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2021/04/13 City Council Resolution 2021-037 RESOLUTION NO. 2021-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AN AGREEMENT FOR ROUTINE MAINTENANCE AND ENERGY COST SHARING FOR CERTAIN TRAFFIC SIGNALS WITH SONOMA COUNTY AND RELATED ACTIONS WHEREAS, as a result of the mitigation measures included in various environmental documents, the City of Rohnert Park has agreed to contribute its "fair share"towards traffic signals located at: • Petaluma Hill Road and Rohnert Park Expressway; • Petaluma Hill Road and Valley House Drive; • Stony Point Road and Wilfred Avenue; and • Petaluma Hill Road and Laurel Drive; • Petaluma Hill Road and Keiser Avenue; and WHEREAS, in order to holistically improve traffic flow in these corridors as growth continues in the City, these traffic signals need to be constructed and/or maintained; and WHEREAS, the City and Sonoma County have negotiated an Agreement For Routine Maintenance and Energy Cost Sharing (Maintenance Agreement) which would allow the City to jointly fund the maintenance of traffic signals shared between the City and County and allows the County authority to maintain them on behalf of the City; and WHEREAS, the cost of signal maintenance is an eligible use of the City's gas tax funding; and WHEREAS, a small budget amendment is necessary to ensure that the City can adequately fund its share of maintenance for the remainder of Fiscal Year 2020-20. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize the Agreement for Routine Maintenance and Energy Cost Sharing with Sonoma County in the City of Rohnert Park. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to take all actions to effectuate this agreement for and on behalf of the City of Rohnert Park, including execution, if necessary, in substantially similar form to the agreement attached hereto as Exhibit"A," subject to minor modifications by the City Manager or City Attorney. BE IT FURTHER RESOLVED that the Finance Director is hereby authorized to increase budget appropriations for the traffic signal maintenance and appropriate funds from gas tax fund balance (Fund 130) up to two thousand one hundred and thirty six dollars and zero cents ($2,136) for fiscal year 2020-21 to pay invoices from Sonoma County. CITY O,^f' • ERT PARK ATTEST: Gera d Giudi = ayor Lr Sylvia Lopez Cuevas, City Clerk Attachments: Exhibit A ADAMS: Rtie LINARES: atie STAFFORD: Alit- ELWARD: �LiQ GIUDICE: A1.�4.- AYES: ( 5 ) NOES: ( (� ) ABSENT: ( pf ) ABSTAIN: ( 0 ) d Resolution 2021-037 2 Resolution Exhibit A 1 AGREEMENT FOR ROUTINE MAINTENANCE AND ENERGY COST SHARING FOR CERTAIN TRAFFIC SIGNALS This Agreement is made and entered into by and between the County of Sonoma, a political subdivision of the State of California, (hereinafter “COUNTY”), and the City of Rohnert Park, a municipal corporation (hereinafter “CITY”). RECITALS WHEREAS, there are a number of street intersections with existing or planned signals situated at or near COUNTY’S boundaries with CITY, which signals and intersections are or will be, in whole or in part, under CITY jurisdiction and control; and WHEREAS, Government Code Section 54980 et seq. provides that the legislative body of any local agency may contract with another local agency for the performance of municipal services; and WHEREAS, the parties desire to share the cost of maintenance of signals at certain intersections in accordance with the terms of this Agreement. NOW, THEREFORE, for valuable consideration, the sufficiency and receipt of which is acknowledged, the parties agree as follows: AGREEMENT 1. The recitals stated above are true and correct and are hereby incorporated into this Agreement. 2. The routine maintenance services for the traffic control signals at the intersections listed in Exhibit “A” shall consist of the following: a. As to each signal, COUNTY shall once every month visually inspect the controller to see that the controller is operative and functioning as shown by its internal and external indicator lights. At the same time, COUNTY shall also routinely clean the controller cabinet and equipment of debris, and COUNTY shall ascertain that the controller is operating and functioning properly. COUNTY shall replace or repair all parts found to be deficient during its monthly inspection. b. COUNTY shall replace all lamps in all signals, based