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2019/10/22 City Council Resolution 2019-136 RESOLUTION NO. 2019-136 A RESOLUTION AUTHORIZING THE EXECUTION OF A DELEGATED MAINTENANCE AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THREE TRAFFIC SIGNALS ALONG HIGHWAY 101 AND RELATED ACTIONS WHEREAS, improving the flow traffic within the City is a high priority for the community and City; and WHEREAS, through the Traffic Signals System Needs Project (Project 2016-07)the City has budgeted to invest in an Automated Traffic Management System (ATMS) which has been deployed on the City-owned signals on the Golf Course Drive and Rohnert Park Expressway Corridors; and WHEREAS,the State of California Department of Transportation(CalTrans) owns and operates three of the traffic signals along these corridors located at the Golf Course Drive and Southbound Highway 101 On/Off Ramp, the Rohnert Park Expressway and Highway 101 Southbound On/Off Ramp, and Rohnert Park Expressway and Highway 101 Northbound On/Off Ramp; and WHEREAS, the City currently funds one-half of the operational costs of the CalTrans signals; and WHEREAS, in order to holistically improve traffic flow in these corridors, all signals, including the CalTrans signals, should be coordinated and controlled through the ATMS; and WHEREAS, the City and CalTrans have negotiated a Delegated Maintenance Agreement (Agreement) in which would allow the City to assume operational responsibility for the signals and control the signals through the ATMS while maintaining equal cost share with CalTrans; and NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize the Delegated Maintenance Agreement for Maintenance of State Highway in the City of Rohnert Park BE IT FURTHER RESOLVED that the Mayor and the City Manager are hereby authorized and directed to take all actions to effectuate this agreement for and on behalf of the City of Rohnert Park, including execution, if necessary, in substantially similar form to the agreement attached hereto as Exhibit"A," subject to minor modifications by the City Manager or City Attorney. BE IT FURTHER RESOLVED that the Finance Manager is hereby authorized to invoice the State and receive payment for maintenance of the traffic signals and any other mutually shared cost that the City performs under the Agreement. DULY AND REGULARLY ADOPTED this 22nd day of October, 2019. CITY OF ROHNERT PARK - -6&1 A� ATTEST: Gina Bel e, a or Sylvia pez Cuevas, Assistant City Clerk Attachments: Exhibit A ADAMS MACKENZIE: STAF ORD: CALLINAN: BELFORTE AYES: ( - ) S: ( y) ) ABS T: ( � ) ABSTAI ( � ) Resolution 2019-136 2 Reso Exhibit A L__._. Draft.9-25'-19 DELEGATED MAINTENANCE AGREEMENT FOR MAINTENANCE OF STATE HIGHWAY IN THE CITY OF ROHNERT PARK THIS AGREEMENT is made effective this day of , 20_, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and the CITY of Rohnert Park; hereinafter referred to as "CITY" and collectively referred to as "PARTIES". SECTION I RECITALS I. The PARTIES desire to provide that CITY perform particular maintenance functions on the State highways within the CITY as authorized in Section 130 of the Streets and Highways Code. 2. This Agreement shall supersede any previous agreement or amendments thereof with the CITY for maintenance of the portion of the State highways CITY as identified in Exhibit A which is attached and made a part of this agreement. 3. The CITY will perform such maintenance work as is specifically delegated to it, on the identified State highway routes, or portions thereof, all as hereinafter described under this agreement and Exhibit"A"and "B". The Exhibit may be subsequently modified upon written consent of the PARTIES hereto acting by and through their authorized representatives. No formal amendment to this Agreement will be required. 4. 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 and the then current edition of the State Maintenance Manual. 5. The functions and levels of maintenance service delegated to the CITY in the attached Exhibit "A",Delegation of Maintenance has been considered in setting authorized total dollar amounts. The CITY may perform additional work if desired,but the STATE will not reimburse the CITY for any work in excess of the authorized dollar limits established herein. NOW THEREFORE IT IS AGREED: SECTION II AGREEMENT 1. The STATE will reimburse the CITY for the actual cost of all routine maintenance work performed by the CITY as delegated under Exhibit A and B to this Agreement. It is agreed that during any fiscal year, the maximum expenditure on any route shall not exceed the amount as shown in Exhibit A to this Agreement unless such expenditure is revised by an amended Agreement or otherwise adjusted or modified as hereinafter provided for. Draft 9-25-19 1.1. The cost of operating and maintaining utility-owned and maintained lighting now in place at the intersection of any State highway route and any CITY street/road shall be shared as shown in Exhibit B which is attached and made a part of this agreement. 1.2. Upon written request by CITY the expenditure per route for routine maintenance work, as referred to in Exhibit "A", may be increased, decreased, redistributed between routes, or additional expenditures for specific projects may be made by STATE. However, such adjustments should be authorized in writing by the District Director or his authorized representative and accepted by in writing by CITY. Exhibit"A"need not be amended. 1.3. Additional expenditures or an adjustment of expenditures, once authorized shall apply only for the fiscal year designated therein and shall not be deemed to permanently modify or change the basic maximum expenditure per route as specified in Exhibit "A". An adjustment of any said maximum expenditure, either an increase or decrease, shall not affect other terms of the Agreement. 2. Exhibits "A" and "B" can be amended as necessary by written concurrence of PARTIES to reflect any future changes,deletion or additions or to ensure an equitable annual cost allocation. 3. The CITY will 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 the close of STATE's fiscal year on each June 30`h 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 will not be honored. 4. 