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HomeMy WebLinkAboutItem 4.10 Street Maint Agree with Alameda County (0004o CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 14, 1985 SUBJECT Street Maintenance Agreement with Alameda County Public Works Agency EXHIBITS ATTACHED Proposed Agreement RECOMMENDATION Authorize the Mayor to execute the agreement for Street Maintenance Services with the Alameda County Public Works Agency FINANCIAL STATEMENT: 1985-86 Budget Traffic Signal Repair & Maintenance $ 55, 200 Crossing Guards 16 , 100 $ 71, 300 This level of funding reflects anticipated costs under the proposed agreement DESCRIPTION The County of Alameda Public Works Agency has been providing Crossing Guard services and Traffic Signal Repair and Maintenance since the City' s incorporation. The existing contract expired on June 30, 1985, however, the County has continued to provide these services pending the adoption of a formal agreement. The County had been providing a variety of public works activities prior to the City engaging the services of MCE Corporation. During 1985-86 , the County will be providing only Signal Maintenance and Crossing Guards on a regular basis. The proposed agreement provides for the ability for the Alameda County Public Works Agency to perform a range of activities, provided they are authorized by the City. Section I ( f) defines the manner in which services may be requested by the City. The ability to maintain a comprehensive agreement is advantageous to both the City of Dublin and the County of Alameda. If the City required additional resources and the County was capable of providing the service, the terms of the agreement are already in place. This could help to expedite the provision of unanticipated services. The proposed agreement is structured in the same manner as the one which expired on June 30, 1985. A modification was made to Section VI of the agreement outlining the term of the contract. In order to avoid delays in processing the agreement on an annual basis , -the proposed agreement is for a two-year term. Provisions are included for the termination at an earlier time provided that a 90 day written notice is provided. The list of traffic signal installations was also modified in Appendix B to include the new traffic signal locations. Staff recommends that the City Council authorize the Mayor to execute the agreement for Street Maintenance. ---------------------------------------------------------------------------- COPIES TO: ITEM NO. 7• ID AGREEMENT - STREET MAINTENANCE THIS AGREEMENT, made and entered into this day of , 1985, by and between the COUNTY OF ALAMEDA, hereinafter referred to as "COUNTY", and the CITY OF DUBLIN, hereinafter referred to as "CITY"; RECITALS: a. The CITY is desirous of contracting with COUNTY for the performance of street maintenance and improvement functions within its boundaries by the COUNTY through the Road Commissioner thereof; and b. The COUNTY is agreeable to rendering such services on the terms and conditions herinafter set forth; and c. That such contract is authorized and provided for by the provisions of Article 1, Chapter 1, Part 2, Division 1, Title 5 of the Government Code; NOW, THEREFORE, IT IS AGREED as follows: I. SERVICES TO BE PERFORMED a. COUNTY agrees by and through its Road Department to perform for CITY any and all functions coming within the jurisdiction of the Road Commissioner relating to the construction, operation and maintenance of streets, subject to the general terms and conditions hereinafter set forth. b. Said Road Department shall construct, reconstruct, operate, maintain and repair all public streets within CITY with the same power with reference thereto as if said streets were within 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 streets were in the unincorporated territory of COUNTY. Nothing herein contained shall be construed as in any way divesting CITY of any of its powers with respect to the supervision, management, and control of streets within its boundaries. c. For the purpose of performing said functions and providing all the services designated in Paragraph Ie of the Agreement, COUNTY shall furnish and supply all necessary labor, supervision, machinery, equipment, and supplies other than those required to be furnished by CITY, necessary to carry out the instructions of CITY and to construct, operate and maintain CITY streets in r -2- accordance with the level of service prescribed by COUNTY, unless CITY by resolution, or CITY's authorized designate, in writing, requests a different level of service. All work, services, and materials shall be of equal workmanship and quality as that performed or furnished for COUNTY roads. Both parties agree that they and their officers and agents small cooperate in the carrying out of said functions and that the Road Commissioner shall have full authority, possession, and necessary control of the work with full assistance when necessary from the police of CITY or such other law enforcement agency as may be rendering police service therein. d. Whenever the COUNTY and CITY mutually agree as to the necessity for any such COUNTY officer or department to maintain administrative headquarters in the CITY, CITY shall furnish at its own cost and expense all necessary office space, furniture, and furnishings, office supplies, janitorial service, telephone, light, water, and other utilities. In all instances where special supplies, stationery, notices, forms and the like must be issued in the name of the CITY, the same shall be supplied by the CITY at its expense. It is expressly understood that in the event a local administrative office is maintained in the CITY for any such COUNTY officer or department, such quarters may be used by the COUNTY officer or department in connection with the performance of its duties in territory outside of the CITY and adjacent thereto, provided, however, that the perforinance of such outside duties shall not be at any additional cost to the CITY. The COUNTY shall reimburse the CITY for the cost of providing such facilities to the extent that such facilities are used for activities outside the City of Dublin. e. For the purposes of performing