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HomeMy WebLinkAboutCC Resolution 10640 (Metropolitan Trasportation Commission)RESOLUTION NO. 10640 RESOLUTION OF THE CITY OF SAN RAFAEL AUTHORIZING A FUNDING AGREEMENT BETWEEN THE METROPOLITAN TRANSPORTATION COMMISSION AND THE CITY OF SAN RAFAEL FOR SURFACE TRANSPORTATION PROGRAM (STP) EXCHANGE FUNDS FOR THE CONSTRUCTION OF MAHON PATH BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS the City of San Rafael has approved the Mahon Creek Conceptual Plan; and WHEREAS the City plans to construct the pedestrianibicycle portion of the Concept Plan and this portion is known as the Mahon Path; and WHEREAS the City requested and received fielding for Mahon Path from the Metropolitan Transportation Commission as a project in the Transportation for Liveable Communities Capital program; and WHEREAS a funding agreement is necessary between the City of San Rafael and the Metropolitan Transportation Commission. NOW, THEREFORE IT IS HEREBY RESOLVED that the City Council of the City of San Rafael approves the attached Funding Agreement between the Metropolitan Transportation Commission and the City of San Rafael for Surface Transportation Program (STP) Exchange Funds to construct Mahon Path; and RESOLVED FURTHER that the City Council of City of San Rafael authorizes the Director of Public Works to execute the Funding Agreement between the Metropolitan Transportation Commission and the City of San Rafael for Surface Transportation Program (STP) Exchange Funds to construct Mahon Path. I, JEANNE M. LEONCINI, City 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 held on the 5"' day of June 2000, by the following vote: AYES: COUNCIL MEMBERS: Heller, Miller, Phillips and Mayor Boro NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Cohen ifi A Jeai e�M Leoncini, City Clerk C.�5511-1 it I . r - d1` . FUNDING AGREEMEPtd, }s1:,s.;,;, ; <<kg,Gn. 0 Y Po".103 s 4 Between METROPOLITAN TRANSPORTATION COMMISSIOs'�l' �'` `<°f.:'s..:':;'S' ';•' And CITY OF SAN RAFAEL For STP EXCHANGE FUNDS SEP 1 8 2000 Redevelopment Agency THIS AGREEMENT is made and entered into as of the 24th day of June, 2000, by and between the Metropolitan Transportation Commission (herein called "MTC"), a regional transportation planning agency established pursuant to California Government Code §66500 et seq., and the City of San Rafael (herein called "Recipient"). WITNESSETH WHEREAS, MTC has received from the California Department of Transportation ("Caltrans") and the Santa Clara Valley Transportation Agency ("VTA"), successor agency to the Santa Clara Traffic Authority ("SCTA" ), funds to reimburse Surface Transportation Program ("STP") funds previously advanced to SCTA to complete the Route 85/17 interchange; and WHEREAS, MTC has used the reimbursed STP funds to form an STP Exchange Fund for the purpose of funding eligible STP projects; and WHEREAS, MTC adopted MTC Resolution No. 3018, establishing an expenditure plan for the STP Exchange Fund; and WHEREAS, RECIPIENT plans to construct a pedestrian/bicycle path to be known as the Mahon Path (herein called the "Project"); and WHEREAS, RECIPIENT requested funds from the STP Exchange Fund in lieu of claiming STP funds currently programmed for the Project; and WHEREAS, MTC approved the use of funds from the STP Exchange Fund for the Project. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES RECIPIENT agrees to engage two contractors to perform the services described in Attachment A, Scope of Work. attached hereto and incorporated herein by this reference as though set forth in full. RECIPIENT agrees, in addition, to provide all necessary staff support to deliver the services in Attachment A. MTC/City of San Rafael STP Exchange Agreement Page 2 2. TIME OF PERFORMANCE The services funded by this agreement shall commence on or after June 24, 2000, and RECIPIENT shall complete them by December 30, 2001, unless earlier terminated as hereinafter provided. 3. FUNDING AND METHOD OF PAYMENT A. MTC agrees to provide RECIPIENT up to $550,000 from STP Exchange Funds for the purpose of funding the Project described in Attachment A. RECIPIENT will provide all additional funding and staff support necessary to complete the Project. RECIPIENT estimates that the Project will cost a minimum of $800,000 to complete. In the event that construction costs attributable to the Project are less than $800,000, MTC's contribution from STP Exchange Funds will be adjusted downward to reflect no more than 683/4% of the amount of the Project costs and progress payments will be revised, accordingly. B. RECIPIENT shall be compensated by MTC for its services in the firm fixed price of $550,000, which is full compensation due from MTC for all services to be performed, including