HomeMy WebLinkAboutPW Los Ranchitos Road at North San Pedro Traffic SignalNORTH SAN PEDRO ROAD AT LOS RANCHITOS ROAD
TRAFFIC SIGNAL MAINTENANCE AGREEMENT
THIS APREEMENT is made and entered into as of the day of
i✓1Uhe� , 2019, 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 North San Pedro Road and Los Ranchitos Road in San Rafael, Marin
County, hereinafter sometimes referred to as the "TRAFFIC SIGNAL".
WHEREAS, at the intersection of North San Pedro Road and Los Ranchitos
Road, Los Ranchitos Road is within the COUNTY's jurisdiction and North
San Pedro 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, the CITY has been maintaining the traffic signal at the
intersection of North, San Pedro Road and Los Ranchitos Road since its
installation in 1990 pursuant to an informal understanding with the COUNTY
and the parties now wish to formalize their AGREEMENT concerning that
maintenance; and
WHEREAS, as part of the TRAFFIC SIGNAL operations, CITY and
COUNTY agree that the CITY will perform maintenance of the TRAFFIC
SIGNAL as herein described; and
WHEREAS, any associated traffic signal connections, coordination, timing
changes, or improvements associated with Sonoma -Marin Area Rail Transit
(SMART) operations will continue to be maintained by and at the cost of the
CITY or SMART, as they mutually agree; 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 1/2 (one-half) 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
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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,
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.
II. 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
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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
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 1/2 (one-half) 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.
8.2 Claims 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
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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.
8.3 Claims 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.
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.
8.5 Insurance
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
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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.
8.6 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.
8.7 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 Public Works Director and the COUNTY'S Department of
Finance.
8.8 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'S
Department of Finance prior to the performance by such contractor or
subcontractor of any traffic signal maintenance work covered by this
AGREEMENT.
9. This AGREEMENT shall be construed and enforced in accordance with the laws
of the State of California.
10. 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:
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�Kathrin Sears Print Na a Jim chutz
President, Board of Supervisors City M ager
5
Approved as to form:
Jenna Brady, County Counsel
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Print Name Robert F. stein
Print Name
County of M rin, Deputy
Cou C u
San Rafael City Attorney
W:\18 Traffic\18.04 Maintenance\18.04.03 Los Ranchitos Rd at N. San Pedro Maintenance Agreement\Counci land
Agreements\North San Pedro Road and Los Ranchitos Road Traffic Signal Maintenance Agreement Revi.docx-Final 9/16/19
DEPARTMENT OF PUBLIC WORKS
MARIN COUNTY, CALIFORNIA
P.O. Box 4186 Civic Center San Rafael, CA 94913-4186
Telephone (415) 473-7877 FAX (415) 473-3724
LETTER OF TRANSMITTAL
DATED: November 4, 2019
TO: Hunter Young, P.E.
City of San Rafael
Senior Civil Engineer
111 Morphew Street
San Rafael, CA 94901
FROM: Reuel Brady
Senior Civil Engineer
Marin County Department of Public Works
Raul M. Rojas, Director
RE: Fully Executed Traffic Signal Maintenance Agreement between Marin County and City
of San Rafael for the Traffic Signal at the intersection of North San Pedro Road and Los
Ranchitos Road
Hunter:
Attached is the fully executed Agreement with the City of San Rafael for your files.
cc: Qiana Davis, Accounting
FATraffic\Traffic Operations\Traffic Signal Contract\Maintenance agreements\North San Pedro Road -Los Ranchitos Road\Transmittal-County to City
110419.doc