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HomeMy WebLinkAboutCC Resolution 10715 (Shoreline Park)RESOLUTION NO. 10715 A RESOLUTION OF THE CITY COUNCIL OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO SIGN A CONSTRUCTION GRANT AGREEMENT FOR THE DEVELOPMENT OF THE SAN FRANCISCO BAY TRAIL AT SAN RAFAEL BAY FRONTAGE ALONG SHORELINE PARK (P97-4) BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, the State Legislature has established funding for 2000/2001 for the Regional Development Program which is managed by the Bay Trail Project of the Association of Bay Area Governments; and WHEREAS, the City of San Rafael applied in January 2000 for grant funds to improve a section of the Bay Trail along Shoreline Park; and WHEREAS, The Association of Bay Area Governments announced San Rafael as a recipient of a $140,000 grant for Bay Trail improvements. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Rafael hereby authorizes the City Manager to execute The Construction Grant Agreement with the Association of Bay Area Governments for the dispersal of the grant funds for the Bay Trail improvements along Shoreline Park. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 2nd day of October, 2000, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None File No.: 22.04.31 JE E M. LE(y CINI, City Clerk CONSTRUCTION GRANT AGREEMENT Grantee's fall, legal name: C. -VIL Address:P,-,/ ca- t', o, RL 5.A --I A( Phone No.: (w5; Name of Contact: Title of Contact: ;P_ TaxpayerID Number qli—Gou-iH21-4 I. SCOPE OF AGREEMENT Pursuant to Chapter 9 of Division 21 of the California Public Resources Code, the State Coastal Conservancy ("the Conservancy") awarded grant funds to be administered by the Association of Bay Area Governments (ABAG) for development of the Bay Trail Project. ABAG grants the City of San Rafael ("the Grantee") a sum not to exceed one hundred forty thousand dollars ($ 140,000 ), subject to the terms and conditions of this Agreement, to complete, the Shoreline Park "Green" Bay Trail Project ("the Project") at Shoreline Park in San Rafael, as shown on Exhibit A, which is incorporated by reference and attached. The Project description is attached as Exhibit B, which is incorporated by reference. The Grantee shall carry out the Project in accordance with this Agreement and a work program to be approved by ABAG pursuant to this Agreement. The Grantee shall provide 1$ d] any funds beyond those granted under this Agreement which are needed to complete the Project. , JZo,ceo `fid bl H. CONDITIONS PRECEDENT To CONSTRUCTION AND DISBURSEMENT. The Grantee shall not commence construction of the Project and ABAG shall not be obligated to disburse any funds under this Agreement unless and until the following conditions precedent have been met: A. A resolution has been adopted by the City Council of the Grantee authorizing the execution of this Agreement and approving its terms and conditions. B. ABAG has approved in writing: 1. The work program for the Project; and 2. Plans for the erection of signs and placards as provided in the "SIGNS" section of this Agreement. C. Written evidence has been provided to ABAG: 1 That all permits and approvals necessary to the completion of the Project under applicable local, state and federal laws and regulations have been obtained; 2. That the Grantee has acquired and recorded all easements and other interests in real property necessary to the construction, use and/or maintenance of the Project; -I- Construction Grant Agreement 3. That notices of non -responsibility are recorded for all private property improved by the Project (see Exhibits C-1 and C-2); 4. That the Grantee has provided for liability insurance and an endorsement, or is self- insured, as described in the "LIABILITY' section of this Agreement; and 5. That the Grantee has provided for fire and other loss insurance as described in the "LOSS INSURANCE" section of this Agreement. Notwithstanding the above, the Grantee may commence preparation of plans, specifications and engineering work upon meeting conditions set forth in subsections A and B.I of this section, and upon ABAG's review and approval of a separate work program (tasks, budget and timeline) and approval of any contractors that the Grantee will retain to perform the work. III. TERM OF AGREEMENT This Agreement shall be deemed executed and effective when signed by both parties and received in the offices of ABAG together with the resolution described in the "CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT" section of this Agreement. This Agreement shall run from its effective date through December 31, 2034 ("the termination date") unless otherwise terminated or amended as provided in this Agreement. However, all work shall be completed by December 31, 2001. -2- Construction Grant Agreement STANDARD PROVISIONS I. WORK PROGRAM A. Prior to beginning construction, the Grantee shall submit a detailed work program to ABAG for review and written approval of its consistency with this Agreement. The work program shall include: 1. Construction plans and specifications which have been certified by a registered architect or engineer, or approved by the Grantee's Public Works Director. 