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
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Jeai e�M Leoncini, City Clerk
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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.