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HomeMy WebLinkAboutReso 071-93 TrafficSigMain RESOLUTION NO. 71-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING NEW AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE AND CROSSING GUARD SERVICES WITH COUNTY OF ALAMEDA WHEREAS, the City Council of the City of Dublin approved an agreement for traffic signal maintenance and crossing guard services with Alameda County on June 30, 1990; and WHEREAS, the City of Dublin and Alameda County have agreed that renewal of the contract benefits both the City and the County; and WHEREAS, the City Council has made a determination not to fund any Adult Crossing Guard Services during Fiscal Year 1993-94; and IVtIEREAS, the Scope of Work to be provided be Alameda County is described in the agreement; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the agreement with Alameda County for Traffic Signal Maintenance and Crossing Guard Services which is attached hereto as "Exhibit A." agreement. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the PASSED, APPROVED, AND ADOFrED this 1st day of June, 1993. AYES: Councilmembers Burton, Houston, Howard, Moffatt and Mayor Snyder NOES: None ABSENT: None ATTES~5~rk~~_~..~ a: (contracts) Isignals lamndreso AGREEMENT BETWEEN CITY OF DUBLIN AND COUNTY OF ALA1VI'EDA PUBLIC WORKS AGENCY FOR TRAFFIC SIGNAL MAINTENANCE AND CROSSING GUARD SERVICES THIS AGREEMENT, made and entered into this tst day of July 1993 by and between the COUNTY OF ALAMEDA PUBLIC WORKS AGtNCY, hereinafter referred to as "COUNTY," and the CITY OF DUBLIN, hereinafter referred to as "CITY." RECITALS: a) CITY is desirous of contracting with COUNTY for the performance of Traffic Signal Maintenance and Crossing Guard Services by COUNTY. b) COUNTY is agreeable to rendering such services on the terms and conditions hereinafter set forth. c) Such contracts are authorized by Section 51300, et. seq., of the Government Code. THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: I. SERVICES TO BE PROVIDED a) COUNTY agrees to provide Traffic Signal Maintenance and Crossing Guard Services within the corporate limits of the CITY to the extent and in the manner hereinafter set forth. Such services shall only encompass duties and functions of the type coming within the jurisdiction of and customarily rendered by the COUNTY Public Works Agency. Services to be provided and the locations of said services are appended to this agreement as Traffic Signal Maintenance Services, Exhibit A and Crossing Guard Services Exhibit B and incorporated by reference. The rendition of such services, the standard of performance and other matters incidental to the performance of such services, and the control of personnel so employed shall remain within the control of COUNTY unless otherwise described in this agreement. In the event of dispute between the parties as to the extent of the duties and functions to be rendered hereunder or the level and manner of performance of such service, COUNTY 's determination thereof shall be final and conclusive as between the parties hereto. b) CITY shall have the ability to eliminate services described in Exhibits A and B in accordance with Section III of this agreement. CITY shall have the ability, on an annual basis, to modify Exhibits A' and B, provided that to the County Deputy Director, Maintenance and Operations, or his/her designee, said modification(s) will not be detrimental to the provision of such services. c) To facilitate the performance of said functions, it is hereby agreed that COUNTY shall have full cooperation and assistance from CITY, its officers, agents, and employees, who shall remain CITY employees .for the purpose .of this agreement. d) For the purposes of performing said functions, COUNTY shall furnish and supply all necessary labor, supervision, machinery, equipment, and supplies necessary to maintain the level of service to be rendered hereunder. Page 1 e) No extraordinary function or service shall be performed pursuant to this agreement by any COUNTY officer or department unless such function or service has been requested in writing by CITY and authorized by the Public Works Director of CITY or his/her designee. CITY shall submit a written service request to the Deputy Director, Maintenance and Operations of COUNTY, or his/her designee, specifying those function and services to be performed by COUNTY. In an emergency situation, services may be requested by CITY and provided by COUNTY pursuant to verbal agreement between the Public Works Director of CITY or his/her designee and the Deputy Director, Maintenance and Operations of COUNTY, or his/her designee. All functions and services provided by COUNTY to CITY shall be performed at the times and under circumstances which do not interfere with the performance of regular COUNTY operations except for CITY emergencies. f) CITY and COUNTY shall mutually agree on any workload data to be maintained by COUNTY for CITY. COUNTY may provide CITY with supplemental workload or cost data requested by CITY