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HomeMy WebLinkAbout4.03 RvsdAgrmntMntSRRD/DBSnGITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: April 10, 1989 SUBJECT' Revised Agreement for Maintenance of San Ramon Road/Dublin Blvd. Traffic Signals (Report by Public Works Director Lae Thompson) EXHIBITS ATTACHED: 1) Resolution 2) Agreement RECOMMENDATIO~//~r~dopt resolution approving agreement and authorize Mayor to execute. FINANCIAL STATEMENT: The agreement provides that the City will receive 25% of the maintenance and energy costs for the San Ramon Road/Dublin Blvd. traffic signal from Caltrans (approximately $1,800 for costs incurred since September of 1989 and approximately $1,200 per year hereafter). DESCRIPTION: Until September of 1987, Caltrans maintained the traffic signals at the intersection of Dublin Boulevard and San Ramon Road. The cost of maintenance and energy was shared, with Dublin paying 75% to Cattrans. When the City undertook reconstruction of this intersection as part of the San Ramon Road Phase II project, the City arranged for Alameda County to 'perform the maintenance as part of their signal maintenance contract. This revised agreement will enable the City to bill Caltrans for 25% of the future costs, as well as 25% of the costs incurred since tlne City took over the signals in September of 1987. Staff recommends that the City Council adopt the resolution approving the agreement and authorize the Mayor to execute same. ITEM NO. ,.' ~ . COPIES TO: RESOLUTION NO. -89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AGREEMENT WITH THE STATE OF CALIFORNIA FOR MAINTENANCE OF TRAFFIC SIGNALS AT DUBLIN BOULEVARD/SAN RAMON ROAD INTERSECTION WHEREAS, the City of Dublin has accepted responsibility for maintenance of the traffic signals at the intersection of Dublin Boulevard and San Ramon Road; and WHEREAS, a portion of this intersection is located within the State of California's right-of-way; and WHEREAS, the cost of maintenance and energy for the traffic signals shall be shared by both parties, with the City of Dublin contributing 75% and the State of California contributing 25%; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves an agreement between the City of Dublin and the State of California for maintenance of said traffic signals and authorizes the Mayor to execute same. PASSED, APPROVED, AND ADOPTED this 10th day of April, 1989. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk STATE OF CALIFORNIA--BUSINESS, TRANSPORTA1;,~r4 AND HOUSING AGENCY GEORGE DEUKMEJIAN, Governor DEPARTMENT OF TRANSPORTATION BOX 7310 SAN FRANCISCO, CA 94120 (415) 923-4444 March 17, 1989 t AR 2 0 't989 PUBLIC wORKS 04-Ala-580 404.17 Dub Mr. Rich Lierly Assistant City Engineer City of Dublin P. O. Box 2340 Dublin, CA 94568 Dear Mr. Lierly: Attached are three copies of the revised Agreement for Maintenance of State Highways in the City of Dublin. The effective date is July 1, 1987, to enable the City to be reimbursed from the date that the City assumed maintenance responsibilities for the traffic signals at the intersection of San Ramon Road and Dublin Boulevard. Kindly return two copies, signed with seals affixed, and two copies of the City Council Resolution authorizing execution of the agreement. A completely executed copy will be returned to you for the City's files. The date of execution will be filled in by our office. Sincerely yours, BURCH C. BACHTOLD District Director g. M. CHIN Senior Engineer Maintenance Services Branch Attachment AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF DUBLIN 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 "STATE" and the City of Dublin hereinafter referred to as "CITY". W I TNE S S E T H: A. RECITALS: The parties desire to provide for the CITY to perform particular maintenance functions on the State highway(s) within the CITY as provided in Section 130 of the Streets and Highways Code. B. AGREEMENT: This Agreement shall supersede any previous AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF DUBLIN and/or Amendments thereto with the CITY. In consideration of mutual covenants and promises herein contained, it is agreed: The CITY will perform such maintenance work as is specifically delegated to it, on State highway routes or portions thereof, 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 representatives. C. MAINTENANCE 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 therefor 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, 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 CITY's maintenance responsibilities as spelled out in the Agreement. An Encroachment Permit will be required for third 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 setting authorized total and route dollar amounts. The CITY may perform additional work if desired but the STATE will not reim6urse 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. -2- E. LEGAL RELATIONS AND RESPONSIBILITIES: 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 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 the STATE nor any officer or employee thereof 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 for Maintenance. It is also understood and agreed that, pursuant to Government Code Section 895.4, the CITY shall fully indemnify and hold the STATE harmless from 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 understood and agreed that neither CITY, nor any officer or employee thereof, is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the STATE under or in connection with any work, authority or jurisdiction not delegated to the CITY under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully indemnify and hold CITY harmless from any damage or liability occurring by reason of anything done or omitted to be done by the STATE under or in connection with any work, authority or jurisdiction not delegated to 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 Families (Program) Codes. -3- HM4K ELECTRICAL 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. Maintenance of the "designed" timing is the responsibility of the CITY. Timing records shall be kept in both CITY Maintenance and Traffic Branches. EMERGENCY OPERATION OF TRAFFIC SIGNALS Flashing operation shall be considered as the "primary emergency mode of operation at all intersections". Red/ yellow or all red may be used, as determined by State Traffic Engineering. Every effort shall be made to restore the intersection to normal operation as soon as possible. -4- G. EXPENDITURE AUTHORIZATION: The STATE will reimburse the CITY for actual cost of all routine maintenance work performed by the 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 review and concurrance by the CITY for the ensuing fiscal year, if necessary, to insure 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 $5,000 may be made when such specific work is authorized in writing by the District Director with prior approval from the Chief, Division of Highway 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. -5- H. DELEGATION OF MAINTENANCE: The specific maintenance function indicated below (and on "EXHIBIT A") is 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 580 -0- In the City of Pleasanton, HM4K $1,500.00 along the Dublin south city limits. Authorized Expenditure Route 580 680 1.70 From the south city limits None near Route 580 to the north city limits at Alcosta Boulevard, a length of 1.70 miles. Total Authorized Expenditure $1,500.00 --0-- $1,500.00 -6- I. SUBMISSION OF BILLS: 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 close of corresponding billing period and should be coded according to the Caltrans HM Families 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 the CITY. Emergency and storm repairs performed by the CITY will be paid for only with prior approval of the STATE's Highway Maintenance Superintendent of that specific area. In addition, the CITY should notify the STATE's Highway Maintenance Superintendent for the area of any storm damage or other emergency condition affecting the STATE highway. Repair of equipment damaged in vehicular accidents shall be considered routine maintenance. 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 such billings. J. TERM OF AGREEMENT: This Agreement shall become effective July 1, 1987 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 written notice to the other party. -7- IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. CITY OF DUBLIN By Mayor City Attorney City Clerk By STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION ROBERT K. BEST Director of Transportation By Deputy District Director DATE 0 H 0 0 o o X H 0 0 0 H