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HomeMy WebLinkAbout4.11 Traffic Sig & Street Light Maint CITY CLERK File # D~[QJ[Q]-~[QJ AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 3,2008 SUBJECT: ATTACHMENTS: RECOMMENDATION~ 1) ~ 2) FINANCIAL STATEMENT: Review of Services and Amendment to the Agreement with Alameda County Public Works for Traffic Signal Maintenance, Street Lighting Maintenance and Real Estate Services Report Prepared by: Melissa Morton, Public Works Director 1) Resolution for Approving Amendment to Agreement with Alameda County for Traffic Signal Maintenance, Street Lighting Maintenance, and Real Estate Services, together with Exhibit "A," Amendment Original agreement, dated July 1, 1998 Amendment to the agreement dated July 1,2003 2) 3) Review the services provided under this agreement, and Adopt the resolution approving the renewal of the contract (three-year extension and addition of new facilities to traffic signals and street lighting locations). Recent history of budgeted and estimated costs of traffic signal and street lighting services is as follows: 2008-09 2006-07 2007 -08 2007 -08 Proposed Actual Budget Estimate Budget Traffic Signal Maintenance $ 106,173 $ 121,500 $ 135,000 $ 151,500 Street Lighting Maintenance $ 47,695 $ 73,000 $ 45,000 $ 52,000 TOTAL: $ 153,868 $194,500 $180,000 $ 203,500 The cost of traffic signal maintenance is paid by Traffic Safety Funds and Gas Tax Funds. The cost of street light maintenance is paid by two maintenance assessment districts. ------------------------------------------------------------------------------------------------------------- COpy TO: Tom Hinderlie, Erik Dayton, ACPW A G:\CONSUL T ANTS\alameda county contract\agst 2008 review. doc Page 1 of5 ITEMNO.~ The cost of real estate services is charged on a time-and-materials basis, as needed and directed by the City. The services are not utilized on an ongoing basis, but have been project-specific and are paid by the funding for the individual project. DESCRIPTION: The City has contracted with Alameda County for traffic signal services since incorporation. Street lighting maintenance and Real Estate Services were each added to the contract in 1993. Services Provided Under the terms of the agreement (Attachment 2), services are provided on both a routine and as-needed basis. The costs are charged on a time-and-materials basis, and the City receives a detailed monthly billing which indicates hours and costs for each intersection and for street lighting maintenance. A statement is also provided which indicates materials used. There is no markup on materials. The services typically provided under traffic signal maintenance include the following: . A bimonthly visit to each signalized intersection for the purpose of routine maintenance. Routine maintenance includes the activities as outlined in the agreement. . 24-hour callout service for non-routine activities such as complaint investigation, repairs, or Underground Service Alert (USA) marking. The response time for callouts is typically between two hours and 24 hours, depending on the time of day and the nature of the problem. . Traffic signal repairs may be provided at the City's request or in response to a condition noted by a County technician. The services typically provided under street lighting maintenance are: . Routine maintenance or repair of street lights, including artwork lighting, as requested by the City. Repairs may include light bulbs, photoelectric controls or other components, as well as wiring repairs, pole replacements, or other services as needed. Street lighting maintenance also includes 24-hour callout service for pole knockdowns or other situations that may create a hazardous condition. Staff consults with County personnel in relation to review of construction plans and also to provide inspection for both City and private development construction of traffic signals and street lighting. Staff has requested County personnel to provide these services because of the level of expertise required and to also point out any deficiencies that could become a maintenance issue at a later date. Plan review and inspection services are requested as a convenience to Staff and are not a contract condition. Real Estate Services typically include appraisals, negotiations, and/or legal documentation such as deeds or rights of entry related to acquisitions for road improvements or other projects. These services are billed on a time-and-materials basis and are utilized only as needed by the City for specific projects. Page 2 of5 Performance Review The number of traffic signals in the City has increased from 13 to 78 in the past 25 years and is expected to include nearly 90 within the next few years. Except for the removal of weekly patrolling from the contract, the level of service has not decreased. The routine maintenance has continued according to a pre-set schedule, and the response time for call outs has not increased. The traffic signal crew consists of a working supervisor and three technicians. Three of these personnel have from 17 to 25 years experience. The third technician was added approximately six years ago. While any electronic equipment may malfunction without warning, Staff is unaware of any problems which have occurred that are directly related to a maintenance deficiency. The County personnel are knowledgeable regarding improvements in components and safety devices and advise the City when equipment changes or other improvements should be considered. Exhibit A of the original agreement identifies a specific maintenance schedule that establishes weekly, monthly, quarterly, and annual services. This schedule dates back to the beginning of the contract in 1982 and was revised by consensus in 2003 (Attachment 2) to improve efficiency and reduce costs. The weekly patrolling service was removed from the agreement. The liability exposure related to traffic control devices is extremely high, and it is important to note that the agreement indemnifies the City for