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HomeMy WebLinkAboutAGENDA REPORT 2019 1120 REG CCSA ITEM 10CCITY OF MOORPARK, 
CALIFORNIA City Council Meeting of November 20, 2019 ACTION Approved staff recommendation. BY B.Garza. C. Consider Approval of Reciprocal Agreement with Ventura County for Road Services. Staff Recommendation: Approve the Reciprocal Agreement and authorize the Mayor to execute the Agreement. (Staff: Sean Corrigan) Item: 10.C. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Sean Corrigan, City Engineer/Public Works Director DATE: 11/20/2019 Regular Meeting SUBJECT: Consider Approval of Reciprocal Agreement with Ventura County for Road Services DISCUSSION The City Council approved a state-wide Public Works Mutual Aid Agreement on November 5, 1997, to have timely access available to support from the State, Counties and other Cities in the event of disaster. The County of Ventura Public Works Agency has created a Reciprocal Agreement for Road Services for the performance of maintenance, construction, or repair work on the County or City streets, roads, or highways, and has requested that the City of Moorpark participate, along with the nine other Cities in the County that have already approved the Agreement. The purpose of the reciprocal agreement is to provide a mechanism for the County to establish a standing, general agreement with local cities such that either the County or City may perform maintenance, construction and repair road work on behalf of the other. As a practical matter, staff believes it is more likely that our small staff would request County Roads support than the County would need to reach out for our assistance. Nevertheless, this Agreement provides another tool to get work accomplished by County staff or contractors on a reimbursable basis. The City Attorney has reviewed the attached Reciprocal Agreement. FISCAL IMPACT No funding is required to enter into the Reciprocal Agreement with the County. Funding would be required at the time that a Project Work Agreement is to be issued for a specific project to be executed for either the County or the City. Item: 10.C. 60 Honorable City Council 11/20/2019 Regular Page 2 COUNCIL GOAL COMPLIANCE This action is not tied to a current City Council Strategic Priority. STAFF RECOMMENDATION Approve the Reciprocal Agreement and authorize the Mayor to execute the Agreement. Attachment: Reciprocal Agreement 61 ATTACHMENT COUNTY OF VENTURA PUBLIC WORKS AGENCY, TRANSPORTATION DEPARTMENT GENERAL RECIPROCAL AGREEMENT This General Reciprocal Agreement is entered into this ______ day of _____________ 2019, by and between the County of Ventura, a political subdivision of the State of California, hereinafter called “County”, and the City of Moorpark, hereinafter called “City” for the performance of maintenance, construction, or repair work on the County or City streets, roads, or highways, hereinafter called “Project Work.” WHEREAS, pursuant to Streets and Highways Code section 1803, a city may contract with the board of supervisors of any county for maintenance, construction, or repair by the county of city streets and roads; WHEREAS, pursuant to Streets and Highways Code section 1710, a county may contract with a city for the maintenance, construction, or repair by the city of county streets and highways; WHEREAS, the Ventura County Public Works Agency, Transportation Department seeks to create a reciprocal relationship with nearby cities, such that the County may perform maintenance, construction and repair work on city roads where it is convenient and cost-effective to do so, and the cities may perform maintenance, construction, and repair work on County roads where it is convenient and cost-effective to do so; WHEREAS, a reciprocal agreement will improve service to the citizens and minimize road closures and disruptions; WHEREAS, the purpose of the reciprocal agreement is to provide a mechanism for the County to establish a standing, general agreement with local cities such that either the County or City may perform maintenance, construction and repair road work on behalf of the other; NOW, THEREFORE, IT IS HEREBY AGREED by the parties as follows: 1. SERVICES TO BE PERFORMED For each Project Work, the County and City shall agree to executive a Project Work Agreement in substantially the form set forth in Exhibit A (hereinafter, “Exhibit A”). Exhibit A shall identify which party is the PARTY