, ond the
stondords, lherefore, sholl be in occordonce with the provisions of Section
27 oI the Streels ond Highwoys Code ond the lhen cunent edition of the
Stote Mointenonce Monuol.
5. When o plonned fuiure improvement is constructed ond/or o minor revision
hos been effected with STATE's consenl or initiotion within the limits of the
STATE's righi of woy herein described which offects PARTIES' division of
mointenonce responsibility os described herein, PARTIES will ogree upon
ond execute o new doted ond revised Exhibit "A" which will be mode o
port hereof ond will thereofter supersede the ottoched originol Exhibit "A"
to thereofier become o port of this Agreement.
5.].The new exhibit con be executed only upon written consent of the
PARTIES hereto octing by ond lhrough their outhorized representotives.
No formol omendment to this Agreement will be required.
6. CITY ogrees, oi CITY expense, to do the following:
6.l.C|TY moy instoll, or controct, outhorizing o licensed conlroctor wilh
oppropriote closs of license in the Stote of Colifornio, to instoll ond
thereofter will MAINTAIN LANDSCAPING conforming lo those plons ond
specificolions (PS&E) pre-opproved by STATE.
r{2OEby ond
6.2.CfiY will submit the finol form of the PS&E, prepored, stomped ond
signed by o licensed londscope orchitect, for LANDSCAPING to STATE's
District Permit Engineer for review ond opprovol ond will obloin ond
hove in ploce o volid necessory encroochment permit prior to the stort
of ony work within STATE'S right of woy. All proposed LANDSCAPING
must meet STATE's opplicoble slondords.
5.2.I . CITY controctors will be required to obtoin on Encroochmenl
Permit prior to the stort of ony work within STATE's right of woy.
6.3. CITY sholl ensure thot LANDSCAPED oreos designoted on Exhibii "A" ore
provided with odequote scheduled routine MAINTENANCE necessory
to MAINTAIN o neot ond oitroctive oppeoronce including providing for
woter, ond fertilizer necessory to sustoin heolthy plont growth during ihe
entire lite of this Agreement.
5.3.3. To expeditiously MAINTAIN, reploce, repoir, or remove from service
ony LANDSCAPING system component thot hos become unsole or
unsightly.
6.4.To furnish electricity for inigotion system conirols, ond lighting system
controls for oll street lighting systems instolled by CITY. No stote resources
will be utilized for electricol services.
6.5.To MAINTAIN, repoir ond operote the irrigoiion syslems in o monner thol
prevents woter from flooding or sproying onto STATE highwoy, sproying
porked ond moving outomobiles, sproying pedesirions on public
sidewolks/bike poths, or leoving surfoce woter thot becomes o hozord
to vehiculor or pedestrion/bicyclist trovel.
6.6.To conlrol weeds ot o level occeptoble to the STATE. Any weed control
performed by chemicol weed sproys (herbicides) sholl comply with oll
lows, rules, ond regulotions estoblished by the Colifornio Deportment of
6.2.2. An Encroochmeni Permit rider moy be required for ony chonges
to lhe scope of work ollowed by this Agreement prior io the stort
of ony work within STATE's right of woy
6.3.'i .To prune shrubs, tree plontings, ond trees to control extroneous
growth ond ensure STATE stondord lines of sight to signs ond corner
sight distonces ore olwoys mointoined for the sofeiy of the public.
6.3.2.To reploce unheolthy or deod plontings when observed or within
30 doys when notified in writing by STATE thot plont replocement is
required.
Food ond Agriculture. All chemicol sproy operotions sholl be reporled
quorterly (Form LAl T) to the STATE to: District 0B Mointenonce ot 464w
4 Street Son Bernordino Co 9240.
6.7. CITY sholl ensure LANDSCAPING within the Agreement limits will provide
for the repoir ond removol of dirt, debris, groffiti, weeds, ond ony
deleterious item or moteriol on or obout the LANDSCAPING in on
expeditious monner.
6.8.To MAINTAIN oll porking or use restrictions signs encompossed wilhin the
oreo of the LANDSCAPING.
6.9. To remove LANDSCAPING ond oppurlenonces ond restore STATE
owned oreos to o sofe ond ottroclive condiiion occeptoble io STATE in
the event this Agreement is terminoted os set forth herein.
7. STATE moy provide CITY with timely written notice of unsoiisfoctory
conditions thot requke correction by ihe CITY. However, the non-receipt of
notice does nol excuse CITY from mointenonce responsibilities ossumed
under this Agreement.
B. STATE sholl lssue encroochment permits to CITY ond CITY conkociors ot no
cost to them.
