HomeMy WebLinkAboutAGENDA REPORT 2003 0319 CC REG ITEM 10FSUBJECT: Amendment of City /County Agreement for the Installation
of the Traffic Signal at Tierra Rejada Road and Sunset
Valley Road [formerly Moorpark Road]; Approval of
City /County Agreement for the Maintenance of Traffic
Signals at Certain Intersections; and Adoption of a
Resolution Amending the FY 02/03 Budget for the
Moorpark Park Road Realignment Project [Project 80431
[Fund 2002 - Traffic Mitigation Fund]
DISCUSSION
A. Aareement re: Traffic Signal at Sunset Valley Road
1. Background: In June 2002 the City Council approved an
Amendment to the Agreement between the County of Ventura and
the City [City Agreement No. 96 -07] pertaining to the
construction and maintenance of the [then] temporary traffic
signal at the intersection of Tierra Rejada Road and Sunset
Valley Road [formerly Moorpark Road] . Said Amendment was
signed by the County and returned to the City in August
2002. That Amendment set forth certain language pertaining
to the modification of the intersection and the removal of
the traffic signal.
2. Termination: In that this traffic signal is to remain and no
modifications to the intersection are now necessary, it is
now appropriate to terminate this Agreement. The document
attached as Exhibit 1 provides for such an action.
B. Aareement re: Maintenance of Traffic Sianals
1. Background: In November of 2002, the City Council approved
an Agreement between the County of Ventura and the City
pertaining to the sharing of maintenance costs for the
traffic signal at the intersection of Tierra Rejada Road,
Miller Parkway and Moorpark Road. That Agreement was never
approved by the Board of Supervisors.
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MOORPARK CITY COUNCIL
AGENDA REPORT
TO: The Honorable City Council
FROM: Kenneth C. Gilbert, Director of
Public Works
DATE: March 6, 2003 (Council Meeting 3-
19 -03)
SUBJECT: Amendment of City /County Agreement for the Installation
of the Traffic Signal at Tierra Rejada Road and Sunset
Valley Road [formerly Moorpark Road]; Approval of
City /County Agreement for the Maintenance of Traffic
Signals at Certain Intersections; and Adoption of a
Resolution Amending the FY 02/03 Budget for the
Moorpark Park Road Realignment Project [Project 80431
[Fund 2002 - Traffic Mitigation Fund]
DISCUSSION
A. Aareement re: Traffic Signal at Sunset Valley Road
1. Background: In June 2002 the City Council approved an
Amendment to the Agreement between the County of Ventura and
the City [City Agreement No. 96 -07] pertaining to the
construction and maintenance of the [then] temporary traffic
signal at the intersection of Tierra Rejada Road and Sunset
Valley Road [formerly Moorpark Road] . Said Amendment was
signed by the County and returned to the City in August
2002. That Amendment set forth certain language pertaining
to the modification of the intersection and the removal of
the traffic signal.
2. Termination: In that this traffic signal is to remain and no
modifications to the intersection are now necessary, it is
now appropriate to terminate this Agreement. The document
attached as Exhibit 1 provides for such an action.
B. Aareement re: Maintenance of Traffic Sianals
1. Background: In November of 2002, the City Council approved
an Agreement between the County of Ventura and the City
pertaining to the sharing of maintenance costs for the
traffic signal at the intersection of Tierra Rejada Road,
Miller Parkway and Moorpark Road. That Agreement was never
approved by the Board of Supervisors.
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Moorpark Road
March 6, 2003
Page 2
2. New Agreement: A new Agreement has been crafted which
pertains to the sharing of maintenance costs for any traffic
signals constructed at intersections shared by the County
and the City. The Agreement attached as Exhibit 2 provides
for the sharing of maintenance costs at the following
intersections:
• Tierra Rejada Road and Sunset Valley Road
• Terra Rejada Road, Miller Parkway and Moorpark Road.
C. Budget Amendment
1. Background: Knowing that there would be City Engineering
costs incurred in order to provide proper oversight for the
County's Moorpark Road Realignment Project, in October 2001
the City Council adopted Resolution No. 2001 -1900
appropriating $12,000 from the Traffic Mitigation Fund [Fund
20021 for this purpose [Project 80431.
2. Additional Services Authorization: Later, in December of
2001, an estimate of such costs was provided to staff by the
City Engineer. An Additional Services Authorization was
approved for the amount of that estimate -- $20,000. The
Budget was not increased to fully cover these project costs.
