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HomeMy WebLinkAboutItem 5m. Authorize a Reimbursement Agreement with Caltrans for the Clean California Program Item 5m Department: Public Works Cost Center: 5006 For Agenda of: 12/7/2021 Placement: Consent Estimated Time: N/A FROM: Matt Horn, Public Works Director Prepared By: Greg Cruce, Deputy Director – Maintenance Operations SUBJECT: CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) CLEAN CALIFORNIA REIMBURSEMENT AGREEMENT RECOMMENDATION Adopt a Resolution entitled, “A Resolution of City Council of the City of San Luis Obispo, California, authorizing the Mayor and City Manager to enter into a Reimbursement Agreement with Caltrans for the Clean California Program”. DISCUSSION Background The City of San Luis Obispo (City) is home to portions of the world-famous Highway 1, also known as the Pacific Coast Highway. This highway is over 600 miles long and traverses along the California coastline, through towns and cities such as San Luis Obispo. The section of Highway 1 that travels through the city limits of San Luis Obispo is under the jurisdiction of Caltrans and stretches from Highland Drive to Walnut Street along Santa Rosa Street. Historically, the City has been permitted to perform clean up and maintenance within this area, however the work was subject to the prior approval of Caltrans and the City incurred all the cost to obtain Caltrans approval of the work and the maintenance work itself. Recently, the State of California has initiated a new program entitled the, “Clean California Program” that is intended to remove litter, create jobs, and beautify California particularly along its state highways. The Program will make significant investments in litter collection, community engagement, and education to transform unsightly roadsides into spaces of pride for all Californians. To do so, more than one billion dollars in funding has been identified by the State for qualifying projects over the next three years in all 58 counties. The City is eligible for reimbursement of up to $50,000 annually for street sweeping, graffiti abatement, and litter removal on the stretch of Highway 1 within city limits, from Highland Drive to Walnut Street. Page 379 of 450 Item 5m To meet community expectations, the City has historically completed some of this work already. Approval of this agreement will allow the City to receive reimbursement for these services in addition to the City’s administrative cost for delivering these services. This initiative aligns with the City’s goal of providing a Safe, Clean, and Beautiful City for the community. Policy Context A Council approved Resolution is required for the City and State to enter into such reimbursement agreement. Public Engagement This is an administrative item, so no outside public engagement was completed. Public comment can be provided to the City Council through written correspondence prior to the meeting and through public testimony at the meeting. CONCURRENCE The City’s Administration Department has been apprised of the new state program and is in concurrence with pursual of the reimbursement agreement. ENVIRONMENTAL REVIEW The California Environmental Quality Act does not apply to the recommended action in this report, because the reimbursement for the mention services is not a “project” as defined by CEQA Guidelines Section 15378. FISCAL IMPACT Budgeted: No Budget Year: 2021-23 Funding Identified: No Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $ $ $ $ State $ 50,000 Federal Fees Other: Total $ 50,000 $ $ $ Over the next three years, the City can seek reimbursement for up to $50,000, amounting to $150,000 in total. Page 380 of 450 Item 5m ALTERNATIVES The Council may choose not to pursue the reimbursement agreement. This action is not recommended since much of this work is already planned to occur. Approval of this agreement will give the City an avenue to recuperate a portion of the cost. ATTACHMENTS A – Clean California Agreement B – Draft Resolution authorizing a Reimbursement Agreement for the Clean California Program Page 381 of 450 Page 382 of 450 CLEAN CALIFORNIA MAINTENANCE AGREEMENT WITH THE CITY OF SAN LUIS OBISPO This CLEAN CALIFORNIA MAINTENANCE AGREEMENT (“AGREEMENT”) is made by and between the State of California, acting by and through the Department of Transportation (“STATE”), and the City of San Luis Obispo (“LOCAL AGENCY”); each may be referred to individually as a “PARTY” and jointly as “PARTIES”. RECITALS 1. This AGREEMENT will identify the specific maintenance functions STATE requests LOCAL AGENCY to perform in the STATE right of way situated within LOCAL AGENCY’S jurisdictional limits as authorized in Streets and Highways Code Section 130. 