HomeMy WebLinkAboutPW Traffic Signal - Lucas Valley Road at Los Gamos Drive____________________________________________________________________________________
FOR CITY CLERK ONLY
File No.: 4-1-751
Council Meeting: 05/20/2019
Disposition: Resolution 14672
Agenda Item No: 5.d
Meeting Date: May 20, 2019
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Bill Guerin,
Director of Public Works
City Manager Approval: __________
File No.: 18.04.02
TOPIC: LUCAS VALLEY ROAD AT LOS GAMOS DRIVE TRAFFIC SIGNAL
SUBJECT: A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A MAINTENANCE AGREEMENT WITH THE COUNTY OF MARIN
FOR MAINTENANCE OF THE TRAFFIC SIGNAL AT THE INTERSECTION OF
LUCAS VALLEY ROAD AT LOS GAMOS DRIVE
RECOMMENDATION: Adopt a resolution approving and authorizing the City Manager to
execute a maintenance agreement with the County of Marin for maintenance of the traffic signal
at the intersection of Lucas Valley Road at Los Gamos Drive.
BACKGROUND: On September 17, 2018, the City Council held a public hearing and approved
the Final Environmental Impact Report related to a Kaiser Permanente Medical Office Building
at 1650 Los Gamos Drive. The project proposes: a) the conversion of an existing, 148,000 sq.
ft. office building from general office uses to medical office uses; and b) the construction of a
new 433‐space, three-level parking structure for Kaiser Permanente patrons and staff. As a
condition of approval for this permitted private development project, the City is requiring off-site
improvements, including but not limited to, the installation of a new traffic signal at the
intersection of Lucas Valley Road at Los Gamos Drive.
ANALYSIS: The intersection of Lucas Valley Road at Los Gamos Drive includes public right of
way from the State of California Department of Transportation (i.e., Caltrans), County of Marin,
and City of San Rafael. As such, a maintenance agreement is necessary to identify roles and
responsibilities for maintenance of the new traffic signal. Caltrans staff has indicated they will
not maintain the new traffic signal, leaving the County and City responsible for maintenance.
The City has agreed to be the lead agency providing maintenance and will add this intersection
to the current list of 90 traffic signals maintained by the City.
FISCAL IMPACT: Despite Caltrans owning a small portion of the underlying right of way at the
intersection, the County currently maintains the east/west approaches of Lucas Valley Road
while the City maintains one approach from Los Gamos Drive. Consequently, the County will
bear two-thirds (2/3rds) of the maintenance costs with the City responsible for the remaining one-
third (1/3rd).
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Maintenance of the City’s traffic signal system is performed by a third-party electrical contractor
and includes quarterly, semi-annual, and annual inspections of each traffic signal. Routine
maintenance for these visits is approximately $500 per year per traffic signal. Furthermore, the
electrical contractor aids with unanticipated items and/or repairs including responding to
emergency calls, knockdown of signal poles, and troubleshooting. The costs associated with
unanticipated maintenance varies by intersection each year but may range between $500 for
the contractor’s time to troubleshoot problems to several thousand dollars depending on the
nature of the work involved. After reviewing PG&E invoices for existing traffic signals, the
estimated annual costs of electricity to power the new signal is $500.
Based upon the foregoing information, anticipated costs of routine maintenance and electricity
for the new traffic signal will be approximately $1,500 per year, of which the City is responsible
for one-third, or $500. Traffic signal maintenance will be paid for from Gas Tax Funds (fund no.
206).
OPTIONS: The City Council has the following options to consider relating to this matter:
1. Adopt a resolution authorizing the City Manager to execute a maintenance agreement
with the County of Marin for maintenance of the traffic signal at the intersection of Lucas
Valley Road at Los Gamos Drive.
2. Do not adopt a resolution and provide further direction to staff. If the maintenance
agreement is not executed, Kaiser Permanente, as the responsible party to construct
and install the traffic signal, a portion of which will be within Caltrans right of way, will be
unable to secure an encroachment permit from Caltrans to build all off-site
improvements on Lucas Valley Road required by the City’s conditions of approval.
Without the traffic signal installed, Kaiser Permanente will not be permitted to have full
occupancy of the new Medical Office Building.
