HomeMy WebLinkAboutAGENDA REPORT 1985 0701 CC REG ITEM 10E MOORPARK
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ALBERT PRIETO STEVEN KUE.•JY
Mayor — `. City Manager
JAMES D.WEAK CHERYL J. KANE
Mayor Pro Tem � City Attorney
r
THOMAS C. FERGUSON i��11�A NIALL FRITZ
Councllmember 01Efl'� Director of
DANNY A.WOOLARD .V Community
Councllmember 16. / Development
LETA YANCY•SUTTON . .. R. DENNIS DELZEIT
Councllmember City Engineer
DORIS D. BANKUS JOHN V.GILLESPIE
City Clerk Chief of Police
JOHN C. GEDNEY
City Treasurer
MEMORANDUM
TO: The Honorable City Council
FROM: Steven Kueny, City Manager
DATE: June 26, 1985
SUBJECT: State Highway Maintenance Agreement
BACKGROUND:
Attached is the report from the City Engineer concerning the
Maintenance Agreement with CalTrans. The City has the option to
include street striping in addition to the street sweeping services.
I am currently reviewing the annual cost of sweeping the State routes
with the City' s contractor. The $8, 000 amount appears to be more than
sufficient to permit sweeping of the State routes at the frequency as
previously determined by the Council.
I am concerned, however, about the striping of the State routes from
a liability perspective. It would appear that with the present claim-
and suit-happy environment, the City may be accepting an additional
liability. It could be easily alleged that the striping related
conditions contributed to an accident. In addition, with the State ' s
present ability to maintain roads, it may be hard to distinguish between
alleged deficiencies in pavement condition and striping condition, such
that the City is always named in the claim. On the other hand, the City
does require from its Contractors a hold harmless and certificate of
insurance with the City as additional insured. The insurance amount is
usually $1 million, but normally would cover only the period of time
they' re on the job.
RECOMMENDED ACTION:
Approve Agreement for Maintenance of State Highways (per agreement as
approved by the City Attorney) for Street Sweeping Services only.
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attachment
799 Moorpark Avenue Moorpark,California 93021 (805)5296864
MOORPARK
. ALBERT PRIETO STEVEN KUENY
• • Mayor City Manager
JAMES D. WEAK .1.
:CHERYL; :CHERYL J. KANE
Mayor Pro Tem r'wj City Attorney
•THOMAS C. FERGUSON I�-•'vI'��.'//�s MALL FRITZ
Councilmember ` Director of
DANNY A. WOOLARD � V ` Community
Councilmember '•�� Development
LETA YANCY-SUTTON Off.*.e 4` R. DENNIS DELZEngineer T
Councilmember .. City Engineer
DORIS D. BANKUS JOHN V. GILLESPIE
City Clerk Chief of Police
JOHN C. GEDNEY MEMORANDUM
City Treasurer
RECEIVED
TO: The Honorable City Council MI 1 2 1985
FROM: R. Dennis Delzeit, City Engineer Pk()
cityoft
DATE: City Council Meeting of June 17, 1985
SUBJECT: State Highway Maintenance Agreement
(For Street Sweeping Services and/or Street Striping Services)
PROPOSED ACTION
• Authorize the Mayor to execute the Maintenance Agreement on behalf of
the City.
BACKGROUND INFORMATION
At the City's request, Caltrans has prepared and submitted two different
agreements that allow for certain highway maintenance functions to be
provided by the City. The agreements are identical except that one
(Exhibit "A") allows for the City to provide street sweeping services, —
while the other (Exhibit "B") allows for the City to provide street
sweeping services and roadway striping. Both agreements cover all State
routes within the City. It is intended that the Council select one of
the two agreements, depending on which services the City wishes to
provide.
It should be noted that although the City will be reimbursed by the
State for expenses associated with the maintenance services, the City
will have the opportunity, as well as the obligation, to provide
whatever maintenance services are selected.