on an annual depletion (life expectancy) schedule, and shall use as replacement standard traffic lamps such as are manufactured by General Electric Company, the Sylvania Corporation, or any other lamp approved by the IMSA (International Municipal Signal Association) or of equivalent quality. Resolution Exhibit A 2 c. COUNTY shall clean each signal’s lens and reflector once a year. 3. In addition to the routine maintenance services listed in Paragraph 2 above, COUNTY shall provide non-scheduled and/or emergency service, as needed, for repair of the traffic signals and signal controllers listed in Exhibit "A". CITY shall be solely responsible for notifying COUNTY of the need for such services. Said notification shall be made by an authorized representative of CITY telephoning COUNTY’S Public Works Department at 707-565-2231 during regular COUNTY working hours or COUNTY’S emergency, after hours yard attendant at 707-565-5100, or 911 at all other times. Authorized representatives of CITY shall be limited to: Assistant/ Associate Engineer; Public Works Inspector; and Traffic Engineer. Changes in CITY authorized representatives shall be in writing to COUNTY Director of Transportation and Public Works. COUNTY shall respond to said emergency calls in the same manner as it responds to emergency calls regarding COUNTY-owned traffic signals and signal controllers. COUNTY shall be responsible for all aspects of traffic engineering for the traffic control signals, signal controllers, and intersections listed and shown in Exhibit "A". Traffic engineering includes, but is not limited to, installation, design, geometrics, signalization, traffic control, phasing and timing of said controls, striping, speed limits, markings, and dividers. 4. a. For and in consideration of COUNTY providing the routine maintenance services set forth in Paragraph 2, and for COUNTY’S payment of the energy costs associated with the traffic control signals, CITY shall, on a monthly basis, reimburse COUNTY for costs incurred by COUNTY based on the percentages set forth in Exhibit “A”. Initial estimates for these costs for each signal are set forth in Exhibit “A”. b. In addition to the above payment for routine maintenance and energy costs, CITY shall reimburse COUNTY for non-scheduled and/or emergency service as specified in Paragraph 3 based on the percentages set forth on Exhibit “A”. Services include the replacement of any signals or parts thereof which are required to be replaced or repaired due to obsolescence or damage to the signals or signal controllers. c. For all services rendered by COUNTY, actual costs shall be based on the prevailing fully-loaded standard rates for the job classifications COUNTY uses to perform such services, including transportation and materials expenditures. The cost of materials shall be limited to the amount actually paid for such materials by COUNTY. 5. The percentages of responsibility as to each covered signal as of the execution of this Agreement are set forth on Exhibit “A”. These percentages of responsibility are determined on the basis of the number of legs of an intersection lying within the jurisdiction of each party. A "leg" is a roadway approach which carries traffic to and from an intersection. If an annexation occurs that causes a change in the percent of CITY responsibility as shown in Resolution Exhibit A 3 Exhibit "A," COUNTY shall automatically reflect and note said change in the next billing to CITY. Said change shall become effective on the first of the new month following annexation. 6. Bills for service, maintenance, electrical costs, and any additional labor or material costs or charges shall be rendered to CITY by COUNTY monthly and be paid by CITY within 30 calendar days of the billing date. 7. Except for manufacturers' warranties which COUNTY will endeavor to enforce on CITY’S behalf, COUNTY disclaims all warranties with respect to any materials used or supplied hereunder, and COUNTY further disclaims any and all liability for failure to perform, or for any delay in performance hereunder where such failure is due, in whole or in part, to any cause beyond COUNTY’S reasonable control, including, but not limited to, fire, flood, earthquake, lightning, strike or other labor difficulty, or a labor shortage. CITY acknowledges and accepts COUNTY’S disclaimers. In addition, COUNTY does not guarantee or warrant that the signal lights subject to this Agreement shall be error-free, uninterrupted, or otherwise meet any CITY requirements not expressly stated herein. 