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 by the CITY for the direct cost of processing this type of bill will be allowed. 5. LEGAL RELATIONS AND RESPONSIBILITIES 5.1. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not PARTIES to this contract or to 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. 5.2. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY under this Agreement. It is understood and agreed that CITY will fully defend, indemnify, and save harmless STATE and all its officers and employees from all claims, suits, or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. Draft 9-25-19 5.3. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or jurisdiction conferred upon STATE under this Agreement.It is understood and agreed that STATE will fully defend, indemnify, and save harmless CITY and all its officers and employees from all claims, suits,or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement. 6. PREVAILING WAGES: 6.1. Labor Code Compliance-If the work performed on this Project is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public work" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815,and all applicable provisions of California Code of Regulations found in Title 8,Chapter 8, Subchapter 3,Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public work. Work performed by CITY'S own forces is exempt from the Labor Code's Prevailing Wage requirements. 6.2. Prevailing Wage Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts funded by this Agreement when the work to be performed by the subcontractor is a"public work"as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts. 7. INSURANCE - CITY and its contractors shall maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of$1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement. 7.1. If CITY is self insured. CITY agrees to deliver evidence of self-insured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of$1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement in a form satisfactory to STATE, along with a signed copy of the Agreement. 7.2. If using Contractor - If the work performed under this Agreement is done by CITY's contractor(s), CITY shall require its contractor(s)to maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury Draft 9-25-19 liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of$I million per occurrence and $2 million in aggregate and$5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE and shall be delivered to the STATE with a signed copy of this Agreement. 8. STATE costs and expenses assumed under the terms of this Agreement are conditioned upon the passage of the annual State of California Budget by the Legislature, the allocation of funding by the California Transportation Commission as appropriate, and the encumbrance of funding to the District Office of STATE to pay the billing by CITY. 9. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES, and CITY's failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE. 10. TERM OF AGREEMENT-This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause. 11. PARTIES are empowered by Streets and Highways Code section 114 and 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.' Draft 9-25-19 IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first above written. THE CITY OF ROHNERT PARK STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By: TOKS OMISHAKIN Mayor Director of Transportation Initiated and Approved By: BY: CITY Manager DAVID AMBUEHL Date Deputy District Director Maintenance District ATTEST: By: CITY Clerk As to Form and Procedure: By: BY: CITY Attorney Attorney Department of Transportation EXHIBIT "A" DELEGATION OF MAINTENANCE Route Length Description of Routing Program Maximum Annual No. Miles Delegated Authorized Expenditure 101 2.24 Freeway from south city limits HM4K $ 5000.00 continuous to north city limits of Cotati to north city limits TOTAL ANNUAL AUTHORIZED EXPENDITURE: $5000.00 1 MAINTENANCE FUNCTION DESCRIPTION MAINTENANCE PROGRAM FUNCTIONS: The CITY shall perform only those maintenance functions delegated, as identified, in EXHIBIT"A" (Delegation of Maintenance) of this Agreement. A brief description of those maintenance functions delegated to the CITY are as follows, identified by the Caltrans HM Families (Program) codes. HM4K ELECTRICAL (Chapter K of the Maintenance Manual) This includes maintenance work performed on highway electrical facilities including flashing beacons, traffic signals, traffic signal systems, safety lighting and sign lighting. It also includes the electrical energy for these items. The STATE will not pay for the maintenance, installation, repair, servicing, nor power for ordinary street lighting. However, lighting at intersections, which qualify as safety lighting under warrants approved/accepted by the STATE will be paid for when specifically authorized by the District Director. Where such lighting has been authorized, the maintenance and energy costs thereof shall be shared between the STATE and the CITY on a pro rata basis in the same ratio as the number of legs in the intersection under each jurisdiction bears to the total number of legs. The authorized lights are listed in Exhibit B. The cost of maintaining traffic signals or other electrically operated traffic devices and safety lighting now in place or those which may hereafter be installed at the intersection of any STATE highway route and any CITY street shall be shared between the STATE and the CITY on a pro rata basis in the same ratio as the number of legs in the intersection under each jurisdiction bears to the total number of legs. The same principle of cost distribution shall apply to freeway interchanges. The above does not apply if there is an Electrical Facility Cost Sharing Agreement in force. 1 EXHIBIT "B" LIGHTING AGREEMENT Caltrans and CITY, in Accordance with Maintenance Agreement Effective BASIS OF COST DISTRIBUTION-CITY to Bill State for Expenses Number Route Post Location Description Type of %Cost Distribution Mile Facility CITY/STATE 1 101 13.89 Rohnert Park Signal and 50/50 Expressway& Lightings Southbound ramps E20E7 2 101 13.89 Rohnert Park Signal and 50/50 Expressway& Lightings Northbound ramps E20E6 3 101 14.95 Golf Course Drive & Signal and 50/50 Southbound ramps Lightings E20J0 1