799 Moorpark Avenue Moorpark, California 93021 (805)529-6864
Page 2
PROPOSED MOTION
Authorize the Mayor to execute the State Highway Maintenance Agreement
on behalf of the City.
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JN 3567
•
PGREEMEr nOR MAINTENANCE OF STATE HIGHWP"^ IN THE CITY
OF MOORPARK
THIS AGREEMENT, made and executed in duplicate this
day of , 19 , by and between the State of California, acting
by and through the Department of Transportation, hereinafter referred to as the
"STATE" and the CITY of MOORPARK hereinafter referred to as
"CITY".
WITNESSETH :
A. RECITALS:
The Parties desire to provide for the CITY to perform particular
maintenance functions on the State highway within the CITY as provided in
Section 130 of the Streets and Highways Code.
B. AGREEMENT:
This Agreement shall supersede any previous PCREEMENT FOR MAINTE'NE = OF
STATE HIGHWAYS IN THE CITY OF MOORPARK and/or AMENDMENTS thereto
with the CITY.
In consideration of the mutual covenants and promises herein contained, it is
agreed:
The CITY will perform such maintenance work as is specifically delegated
to it, on the State highway routes or portions hereof all as hereinafter
described under Section H hereof or as said section may be subsequently
modified with the consent of the parties hereto acting by and through their
authorized representative.
C. MAINFENAN:E DEFINED:
Maintenance is defined in Section 27 of the Streets and Highways Code as
follows:
Sec. 27. "(a) The preservation and keeping of rights of way, and each type
of roadway, structure, safety convenience or device, planting,
illumination equipment and other facility, in the safe and
usable condition to which it has been improved or constructed,
but does not include reconstruction, or other improvement."
"(b) Operation of special safety conveniences and devices, and
illuminating equipment."
"(c) The special or emergency maintenance or repair necessitated by
accidents or by storms or other weather conditions, slides, settlements
or other unusual or unexpected damage to a roadway structure or
facility."
D. DEGREE OF MAINTENANCE:
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 Cade, as forth in the current edition of the
- State Maintenance Manual (a copy of which has been provided to the CITY), or
as may be prescribed from time to time by the District Director. "District
Director" as used herein, means the District Director of the Department of
Transportation assigned to the territory in which the CITY is located, or his
authorized representative.
The STATE reserves the option to check at random all areas of STATE
HIGHWAYS maintained by the CITY to assure conformance to maintenance levels.
Failure of the CITY to comply with the maintenance levels would be rPaaon to
terminate this Agreement as specified under Section J "Term of Agreement."
However, this random check does not preempt the CITIES maintenance
responsibilities as spelled out in the Agreement.
• An encroachment rmit will be required for thirr' parties when
maintenance work is redelegated. Such redelegated work shall be performed to
the same levels of service as spelled out herein and will be subject to the
sane random checks as provided for work performed directly by CITY forces.
The level of service of maintenance in each of the programs delegated to
the CITY has been considered in setting authorized total and route dollar
amounts. The CITY may perform additional work if desired but the STATE will
not reimburse the CITY for any work in excess of authorized dollars. The
District Director may authorize adjustments needed because of inflation or
changes in program emphasis.
E. LEGAL RELATIONS AND RESPONSIBILITIES:
Nothing in the provisions of the Agreement is intended to create duties
or obligations to or rights in third parties not parties to this contract or
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.
It is understood and agreed that neither STATE, nor any officer or
employee is responsible for any damage or liability occurring by reason of
anything done or omitted to be done by the CITY under or in connection with
any work, authority or jurisdiction delegated to the City under this
Agreement.
It is also understood and agreed that, pursuant to Government Code
Section 895.4, CITY shall defend, indemnify and save harmless the State of
California, all officers and employees from all claims, suits or actions of
every nave, kind and description brought for or in account of injuries to or
death of any person or damage to property resulting from anything done or
omitted to be done by the CITY under or in connection with any work,
authority or jurisdiction delegated to the CITY under this Agreement.