PERFORMING THE WORK and which party is the PARTY RECEIVING THE WORK for purposes of the Project Work, shall set forth the scope of the Project Work, shall set forth the contract price and shall provide other terms as required or appropriate for the particular Project Work. Exhibit A shall also incorporate by reference this General Reciprocal Agreement, as it may be amended from time to time. 2. LEVEL OF SERVICE PROVIDED For the purpose of performing said functions, the PARTY PERFORMING THE WORK shall furnish and supply all necessary labor, supervision, machinery, equipment and supplies, other than those required to be furnished by the PARTY RECEIVING THE WORK, necessary to carry out the instructions of the PARTY RECEIVING THE WORK. Both parties agree that they and their officers and agents shall cooperate in the carrying out of said functions and that the PARTY PERFORMING THE WORK shall have full authority, possession and necessary control of the work with full assistance, when necessary, from the police or other law enforcement personnel rendering police services to the PARTY RECEIVING THE WORK. 62 For the purpose of facilitating the performance of said functions, it is hereby agreed that the PARTY RECEIVING THE WORK, upon request by the PARTY PERFORMING THE WORK, shall order the temporary closing to traffic of all streets, or portions thereof, which it is necessary to close before any work is commenced thereon. Nothing herein contained shall be construed as in any way divesting the PARTY RECEIVING THE WORK of any power with respect to supervision, management, and control of streets, roads, or highways within its boundaries. 3. PROJECT WORK AUTHORITY The Director of the Ventura County Public Works Agency, Transportation Department, or a Division or Section Director of the Ventura County Public Works Agency, Transportation Department, shall have the authority to order, accept and/or receive work on behalf of the County. The Director, City Engineer/Public Works Department for the City of Moorpark shall have the authority to order, accept and/or receive work on behalf of the City. This authority applies only to paragraphs 4, 8, and 13. 4. CHANGE ORDERS Either party may propose changes to the scope or quantity of the Project Work as set forth in Exhibit A. If both parties agree to the proposed changes, then a mutual Change Order shall be issued. A Change Order shall be in writing and describe the change in the scope or quantity of the Project Work, state the dollar value of the change, and any adjustment in contract time, and shall provide for both parties’ signatures indicating their acceptance. 5. PAYMENT In consideration of the services rendered in accordance with all terms, conditions and specifications set forth herein and in Exhibit A, the PARTY RECEIVING THE WORK will make payment to the PARTY PERFORMING THE WORK in the amount specified in Exhibit A, subject to any Project Work Change Orders. Pursuant to California Government Code Section 23008, and in accordance therewith, before any work is performed or services rendered pursuant hereto, an amount equal to the cost, or an amount 10 percent in excess of the estimated cost, must be reserved by the City from its funds to insure payment for work, services, or materials provided by the County hereunder. 5.1 METHOD OF PAYMENT The PARTY RECEIVING THE WORK shall pay the PARTY PERFORMING THE WORK according to the method of payment selected by the parties in Exhibit A. The parties may elect to pay for the Project Work either upon project completion or as invoiced in progress payments. Invoices for completed work should include the date(s) of work performed, the location, a description of the work and the amount due. If the parties elect to make progress payments, the PARTY PERFORMING THE WORK, shall render to the PARTY RECEIVING THE WORK within 60 days after the close of each calendar month a statement covering costs recorded for all services or functions performed during said calendar month, and the PARTY RECEIVING THE WORK shall pay the PARTY PERFORMING THE WORK therefore within 30 days after receipt of such statement. 