CITY/COUNTY
City/County
CLEAN CALIFORNIA MAINTENANCE AGREEMENT
WITH THE CITY OF FULLERTON
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 FULLERTON (“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, including highway and freeway areas 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 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 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 only perform maintenance services in the STATE Right of Way locations described in Exhibit A and listed in Exhibit B.
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 12 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: Raul Godinez
STATE’s DMAC is: Zachary Paul
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: Raul Godinez
Address: 303 W Commonwealth Ave
City, Zip: Fullerton, CA 92832
STATE
Attn: Name of DMAC: Zachary Paul
Address: 1750 E. 4th Street
City, Zip: Santa Ana, CA 92705
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 12 Transportation Art Coordinator before conducting any graffiti removal or remediation. STATE shall pay the cost of LOCAL AGENCY’s graffiti removal based on the square- foot measured area where graffiti is removed (See, Exhibit B).
9. Maintenance Service Schedule. LOCAL AGENCY shall provide STATE’s District 12 Area Maintenance
Superintendents, Anna Hernandez and Rex McConnell, at least twenty-four (24) hours prior telephone or email notice before performing any maintenance services under this AGREEMENT. Their email and phone number are [email protected]/(949) 233-7055 and [email protected]/(949) 648-6366. LOCAL AGENCY shall provide the DMAC identified in this AGREEMENT with a litter, debris and graffiti removal schedule. Maintenance services shall be provided at a minimum weekly 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 through the DMAC prior written approval from STATE’s District Maintenance Supervisor to perform 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 2021have 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.
12. Billing, Payment and Reporting.
12.1 Billing Date. LOCAL AGENCY shall submit billing invoices to STATE’s DMAC each (month/quarter) beginning after the first
(month/quarter) 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 30 th.
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; 12-22-HS005
(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.
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 _12 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 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 (Performance Report). 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 DMAC 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 make arrangements through the DMAC if traffic controls, flags, signs, or lane closures are necessary to safely perform any maintenance services.
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 DMAC 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 contracts and subcontracts executed for the LOCAL AGENCY’s maintenance services under this AGREEMENT.
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-Insured
3 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.
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.
21. 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.
22. 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) day prior written notice to LOCAL AGENCY. LOCAL AGENCY may terminate this AGREEMENT upon thirty (30) day prior written notice to STATE.
23. 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.
24. 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.
25. 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.
26. 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 Fullerton
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
TOKS OMISHAKIN, Director
Dated:
Mayor/Chairman Dated:
INITIATED AND APPROVED:
By:
Dated:
Title:
Local Agency
Manager
Dated:
Local Agency Clerk
APPROVED AS TO FORM APPROVED AS TO FORM AND PROCEDURE Dated:
Dated:
Local Agency Attorney Attorney
Dept. of Transportation
EXHIBIT A
Route
No.
Location Description of Routing Program Code
I-5/SR91 Magnolia
Ave
Magnolia Ave undercrossing, shoulders CLEANCADMA
SR91 Brookhurst St On-ramps, off-ramps, undercrossing,
shoulders
CLEANCADMA
SR91 Euclid St On-ramps, off-ramps, undercrossing,
shoulders
CLEANCADMA
SR91 Harbor Blvd On-ramps, off-ramps, overcrossings,
shoulders
CLEANCADMA
SR91 Raymond
Ave
On-ramps, off-ramps, undercrossing,
shoulders
CLEANCADMA
SR57 Chapman
Ave
On-ramps, off-ramps, overcrossing,
shoulders
CLEANCADMA
SR57 Nutwood
Ave
On-ramps, off-ramps, undercrossing,
shoulders
CLEANCADMA
SR57 Yorba Linda
Blvd
On-ramps, off-ramps, overcrossing,
shoulders
CLEANCADMA
SR57 Bastanchury
Rd
Undercrossing and shoulders CLEANCADMA
SR57 Rolling Hills
Dr
Undercrossing and shoulders CLEANCADMA
SR57 Associated
Rd
Undercrossing and shoulders CLEANCADMA
SR90/SR57 Imperial
HWY
On-ramps, off-ramps, shoulders CLEANCADMA
ORANGETHORPE AVE
HARBOR BLVD
STATE COLLEGE BLVD
RAYMOND AVE
EUCLID AVE
GILBERT STCOMMONWEALTH AVEMALVERN AVE
BREA BLVDBASTANCHURY RDHARBOR BLVD
BASTANCHURY RDROSECRANS AVEYORBA LINDA BLVD
VALENCIA AVECHAPMAN AVE
PIONEER AVE
EUCLID AVE
BROOKHURST ST
LEMON ST
57 91
IMPERIAL HWY
NUTWOOD AVECAL STATEFULLERTON
BASTANCHURY RD
91 ROLLINGHILLS DRASSOCIATED RD
MAGNOLIA AVE
57 LOCATIONS#CITY ROADCALTRANSCITY OF FULLERTON RIGHT OF WAY EXHIBIT N.T.S
EXHIBIT B
BREAKDOWN & LISTING OF MAINTENANCE TASKS
Route
No.
Location Litter
Disposal
Large
Items
Graffiti
Sq. Ft.
Traffic
Control
Maximum
Authorized
Expenditures
I-5/SR91 Magnolia
Ave
LOCAL
AGENCY
LOCAL
AGENCY
NA NA ACTUAL
COST
SR91 Brookhurst St LOCAL
AGENCY
LOCAL
AGENCY
NA NA ACTUAL
COST
SR91 Euclid St LOCAL
AGENCY
LOCAL
AGENCY
NA NA ACTUAL
COST
SR91 Harbor Blvd LOCAL
AGENCY
LOCAL
AGENCY
NA NA ACTUAL
COST
SR91 Raymond
Ave
LOCAL
AGENCY
LOCAL
AGENCY
NA NA ACTUAL
COST
SR57 Chapman
Ave
LOCAL
AGENCY
LOCAL
AGENCY
NA NA ACTUAL
COST
SR57 Nutwood
Ave
LOCAL
AGENCY
LOCAL
AGENCY
NA NA ACTUAL
COST
SR57 Yorba Linda
Blvd
LOCAL
AGENCY
LOCAL
AGENCY
NA NA ACTUAL
COST
SR57 Bastanchury
Rd
LOCAL
AGENCY
LOCAL
AGENCY
NA NA ACTUAL
COST
SR57 Rolling Hills
Dr
LOCAL
AGENCY
LOCAL
AGENCY
NA NA ACTUAL
COST
SR57 Associated
Rd
LOCAL
AGENCY
LOCAL
AGENCY
NA NA ACTUAL
COST
SR90/SR57 Imperial
HWY
LOCAL
AGENCY
LOCAL
AGENCY
NA NA ACTUAL
COST
TOTAL MAXIMUM AUTHORIZED EXPENDITURES: $210,500
EXHIBIT C
Evidence of Self-Insurance
[Required documentation pending award of contract]