any incidents which may occur related to the maintenance of traffic signals. At the time street light maintenance was added to the agreement, the City only owned 400 lights on arterial streets. The number will exceed 3,400 by the end of the 2007-08 fiscal year. Routine street light maintenance (bulbs, photoelectric controls, fixture changes, fuses) is performed by a street lighting technician; more extensive wiring repairs are performed by one of the signal technicians or, on occasion, are subcontracted to an electrical contractor. The City's performance standard for street light repairs provides that the repair will occur within five working days unless the repair is of an extraordinary nature. This standard is written into the agreement, and the response has typically been within a shorter time frame. A more normal response time occurs within 48 hours of the submittal of the street light repair work order. Consistent response time and quality of work is considered highly satisfactory. Because the County personnel have continued to provide expert and conscientious service over the years, Staff has felt the need to spend only minimal time monitoring and supervising this service, which ultimately reduces Staff's workload and personnel cost related to this contract. Alternatives There are generally two alternatives to contracting with another public agency for services: in-house personnel or a private contractor. In-House Personnel: Staff has explored the possibility of utilizing in-house personnel in the past, and while the number of facilities is approaching the point that a Staff position could be considered, the City does not have a corporation yard for storage of equipment and materials. Additionally, two positions would need to be created in order to provide vacation or illness relief, and the cost of two positions (wages, benefits, and vehicles) plus material supplies would still exceed the cost of services through the County. Page 3 of5 POTENTIAL COSTS OF IN-HOUSE SERVICE CAP IT AL OUTLAY ONGOING ANNUAL COST Signal Technician, Supervisory Level $10,000 (workstation Salary $79,000 (+) and safety equip.) Benefits @ 30% $24,000 $103,000 Signal Technician $10,000 (workstation Salary $56,500 (+) and safety equip.) Benefits @ 30% $17,000 (+) $73,500 Traffic Signal Bucket Truck $116,400 Deprec. (10 yr.) $11,640 Fuel $ 3,600 Service $ 6,000 (+) $21,240 Street Lighting High Lift Truck $180,000 Deprec. (1 0 yr.) $18,000 Fuel $ 3,600 Service $ 6,000 (+) $27,600 Estimated Material Cost $60,000 $12,000 (+) TOTALS: $376,400 $ 237,340 Regarding parts for repair, the City does have an independent supply of unique parts at the County's yard, but the components that are universally used are purchased by the County and subsequently billed to the City as the parts are installed so that the City does not incur a large capital outlay for parts. Fuel costs as noted above are based on diesel fuel, 10 mpg, and 800 miles per vehicle per month. It should be noted that the City does not currently have a diesel fuel source and would either have to contract with the County to obtain fuel from the County maintenance yard or would have to purchase fuel at a retail service station. The 2,000 gallon diesel tank for the emergency generator is not currently accessible as a fueling source for vehicles. Therefore, Staff feels that hiring in-house staff for this actIvIty is premature, although it may be appropriate to consider providing this service in-house at some time in the future. Private Contractor: Staff has also explored this possibility in the past and will continue to review the market periodically. There are several private contractors who perform traffic signal and street lighting maintenance at a variety of rates and levels of service. Following are some examples: TRAFFIC SIGNAL MAINTENANCE COST OF JURISDICTION COST OF BASIC ADDITIONAL CONTRACTOR (# of signals) MAINTENANCE FREQUENCY WORK (labor + MA TERIAL vehicle + overhead) MARKUP Alameda County $ 129/month. $129 per hour; (for comparison Dublin (78) (average of 1 hour Bimonthly overtime is slightly purposes) per intersection (every 2 higher but is not time None per month at months) & Yj or double time. $ 129/hour) $98.81/month (per Not Available Republic Elec. Gilroy (56) intersection) Monthly 20% $120/month (per Monthly Not Available Republic Elec. Los Gatos (32) intersection) 20% $3000-$5000 in extra Republic Elec. Fremont (154) $170 per visit Bimonthly maintenance monthly 15% *With the exception of relamping, the maintenance that is performed quarterly, semi-annually, or annually in the Elk Grove and Windsor contracts is all performed bimonthly by Alameda County for the City of Dublin. Page 4 of5 The unit costs for these agreements vary from jurisdiction to jurisdiction and depend on the level of service desired by the agency. While the unit cost for basic maintenance appears to be less, the service provided is typically also less; for example, under the City of Gilroy and City of Los Gatos contracts, only preventative maintenance on a regularly-scheduled basis is provided. Quarterly maintenance includes testing pushbuttons, visual inspection of roadway, and checking the detector modules; only the semi- annual maintenance includes checking cabinet fans, filters, and lights; and only the annual maintenance includes vacuuming, replacing the filter, checking indicator lamps and connectors, etc. The County includes all of these services on every bimonthly maintenance call and corrects any problems that are found. With respect to repairs outside the realm of basic maintenance, the same County hourly labor/vehicle/ overhead rate applies. Whenever possible, the technicians will perform multiple service activities on one trip so that the City is not paying travel time for just one repair. Overtime, when needed, is billed at a slightly higher rate, but is not time-and-a-half or double-time. There is no markup on materials that have been purchased by the County and subsequently billed to the City. STREET LIGHTING MAINTENANCE