63 Whether payment is made upon Project Work completion or in progress payments, a final invoice must be submitted, at least 60 days and no more than 4 months, after the Project Work is completed. All invoices or other financial documents required under this Agreement will be made in writing and addressed or delivered as follows: TO COUNTY: ROAD FUND SUPERVISING ACCOUNTING OFFICER COUNTY OF VENTURA, PUBLIC WORKS AGENCY CENTRAL SERVICES DEPARTMENT 800 SOUTH VICTORIA AVENUE, HOA 3RD FLOOR VENTURA, CA 93009-1600 TO CITY: DIRECTOR CITY ENGINEER/PUBLIC WORKS DEPARTMENT CITY OF MOORPARK 799 MOORPARK AVENUE MOORPARK, CA 93021 6. INDEPENDENT GOVERNMENT AGENCIES No relationship of employer and employee is created by this Agreement, it being understood that the County and the City are independent public entities. It is further understood and agreed by the parties hereto that, except as provided in this Agreement, the PARTY PERFORMING THE WORK is subject to the control or direction of the PARTY RECEIVING THE WORK merely as to the result to be accomplished by the services hereunder agreed to be rendered and performed and not as to the means and methods for accomplishing the results. If, in the performance of this Agreement, any third persons are employed, such persons will be entirely and exclusively under direction, supervision and control of the PARTY PERFORMING THE WORK. All terms of employment, including hours, wages, working conditions, discipline, hiring and discharging or any other terms of employment or requirements of law, will be determined by the PARTY PERFORMING THE WORK, and the PARTY RECEIVING THE WORK will have no right or authority over such persons or the terms of such employment, except as provided in this Agreement. Both parties will comply with all of the provisions of the Workers Compensation Insurance and Safety Acts of the State of California, the applicable provisions of the California Labor Code and all amendments thereto, and all similar State and Federal acts or laws applicable. 7. NON-ASSIGNABILITY Neither party will assign this Agreement or any portion thereof to a third party without the prior written consent of the other party, and any attempted assignment without such prior written consent will be null and void and will be cause for immediate termination of this Agreement. 8. TERMINATION The right of termination belonging to either party may be exercised without prejudice to any other remedy to which it may be entitled at law or under this Agreement. 64 8.1 TERMINATION OF GENERAL RECIPROCAL AGREEMENT This Agreement shall become effective on the date written herein above and shall continue in full force and effect until terminated by either party. Either party may terminate this Agreement at any time upon notice in writing delivered to the other party not less than 30 days prior to the date of such termination. Termination of this Agreement will have no effect on existing Project Work described in Exhibit A. 8.2 TERMINATION OF EXHIBIT A Termination of existing Project Work must be made according to the following terms: 1) Either party may terminate an agreement for existing project work under Exhibit A at any time upon notice in writing to the other party not less than 30 days prior to the date of such termination. 2) If there is any Project Work that has been completed but not yet paid for at the time of Exhibit A termination, the PARTY RECEIVING THE WORK shall pay the PARTY PERFORMING THE WORK for the unpaid Project Work. 3) The terminating party must pay the non-terminating party for any consequential damages suffered by the non-terminating party as a result of termination. No other form of damages will be owed by the terminating party to the non-terminating party. 9. DEFAULT If the PARTY PERFORMING THE WORK defaults in the performance of any term or condition of this contract, that party must cure that default by a satisfactory performance within 10 days after service of written notice of the default. If the PARTY PERFORMING THE WORK fails to cure the default within that time, then the PARTY RECEIVING THE WORK may terminate this Agreement without any further notice. The foregoing requirement for written notice and opportunity to cure does not apply with respect to paragraph 5 above. 