negotiations, new equipment, overtime, standby, and extra part time workers (if needed).
Compliance with City Council Strategic Plan or Budget Goals This recommendation is consistent with the ongoing effort to be responsive and transparent regarding all financial matters.
Public Notice
A notice was posted 72 hours in advance of the City Council meeting at City Hall, made available at the Administration public counter, and placed on the City website for review. At the time this report was prepared no comments had been received.
Environmental Review
No environmental review is required.
Attachments
1. Resolution No. 2024-R-013
2. Exhibit A- Agreement 03-BUT 099
RESOLUTION NO.
2024-R-013
A RESOLUTION TO ENTER INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION FOR THE MAINTENANCE OF FRONTAGE IMPROVEMENTS, LIGHTING,
LANDSCAPING, IRRIGATION AND ANY OTHER COMPONENTS WITHIN THE STATE RIGHT-OF-WAY FOR
AND TO AUTHORIZE THE MAYOR AND THE CITY ADMINISTRATOR TO EXECUTE THE AGREEMENT ON
BEHALF OF THE CITY COUNCIL
WHEREAS, the City of Gridley desires to improve the State Route 99 corridor to ensure vehicular and pedestrian safety are improved; and, WHEREAS, the State of California Department of Transportation has agreed to and partnered with the City of Gridley to enhance the visual aesthetics of the State Route 99 corridor from the south boundary proximate to West Liberty Road to the north boundary of the City consisting of the installation of curb, gutter, sidewalk, landscaping, irrigation, and lighting; and, WHEREAS, the City of Gridley will enter into an agreement with the State of California, Department of Transportation for the maintenance of such improvements, and that said maintenance responsibility lies solely with the City of Gridley.
WHEREAS, the City Council desires to authorize the Mayor and the City Administrator to execute the agreement on behalf of the City Council.
NOW, THEREFORE, BE IT RESOLVED:
1. The City of Gridley authorizes the Mayor and the City Administrator execute an agreement between the City of Gridley and the State of California for 03-BUT-099, PM 3.10-5.00, in accordance with the attached Exhibit A.
****
I HEREBY CERTIFY that the foregoing resolution was introduced, passed, and adopted by the City Council of the City of Gridley at a regular meeting held on the 6th day of May, 2024 by the following vote:
AYES: AGENCY MEMBERS
NOES: AGENCY MEMBERS
ABSTAIN: AGENCY MEMBERS
ABSENT: AGENCY MEMBERS
ATTEST:
____________________________
Elisa Arteaga, City Clerk
APPROVE:
_______________________________
_ Michael w. Farr, Mayor
11/27/2023
City of Gridley
State Route 99 Rehabilitation Project
03-BUT-099, PM R3.10 – 5.00
1 MAINTENANCE AGREEMENT
WITH THE CITY OF GRIDLEY
THIS AGREEMENT is made effective this ______ day of ____________, 20__, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the CITY of Gridley; hereinafter referred to as “CITY” and collectively referred to as “PARTIES.”
1. This Agreement addresses CITY responsibility for the curb, gutter, sidewalk, landscaping, curb ramps, and driveways (collectively the “IMPROVEMENTS”); and for the decorative pedestrian lighting (collectively the “LIGHTING”), placed within State Highway right of way on State Route 99, 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 IMPROVEMENTS AND LIGHTING 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 IMPROVEMENTS and LIGHTING conforming to those plans and specifications (PS&E) pre-approved by STATE. CITY will have in place a 11/27/2023
City of Gridley
State Route 99 Rehabilitation Project
03-BUT-099, PM R3.10 – 5.00
2 valid necessary encroachment permit 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 IMPROVEMENTS and LIGHTING 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 IMPROVEMENT and LIGHTING system that has become unsafe or unsightly.
5.3. To furnish electricity for irrigation system controls, and lighting system controls for all pedestrian 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 3 Maintenance at 703 B Street, Marysville, CA 95901.