2. Pursuant to the “Clean California Beautification Program of 2021,” the PARTIES desire to identify specific mission-critical maintenance services LOCAL AGENCY will perform on and around STATE right of way situated within LOCAL AGENCY’s jurisdictional limits. OPERATIVE PROVISIONS 1. Maintenance Services. LOCAL AGENCY shall perform litter and debris removal and associated traffic control, at the State Route(s) (SR), post miles (PM) and approximate mile lengths (STATE Right of Way) set forth in Exhibit A. LOCAL AGENCY shall sweep, remove and discard litter and debris, including, but not limited to: furniture, appliances, tire casings, bulky and large items, automobile wreckage, auto components, clothing, beverage containers, food packages and garbage. 2. Maintenance Standards. LOCAL AGENCY shall perform all maintenance services in compliance with the provisions of Streets and Highways Code section 27, and in accordance with California and federal laws and regulations and STATE policies, procedures and specifications in effect and as amended, and applicable municipal ordinances. 3. Prior Maintenance Agreements. The PARTIES agree that this AGREEMENT does not supersede the PARTIES’ existing Delegated Maintenance Agreement or other maintenance agreements, if any. 4. Maintenance Areas. LOCAL AGENCY shall perform maintenance services in the STATE Right of Way locations and areas described in Exhibit A and listed in Exhibit B. Page 383 of 450 5. Amendment to Agreement. Changes to LOCAL AGENCY’s maintenance services covered in this AGREEMENT may be made by each PARTY executing amended Exhibits A and B and/or executing additional pages to Exhibits A and B that shall be attached to this AGREEMENT and will supersede the original Exhibits A and B. Otherwise, this AGREEMENT may only be amended by a written agreement executed by both PARTIES. STATE’s District Maintenance Agreement Coordinator (DMAC) must obtain prior written approval of any amendments from the District 5 Deputy Director of Maintenance before such amendments may become effective and enforceable under this AGREEMENT. 6. Party Representatives and Notices. LOCAL AGENCY’s Project Manager is: Nehemiah Stephenson STATE’s DMAC is: Steve Talbert All notices, document submittals and invoices required under this AGREEMENT shall be deemed to have been fully given when made in writing and received by the PARTIES at their respective addresses as follows: LOCAL AGENCY Attn: Name of Project Manager: Neheniah Stephenson Address: 25 Prado Road City, Zip: San Luis Obispo, CA 93401 STATE Attn: Ashley Johnson, Resource Manager <ashley.johnson@dot.ca.gov> Address: 50 Higuera Street San Luis Obispo, CA 93401 Page 384 of 450 7. Excluded Maintenance Activities. 7.1 Unsheltered Encampment Relocation. LOCAL AGENCY shall not engage in any activities to relocate any persons experiencing homelessness who are situated within STATE Right of Way. LOCAL AGENCY shall comply with the processes and procedures set forth in STATE’s “Interim Guidance on Encampments, Prioritizing and Addressing Encampments on Caltrans- owned Property,” dated July 2021, and as may be amended during the term of this AGREEMENT (Interim Guidance). 7.2 Abandoned Encampments. If LOCAL AGENCY encounters abandoned homeless encampments at or within STATE Right of Way, LOCAL AGENCY shall comply with the processes and procedures set forth in STATE’s Interim Guidance, including but not limited to coordination with STATE and the local California Highway Patrol. 7.3 Hazardous Material Clean up. LOCAL AGENCY shall not engage in any hazardous material clean-up activities. If LOCAL AGENCY encounters any hazardous materials, including but not limited to bloodborne pathogens, biological waste, feces, syringes, needles, sharp objects or unknown substances during maintenance services performed under this AGREEMENT, LOCAL AGENCY shall immediately contact STATE’s District Hazardous Material manager for appropriate action. 7.4 Weed Abatement. LOCAL AGENCY shall not perform any weed abatement, remove overgrown brush, trees, grass and limbs or conduct any spraying, grading, mowing or discing for any maintenance services within STATE Right of Way. 8. Graffiti Removal. LOCAL AGENCY’s graffiti removal shall be limited to removal of text only in accordance with Streets and Highway Code Section 96. Any graffiti that in any way resembles a mural, artwork, paintings, or other similar elements may not be removed. LOCAL AGENCY shall discuss such possible art with STATE’s District 5 Transportation Art Coordinator (<Caltrans.Art.D5@dot.ca.gov>) before conducting any graffiti removal or remediation. Page 385 of 450 9. Maintenance Service Schedule. LOCAL AGENCY shall provide STATE’s District 5 Area Maintenance Superintendent, Cindy Knoeck, at least twenty-four (24) hours prior telephone or email notice before performing any maintenance services under this AGREEMENT. His email and phone number are: <cindy.knoeck@dot.ca.gov> or (805) 922-1987. LOCAL AGENCY shall provide the RESOURCE MANAGER identified in this AGREEMENT with a litter, debris and graffiti removal schedule. Maintenance services shall be provided at a minimum biweekly basis. Maintenance services shall be performed between the hours of 6:00 am and 6:00 pm and may be performed on weekends and holidays if necessary. LOCAL AGENCY must request prior written approval from STATE’s District Maintenance Superintendent prior to performing any maintenance services before 6:00 am or after 6:00 pm 10. Authorized Reimbursement. The functions and levels of maintenance services delegated to LOCAL AGENCY in the attached Exhibits A and B and amounts appropriated to State pursuant to the Clean California Beautification Program of 2021 have been considered in setting authorized total dollar amounts . LOCAL AGENCY may perform additional work if desired, but STATE will not reimburse LOCAL AGENCY for any work in excess of the authorized dollar limits established herein. 