3. Budget Amendment: It is anticipated that the total
Engineering costs for this project will not exceed the
$20,000 estimate. Attached as Exhibit 3 is a Resolution
amending the FY 02/03 Budget to fully fund these costs.
STAFF RECOMMENDATION (ROLL CALL VOTE
1. Approve an Amendment to City /County Agreement pertaining to
the Construction of a Temporary Traffic Signal at Tierra
Rejada Road and Sunset Valley Road [formerly Moorpark Road] ,
subject to final language approval by the City Manager and
the City Attorney.
2. Approve a City /County Agreement Pertaining to the sharing of
costs for certain `shared" intersections, subject to final
language approval by the City Manager and the City Attorney.
3. Adopt Resolution No. 2003 - Amending the FY 02/03 Budget
for Project 8043 - Moorpark Road Realignment Project.
Attachments:
Exhibit 1: Amendment No 2 to City Agreement No. 96 -07
Exhibit 2: City /County Agreement RE: Shared Maintenance Costs
for Certain Traffic Signals
Exhibit 3: Resolution No. 2003- re: Project 8043:
Moorpark Road Realignment Project
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TRAFFIC SIGNAL COST
BETWEEN THE CITY O F
COUNTY OF VENTURA [Old
City Agreement No.:
County Agreement No.:
Amendment No.
Organization / Firm:
Date of Original Agreement:
Effective Date of This Amendment:
Subject of Amendment:
SHARING AGREEMENT
MOORPARK AND THE
Moorpark Road]
96 -07
96 -05
2
County of Ventura
March 19, 1996
Retention of Sianal
RECITALS
A. The City of Moorpark ( "City ") and the County of Ventura ( "County") entered into
a Cooperative Agreement ( "Agreement ") on March 19, 1996, pertaining to the
construction of a traffic signal ( "Signal ") at the intersection of Tierra Rejada
Road and Old Moorpark Road ( "Intersection "). It was the intent of the parties at
that time that the Signal was to be a temporary installation to removed or
upgraded at a later date.
B. Amendment No. 1 to the Agreement was approved on June 21, 2002, in order
to clarify the scope of certain intended shared improvements deemed
necessary to remove the Signal, said intended traffic signal removal to be
undertaken as part of the County's Moorpark Road Realignment project.
C. It has been determined that the Signal is to remain in place. The parties now,
therefore, wish to amend the Agreement and said Amendment No. 1 in order to
complete each party's obligation and terminate this agreement.
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NOW, THEREFORE, the City and County agree as follows:
Section 6 of the Agreement pertaining to the purchase of the controller by the
County and other efforts related to the removal of the Signal and /or modification
to the Intersection to prevent left -turn movements, is hereby deleted.
2. Section 9 of the Agreement is hereby amended to read as follows: "The term of
this Agreement shall terminate upon approval by each party of a replacement
agreement for cost sharing of the maintenance and operation of the signal."
CITY OF MOORPARK COUNTY OF VENTURA
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
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Chair, Board of Supervisors
ATTEST: John F. Johnston,
Clerk of the Board of Supervisors,
County of Ventura, State of California.
Deputy Clerk of the Board
G,v.�. v 2
TRAFFIC SIGNAL COST SHARING AGREEMENT
BETWEEN THE CITY OF MOORPARK AND THE
COUNTY OF VENTURA
THIS AGREEMENT, made and entered into this day of , 2003, by and
between the CITY OF MOORPARK, a municipal corporation (herein referred to as
"City "), and the COUNTY OF VENTURA, a political subdivision, California (herein
referred to as "County ").
WHEREAS, traffic signals are located at the intersection of certain City streets
and County roads; and
WHEREAS, City and County desire to share the cost of maintaining and
operating these signals.
NOW, THEREFORE, the City and County agree as follows:
1. The term of this Agreement shall extend from the above date of this Agreement
until terminated by either party.
2. City shall maintain and operate the traffic signals located at intersections of
certain City and County roads as contained in Attachment A, attached hereto and
incorporated herein by reference.
3. The cost of such maintenance and operation (herein "Costs ") shall consist of the
following categories of cost:
a. Energy costs;
b. Monthly preventative maintenance costs;
c. Costs related to emergency response service and other extra work to provide
for the continuous operation of the traffic signal equipment; and
d. Mutually beneficial modifications to the signal such as obsolescence or the
need to improve energy efficiency and reliability, that receive prior approval
from both the City and County.