COST OF JURISDICTION COST OF BASIC ADDITIONAL CONTRACTOR (# oflights) MAINTENANCE WORK (labor + MA TERIAL vehicle + overhead) MARKUP Alameda Co. Dublin (3,400) $1.10 per light per month (Included) None (for comparison purposes) Republic Elec. Fremont (16,700) $1.54 per light per month 117.88 + 20% 20% + Based on overhead CPI. Republic Elec. Gilroy (3,188) $1.50 - $3.50 per light per Not Available 20% month Republic E1ec. Los Gatos (2,020) $1.50 - $3.50 per light per Not Available 20% month It was difficult to obtain comparison information for street lighting maintenance; however, the above examples indicate that the average cost is higher with private contractors than Dublin has experienced with the County. Real-Estate Services This service has not been used for several years, but Staff recommends leaving the Exhibit in this contract for at least the next term in the event that these services are needed for future capital projects. The alternative to using the County for this service is to use a private consulting firm, which has also been adequate and produced appropriate results. Recommendation Based on the continued quality of service and cost-effectiveness exhibited by Alameda County, Staff recommends that the City Council 1) review the services provided under this agreement, and 2) adopt the resolution approving the renewal of the contract (three year extension and addition of new facilities to traffic signals and street lighting locations). Page 5 of5 ,,v RESOLUTION NO. -08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********************** AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND COUNTY OF ALAMEDA PUBLIC WORKS AGENCY FOR TRAFFIC SIGNAL AND STREETLIGHTING MAINTENANCE, AND REAL ESTATE SERVICES WHEREAS, the City of Dublin and Alameda County entered into an agreement dated July 1, 1998, for the provision of Traffic Signal Maintenance, Street Lighting Maintenance, Crossing Guards and Real Estate Services; and WHEREAS, the City of Dublin and Alameda County entered into an amendment to the agreement dated July 1,2003, to extend services for an additional five years, remove crossing guard services, modify the schedule of maintenance frequency, and expand the list of maintenance locations; and WHEREAS, said amended agreement expires on June 30, 2008; and WHEREAS, the City desires to extend the agreement an additional three years and to expand the list of maintenance locations; and WHEREAS, the services provided by the County have been appropriate and acceptable; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves the amendment to the agreement, attached hereto as Exhibit "A:'; BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment. PASSED, APPROVED AND ADOPTED this 3rd day of June, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAINING: Mayor ATTEST: City Clerk G: \CONSULT ANTSla/ameda county contractlreso/ution 2008. doc -rte-wtt 4'11 6/5/02 ~ ITTICIIENT ,. c;? G1~ EXHIBIT "A" OF RESOLUTION - 08 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND COUNTY OF ALAMEDA PUBLIC WORKS AGENCY FOR TRAFFIC SIGNAL AND STREETLIGHTING MAINTENANCE, AND REAL ESTATE SERVICES WHEREAS, the City and Alameda County entered into an agreement dated July 1, 1998, for provision of Traffic Signal Maintenance, Street Lighting Maintenance, Crossing Guards, and Real Estate Services; and WHEREAS, the City of Dublin and Alameda County entered into an amendment to the agreement dated July 1, 2003, to extend services for an additional five years, remove crossing guard services, modify the schedule of maintenance frequency, and expand the list of maintenance locations; and WHEREAS, said agreement expires on June 30, 2008; and WHEREAS, the City desires to extend the agreement an additional three years and to expand the list of maintenance locations; and WHEREAS, the services provided by the County have been appropriate and acceptable; NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Extension of Term: The agreement with Alameda County is amended to extend the termination date to June 30, 2011. 2. Revised Exhibit A: Exhibit A (Signal Maintenance) of the agreement is amended as per the attached to add new signal installations to the list of installations covered by the agreement. CITY OF DUBLIN Mayor ATTEST: City Clerk COUNTY OF ALAMEDA Chairperson, Board of Supervisors I hereby certify under penalty of perjury that the Chairperson of the Board of Supervisors has been 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: Clerk, Board of Supervisors County of Alameda, State of California EXlIIIT A To the Resolution s ef2b1 rt 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 obsolescence, 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. G:\CONSUL T ANTS\alameda county contract\2008 amendment to street signal agreement.doc EXHIBIT A, Tn tho A W\4='HJ\O\FAJI 4 (;l-~ 3 c2 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 BoulevardlDonohue Drive 3. Amador V alley Boulevard/Amador Plaza Road 4. Amador Valley BoulevardNillage Parkway 5. Amador Valley Boulevard/Stagecoach Road 6. Amador Valley BoulevardlDougherty Road 7. Dublin BoulevardlDougherty Road 8. Dublin Boulevard/Dublin Court 9. Dublin Boulevard/Sierra Court 10. Dublin Boulevard/Clark Avenue 11. Dublin BoulevardNillage 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 RoadIV omac Road 20. Village Parkway/Lewis Avenue 21. Dougherty Road/Sierra Lane 22. Dublin Boulevard and DeMarcus Blvd. 23. Dublin Boulevard and Iron Horse Parkway 24. Dublin Boulevard and Hacienda Drive 25. Dublin Boulevard and Hibernia Drive 26. Dublin Boulevard and Myrtle Drive 27. Dublin Boulevard and Tassajara Road 28. Dublin Boulevard and Hansen Drive 29. Dougherty Road and Scarlett Drive 30. Hacienda Drive and Central Parkway 31. Hacienda Drive and Summerglen Drive 32. Hacienda Drive and Hacienda Crossings 33. Tassajara Road and Gleason Drive 34. Gleason Drive and Creekview Drive 35. Tassajara Road and South Dublin Ranch Drive 36. Tassajara Road and North Dublin Ranch Drive 37. Tassajara Road and Central Parkway 