11/27/2023
City of Gridley
State Route 99 Rehabilitation Project
03-BUT-099, PM R3.10 – 5.00
3 5.6. CITY shall ensure IMPROVEMENTS and LIGHTING 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 IMPROVEMENTS AND LIGHTING in an expeditious manner.
5.7. To MAINTAIN all parking or use restrictions signs encompassed within the area of the IMPROVEMENTS and LIGHTING.
5.8. To remove IMPROVEMENTS, LIGHTING, 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. CITY, at CITY’s sole cost and expense, shall remove all graffiti from the IMPROVEMENTS and LIGHTING. CITY is solely responsible for ensuring that any graffiti that in any way resembles a mural, artwork, paintings, or other similar elements shall not be removed without the written authorization of STATE. Graffiti removal must protect air and water quality as required by law. CITY shall conform to the terms stated in STATE’s Maintenance Manual, Volume 1, Family D Chapter, D1.06.
9. CITY shall remove Persons Experiencing Homelessness (PEH) and any structures, personal property, debris, and/or other items related to the encampment from the Locations shown in Exhibit A, subject to applicable State and Federal law.
Nothing in this Agreement grants or waives the right of California Highway Patrol (CHP) and other law enforcement agencies having jurisdiction over the Locations in shown in Exhibit A.
10.LEGAL RELATIONS AND RESPONSIBILITIES:
10.1. 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 11/27/2023
City of Gridley
State Route 99 Rehabilitation Project
03-BUT-099, PM R3.10 – 5.00
4 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.
10.2. If during the term of this Agreement, CITY should cease to MAINTAIN the IMPROVEMENTS and LIGHTING 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 IMPROVEMENTS and LIGHTING 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 IMPROVEMENTS and LIGHTING, STATE will provide written notice to CITY to cure the default and CITY will have thirty (30) days within which to affect that cure.
10.3. 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 the exception of those actions of STATE necessary to cure a noticed default on the part of CITY.
10.4. 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.
11/27/2023
City of Gridley
State Route 99 Rehabilitation Project
03-BUT-099, PM R3.10 – 5.00
5 10.5. PREVAILING WAGES:
10.5.1. 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.
10.5.2. 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.
11.INSURANCE
11.1. SELF-INSURED - CITY is self-insured. CITY 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 meets the coverage requirements of this section. This Letter of Self-Insurance shall also identify the IMPROVEMENTS and LIGHTING location as depicted in EXHIBIT A. CITY 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.
11.2. SELF-INSURED using Contractor - If the work performed under this AGREEMENT is done by CITY‘s contractor(s), CITY 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, 11/27/2023
City of Gridley
State Route 99 Rehabilitation Project
03-BUT-099, PM R3.10 – 5.00
6 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.
12. 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.
13. 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.
11/27/2023
City of Gridley
State Route 99 Rehabilitation Project
03-BUT-099, PM R3.10 – 5.00
7 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 GRIDLEY STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By: __________________________
Mayor/Chairmen
Initiated and Approved
By: ___________________________
CITY Manager
By: ___________________________
Deputy District Director
Maintenance District 03
ATTEST:
By: __________________________
CITY Clerk
By: __________________________
CITY Attorney
11/27/2023
City of Gridley
State Route 99 Rehabilitation Project
03-BUT-099, PM R3.10 – 5.00
8 EXHIBIT B – STATEMENT OF SELF INSURANCE FOR CITY OF GRIDLEY California Department of Transportation _______20__
703 B Street
Marysville, CA 95901
ATTN: Thomas Mutunga, District 3 Maintenance Project Delivery Liaison
CITY OF GRIDLEY
Department of Finance
RE: Statement of Self Insurance for City of Gridley (“CITY”) Related to Maintenance Agreement with the State of California, acting by and through the Department of Transportation, (“STATE”) for improvements and lighting along STATE Route 99 in the County of Butte Between Post Mile R3.10 and Post Mile 5.10, MA - City of Gridley-03-BUT099-PM R3.10 – PM 5.00 (“Maintenance Agreement”).
Dear Mr. Mutunga,
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 11 (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 inquiries through my office.
FINANCE MANAGER
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