all applicable surcharges such as taxes, insurance, and fringe benefits as well as indirect costs, overhead and profit allowance, materials and supplies. RECIPIENT should deliver or mail invoices to MTC, as follows: Accounting Department Metropolitan Transportation Commission Joseph P. Bort MetroCenter 101 8th Street Oakland, California 94607-4700 Payment(s) shall be made within thirty (30) days after receipt by MTC of an acceptable invoice, which shall be subject to the review and approval of MTC's Project Manager. C. Progress Payments. Payment for RECIPIENT services shall be due in the amounts indicated below, when the project is at the following percentages of completion: Percentage of Completion Amount Due 90% 495,000 100% 55,000 MTC/City of San Rafael STP Exchange Agreement Page 3 RECIPIENT requests for progress payments shall include the following documentation: (i) An itemization of the sums requested related to the work covered by the invoice; (ii) RECIPIENT certification that the work for which payment is sought has been completed in accordance with the construction contracts; and (iii) any additional supporting data in a form and detail required by MTC. D. Retention. MTC shall retain 10% of the amount of each progress payment. MTC shall release all withheld funds to RECIPIENT upon completion and acceptance of the Project. A certificate of final acceptance for each construction contract shall be submitted to the MTC Project Manager by RECIPIENT to document acceptance. E. Maximum Pavment. Subject only to duly executed amendments, it is expressly understood and agreed that in no event will the total compensation to be paid under this agreement exceed the sum of $550,000. 4. COMPLIANCE WITH LAWS RECIPIENT shall comply with any and all laws, statutes, ordinances, rules, regulations or requirements of the federal, state, or local government, and any agency thereof, which relate to or in any manner affect the performance of this Agreement. In addition, RECIPIENT certifies that it has complied with the requirements of the California Environmental Quality Act (CEQA), California Public Resources Code Section 21,000 et seq. in connection with the Project. 5. RECIPIENT AGREEMENT RECIPIENT agrees to use funds received pursuant to this Agreement only for the Project. 6. CONSTRUCTION CONTRACT Within 5 days after each construction contract for the Project is executed, RECIPIENT shall submit a copy of the contract, including a complete set of plans and specifications, to MTC's Project Manager. MTC/City of San Rafael STP Exchange Agreement Page 4 7. PHOTOGRAPHS Within 10 days after this agreement is executed, RECIPIENT shall provide MTC with photographs depicting existing conditions on the site on which the Project is to be constructed. In addition, prior to release of retainage pursuant to Paragraph 3.D. above, RECIPIENT shall provide MTC with photographs depicting the Project as completed. 8. OBLIGATION TO MAINTAIN After it has accepted the Project, RECIPIENT agrees to maintain the Mahon Path in good condition and repair. 9. TERMINATION If RECIPIENT fails to perform as specified in this agreement, MTC may terminate this agreement for cause by written notice. 10. INDEMNIFICATION RECIPIENT shall indemnify, defend, and hold harmless MTC, its Commissioners, representatives, agents or employees from and against all claims, injury, suits, demands, liability, losses, damages and expenses, whether direct or indirect (including any and all costs and expenses in connection therewith), incurred by reason of any act or failure to act of RECIPIENT, its officers, employees or agents, or contractors or any of them in connection with this Agreement. 11. RETENTION OF RECORDS RECIPIENT agrees to keep all records pertaining to the project being funded for audit purposes. Copies of RECIPIENT's audits, if any, performed during the course of project development and at project completion shall be forwarded to MTC no later than one hundred eighty (180) days after fiscal year end close. 12. AUDITS RECIPIENT agrees to grant the State of California (Caltrans) auditors and/or MTC auditors access to the RECIPIENT's books and records for the purpose of verifying that funds are MTC/City of San Rafael STP Exchange Agreement Page 5 properly accounted for and proceeds are expended in accordance with the terms of this Agreement. All documents shall be available for inspection by authorized Caltrans and/or MTC agents at any time during project development and for a four-year period from the date of completion of the project or one year after the audit is completed or waived by Caltrans and/or MTC, whichever is later. 