9. LEGAL RELATIONS AND RESPONSIBILITIES:
g.l.Nothing wilhin the provisions of this Agreement is iniended to creoie
duties or obligotions to or righls in third porties not poriy io this
Agreement, or offecl the legol liobility of either PARTY to this Agreemenl
by imposing ony stondord of core respecting the design, construciion
ond moinlenonce of these STATE highwoy improvements or CITY
focilities different from ihe stondord of core imposed by low.
9.2. lf during the term of this Agreement, CITY should ceose to MAINTAIN the
LANDSCAPING-io the sotisfoction of STATE os provided by this
Agreement, STATE moy eiiher undertoke to perform thot MAINTENANCE
on beholf of CITY oi CITY's expense or direct CITY to remove or itself
remove LANDSCAPING ot CITY's sole expense ond restore STATE's right
of woy to its prior or o sofe operoble condition. CITY hereby ogrees to
poy soid STATE expenses, wilhin thirty (30) doys of receipt of billing bv
STATE. However, prior to STATE performing ony MAINTENANCE or
removing LANDSCAPING, STATE will provide wrilten notice io CITY to
cure the defoult ond CITY will hove thirty (30) doys within which to offecl
thot cure.
9.3.Neither CITY nor ony officer or employee thereof is responsible for ony
injury, domoge or liobility occurring by reoson of onything done or
omitted to be done by STATE under or in connection with ony work,
outhority or .iurisdiction orising under this Agreement. lt is understood
ond ogreed thot STATE sholl fully defend, indemnify ond sove hormless
CITY ond oll of its officers ond employees from oll cloims, suits or octions
of every nome, kind ond description brought forih under, including, but
not limited to, tortious, controctuol, inverse condemnotion ond other
lheories or ossertions of liobility occurring by reoson of onything done or
omitted to be done by STATE under this Agreement wilh the exception
of those octions of STATE necessory to cure o noticed defoult on the
port of CITY.
9.4. Neither STATE nor ony officer or employee thereof is responsible for ony
injury, domoge or liobility occurring by reoson of onything done or
omitted to be done by CITY under or in connection wiih ony work,
outhority or jurisdiction orising under this Agreement. lt is understood
ond ogreed thot CITY sholl fully defend, indemnify ond sove hormless
STATE ond oll of its otlicers ond employees from oll cloims, suils or octions
of every nome, kind ond description brought forth under, including, but
not limited to, iortious, controctuol, inverse condemnotion or other
theories or ossertions of liobility occurring by reoson of onylhing done or
omitted to be done by CITY under this Agreement.
9.5.PREVAILING WAGES:
9.5.1 . Lob om lio lf the work performed under this
Agreement is done under controct ond folls within the Lobor Code
section 1 720(o) (1 ) definiiion of o "public works" in ihot it is
construclion, olterotion, demolition, instollotion, or repoir; or
mointenonce work under Lobor Code section i771. CITY must
conform to the provisions of Lobor Code sections 1720 through,l815, ond oll opplicoble provisions of Colifornio Code of
Regulotions found in Title 8, Chopter 8, Subchopter 3, Arlicles l-7.
CITY ogrees to include prevoiling woge requirements in iis
conirocts for public works. Work performed by CITY's own forces is
exempt from the Lobor Code's Prevoiling Woge requirements.
9.5.2.Reouirements in Subconirocts - CITY sholl re quire its controctors to
include prevoiling woge requirements in oll subcontrocts when ihe
work to be performed by the subcontroctor under ihis Agreemenl
is o "public works" os defined in Lobor Code Section I 720(o) (l ) ond
Lobor Code Section l77l . Subcontrocts sholl include oll prevoiling
woge requiremenis set forth in CITY's controcts.
I O. INSURANCE.
10.1.SELF-INSURED - CITY/COUNTY is self-insured. CITY/COUNTY ogrees to
deliver evidence of self-insured coveroge providing generol liobility
insuronce, coveroge of bodily injury liobility ond properiy domoge
liobility, noming STATE, its officers, ogents ond employees os the
odditionol insured in on omount of $l million per occurrence ond $2
million in oggregote ond $5 million in excess. Coveroge sholl be
evidenced by o certificotion of self-insuronce letter ("Letter of Self-
lnsuronce"), sotisfoctory to STATE, cerlifying thot CITY/COUNTY meets
the coveroge requirements of this section. This Lelter of Self-lnsuronce
sholl olso identify the locotion os depicted in EXHIBIT A. CITY/COUNTY
sholl deliver to STATE the Lelter of Self-lnsuronce with o signed copy of
this AGREEMENT. A copy of the executed Leiter of Self-lnsuronce sholl
be otioched hereto ond incorporote os Exhibit B.