RECOMMENDED ACTION: Adopt a resolution approving and authorizing the City Manager to
execute a maintenance agreement with the County of Marin f or maintenance of the traffic signal
at the intersection of Lucas Valley Road at Los Gamos Drive.
ATTACHMENT:
1. Resolution
2. Agreement
RESOLUTION NO. 14672
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE
AGREEMENT WITH THE COUNTY OF MARIN FOR MAINTENANCE OF THE
TRAFFIC SIGNAL AT THE INTERSECTION OF LUCAS VALLEY ROAD
AT LOS GAMOS DRIVE
_____________________________________________________________________
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 a new traffic signal at the intersection of Lucas Valley
Road at Los Gamos Drive; and
WHEREAS, at the intersection of Lucas Valley Road and Los Gamos
Drive, Lucas Valley Road is within the County of Marin’s (County) jurisdiction and
Los Gamos Drive 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, City and County agree that the City will perform
maintenance of the traffic signal; and
WHEREAS, City agrees to pay one-third and County agrees to pay
two-thirds of maintenance expenses.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL RESOLVES as follows:
1. The Council hereby approves and authorizes th e City Manager to
execute a maintenance agreement with the County of Marin for
maintenance of the traffic signal at the intersection of Lucas Valley
Road at Los Gamos Drive subject to final approval as to form by the
City Attorney.
2. The Director of Public W orks 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 20th day of May 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
LUCAS 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
5
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COUNTY OF MARIN
Raul M. Rojas
DIRECTOR
Administration
PO Box 4186
San Rafael, CA 94913-4186
415 473 6528 T
415 473 3799 F /
415 473 3232 TTY
CRS Dial 71 1
www.marincounty.org/pw
Accounting
Airport
.....................................................D.EPARTM.E..NT.. QE ... P..U..BL.I.C...W.O.RKS.
Quality, Excellence, Innovation
June 18 , 2019
Marin County Board of Supervisors
3501 Civic Center Drive
San Rafael, CA 94903
SUBJECT: Traffic Signal Maintenance Agreement between Marin County and
City of San Rafael for a New Traffic Signal to be installed at the
Intersection of Lucas Valley Road and Los Gamos Drive, San
Rafael
Dear Board Members:
Building Maintenance RECOMMENDATION: 1. Direct that the traffic signal be taken into the City of
San Rafael's maintained system upon completion; and 2. authorize the President
Capital Projects to sign the Agreement.
Certified Unified Program SUMMARY: As part of the Kaiser Permanente (Kaiser) project at 1650 Los
Agency jCUPAI Gamos Drive in the City of San Rafael, Kaiser is required by the City to install a
new traffic signal at the intersection of Lucas Valley Road and Los Gamos Drive.
Communications The portions of the traffic signal that are located within the County right of way
Maintenance will be installed by Kaiser to the satisfaction of Marin County Public Works via an
County Garage encroachment permit. The overall traffic signal will be designed and installed to
meet City and County standards. Since two of the three legs of the traffic signal
Disability Access are within the County's jurisdiction, this Agreement proposes that the County
reimburse the City for two-thirds of the electrical costs to operate the signal and
Engineering & Survey maintainance costs (including routine and non -routine maintenance and
emergency repairs). City of San Rafael agrees to maintain all three legs of the
Flood Control & traffic signal.
Water Resources
FISCAL IMPACT: The average annual cost of maintaining the traffic signal is
Land Development estimated at $1,500 (County portion is $1,000 but will vary year to year
depending upon needed repairs. Existing funds are available and budgeted in
Purchasing Road Org 21625531 for the County portion of the annual operational and
Real Estate maintenance costs.
Reprographic Services
Road Maintenance
Stormwater Program
Transportation &
Traffic Operations
Waste Management �A
Board of Supervisors
June 18, 2019
Page 2 of 2
REVIEWED BY: [ X ] County Administrator [ ] N/A
[ X ] Department of Finance [ ] N/A
[ X ] County Counsel [ ] N/A
[ ] Human Resources [ X ] N/A
Respectfully yours,
84'b"
Bob Goralka
Principal Civil Engineer
Attachment: Agreement
City of San Rafael City Counsel Agenda Report
F:\Traffic\Traffic Operations\Traffic Signal Contract\Maintenance agreements \BOS 061819 TS
Maintenance A eement-LVR.doc