38. Tassajara Road and "The Shops" Driveway Entrance 39. Tassajara Road and Koll Center 40. Dublin Boulevard and John Monego Court 41. Dublin Boulevard and Glynnis Rose Drive 42. Dublin Boulevard and Sybase Drive 43. Dublin Boulevard and Arnold Road 44. Dublin Boulevard and Scarlett Drive 45. Amador Valley Boulevard and Iron Horse Trail Crossing G:\CONSUL T ANTS\alameda county contract\2008 amendment to street signal agreement.doc 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. Village Parkway and Tamarack Drive Village Parkway and Brighton Drive Village Parkway and Davona Drive Central Parkway and Arnold Road Gleason Drive and Hacienda Drive Central Parkway and Hibernia Drive Dougherty Road and Willow Creek Drive Dublin Boulevard and Brannigan Street Central Parkway and Brannigan Street Fallon Road and Antone Way Fallon Road and Bent Tree Drive Fallon Road and Kingsmill Terrace Fallon Road and Turnberry Drive Central Parkway and Glynnis Rose Drive Central Parkway and Tassajara Creek Trail Crossing San Ramon Road and 1-580 W/B Offramp Dublin Boulevard and Grafton Drive Dublin Boulevard and Carnmore Place Dublin Boulevard and Keegan Street Central Parkway and Keegan Street Fallon Road and Gleason Drive Tassajara Road and Quarry Lane School Tassajara Road and Silvera Ranch Drive Tassajara Road and Fallon Road Central Parkway and Lockhart Drive Gleason Drive and Lockhart Drive Martinelli Way and Arnold Road Martinelli Way and Center (IKEA) Drive Gleason Drive and Brannigan Street Gleason Drive and Grafton Drive Dublin Boulevard and Inspiration Circle Central Parkway and Montalcino Street-Chancery Lane Central Parkway and Grafton Drive Fallon Road and Silvera Ranch Drive (future) Fallon Road and Cydonia Drive (future) Dublin Boulevard and Lockhart Drive (future) Dublin Boulevard and Fallon Road (future) Dublin Boulevard and Schaefer Ranch Road (future) Dublin Boulevard and Silvergate Driv.e (future) Fallon Road and Central Parkway (future) Fallon Road and Positano Parkway (future) Positano Parkway and West Cantara Drive (future) Positano Parkway and Baroncelli Drive (future) ~~J2 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. G:\CONSUL T ANTS\alameda county contract\2008 amendment to street signal agreement.doc 4. Maintenance Guidelines b ~r>> 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. BIMONTHLY SERVICE 1. Check cycling. 2. Visual check of controller for extension, detection, and normal operation. 3. Check cabinet ventilation fan for thermal control and operation. 4. Check all vehicle detector units for tuning and operation. 5. Check operation and adjustment of all external relays. 6. Check all vehicle and pedestrian heads for operation and alignment. 7. Check all pedestrian buttons and pedestrian instruction signs check condition of pull box lids within walkway of intersection.. 8. Vacuum cabinet and check air filter. 9. Check for presence of all prints and maintenance record card. 10. Visual check of roadway for asphalt failure or unapproved road construction which affects vehicle detection operation. 11. Perform any repairs needed for optimum function of traffic signal. ANNUAL SERVICE Clean all lenses and EVP (emergency vehicle pre-emption) units. BI-ANNUAL RELAMP Incandescent yellow indications to be relamped every two years. 1101328.1 G:\CONSUL T ANTS\alameda county contract\2008 amendment to street signal agreement.doc ---- '1i]) ..... EX' liT "A" OF RESOLUTION '1E--9P AGREEMENT BETWEEN CITY OF DUBLIN AND COUNTY OF ALAMEDA PUBLIC WORKS AGENCY FOR TRAFFIC SIGNAL AND STREETLIGHTING MAINTENANCE, REAL ESTATE SERVICES, AND CROSSING GUARD SERVICES THIS AGREEMENT, made and entered into this 1st day of July, 1998, by and between the COUNTY OF ALAMEDA PUBLIC WORKS AGENCY, 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 and Streetlighting Maintenance, Real Estate Services, and Crossing Guard Services by COUNTY. b) set forth. COUNTY is agreeable to rendering such services on the terms and conditions hereinafter c) Such contracts are authorized by Section 51300, et. seq., of the Government Code. THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: L SERVICES TO BE PROVIDED a) COUNTY agrees to provide Traffic Signal and Streetlighting Maintenance, Real Estate Services, 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, Crossing Guard Services Exhibit B, Streetlight Maintenance, Exhibit C, and Real Estate Services, Exhibit D, 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, B, C, and D in accordance with Section III of this agreement. CITY shall have the ability, on an annual basis, to modify Exhibits A, B, C, and D, 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. Page 1 ATTACHIENT 2,. --.' g;f3d 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. 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. 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, 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 Page 2 0c{12 . . Public Works Director. Ifinspections 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. 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 ofa 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 caused 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 caused by negligent or wrongful act or omission by COUNTY 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 ofa 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 caused by the negligent or wrongful act or omission of COUNTY officers, agents, and employees arising in the performance of this agreement. Page 3 ',---- .