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HomeMy WebLinkAbout7.1 Traffic Signal Maint/Cross Guard Agreement 606 -40 CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 23, 1987 SUBJECT Traffic Signal Maintenance and Crossing Guard Agreement - Alameda County EXHIBITS ATTACHED Proposed Agreement RECOMMENDATION Approve and authorize the Mayor to execute the agreement FINANCIAL STATEMENT: Estimated $67, 200 for 1987-88 Signal Maintenance Estimated $22, 200 for 1987-88 Crossing Guards DESCRIPTION The City' s agreement with Alameda County for the provision of Traffic Signal Maintenance and Crossing Guards expires June 30, 1987. The City contracts with the County of Alameda Public Works Agency for these services. The proposed agreement has been revised when compared to those in past years. The revisions eliminate references to street repair services which are no longer provided by the County of Alameda to the City of Dublin. Also, the County has reorganized their streets and roads personnel under a Public Works Agency. The revised agreement- identifies the structure within the County organization. The proposed agreement is consistent with the proposed 1987-88 budget. Staff would recommend that the City Council approve and authorize the Mayor to execute the agreement. ---------------------------------------------------------------------------- COPIES TO: ITEM NO. AGREEMENT - TRAFFIC SIGNAL MAINTENANCE AND CROSSING GUARDS THIS AGREEMENT, made and entered into this day of , 1987, 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 traffic signal maintenance and the provision of crossing guard services within its boundaries by the COUNTY through the Director of Public Works thereof; and B. The COUNTY is agreeable to rendering such services on the terms and conditions hereinafter 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 Public Works Agency to perform for CITY any and all functions relating to the construction, operation and maintenance of traffic signals and the provision of crossing guard services, subject to the general terms and conditions hereinafter set forth. B. Said 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 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 traffic signals 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 traffic signals within its boundaries. C. For the purpose of performing said functions and providing all the services designated in Paragraph I.E. 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 traffic signals and provide crossing guard services in 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 services. All work, services and materials shall be of equal workmanship and quality as that performed or furnished for COUNTY traffic signals and crossing guards. Both parties agree that they and their officers and agents shall cooperate in the carrying out of said functions and that the Director of Public Works 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 performance 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 C extent that such facilities are used for activities outside the City of Dublin. 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 the CITY and authorized by the CITY Manager. CITY shall submit a written service request to the Deputy Director, Maintenance and Operations, 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 Deputy Director, Maintenance and Operations 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. F. During the term of this Agreement, CITY, prior to the start of the Fiscal year, shall advise the Director of Public Works of program changes for the forthcoming Fiscal year. G. The Public Works Agency 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. H. If, pursuant to this Agreement, the Public Works Agency 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 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 u ultimately determine the adequacy of such performance and to finally certify the work as completed. I. 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. I1 . 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, cost or expenses caused by the negligent or 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 provision 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 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. The Director of Public Works, 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 Agrement at rates to be determined by COUNTY in accordance with the policies and procedures established by the Board of Supervisors. B. The Public Works Agency shall keep reasonably itemized and in detail 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 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 peformance 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 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 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. D. If, at the termination of this Agrement 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 the Director of Public Works, 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 , 1987, and unless sooner terminated as provided herein, this Agrement shall run for a period ending June 30, 1990. 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. ATTEST: CITY OF DUBLIN By: By: City Clerk Mayor APPROVED AS TO FORM: By: City Attorney ATTEST: William Mehrwein COUNTY OF ALAMEDA Clerk of the Board of Supervisors BY: By: Deputy APPROVED AS TO FORM: By: Deputy I hereby certify under penalty of perjury that the Chairman of the Board of Supervisors was duly authorized to execute this document on behalf of the County of Alameda by a majority vote of the Board on ; and that a copy has been delivered to the Chairman as provided y Government o e Section 25103. Date: WILLIAM MEHRWEIN, Clerk, oar of Supervisors, County of Alameda, State of California By: Deputy P 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. CROSSING GUARDS Furnishing adult crossing guards for the conduct of children across major thoroughfares on their passage to and from school . Intersections Covered 1 . San Ramon Road & Shannon Avenue 2. Silvergate Drive & Amarillo Road 3. Amador Valley Blvd. & Burton Avenue APPENDIX B TRAFFIC SIGNAL MAINTENANCE Public Works Agency shall provide for the maintenance of certain approved 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. Public Works Agency 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; necessary minor repairs and adjustments; and replacement of controller, equipment, detectors, poles, heads and lamps. Installation of additional facilities is not a routine maintenance function under the provisions of this paragraph. B. Public Works Agency 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. Public Works Agency 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. r 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, will consult the CITY before proceeding. 3. Installations Covered A. The number and location of all signal installations covered by the terms of this Aareement 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. 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.