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PW Project Specific Maintenance Agreement; Lucas Valley Rd04-MRN-101-PM14.7 City of San Rafael Lucas Valley Road Interchange PROJECT SPECIFIC MAINTENANCE AGREEMENT WITH CITY OF SAN RAFAEL THIS AGREEMENT is made effective this J" v.A day of r,-? 20JO, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and the City of San Rafael; hereinafter referred to as "CITY" and collectively referred to as "PARTIES". SECTION I RECITALS 1. CITY intends to construct operational improvements to Lucas Valley Road and Los Gamos Drive within the right of way limits of State Route (SR) 101, hereinafter referred to as "PROJECT", and 2. The CITY annexed Lucas Valley Rd/Smith Ranch Rd between Redwood Dr and Los Gamos Drive in 1972, which is located within STATE right of way, and 3. The PARTIES hereto mutually desire to identify the maintenance responsibilities for PROJECT improvements constructed under Encroachment Permit Numbers and , and within the segment of Lucas Valley Rd/Smith Ranch Rd between Redwood Dr and Los Gamos Drive, located within STATE right of way. NOW THEREFORE, IT IS AGREED AS FOLLOWS: SECTION II AGREEMENT 1. In consideration of the mutual covenants and promises herein contained, CITY and STATE agree as follows: l .l . The degree or extent of maintenance work to be performed, and the standards therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual. I q -1 04 -MRN -101 -PM 14.7 City of San Rafael Lucas Valley Road Interchange 1.2. Exhibit A consists of plan drawings that delineate the areas within STATE right of way which are the responsibility of the CITY to maintain in accordance with this Maintenance Agreement. 1.3. When a change to this agreement is necessary, PARTIES can revise the Exhibit A by a mutual written -execution of the exhibit. 2. CITY must obtain the necessary Encroachment Permits from STATE's District 4 Encroachment Permit Office prior to entering STATE right of way to perform CITY maintenance responsibilities. This permit will be issued at no cost to CITY. 3. LUCAS VALLEY ROAD UNDERCROSSING (Bridge Number 27-0059) 3.1. STATE will maintain the entire structure proper of all STATE -constructed vehicular and pedestrian undercrossings of STATE freeways except as hereinafter provided. 3.2. CITY will maintain the roadway sections, including the traveled way, shoulders, curbs, sidewalks, wall surfaces (including eliminating graffiti), drainage inlets/basins, lighting installations (including street lighting and lighting fixtures mounted to the underside of the STATE - constructed vehicular undercrossing noted above in Article 3.1) and traffic service facilities that may be required for the benefit or control of traffic using that undercrossing. 3.3. CITY will request STATE's District Encroachment Permit Engineer to issue the necessary Encroachment Permit for any proposed change in minimum vertical clearances between CITY roadway surface and the structure that results from modifications to the roadway (except when said modifications are made by STATE). If the planned modifications will result in a reduction in the minimum clearance within the traveled way, an estimate of the clearance reduction must be provided to STATE's Transportation Permit Engineer prior to starting work. Upon completion of that work, a vertical clearance diagram will be furnished to STATE's Transportation Permit Engineer that shows revised minimum clearances for all affected movements of traffic, both at the edges of the traveled way and at points of minimum clearance within the traveled way. 4. WALLS AND COLUMNS - CITY is responsible for debris removal, cleaning and painting to keep CITY 's side of any sound wall structure free of debris, dirt, and graffiti. 04 -MRN -101 -PM 14.7 City of San Rafael Lucas Valley Road Interchange 5. LANDSCAPED AREAS - CITY is responsible for the maintenance of any plantings or other types of roadside development lying outside of the fenced area restricting walk-on access to the freeway. 6. LOCAL ROADS: LUCAS VALLEY ROAD, LOS GAMOS DRIVE AND SMITH RANCH ROAD - CITY, at CITY's expense, will be responsible for maintaining the portion of local roads located within STATE right of way, including, but not limited to: structural adequacy, pavement treatments in and near crosswalks, all pavement markings, all signs, guardrails, sidewalks, curbs, gutters, curb ramps, city street lights, crosswalks and drainage facilities as describe in Exhibit A. 7. INTERCHANGE OPERATION - It is STATE's responsibility to provide efficient operation of freeway interchanges, including ramp- connections to local streets and roads 8. BICYCLE LANES — CITY will maintain, at CITY's expense, a safe facility for bicycle travel along the entire length of the bicycle path and lane, and cycle tracks, by providing sweeping and debris removal when necessary; and CITY will maintain, at CITY's expense, all signing and striping and pavement markings required for the direction and operation of the non - motorized facility. If installed or constructed as permitted encroachments within STATE's right of way, CITY is solely responsible for all permitted improvements, including but not limited to the delineation, fencing, guard railing, drainage facilities, slope, and structural adequacy. 