~ IO~jd V. INSURANCE That insurance agreement between CITY and COUNTY entitled" Addendum to Setvice 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 oflabor; 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 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 1 st 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. t) 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. Vll. COMPLIANCE WITH APPLICABLE LAWS In performing the services to be provided pursuant to this agreement, COUNTY shall comply with all Page 4 -' '''-" 1I~3d 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, 1998, and shall continue in effect until June 30, 2003 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. For CITY OF DUBLIN {bslt1hJ Attest: Approved as to form: ~~~fdL ~tt~ j;~ For COUNTY OF ALAMEDA,~ ~ ...., ~"" ~ Board of Supervisors Approved as to form: ~4 ../ County Counsel I hereby certify under penalty of perjury that the Chairperson of the Board of Supervisors has been duly authorized to execute this document on behalf of the County of Alameda by a majority vote of the Board on i III t Ii 1998 ,. and that a copy has been delivered to the Chairperson as provided by Government Code Section 2~ JUL 1 ,. 1998 Dated: C(VIS rliD-R, H/S/lIIJf/ Clerk, Board of Supervisors County of Alameda, State of California a:\signals\agrement Page 5 "-,' 1.2 ~ JJ 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 V ehicle 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 .-. 13 '53J assessed directly against the installations involved. Such costs shall be the actual costs oflabor, 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 BoulevardlVillage Parkway 5. Amador Valley Boulevard/Stagecoach Road 6. Amador Valley BoulevardlDougherty Road 7. Dublin Boulevard/Dougherty Road 8. Dublin BoulevardlDublin 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 RoadIV omac Road 20. Village Parkway/Lewis Avenue 21. Dougherty Road/Sierra Lane 22. Dublin Boulevard and DeMarcus Blvd. 23. Dublin Boulevard and Iron Horse Parkway 24. Dublin Boulevard and Hacienda Drive 25. Dublin Boulevard and Hibernia Drive 26. Dublin Boulevard and Myrtle Drive 27. Dublin Boulevard and Tassajara Road The following intersections to become effective upon completion of construction: 28. Dublin Boulevard and Hansen Drive 29. Dougherty Road and Scarlett Drive 30. Hacienda Drive and Summerglen Drive 31. Hacienda Drive and Mall Entrance 3 (street name to be determined) 32. Gleason Drive and Arnold Road 33. Hacienda Drive and Central Parkway "--"" ILf~ 3d 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. BI-MONTHLY SERVICE 1. Check cycling. 2. Visual check of controller for extension, detection, and normal operation. 3. Check cabinet ventilation fan for thermal control and operation. 4. Check all vehicle detector units for tuning and operation. S. Check operation and adjustment of all external relays. 6. Check all vehicle and pedestrian heads for operation and alignment. 7. Check all pedestrian buttons and pedestrian instruction signs. 8. Vacuum cabinet and check air filter. 9. Check for presence of all prints and maintenance record card. 10. Check cabinet fan for thermal control and operation. ANNUAL RELAMP .'- 15~J02 EXHmIT liB" CROSSING GUARD SERVICES 1. General 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 scope of services provided shall include COUNTY's cost of: recruitment~ training~ supervision~ employee salaries~ benefits, taxes and supplies; and other associated responsibilities of having COUNTY personnel provide services pursuant to this agreement. 3. Designation of Times/Dates of Service CITY Public Works Director shall coordinate with Dublin Unified School District for the provision to COUNT" 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 1 st of each year, COUNTY shall provide CITY with the estimated cost of service for the upcoming Fiscal Year. 5. Location of Crossing Guards Crossing guards shall be provided at the following locations: (none at this time) 6. 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. ....-. 1& ~ 3d EXHIBIT "C" STREET LIGHTING MAINTENANCE 1. This exhibit shall pertain to all street lights and street lighting facilities which are owned by the City of Dublin. 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 bulbs, photoelectric controls, lenses, 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) shall be performed by County, either by County personnel or by contract, as mutually agreed upon by City's Director of Public Works and County's Deputy Director of Maintenance and Operations. 4. County 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. .,-" "-" 17~Jd ExnmIT "D" REAL ESTATE SERVICES 1. County agrees to perform real estate services upon written request of City. Services may include appraisals and/or acquisition and relocation services. 2. Billing for real estate services may be included with the monthly billing for traffic signal and street lighting maintenance but must be identified as a separate item or account. Real estate service billing shall be charged to the "general" account number 74100 and not charged to a specific intersection or location. 3. If a contract appraiser is to be utilized, City reserves the right to review qualifications and approve the proposed contractor. Billing for a contract appraiser shall be accompanied by a copy of the contract appraiser's invoice to County. I~~J) .,' EXHIBIT "A" OF RESOLUTION lla -03 AMENDMENTTOAGREEMENT~TH ALAMEDA COUNTY FOR TRAFFIC SIGNAL MAINTENANCE, STREET LIGHTING MAINTENANCE, AND REAL ESTATE SERVICES WHEREAS, the City and Alameda County entered into an agreement dated July 1, 1998, for provision of Traffic Signal Maintenance, Street Lighting Maintenance, Crossing Guards, and Real Estate Services; and WHEREAS, said agreement expires on June 30,2003; and WHEREAS, the City desires to extend the agreement an additional five years and to modify the agreement scope of work; and WHEREAS, the services provided by the County have been appropriate and acceptable; NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Extension of Term: The agreement with Alameda County is amended to extend the termination date to June 30, 2008. 2. Deletion of Crossing Guard Services: Exhibit B Crossing Guard Services is deleted from the agreement, as these services are no longer required. 