13. AMENDMENTS Any changes in the services to be performed under this agreement shall be incorporated in written amendments, which shall specify the changes in work performed and any adjustments in compensation and schedule. All amendments shall be executed by the MTC Executive Director or a designated representative and the RECIPIENT. No claim for additional compensation or extension of time shall be recognized unless contained in a duly executed amendment. 14. NOTICES All notices or other communications to either party by the other shall be deemed given when made in writing and delivered or mailed to such party at their respective addresses as follows: To MTC: Attention: Karen Frick Metropolitan Transportation Commission 101 - 8th Street Oakland, California 94607-4700 To RECIPIENT: Attention: Katie Korzun, Senior Planner City of San Rafael Redevelopment Agency P.O. Box 151560 San Rafael, CA 94915-1560 IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as of the day and year first written above. METROPOLITAN TRANSPORTATION CITY OF SAN RAFAEL COMMISSION Lawrence D. Dahms, Executive Director David Bernardi, Public Works Director J:\SECTIONWLLSTAFF\CONTRACT\Contracts-New\Con 99-00\STP Exchange\SanRafael Mahon.doc MTC/City of San Rafael STP Exchange Agreement Page 6 ATTACHMENT A Scone of Work The project consists of bank stabilization and construction of a pedestrian bike path along two areas of Mahon Creek as shown on the attached map. The first area is between Lindaro Street and Lincoln Avenue along the south bank of Mahon Creek. The second area is between Linclon Avenue and Second Street, and includes stabilization of the bank along both banks of Mahon Creek and construction of the bike path on the south east side of the creek. The third is the northerly side of Albert Park Lane from Lincoln to B Street in Albert Park. RECIPIENT will be performing the scope of work described below by contracting with two separate contractors. One contract will accomplish Task I through IV. The other contractor will accomplish Task V. Task I Excavation and grading to lay the existing near vertical slopes back to a 2:1 slope so as to (a) create a level area for the path and (b) stabilize the creek bank to prevent erosion of the flat area and path. This scope of work excludes any work attributable to increasing flood control capacity beyond any increase incidental to the creation of the 2:1 slope referenced herein. Installation of area drains at the low elevations connecting to underground pipes to conduct runoff into the creek and prevent slope erosion and sheet flow across the path. Task II Construction of a 12 foot bike and pedestrian path along Mahon Creek, which will connect to existing bike facilities, downtown San Rafael, and Golden Gate Bridge Highway and Transit District Transit Center. Task III Installation of a 42 inch high chain link fence between the path and creek bank slope to prevent people and domestic pets entering the creek. Task IV Landscaping the project area with trees, shrubs, vines and ground cover to create an attractive environment for users of the path and to prevent erosion of the creek bank and an irrigation system to water such plants. Task V Installation of a sidewalk and lighting along the north side of Albert Park Lane as it parallels Mahon Creek in Albert Park. METROPOLITAN TRANSPORTATION COMMISSION CONTRACT APPROVAL SHEET NAME OF CONTRACTOR/CONSULTANT Citv of San Rafael PROJECT TITLE Mahon Path: TLC capital proiect with STP exchange funds AMENDMENT NO. FY(s) WORK ITEM NUMBER 61110 CONTRACT AMOUNT (+ AMEND.) & FUNDING SOURCE $555.000 STP Exchanee (include amounts, if multiple sources) MTC A&O COMMITTEE APPROVAL DATE POC approval SOLE SOURCE (yes/no; if yes, attach sole source justification reviewed by OGC & signed by mgr.) Project Manager is responsible for providing all the above information and securing all signatures indicated below. This sheet must accompany all contracts circulated in-house for review and approval. REVIEW CHECK LIST Project Manager Date: Karen Frick Section Manager Date: Therese McMillan Work Program Coordinator Date Sara MacKusick Agency Financial Officer Date: Dean Hunter DBE Liaison Date Jay Miyazaki Associate General Counsel Date: Melanie J. Morgan Deputy Executive Director Date: Steve Heminger FUNDING AGREEMENT Between METROPOLITAN TRANSPORTATION COMMISSION ' And CITY OF SAN RAFAEL For STP EXCHANGE FUNDS THIS AGREEMENT is made and entered into as of the 24th day of June, 2000, by and between the Metropolitan Transportation Commission (herein called "MTC"), a regional transportation planning agency established pursuant to California Government Code §66500 et seq., and the City of San Rafael (herein called "CITY"). WITNESSETH WHEREAS, MTC has received from the California Department of Transportation ("Caltrans") and the Santa Clara Valley Transportation Agency ("VTA"), successor agency to