4. County agrees to pay City its prorata share of all traffic signal maintenance and
operation costs incurred by the City. Said prorata share shall be equal to the percent of
County ownership of those installations as shown in Attachment A, based on the
number of roadway approaches to the intersection under the jurisdiction of the City and
the County respectively.
5. Notwithstanding the provisions of paragraphs 3 and 4 above, if the design of the
signals or intersections are modified by or at the request of either party without prior
written agreement of the other party to share in the cost of the modification, the party
making the modification shall pay all costs of modification.
6. The provisions of this Agreement may be revised or modified at any time.
However, any modification to the Agreement shall become effective only when agreed
to in writing by both City and County.
7. At the beginning of each calendar year, City shall provide County with an annual
invoice for County's prorata share of the Costs, for the prior calendar year, provided that
the invoice for the first year for the Tierra Rejada Road/ Moorpark Road signal at Miller
Parkway shall be for the period starting the day realigned Moorpark Road is opened to
traffic. Each invoice shall include a written verification with a detailed accounting of all
Costs paid and all costs adjustments, rebates or restrictions collected by City. In the
event the signal is damaged as the result of a traffic accident, City shall provide County
with a copy of any accident report generated by said accident, within sixty (60) days
said report is provided to the City Public Works Department. City shall also provide
County with an itemized accounting of all costs incurred by City resulting from such
damage, within 60 days of the date said costs have been determined by the City.
Payment, by County, of County's prorata share of the Costs, as reflected on such
annual invoices, shall be made within 30 days of the receipt of the invoice.
8. County shall defend, indemnify and hold harmless the City, its elected officials,
officers and employees, from any and all claims, lawsuits, demands, judgments and all
liability including but not limited to, monetary or property damage, personal injury,
wrongful death, general liability and automobile liability, including all costs and
expenses of litigation or arbitration, arising out of, directly or indirectly, any act or
omission of the County or its agents or subcontractors in the performance of the
obligations and duties required of County under this Agreement. The duty to defend
shall include any suits or actions in law or equity concerning any activity, product or
work utilized in performing the obligations and duties required of County under this
Agreement, and also include the payment of all court costs, attorney fees, expert
witness costs, investigation costs, claims adjusting cost and any other costs required for
and related to such litigation.
9. City shall defend, indemnify and hold harmless the County, its elected officials,
officers and employees, from any and all claims, lawsuits, demands, judgments and all
liability including but not limited to, monetary or property damage, personal injury,
wrongful death, general liability and automobile liability, including all costs and
expenses of litigation or arbitration, arising out of, directly or indirectly, any act or
omission of the City or its agents or subcontractors in the performance of the obligations
and duties required of City under this Agreement. The duty to defend shall include any
suits or actions in law or equity concerning any activity, product or work utilized in
performing the obligations and duties required of City under this Agreement, and also
include the payment of all court costs, attorney fees, expert witness costs, investigation
costs, claims adjusting cost and any other costs required for and related to such
litigation.
10. Failure by a party to insist upon the strict performance of any of the provisions of
this Agreement by the other party, irrespective of the length of time for which such
failure continues, shall not constitute a waiver of such party's right to demand strict
compliance by such other party in the future. No waiver by a party of a default or
2 -.f-)�4
breach of the other party shall be effective or binding upon such party unless made in
writing by such party, and no such waiver shall be implied from any omissions by a
party to take any action with respect to such default or breach. No express written
waiver of a specified default or breach shall affect any other default or breach, or cover
any other period of time, other than any default or breach and /or period of time
specified. All of the remedies permitted or available to a party under Agreement, or at
law or in equity, shall be cumulative and alternative, and invocation of such right or
remedy shall not constitute a waiver or election of remedies with respect to any other
permitted or available right or remedy.
11. Time is of essence with regard to performance of any of the terms or conditions
of this Agreement.
12. This Agreement may be terminated at any time by the Director of Public Works
for the County or the City Manager for the City, by giving at least 60 calendar days prior
written notice to the other party of intent to terminate the Agreement. In the event of
such termination, County agrees to reimburse City for all prorata Costs accrued up to
the time of termination within 30 days following submission of a final statement by City.
13. The provisions of this Agreement shall be construed as a whole according to its
common meaning of purpose of providing a public benefit and not strictly for or against
any party. It shall be construed consistent with the provisions hereof, in order to
achieve the objectives and purposes of the parties. Wherever required by the context,
the singular shall include the plural and vice versa, and the masculine gender shall
include the feminine or neutral genders or vice versa. In all situations arising out of this
Agreement, the parties shall attempt to avoid and minimize the damages resulting from
the conduct of the other party.