11. Cost Reimbursement. STATE shall reimburse LOCAL AGENCY for LOCAL AGENCY’s actual and necessary costs incurred to perform the maintenance services under this AGREEMENT; provided, however, that STATE’s reimbursement shall not exceed the maximum authorized expenditures under this AGREEMENT. 11.1 Amendment to Approved Expenditures. Upon LOCAL AGENCY’s written request, the expenditures per route for maintenance services set forth in Exhibits A and B may be increased, decreased, or redistributed between routes pursuant to the PARTIES executing an appropriate amendment in accordance with section 5 above. All such adjustments must be authorized in writing by the District Director or his/her authorized representative. 11.2 Term of Expenditures. Additional expenditures or an adjustment of expenditures once authorized shall apply only for the term of this Agreement and shall not be deemed to permanently modify or change the basic maximum expenditures per route as specified in Exhibits A and B. Any expenditure adjustments shall not affect or alter any other terms of this AGREEMENT. Page 386 of 450 12. Billing, Payment and Reporting. 12.1 Billing Date. LOCAL AGENCY shall submit billing invoices to STATE’s RESOURCE MANAGER each month beginning after the first month LOCAL AGENCY has performed maintenance services under this AGREEMENT. LOCAL AGENCY shall not submit billing invoices for reimbursement of costs less than $500 more than once each quarter. LOCAL AGENCY shall also submit billing invoices promptly following the close of STATE’s fiscal year on each June 30th. 12.2 Billing Submission Format. Each billing invoice shall include all of the following: (a) STATE’s Clean California Program Code: CLEANCADMA; (b) AGREEMENT number: CCMA 05-21-ST05 ; (c) Date(s) of services; (d) Location of services; (e) Number of hours and hourly rates; (f) Receipts for trash disposal ; (g) Receipts for equipment, materials and supplies; and (h) LOCAL AGENCY’s maintenance services report that includes the information required under section 15 of this AGREEMENT. STATE shall pay LOCAL AGENCY for the maintenance services satisfactorily performed in accordance with the rates and schedules in Exhibits A and B. 13. Successors. This AGREEMENT shall be binding upon and inure to the benefit of each of the PARTIES’ successors-in-interest, including, but not limited to any public entity to whom any part of the STATE right of way covered under this AGREEMENT may be relinquished and any subsequently incorporated city or other municipality established within the LOCAL AGENCY’s jurisdictional limits. Page 387 of 450 14. Encroachment Permits. Before LOCAL AGENCY may enter STATE right of way to perform any maintenance services in the areas covered by this AGREEMENT, STATE’s District 5 Encroachment Permit Office must issue an initial encroachment permit at no cost to LOCAL AGENCY. LOCAL AGENCY must obtain additional encroachment permits, if necessary, to enter or perform any work within STATE right of way not covered by this AGREEMENT. STATE will issue these additional encroachment permits at no cost to LOCAL AGENCY. LOCAL AGENCY’s contractors and sub-contractors must apply for and be issued separate encroachment permits before they may enter STATE right of way to perform any maintenance or work under this AGREEMENT. 15. Performance Monitoring. LOCAL AGENCY shall prepare a Performance Report to record and report the quantity and description of litter and debris removed and maintenance services performed at each clean-up site and location set forth in Exhibits A and B. This Performance Report shall include dated and executed documents demonstrating the weight and/or amount of litter and debris removed, including disposal receipts from authorized disposal sites and/or landfills. The RESOURCE MANAGER may also request that LOCAL AGENCY provide photographs of the sites taken before and after LOCAL AGENCY’s maintenance services are performed. 16.Legal Disposal of Litter Collected. LOCAL AGENCY shall make its own arrangements for the legal disposal of litter or debris materials to authorized disposal sites. LOCAL AGENCY shall not leave any filled litter bags, litter piles or other groups of litter assembled during its maintenance services along or in STATE Right of Way. Such litter groupings shall be removed out of STATE Right of Way each day LOCAL AGENCY performs the maintenance services in this AGREEMENT. 