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HomeMy WebLinkAboutRES 287 Draft 03 1988-1992 COUNTY OF HAWA~, °:', STATE OF HAWAII RESOLUTION No. 2~~,` 91 DRAFT RESOLUTION AUTHORIZING THE COUNTY OF HAWAII TO ENTER INTO A JOINT AGREEMENT WITH THE STATE OF HAWAII TO PROVIDE MAINTENANCE OF TRAFFIC CONTROL SIGNALS ON STATE HIGHWAYS ON THE ISLAND OF HAWAII BY EMPLOYEES OF THE COUNTY OF HAWAII. WHEREAS, it is the intent of the County and the State to work cooperatively to improve traffic conditions on the Island of Hawaii; and WHEREAS, the State of Hawaii, pursuant to the authority vested in the Director of Transportation under Sections 264-31 and 264-44, Hawaii Revised Statutes, is willing to delegate maintenance of the State's traffic signal lights on the Island of Hawaii to the County; and WHEREAS, the County of Hawaii is willing to accept the delegation of said maintenance and control; and WHEREAS, the County of Hawaii intends to enter into a joint agreement with the State of Hawaii to perform such maintenance functions, as evidenced by a copy of the proposed agreement, marked Exhibit A, attached hereto and made a part hereof; and WHEREAS, pursuant to Section 264-44, Hawaii Revised Statutes, as amended, such maintenance functions on State highways may be performed by the County of Hawaii by contract, upon authorization of the County Council; WHEREAS, in the event claims or lawsuits are filed against the County as a result of the operational control and maintenance of State traffic signals by the County, the State shall be legally responsible for all claims or lawsuits against the County and shall defend and hold the County free and harmless from any and all liabilities, except liability resulting from the gross negligence and intentional torts of any County employee. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that the Mayor of the County of Hawaii is hereby authorized to execute a joint agreement with the State of Hawaii for the maintenance of traffic control signals in the State highway system on the Island of Hawaii. BE IT FURTHER RESOLVED that the Clerk of the County of Hawaii transmit copies of this resolution to the Honorable Lorraine R. Inouye, Mayor, County of Hawaii; Chief Engineer Bruce C. McClure; Mr. Edward Hirata, Director, Department of Transportation; Mr. Hugh Ono, Hawaii District Engineer, Highways Division, Department of Tranportation; and Warren Price, III, Attorney General, State of Hawaii. Dated at Hilo, Hawaii, this 6th day of March 1991. INTRODUCE BY: ~'4 4 COUN IL MEMBER, C TY OF HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on March 6 . 19 91 ATTEST: L C K AIRMAN & PRESID NG OFFICER ROLL CALL VOTE AYES NOES ABS EX ARAKAKI X DE LIMA DOMINGO X HALE KOKUBUN X LAI MAKUAKANE X RUDDLE X SCHUTTE X Reference RESOLUTION NO. .`c8': ~1 RAFT 31 RUSSELL 5. KOKUBUN Chairman Az Presiding Officer MERLE K. LA[ Vii e-Chairwoman COUN'T'Y COU'~CI>, County of Hauraii Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 March 14, 1991 Mr. Warren Price, III Department of the Attorney General State Capitol Honolulu, Hawaii 96813 Enclosed is a copy of Resolution No. 287-91 which was adopted by the Council of the County of Hawaii on March 6, 1991. ~~ /j,/~~/. /~: Robert S. Shioji DEPUTY COUNTY CLERK JA:b11{G t-ARf. F~li.l BR[A.A L UE I_lA;.q TARASHI IX~'vI I:~CO H F.LENE H- i TALE ROBERT H, \{AhCAF:1\I~. UARRY S. RLDDLE SrE>:~ ER ~: _~: i~~rrE Encl. COUNTY OF HAWA~~ .:: STATE OF HAWAII RESOLUTION No. ~~`~ 91 (DRAFT 2) RESOLUTION AUTHORIZING THE COUNTY OF HAWAII TO ENTER INTO A JOINT AGREEMENT WITH THE STATE OF HAWAII TO PROVIDE MAINTENANCE OF TRAFFIC CONTROL SIGNALS ON STATE HIGHWAYS ON THE ISLAND OF HAWAII BY EMPLOYEES OF THE COUNTY OF HAWAII. WHEREAS, it is the intent of the County and the State to work cooperatively to improve traffic conditions on