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Home My WebLink AboutMINUTES - 02132001 - C.1 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: February 6, 2001 SUBJECT: Signal Maintenance Agreement between Contra Costa County and the City of Walnut Creek. Project No.: 0672-6U2802 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE the agreement for maintenance and operation of the traffic signal and lights on Treat Boulevard at its intersections with Buskirk Avenue and northbound 1-680 off-ramp, Oak Road, Jones Road, and Cherry Lane and at the intersection of Oak Road and Jones Road. II. Financial Impact: No impact to the General Fund. The County is responsible for 100% of operational costs, routine maintenance and damages to the traffic signals. The annual cost is estimated to be $ 3,000.00 and will be paid from Road Funds. Continued on Attachment: X SIGNATURE: - �--_ _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED X OTHER FEBRUARY.13, 2001 VQJE OF SUPERVISORS UNANIMOUS (ABSENT NONE ) AYES: NOES: I hereby certify that this is a true and correct copy of an ABSENT: ABSTAIN: action taken and entered on the minutes of the Board of Supervisors on the date shown. JY:je G:\GrpData\TransEng\2001\Bo-TR\BO signal maintenance on Treat.doc Orig.Div: Public Works(Traffic) Contact: Joe Yee—Tel.313-2258 ATTESTED: FEBRUARY-13, 2001 PHIL BATCHELOR, Clerk of the Board of Supervisors cc: Public Works Accounting General Services Accounting and County Administrator General Services Signal Shop By 9Deputy. . r� Signal Maintenance Agreement between Contra Costa County and the City of Walnut Creek. February 6, 2001 Page 2 III. Reasons for Recommendations and Background: The City proposed to take over the maintenance and operation of the signals so that operation of the signals can be integrated with other signals on Treat Boulevard and on Oak Road located in the City. The maintenance and operation of the traffic signals along Treat Boulevard by one agency may improve traffic flow on that arterial. IV. Consequences of Negative Action: Potential improvements to the flow of traffic along Treat Boulevard may not be realized. AGREEMENT FOR MAINTENANCE AND OPERATION OF THE TRAFFIC SIGNAL AND LIGHTS ON TREAT BOL?LEVARD AT ITS INTERSECTIONS WITH BUSKIRK AVENUE AND NORTHBOUND I-680 OFF-RAMP, OAK ROAD, JONES ROAD, AND CHERRY LANE AND AT THE INTERSECTION OF OAK ROAD AND JONES ROAD THIS AGREEMENT, dated FEBRUARY 13, 2001, is made by and between the City of Walnut Creek, a municipal corporation (hereinafter referred to as Walnut Creek), and the County of Contra Costa, a political subdivision of the State of California, (hereinafter referred to as County). RECITALS A. The traffic signals at the intersections of Treat Boulevard and Buskirk Avenue and northbound 1-680 Off= ramp, Treat Boulevard and Oak Road, Treat Boulevard and Jones Road, Treat Boulevard and.Cherry Lane, and Oak Road and Jones Road are currently maintained by the County. B. The intersection of Treat Boulevard and Buskirk Avenue and northbound I-680 Off-ramp is jointly owned by the County and the State of California(hereinafter referred to as State) with a 66.6% and 33.3% ownership share, respectively. C. Walnut Creek has proposed to take over the maintenance and operation of the signals so that operation can be integrated with other signals on Treat Boulevard and on Oak Road located in Walnut Creek. D. The maintenance and operation of the traffic signals along Treat Boulevard by one agency will insure an improved traffic flow on that arterial. AGREEMENT Now, therefore, Walnut Creek and County mutually agree as follows: 1. Operation. Walnut Creek shall provide to County any proposed signal timing changes for the signalized intersections included in this agreement. No changes shall be made without the County's written approval. Temporary and emergency timing changes to adjust for equipment failure or incident management may be made by Walnut Creek without prior approval by the County, however, Walnut Creek shall inform County within two workdays after such changes. 2. Maintenance work to be performed. Walnut Creek will provide routine maintenance work for the traffic signals at the intersections of Treat Boulevard and Buskirk Avenue and northbound 1-680 off.-ramp, Treat Boulevard and Oak Road, Treat Boulevard and Jones Road, Treat Boulevard and Cherry Lane, and Oak Road and Jones Road, which includes on-site bi-monthly preventive maintenance, annual re-lamping as necessary, painting and making necessary equipment upgrades, repairs, or replacements, as required, to ensure satisfactory service; not including modification for additional facilities. 