HomeMy WebLinkAboutCALTRANS - Delegated Graffiti Maintenance Agreement with City of Fresno 9.30.202210/8/2021
City of Fresno
SR 41, 99, 168 & 180
DELEGATED GRAFFITI MAINTENANCE AGREEMENT
WITH THE CITY OF FRESNO
THIS AGREEMENT, is made effective this 30 day of L t[�,,,- 2021, by and
between the State of California, acting by and through the Department of
Transportation, hereinafter referred to as "STATE," and the City of Fresno, a California
municipal corporation; hereinafter referred to as "CITY"; and collectively referred to as
"PARTIES".
AGREEMENT
1. The PARTIES desire to provide that CITY perform specific maintenance functions on
the STATE highways within the CITY as authorized in Section 130 of the Streets and
Highways Code.
2. The CITY will perform such maintenance work as is specifically delegated to it, on the
identified State highway routes, or portions thereof, all as hereinafter described under
this agreement and Exhibit A.
3. There is an existing Delegated Litter Maintenance Agreement with CITY dated
July 25, 2019. This agreement is not meant to replace or supersede the earlier
agreement.
4. 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.
5. The functions and levels of maintenance service delegated to the CITY in the
attached Exhibit A, have been considered in setting authorized total dollar amounts.
The CITY may perform additional work if desired, but the STATE will not reimburse the
CITY for more than the authorized dollar limits established herein.
5.1. The CITY will provide graffiti abatement on exterior surfaces of the State's
highways infrastructure, assets, and facilities at locations listed in the Table
shown in Exhibit A.
5.2. The CITY will provide the STATE's Caltrans Area Superintendent a weekly graffiti
abatement schedule, in advance, no less than 24-hour notice, prior to any
litter removal activity involving STATE highways or the STATE's right-of-way. CITY
will notify STATE before 8:00 a.m. on days CITY crews are unable to work.
5.3. STATE is to provide the necessary safety instruction to CITY crews. At its sole
expense, STATE agrees to provide technical direction to oversee the work
being performed under the terms of this agreement.
10/8/2021
City of Fresno
SR 41, 99, 168 & 180
5.4. If CITY deems an area is inaccessible or traffic control is needed, CITY will notify
STATE, and CITY will not proceed with the removal. STATE may provide a
shadow vehicle (as STATE deems necessary and at its sole expense) for
scheduled graffiti abatement on State rights -of -way.
5.5. CITY'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. CITY shall discuss such possible art with STATE's District 6
Transportation Art Coordinator before conducting any graffiti removal or
remediation.
6. The STATE will reimburse the CITY for the actual cost of all routine maintenance work
performed by the CITY, as delegated under Exhibit A to this Agreement. It is agreed
that during any fiscal year, the maximum expenditure on any route shall not exceed
the amount as shown in Exhibit A to this Agreement unless such expenditure is revised
by an amended Agreement or otherwise adjusted or modified as hereinafter
provided for.
7. Upon written request by CITY the expenditure per route for routine maintenance
work, as referred to in Exhibit A, may be increased, decreased, redistributed between
routes, or additional expenditures for specific projects may be made by STATE.
However, such adjustments should be authorized in writing by the District Director or
his authorized representative and accepted in writing by CITY. Exhibit A need not be
formally amended for this purpose.
8. Additional expenditures or an adjustment of expenditures as described in Article 7
above, once authorized shall apply only for the fiscal year designated therein and
shall not be deemed to permanently modify or change the basic maximum
expenditure per route as specified in Exhibit A. An adjustment of any said maximum
expenditure, either an increase or decrease, shall not affect other terms of the
Agreement.
9. Exhibit A can be amended as necessary by written concurrence of PARTIES to reflect
any future changes, deletion or additions or to ensure an equitable annual cost
allocation.
IO.The CITY will submit bills in a consistent periodic sequence (monthly, quarterly,
semiannually, or annually). Bills for less than $500 shall not be submitted more than
once each quarter. Bills must be submitted promptly following the close of STATE's
fiscal year on each June 30th and should be coded according to the Caltrans HM
Program Code as outlined in this Agreement. Bills submitted for periods prior to the
last fiscal year will be deemed waived and will not be honored.
