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HomeMy WebLinkAboutAGENDA REPORT 1998 0916 CC REG ITEM 10Cis g' 10(7�� 0 CITY OF MOORPARK, CALIFORNIA City Council Meeting Of _q S ACTION: V r oyed og +i o n 2 n S1-a%� re Port , DiStTicf QS n+ hof Inc ude AGENDA REPORT BY- C = TY OF MOORPARK TO: The Honorable City Council FROM: Kenneth C. Gilbert, Director of Public Works DATE: September 10, 1998 (CC Meeting: 9- 16 -98) SUBJECT: Consider Options for the Administration of Contracts for the Construction of Proposed Traffic Signal and Related Improvements At and Near the Intersection of Casey Road and Walnut Canyon Road This presents a request from the Moorpark Unified School District (DISTRICT) for the City to assume the lead role in the completion of the subject project. 1. DISTRICT Property: The DISTRICT is in the process of developing a portion of the old High School site as a new elementary school. That project is on- going. There are a number of outstanding issues between the City and the DISTRICT regarding grading and payment of fees. 2. West End of Casey Road: The DISTRICT has prepared a design and intends to construct street improvements along the south side of Casey Road at and west of the Boys and Girls Club Gym. That project will not include widening and improvements to the north side of the road. Accordingly, the full width improvements (two 12' travel lanes and two 12' parking / Bike Lanes) will not be constructed. However, the work on the south side of the street will be done in accordance with a design standard (street width) and an alignment plan which has been approved by the City Council. casay5 V'VV�sli�� Casey Road / Walnut Canyon Road September 10, 1998 Page 2 B. C. 3. Casey Road Realignment: The City has approved the proposed re- alignment of the east end of Casey Road to move the intersection of Casey Road and Walnut Canyon Road to the south approximately forty feet (401). The purpose for the re- alignment is to improve the geometric design of the intersection to be more compatible with the proposed installation of a traffic signal. 4. Casey Road / Walnut Canyon Road Improvements [Traffic Signal]: The DISTRICT has been working with Caltrans for a number of months on a project to construct improvements to Casey Road and Walnut Canyon Road, said project to include: a) the re- alignment and construction of street improvements to Casey Road; b) the construction of sidewalk and related improvements to the east side of Walnut Canyon Road [Route 231; and, c) the installation of a traffic signal. 5. City's Role: Up to this point the role of the City was to be restricted to the plan checking and inspection of only the Casey Road improvements. Other than cursory oversight, the City has not, and had not intended to, become involved with the plan checking and inspection of the traffic signal and other improvements proposed to be constructed within the Caltrans right -of -way. It had been the intent of the DISTRICT to enter into a Cooperative Agreement with Caltrans to allow for Caltrans' payment of one -half of the construction costs for the traffic signal and related Walnut Canyon Road improvements. However, the DISTRICT and the City were recently advised by Caltrans that they could only execute such an Agreement with a City or County (see letter attached as Exhibit 1). This project is on hold pending resolution of this item. The City is in receipt of a request from the DISTRICT that the City enter into the Cooperative Agreement with Caltrans for this project, in order to facilitate the partial Caltrans funding of the project. It is understood that, prior to the City executing the Cooperative Agreement with Caltrans, that the City and the DISTRICT would enter into a separate agreement designed to reimburse the City for all costs related to this additional involvement in the project, and to indemnify and hold the City harmless of any liability associated with the design, construction, inspection and administration of the project. cassyS ��:,kla b Casey Road / Walnut Canyon Road September 10, 1998 Page 3 D. Cry / DISTRICT Agreement The Agreement to be executed between the City and the DISTRICT could be one of two forms, generally described as follows: 1. City Project: The City could take on the lead role in undertaking and completing this project. Under the terms of an agreement for this purpose, the City would perform a number of tasks which were previously not anticipated. Those tasks would include, but not be limited to, the following: • perform a complete plan check of all of the improvements to be completed on the highway; • have the City Engineer stamp and approve the plans as a City project; • have the City Council approve the plans and specifications; • serve as the awarding authority (advertise for bids and award the construction contract); • provide for full contract administration and inspection of the construction contract; • process and pay all progress payments for construction; and, • administer other requirements of the Caltrans Cooperative Agreement. As stated above, the agreement would also provide for the reimbursement of all City costs and for the indemnification of the City for any liability related to this project [it should be noted that the concept of having the DISTRICT indemnify the CITY for acts undertaken by the City is problematic]. It is clear that the above list of additional tasks would add a significant amount of additional work to the efforts required to undertake and complete this project. Those additional efforts (mostly City efforts) would add significant additional costs to the DISTRICT. 