3. Modification for Additional Facilities. Should either Walnut Creek or County determine the need for additional facilities, the initiating party shall request in writing such modifications and a separate agreement among staff representing both parties shall be reached prior to the construction or implernentation of such a proposal. An approved and signed set of plans by both agencies shall satisfy the Page l of 3 written agreement for this item. 4. Payment. County agrees to reimburse Walnut Creek one hundred percent (100%) for the four intersections within the County and (66.6%) for the County and State joint intersection of operational costs, routine maintenance, and damages to traffic signal equipment or flasher units. Operational costs shall include cost of equipment replacement due to wear or un-collectible accidents and labor costs including direct and indirect overhead from an accounting of actual charges to the intersections. County will continue to pay Pacific Gas and Electric Company directly for all cost to power the signals and lights. Walnut Creek shall bill the County hundred percent (100%) for the four intersections within the County and (66.6%) for the County and State joint intersection of routine maintenance, as defined in paragraph 2."Maintenance work to be performed" of the Agreement, at the end of each calendar year for the work performed or service furnished that calendar year. Billings shall show signal and light maintenance. The County shall pay its cost within sixty (60) days after receipt of billing by Walnut Creek. Damages to traffic signal equipment or flasher units necessitating repairs or replacement of poles, standards, flasher unit components, caused by vehicular damage or acts of God shall be accomplished by Walnut Creek forces at actual labor and material cost plus applicable overhead on labor costs. Walnut Creek shall notify County on the next workday following occurrences that necessitate repairs under this article and furnish estimated repair costs. Walnut Creek will include the repair costs with the annual invoice less any amount received from the party or insurance company representing the party responsible for causing the damage. Walnut Creek will notify County of any attempt to collect reimbursement from the party or insurance company representing the party responsible for causing the damage. 5. Legal Relations and Responsibilities. Nothing in the provision of this Agreement is intended to create duties or obligations to or rights in third parties who are not parties to this contract or affect the legal liability of either party to the contract by imposing any standard of care respecting the maintenance of State highways or traffic signals and lights different from the standard of care imposed by law. It is understood and agreed that neither County nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by Walnut Creek under or in connection with any work, authority or jurisdiction delegated to Walnut Creek under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, Walnut Creek shall defend, indemnify and save harmless County, and all County officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person. or damage to property resulting from anything done or omitted to be done by Walnut Creek under or in connection with any work, authority or jurisdiction delegated to Walnut Creek under this Agreement. It is understood and agreed that neither Walnut Creek nor any Walnut Creek officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by County under or in connection with any work, authority or jurisdiction not delegated to Walnut Creek under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, County shall defend, indemnify and save harmless Walnut Creek, and all Walnut Creek officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by County under or in connection with any work, authority or jurisdiction nor delegated to Walnut Creek under this Agreement. Paue 2 of 3 6. Term. This Agreement may be terminated at any time for no or any reason by either party upon giving the other party sixty (60) days prior written notice. 7. Inteizration. This Agreement contains the entire agreement between parties and supersedes all prior understandings or agreements, oral or written, regarding the subject matter of this Agreement. 8. Modification. This Agreement shall be subject to modification or amendment only by the mutual, written agreement of both parties. 9. Accountability. Walnut Creek shall maintain and make available to County complete records of its receipts and disbursements under this Agreement. 10. Effective Date. This Agreement takes effect on FEBRUARY 13, - = 2001. CITY OF WALNUT CREEK CONTRA COSTA COUNTY By By City Manager C air, Boar of Supervisors ATTEST: Recommended: By By W City Clerk Public Wo ector Reviewed by: Approved as to form only: By By DI /) QW4 City Attorney County Coun 1 2 s INJ Page 3 of 3