9. LEGAL RELATIONS AND RESPONSIBILITIES 9.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law. 9.2. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by, under or in connection with any work, author'ty orjurisdiction conferred upon STATE under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of their officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by 04-MRN-101-PM14.7 City of San Rafael Lucas Valley Road Interchange reason of anything done or omitted to be done by STATE under this Agreement. 9.3. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY under this Agreement. It is understood and agreed that CITY•shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including section but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. 10. PREVAILING WAGES: 10.1. Labor Code Compliance- If the work performed under this Agreement is done under contract and falls within the Labor Code section 1720(a) (1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771,CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public works. Work performed by CITY's own forces is exempt from the Labor Code's Prevailing Wage requirements. 10.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts for work performed under this Agreement when the work to be performed by the subcontractor is a "public work" as defined in Labor Code Section 1720(a) (1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts 11.SELF-INSURED -- CITY is self-insured. CITY agrees to deliver evidence of self- insured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement. 4 04-MRN-101-PM14.7 City of San Rafael Lucas Valley Road Interchange 11.1. SELF-INSURED using Contractor - If the work performed under this Agreement is done under contract CITY shall require its contractors to maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement. 12.TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES, and CITY's failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE. 13.TERM OF AGREEMENT - This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause. 14.This AGREEMENT is intended to supersede or replace any other existing maintenance agreement terms held between STATE and CITY in the same area shown in EXHIBIT A. AGREEMENT covers the provisions written into it and no other maintenance agreements held between STATE and CITY are terminated because of the execution of this AGREEMENT. PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement. 5 04 -MRN -101 -PM 14.7 City of San Rafael Lucas Valley Road Interchange IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written. THE CITY OF SAN RAFAEL By: GARY O. HILLIPS, Mayor Initiated and Approved By: �,G�,c.--.� 1 JIM SCHUTZ, City Manager ATTEST: By: ,w `� LINDSAY LARA, City Clerk By: L ROBERT F. EPSTEIN, Lity Attorney STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION TOKS OMISHAKIN Director of Transportation 1 DAVID AMBUEHL l 'Deputy District Director Maintenance District a O W w W �-t z Qo U, w a` g i00 a"s O< LL �..�Da:W I� I �o �WZ u�0 0 O O [..� ��U o z D m o W � r_` Z J P4 oQ Z o W �q U Z5 bb ao Mr Q d a 1� d H U�--� WWF �1 m o w U3rn w o< �� o qo = ECD F— U Q ao soma Sol F `-� Z W A N 1� 2 �g G d O 8 �u 5 O C � O � g p6NL /? NORTH HEOVIOOD OR"' �q+' W, SSPP/ / i SS PS Ug �p�-N SZ ASE pItI / i Q 0 W W I Q N � 0 zUz rW a 0 v Q LL r za0) -dl•x ;y Ccm za�oW¢ W0 -4z LW m H � It � m Z p6NL /? NORTH HEOVIOOD OR"' �q+' W, SSPP/ / i SS PS Ug �p�-N SZ ASE pItI / i Wdgy:V r 610E '4I ^^H ;Old Q 0 W W I Q N � 0 zUz rW a 0 v Q LL r za0) V) o -Wi b= Ccm za�oW¢ W0 -4z LW m H � It � m Z I< m LL to o W J }�} Q L. 00 n N ll U._ Z U m O J Wdgy:V r 610E '4I ^^H ;Old RESOLUTION NO. 14740 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROJECT SPECIFIC MAINTENANCE AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR MAINTENANCE OF PORTIONS OF LUCAS VALLEY ROAD AND SMITH RANCH ROAD WITHIN STATE RIGHT-OF-WAY WHEREAS, Caltrans as the State Department of Transportation generally does not maintain local city streets within State right-of-way; and WHEREAS, portions of local streets Lucas Valley Road and Smith Ranch Road within State right-of-way will be improved with new roadway features requiring maintenance; and WHEREAS, Kaiser Permanente proposes to convert the