subject to availability of information and staff time. CITY will pay COUNTY for the full cost of staff time including overhead required to provide CITY with supplemental information. g) To assist COUNTY in performance of its duties hereunder and to safeguard CITY's streets, it is agreed that CITY shall enact and maintain during the duration of this agreement an ordinance similar to Chapter 1, Title 5 of the Alameda County Ordinance Code (encroachment ordinance). This agreement shall sooner terminate at any time CITY fails to maintain said ordinance. II. PREPARATION OF PLANS/USE OF PRIVATE CONTRACTOR a) If, pursuant to this agreement, COUNTY prepares plans at the written request of CITY, for any project to be constructed by a private contractor, CITY shall have the option of either becoming a part of a COUNTY overall contract for such services, should one be available for advertising on a timely basis, or of entering into a separate contract with such private contractor. b) CITY shall be provided with an opportunity to review said plans prior to their release. If CITY elects to join in a COUNTY overall contract, CITY work shall be bid as an alternate, which CITY shall have the right to reject after bids are received. c) In either case, all plans, profiles, and the specifications therefor, together with the terms of the contract and the accompanying bonds, when prepared by COUNTY, shall be submitted to CITY Public Works Director. If inspections necessary to ascertain the compliance by the contractor with the plans, profiles, and specifications are made by COUNTY, a report thereon shall be submitted to CITY. It shall be COUNTY's responsibility to ultimately determine the adequacy of such performance and to finally certify the work as completed. III. TERMINATION OF SERVICES CITY or COUNTY may terminate those services provided by COUNTY to CITY at any time during the term of the contract upon providing the other party with ninety (90) days' advance written notice unless a shorter time frame is agreed to in writing by the parties. Such notice shall be delivered by certified mail. Upon termination, COUNTY shall provide CITY with all pertinent records. Page 2 LIABILITY a) All persons employed by COUNTY in the performance of the services and functions for CITY pursuant to this agreement shall be and shall remain COUNTY employees. No person employed hereunder shall have any CITY pension, civil service, or other status or right. b) CITY shall not be called upon to assume any liability for the direct payment of any salary, wages, or other compensation to any COUNTY personnel performing services hereunder for CITY, or any liability other than that expressly provided for in this agreement. CITY shall not be liable for compensation or indemnity to any COUNTY employee for any injury or sickness arising out of his/her employment. c) CITY shall assume liability and shall pay cost of defense and hold the COUNTY harmless from loss, costs, or expenses to the extent caused by the negligent or wrongful act or omission of CITY officers, agents, and employees occurring in the performance of this agreement. In addition, when liability arises pursuant to Section 830, et. seq., of the Government Code, by reason of a dangerous condition of public property of the CITY, CITY shall assume liability and pay cost of defense and hold the COUNTY harmless from loss, costs, or expenses cuased by the negligent or wrongful act or omission of CITY officers, agents, and employees arising in the performance of this agreement. d) COUNTY will assume liability and pay cost of defense and hold the CITY harmless from loss, costs, or expenses to the extent cuased by negligent or wrongful act or omission by COUNTY officers, agents, and employees occurring in the perfomrance of this agreement. In addition, when liability arises pursuant to Section 830, et. seq., of the Government Code, by reason of a dangerous condition of the public property of the COUNTY, the COUNTY shall assume liability and pay cost of defense and hold the CITY harmless from loss, costs, or expenses cuased by the negligent or wrongful act or omission of COUNTY officers, agents, and employees arising in the performance of this agreement. V. INSURANCE That insurance agreement between CITY and COUNTY entitled "Addendum to Service Agreements Between County of Alameda and City of Dublin and Insurance Agreement" which is in effect during the term of this agreement shall apply hereto and is fully incorporated herein by reference. VI. COST AND BILLING PROCEDURES a) CITY shall pay COUNTY the actual cost to the COUNTY in performing services hereunder. "Actual cost" shall be the County's direct and indirect costs Of providing the services specified in the Exhibits attached to this agreement. "Actual costs" shall not include general overhead costs as defined in and determined by the Board of Supervisors pursuant to Government Code Section 51350. b) COUNTY shall keep reasonably itemized and detailed work or job records covering the cost of all services performed, including