17. Safety and Worker Compliance. LOCAL AGENCY shall be solely responsible for crew pay, workers compensation and any other benefits required by state and federal law. Subcontractors and crew members are not considered STATE’s employees at any time. LOCAL AGENCY shall comply with all applicable State and Federal statutes and regulations governing worker and public safety, including but not limited to compliance with CAL-OSHA regulations and guidelines. LOCAL AGENCY shall notify the STATE’s District 5 Area Maintenance Superintendent no later than Tuesday of the prior week when traffic controls, flags, signs, or lane closures are necessary to safely perform any maintenance services and must receive prior approval for any such lane and/or shoulder closures. Page 388 of 450 18. Equipment and Supplies. LOCAL AGENCY shall provide the necessary equipment, tools, personal protective equipment, materials, supplies and products necessary to perform the maintenance services under this AGREEMENT. STATE shall reimburse LOCAL AGENCY for the reasonable costs of such equipment and supplies not to exceed the authorized expenditures set forth in Exhibits A and B. 19. Legal Relations and Responsibilities. 19.1 No Third-party Beneficiaries. This AGREEMENT is not intended to create duties, obligations, or rights of third parties beyond the PARTIES to this AGREEMENT. Nor does this AGREEMENT affect a PARTY’s legal liability by imposing any standard of care for the maintenance of STATE highways different from the standard of care imposed by law. 19.2 Indemnification. Neither STATE nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY in connection with any work, authority or jurisdiction conferred upon LOCAL AGENCY under this AGREEMENT. LOCAL AGENCY shall fully defend, indemnify, and save harmless STATE and its officers and employees from all claims, suits, or actions of every kind occurring by reason of anything done or omitted to be done by LOCAL AGENCY, its contractors, sub-contractors and/or its agents pursuant to this AGREEMENT. Neither LOCAL AGENCY nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, in connection with any work, authority or jurisdiction conferred upon STATE under this Agreement. STATE shall fully defend, indemnify, and save harmless LOCAL AGENCY and its officers and employees from all claims, suits, or actions of every kind occurring by reason of anything done or omitted to be done by STATE under this Agreement. 19.3 Work-related Injuries. If a LOCAL AGENCY-assigned crew member is injured while performing maintenance services under this AGREEMENT, LOCAL AGENCY or its designated subcontractor shall be responsible for ensuring the crew member is given prompt medical care and treatment and, if necessary, transportation to a medical facility. LOCAL AGENCY or its designated subcontractor shall administer any injury and workers compensation claims. LOCAL AGENCY shall notify the STATE’s Area Maintenance Superintendent within twenty-four (24) hours when any such incident has occurred. Page 389 of 450 20. Prevailing Wages and Labor Compliance. LOCAL AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for public works or maintenance contracts and subcontracts executed for the LOCAL AGENCY’s maintenance services under this AGREEMENT. 21. Insurance.1 LOCAL AGENCY and its contractors and subcontractors shall maintain in force during the term of this AGREEMENT a policy of general liability insurance, including coverage of bodily injury 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. LOCAL AGENCY will provide a certificate of insurance evidencing this insurance in a form satisfactory to STATE. Self-Insured.2 LOCAL AGENCY is self-insured. LOCAL AGENCY shall deliver evidence of self-insured coverage providing general liability insurance, coverage of bodily injury and property damage liability, in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess by delivering a Letter Certifying Self-Insurance. The Letter of Self-Insurance must be substantially in the form of Exhibit C and identify the AGREEMENT number, and location as depicted in Exhibits A and B. LOCAL AGENCY shall provide the original Letter Certifying Self-Insurance as a condition to STATE’s execution of this AGREEMENT. A copy of the original letter shall be attached to this AGREEMENT as Exhibit C. Self-Insured3 using Contractor. If the work performed under this AGREEMENT is done by LOCAL AGENCY‘s contractor(s), LOCAL AGENCY 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 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. LOCAL AGENCY shall provide a certificate of insurance evidencing this insurance in a form satisfactory to STATE. 