2. DISTRICT as City's Agent: The City could appoint the DISTRICT to serve as its agent in undertaking and completing the requirements of the project and the requirements of the Cooperative Agreement between the City and Caltrans. Under the terms of an agreement for this purpose, the City's role would change little from that described in Section A -5 above. It is the view of staff that the terms of such an Agreement would require the following: a. The DISTRICT would be responsible (and liable) for: • the project design; Note: This assuues that the hold harcless and indemnity language in the Agreecent would be sufficient to afford the City the design immunity it requires. If design immunity could not be assured in this canner, the City Engineer would have plan check and approve the design package, which would then be approved by the city Council. csseys 006330 Casey Road / Walnut Canyon Road September 10, 1998 Page 4 E. F. • serving as the awarding authority (advertise for bids and award the construction contract); • certifying that the DISTRICT has complied with all of the requirements of the Public Contracts Code, during the advertising, award and administration of the construction contract; • all construction contract administration and inspection; • compiling all necessary documentation generated during the administration of the construction contract, related to labor compliance, sub- contractors, materials testing, and all other contract and Caltrans requirements; • processing and payment of all construction contract progress payments; and, • compliance with certain requirements of the Caltrans Cooperative Agreement and other related Caltrans procedures and requirements. b. The City would be required to: • provide general oversight of the DISTRICT'S activities, and those of the DISTRICT'S contractors and agents, during the construction of the project; and, • compile documents required for the City to submit to Caltrans, invoices for Caltrans' payment under the terms of the Cooperative Agreement [said materials could include documentation that progress payments made by the DISTRICT were made properly); and, • make payment to the DISTRICT of funds received from Caltrans for this project. In addition to the above terms, it would be the intent of staff to also include in the Agreement a requirement that all outstanding and estimated future fees and costs related to the Walnut Canyon School project, be paid in full. Pursuant to an Agreement between Caltrans and the City, the maintenance cost for all traffic signals at the intersection of a State Highways and City streets, is shared between the City and Caltrans. In order to reduce the amount of administrative time and cost associated with this cost sharing arrangement, the Agreement provides that Caltrans is to provide for the maintenance of the traffic signal and the City is to pay all energy costs. As partial compensation for the City's efforts in facilitating the partial State funding of the subject project, the DISTRICT has agreed to pay all future City maintenance cost (energy costs) for this traffic signal. caseys Casey Road / Walnut Canyon Road September 10, 1998 Page 5 G. Preferred Alternative It is the desire of the DISTRICT that Option 2 be followed. In recent discussions with Caltrans, staff has learned that Caltrans would have no objection ( in concept) to the approach described in Option #2 above. Approval of the request, under either Option, would require the reallocation and commitment of City and staff resources. Direct staff as deemed appropriate. onaay5 U () U�:.a3V° STATE OF CALIFORNIA - BUSINESS AND TRANSPORTATION AGENCY �l , ` PETE WILSON, Governor DEPARTMENT OF TRANSPORTATION DISTRICT 7,120 SO. SPRING ST. LOS ANGELES, CA 90012 -3606 August 19, 1998 y.- e '998 Mr. Kenneth C. C ty of Moorpark filbert, Director of Public Works Cs t;r f t P4"r, 799 Moorpark Avenue Moorpark, CA 93021 Dear Mr. Gilbert: This letter is to inform you that Caltrans will not be entering into a cooperative agreement with Moorpark Unified School District for the traffic signal project at the intersection of State Route 23 and Casey Road in the City of Moorpark. I am aware that the Moorpark Unified School District and the City of Moorpark do not prefer this arrangement but would like to remind you that this is the procedure that is followed by Caltrans. Caltrans recommends entering into a cooperative agreement with the City of Moorpark to do this work. This letter should clarify the recommendation that I made as part of my letter to Mr. Pool dated July 29, 1998. If you have questions or need additional information please contact me at 213 - 897 -9355. Sincerely, k6d; /ti"ru° {_ - KELLY LAMARE Project Manager Office of Project Management - North cc: Thomas Duffy, Ed. D., Moorpark Unified School District Richard Pool, Associated Transportation Engineers Kirk Cessna Cindy Quon Frank Quon