HomeMy WebLinkAboutReso 039-89 TrafficSignal DubBlRESOLUTION NO. 39 -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:
Councilmembers Hegarty, Jeffery, Snyder,
Vonheeder & Mayor Moffatt
NOES: None
ABSENT: None
ATTEST:
STATE OF CALIFORNIA--BUSINESS, TRANSPOR .,~1 AND HOUSING AGENCY
DEPARTMENT OF TRANSPORTATION
BOX 7310
SAN FRANCISCO, CA 94120
(415) 923-4444
GEORGE DEUKMEJIAN, Governor
.:.!;.':~':. ,.,
March 17, 1989
p.,F. CEiV F-D
MAR 0 ' 989
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 Dub%in 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 24th
day of April , 19 89 , 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".
WITNESSETH:
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 se~ting authorized
total and route dollar amounts. The CITY may perform additional
work if d~sired but the STATE will not reimburse 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 area~ 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.
Ci~, Attorney
CITY OF DUBLIN
By ~a ¢'~"' "' ~ ~
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STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
ROBERT K. BEST
Director of Transportation
4 i
-8-
RTE PM
580 21.42
STATE OF CALIFORN
DEPARTMENT OF TRANSPORTATION
EXttIBIT A
MAINTENANCE AND OPERATION OF TRAFFIC SIGNALS AND INTERSECTION
LIGHTING BY THE CITY OF DUBLIN FOR CALTRANS
IN ACCORDANCE WITH MAINTENANCE AGREEMENT EFFECTIVE JULY 1,1987
INTERSECTION RATE EQUIPMENT INT OR POLE NO
SAN RAMON ROAD/
DUBLIN BOULEVARD
2A 200W HP-SODIUM
SIGNALS-TA
0
_MARCH 3, 1989
UNITS
4.00
PAGE 1
% STATE
25.0000
25.0000
EQUIV
1.0000
DO
D
D
H
P-I
0
o
o
0
H
0
0
H
0
H
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