Item No.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: MATTHEW BAUMGARDNER, DIRECTOR OF PUBLIC WORKS/CITY
ENGINEER
DATE: JANAURY 14, 2025
SUBJECT: APPROVAL OF LANDSCAPING MAINTENANCE AGREEMENT WITH
CALIFORNIA DEPARTMENT OF TRANSPORTATION
EXECUTIVE SUMMARY
The City Council will consider approving an agreement with the State Department of Transportation (Caltrans) regarding the maintenance of the landscaping, lighting and irrigation by the City within the State-owned area located adjacent to the I-5 Freeway occupied by the vacated portion of Dollison Drive and remnant residential lots between Fairford Avenue and Cecilia Street.
RECOMMENDATION
That the City Council:
1. Approve the agreement with Caltrans for the maintenance of the landscaping, lighting and irrigation within the State-owned area located adjacent to the I-5 Freeway occupied by the vacated portion of Dollison Drive and remnant residential lots between Fairford Avenue and Cecilia Street; and
2. Authorize the City Manager, or his designee, to execute the agreement with Caltrans, including any non-substantive extensions and/or amendments.
BACKGROUND
In 2013, the City executed a Freeway Agreement with Caltrans related to the widening of the I-5 Freeway through the City between the Norwalk boundary and the I-605 Freeway.
One of the terms of the Freeway Agreement required the City of Downey to vacate Dollison Drive between Fairford Avenue and Cecilia Street to the State in order to allow the construction of the freeway widening to occur. In addition, the State purchased several residential properties located along the former Dollison Drive between Fairford Avenue and Cecilia Street to provide the remainder of the additional width needed to widen the freeway. Upon the completion of the freeway widening project, a remnant area partially consisting of the vacated Dollison Drive as well as 10 vacant residential lots remained. Per the terms of the Freeway Agreement, Caltrans agreed to allow the City to utilize the vacated area previously occupied by Dollison Drive and six of the 10 vacant
LANDSCAPING MAINTENANCE AGREEMENT WITH CALTRANS
JANUARY 14, 2025
PAGE 2
residential lots, which were not capable of independent redevelopment, on condition that this area is used for public use as a greenspace and pedestrian pathway. The remaining four residential lots were retained by Caltrans to be sold at public auction for independent redevelopment. The I-5 Freeway Widening Project has since been completed. As part of the project, a lighted pedestrian pathway along with landscaping and irrigation were installed within the State-owned, vacated area comprising the greenspace. The greenspace area is shown on the attached location map (see Attachment A).
ANALYSIS
The landscaping, irrigation, and lighting within the State-owned, vacated “greenspace” area are currently being maintained by the City; however, there is currently no maintenance agreement between the City and the State which specifies the terms and conditions and defines the responsibilities of the two parties. The attached maintenance agreement (see Attachment B) will serve this purpose. The vacated area is in the process of being relinquished back to the City by the State, and the maintenance agreement will remain in effect until the relinquishment process is complete. The maintenance of the landscaping and irrigation and lighting will be maintained by the City’s landscaping and lighting maintenance contractors. Per the terms of the agreement, the City will be responsible for the maintenance of the landscaping material within the green space “area” through either its own employees or contractor. These specifically will include the maintenance of the landscaping, irrigation, lighting, weed control, pruning and removing dead plant material, graffiti, and litter control as well as providing power for the irrigation and lighting. The City shall require any contractor to pay its workers State prevailing wages and to carry the required insurance coverage. If the City fails to maintain the area in acceptable conditions, the State reserves the right to either take over the maintenance responsibilities of the green space “area” or to remove the landscaping material or replace it in order to maintain the area in a safe, operable condition.
CITY COUNCIL PRIORITIES
Quality of Life, Safety & Infrastructure
FISCAL IMPACT
Thee is no fiscal impact.
