HomeMy WebLinkAbout12-20-2021 Dept. of Transportation - Clean CA Maint. Agreement (waiting for external signatures)
CLEAN CALIFORNIA MAINTENANCE AGREEMENT
WITH THE CITY OF SAN LUIS OBISPO
This CLEAN CALIFORNIA MAINTENANCE AGREEMENT is made by
and between the State of California, acting by and through the Department of
Transportation and the City of San Luis Obispo
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
jurisdictional limits as authorized in Streets and Highways Code
Section 130.
2. 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
.
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 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.
5. Amendment to Agreement.
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. 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.
Nehemiah Stephenson
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
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 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
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
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 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 District 5 Transportation Art Coordinator
(<Caltrans.Art.D5@dot.ca.gov>) before conducting any graffiti removal or
remediation.
9. Maintenance Service Schedule. LOCAL AGENCY shall provide 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
intendent 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
servic
reimbursement shall not exceed the maximum authorized expenditures under
this AGREEMENT.
11.1 Amendment to Approved Expenditures. Upon 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.
12. Billing, Payment and Reporting.
12.1 Billing Date. LOCAL AGENCY shall submit billing invoices to
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
th
the close of STAT.
12.2 Billing Submission Format. Each billing invoice shall include all of the
following:
(a) : 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) 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
-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 jurisdictional limits.
14. Encroachment Permits. Before LOCAL AGENCY may enter STATE right of way
to perform any maintenance services in the areas covered by this
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-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
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
l 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
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.
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
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
Maintenance Superintendent within twenty-four (24) hours when any
such incident has occurred.
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 services under this AGREEMENT.
1
21. Insurance. 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.
2
Self-Insured. 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-
of this AGREEMENT. A copy of the original letter shall be attached to this
AGREEMENT as Exhibit C.
3
Self-Insured using Contractor. If the work performed under this AGREEMENT is
done by LOCAL AGENCYLOCAL 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.
22. Budget Contingency. STATEs 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 District
Office.
23. Termination. This AGREEMENT may be terminated by the mutual written
consent of each PARTY. STATE may terminate this AGREEMENT for
AGENCY. LOCAL AGENCY may terminate this AGREEMENT upon thirty (30)
prior written notice to STATE.
24. Term of Agreement. This AGREEMENT shall become effective on the last of the
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.
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.
CITY OF STATE OF CALIFORNIA
THE LOCAL AGENCY OF
SAN LUIS OBISPO DEPARTMENT OF TRANSPORTATION
TOKS OMISHAKIN, DIRECTOR
Dated: Dated:
Erica A. Stewart, Mayor
By:
I NITIATED AND A PPROVED:
Dated: Dated:
Steve Talbert, Deputy
Derek Johnson,
District Director
City Manager
Maintenance District 5
Dated:
Teresa Purrington,
City Clerk
A PPROVED AS TO F ORM A PPROVED AS TO F ORM AND P ROCEDURE
Dated: Dated:
Attorney
J. Christine Dietrick,
Dept. of Transportation
City Attorney
EXHIBIT A
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EXHIBIT B
BREAKDOWN & LISTING OF MAINTENANCE TASKS
Rte Post Miles Litter Large Graffiti Traffic Other Maximum
(per Items Authorized
No. Sq. Ft. Control
Expenditures
Bag) CY
CY
$ $ $ $ $
1 L 16.70 to 17.72
TOTAL MAXIMUM AUTHORIZED EXPENDITURES: $50,000
City of San Luis Obispo, Human Resources, 990 Palm Street, San Luis Obispo, CA, 93401-3249, 805.781.7250, slocity.org
December 1, 2021
Caltrans District 5
ATTN: Steve Talbert
Re: Statement of Self-Insurance for City of San Luis Obispo for Clean California Maintenance
Agreement No. CCMA 05-22-ST05 with California Department of Transportation for the
Litter and Debris Removal 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-
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-
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,
Candace Havens,
Senior Human Resources Analyst
Safety and Risk Management