The CITY waives any and all rights to any type of express and implied
indemnity against the STATE, its officers and employees arising from any
work, authority or jurisdiction delegated to the CITY under this agreement.
F. NIAIN ENANCE FUNCTIONS:
The CITY shall perform only those maintenance functions delegated, as
identified, in Section H (DELEGATION OF MAINTENANCE) of this Agreement.
A brief description of those maintenance functions delegated to the CITY
are included in this section. The functions are identified by the Caltrans
HM Program Cases, as shown on Attachment 1.
• G. • EXPENDITURE AT 'RIZATION:
The STATE will reimburse the CITY for actual cost of all routine
maintenance work performed by CITY as delegated under Section H of this
Agreement, but it is agreed that during any fiscal year, the maximum
expenditure on any route shall not exceed the amount as shown on Section H of
this Agreement, unless such expenditure is revised by an amended Agreement or
otherwise adjusted or modified as hereinafter provided for.
A new "DELEGATION OF MAINTENANCE" sheet (Section H) will be provided
annually by the STATE for the ensuing fiscal year, if necessary to ensure
equitable annual cost.
The expenditure per route for routine maintenance work as referred to
above nay be increased or decreased,- redistributed between routes, or
...additional expenditures for specific projects costing $5,000 or less may be
made when such adjustment of expenditures for routine maintenance or such
specific work is authorized in writing by the District Director or his
authorized representative. Expenditures for specific projects costing in
excess of the above amount may be made when such specific work is authorized
in writing by the District Director with prior approval from the Chief,
Division of Maintenance at Headquarters.
Additional expenditures or adjustment of expenditures thus authorized
shall apply during the fiscal year designated therein and shall not be deemed
to permanently modify or change the basic maximum expenditure per route as
hereinafter specified. An adjustment of the said maximum expenditure, either
increase or decrease, shall not affect other terms of the Agreement.
•
H. DELEGATION OF MAI: .NANCE:
The specific maintenance functions indicated below are hereby delegated
to the CITY. This delegation of maintenance function set forth herein does
not include areas and functions of which the control and maintenance rest
with the local authority under the terms of Freeway Agreements and/or Freeway
Maintenance Agreements.
•
MAXIMUM
ANNUAL
ROUTE LENGTH PROGRAM AUTHORIZED
NO. MILES DESCRIPTION OF ROUTING DELFGA'1'D EXPENDITURE
•
23 3.59 New Los Angeles Avenue frau the HM2D $2,000
intersection with Moorpark Fwy.
PM T11.467, to the Temp. connection,
PM T12.260, Approx. 0.793 mi.
Los Angeles Avenue from the
Temp. connection, PM T12.260,
to Moorpark Avenue, PM R12.900,
Approx. 0.640 mi.
-Moorpark Avenue from Los Angeles
Avenue PM R12.900 to the NCL, about
7600 Ft. n/o Casey Rd., PM 13.621;
-approx. 1.439 mi.
118 4.55 Los Angeles Ave. frau Butter Creek HM2D $6,000
Rd., PM 16.15 to Moorpark Rd.,
PM R17.905; approx. 1.76 mi.
Moorpark Rd. frau Los Angeles Ave.
PM R17.905 to High St., PM 18.371;
approx. 0.466 mi.
Los Angeles Ave. frau High St./Moorpark
Road PM 18.371, to College View Avenue,
PM 20.698; approx. 2.327 mi.
TOTAL AUTHORIZED EXPENDITURE $8,000
• H. DELEGATION OF ,_.INidNANCE:
The specific maintenance functions indicated below are hereby delegated
to the CITY. This delegation of maintenance function set forth herein dnas
not include areas and functions of which the control and maintenance rest
with the local authority under the terms of Freeway Agreements and/or Freeway
Maintenance Agreements.
