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HomeMy WebLinkAboutAGENDA REPORT 1996 0207 CC REG ITEM 07D1TE AGENDA REPORT C = TY OF MOORPARK ct 1 "0 FROM: The Honorable City Council Kenneth C. Gilbert, Director of Public Works DATE: January 29, 1996 (Council Meeting 2 -7 -96) SUBJECT: Consider COOPERATIVE AGREEMENT with the County of Ventura Regarding Joint Funding of the Construction of a Temporary Traffic Signal at Tierra Rejada Road and Moorpark Road •, On December 6, 1995, the City Council approved the plans and specifications for the subject project and authorized staff to advertise for bids. The bids for that project have been presented for to the City Council for consideration under a separate report. The County of Ventura has tentatively agreed to pay for one - third of the cost of this traffic signal. A Cooperative Agreement (Exhibit 'A') has been prepared setting forth certain terms and conditions relative to this sharing of the costs for this project. C. Signal Controller As a separate matter, the County of Ventura has agreed to purchase the traffic signal controller for this project from the City when and if the temporary traffic signal is removed. Those costs are not a part of the project costs subject to the cost sharing. R M. -s- It is anticipated that the subject Agreement will be presented to the Board of Supervisors later this month. It requested that the City Council approve the subject Agreement subject to final language approval by the City Attorney and City Manager. 3pl-tr5. •qr 96 -o 7 Cooperative Agreement with County Traffic Signal @ Moorpark Rd & Tierra Rejada Rd January 1996 Page 2 E. County's Shgre of Project Costs A summary of the estimated amount of the County's share of project costs is as follows: Estimated Element Cost (S) • Total Estimated Cost 42,000 • Less controller costs 5,778) sub -total 36,222 • County share (% of 36,222) 12,074 • Plus future reimbursement for traffic signal controller ** 5,200 Total 17,274 * * Note: $5,778 x 0.9 = $5,200 Staff recommends that the City Council approve the subject AGREEMENT, subject to final language approval by the City Attorney and City Manager, and authorize the Mayor to execute same. nplttr5.agr '00004,S f . I ` DRAFT January 31, 1996 CONSTRUCTION OF TEMPORARY TRAFFIC SIGNAL SYSTEM COOPERATIVE AGREEMENT THIS AGREEMENT, is made and entered into as of the day of , 19 , by and between the CITY OF MOORPARK,.a municipal corporation of the State of California ( "City "), and the COUNTY OF VENTURA, a public body, corporate and politic ( "County "). I A. County and City contemplate the installation of a temporary traffic control signal system at the intersection of Tierra Rejada Road and Moorpark Road. B. The results of an engineering study performed by City in accordance with the Traffic Manual published by the State of California, Department of Transportation, warrants the installation of traffic control signal system. C. County has jurisdiction over one of the three legs of said intersection. 00004!1 D. City has jurisdiction over two of the three legs of said intersection. E. City and County desire to share the cost of all design engineering, construction and construction engineering for the installation of the traffic control signal system, except the cost of certain hardware and equipment to be furnished by the City, as listed in Exhibit 1 attached hereto and made a part hereof (hereinafter "Project C ost" 1. F. The estimated amount of the Project Cost is $36,222. The traffic signal controller is to be acquired from the City by the County when and if the temporary traffic signal is removed. All City supplied hardware and equipment shall remain the property of the City when and if the temporary traffic signal is removed. )f the mutual covenants contained herein, the parties agree as follows: City shall award a construction contract for installation of the traffic control signal system by means of a contract with a construction contractor licensed by the State of California. Such contract shall be let and carried out in accordance with the laws governing City with reference to such work. Any change orders and extra work orders shall be subject to the prior approval of County's Director of Public Work, which approval shall not be unreasonably withheld. 2. Upon completion of construction of the traffic control signal system, the City shall submit to the County an invoice for the total Project Cost. Said invoice shall include an 2 000050 itemization of all design engineering costs, construction costs and construction engineering costs . All design engineering and construction engineering costs shall be limited to applicable professional services contract costs and shall be supported by invoices for such services and a tabulation of all payments made for such services. All City and/or County administrative costs shall be excluded. All construction costs shall be limited to actual construction contract costs, including all approved change orders and extra work orders. and shall be supported by a copy of the final contract and tabulation of all payments made to the contractor. All City and/or County administrative costs shall be exclude. Within thirty (30) days after the receipt by the County of an invoice for the said costs, the County shall reimburse City in an amount equal to 33 1/3 percent of the Project Cost. 3. City shall apply for all necessary encroachment permits for work within County right- of-way, in accordance with County's standard permit procedures. County shall not charge City a fee for issuance, inspection, or administration of said permits. 