10.2. SELF-INSURED using Controctor - lf the work performed under this
AGREEMENT is done by CITY/COUNTY's controctor(s), CITY/COUNTY
sholl require iis controctor(s) to mointoin in force, during the term of
this AGREEMENT, o policy of generol liobiliiy insuronce, including
coveroge of bodily iniury liobility ond property domoge liobiliiy,
noming STATE, its officers, ogenis ond employees os the odditionol
insured in on omount of $1 million per occurrence ond $2 million in
oggregote ond $5 million in excess. Coveroge sholl be evidenced by
o certificote of insuronce in o form sotisfoctory to the STATE thot sholl
be delivered to the STATE with o signed copy of this Agreemenl.
I I.TERMINAT|ON - This Agreement moy be terminoted by timely mutuol writlen
consenl by PARTIES, ond CITY's foilure to comply with the provisions of this
Agreement moy be grounds for o Noiice of Terminotion by STATE'
12.TERM OF AGREEMENT -This Agreement sholl become effective on the dote
first shown on its foce sheet ond sholl remoin in full force ond effect until
omended or terminoted of ony time upon mutuol consent of the PARTIES
or until lerminoted by STATE for couse.
PARTIES ore empowered by Streets ond Highwoys Code Section I l4 & 130 to enter
into this Agreement ond hove delegoted to the undersigned the outhority to
execute this Agreement on beholf of the respeclive ogencies ond covenonts to
hove followed oll the necessory legol requirements to volidly execute lhis
Agreement.
lN WITNESS WHEREOF, the PARTIES herelo hove set their honds ond seols the doy
ond yeor first obove writlen.
THE CITY OF MENIFEE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
lnilioted ond Approved
Armondo , City Monoger
ATTEST:
By:
Sie eR cting C ty Clerk
tv^6 oo
By:
tt6$v r. uetcrr ty
Jim A. Rogers
Deputy District Director
Moinienonce District 0B
By:By:
e
Attorney
en,
DATE
ocToBER r 8. 2022
NOT TO SCALE
SCALE
SHEET I OT
l
EXHIBIT "A'
tANDSCAPE MAINTENANCE AGREEMENT
EXECUTED
DATE
DATE
z_
ENC M ENT tr N0.08-2 r .6-cD-0260
CITY OF MENIFEE
SICNATURE
CALTRANS APPROVAL
SICNATURE
STATE ROUTE 74 AND TRUMBLE ROAD
EXHIBIT "A'
Post mile 2 7.75
I
I
I
I
I
I
I
l-
(
(
(
/
?\
LANDSCAPT AREA TO BT MAINTAINED BY THE CITY OF MENIFET
CAT TRANS RICHT OF WAY
ll+tffi#\
I
9l
(
l
t422
/
\
/I
/I
t /
\\
\\\\
I
4'
\
-
{-tt-tr
-L
.L
a
]I
\I
/,G
I
\
lz)
EXHIBIT "B"
MENIFEE 29844 Haun Road Menifee. CA 92586
951-672-6T17 Fax95f679-3843
cityofmenilee.us
District 08 Maintenance MS 1107
464 W 4th
Street San Bernardino Ca 9240
ATTN: Oavid Gilbert
october 11,2022
RE: Maintenance agreement with the City of Menifee
Dear MR. Gilbert
The purpose of this letter is to certify that the CIW of Menifee is self-insured and self-funded covering
third-party claims arising out of its Seneral operations (for example, commercial general liability and
automobile liability insurance). Further the CITY of Menifee is self-insured covering workers'
compensation claims and has received the consent of the state Department of lndustrial Relations to do
so.
Each fiscal year, as a part of its budgetary process, the CITY of Menifee appropriates funds specifically to
satisfy valid third-party claims and workers' compensation claims, which may be brought against the
CITY of Menifee.
The CIW of Menifee certlfies its self-insured, general liability coverage for bodily injury liability and
property damage liabillty, meets the requlred coverage amounts in section 10.1 (INSURANCE) of the
Maintenance Agreement, specifically general liability insurance, coverage of bodily injury liability and
property damage liability in an amount of 51 million per occurrence and 52 million in aggregate and $5
million in excess. The CITY of Menifee 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.
lf you need any additional information regarding this letter, please direct those inquires through my
office.
Sincerely,
Nick Fid ler
Public Works Director
City of Menifee
Dean Deines
Mayor Pro Tem
Drstrcl 4
Bob Karwin
Councrlmembet
Drstflct l
Matt Liesemeye.
Councilmember
Drstnct 2
Armando G. VilLl
Crty M.rndger
New Better. Best.
Bill Zimmerman Lesa A. Sobek
Councilmember
Drstricl 3