salary, wages, and other compensation of labor; supervision and planning, plus overhead, the reasonable rental value of all COUNTY owned machinery equipment, rental paid for all rented machinery or equipment, together with the cost of an operator Page 3 thereof when furnished with said machinery and supplies furnished by COUNTY, reasonable handling charges, and all additional items of expense incidental to the performance of such function or service. c) On or before March 1st of each year, COUNTY shall provide CITY with projections for service cost during the upcoming fiscal year. CITY shall advise COUNTY of any program changes for the forthcoming fiscal year. d) COUNTY shall bill CITY for services monthly. CITY shall pay COUNTY within thirty (30) days from the date of billing. If such payment is not received by COUNTY at the office which is described on said billing within thirty (30) days after the date of delivery of said billing, COUNTY is entitled to recover interest thereon. Said interest shall be at the rate of one (1) percent simple interest per calendar month or any portion thereof calculated from the date of delivery of said billing. e) Notwithstanding anything hereinabove to the contrary, COUNTY may bill CITY for the entire cost of any specific project at the completion thereof, and such cost will be paid within a reasonable time thereafter. The words "specific project" as used herein shall include, but shall not be limited to, all construction, reconstruction, relocation, and other similar capital signal projects. f) If, at the termination of this agreement, COUNTY has on hand any unexpended and unencumbered portion of any funds from any source allocated or apportioned to CITY, which is in excess of any obligation of CITY to COUNTY for the performance of such functions by COUNTY, any such excess shall thereupon be paid to CITY by COUNTY, in the same manner and for the same purposes as other like funds are paid to other cities in the COUNTY. VII. COMPLIANCE WITH APPLICABLE LAWS In performing the services to be provided pursuant to this agreement, COUNTY shall comply with all applicable State and Federal laws and regulations, including but not limited to laws and regulations relating to discrimination and laws requiting injury and illness prevention programs. VIII. TERM This agreement shall commence on July 1, 1993, and shall continue in effect until June 30, 1998 unless terminated according to the provisions of Section III. VI. MODIFICATION This agreement may be modified in writing by mutual agreement of the parties hereto at any time. (Signatures next page) Page 4 For CITY OF DUBLIN Mayor Attest: For COUNTY OF ALAMEDA t-~t~y Z Approved as to form: "i~e;Tclen~c , Board of Supervisors Approved as to form: "~ounty Counsel I hereby certify under penalty of perjury that the Chairperson of the Board of Supervisors has duly authorized to execute this document on behalf of the County of Alameda by a majority vote of the Board on AUG 10 19 ,' and that a copy has been delivered to the Chairperson as pr vided by Governmeqt Code Section 2510 ' Page 5 EXHIBIT TRAFFIC SIGNAL MAINTENANCE SERVICES 1. The COUNTY Public Works Agency shall construct, reconstruct, operate, maintain and repair all traffic signals within CITY with the same power with reference thereto as if said traffic signals were in the unincorporated area of COUNTY; the City Council of CITY exercising the same authority with reference to said work on said streets as the Board of Supervisors would exercise if said traffic signals were in the unincorporated territory of COUNTY. 2. Nothing herein contained shall be construed as in any way divesting CITY of any of its powers with respect to supervision, management, and control of traffic signals within its boundaries. 3. COUNTY shall provide for the maintenance of certain approved traffic signal systems at intersections (as defined in Section 364 of the Vehicle Code) which are under the jurisdiction of CITY and to arrange herein for the particular maintenance functions to be performed and to specify the cost of such maintenance as follows: 1. Services A. COUNTY will furnish and perform all routine maintenance and inspection services necessary to keep the facilities covered by the terms of this Agreement in satisfactory working condition. A general guideline for said services is included in this Exhibit. Such services shall include the following: patrolling, emergency service, relamping, necessary minor repairs and adjustments, replacement of controller, equipment, detectors, poles, heads, and lamps. Installation of additional facilities is not a routine maintenance function under provisions of this paragraph. B. COUNTY shall perform all extraordinary maintenance services which shall include replacement and/or addition of major equipment due to obsolescense, wear, or inadequacy and repair due to extensive damage from any cause. C. COUNTY shall perform all necessary vandalism and collision repairs. D. At CITY's written direction, COUNTY shall perform new construction inspection services for traffic signal installations and provide reports of any deficiencies, irregularities, or deviations from CITY's approved plans and specifications. 