10. INDEMNIFICATION HOLD HARMLESS AND WAIVER OF SUBROGATION The PARTY PERFORMING THE WORK shall defend, indemnify, and hold harmless the PARTY RECEIVING THE WORK include all of the boards, agencies, departments, officers, employees, agents and volunteers thereof, against any and all claims, lawsuits whether against the PARTY RECEIVING THE WORK or others, judgments, debts, demands, and liability, including, without limitation, those arising from injuries or death of persons and/or damages to property, arising directly or indirectly out of the obligations herein described. Neither party shall assume any liability for nor defend, indemnify, or hold harmless the other party from, the negligent or wrongful acts or omissions of the other party, nor of any officer or employee thereof, nor for any dangerous condition of the streets or property belonging to the other party. Additionally, it is the responsibility of the PARTY PERFORMING THE WORK to ensure that any contractor hired to perform Project Work adequately indemnifies both the County and the City. Both parties agree to waive all rights of subrogation against the other party for losses arising directly or indirectly from the activities and/or work covered by this Agreement. 65 11. INSURANCE PROVISIONS Both parties are required to carry at least minimum self-insurance. In addition, the PARTY PERFORMING THE WORK is required to ensure that any contractor hired for the Project Work carries minimum insurance that names both the County and the City as “Additional Insured.” Any insurance of self-insurance maintained by either the County or the City will be in excess of the contractor’s insurance coverage and will not contribute to it. Either party must notify the other immediately if any aggregate insurance limit is exceeded. Additional coverage must be purchased to meet such requirements. Policies will not be canceled, non-renewed or reduced in scope of coverage until after sixty (60) days written notice has been given to the other party. Insurance coverage provided by a contractor will begin no later than commencement of any Project Work. 12. NON-DESCRIMINATION 1) General No person will on the grounds of race, color, national origin, religious affiliation or non-affiliation, sex, age, handicap, disability, or political affiliation, be excluded from participation in, be denied the benefits, or be subjected to discrimination under this Agreement. 2) Employment Both parties will insure equal employment opportunity based on objective standards of recruitment, selection, promotion, classification, compensation, performance evaluations, and management relations, for all employees under this Agreement. Personnel policies will be made available to either party upon request. 13. CONTRACT MONITORING Either party will have the right to review the work being performed under this Agreement and visit the site of the project at any time during usual working hours. Review, checking, approval or other action by the PARTY RECEIVING THE WORK will not relieve the PARTY PERFORMING THE WORK or any contractor of responsibility for the thoroughness of the services to be provided hereunder. 14. MERGER CLAUSE This Agreement supersedes any and all other contracts, either oral or written, between the County and the City, with respect to the subject of this Agreement. This Agreement contains all of the covenants and contracts between the parties with respect to the services required hereunder. Both parties acknowledge that no representations, inducements, promises or contracts have been made except those covenants and contracts embodied in this Agreement. 15. GOVERNING LAW The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, will be construed pursuant to and in accordance with the laws of the State of California. 66 16. SEVERABILITY OF CONTRACT If any term of this Agreement is held by a court of competent jurisdiction to be void or unenforceable, the remainder of the contract terms will remain in full force and effect and will not be affected. 17. CUMULATIVE REMEDIES The exercise or failure to exercise of legal rights and remedies by either party in the event of any default or breach hereunder will not constitute a waiver or forfeiture of any other rights and remedies and will be without prejudice to the enforcement of any other right or remedy available by law or authorized by this Agreement. 18. COMPLIANCE WITH LAWS Each party to this Agreement will comply with all applicable laws. 19. CONSTRUCTION OF COVENANTS AND CONDITIONS Each term and each provision of this Agreement will be construed to be both a covenant and a condition. 20. PREVAILING WAGE REQUIREMENT Both parties agree to comply with all applicable provisions of the California Labor Code and federal, state, and local laws related to labor when hiring third party contractors to perform Project Work. California Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815 shall be included in the contract between the PARTY PERFORMING THE WORK and any third party hired to do Project Work. The PARTY PERFORMING THE WORK shall assume any penalty prescribed in the Labor Code for violations. 