the Island of Hawaii; and WHEREAS, the State of Hawaii, pursuant to the authority vested in the Director of Transportation under Sections 264-31 and 264-44, Hawaii Revised Statutes, is willing to delegate maintenance of the State's traffic signal lights on the Island of Hawaii to the County; and WHEREAS, the County of Hawaii is willing to accept the delegation of said maintenance and control; and WHEREAS, the County of Hawaii intends to enter into a joint agreement with the State of Hawaii to perform such maintenance functions, as evidenced by a copy of the proposed agreement, marked Exhibit A, attached hereto and made a part hereof; and WHEREAS, pursuant to Section 264-94, Hawaii Revised Statutes, as amended, such maintenance functions on State highways may be performed by the County of Hawaii by contract, upon authorization of the County Council; WHEREAS, in the event claims or lawsuits are filed against the County as a result of the operational control and maintenance of State traffic signals by the County, the State shall be legally responsible for all claims or lawsuits against the County and shall defend and hold the County free and harmless from any and all liabilities, except liability resulting from the gross negligence and intentional torts of any County employee. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that the Mayor of the County of Hawaii is hereby authorized to execute a joint agreement with the State of Hawaii for the maintenance of traffic control signals in the State highway system on the Island of Hawaii. Dated at Hilo, Hawaii, this 5th day of March 1991. COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on Ma rrrh 5 , l 99l ATTEST: COUNTY CLERK CHAIRMAN & PRESIDING OFFICER ROLL CALL VOTE AYES NOES ABS EX ARAKAKI X DE LIMA X DOMINGO X HALE X KOKUBUN X LAI X MAKUAKANE X RUDDLE X SCHUTTE Reference C-7zg~/PWC-13 7 RESOLUTION NO. "~~~~ Ji DRAFT INTRODUCED BY: Lorraine R. Inouye Mayor Bruce C. McClure Chiet Engineer JH~V Oi M1 i ~~''~ Laurence E. Capellas ~ Department of Public Works oeP~cy Chef Engineer •C``•q ~"-"~" ` °° 25 Aupuni Street, Room 202 Hilo, Hawaii 96720 (808) 961-8321 Fax (808) 969-7138 February 25, 1991 HONORABLE MERLE K LAI CHAIRPERSON PUBLIC WORKS COMMITTEE HAWAII COUNTY COUNCIL HILO HI 96720 SUBJECT: RESOLUTION FOR MAINTENANCE OF TRAFFIC CONTROL SIGNALS ON STATE HIGHWAYS, ISLAND OF HAWAII Enclosed please find the revised Resolution and maintenance agreement on the above-entitled matter. The resolution has been revised to reflect the changes you requested. ~- . C `,~_.s_ RUCE C. McCLURE, P.E. Chief Engineer Enclosure ,p~,,_ a~. ~ o,~/ ~' cc: Traffic Division coa~~c. ~o. ~ 33 ~; --. To: PWC ~_ ~1u.r~«Ct.fC. COUNTY OF HAWAt~..~. ~;'; STATE OF HAWAII RESOLUTION No, 28'~ ~1 RESOLUTION AUTHORIZING THE COUNTY OF HAWAII TO ENTER INTO A JOINT AGREEMENT WITH THE STATE OF HAWAII TO PROVIDE MAINTENANCE OF TRAFFIC CONTROL SIGNALS ON STATE HIGHWAYS ON THE ISLAND OF HAWAII BY EMPLOYEES OF THE COUNTY OF HAWAII. WHEREAS, it is the intent of the County and the State to work cooperatively to improve traffic conditions on the Island of Hawaii; and WHEREAS, the State of Hawaii, pursuant to the authority vested in the Director of Transportation under Sections 264-31 and 264-44, Hawaii Revised Statutes, is willing to delegate maintenance of the State's traffic signal lights on the Island of Hawaii to the County; and WHEREAS, the County of Hawaii is willing to accept the delegation of said maintenance and control; and WHEREAS, the County of Hawaii intends to enter into a joint agreement with the State of Hawaii to perform such maintenance functions, as evidenced by a copy of the proposed agreement, marked Exhibit A, attached hereto and made a part hereof; and WHEREAS, pursuant to Section 264-44, Hawaii Revised Statutes, as amended, such maintenance