HomeMy WebLinkAboutMINUTES - 10241995 - C36 _- t c-.3tv
TO: BOARD OF SUPERVISORS
Contra
FROM: Barton J. Gilbert, Director of General Services ;' s Costa
4o County
c�STa cooK`t't
DATE: October 24, 1995 .
SUBJECT: APPROVAL OF TRAFFIC SIGNAL MAINTENANCE AGREEMENT WITH CITY OF
BRENTWOOD
SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDATION
APPROVE and AUTHORIZE the Director of General Services or his designee to EXECUTE a
Traffic Signal Maintenance Agreement with the City of Brentwood.
II. FINANCIAL IMPACT
Revenue will be received by the County as all costs will be borne by the City of Brentwood.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND
The City of Brentwood has requested that the County maintain traffic signals within the City.
IV. CONSEQUENCE OF NEGATIVE ACTION
The City of Brentwood will need to seek maintenance services elsewhere.
CONTINUED ON ATTACHMENT:-)(—YES SIGNATUR'.
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMI E
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT 1
AYES: NOES:
ABSENT: ABSTAIN: I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
MEDIA CONTACT: BARTON J.GILBERT(313-7100) AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
CC: Office of the County Administrator(via Admin.)
County Auditor-Controller(via Admin.) ATTESTED ��..Q� � 19
9-5-
County
SCounty Counsel(via Admin.) PHIL BATCHELOR,CLERK OF TH OE'B ARD OF
City of Brentwood,(via Admin.) SUPERVISORS AND COUNTY ADMINISTRATOR
GSD-Accounting(via Admin.)
Building Maintenance(via Admin.)
Orig:General Services-Administration BY DEPUTY
JAH:dp Sigmtcbo.105 M382 (10/88)
TRAFFIC SIGNAL MAINTENANCE SERVICE AGREEMENT
1 . Date and Parties : Effective on x.- - g S the County
of Contra Costa, a political subdivision of the . State of
California (hereinafter called "the County" ) , and the City
of Brentwood, a municipal corporation in the County
(hereinafter called "City" ) , hereby mutually agree and
.promise as set forth below, pursuant to Government Code
sections 6500-6520 .
2 . Purpose: The parties desire to arrange for the maintenance
of certain traffic signals and highway lighting facilities,
and to apportion the cost of such maintenance work. The
signals and facilities covered by this Agreement are located
solely within the- City, are located partly within the City
and partly within the County ( i .e. , joint signals or
facilities) , or , are located within the County but serve
intersection legs originating within the City.
3 . Maintenance Work:
A. The County will perform the maintenance work and other
services described' in Exhibits A, B, and C attached to this
Agreement, including any modifications approved by the
parties pursuant to Section 8 below.
B. Timing adjustments will be made by County personnel only
as directed by the City. For signals located partly in the
County and partly in . the City, the City shall coordinate
timing adjustments with the County.
C. Engineering services, equipment upgrading and detector
loop replacement or installation are not covered by this
Agreement, but may be requested as additional services
pursuant to Board of Supervisors Resolution No. 77/944 and
the provisions of Section 8 below.
4 . Compensation: As compensation for the work and services
described in Section 3A above, the City shall pay the County
for the City' s share of the actual cost of all labor,
. equipment and materials, furnished by the County, including
applicable overhead charges authorized by the County
Auditor-Controller. The percentage of costs chargeable to
the City (i .e. , the City' s share) for each signal or
facility covered by this Agreement is listed in Exhibit A
attached to this Agreement. The County shall maintain cost
records for all work and services performed under this
Agreement.
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5 . .Billing:
A. The County shall bill the City for work and services
performed under this Agreement as soon as possible after the
end of the calendar month in which the work or services were
furnished. The City shall pay its share to the County
within 30 days after the date of billing.
B. Extraordinary expense, such as for the repair or
replacement of extensive damage, shall be assessed against
the particular signal or facility involved. billing for
such expense shall be itemized as to materials, salaries and
benefits, equipment rental, County overhead and other items .
The City' s share of such expense shall be the percentage for
the particular signal or facility set forth in Exhibit A
attached to this. Agreement.