8. If COUNTY should neglect to carry out any of the routine maintenance and service specified in Paragraphs 2.a.- 2.c., CITY, after three days' written notice to COUNTY, may without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from any payment then due or which thereafter may become due to COUNTY. 9. COUNTY’S relationship to CITY under this Agreement is that of an independent contractor. COUNTY is not an employee of CITY and neither COUNTY nor any of its employees or other persons COUNTY may obtain to perform services under this Agreement shall be entitled to any benefits provided by CITY to CITY employees, including, but not limited to, salary, vacation, insurance, sick leave, and retirement plans. COUNTY in performing services under this Agreement shall have control of the work and the manner in which it is performed. 10. CITY may request timing changes to traffic signal in writing to COUNTY, and COUNTY shall have 30 days to consider request and respond. If approved, CITY shall split costs as indicated in Exhibit A to implementing timing changes. 11. All notices, bills, and payments or other writings required or permitted to be served or delivered by one party to the other party under the provisions of this Agreement may be given, delivered, or served by personal delivery on the following, or by placing the notice, bill, payment or other writing in an envelope with first class postage fully paid thereon, addressed to the following: To the COUNTY: County of Sonoma Public Works Department Administration Building Attn: Traffic Signal Section 2300 County Center Dr., Suite B100 Santa Rosa CA 95403 Resolution Exhibit A 4 To the CITY: City of Rohnert Park 130 Avram Ave Rohnert Park, CA 94928 12. The term of this Agreement shall be for four years ending on the ______________. Each party, however, shall have the right to terminate this Agreement prior thereto, by giving sixty (60) calendar days prior written notice of such termination to the other party. 13. This Agreement constitutes the entire understanding between CITY and COUNTY relative to the subject matter of the Agreement and no modification hereof shall be effective unless and until such modification is evidenced by further writing signed by both parties of this Agreement. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed. BY COUNTY this __________ day of _______________________, 2020. BY CITY this __________ day of _______________________, 2020. CITY OF ROHNERT PARK A Municipal Corporation COUNTY OF SONOMA A Political Subdivision of the State of California By: __________________________________ City Manager, City of Rohnert Park By: __________________________________ Chairperson, Board of Supervisors ATTEST: ATTEST: ______________________________________ City Clerk ______________________________________ Clerk of the Board of Supervisors APPROVED AS TO FORM APPROVED AS TO FORM ______________________________________ City Attorney ______________________________________ County Counsel ______________________________________ Date Resolution Exhibit A EXHIBIT "A" SIGNALIZED INTERSECTIONS COUNTY SHARE OF RESPONSIBILITY AND SCHEDULE OF AMOUNTS TO BE PAID TO COUNTY BY CITY A. PERCENT OF RESPONSIBILITY Location Stony Point Rd @ Wilfred Ave Petaluma Hill Rd @ Rohnert Park Exp. Petaluma Hill Rd @ Valley House Dr Petaluma Hill Rd @ Keiser Rd Petaluma Hill Rd @ Laurel Drive Percent of City Responsibility 25% 33.3% 33.3% 33.3% 33.3% Projected City Monthly Cost $84.00 $115.00 $115.00 $115.00* $115.00* The projected monthly costs do not include non-scheduled or emergency services or repairs. The projected monthly costs are subject to change based on actual costs incurred by County. The percentages are also subject to change as provided for in this Agreement due to annexations by the CITY. *Signal not yet constructed. This Agreement shall not be construed as imposing any obligation on COUNTY for initial construction costs. CITY shall not be obligated to pay monthly cost until traffic signal is constructed and a Notice of Completion has been submitted for recordation. B. LATE PAYMENTS Late payments of balances due COUNTY past One Hundred Eighty (180) days accrue interest at the rate of 1.5% per month.