functions on State highways may be performed by the County of Hawaii by contract, upon authorization of the County Council; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that the Mayor of the County of Hawaii is hereby authorized to execute a joint agreement with the State of Hawaii for the maintenance of traffic control signals in the State highway system on the Island of Hawaii. Dated at Hilo, Hawaii, this day of 1991. INTRODUCED BY: COUNCIL/MEMBER, COUTF'PY\OF HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on ATTEST: COUNTY CLERK CHAIRMAN & PRESIDING OFFICER ROLL CALL VOTE AYES NOES ABS EX DOMINGO HALE KOKUBUN LAI MAKUAKANE RUDDLE SCHUTTE Reference C-2298/PWC RESOLUTION NO. ~~~~ it l ./ A G R E E M E N T THIS AGREEMENT, made this day of 19 _, by and between the COUNTY OF HAWAII, hereinafter called the "COUNTY," and the STATE OF HAWAII, by its Director of Transportation, hereinafter called the "STATE." W I T N E S~ S E T H T H A T WHEREAS, it is the intent of the County and the State to work cooperatively to improve traffic conditions on the Island of Hawaii; and WHEREAS, the State, pursuant to the authority vested in the Director of Transportation under Sections 264-31 and 264-44, HRS, as amended, is willing to delegate maintenance of the State's street lighting system on the Island of Hawaii to the County; and WHEREAS, the County is willing to accept the delegation of said maintenance control, as evidenced by Resolution No. , marked Exhibit A, attached hereto and made a part hereof: NOW, THEREFORE, in consideration of the covenants hereinafter contained and on the part of the County and the State to be observed and performed, the parties hereto agree as follows: EXHIBIT A 1. APPLICATION This agreement shall be limited to the operational control and maintenance of traffic signal systems on the State Highway System on the island of Hawaii, from the effective date of this Agreement delegated to the COUNTY as specified hereinafter. this Agreement does not pertain to the installation and maintenance of traffic signs, curb and pavement markers. The scope of work under this Agreement is as set forth in Schedule A attached hereto and made a part hereof. The COUNTY, upon notification from the STATE, the general public or any state, county or federal government agency that a traffic signal system covered by this Agreement is inoperative or damaged shall commence the necessary repair and maintenance of the traffic signal system. The COUNTY will provide necessary traffic controls during the repairs. The COUNTY will also provide surveillance activities to monitor the intersections for appropriate changes to signal timing, phasing and/or design. 2. DESIGN AND CONSTRUCTION The STATE has the full responsibility for designing and constructing the State Highway System and Federal-Aid Highways, including traffic signal systems and other traffic control facilities and devices on the State Highway System. The STATE shall bear all costs of such systems, facilities and devices. -2- The COUNTY and STATE will mutually exchange design information and data for the design of new traffic signal systems, control facilities and devices and the improvement of existing systems. The decision on the final design to be implemented, however, shall be by the STATE. All signal equipment shall be compatible with the County's traffic signal system hardware and software. 3. REPLACEMENT OR IMPROVEMENT OF OBSOLETE TRAFFI IGNAL SYSTEMS The STATE shall be responsible for all capital improvement costs associated with providing improvements to the traffic signal systems on the State Highway System on the island of Hawaii. 