21. NOTICES All notices required under this Contract will be made in writing and addressed or delivered as follows: TO COUNTY: ROAD FUND SUPERVISING ACCOUNTING OFFICER COUNTY OF VENTURA, PUBLIC WORKS AGENCY CENTRAL SERVICES DEPARTMENT 800 SOUTH VICTORIA AVENUE, HOA 3RD FLOOR VENTURA, CA 93009-1620 TO CITY: CITY MANAGER CITY OF MOORPARK 799 MOORPARK AVENUE MOORPARK, CA 93021 Either party may, by giving written notice in accordance with this paragraph, change the names or addresses of the persons of departments designated for receipt of future notices. When addressed in accordance with this paragraph and deposited in the United States mail, postage prepaid, notices will be deemed given on the third day following such deposit in the United States mail. In all other instances, notices will be deemed given at the time of actual delivery. 67 IN WITNESS WHEREOF the parties hereto have executed this Agreement. COUNTY OF VENTURA CITY OF MOORPARK by: Authorized Signature Authorized Signature DAVID FLEISCH JANICE S. PARVIN Printed name DIRECTOR, PWA-TRANSPORTATION DEPT. MAYOR Title Title _____________________________________ Date Date 95-6000944 95-3860962 Tax Identification # Tax Identification # 68 Accounting No.:_________ PROJECT WORK AGREEMENT “EXHIBIT A” The following Project Work Agreement, hereinafter called “Exhibit A,” between ________________________, the “PARTY PERFORMING THE WORK,” and ________________________, the “PARTY RECEIVING THE WORK,” represents an agreement between the parties for the performance of specific maintenance, construction, or repair work on County of Ventura or city streets, roads, or highways, hereinafter called “Project Work.” WHEREAS, Exhibit A hereby incorporates by reference all terms and conditions of the County of Ventura, Public Works Agency, Transportation General Reciprocal Agreement. 1. SCOPE OF WORK The parties hereby agree that the PARTY PERFORMING THE WORK will perform for the PARTY RECEIVING THE WORK the Project Work herein described below: 2. COST ESTIMATE If at the time of entering into an agreement under Exhibit A, the PARTY PERFORMING THE WORK has already contracted with a third party to perform work including the Project Work, then the PARTY RECEIVING THE WORK shall pay the PARTY PERFORMING THE WORK that portion of the contract price attributable to the Project Work. The parties agree that amount is: $___________. If at the time of entering into an agreement under Exhibit A, the cost of the work is undetermined, then the PARTY RECEIVING THE WORK shall pay the PARTY PERFORMING THE WORK the estimated cost of the Project Work. The estimated cost of the Project Work is: $____________. Under no circumstances shall the cost of this Project Work exceed $100,000. If additional work is required beyond the scope of the original Project Work agreed to under this contract, the parties may seek a change order pursuant to section 4 of the General Reciprocal Agreement. 3. METHOD OF PAYMENT Payment for the Project Work described herein above shall be made (check one): _____ At the end of the Project Work. _____ As invoiced in progress payments. Payment shall be made according to the terms described in section 5.1 of the General Reciprocal Agreement. 69 4. PROJECT WORK CONTACT COUNTY CONTACT: ________________________________ County of Ventura, Public Works Agency Transportation Department 800 South Victoria Avenue, HOA 3rd Floor Ventura, CA 93009-1620 Phone: ___________________________ CITY CONTACT: City Engineer/Public Works Department 799 Moorpark Avenue Moorpark, CA 93021 Phone: 805-517-6256 5. FISCAL CONTACT COUNTY CONTACT: Road Fund Supervising Accounting Officer Public Works Agency, Central Services Dept. Phone: (805) 654-2081 Remit Payment(s) or Submit Invoices to: County of Ventura Public Works Agency Central Services Department 800 South Victoria Avenue, HOA 3rd Floor Ventura, CA 93009-1600 CITY CONTACT: City Engineer/Public Works Department 799 Moorpark Avenue Moorpark, CA 93021 IN WITNESS WHEREOF the parties hereto have executed this Exhibit A. COUNTY OF VENTURA CITY OF MOORPARK by: by: Authorized Signature Authorized Signature Printed name Printed name Title Title Date Date 95-6000944 95-3860962 Tax Identification # Tax Identification # 70