existing general office building at 1650 Los Gamos Drive to a Medical Office Building requiring the installation of roadway features, including curbs, gutters, sidewalks, asphalt pavement, and striping, some of which will be located within State right-of-way; and WHEREAS, the City of San Rafael proposes to resurface Lucas Valley and Smith Ranch Roads with new asphalt, curb ramps and other improvements; and WHEREAS, Caltrans is requiring the City to maintain those roadway infrastructure elements as more fully described in the proposed Project Specific Maintenance Agreement attached to the Staff Report to the City Council for this matter; and WHEREAS, City and State agree that the City will perform maintenance as described in the Project Specific Maintenance Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1. The Council hereby approves and authorizes the City Manager to execute the Project Specific Maintenance Agreement with the State of Califomia Department of Transportation for maintenance of portions of Lucas Valley Road and Smith Ranch Road within State right-of-way, subject to final approval as to form by the City Attorney. Page 1 of 2 2. The Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, LINDSAY 'LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 181' day of November 2019, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None LINDSAY LARA, City Clerk Page 2 of 2 STATE OF CALIFORNIA ) COUNTY OF MARIN ) CERTIFICATION OF RECORD OF PROCEEDINGS I, Lindsay Lara, City Clerk for the City of San Rafael, do hereby certify that the attached document is a true and correct copy of the document contained in the records of the City of San Rafael pertaining to Resolution 14740. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of San Rafael this 21 st day of November 2019. Lindsay Lara, City Clerk ,P� RAF,q� 4. C.,, 2 ;. y0 C�rYtbITH P�`y District 4 Attention: Waddah Al-Zireeni, Maintenance Agreements Unit, MS -4A 111 Grand Avenue P.O. Box 23660 Oakland, CA 94623-0660 Office of the City Attorney Robert F. Epstein, City Attorney Lisa A Goldfien, Assistant City Attorney Phone (415) 485-3080 Fax: (415) 485-3109 Email city.attomey@cityofsanrafael.org November 22, 2019 Re: Project Specific Maintenance Agreement — City of San Rafael Lucas Valley Road and Los Gamos Drive Dear Mr. Al-Ziieeni: The City of San Rafael, as permitted under State law, is self-insured for general liability, including automobile liability, for the first $500,000. Accordingly, the City does not have a commercially issued general liability insurance policy. Additional insurance for the coverage required by the above -referenced agreement is provided by a public entity excess liability pool in which the City participates. The pool, the California Joint Powers Risk Management Authority (CJPRMA), provides the City's coverage in excess of $500,000 under a Memorandum of Coverage, which may be reviewed at the following link: https:Hmain cipnna org/wp- content/uploads/2019-2020-MOC pdf. A copy of San Rafael's Declaration of Coverage is enclosed. Enclosed is a copy of the Certificate of Coverage showing the State of California, its officers, agents and employees as the additional insured. The City is also self-insured for casualty losses up to $250,000, and has procured and maintains excess property insurance coverage. The CJPRMA 2019-2020 Property Memorandum of Coverage may be reviewed at the following links: htts://main.c rma.or w-contentlu loads/APIP-Binder-of-Insurance-2019-2020. df and https://main.cipnna.org/wp-content/uploads/LLOYDS-Binder-of-Insurance 2019 2020 pdf. Please call me at 415-485-3080 should you have any questions regarding insurance. Very truly yours, LISA A. GOLDFIEN Assistant City Attorney Enclosures cc: Bill Guerin, Public Works Director Hunter Young, Assistant Public Works Director CITY OF SAN RAFAEL 1 00CALIFORNIA., 1 CITYOFSANRAFAELORG Gary O. Phillips, Mayor • Andrew Cuyugan McCullough, Vice Mayor • Manbeth Bushey, Councilmember • Kate Colin, Councilmember • John Gamblin, Councilmember �k CALIFORNIA JOINT POWERS RISK MANAGEMENT AUTHORITY DECLARATION OF COVERAGE ENTITY: City of San Rafael ADDRESS: 1400 Fifth Avenue San Rafael, CA 94915-1560 COVERAGE PERIOD: July 1, 2019 to June 30, 2020 LIMIT OF COVERAGE: $40,000,000, subject to a retained limit of $500,000, ultimate net loss for each occurrence as defined in the Memorandum of Coverage Sublimits: (1) For Employment Practices Liability, the limit of coverage is $5,000,000 in Pool C and $5,000,000 in Pool D subject to a $5,000,000 annual aggregate collectively in Pool D only, for all covered parties; (2) For Subsidence, the limit of coverage is $5,000,000; (3) For Fungal Pathogens, the limit of coverage is $5,000,000 in Pool C and $5,000,000 in Pool D subject