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HomeMy WebLinkAboutAGENDA REPORT 1985 0617 CC REG ITEM 10CALBERT PRIETO ` Mayor JAMES D. WEAK Mayor Pro Tem THOMAS C. FERGUSON Councilmember DANNY A. WOOLARD Councilmember LETA YANCY - SUTTON Councilmember DORIS D. BANKUS City Clerk JOHN C. GEDNEY City Treasurer TO: FROM: MOORPARK MEMORANDQ,M The Honorable City Council R. Dennis Delzeit, City Engineer PA&6 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 RECEIVED ,I I I N 12 1985 DATE: City Council Meeting of June 17, 1985 City of T 91 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°i) 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 Authorize the Mayor to execute the State Highway Maintenance Agreement on behalf of the City. RDD:MW:jg JN 3567 1 PGREEME, FOR MAINTENANCE OF STATE HIGHF IN THE CITY 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". W I T N E S S E T H: 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. This Agreement shall supersede any previous AGREEMENT FCR MAINTENANCE 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. MAINI'ENAICE DEFILED: 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. DEIMM 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 Code, as set 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, mans 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 reason 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 srmit will be required for thin' 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 same 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 sett=ing 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 RMATIONS 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 frog. all claims, suits or actions of every name, 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 inplied indemnity against the STATE, its officers and employees arising from any work, authority or jurisdiction delegated to the CITY under this agreement. F. MAINTENANCE 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 Codes, as shown on Attachment 1. G. , EXPENDITURE AUr "IZATION: 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 may 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 MAID _ -,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 DELEGATED EXPENDITURE 23 3.59 New Los Angeles Avenue from the HM2D $2,000 intersection with Moorpark Fwy• PM T11.467, to the Tenp. 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 fran 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. fran Butter Creek HM2D $6,000 Rd., PM 16.15 to Moorpark Rd., PM R17.905; approx. 1.76 mi. Moorpark Rd. from Los Angeles Ave. PM R17.905 to High St., PM 18.371; approx. 0.466 mi. Los Angeles Ave. fran High St. /Moorpark Road PM 18.371, to College View Avenue, PM 20.698; approx. 2.327 mi. TOTAL AU'T'HORIZED EXPENDITURE $8,000 I. SUBMISSION 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 HM 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 shall 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 becane 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 MAINTENA2CE FUNCTION DESCRIPTIONS HM2D ROADIVAY LITTER AND DE13RI S This provides for removal of litter and debris from roadway 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. :0 CITY OF MOORPARK By Mayor City Clerk STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION LEO TROMBATORE Director of Transportation By _ City Attorney Senior Maintenance Engineer 10 i i H. DELEGATION OF 1'�11b_,c;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 / Free way 1 Maintenance Agreements. - - MAXIMUM ROUTE LENGTH ANNUAL PROGRAM NO MILES DESCRIPTION OF ROUTII --- DELEGATED AUTHORIZED EXPENDI'T'URE 23 3.59 New Los Angeles Avenue from the HY2D $ 8- 000 intersection with Moorpark Fwy. HM49 PM Tll.467, to the Temp, connection, PM T12.260, Approx. 0.793 mi. Los Angeles Avenue from the Tip. 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 mi. 118 4.55 Los Angeles Ave, from Butter Creek HM2D $13, 000 Rd., PM 16.15 to Moo Moorpark Rd .. HM4:Nt PM R17.905; approx. 1.76 mi. Moorpark Rd. from 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. SUBMISSION 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 HM 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 shall ..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 become 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. Attach mnt 1 MAINTENAI -E FUNCTION DESCRIPTIONS HM2D ROADlAY LITTER AND DEBRIS This provides for removal of litter and debris from roadway surfaces and roadsides. HMV 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 Attorney CITY OF MOORPARK By Mayor City Clerk STATE OF -CALIFORNIA DEPARTMENT OF TRANSPORTATION LEO TROMBATORE Director of Transportation By :Senior Maintenance Engineer EXH /B /T 'B s ; AGREEMET FOR MAINTENANCE OF STATE HIGHW' , IN THE CITY OF MOORPARK THIS AGREEMENT, made and executed in duplicate this day of , 19 , by and betv,een 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". W I T N E S S E T H: 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. H. PMENT: This Agreement shall supersede any previous AGREEMENT FOR MAINTENENCE 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. MAINTENAICE 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 OIL the Streets and Highways Code, as set 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 trm 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 reason 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 encroachmen ermit will be required for thi 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 same random checks as provided for wrk 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 RE ATIONS 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 fran all claims, suits or actions of every name, kind and description brought for or in account of injuries to or death of any person or damage to property resulting fran 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 inde?r►nity against.the STATE, its officers and employees arising fran any work, authority or jurisdiction delegated to the CITY under this agreement. F. MAINTENANCE 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 Codes, as shown on Attachment 1. f G. � EXPENDITURE AT 'RIZATION: The STATE will reimburse the CITY for actual cost of all routine It 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 may 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. . r H. DELEGATION OF i,_. - NTENANCE 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. Mcmrpark Avenue from Los Angeles Avenue PM 812.900 to the N-L, about 7600 Ft. n/o Casey Rd., PM 13.621; approx. 1.439 mi. 118 4.55 Los Angeles Ave. from Butter Creek HM2D $7,000 Rd., PM.:16.15 to Moorpark Rd., HM4 M PM R17.905; approx. 1.76 mi. Moorpark Rd. fronn Los Angeles Ave. PM R17.905 to High St., PM 18.371; approx. 0.466 mi. Los Angeles Ave. fran High St. /Moorpark Road PM 18.371, to College View Avenue, PM 20.698; approx. 2.327 mi. TOTAL AUTHORIZED EXPENDITURE $10,000 MAXIKJM ANNUAL ROUTS LENGTH PROGRAM KLITHORI ZED NO. MILES DESCRIPTION OF ROUTING DELEGATED EXPENDITURE 23 3.59 New Los Angeles Avenue from the HM2D $3,000 intersection with Moorpark Fwy. BMW PM T11.467, to the Temp. connection, PP1 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. Mcmrpark Avenue from Los Angeles Avenue PM 812.900 to the N-L, about 7600 Ft. n/o Casey Rd., PM 13.621; approx. 1.439 mi. 118 4.55 Los Angeles Ave. from Butter Creek HM2D $7,000 Rd., PM.:16.15 to Moorpark Rd., HM4 M PM R17.905; approx. 1.76 mi. Moorpark Rd. fronn Los Angeles Ave. PM R17.905 to High St., PM 18.371; approx. 0.466 mi. Los Angeles Ave. fran High St. /Moorpark Road PM 18.371, to College View Avenue, PM 20.698; approx. 2.327 mi. TOTAL AUTHORIZED EXPENDITURE $10,000 r I. SUBMISSION 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 HM 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 shall be charged at mutually acceptable rental rates and labor and material at actual_ cost. The CI'T'Y 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- mntioned 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 ACREEMEI This Agreement shall become 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. v � V Attachirent 1 MAIWENA,WE FTJ=ON DESCRIPTIONS HM2D ROADGAY LITTER AND DEBRIS This provides for removal of litter and debris from roadway 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. is CITY OF MOORPARK By Mayor City Clerk -STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION LEO TROMBATORE Director of Transportation By City Attorney • Senior Maintenance Engineer oo