3. Revised Exhibit A: Exhibit A (Signal Maintenance) is amended as per the attached to add new facilities and revise the maintenance frequency schedule. CITY OF DUBLIN ATTEST: \ ~lAJ\~ L-- ~ City Clerk I -'- ( J rAAl1?X ~:x -" ~ Mayor COUNTY OF ALAMEDA ..Jj~ ~ flesident, Board of Supervisors I hereby certify underjJenalty of perjury that the Chairperson of the Board ofSupervm'i1 h~sge!iid~ly authorized to execute this document on behalf of the County of Alameda by a majority vote of the Board on ..JU L ... ; and that a copy has been delivered to the Chairperson as provided by Government Code Section 25103. JUt ... 8 200~ . i\p~ as to Form riCH 0 -. WINNIE, County Counsel Clerk, Board of Supervisors County of Alameda, State of California p.~! 0';'.'...,,,.,.., ITTIC_ENT .:3.:. EXHIBIT "A" TRAFFIC SIGNAL MAINTENANCE SERVICES J0~3) 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 V ehicle 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 obso1escense, 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 perfonn 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 re1amping, 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 oflabor, 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 02D~~ 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 BoulevardIVillage 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/V omac Road 20. Village Parkway/Lewis Avenue 21. Dougherty Road/Sierra Lane 22. Dublin Boulevard and DeMarcus Blvd. 23. Dublin Boulevard and Iron Horse Parkway 24. Dublin Boulevard and Hacienda Drive 25. Dublin Boulevard and Hibernia Drive 26. Dublin Boulevard and Myrtle Drive 27. Dublin Boulevard and Tassajara Road 28. Dublin Boulevard and Hansen Drive 29. Dougherty Road and Scarlett Drive 30. Hacienda Drive and Central Parkway 31. Hacienda Drive and Surnmerglen Drive 32. Hacienda Drive and Hacienda Crossings 33. Tassajara Road and Gleason Drive 34. Gleason Drive and Creekview Drive 35. Tassajara Road and South Dublin Ranch Drive 36. Tassajara Road and North Dublin Ranch Drive 37. Tassajara Road and Central Parkway 38. Tassajara Road and "The Shops" Driveway Entrance 39. Tassajara Road and Koll Center 40. Dublin Boulevard and John Monego Court 41. Dublin Boulevard and Glynnis Rose Drive 42. Dublin Boulevard and Sybase Drive 43. Dublin Boulevard and Arnold Road 44. Dublin Boulevard and Scarlett Drive 45. Amador Valley Boulevard and Iron Horse Trail Crossing 46. Village Parkway and Tamarack Drive 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. Village Parkway and Brighton Drive Village Parkway and Davona Drive Central Parkway and Arnold Road Gleason Drive and Hacienda Drive Central Parkway and Hibernia Drive Dougherty Road and Willow Creek Drive Dublin Boulevard and Brannigan Street Central Parkway and Brannigan Street Fallon Road and Antone Way Fallon Road and Bent Tree Drive Fallon Road and Kingsmill Terrace Fallon Road and Turnberry Drive Central Parkway and Glynnis Rose Drive (future) Central Parkway and Tassajara Creek Trail Crossing (future) San Ramon Road and 1-580 Will Offramp (future) J/ ~32 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 ~isted guidelines. The maintenance schedule may vary due to lack of personnel or other unforeseen circumstances. Timing and programming functions shall be CITY's responsibility. BI-MONTHL Y SERVICE 1. Check cycling. 2. Visual check of controller for extension, detection, and normal operation. 3. Check cabinet ventilation fan for thermal control and operation. 4. Check all vehicle detector units for tuning and operation. 5. Check operation and adjustment of all external relays. 6. Check all vehicle and pedestrian heads for operation and aligrunent. 7. Check all pedestrian buttons and pedestrian instruction signs check condition of pull box lids within walkway of intersection.. 8. Vacuum cabinet and check air filter. 9. Check for presence of all prints and maintenance record card. 10. Visual check of roadway for asphalt failure or unapproved road construction which affects vehicle detection operation. 11. Perform any repairs needed for optimum function of traffic signal. ANNUAL SERVICE Clean all lenses and EVP (emergency vehicle pre-emption) units. BI-ANNUAL RELAMP Incandescent yellow indications to be relamped every two years. z: \contractlsignals\2003 amendment ......';'0 .. J' EXHIBIT itA" OF RESOLUTION lii.-98 ~d~3Z ,,' ~. ~.. / AGREEMENT BETWEEN CITYOF DUBLIN AND COUNTY OF ALAMEDA PUBLIC WORKS AGENCY . FOR TRAFFIc SIGNAL AND STREETLIGHTING MAINTENANCE, REAL ESTATE SERVICESt AND CROSSING GUARD SERVICES THIS AGREEMENT, made and entered into this 1st day of July, 1998, by and between the COUNTY OF ALAMEDA PUBLIC WORKS AGENCY, 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 perfonnance of Traffic Signal and Streetlighting Maintenance~ Real Estate Services, and Crossing Guard Services by COUNTY. b) set forth. COlJN'TY is agreeable to rendering such services on the terms and conditions hereinafter .c) Such contracts are authorized by Section 51300, et. seq., of the Government Code. THEREFORE, THE PARTIES .HERETO AGREE AS FOLLOWS: ( '- L SERVICES TO BE PROVIDED. a) COUNTY agrees to provide Traffic Signal and Streetlighting Maintenance, Real Estate. Services, 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 corning 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 Tnlffic Signal Maintenance Services, Exhibit A, Crossing Guard Services.Exlubit B, Streetlight Maintenance, Exlubit C, ~d Real Estate Services, Exhibit D, and incorporated by reference. . The rendition of such services, the standard of performance and other matters incidental to. the peiformance of such services, and the control of personnel so employed shall remain within the control of COUNTY unless otherwise ?escribed 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 deteIminatlon thereof shall be final and conclusive as between the parties hereto. ( b) CITY shall have the ability to eliminate services described m Exhibits A, B, C, and Din accordance with Section ill oftrus agreement. CITY shall have the ability, on an annual basis, to modify Exhibits A, B, C, and D, provided that to the County Deputy Director, Maintenance and Operations, or bislhe sig1).e~said modification(s) will not be detrimental to the provision of such services. . Appr as to fOrl'D . . . RICHAR . WINNIE, CounCounsel, Page 1 . By '. '. . I'. . '. J3~J) c) To facilitate the performanc~ ofsaid functions, it is hereby agreed that COUNTY shall have ~ cooperji,tioti and assistance .from CITY, its officers, agents, and employees, who shall remain CITY employees for .the purpose of ~his agreement. . d) F or the purposes of performing said functions, COUNTY shall furnish and supply all. necessary laoar, supervisio~ machinery, equipment, and supplies necessary to maintain the level of service to be rendered hereunder. . 