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City of Fresno
SR 41, 99, 168 & 180
11. Maintenance services provided by contract or on a unit -rate basis with overhead
costs included shall not have these above -mentioned charges added again. An
actual handling charge by the CITY for the direct cost of processing this type of bill
will be allowed.
12. LEGAL RELATIONS AND RESPONSIBILITIES
12.1. Nothing in the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties not parties to this contract or to affect the
legal liability of either PARTY to the contract by imposing any standard of care
respecting the maintenance of State highways different from the standard of
care imposed by law.
12.2. 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 orjurisdiction conferred
upon CITY under this Agreement. It is understood and agreed that CITY will fully
defend, indemnify, and save harmless STATE and all 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.
12.3. 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
conferred upon STATE under this Agreement. It is understood and agreed that
STATE will fully defend, indemnify, and save harmless CITY and all 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 STATE under this Agreement.
13. PREVAILING WAGES:
13.1. 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,
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City of Fresno
SR 41, 99, 168 & 180
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.
13.2. Prevailing Waae 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.
14.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 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.
15.STATE costs and expenses assumed under the terms of this Agreement are
conditioned upon the passage of the annual State of California Budget by the
Legislature, the allocation of funding by the California Transportation Commission as
appropriate, and the encumbrance of funding to the District Office of STATE to pay
the billing by CITY.
16.TERMINATION - This Agreement may be terminated by mutual written consent by
PARTIES or by STATE for cause upon thirty (30) days' notice to the other party. CITY's
failure to comply with the provisions of this Agreement may be grounds for a Notice
of Termination by STATE.
17.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
as set forth in Article 16 above.
PARTIES are empowered by Streets and Highways Code section 114 and 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.
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City of Fresno
SR 41, 99, 168 & 180
IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year
first above written.
THE CITY OF FRESNO
Initiated and Approved
SCOTT L. MOZIER, PE &�
Public Works Director
ATTEST:
By: z3fA d& L-�(
City QTerk 4ttZ
By:nz-'4
PAULINE BRICKEY
Deputy City Attorney
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
TOKS OMISHAKIN
Director of Transportation
By: —
D uty Di nct Director
aintenance District 6
5
EXHIBIT A
DELEGATION OF MAINTENANCE
Route
Length
Description of Routing
Program
Maximum Annual
No.
Miles
Delegated
Authorized
Expenditure
41
13.34
SR 41 within Fresno City Limits
HM2D
$17,900
PM 20.1 - 33.44
99
12.98
SR 99 within Fresno City Limits
HM2D
$17,300
PM 16.597 - 29.58)
168
4.7
SR 168 within Fresno City Limits
HM21D
$6,200
(PM 0.1 R - 4.8)
180
6.48
SR 180 within Fresno City Limits
HM2D
$8,600
PM 54.661 - 61.142)
TOTAL AUTHORIZED EXPENDITURE: $50,000
MAINTENANCE FUNCTION DESCRIPTION
HMTBD - Graffiti - The CITY will provide graffiti abatement on exterior surfaces of the
State's highways infrastructure, assets, and facilities at locations listed in the Table listed
above.
The CITY will provide the STATE's Caltrans Area Superintendent a weekly graffiti
abatement schedule, in advance, no less than 24-hour notice, prior to any litter
removal activity involving STATE highways or the STATE's right-of-way. CITY will notify
STATE before 8:00 a.m. on days CITY crews are unable to work.
STATE is to provide the necessary safety instruction to CITY crews. At its sole expense,
STATE agrees to provide technical direction to oversee the work being performed
under the terms of this agreement.
If CITY deems an area is inaccessible or traffic control is needed, CITY will notify STATE,
and CITY will not proceed with the removal. STATE may provide a shadow vehicle (as
STATE deems necessary and at its sole expense) for scheduled graffiti abatement on
State rights -of -way.
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EXHIBIT B
Insert (CT District) addressee information 20_
ATTN: (name of CT representative)
City
Department of Finance
RE: Statement of Self Insurance for Related to Maintenance
Agreement with State of California Department of Transportation ("STATE") for the
along Highway at
Dear
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 15.1
(INSURANCE) of the MaintOnance 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 inquires
through my office.
Sincerely,
FINANCE MANAGER
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