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HomeMy WebLinkAbout4.01 AlaCntySignalMaintAgmt .. . . .f ... CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: June 21, 1994 SUBJECT: Amendment to Agreement with Alameda County for Signal Maintenance Services (Addition of Street Lighting Maintenance) Report by: Public Works Director Lee Thompson EXHmITS ATTACHED: 1) / Current Agreement 2) / Resolution and Proposed Amendment RECOMMENDATION: Adopt resolution and authorize Mayor to execute amendment to agreement. FINANCIAL STATEMENT: $2,000 has been budgeted in the Signals and Lighting Operating -;,- _ ()(' Budget for street lig~ting maintenance <ex~lus~ve o~ part;s cost riJV'v and knockdown reparr). The cost of thIS line Item IS patd by the Street Light Maintenance Assessment District. Under this amendment, the County would bill on a time and materials basis, similar to the billing received for traffic signal maintenance. DESCRIPTION: The City of Dublin owns approximately 415 street lights under PG&E's LS-2 rate schedule. This rate prOVIdes for energy cost and minimal maintenance service from PG&E (i.e., replacement of bulbs, photoelectric controls, and lenses). Any other maintenance or repairs that are needed are the responsibility of the City. Examples of maintenance or repair activities that would be included under the proposed agreement amendment are replacement of fuses, ballasts, or luminaires, service to breaker panels, and possibly conduit or wiring repairs. Staff is proposing that Alameda County perform this service is lieu of a private contractor, as the County crew has the experience and equipment necessary to do the work, and a technician is already working in Dublin at least one day a week. Given the small number of City-owned lights and the fact that PG&E is still performing part of the maintenance, an as-needed contract of this type is not attractive to a private contractor, and Staff has had difficulty in obtaining reasonable rates and response times. The County's rates are competitive, and their response time is excellent. The County may be requested to reset street light knockdowns if the foundations do not need to be replaced; however, Staff proposes to continue using private contractors for knockdown replacements when new foundations are needed for the poles. This agreement amendment is intended to be an interim measure for street lighting until such time as the City determines to purchase the rest of the street lights from PG&E. At that time, it is anticipated that the City of Dublin will enter into a cooperative agreement for street lighting maintenance with some or all of the other jurisdictions in the Alameda County Street Lighting JP A. Staff recommends that the City Council adopt the resolution approving the amendment to the agreement with Alameda County and authorize the Mayor to execute the agreement. a: (conlracu2) \srlires !agsralco ---------------~~---~------------------------------------------------------------------------------------------------- ITEM NO.~ COPIES TO: Karen Scheinman, Alameda Co C IT Y C L E R K FILE ~ ~ ,...,..~..... ,.-- t , . ;". '. AGREEMENT BETWEEN CITY OF 'DUBLIN AND COUNTY OF ALAMEDA PUBLIC WORKS AGENCY FOR TRAFFIC SIGNAL MAINTENANCE AND CROSSING GUARD SERVICES THIS AGREE1Y.[ENT, made and entered into this ~ day o.f July 1993 by and between the COUNTY OF ALAMEDA PUBLIC WORKS AGENCY, heremafter 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, TIlE PARTIES HERETO AGREE AS FOLLOWS: 1. 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. . , , ,"-'~ "" ::: ~ ~" ,.~ ",~'C' "':""0 j, , , , ~ - ~ \; '.<1 t.:,...J......... Ii..."'; ..~~ __.,.... ~:t1 ~ Curr€.r'Tt Ag~mern- .....;,..h#.. Page 1 ""!'" ~ ~ uJ I ~. ~ \)J ..',', . . .'., ..... """'," . :~. d"'O , . 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. 1) 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. ll. 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, prof11es, 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. ill. 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. .' I Page 2 , ':' '" . '. IV. 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 6fproviding 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 ~::-':'.;". ..,..'.: ....'...-:..".,O.J,.::,:..'.,. .... .....;.....,' '...,..,., .'... . ". 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. COl\1PLIANCE 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 requiring 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 (~,~ A ttes t: A~_~L '--- J ~ lerk For COUNTY OF ALAMEDA Approved as to form: .t(k1~ ~.S;~ d:J2 ;C ~ 1're,l<l,nf . Board of supervb Approved as to form: ~fRP 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 AU G 1 0 1993 : and that a copy has been delivered to the Chairperson as pr vided by Government Code Section ~1 ~ : ,: :~, Dated: AUG 10 1993 r .,-::'::<~,~S-~~~\ 1 William Mehrw in !~:,f /,/.}/:" '''''' '('~ \\ r'l" -</ ~ '--.. n Clerk, Board of Supervisors \~=".\':~;:-:::_,/::":j i,'; ii County of Alameda, State of aliforniii::'::;:::> ~ / ~:.....,:.;........... C"~. <, I"f'''n~~ '" .' .~'-' }:Jjl' .~ '-..'-.., a:\signals\agremenr ,.- I Page 5 . ,... ~. . ". EXHIBIT "A" 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, induding 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 partic~lar 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: 1. Amador Valley Boulevard/Regional Street 2. Amador Valley Boulevard/Donohue Drive 3. Amador Valley Boulevard/Amador Plaza Road 4. Amador Valley Boulevard/Village Parkway 5. Amador Valley Boulevard/Stagecoach Road 6. Amador Valley Boulevard/Dougherty Road 7. Dublin Boulevard/Dougherty Road 8. Dublin Boulevard/Dublin Court 9. Dublin Boulevard/Sierra Court 10. Dublin Boulevard/Clark Avenue 11. Dublin Boulevard/Village Parkway 12. Dublin Boulevard/Amador Plaza Road 13. Dublin Boulevard/Golden Gate Drive 14. Dublin Boulevard/Regional Street 15. San Ramon Road/Dublin Boulevard 16. San Ramon Road/Amador Valley Boulevard 17. San Ramon Road/Silvergate Drive 18. San Ramon Road/Shannon Avenue 19. San Ramon Road/Vomac Road 20. Village Parkway/Lewis Avenue 21. 