1 Delete if self-insured 2 Delete if not self-insured 3 Delete if not self-insured; include 2 and 3 if self-insured and LA is subcontracting the work. Need both a self-insurance certification letter and insurance certificate naming State as additional, covered insured. Page 390 of 450 22. Budget Contingency. STATE’s payments to LOCAL AGENCY are contingent upon the Legislature appropriating sufficient funds under the Budget Act, the allocation of funding by the Clean California State Beautification Program of 2021 as appropriate, and the encumbrance of funding to STATE’s District Office. 23. Termination. This AGREEMENT may be terminated by the mutual written consent of each PARTY. STATE may terminate this AGREEMENT for convenience or for cause upon thirty (30) days’ prior written notice to LOCAL AGENCY. LOCAL AGENCY may terminate this AGREEMENT upon thirty (30) days’ prior written notice to STATE . 24. Term of Agreement. This AGREEMENT shall become effective on the last of the dates each PARTY’s authorized representative has executed this AGREEMENT and shall expire on June 30, 2024, unless terminated or amended. 25. Authority. Each individual executing this AGREEMENT on behalf of each PARTY represents and warrants that he/she is duly authorized to execute this AGREEMENT as authorized under Streets and Highways Code Sections 114 and 130. LOCAL AGENCY represents and certifies that it has, through its regular political process, authorized the execution of this AGREEMENT by appropriate resolution, delegation, or plenary authority as required. 26. Counterparts. This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. Page 391 of 450 27. Electronic Signatures. Electronic signatures of the PARTIES, whether digital or encrypted, are intended to authenticate this written AGREEMENT, and shall have the same force and effect as manual signatures for this AGREEMENT. THE LOCAL AGENCY OF CITY OF SAN LUIS OBISPO STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION TOKS OMISHAKIN, DIRECTOR Dated: Dated: Erica A. Stewart Mayor By: INITIATED AND APPROVED: Dated: Dated: Derek Johnson, City Manager Deputy District Director Maintenance District 5 Dated: Teresa Purrington, City Clerk APPROVED AS TO FORM APPROVED AS TO FORM AND PROCEDURE Dated: Dated: City Attorney Attorney Dept. of Transportation Page 392 of 450 EXHIBIT A State Route from PM to PM 1 L 16.70 17.72 Page 393 of 450 EXHIBIT B BREAKDOWN & LISTING OF MAINTENANCE TASKS Rte No. Post Miles Litter (per Bag) CY Large Items CY Graffiti Sq. Ft. Traffic Control Other Maximum Authorized Expenditures $ $ $ $ $ 1 L 16.70 to 17.72 TOTAL MAXIMUM AUTHORIZED EXPENDITURES: $50,000 Page 394 of 450 EXHIBIT C LETTER CERTIFYING CITY’S SELF-INSURED STATUS (TEMPLATE) On Local Agency letterhead Caltrans – District 5 ________________, 20___ ATTN: Steve Talbert Re: Statement of Self-Insurance for CITY of San Luis Obispo for Clean California Maintenance Agreement No. CCMA 05-21-ST05 with California Department of Transportation for the ____________along SR 1 within the San Luis Obispo City Limits Dear Steve: This letter certifies that the CITY of San Luis Obispo is self-insured and self-funded covering third-party claims arising out of its general operations (i.e.; 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 and property damage liability, meets the required coverage amounts in section 21 (Insurance) of the Clean California Maintenance Agreement, specifically general liability insurance, coverage of bodily injury and property damage liability in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. If you need any additional information regarding this letter, please direct those inquiries through my office. Sincerely, Finance Manager/Risk Manager/Authorized Representative’s Title Page 395 of 450 Page 396 of 450 R ______ RESOLUTION NO. _____ (2021 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A REIMBURSEMENT AGREEMENT WITH CALTRANS FOR THE CLEAN CALIFORNIA PROGRAM WHEREAS, the State of California has adopted the Clean California Program as a transformative initiative to remove litter, create jobs, and beautify California; and WHEREAS, a section of Highway 1 traverses through the City of San Luis Obispo; and WHEREAS, Mile marker 16.70 - 17.72 of Highway 1 within the City’s limits is eligible for reimbursement of the City’s costs associated with maintenance and cleanup of that portion of highway through the Clean California Program; and WHEREAS, maintaining the State Right-of-Way within the City’s limits is essential to transform unsightly roadsides into spaces of pride for all Californians. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Page 397 of 450 Resolution No. _____ (2021 Series) Page 2 R ______ SECTION 1. Council authorizes the Mayor and the City Manager to enter into a reimbursement agreement with Caltrans for the Clean California Program . Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________________ 2021. ___________________________ Mayor Erica A. Stewart ATTEST: __________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: ___________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________ Teresa Purrington City Clerk Page 398 of 450