HomeMy WebLinkAboutPW 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.
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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.
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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:
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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
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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
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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
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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
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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
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enter a date.
b. Email contract (in Word) and attachments to City
Attorney c/o Laraine.Gittens@cityofsanrafael.org
10/28/2019
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2
City Attorney
a. Review, revise, and comment on draft agreement
10/31/2019
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and return to Project Manager
b. Confirm insurance requirements, create Job on
10/31/2019
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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
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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
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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
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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)
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9
City Manager/ Mayor
Agreement executed by City Council authorized
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official
10
City Clerk
Attest signatures, retains original agreement and
forwards copies to Project Manager
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