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 1. Patrol system check (vandalism). 2. Alignment of traffic and pedestrian heads. 3. Check cycling of system. MONTHLY SERVICE 1. Visual check of controller for extension, detection, and normal operation. 2. Visual check of detector units. 3. Check all vehicle and pedestrian heads for operation and alignment. 4. Check all pedestrian push buttons and pedestrian instruction signs. 5. Check cabinet ventilation fan for thermal control and operation. J , . . QUARTERLY SERVICE 1. Check cycling. 2. Check all vehicle detector units for tuning and operation. 3. Check operation and adjustment of all external relays. 4. Check all vehicle and pedestrian heads for operation and alignment. 5. Check all pedestrian buttons and pedestrian instruction signs. 6. Vacuum cabinet and check air filter. 7. Check for presence of all prints and maintenance record card. 8. Check cabinet fan for thermal control and operation. " , . ... ~. . '. EXHIBIT liB" CROSSING GUARD SERVICES 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. 4. 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. 5. Location of Crossin!:! 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.. 6. Adiustment of Crossin~ 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. ',' . . RESOLUTION NO. -94 A RESOLUTION OF TIlE CITY COUNCIL OF TIlE CITY OF DUBLIN APPROVING AMENDMENT TO AGREEMENT WITH ALAMEDA COUNTY FOR TRAFFIC SIGNAL MAINTENANCE (ADDITION OF STREET LIGHTING MAINTENANCE) WHEREAS, on July 1, 1993, the City of Dublin entered into an agreement with the County of Alameda for Traffic Signal Maintenance Services; and WHEREAS, it is in the City of Dublin's best interests to add the maintenance of City- owned street safety lighting (roadway lighting) to the agreement; NOW, THEREFORE, BE IT RESOLVED that the City C<,uncil of the City of Dublin does hereby approve the Amendment to the Agreement between the City of Dublin and the County of Alameda, attached hereto as Exhibit "A"; BE IT FURTIlER RESOLVED that the Mayor is authorized to execute the amendment. PASSED, APPROVED, AND ADOPfED this 21st day of June, 1994. AYES: NOES: ABSENT: Mayor ATIEST: City Clerk a: (COfllracrs 2) \srlires lresoalco ,.,...,...... "'~ .....<",.., .,...,...... 2L .". "'.~ '~f~... ':,' :'" ,- :_' ...~ -.:~~~.~ l\~~~~~L J i _ 'ReI;()lu.-h~ 1~('orJzA ~MOtt EXHIBIT "A" ~ . . AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND ALAMEDA COUNTY PUBLIC WORKS AGENCY FOR TRAFFIC SIGNAL MAINTENANCE AND CROSSING GUARD SERVICES WHEREAS, the City of Dublin and Alameda County Public Works Agency entered into an agreement for Traffic Signal Maintenance and Crossing Guard Services on July 1, 1993; and WHEREAS, City has requested County to provide street lighting maintenance services as outlined in Agreement Exhibit "C" attached; NOW, THEREFORE, the parties agree as follows: The July 1, 1993, Agreement between the City of Dublin and Alameda County Public Works Age~cy is amended by the addition of Exhibit "C" regarding street lighting maintenance servIces. This Amendment is effective as of July I, 1994 and will continue for the term of the Agreement or until otherwise terminated. For CITY OF DUBLIN Mayor Approved as to form: Attest: City Attorney City Clerk For COUNTY OF ALAMEDA Chairperson, Board of Supervisors Approved as to form: County 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 ,. and that a copy has been delivered to the Chairperson as provided by Government Code Section 25103. Dated: William Mehrwein Clerk, Board of Supervisors County of Alameda, State of California a: \signals lamndmenr . . EXHIBIT "C" STREET LIGHTING MAINTENANCE 1. This exhibit shall pertain only to street lights which are owned by the City of Dublin under Pacific Gas and Electric's LS-2C rate schedule. County shall not be required to perform any services which are provided by Pacific Gas and Electric Co. under the LS-2C rate schedule; i.e., replacement of lamps, photoelectric controls, and glassware Qenses) or routine pole painting. The approximate number of street lights to be maintained by County under this agreement is 415. County reserves the right to review its obligations under this Exhibit and terminate services covered by this Exhibit (street lighting maintenance) upon 90 days' written notice if the number of street lights to be maintained increases by more than 10%. 2. Street lighting repair and maintenance shall be conducted on an on-call basis as requested by City. Service to be performed may include, but is not limited to, replacement of fuses, ballasts, luminaires, breakers, wiring, and other components. City may request service on an emergency basis if a hazard is perceived to exist. 3. Replacement of street light knockdowns (collision repair) is not specifically included in this agreement but may be performed by County if mutually agreed upon by City's Director of Public Works and County's Deputy Director of Maintenance and Operations. 4. City agrees to stock replacement parts as needed. 5. County shall perform construction inspection of new street lighting systems upon City's written request. 6. Billing for street lighting repairs and maintenance may be included with the monthly billing for traffic signal maintenance but must be identified as a separate item or account. The billing need not reflect specific street light locations.