4. TRANSFER Upon completion of construction, replacement or improvement of a state traffic signal system, the STATE will arrange for a joint inspection of the system with the COUNTY. The system will be checked against the final design and all deficiencies will be noted and corrected by or at the expense of the STATE. The system will be complete, free of deficiencies, and operational prior to acceptance by the COUNTY. The STATE shall furnish the COUNTY the following plans prior to transfer of a State traffic signal system to the COUNTY for acceptance: -3- (1) Two sets of the complete "AS-Built" construction plans. (2) Two sets or wiring diagram and timing plans. The diagram shall be complete and include all wiring in the controller cabinet. (3) Any other applicable materials available. The STATE will turn over all spare traffic signal parts presently available at no cost to the COUNTY. 5. COMPLIANCE WITH LAWS AND STANDARDS The County shall, at all times, comply with and observe all applicable governmental laws, ordinances, orders, rules and regulations, state design standards and criteria pertaining to traffic signal controls and such national standards as may be designated by the STATE. In the event of conflict, the stricter requirement will govern, except as otherwise agreed to by the parties hereto. 6. OPERATION AND MAINTENANCE The COUNTY shall operate and maintain state traffic signal systems transferred to and accepted by the COUNTY. The operations and maintenance activities shall comply with the Manual of Uniform Traffic Control Devices, including emergency repair requirements. The STATE will be given the opportunity to comment on the methods, equipment and techniques used by the COUNTY in operating and maintaining the traffic signal systems; however, -4- the COUNTY shall have the final authority on the selection of the methods, equipment and techniques to be used, subject to the provisions of Article 7, below. 7. MODIFICATION Any physical modifications of the State's highway facilities by the STATE, including the relocation of traffic signal systems, islands, signal control boxes, shoulders, or any other related facilities, in the vicinity of existing signalized intersections shall be made only with the approval of the COUNTY, which approval shall not be unreasonably withheld. 8. EXPENDITURE AUTHORIZATION The STATE shall pay the COUNTY each fiscal year for the cost of operating and maintaining the traffic signal systems on the State Highway System in accordance with Schedule B for fiscal year 1990-1991 and Schedule B-1 for fiscal year 1991-1992, and as amended by mutual agreement thereafter for subsequent years. 9. PAYMENT Payment shall be made by the STATE to the COUNTY no later than September 30 of each fiscal year in accordance with Article 8 of this Agreement. All labor, materials and equipment necessary to provide the maintenance for the state's traffic signal systems shall be provided by the COUNTY at no additional cost to the STATE. The -5- COUNTY is not obligated to furnish materials that is of special design or whose specifications are unique to the state's traffic signal systems on the island of Hawaii. The STATE shall provide specifications and materials necessary to maintain federal-aid design standards. The STATE shall pay all costs for State owned traffic signal systems, with electrical power and telephone services, payment directly to the utilities concerned. 10. ACCOUNTING Fiscal accounting is not required by this Agreement, given the fixed cost method of billing. 11. CLAIMS AGAINST THE COUNTY In the event claims or lawsuits are filed against the COUNTY as a result of the operational control and maintenance of STATE traffic signals by the COUNTY, the STATE shall be legally responsible for all claims or lawsuits against the COUNTY and shall defend and hold the COUNTY free and harmless from any and all liabilities, except liability resulting from the gross negligence and intentional torts of any COUNTY employee. 