MAXIMUM
ANNUAL
ROUTE LENGTH PROGRAM AUTHORILt,u
NO. MILES DESCRIPTION OF ROUTING DELEGATED EXPENDITURE
23 3.59 New Los Angeles Avenue frau the HM2D $ 8 ,000
intersection with Moorpark Fwy. UM4'
PM T11.467, to the Temp. connection,
PM T12.260, Approx. 0.793 mi.
Los Angeles Avenue from the
Temp. connection, PM T12.260,
to Moorpark Avenue, PM R12.900,
Approx. 0.640 mi.
Moorpark Avenue from Los Angeles
Avenue PM R12.900 to the NCL, about
7600 Ft. n/o Casey Rd., PM 13.621;
approx. 2 . 16 m i .
118 4.55 Los Angeles Ave. from Butter Creek HM2D $13 ,000
Rd., PM 16.15 to Moorpark Rd., HM4M
PM R17.905; approx. 1.76 mi.
Moorpark Rd. frau Los Angeles Ave.
PM R17.905 to High St., PM 18.371;
approx. 0.466 mi.
Los Angeles Ave. from High St./Moorpark
Road PM 18.371, to College View Avenue,
PM 20.698; approx. 2.327 mi.
TOTAL AUTHORIZED EXPENDITURE $21 ,000
•
I. SUBPIISSION OF BILLS:
The CITY shall 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 close of corresponding billing period and should be coded according
to the Caltrans NM Program Code as outlined in this Agreement. Bills
submitted for periods prior to the last fiscal year will be deemed waived and
not be honored.
-. Equipment shali .be charged at mutually acceptable rental rates and labor
and material at actual cost. The CITY will be allowed to recover overhead
and administrative costs only to the extent that such charges include
applicable expenses incurred by the CITY in the execution of the work. Said
factors and method shall be subject to approval by the STATE.
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 for processing this type of bill will be
allowed by the City.
Emergency and storm repairs performed by the CITY will be paid for only
with prior approval of the STATE'S Highway Superintendent of that specific
area. In addition, the CITY should immediately notify the STATE'S Area
Superintendent for the area of any storm damage or other emergency condition
affecting the STATE highway. The CITY shall maintain, on a generally
accepted accounting basis complete and accurate records that support all
billings. These records shall be made available to STATE representatives for
review during normal business hours for a period of three (3) years after
payment of said billings.
J. TERM OF AGREEMENT
This Agreement shall became effective. July 1, 1985
and shall remain in full force and effect until amended or terminated.
This Agreement may be amended or terminated at any time upon mutual
consent of the parties thereto. This Agreement may also be terminated by
either party upon thirty (30) days' notice to the other party.
• Attachment 1
•
MAINTENANCE FUNCTION DESCRIPTIONS
HM2D ROADWAY LI'fii:R AND DEBRIS
This provides for removal of litter and debris frau rcwlway surfaces and
roadsides.
HM4M PAVEMENT DELINEATION
This provides for the repainting of traffic stripes and markings, and
the cleaning, removal and replacement of raised pavement markers.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals
the day and year first above written.
CITY OF MOORPARK
By
Mayor
City Clerk
'STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
LEO TROMBATORE
Director of Transportation
By
City Attorney • Senior. Maintenance Engineer
By
ALBERT PRIETO
Mayor
JAMES D. WEAK
Mayor Pro Tern
THOMAS C. FERGUSON
Counciimember
DANNY A. WOOLARD
Councllmember
LETA YANCY - SUTTON
Councilmember
DORIS 0. BANKUS
City Clerk
JOHN C. GEDNEY
City Treasurer
TO:
FROM:
DATE:
SUBJECT:
MOORPARK
M E M O R A N D U M
The Honorable City Council
Steven Kueny, City Manager
July 1, 1985
Street Sweeping on State Routes
J&"C' /Oc-i
STEVEN KUENY
City Manager
CHERYL J. KANE
City Attorney
NIALL FRITZ
Director of
Community
Development
R. DENNIS DELZEIT
City Engineer
JOHN V. GILLESPIE
Chief of Police
Attached is a list of the areas that could be swept on State
Highways 23 and 118 within the City. The Council should decide
which areas to include and the frequency of sweeping.