2. Costs and Repairs A. Labor, equipment, and material costs for routine maintenance, including relamping, shall be assessed directly against the installation involved. Such costs shall be the actual costs for labor, parts, and equipment used and/or actually expended in each particular instance. B. Extraordinary maintenance costs and costs for vandalism and collision repair shall be assessed directly against the installations involved. Such costs shall be the actual costs of labor, parts, and equipment used and/or actually expended in each particular instance. In order to insure budget control, the Deputy Director - Maintenance and Operations shall approve all extraordinary repairs prior to the beginning of work and, except for emergency situations, shall consult with CITY before proceeding. 3. Installations Covered The number and location of all signal installations covered by the terms of this agreement are as follows: 2. 3. 4. 5. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Amador Valley Boulevard/Regional Street Amador Valley Boulevard/Donohue Drive Amador Valley Boulevard/Amador Plaza Road Amador Valley Boulevard/Village Parkway Amador Valley Boulevard/Stagecoach Road Amador Valley Boulevard/Dougherty Road Dublin Boulevard/Dougherty Road Dublin Boulevard/Dublin Court Dublin Boulevard/Sierra Court Dublin Boulevard/Clark Avenue Dublin Boulevard/Village Parkway Dublin Boulevard/Amador Plaza Road Dublin Boulevard/Golden Gate Drive Dublin Boulevard/Regional Street San Ramon Road/Dublin Boulevard San Ramon Road/Amador Valley Boulevard San Ramon Road/Silvergate Drive San Ramon Road/Shannon Avenue San Ramon Road/Vomac Road Village Parkway/Lewis Avenue Dougherty Road/Sierra Lane (estimated installation 1/1/94) At CITY 's option, the above locations may be amended to adjust the number and/or location of signal installations to be so covered. Said changes shall be in the form of a written notice from CITY Public Works Director or his/her designee. 4. Maintenance Guidelines COUNTY shall make every reasonable effort to maintain CITY' s traffic signals in accordance with the listed guidelines. The maintenance schedule may vary due to lack of personnel or other unforeseen circumstances. Timing and programming functions shall be CITY's responsibility. WEEKLY SERVICE Patrol system check (vandalism). Alignment of traffic and pedestrian heads. Check cycling of system. MONTHLY SERVICE 2. 3. 4. 5. Visual check of controller for extension, detection, and normal operation. Visual check of detector units. Check all vehicle and pedestrian heads for operation and alignment. Check all pedestrian push buttons and pedestrian instruction signs. Check cabinet ventilation fan for thermal control and operation. QUARTERLY SERVICE 2. 3. 4. 5. 6. 7. 8. Check cycling. Check all vehicle detector units for tuning and operation. Check operation and adjustment of all external relays. Check all vehicle and pedestrian heads for operation and alignment. Check all pedestrian buttons and pedestrian instruction signs. Vacuum cabinet and check air filter. Check for presence of all prints and maintenance record card. Check cabinet fan for thermal control and operation. 1. General EXHIBIT "B" CROSSING GUARD SERVICES COUNTY shall provide adult Crossing Guards for 'the conduct of school age children across designated intersections and/or thoroughfares on their passage to and from school. 2. Scope The sc.op.e of services provided shall include COUNTY's cost of: recruitment; training; superv~smn; employee salaries; benefits, taxes and supplies; and other associated responsibilities of having COUNTY personnel provide services pursuant to this agreement. Designation of Times/Dates of Service CITY Public Works Director shall coordinate with Dublin Unified School District for the provision to COUNTY on an annual basis, a school calendar. Said calendar shall designate school holidays for elementary school students as well as school days. Prior to the beginning of the school year, COUNTY shall submit to CITY for its approval the proposed regular schedule for Crossing Guards at each location. Costs Costs shall be billed in accordance with this agreement at an hourly rate which is all-inclusive. This shall include, but not be limited to, direct costs, overhead, supervision, etc. By March 1st of each year, COUNTY shall provide CITY with the estimated cost of service for the upcoming Fiscal Year. Location of Crossing Guards Effective July 1, 1993, and until modified as stated in Section 6 below, the City will not designate any crossing guard locations pursuant to this agreement.. Adjustment of Crossing Guard Locations At CITY's option, the listed locations may be amended to adjust the number and/or locations of the intersections to be so covered. Said changes shall be in the form of a written notice from CITY Public Works Director or his/her designee.