12. REPORTING Reporting of damages to the STATE is not required by this Agreement. The COUNTY will repair all damages to the state's traffic signal systems and bill the appropriate party to recover damages. -6- 13. LIAISON OFFICER The District Engineer of the State Highways Division is designated as the liaison officer for the STATE to receive and follow up on complaints and problems pertinent to this Agreement. The COUNTY will submit the name of its liaison officer to the STATE upon execution of this Agreement. 14. TERM OF AGREEMENT The Agreement shall become effective upon execution and shall remain in full force and effect until terminated. The Agreement may be amended at any time upon mutual written consent of the parties. A six-month written notice shall be required to terminate this Agreement. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands on the day and year first above written. RECOMMEND APPROVAL: BRUCE C. McCLURE, P.E. Chief Engineer APPROVED AS TO FORM AND LEGALITY: COUNTY OF HAWAII By LORRAINE R. INOUYE Mayor, County of Hawaii STATE OF HAWAII By Corporation Counsel Deputy Attorney General Date Its Director of Transporation -~- STATE OF HAWAII ) SS: COUNTY OF HAWAII ) On this day of 19 before me personally appeared LORRAINE R. INOUYE, to me personally known, who, being by me duly sworn, did say that she is the Mayor of the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is the corporate seal of the said County of Hawaii; that the foregoing instrument was signed and sealed in behalf of the County of Hawaii by authority given to said Mayor of the County of Hawaii by Section 5-1.4(g) of the County Charter, County of Hawaii (1980), as amended; and said LORRAINE R. INOUYE acknowledged said instrument to be the free act and deed of said County. Notary Public, State of Hawa My commission expires: STATE OF HAWAII ) SS: COUNTY OF HAWAII ) On this day of appeared 19 before me to me known to be the person described in and who executed the foregoing instrument in behalf of the STATE OF HAWAII, DEPARTMENT OF TRANSPORTATION, and acknowledged that he executed the same as its authorized representative and said acknowledged said instrument to be the free act and deed of said agency. Notary Public, State of Hawaii My commission expires: -8- SCOPE OF WORK 1. The COUNTY shall perform all the services required for the PROGRAM as follows: A. Routine preventative maintenance at intervals not to exceed six months for all traffic signal controllers. An initial inspection and routine maintenance will be conducted immediately upon acceptance of this contract. B. Emergency repairs to traffic signals. C. Standby personnel for emergency traffic signal repairs that occur after normal working hours. D. Installation and removal of temporary stop controls in the event of the County's inability to repair the signal on a timely basis. E. Group replacement of signal lamps at an interval not to exceed eighteen (18) months. F. Provide all materials for the above, except those unique to the standards of the State Highways Division. G. Coordinate with the representative of the STATE for assistance with large scale emergencies and such as storms and power failures. H. Assist with the inspection of new traffic signal installations. I. Assist with the turn-on of all new traffic signals by providing technical assistance, specialized tools and equipment to the factory representative and contractor. Schedule A 2. The State shall be responsible for the following: A. Installation and removal of temporary stop controls at STATE traffic signals in the event of massive power failures or other types of large scale emergencies. B. Provide all materials unique to the specifications of the State on the island of Hawaii. Schedule A Estimated Cost to Operate Traffic Signals/Yr. Given: County has 32 signals (13k), State has 12 signals (27%) Staffing remains the same Fixed Costs: Those costs that will remain the same regardless of the total nwnber of signals maintained. Salary Range Salary % Time Cost/Month SR 24 (3,000.00 50% 51,500.00 SR 15 (1,821.00 35% 5637.35 SR 13 $1,751.00 10% 5175.10 F1-12 52,564.00 60% f1, 538.40 NB 12 52,173.00 35% 5160.55 NB 12 52,173.00 35% 5160.55 NB 12 52,173.00 ....