4. Following acceptance of the completed traffic control signal system, City shall cause the traffic control signal system to be maintained. County will reimburse the City 33 1/3 percent of the annual cost of maintenance and operation of the traffic control system for this intersection until it is removed. City shall submit an annual invoice in arrears to the County for its share of annual maintenance. City shall, at the earliest possible date, but no later than two years from the date of 3 000051 execution of this agreement, commence proceedings required to adjust the city limits to incorporate the right -of -way south of Tierra Rejada Road, and shall pursue to completion said city limit line adjustment to the extent permitted by law.. 6. County shall purchase the traffic signal controller from the City at such time as the temporary traffic signal is removed. Said controller shall be in good working condition at the time of purchase by the County. County agrees to pay 90 percent of the invoiced purchase price for said controller. All traffic signal hardware and equipment of salvageable value (such as the traffic signal heads) for which the County has shared in the cost may be retained by the City for future City use in consideration of City taking the lead role on design and construction of this project. 7. Assignment - No party shall assign or transfer its interest in this Agreement without the written consent of the other party. Governin Law - This Agreement shall be governed by the laws of the State of California.. 9. Terms - No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. No oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. This Agreement may be amended at any time by mutual written agreement. 4 ( OOO 7Z 10. Article Headings - Article headings in this Agreement are for convenience only and are not intended to by used in interpreting or construing the terms, covenants and conditions of this Agreement. it. Partial Invalidity - If any term, covenant or provision of this Agreement is found by a court of competent jurisdictions to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect, and shall in no way be affected, impaired or invalidated thereby. 12. Status: Indemnification - The status of the parties towards one another is that of independent contractors. No joint venture or enterprise is created by this Agreement concerning programs to be financed. d harmless City and its officers, employees, servants and agents from and against any claim, demand, damage, liability, loss, cost or expense, for any damage whatsoever, including, but not limited to, death or injury to any person and injury to any property, proximately resulting from any act or omission of the County or any of its officers, employees, servants or agents in the performance of this Agreement. City shall indemnify, defend and hold harmless County and its officers, employees, servants and agents from and against any claim, demand, damage, liability, loss, cost or expense, for any damage whatsoever, including but not limited to, death or injury to any person and injury 000053 to any property, proximately resulting from any act or omission of the City or any of its officers, employees, savants or agents in the performance of this Agreement. 13. Notices - All notices or other official correspondence relating to contractual matters between the parties hereto shall be made by depositing same in the U.S. Mail, postage paid, and address as follows: To City: Office of the City Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 ATTN: Steven Kueny, City Manager To County: County of Ventura ATTN: Director of Public Works 800 S. Victoria Avenue Ventura, CA 93009 -1600 or to such other address as either party may designate hereinafter in writing delivered to the other party. All correspondence shall be deemed delivered three (3) days after postmark. 000054 IN WITNESS WHEREOF, these parties hereto have executed this Agreement on the day and date first above written. CITY OF MOORPARK a municipal corporation, BY: Mayor ATTEST: BY: City Clerk APPROVED AS TO ADMINISTRATION Steven Kueny, City Manager APPROVED AS TO FORM: BY: City Attorney Attachment - Exhibit 1 7 COUNTY OF VENTURA, a political subdivision of the State of California BY: Chair, Board of Supervisors ATTEST: Richard D. Dean, County Clerk of the County of Ventura, State of California, and ex -officio Clerk of the Board of Supervisors thereof. BY: Deputy Clerk 000055 EXHIBIT 1 603 -2.4 - City Supplied Equipment: The traffic signal hardware and equipment to be provided by the City is listed as follows: Location Description Quant i - - - -- Cabinet: Type 336 with Type P adapter 1 - - - -- Controller: Model 170 with 412C prom module and Bitrans 200 SAE.1 software, 4 transfer relays, 6 detectors, 10 load switches, 3 isolators, 2 flashers and 1 conflict monitor. A 10' 1 A pole I • TV -I J5 (5 section) head 1 B 19 -2 -70 pole 1 • 25' signal mastarm 1 • 15' luminaire mastarm 1 C 10' 1 A pole 1 • TV- I J5 (5 section) head 1 D 19 -2 -70 pole I • 20" signal mastarm 1 • 15' luminaire mastarm 1 • TV- I -T head I 000056