the Santa Clara Traffic Authority ("SCTA"), funds to reimburse Surface Transportation Program ("STP") funds previously advanced to SCTA to complete the Route 85/17 interchange; and WHEREAS, MTC has used the reimbursed STP funds to form an STP Exchange Fund for the purpose of funding eligible STP projects; and WHEREAS, MTC adopted MTC Resolution No. 3018, establishing an expenditure plan for the STP Exchange Fund; and WHEREAS, CITY plans to construct a pedestrian/bicycle path to be known as the Mahon Path (herein called the "Project"); and WHEREAS, CITY requested funds from the STP Exchange Fund in lieu of claiming STP funds currently programmed for the Project; and WHEREAS, MTC approved the use of funds from the STP Exchange Fund for the Proj ect. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES CITY agrees to engage a contractor to perform the services described in Attachment A, Scone of Work, attached hereto and incorporated herein by this reference as though set forth in full. CITY agrees, in addition, to provide all necessary staff support to deliver the services in Attachment A. MTC City of San Rafael STP Exchange Agreement Page 2 2. TIME OF PERFORMANCE The services funded by this agreement shall commence on or after June 24, 2000, and CITY shall complete them by December 30, 2000, unless earlier terminated as hereinafter provided. 3. FUNDING AND METHOD OF PAYMENT A. MTC agrees to provide CITY up to $550,000 from STP Exchange Funds for the purpose of funding the Project described in Attachment A. CITY will provide all additional funding and staff support necessary to complete the Project. CITY estimates that the Project will cost a minimum of $800,000 to complete. In the event that construction costs attributable to the Project are less than $800,000, MTC's contribution from STP Exchange Funds will be adjusted downward to reflect no more than 68'/4% of the amount of the Project costs and progress payments will be revised, accordingly. B. CITY shall be compensated by MTC for its services in the firm fixed price of $550,000, which is full compensation due from MTC for all services to be performed, including all applicable surcharges such as taxes, insurance, and fringe benefits as well as indirect costs, overhead and profit allowance, materials and supplies. CITY should deliver or mail invoices to MTC, as follows: Accounting Department Metropolitan Transportation Commission Joseph P. Bort MetroCenter 101 8th Street Oakland, California 94607-4700 Payment(s) shall be made within thirty (30) days after receipt by MTC of an acceptable invoice, which shall be subject to the review and approval of MTC's Project Manager. C. Progress Payments. Payment for CITY services shall be due in the amounts indicated below, when the project is at the following percentages of completion: Percentage of Completion Amount Due 90% 495,000 100% 55,000 ' �� � t�. ' MTC City of San Rafael STP Exchange Agreement Page 3 CITY requests for progress payments shall include the following documentation: (i) An itemization of the sums requested related to the work covered by the invoice; (ii) CITY certification that the work for which payment is sought has been completed in accordance with the construction contract; and (iii) any additional supporting data in a form and detail required by MTC. D. Retention. MTC shall retain 10% of the amount of each progress payment. MTC shall release all withheld funds to CITY upon completion and acceptance of the Project. A certificate of final acceptance shall be submitted to the MTC Project Manager by CITY to document acceptance. E. Maximum Payment. Subject only to duly executed amendments, it is expressly understood and agreed that in no event will the total compensation to be paid under this agreement exceed the sum of $550,000. 4. COMPLIANCE WITH LAWS CITY shall comply with any and all laws, statutes, ordinances, rules, regulations or requirements of the federal, state, or local government, and any agency thereof, which relate to or in any manner affect the performance of this Agreement. In addition, CITY certifies that it has complied with the requirements of the California Environmental Quality Act (CEQA), California Public Resources Code Section 21,000 et seq. in connection with the Project. 5. CITY AGREEMENT CITY agrees to use funds received pursuant to this Agreement only for the Project. 6. CONSTRUCTION CONTRACT Within 5 days after the construction contract for the Project is executed, CITY shall submit a copy of the contract, including a complete set of plans and specifications, to MTC's Project Manager. MTC City of San Rafael STP Exchange Agreement Page 4 7. PHOTOGRAPHS Within 10 days after this agreement is executed, CITY shall provide MTC with photographs depicting existing conditions on the site on which the Project is to be constructed. In addition, prior to release of retainage pursuant to Paragraph 3.D. above, CITY shall provide MTC with photographs depicting the Project as completed. OBLIGATION TO MAINTAIN After it has accepted the Project, CITY agrees to maintain the Mahon Path in good condition and repair. 