6 . Responsibilities :
( A. It shall be the City's responsibility to provide to the
County any information available to the City on the design,
engineering, installation, modification and timing of those
signals and facilities covered by this Agreement. In
particular, the City shall furnish the following items to
the County:
1) as-built construction drawings (2 each) ;
2 ) manufacturer' s cabinet drawings (2 each) ;
3) manufacturer' s maintenance manual and parts
catalog for the controller and related equipment; and
4 ) service and maintenance records .
B. Special test equipment adapters, if required because- of
signal equipment unique to the City, shall be furnished by
the City or purchased by the County and reimbursed by the
City. Spare parts necessary for the maintenance of the
City' s signals and facilities shall be provided at the
City' s expense.
C. The City shall pay its appropriate share for all
electricity delivered to the signals and facilities covered
by this Agreement. The City' s share for each signal or
facility is listed in Exhibit A attached to this Agreement.
For those signals and facilities located entirely within the
City, the City shall receive billing from, and make payment
to, the utility company delivering the electricity. For all
other signals and facilities covered by this Agreement, the
County shall make payment to the utility company and shall
bill the City for the City' s share of such electricity.
2 of 4
7 . Hold Harmless : The City shall defend, indemnify, save and
hold harmless the County and its boards, officers, agents,
and employees from any and all claims, costs, and liability,
including reasonable attorney' s fees, for any damage,
injury, sickness or death to persons or property arising
directly or indirectly from or in any way connected with,
the work or services performed under this Agreement,
including, but not limited to, claims, costs or liability
resulting from: ( 1) the conduct, negligent or otherwise, of
the City, its officers, agents or employees; (2) the joint
conduct of the County and the City, regardless of whether
the County is concurrently, actively or passively negligent,
or not negligent at all, ( 3) the sole negligence of the
County, its officers, agents or employees but not including
claims arising out of the intentional misconduct of County
officers, agents, or employees; or (4) the sole or
concurrent conduct, negligent or otherwise, of any person or
entity.
For those signals and facilities not located entirely within,
the City, the City' s obligation to indemnify shall be
limited to the City's share for the signal or facility
generating the claim or loss, as set forth in Exhibit A
attached to this Agreement.
Nothing in this Agreement is intended to affect -the legal
liability of either party to third parties by imposing any
standard of care different from the standard of care imposed
by law. Nothing in this section is intended to affect the
"provisions of Government Code section 57325 as to territory
annexed subsequent to the execution of this Agreement.
8 . Modification: This Agreement shall be subject to
modification only with the written consent of the authorized
representative of both parties . Any modification which adds
or deletes signals or facilities, or which changes the work
or services to be performed by the County, shall be
reflected in modified exhibits, which modified exhibits
shall supersede the exhibits referred to in Section 3A
above. Each modification shall set forth the increase or
decrease in compensation and other special conditions
applicable to the modification. For purposes of this
section and Section 9 below, the County designates its
Director of General_ Services as its duly authorized
representative, and the City designates its City Traffic
Engineer as its duly authorized representative.
9 . Termination: This Agreement may be terminated at any time
by .the authorized representative of either party upon six
months prior written notice to the other party. Once such
notice is given, this Agreement shall terminate six months
after the date of the notice. The provisions of Section 7
above shall survive any termination of the Agreement.
3 of 4
l
Notices of termination shall be sent to the parties by
certified mail, return receipt requested, at the following
addresses :
Contra Costa County
c/o General Services Department
1220 Morello Avenue, Suite 200
Martinez, CA 94553'
10 . Prior Agreements : Any and all prior agreements between the
parties concerning maintenance of traffic signals and
highway lighting facilities are hereby terminated as of. the
date set forth in Section 1 above.
11 . Accountability: The parties to this Agreement are strictly
accountable for all funds received for the work and services
described in the Agreement and shall report all receipts and
disbursements relating to the work and services described in
this Agreement. Any surplus money on hand at the
termination of this Agreement shall be returned to the
parties in proportion to the contributions made.
12 . Severability: Should any provision of the Agreement be held
to be unenforceable or invalid by a court of competent
jurisdiction, such holding shall not affect the remaining
provisions of this Agreement.
COUNTY OF CONTRA COSTA
By: By:
Director of General Services Mayor
Recommended for Approval: ATTEST:.
By: By;-
Deputy
y;Deputy General Services Director C erk �
Approved as to form: _ Approved as to form:
Victor J. Westman, County Counsel
By:
Deputy Attorney
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