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 COtJNTY, or his/her designee, specifying those function and services to be performed by COUNTY. In an emergency $ituation, services . may be requested by CITY and provided by COUNTY pursuant to verbal agreement between the Public W orksDirectot of CITY or his/her designee and the Deputy Director, MaintenaIlce and Operations of COUNTY, or hislher 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. . , t) 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 d.ata requested by CITY.subject to availability of information and staff time. CITY will pay COUNTY for the fullcost 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 aild maintain during the duration of this agreement an ordinance similar to Chapter 1, Title 5 of the Alameda County Ordinance Code (encroachment ord~ance). Thi~ agreemerit shall' sooner terminate at any time CITY fails to maintain sai9 ordinance. ' . It. PREPARATION OF PLANSIUSE OF PRIVATE CONTRACTOR a) . It: pursuant to this agreement, COUNTY prepares plans at the written request of CITY, fOf any project to be C?onstructed by a private contractor, CITY shall have the option of either becoming a part of a COUNTY over:all contract for such services, should one be avejilable 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 s.aid 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 ( \. Page 2 .; ... J~ %31 .' Public Works Du-ector. If inSpections necessary to ascertain the compliance by the contractor with the . plans, profiles, arid sped~catibns 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 wit4 all pertinent records. IV. LIABJLITY 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 shail 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 trat 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.ofhisJher 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 perfonnance oftrus 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 hannless from loss, costs, or expenses caused by the negligent or wrongful act or omission of CITY officers, agents, and employees arising m the perfonnance of this agreement. d) . COUNTY will assume liability and pay cost of defense and hold the CITY hannless from loss, costs, or expenses to the extent caused by negligent or wrongful act or omission" by COUNTY _ officers, agents, and employees occurring in the performance oftrus agreement. In addition, when. liability arises. pursuant toSecti~n 830, et. seq., of the Government Code, by reasOn ofa dangerous condition of the public property of the COUNTY, the COUNTY shallllssume 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 arising in the performance of this . agreement. Page 3 I.' '.f',; O?S~.3OL V. .INSURANCE That insurance agreement between CITY and COUNTY entitled "Addendum to Service Agreements Between COtIDty of Alameda arid City of Dublin and Insurance Agreement" which is in effect during the term ofthisagteement shall apply hereto and is :fully incorporated herein by reference. . VL . COST AND B~LING 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 seMces specified in the Exhibits attached to this agreement. 'IActual 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 ()f all services performed, including salary, wages, and other compensation of labor, supervision and planning, plus ~verhead, 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 thereof when furnished with said machinery and suppli~s 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 provid~ CITY with proj ections 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 ofbil1.ii1g~ . Ifsuch payment is not received by COUNTY at the office which is described on said billing within thirty (30) days after the aate 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 thereot: and such cost will be paid within a reasonable time thereafter. The words 'I specific project" as used here~ shall include, but shall not be limited to, all construction, reconstruction, relocation, and other similar capital signal projects. f) If: at the termination oftrus 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 performarice 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. . Vll.COMPLIANCE WITH APPLICABLE LA WS ( " In performing the services to be provided pursuant to this agreement, COUNTY shall comply with all Page 4 r16 % J) applicable State. and Federal laws and regulations, including but not limited to laws and regulations relating.to discrimination and laws requiring injury and ilhiessprevention programs. . VIII. TERM This agreement shall commence on July 1,1998, and shall continue in effect until June 30,2003 unless terminated according to the provisions of Section ill. VI. MODIFICATION This agreement may be modified in writing by mutual agreement of the parties hereto at any time. For CITY OF DUBLIN bJw Attest: ~dL. Approved as to form: .~~y.x~. ~ity Attorney For COUNTY OF ALAMEDA . . Approved as to form: CouQ.ty Counsel . . . 