R ev. 12/2021
CLEAN CALIFORNIA MAINTENANCE AGREEMENT
WITH THE CITY OF OAKLAND
T
his 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 Oakland (“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 m aintenance 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, debris, and graffiti 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 Attachment B
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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) and LOCAL AGENCY must obtai n prior written approval of any amendments from the District 04 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: Victoria Chak
STATE’s DMAC is: Victor Pereyra
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: Victoria Chak
Oakland Public Works – Bureau of Environment
7101 Edgewater Drive, Building #2
Oakland, CA 95621
STATE
Attn: DMAC: Victor Pereyra
111Grand Ave
Oakland, CA 94612
7. Restricted 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 not conduct activities which are inconsistent with th e 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 Encampments. If LOCAL AGENCY encounters homeless encampments within STATE Right of Way, LOCAL AGENCY may conduct trash collection near or within encampments, so long as it does not result in the displacement of people. Within the encampment itself, only those items designated as trash and items requested to be removed should be taken.
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7.3 Abandoned Encampments. If LOCAL AGENCY encounters abandoned homeless encampments within STATE Right of Way, LOCAL AGENCY may clear any remaining trash or debris from the former encampment site so long as no people remain onsite and no people are forced to leave or be displaced.
7.4 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; Brad Mustard, for appropriate action.
7.5 Weed Abatement. LOCAL AGENCY may perform weed abatement but shall not 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 04, Transportation Art Coordinator; David Eng, before conducting any graffiti removal or remediation. STATE shall pay the actual cost of LOCAL AGENCY’s graffiti removal as specified in Section 11 of this AGREEMENT.
9. Maintenance Service Schedule. LOCAL AGENCY shall provide to STATE’s District 04 Area Maintenance Superintendent; David Despain, a schedule via email notice before performing any maintenance services under this AGREEMENT. His email and phone number
are:_____________________________________LOCAL AGENCY shall provide the DMAC identified in this AGREEMENT with a litter, debris and graffiti removal schedule, as well. Maintenance services shall be provided at a minimum on a 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 a 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 2021 have been considered in setting authorized total dollar amounts .
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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 listed in Exhibit B.
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 wit h 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 beginning after the first month that LOCAL AGENCY has performed maintenance services under this AGREEMENT. LO CAL 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;
(c) Date(s) of services;
(d) Location of services;
(e) Number of bags collected, number of bulky and large items; (f) Receipts for trash disposal;
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(g) Receipts for equipment, materials and supplies; and (h) LOCAL AGENCY’s Performance 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’ successor s-in-interest, including, but not limited to any public entity to whom any part of the STATE R ight 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. Performance Monitoring. LOCAL AGENCY shall prepare a Performance Report to record and report the quantity and description of litter , debris, and graffiti 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, debris, and graffiti removed, including disposal receipts from authorized disposal sites and/or landfills. The DMAC will request that LOCAL AGENCY provide photographs of the sites taken before and after LOCAL AGENCY’s maintenance services are performed.
15. 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.
16.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.
17.Equipment and Supplies. LOCAL AGENCY shall provide the necessary equipment, tools, personal protective equipment , materials, supplies and Rev. 12/2021
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 Exhibit B.
18. Legal Relations and Responsibilities.
18.1 No Third-party Beneficiaries. This AGREEMENT is not intended to create duties, obligations, or rights of third parties beyond the PARTIES to this AGREEMENT, or does this AGREEMENT affect a PARTY’s legal liability by imposing any standard of care for the maintenance of S TATE highways different from the standard of care imposed by law.
18.2 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 b e done by STATE under this Agreement.
18.3 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.
19. Prevailing Wages and Labor Compliance. LOCAL AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Rev. 12/2021
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.
20. Insurance
Self-Insured. LOCAL AGENCY is self -insured. LOC AL 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 Exhibit s 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 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.
21.Budget Contingency. STATE’s payment s to LOCAL AGENCY are contingent upon the Legislature appropriating sufficient funds under the Budget Act, the allocation of funding by the Clean Cal ifornia State Beautification Program of 2021 as appropriate, and the encumbrance of funding to STATE’s District Office.
22. Termination. This A GREEMENT 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 Rev. 12/2021
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 CITY OF OAKLAND
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
Dated:
Dated:
City Administrator
District Deputy Director
District
INITIATED AND APPROVED:
Dated:
City Clerk
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EXHIBIT A
(Place holder for tables and/or maps showing and describing the areas for the liter, debris, and graffiti removal operations to be performed)
Route
No.
Length
Miles
Description of Routing Program Code
CLEANCADMA
CLEANCADMA
CLEANCADMA
CLEANCADMA
CLEANCADMA
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EXHIBIT B
BREAKDOWN & LISTING OF MAINTENANCE TASKS
Rte
No.
Post
Miles
Litter
per
Bag
(EA)
Large
Items
Graffiti
Sq. Ft.
Traffic
Control
Other
(EA)
Maximum Authorized
Expenditures
$ $ $ $ $
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TOTAL MAXIMUM AUTHORIZED EXPENDITURES: _________________
EXHIBIT C
LETTER CERTIFYING CITY’S/COUNTY’S SELF-INSURED STATUS (TEMPLATE) On Local Agency letterhead
Insert (CT District) addressee information ________________, 20___ ATTN: (name of CT representative)
Re: Statement of Self-Insurance for CITY/COUNTY of__________________ for Clean California Maintenance Agreement No.__________with California Department of Transportation for the ____________along
SR_____________at________________
Dear ______________________:
This letter certifies that the CITY/COUNTY of ________________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/COUNTY is self -insured covering workers’ compensation claims and has received the consent of the State Department of Industrial Relations to do so.
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Each fiscal year, as a part of its budgetary process, the CITY/COUNTY appropriates funds s pecifically to satisfy valid third- party claims and workers’ compensation claims, which may be brought against the CITY/COUNTY.
The CITY/COUNTY certifies its self -insured, general liability coverage for bodily injury and property damage liability, and 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