ATTACHMENTS
Attachment A: Location Map
Attachment B: Landscaping maintenance agreement with Caltrans
LESTERFORD AVCASANES AVDOLLI
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RDOWNEY SANFORD BRIDGE RDRAVILLER DR
FWY RAMPHASTYGALLATIN RD DALEWOOD AVI-605 FWYSUVA STCASANES AVHASTY AVQUIN N
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TMATTOCK AVLUBEC ST
LONGWORTH AVPANGBORN AVNEWVILLE AVCASANES AVSIDEVIEW DRLESTERFORD AVFARM ST
FLORENCE AV FRONTAGE S
APPLEBY ST
OTTO ST
PANGBORN AVCECILIA ST
FLORENCE AV FRONTAGE N
GOTHAM ST NEWVILLE AVFAIRFORD AVMULLER ST
QUINN ST QUINN ST OFFLEY LNVIA AMORITA
LITTLE LAKE RDRAVILLER DRRAVILLER DR
FOSTORIA ST
LA VILLA ST LEIBACHER AVGAINFORD ST
FWY RAMPFWY RAMPDALWOOD AVELMCROFT AVNEWVILLE AVMATTOCK AVSTUDEBAKER RDNEWVILLE AVSIDEVIEW DRBENFIELD AVCASANES AVMULL E
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I-605 FWYBUELL ST FWY RAMPGAYBROOK AVBUE
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HASTY AVCROSSDALE AVNEWVILLE AVMATTOCK AVCASANES A
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BROOKPARK RD
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LEFLOSS AVESTUDEBAKER RDPICOVISTA AVECASANES AVDOWNEY SANFORD BRIDGE RDLESTERFORD AVLESTERFORD AVTRUE AVFAIRFORD AVAVLUBEC ST
DACOSTA ST DACOSTA ST
PICOVISTAAVPANGBORN AVCASANES AVPANGBORN AVGAYBROOK AVPICOVISTA AVEPICOVISTA AVEHALCOURTAVDUMONTAVLITTLELAKERDHASTY AVPICOVISA RDCECI LI
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GREENSPACE AREA
LEGEND
1 January 2025Dollison Trail
LANDSCAPE MAINTENANCE AGREEMENT
WITH THE CITY OF DOWNEY
THIS AGREEMENT is made effective this _____ day of _____January ______, 2025, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the CITY of Downey; hereinafter referred to as “CITY” and collectively referred to as “PARTIES.”
1.This Agreement addresses CITY responsibility for the 1planting, irrigation systems, hardscape, lighting, pent waste station, weed and litter control (collectively the “LANDSCAPING”) placed within State Highway right of way on State Route 5, as shown on Exhibit A, attached to and made a part of this Agreement.
2.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.”
3.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.
4.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.
4.1. 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.
5.CITY agrees, at CITY expense, to do the following:
5.1. 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.
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CITY will have in place a valid necessary encroachment permits prior to the start of any work within STATE’S right of way.
5.1.1. 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
5.2. 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.
5.2.1. 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.
5.2.2. To replace unhealthy or dead plantings when observed or within 30 days when notified in writing by STATE that plant replacement is required.
5.2.3. To expeditiously MAINTAIN, replace, repair or remove from service any components of LANDSCAPING system that has become unsafe or unsightly.
5.3. To furnish electricity for irrigation system controls, and lighting system controls for all street lighting systems installed by CITY.
5.4. 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.
5.5. 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 07 Maintenance at 100 South Main Street, Los Angeles, CA 90012.
5.6. 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.
3 January, 2025Dollison Trail
5.7. To MAINTAIN all parking or use restrictions signs encompassed within the area of the LANDSCAPING.
5.8. 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.
6.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.
7.STATE shall Issue encroachment permits to CITY at no cost to it.
8.LEGAL RELATIONS AND RESPONSIBILITIES:
8.1. 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.
8.2. 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.
8.3. 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
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January, 2025Dollison Trail
the exception of those actions of STATE necessary to cure a noticed default on the part of CITY.
8.4. 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.
8.5. PREVAILING WAGES:
8.5.1. 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.
8.5.2. 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.
9.INSURANCE 2 - CITY and its contractors shall 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 of this Agreement.
5 3 Delete if not self -insured
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January, 2025
Dollison Trail
9.1. SELF-INSURED 3 - CITY/COUNTY is self-insured. CITY/COUNTY 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 ___Dollison Trail_______ location as depicted in EXHIBIT A. CITY/COUNTY 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.
9.2. SELF-INSURED 4 using Contractor - If the work performed under this AGREEMENT is done by CITY/COUNTY‘s contractor(s), CITY/COUNTY 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.
10. 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.
11. 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 DOWNEY
By:
Roger Bradley,City Manager
Initiated and Approved
ATTEST:
By:
Godson Okereke
Deputy District Director
Maintenance District
By:
Maria Alicia Duarte,
CMC City Clerk
City Attorney
6 January, 2025
Dollison Trail
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
EXHIBIT B – LETTER OF CERTIFICATE OF CITY OF DOWNEY STATEMENT OF SELF
INSURANCE
Department of Transportation, District 7 2024
100 S. Main St.
Los Angeles, CA 90012
ATTN: Godson Okereke
Department of Finance
RE: Statement of Self Insurance for the City of Dow ney Related to Landscape Maintenance Agreement with State of California Department of Transportation (“STATE”) along State Route 5 from Cecilia Street to Dollison Drive
Dear Mr. Okereke:
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 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,
FINANCE MANAGER