services hereunder, the work is divided into those general categories listed below and further defined in Appendix A and B. Except as provided in Paragraph Ic, all services shall be provided on at least the same level as provided in unincorporated areas. - Crossing Guard - Emergency Services -3- - Ordinary Maintenance and Repair - Routine Patrol and Inspection . - Force Account Construction or Reconstruction - Traffic Signal Maintenance Other services that CITY may identify that fall within the purview s. and jurisdiction of the Road Commissioner may be performed at the time and under circumstances initially agreeable to the CITY and the Road Commissioner. f. `No 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 the CITY and authorized by the City Manager. CITY shall submit a written service request to the County Road Department Chief or his designee specifying those functions and services to be performed by the COUNTY. In an emergency situation, services may be requested by CITY and provided by COUNTY pursuant to verbal agreement between the City Manager and the County Road Department Chief or his 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. g. During the term of this agreement, CITY, prior to the start of the fiscal year, shall advise the Road Commissioner of the program for street maintenance, construction, and improvement for the forthcoming fiscal year. h. The Road Department of the COUNTY of Alameda shall not perform any function hereunder not coming within the scope of the duties of such department in performing services for COUNTY. i. If, pursuant to this agreement, the Road Department prepares plans 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. If the CITY elects to join in a COUNTY overall contract, CITY work shall be bid as an -4- alternate which CITY shall have the right to reject after bids are received. In either case, all plans, profiles, and the specifications therefore, together with the terms of the contract and the accompanying bonds, when prepared by COUNTY shall be submitted to CITY officials as may be by resolution designated by such Council for that purpose. 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. j . The CITY and COUNTY shall mutually agree on any workload data to be maintained by the COUNTY for the CITY. The COUNTY may provide the CITY with supplemental workload or cost data requested by the CITY subject to availability of information and staff time. The CITY will pay the COUNTY for the full cost of staff time required to provide CITY with supplemental information. II: LIABILITY a. All persons employed in the performance of such services and functions for CITY shall be COUNTY employees, and no CITY employee as such shall be taken over by COUNTY and no person 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 provided for in this agreement. Except as herein otherwise specified, CITY shall not be liable for compensation or indemnity to any COUNTY employee for injury or sickness arising out of his employment. c. The CITY will assume liability and pay cost of defense and hold the COUNTY harmless from loss, costs or expenses caused by the negligent or -5- wrongful act or omission of CITY officers, agents and employees occurring in the performance of agreements between the parties hereto to the extent that such liability is imposed on the COUNTY by the provisions of Section 895.2 of the Government Code of the State of California. 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, the CITY shall assume liability and pay cost of defense and hold the COUNTY harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of CITY officers, agents and employees, whether or not arising in the performance of an agreement between the parties hereto. d. The COUNTY will assume liability and pay cost of defense and hold the CITY harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of COUNTY officers, agents and employees occurring in the performance of agreements between the parties hereto to the extent that such liability is imposed on the CITY by the provisions of Section 895.2 of the Government Code of the State of California. 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 COUNTY, the COUNTY shall assume liability and pay cost of defense and hold the CITY harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of COUNTY officers, agents and employees, whether or not arising in the performance of an agreement between the parties hereto. III. INSURANCE Whatever insurance agreement between CITY and COUNTY is in effect during the term of this contract shall apply hereto and is fully incorporated herein by reference. IV. CITY ORDINANCES a. To assist COUNTY in the performance of its duties hereunder and to safeguard CITY's streets, it is agreed that CITY will forthwith enact and thereafter maintain during the duration of this contract an ordinance in all -6- material respects, including the amount of the fees provided identical to Chapter 1, Title 5 of the Alameda COUNTY Ordinance Code, as amended. b. CITY further agrees to enact amendments to said Ordinance adopted by the Board of Supervisors, within 30 days after request to do so by'*COUNTY. Tne Road Commissioner, acting on behalf of COUNTY, may use his discretion and need not request CITY to adopt amendments which do not apply to CITY. Regardless of anything to the contrary herein contained, this contract `shall sooner terminate any time CITY fails to enact and maintain, or to enact amendments to said Ordinance as hereinbefore provided for. V. COST AND BILLING PROCEDURES a. CITY shall pay for the actual cost of such services as are provided under this agreement at rates to be determined by COUNTY in accordance with the policies and procedures established by the Board of Supervisors. b. The Road Department shall keep reasonably itemized and in detail work or job records covering the cost of all services performed, including salary, wages and other compensation for labor; supervision and planning, plus overhead, the, reasonable rental value of all COUNTY owned machinery and equipment, rental paid for all rented machinery or equipment, together with the cost of an operator thereof when furnished with said machinery or