HomeMy WebLinkAboutPW Traffic Signal - Lucas Valley Road at Los Gamos DriveLUCAS VALLEY ROAD AT LOS GAMOS DRIVE
TRAFFIC SIGNAL MAINTENANCE AGREEMENT
THIS AGREEMENT is made and entered into, by and between County of Marin.
hereinafter referred to as "COUNTY" and the City of San Rafael, hereinafter
referred to as "CITY", for the maintenance of the traffic signal located at the
intersection of Lucas Valley Road and Los Gamos Drive in San Rafael, Marin
County, hereinafter referred as "TRAFFIC SIGNAL"
WHEREAS, Kaiser Permanente developed an environmental document for their
Medical Office Building improvement project located at 1650 Los Gamos Drive
which indicated traffic impacts to the Lucas Valley Road and Los Gamos Drive
intersection requiring the intersection to be signalized; and;
WHEREAS, Kaiser Permanente proposes to construct the TRAFFIC SIGNAL at the
Lucas Valley Road and Los Gamos Drive intersection; and
WHEREAS, at the intersection of Lucas Valley Road and Los Gamos Drive, Lucas
Valley Road is within the COUNTY's jurisdiction and Los Gamos Road is within the
CITY's jurisdiction such that the COUNTY has jurisdiction over two legs/approaches
of the intersection while the CITY has jurisdiction over one leg of the intersection;
and
WHEREAS, as part of the TRAFFIC SIGNAL improvement plans, CITY and
COUNTY agree that the CITY will perform maintenance of the TRAFFIC SIGNAL
as herein described; and
WHEREAS, COUNTY agrees to compensate CITY in accordance with the terms of
this AGREEMENT.
NOW THEREFORE, COUNTY and CITY mutually agree as follows:
1. This AGREEMENT shall be in effect in perpetuity unless modified or
terminated by mutual agreement in writing by both parties.
2. CITY shall pay the cost of electric current required to operate the
TRAFFIC SIGNAL. COUNTY will reimburse CITY for 2/3 (two-thirds) of electrical
cost to operate the TRAFFIC SIGNAL.
3. CITY shall provide all maintenance required for TRAFFIC SIGNAL
including routine maintenance, non -routine maintenance and emergency repairs.
CITY currently contracts out traffic signal maintenance to a licensed electrical
contractor and may continue to contract out these services.
A. ROUTINE MAINTENANCE. Routine maintenance shall include,
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without limitation hereby, a short interval service and annual service as
outlined herein, and the annual replacement of TRAFFIC SIGNAL bulbs or
cleaning of the faces of LED indications.
I. CITY shall replace TRAFFIC SIGNAL LED bulbs as necessary in
accordance with proper wattage for TRAFFIC SIGNAL.
II. CITY shall maintain a written record of the date and time of all
routine maintenance and provide COUNTY with a copy thereof upon
request.
B. NON -ROUTINE MAINTENANCE. Non -routine maintenance shall be
defined as all work not included in routine maintenance which is
necessitated by TRAFFIC SIGNAL malfunctioning or not operating as
planned (including any indication outages). CITY shall maintain a written
record of the date and time of all non -routine maintenance and provide
COUNTY with a copy thereof upon request, along with itemized statements as
required in this AGREEMENT.
C. EMERGENCY MAINTENANCE. CITY shall also provide all emergency
maintenance and repairs required for TRAFFIC SIGNAL. Emergency repairs
shall include responding to a reported malfunctioning or damaged TRAFFIC
SIGNAL. Emergency calls will be paid under non -routine maintenance.
Emergency calls shall be performed in accordance with the following:
I. The response by CITY to an emergency call shall be initiated within two
(2) hours of receipt of notifications.
ll. Any damaged or inoperative signal shall not be left unattended. The signal
may be placed on flashing status control while repairs are being completed.
III. CITY shall be responsible for notifying the appropriate police/sheriff
departments in the event that emergency traffic control is needed.
IV. CITY shall maintain records and provide reports about emergency calls. A
log of all emergency calls shall be maintained for a minimum of three years by
CITY and shall indicate the following:
a. Name of person or agency reporting
b. Location
c. Nature of complaint
d. Time and Date of notification
e. Time and date of response
f. Action taken
4. CITY will inform COUNTY when alterations to existing signal installations
are made, except in case of emergency when TRAFFIC SIGNAL is out of
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operation.
5. CITY shall keep a record of all hours of labor and all hours of equipment
used in maintaining and repairing the TRAFFIC SIGNAL and will submit an
itemized statement for each written report attached to an executed claim
voucher. CITY shall bill COUNTY annually at the beginning of each calendar
year for reimbursement of COUNTY's share of electric costs under Section 2 and
COUNTY's share of costs (as set forth in Section 6) for routine, non -routine and
emergency maintenance described in Section 3 for the previous year.
6. COUNTY shall pay CITY for 2/3 (two-thirds) of the cost for routine, non-
routine and emergency maintenance and repairs based on the actual hours of
labor and equipment used. The rates shall be based on those specified in the
traffic signal maintenance contract between CITY and its traffic signal electrical
contractor in effect during the applicable year. Rates used for work on the
TRAFFIC SIGNAL shall be the same as generally applied to work on other
signals in the CITY.
7. COUNTY hereby grants CITY and CITY's contractors the right to enter
upon COUNTY right-of-way as reasonably necessary for the performance of the
work described in this AGREEMENT.
8. Mutual Indemnity and Insurance.
8.1 Claims Arising from Sole Acts or Omissions of CITY. CITY does hereby
agree to defend, indemnify and hold harmless COUNTY from and against
any third -party claim, demand, action or cause of action arising solely out
of the acts or omissions of CITY in the performance of this AGREEMENT.