9. TERMINATION If CITY fails to perform as specified in this agreement, MTC may terminate this agreement for cause by written notice. 10. INDEMNIFICATION CITY shall indemnify, defend, and hold harmless MTC, its Commissioners, representatives, agents or employees from and against all claims, injury, suits, demands, liability, losses, damages and expenses, whether direct or indirect (including any and all costs and expenses in connection therewith), incurred by reason of any act or failure to act of CITY, its officers, employees or agents, or contractors or any of them in connection with this Agreement. 11. RETENTION OF RECORDS CITY agrees to keep all records pertaining to the project being funded for audit purposes. Copies of CITY's audits, if any, performed during the course of project development and at project completion shall be forwarded to MTC no later than one hundred eighty (18 0) days after fiscal year end close. 12. AUDITS CITY agrees to grant the State of California (Caltrans) auditors and/or MTC auditors access to the CITY's books and records for the purpose of verifying that funds are properly accounted for and proceeds are expended in accordance with the terms of this Agreement. All MTC City of San Rafael STP Exchange Agreement Page 5 documents shall be available for inspection by authorized Caltrans and/or MTC agents at any time during project development and for a four-year period from the date of completion of the project or one year after the audit is completed or waived by Caltrans and/or MTC, whichever is later. 13. AMENDMENTS Any changes in the services to be performed under this agreement shall be incorporated in written amendments, which shall specify the changes in work performed and any adjustments in compensation and schedule. All amendments shall be executed by the MTC Executive Director or a designated representative and the CITY. No claim for additional compensation or extension of time shall be recognized unless contained in a duly executed amendment. 14. NOTICES All notices or other communications to either party by the other shall be deemed given when made in writing and delivered or mailed to such party at their respective addresses as follows: To MTC: Attention: Karen Frick Metropolitan Transportation Commission 101 - 8th Street Oakland, California 94607-4700 To CITY: Attention: David Bernardi, Public Works Director City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as of the day and year first written above. METROPOLITAN TRANSPORTATION CITY OF SAN RAFAEL COMMISSION Lawrence D. Dahms, Executive Director David Bernardi, Public Works Director ATTEST: JAS 99-00\STP Exchange\.SanRafael Maho . o eanne M. Leonci ni City Clerk MTC City of San Rafael STP Exchange Agreement Page 6 ATTACHMENT A Scope of Work The project consists of bank stabilization and construction of a pedestrian bike path along two areas of Mahon Creek as shown on the attached map. The first area is between Lindaro Street and Lincoln Avenue along the south bank of Mahon Creek. The second area is between Linclon Avenue and Second Street, and includes stabilization of the bank along both banks of Mahon Creek and construction of the bike path on the south east side of the creek. The City will be performing the scope of work described below. Task I Excavation and grading to lay the existing near vertical slopes back to a 2:1 slope so as to (a) create a level area for the path and (b) stabilize the creek bank to prevent erosion of the flat area and path. This scope of work excludes any work attributable to increasing flood control capacity beyond any increase incidental to the creation of the 2:1 slope referenced herein. Installation of area drains at the low elevations connecting to underground pipes to conduct runoff into the creek and prevent slope erosion and sheet flow across the path. Task II Construction of 'a 12 foot bike and pedestrian path along Mahon Creek, which will connect to existing bike facilities, downtown San Rafael, and Golden Gate Bridge Highway and Transit District Transit Center. Task III Installation of a 42 inch high chain link fence between the path and creek bank slope to prevent people and domestic pets entering the creek. Task IV Landscaping the project area with trees, shrubs, vines and ground cover to create an attractive environment for users of the path and to prevent erosion of the creek bank and an irrigation system to water such plants.