__a= 35% 5760.55 ................ Sub-Total .......... .e~.....~.z f6,132.50 Fringe Benefits 0.5821 53,569.73 Base Pay Cost (9,102.23 Standby Cost _........__°___.....___ e $650.00 Total Cost/Month-LABOR ..~_=t ... ........... .......... (10,352.23 Total Cost/Year-LA80R 5124,226.74 Est. Cost/Year-VEHICLES 510,000.00 Equip. Repair 56,000.00 Test Equip. (3,000.00 Total Fixed Costs/Year 5143,226.74 State Share (21%) 538,611.22 Variable Costs: Those costs that will increase if the number of signals maintained increases. Overtime $4,000.00 Materials 590,000.00 Est. Cost/Year-Fuel 53,500.00 Total Present Variable Costs/Year 597,500.00 Projected Increase (37%) $36,015.00 Projected Total Variable Costs/Year $133,515.00 State Share (21%) $36,065.25 Total Projected State Cost per Year $74,736.47 State Cost for FY '91 Say ..................... $70,000.00 Schedule B Estimated Cost to Operate Traffic Signals/Yr. Given: County has 32 signals (73k), State has 12 signals (27%) Staffing is increased Fixed Costs: Those costs that will remain the same regardless of the total number of signals maintained. Salary Range Salary k Time Cost/Month SR 24 53,000.00 SOk f1, 500.00 SR 19 f2, 000.00 95k 51,900.00 SR 15 51,821.00 35k 5637.35 SR 13 51,151.00 lOk 5115.10 F1-12 E2, 564.00 60k 51,538.40 NB-15 (2,500.00 95k 52,375.00 WB 12 52,173.00 35k 5160.55 NB 12 52,173.00 35k 5760.55 NB 12 52,173.00 35% 5760.55 a ....................... Sub-Total ...°.... ........__•_ 510,407.50 Fringe Benefits 0.5821 56,058.21 Base Pay Cost 516,465.71 Standby Cost 5650.00 Total Cost/Month-LABOR 511,115.11 Total Cost/Year-LABOR 5205,388.47 Est. Cost/Year-VEHICLES 510,000.00 Equip. Repair 56,000.00 Test Equip. 53,000.00 Total Fixed Costs/Year 5224,388.47 State Share (21%) 560,584.89 Variable Costs: Those costs that will increase if the number of signals maintained increases. Overtime 54,000. 00 Materials 590,000. 00 Est. Cost/Year-Fuel 53,500. 00 Total Present Variable Costs/Year 591,500. 00 Projected Increase (37%) - 536,075. 00 Projected Total Variable Costs/Year $133,575. 00 State Share (27%) 536,065.25 Total Projected State Cost per Year $96,650.14 State Cost for Fiscal '92 Say ................. .... $95,000.00 Schedule B-1 Lorraine R Inouye Mayor Brute C. McClure -- 1Y ai ~~ Chief Engineer H 4 ~''~ '-.~ Laurence E. Capellas Department of Public Works Deputy Chief Engineer 'iL:' - 25 Aupuni Sheet, Room 202 • Hilo, Hawaii 96720 • 18081961-8321 • Fax 18081969-7138 .„'woo January 30, 1991 HONORABLE RUSSELL S KOKUBUN CHAIRMAN AND MEMBERS OF THE HAWAII COUNTY COUNCIL HAWAII COUNTY BUILDING HI LO HI 96720 SUBJECT: RESOLUTION -TRAFFIC SIGNAL MAINTENANCE Attached for your action is a resolution authorizing the County of Hawaii to enter into a maintenance agreement with the State of Hawaii for maintenance of the State's traffic signal system on the Island of Hawaii. The State's traffic signal system is comprised of 14 signalized intersections or 30 percent of the total number of signalized intersections on this island. The State will pay the County for all costs involved with maintaining the traffic signals on its system. Also attached for your information is a copy of the maintenance agreement that will be executed upon adoption of this resolution. Your attention to this matter will be sincerely appreciated. ~~. G . RU CE C. McCLURE, Chief Engineer RN:ctc ~~G~- P.E. Attachments - P? : ~ ` 7 cc: TRF APPROVED: Mayor ~o,~. No._-_-- aa.98 , To: PWC