14. In all situations arising out of this Agreement, the parties shall attempt to avoid
and minimize the damages resulting from the conduct of the other party.
15. This Agreement, and the rights and obligations of the parties, shall be governed
and interpreted in accordance with the laws of the State of California. Exclusive venue
for any action involving this Agreement will be in Ventura County.
16. This Agreement supersedes any other agreements, either oral or in writing,
between the parties hereto with respect to the rendering of traffic signal maintenance
services.
17. Each party has expressly authorized the execution of this Agreement on its
behalf and bind said party and its respective administrators, officers, directors,
shareholders, divisions, subsidiaries, agents, employees, successors, assigns,
principals, partners, joint venturers, insurance carriers and any others who may claim
through it to this Agreement.
3
18. Any notice required to be given hereunder shall be deemed to have been given
by depositing said notice in the United States mail, postage prepaid, and addressed as
follows:
TO CITY: City of Moorpark
Attention: City Manager
799 Moorpark Avenue
Moorpark, CA 93021
TO COUNTY: County of Ventura
Attention: Director of Public Works
800 South Victoria Avenue
Ventura, CA 93009 -1600
19. If any provision in this Agreement is held by a court of competent jurisdiction to
be invalid, void or unenforceable, the remaining provisions will nevertheless continue in
full force without being impaired or invalidated in any way.
In accordance and witness whereof, this Agreement has been executed by the
parties effective on the date and year first above written.
CITY OF MOORPARK
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
County Signal Maintenance Agreement
COUNTY OF VENTURA
Chair, Board of Supervisors
ATTEST: John F. Johnston,
Clerk of the Board of Supervisors,
County of Ventura, State of California.
Deputy Clerk of the Board
ATTACHMENT A
Signal Maintenance Agreement
City of Moorpark/ County of Ventura
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Tierra Re'ada Road/ Moorpark Road
75%
25%
2
Tierra Re'ada Road/ Sunset Valley Road
67%
33%
County Signal Maintenance Agreement
Exhibit 3
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, AMENDING THE FY
2002/03 BUDGET TO REVISE THE AMOUNTS OF THE
APPROPRIATIONS AND BUDGET FOR PROJECT 8043:
MOORPARK ROAD REALIGNMENT PROJECT [TRAFFIC
MITIGATION FUND (FUND 2002)
WHEREAS, on June 5, 2002, the City Council adopted the Budget
for Fiscal Year 2002/03; and
WHEREAS, a staff report has been presented to the City
Council requesting a budget increase in the aggregate amount of
$8,000; and
WHEREAS, said staff report discusses certain fund transfers
approved last fiscal year and the need to adjust same; and
WHEREAS, Exhibit "A ", attached hereto and made a part hereof,
describes said budget amendment and its resultant impacts to the
budget line item(s).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That a Budget amendment in the aggregate increase
of $8,000, as more particularly described in Exhibit "A ", is
hereby approved.
SECTION 2. The City Clerk shall certify to the adoption of
this resolution and shall cause a certified resolution to be filed
in the book of original resolutions.
PASSED AND ADOPTED this 19th day of March, 2003.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Attachment:
Exhibit 'A': Appropriation and Budget Detail
Resolution No. 2003 -
Exhibit "A"
Revised Appropriations & Budget
For Project 8043: Moorpark Road Realignment Project
A. Fund Allocation
Fund — ]Account Number
Traffic Mitigation '2002.8310.8043.5500
B. FY 02/03 Budget Re -Cap
C. Total Appropriations Re -Cap
- -- -- - - -- - - -- - - - - - --
--------- — ------ .... -- - - - - -- - -
Revised
FY 02/03
Account Number Budget
2002.8310.8043.xxxx $12,367
Prior Years
xpenditures
D. Distribution of Appropriations to Expense Accounts
Total
tions
Approved as to form: Ub
,367
current
suiDject
Revised
FY 02/03
j Appropriation '
FY 02/03
Account Number j
Budget
/
(Reduction)
Budget �.
2002.8310.8043.9601: Design
4, 367
$ 8, 000 '
$ 12,3671
_— .-- - - - - -- - - - -- - - -_ - - - - -�. — - - - -- _._$
[2002 8310.8043. 9640w— Const. i
--- - - - - --
$ 0
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- —
$� - 0
- - --
$� - ^- 0 f
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$_- .— _ -�_ -- 0
Approved as to form: Ub
,367