equipment, the cost of all machinery and supplies furnished by the COUNTY, reasonable handling charges, and all additional items of expense incidental to the performance of such function or service. c. The COUNTY shall deliver to CITY within thirty (30) days after the close of each calendar month an itemized invoice which covers all services performed during said month, and CITY shall pay COUNTY therefore within thirty (30) days after date of said invoice. If such payment is not received by COUNTY at the office which is described on said invoice within thirty (30) days after the date of delivery of said invoice, COUNTY is entitled to recover interest thereof. Said interest shall be at the rate of one (1) percent per calendar month or any -7- portion thereof calculated from the last day of the month in which the services were performed. Notwithstanding anything hereinabove to the contrary, COUNTY may bill QTY 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 projects. d. 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 Road Commissioner, 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 COUNTY. VI. DURATION AND TERMINATION This contract shall have an effective date of July 1 , 1985, and unless sooner terminated as provided herein, this agreement shall run for a period ending June 30, 1987. All services shall require a 90-day written notice be provided prior to termination, subject to mutual agreement as to disposition of work in progress. -8- ATTEST: CITY OF DUBLIN By: By: City Clerk Mayor APPROVED AS TO FORM: By: City Attorney ATTEST: William Mehrwein Clerk of the Board of Supervisors COUNTY OF ALAMEDA By: By: Deputy Chairman, Board of Supervisors APPROVED AS TO FORM: Richard Moore, COUNTY Counsel By: Deputy -9- APPENDIX A STREET MAINTENANCE SERVICES These descriptions are intended to be general in nature. The specific level of service performed will be dependent upon the request of CITY made pursuant to a Service Request. EMERGENCY SERVICES When notified of a potential hazard on a city street or when such potential hazard is discovered by an employee of the Road Department, the Department will promptly respond to isolate or eliminate the problems within the CITY street. The potential hazard may be flooding caused by storm conditions, a hole in the street, a spilled load from a vehicle, a damaged traffic sign or other circumstances or conditions requiring prompt attention to mitigate the potential hazard. ORDINARY MAINTENANCE AND REPAIR Daily activities to keep in a safe condition, clean and presentable, to preserve and protect the street, drainage facilities, traffic control, warning regulatory and/or directional devices and other appurtenant structures. To include but not be limited to such activities as pothole patching, crack sealing, catch basin cleaning, signing and pavement marking replacement, tree trimming and/or removal, and minor repairs of curbs, gutters and sidewalks. ROUTINE PATROL AND INSPECTION Routine patrol by a knowledgeable employee to identify worn pavement, poor drainage, displaced sidewalk and/or gutters, missing, damaged, or defaced signs, and other conditions requiring maintenance or further investigation for reconstruction, repair or replacement. -10- May also include such other activities as responding to citizen complaints or inquiries and reviewing activities of CITY contractors within CITY streets. FORCE ACCOUNT CONSTRUCTION AND/OR RECONSTRUCTION Such work shall encompass all work, not in the opinion of the Road Commissioner considered as ordinary maintenance and repair and that work excluded by the definition of "Maintenance" in Section 27 of the Streets and Highway C6de of the State of California. CROSSING GUARDS Furnishing adult crossing guards for the conduct of children across major thoroughfares on their passage to and from school. -11- APPENDIX B TRAFFIC SIGNAL MAINTENANCE Road Department shall provide for the maintenance of certain approved s traffic signal systems at intersections (intersections as defined in Section 364 of the Vehicle Code) which are under the jurisdiction of the 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. Road Department 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. Such services shall include the following: patrolling; emergency service; relamping; painting of standards and 'heads; necessary minor repairs and adjustments; and replacement of controller equipment, detectors, poles, heads and lamps. Install:::ion of additional facilities is not a routine maintenance function under the provisions of this paragraph. B. Road Department shall perform all extraordinary maintenance services which shall include replacement and/or addition of major equipment due to obsolescence, wear, or inadequacy and repair due to extensive damage from any cause. C. Road Department shall perform all necessary vandalism and collision repairs. 2. Cost 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. -12- B. Extraordinary maintenance costs and costs for vandalism and collision repairs 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 Road Commissioner shall approve all extraordinary repairs prior to the beginning of work, and, except for emergency situations, will consult the CITY before proceeding. C. The CITY shall bear the cost of electrical energy used by the installations under its jurisdiction. 3. Installations Covered A. The number and location of all signal installations covered by the terms of this agreement are as follows: 1. Amador Valley Blvd. - Village Parkway 2. Amador Valley Blvd. - Donohue Drive 3. Amador Valley Blvd. - Regional Street 4. Amador Valley Blvd. - Stagecoach Road 5. Dublin Blvd. - Dougherty Road 6. Dublin Blvd. - Village Parkway 7. Dublin Blvd. - Amador Plaza Road 8. Dublin Blvd. - Golden Gate Drive 9. Dublin Blvd. - Clark Avenue 10. Dublin Blvd. - Regional Street 11. Dublin Blvd. - Dublin Court 12. San Ramon Road - Amador Valley Blvd. 13. San Ramon Road - Shannon Ave. 14. San Ramon Road - Flasher, North The above locations may be' amended, as is deemed necessary or desirable in the opinion of the CITY and the COUNTY Director of Public Works, to adjust the number and/or location of signal installations to be so covered.