1 here~ certify under penalty of perjury that the Chairperson of the Board of Supervisors has been duly authorized to execute this document on behalf of/he County of Alameda by a majority vote of the Board on J U l1 -4 1998 ; and that a copy has been delivered to the Chairperson as provided by Government Code Section 25103. Dated: JU l 1 It 1998 Page 5 a:\signalslagrement - ~ f' t .j; t.. 011 ~ ,31 EXHIBIT "A II TRAFFIC SIGNAL MAINTENANCE SERVICES 1. The COUNTY Public Works Agency shall construct, reconstruct, operate, maintam and repair all traffic signa1~ within CITY with the same power with reference thereto as if said traffic signals were in the unincOrporated area of COUNtY; theCny 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 oontrol 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 maint~nance functions to be perfonned and to specify the cost of such maintenance as follows: 1. Services A:." COUNTY will furnish and perform all routiIJe maintenance and inspection services . . necessary to keep the facilities covered by the terms of this. Agreement in satisfactory working condition. A generat"guideline for said services is included in this Exhibit. Such serVices shall include the following: patrolling, emergency service, relamping, necessary niinor repairs and adjustments; replacement of controIler~ 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 shaUinclude 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 aU necessary vandalism and collision repairs. . D. At CITY's written direction, COUNTY shall perform new construction inspection services for traffic signal mstallations and provIde reports of any deficiencies, irregularities, or deviations from CITY's approved plans and specifications. . 2. Costs and Repairs . A. Labor, equipment, and materiai 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 colIision.repairshall be" c2J13 ~ assessed directly against the installations involved. Such costs shall be the actualcosts 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 BoulevardJDonohue Drive 3. Amador Valley Boulevard! Amador Plaza Road 4. Amador Valley BoulevardIVillage Parkway 5. Amador Valley Boulevard/Stagecoach Road 6. . Amador Valley Boulevard/Dougherty.Road 7. publin BoulevardJDougherty Road 8. Dublin Boulevard/Dublin Court 9. Dublin Boulevard/Sierra Court 10. Dublin Boulevard/Clark Avenue 11. Dublin BoulevardlVillage Parkway 12. Dublin Boulevard/Amador ~laza 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/Silvergat~ Drive 18. San Ramon Road/Shannon Avenue 19'~ San Ramon RoadNomac Road 20. Village Parkway/Lewis Avenue 21. Dougherty Road/Sierra Lane 22. Dubliri Boulevard and DeMarcus Blvd. 23. . Dublin Boulevard and Iron Horse Parkway 24. Dublin Boulevard and Hacienda Drive 25. Dublin Boulevard and Hibernia Drive 26. Dublin Boulevard and Myrtle Drive 27. . Dublin Boulevard and Tassajara Road The following intersections to become effective upon completion of conStruction: 28. Dublin Boulevard and Hansen Drive 29. Dougherty Road and Scarlett Drive 30. Hacienda Drive and Summerglen Drive 3 L Hacienda Drive and Mall Entrance 3 (street name to.be determined) 32. Gleason Drive and Arnold Road 33. Hacienda Drive and Central Parkway \.. .j c2Q ~J.,2 At CIT~s option., the above locations may be amended to.adjust the number andlor 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 hislher designee.. 4. Maintenance Guidelines COUNTY shall rriRke every reasonable effort to maintain CITYs 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. WEEKL Y SERVICE 1. Patrol system check (vandalism). 2. Alignment of traffic and pedestrian heads. 3. Check cycling of system. BI-MONTHL Y SERVICE :j 1. 2. 3. 4. 5. 6. 7. : 8. 9. 10. Check cycling. Visual check of controller for extension, detection,. and normal operation. Check cabinet ventilation fan for thermal control and operation. Check all.vehicIe 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. ANNUAL.RELAMP - . 30~.&I EXHIBIT fiB" CROSSING GUARD SERVICES 1. General 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 scope of services provided shall include COUNTY's cost of: recruitment; training; supervision; employee salaries; benefits, taxes and supplies; arid other associated responsibilities of having COUNTY personnel provide services pursuant to this agreement. 3. Desip;nation of Times /Dates of Service CITY Public Works Director shall coordinate with Dublin Unified School DiStrict for the. . provision to COUNT"iJ 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 oftbe school year, COUNTY shall submit to CITY for its approval the proposed regular schedule for Crossing Guards at each locatic;)ll. . 4. Costs Costs shall be billed in accordance with this agreem~nt 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 Crossing Guards Crossing guards shall be proVided at the following locations: (none at this time) 6. 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. . . Jr ~3J EXHIBIT "c" STREET LIGHTING MAINTENANCE 1. This exhibit ~hall pertain to all street lights and street lighting facilities which are owned by the City of Dublin. 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 bulbs, photoelectric controls, lenses, fuses, ballasts, luminaires, breakers, wiring, and other components. City may request service on an emergen~y basis if a hazard is p.erceived to exist. 3. Replacement of street light knockdowns (collision repair) shall be performed by County, either by County personnel or by contract, as mutually agreed upon by City's Director of Public Works and County's Deputy Director of Maintenance and Operations. 4. County agrees to stock replacement parts as needed. 5. . County shall perform construction inspection bfnew 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 locati~ns. ( j;Jc;f 3) EXHIBIT "uu REAL ESTATE SERVICES 1. County agrees to perform real estate services upon written request of City. Services may include appraisals and/or acquisition and'relocation services. . 2. . Billing for real estate services may be included with the monthly billing for traffic signal and street lighting maintenance but must be identified as a separate item or account. Real estate service billing shall be charged to the "general" account number 74100 and not charged to a specific intersection or location. .3. If a contract appraiser is to be utilized, City reserves the right to review qualific~tions and approve the proposed contractor. Billing for a contract appraiser shall be accompanied by a copy of the contract appraiser's invoice to County. . ( ~ .