to a $5,000,000 annual aggregate collectively in Pool D only, for all covered parties; (4) For Sexual Abuse arising out of Day Care Operations, the limit of coverage is $5,000,000 in Pool C and $5,000,000 in Pool D subject to a $5,000,000 annual aggregate collectively in Pool D only, for all covered parties; (5) For Terrorism, the limit of coverage is $5,000,000 in Pool C and $5,000,000 in Pool D subject to a $5,000,000 annual aggregate collectively in Pool D only, for all covered parties; (6) For Airports, the limit of coverage for Public Officials Errors and Omissions is $5,000,000 under exclusion #2; (7) For exceptions to the Pollution exclusion #27, the limit of coverage is $5,000,000; (8) For Property of a Covered Party, the limit of coverage is $5,000,000 in Pool C and $5,000,000 in Pool D subject to a $5,000,000 annual aggregate collectively in Pool D only, for all covered parties; under exclusion #28. Tony Giles General Manager July 1, 2019 Date 3201 Doolan Road, Suite 285 • Livermore, CA 94551 • (925) 837-0667 • FAX (925) 290-1543 CALIFORNIA JOINT POWERS RISK MANAGEMENT AUTHORITY Accredited aitb Excellence from the California Association of Joint Powers Authorities CERTIFICATE OF COVERAGE Certificate Holder and Additional Covered Party: State of California, its officers, agents and employees, ATTN: Waddah AI-Zireeni, Maintenance Agreements Unit, MS -4A District 4, 111 Grand Avenue P.O. Box 23660 Oakland, CA 94623-0660 This certifies that the coverage Described herein has been issued to: City of San Rafael Description of Activity: City of San Rafael construction of operational improvements to Lucas Valley Road and Los Gamos Drive within the right of way limits of State Route 101. (Project Specific maintenance Agreement). Date(s) of Activity: 11-01-2019 to 11-01-2030 Location of Activity: Lucas Valley Road and Los Gamos Drive San Rafael, CA 94903 Entity Providing Coverage Excess Coverage Certificate Expiration Date California Joint Powers Risk Management Authority $ 500,000 June 30, 2020 excess of $ 500,000 The following coverage is in effect and is provided through participation in a risk sharing joint powers authority: general liability and automobile liability pooled self-insurance, as defined in the Memorandum of Coverage on file with the entity and which will be made available upon request. The coverage being provided is limited to the activity and the time period indicated herein and is subject to all the terms, conditions and exclusions of the Memorandum of Coverage of the California Joint Powers Risk Management Authority. Pursuant to Section II, subsection 8, relating to the definition of a covered party, the certificate holder named herein is only an additional covered party for covered claims arising out of the activity described herein and is subject to the limits stated herein. Coverage is in effect at this time and will not be cancelled, limited or allowed to expire at a date other than that indicated herein except upon 30 days written notice to the certificate holder. 11/22/2019 Date Authorized Signature Certificate Number: FORM140879 Form C _Tony Giles. CPCU, ARM -P, General Manager Name and Title (Print or type) 3201 Doolan Road, Suite 285 * Livermore, CA 94551 • Phone (925) 837-0667 • FAX (925) 290-1543 �P,� RAP yo WITH A CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Hunter Young Extension: 3408 Contractor Name: State of California Contractor's Contact: Edward Li (Caltrans) Contact's Email: edward.c.li@dot.ca.gov ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to 0 HY enter a date. b. Email contract (in Word) and attachments to City Attorney c/o Laraine.Gittens@cityofsanrafael.org 10/28/2019 Z HY 2 City Attorney a. Review, revise, and comment on draft agreement 10/31/2019 0 LG and return to Project Manager b. Confirm insurance requirements, create Job on 10/31/2019 0 LG (N/A) PINS, send PINS insurance notice to contractor 3 Department Director Approval of final agreement form to send to Click or tap ❑ BG contractor to enter a Forward three (3) originals of final agreement to date. 4 Project Manager ❑ HY contractor for their signature 5 Project Manager When necessary, contractor -signed agreement ❑ N/A agendized for City Council approval * *City Council approval required for Professional Services 0 HY Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 11/18/2019 Date of City Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City ❑ HY Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed agreement 8 City Attorney Review and approve insurance in PINS , and bonds _(for Public Works Contracts) / �J 9 City Manager/ Mayor Agreement executed by City Council authorized a' �(- �p�KV official 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager Z! 1 7-0 1-0 �,