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attachment
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
HIGHWAY #23
14 S
1. North City Limit to Casey Road (approxiamtely 6700 feet)
(a) east side - no sweeping
(b) west side - sweep from County Public Works -a-,-t4-li-iz/--
4ca44- to Casey Road .5 miles
2. Casey Road to High Street
(a) east side .3 miles
'(b) west side .3 miles
3. High Street to Los Angeles Avenue
• (a) east side .4 miles
• (b) west side .4 miles
4. Los Angeles Avenue from Moorpark Avenue
to Moorpark Road
(a) north side .4 miles
(b) south side .4 miles
(approximately .2 miles currently has curbs
on the north side and .1 miles on the south side)
5. New Los Angeles Avenue from Moorpark Road
to Freeway entrance
(a) north side .6 miles
(b) south side .6 miles
(all of it either has concrete or AC curb)
lr-c mac, 44 7 JYJ QJ
3. Maureen Lane to Gabbert Road (Tierra Rejada)
(a) north side (partial curb) .2 miles
(b) south side (partial curb) .2 miles
4. Gabbert Road (Tierra Rejada) to Buttercreek Road
(a) north side (no curb) .4 miles
(b) south side .4 miles
5. Moorpark Road - from High Street to
New Los Angeles Avenue
(a) north side .5 miles
(b) south side .5 miles
6. Los Angeles Avenue from Moorpark Road - east to
13820 Los Angeles Avenue
*(a) north side .2 miles
*(b) south side 1, .2 miles
7. 13820 Los Angeles Avenue - to 150 west of
Nogales Street (no curb)
(a) north side .5 miles
(b) south side .5 miles
HIGHWAY #118
1. Moorpark
Rem to Park Lane
*(a)
north
side
.2
miles
*(b)
south
side (no
curb except in front
of
Circle K Market)
.2
miles
2. Park
Lane
to H�F
-0'
(no curbs)
(a)
north
side
.6
miles
(b)
south
side
.6
miles
3. Maureen Lane to Gabbert Road (Tierra Rejada)
(a) north side (partial curb) .2 miles
(b) south side (partial curb) .2 miles
4. Gabbert Road (Tierra Rejada) to Buttercreek Road
(a) north side (no curb) .4 miles
(b) south side .4 miles
5. Moorpark Road - from High Street to
New Los Angeles Avenue
(a) north side .5 miles
(b) south side .5 miles
6. Los Angeles Avenue from Moorpark Road - east to
13820 Los Angeles Avenue
*(a) north side .2 miles
*(b) south side 1, .2 miles
7. 13820 Los Angeles Avenue - to 150 west of
Nogales Street (no curb)
(a) north side .5 miles
(b) south side .5 miles
. .
HIGHWAY #118 (continued)
8. Los Angeles Avenue - from 150 west of Nogales
Street to Condor Drive
(a) north side
(b) south side
9. Los Angeles Avenue - Condor Drive to Condor Drive
(a) ne-r-th s i d e
(b) 4ue side
10. Los Angeles Avenue - Condor Drive to College View
(a) north side (.2 miles curb adjacent to
Campus Park)
(b) south side
11. (Old) Highway 118 - from College View to
Villa Del Arroyo Mobile Home Park
(a) north side
(b) south side
2 miles
2 miles
.3 miles
.3 miles
1.0 miles
1.0 miles
.2 miles
.2 miles
12. (Old) Highway 118 - from west end of Villa Del Arroyo
Mobile Home Park to its east property line
(a) north side (no curb) .7 miles
(b) south side (curbs) .7 miles
11 and 12 will be relinquished to the City within the next few months
Areas designated with an * are to be swept weekly
7-