CITY shall notify COUNTY promptly of any claim, action or proceeding
and cooperate fully in the defense.
8.2Claims Arising from Sole Acts or Omissions of COUNTY. COUNTY
does hereby agree to defend, indemnify and hold harmless CITY from and
against any third -party claim, demand, action or cause of action arising
solely out of the acts or omissions of COUNTY in the performance of this
AGREEMENT. COUNTY shall notify CITY promptly of any claim, action
or proceeding and cooperate fully in the defense.
8.3Claims Arising from Concurrent Acts or Omissions. COUNTY hereby
agrees to defend itself, and CITY hereby agrees to defend itself from any
claim, action or proceeding alleged to have arisen out of the concurrent
acts or omissions of COUNTY and CITY. In such cases, COUNTY and
CITY agree to retain their own legal counsel, bear their own defense
costs, and waive their right to seek reimbursement of such costs, except
as provided in Section 8.4 below.
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8.4 Reimbursement and/or Reallocation
Where a trial verdict or arbitration award allocates or determines the
comparative fault of the parties, COUNTY and CITY shall be entitled to
reimbursement and/or reallocation of defense costs including reasonable
attorneys' fees, settlement payments, judgments and awards, consistent
with such comparative fault.
8.51nsurance
In addition, CITY shall require that any contractor utilized by CITY for any
traffic signal maintenance covered by this AGREEMENT, and any of such
contractor's subcontractors, obtain and maintain insurance meeting the
following minimum requirements:
A. Workers' compensation insurance as per statutory requirements
and employer's liability insurance in an amount not less than One
Million Dollars ($1,000,000) per occurrence.
B. Commercial general liability insurance covering bodily injury and
property damage in an amount not less than One Million Dollars
($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in
the aggregate. Said commercial general liability insurance policy shall
be endorsed as follows:
I. The CITY and COUNTY and their respective officers and
employees, shall be named as additional insureds for all liability
arising out of the on-going and completed operations related to this
agreement by or on behalf of the named insured.
II. The inclusion of more than one insured shall not operate to
impair the rights of one insured against another insured, and the
coverage afforded shall apply as though separate policies had been
issued to each insured, but the inclusion of more than one insured
shall not operate to increase the limits of the company's liability.
III. The insurance provided shall be primary and non-contributory
coverage to the CITY and COUNTY with respect to any insurance or
self-insurance programs maintained by the CITY and COUNTY.
C. Automobile liability insurance covering bodily injury and property damage
in an amount no less than One Million Dollars ($1,000,000) combined single limit
for each occurrence. Said insurance shall include coverage for owned, hired, and
non -owned vehicles.
Each policy of insurance required above shall be with a company holding a
certificate of authority issued by California State Insurance Commissioner to do
business in the state.
Each policy of insurance required above shall not be cancelled or materially
changed without first giving thirty (30) days prior written notice to the CITY'S
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Public Works Director and the COUNTY'S Department of Finance.
Properly executed endorsements and Certificates of Insurance clearly evidencing
all coverages and limits required above shall be submitted to the CITY'S Public
Works Director and County Department of Finance prior to the performance by
such contractor or subcontractor of any traffic signal maintenance work covered
by this AGREEMENT.
This Agreement shall be construed and enforced in accordance with the laws of
the State of California.
This Agreement contains the entire agreement between the parties. This
Agreement shall only be amended by an instrument in writing executed by both
parties.
County of Marin: City of San Rafael:
Kathrin Sears Print N me Jim Schu z City Mana e
President, Board of Supervisors `J
Approved as to form:
Print Name
County of Marin, Deputy
County Counsel
Print Name �s,,Q µ, IG,
San Rafael City Attorney
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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: Maintenance Agreement for Lucas Valley/Los Gamos Traffic Signal
Contractor's Contact: N/A Contact's Email: N/A
❑ FPPC: Check if Contractor/Consultant must file Form 700
--
Step RESPONSIBLE
L_ DEPARTMENT
.... ..... ..— _
DESCRIPTION
COMPLETED
DATE
REVIEWER
Check/Initial
1 Project Manager
a. Email PINS Introductory Notice to Contractor
N/A
❑X HY
b. Email contract (in Word) and attachments to City
Attorney c/o Laraine.Gittens@cityofsanrafael.org
4/26/2019
❑X HY
2 City Attorney
a. Review, revise, and comment on draft agreement
5/14/2019
❑X LG
and return to Project Manager
b. Confirm insurance requirements, create Job on
N/A
❑X LG
PINS, send PINS insurance notice to contractor
Approval of final agreement form to send to
❑
3
Department Director
N/A
Project Manager
contractor
Forward three (3) originals of final agreement to
4
❑ HY
Project Manager
contractor for their signature
When necessary, contractor -signed agreement
❑ N/A
5
agendized for City Council approval
*City Council approval required for Professional Services
❑X HY
Agreements and purchases of goods and services that exceed
Or
$75,000; and for Public Works Contracts that exceed $175,000
Date of City Council approval
5/20/2019
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
6
Project Manager
Forward signed original agreements to City
5/21/2019
❑x HY
Attorney with printed copy of this routing form
7 City Attorney
Review and approve hard copy of signed
agreement
5�29//�
N/A
❑X LG
8 1 City Attorney
Review and approve insurance in PINS , and bonds
(for Public Works Contracts)
9 i City Manager/ Mayor
Agreement executed by City Council authorized
0-0
official
10 City Clerk
r
Attest signatures, retains original agreement and
forwards copies to Project Manager
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