2. A schedule of completion for the Project specifically listing the completion date for each Project component and a final Project completion date. 3. A detailed Project budget (the "Project Budget'). The Project Budget shall describe all labor and materials costs to be incurred to complete each component of the Project. For each Project component, the Project Budget shall list all intended funding sources, including grant funds, the Grantee's required contribution and all other sources of monies, materials, or labor. The Grantee shall review the plans on- site with ABAG staff. 4. A list of all permits required to complete the Project, including but not limited to environmental documentation. For each such permit, Grantee shall identify the attendant conditions, mitigation measures, fees and the like. The Grantee shall indicate how each attendant condition, mitigation measure, fee and the like is treated in the documents provided under paragraphs I.A.1, 2 and 3 of these Standard Provisions. B. If any portion of the construction to be funded under this Agreement will be performed by third parties ("contractors") under contract with the Grantee, prior to initiating any request for contractor bids, the Grantee shall submit for review and written approval by ABAG the bid package including construction plans and specifications which have been certified or approved as described above. Upon approval by ABAG, the Grantee shall proceed with the bidding process. C. Prior to final selection, the Grantee shall submit to ABAG for written approval the names, addresses and licenses of all contractors that the Grantee intends to hire and any change or clarification to the bid package. D. The work program shall have the same force and effect as if included in the text of this Agreement. However, the work program may be modified without amendment of this Agreement upon the Grantee's submission of a modified work program and ABAG's written approval of it. If this Agreement and the work program are inconsistent, the Agreement shall control. E. The Grantee shall construct the Project in accordance with the approved work program. F. The Grantee shall comply with, fulfill, accomplish or pay each condition, mitigation measure, fee (or the like) identified in paragraph I.A.4 of these Standard Provisions which -3- Construction Grant Agreement are applicable at the completion of the Project. For each condition, mitigation measure, fee (or the like) identified in paragraph I.A.4 of these Standard Provisions which, by its terms, cannot be, or is not required to be, complied with, fulfilled, accomplished or paid by the time the Project is completed, the Grantee shall state in a narrative format, the plan for future compliance or payment. II. SIGNS The Grantee shall erect and maintain signs visible from the nearest public roadway directing the public to the Project. In addition, the Grantee shall erect signs acknowledging ABAG and Conservancy assistance and displaying the Bay Trail and Conservancy logos, unless the Grantee incorporates this acknowledgement into other signage in a manner approved by ABAG. ABAG shall provide specifications for the Conservancy and Bay Trail signs and logo to the Grantee for this purpose. Pursuant to paragraph II.B.2 of the Construction Grant Agreement and paragraph I.A of these Standard Provisions, plans describing the number, design, placement and wording of the signs shall be submitted to ABAG for review and written approval prior to the installation of signs. Final reimbursement may be withheld by ABAG pending placement of the signs in the manner approved by ABAG. III. BONDING If the Grantee intends to use any contractor(s) on any portion of the Project to be funded under this Agreement, construction shall not begin until each such contractor has furnished a performance bond in favor of ABAG and the Grantee, in the following amounts: for faithful performance, one hundred percent (100%) of the contract value; and for labor and materials, one hundred percent (100%) of the contract value. The requirement shall not apply to any contract for less than $20,000. IV. COSTS AND DISBURSEMENTS A. Upon determination by ABAG that all "CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT" have been fully met, ABAG shall disburse to the Grantee, in accordance with the approved Project Budget, a total amount not to exceed the amount of this grant, as follows: The provision of this section with a check mark, "x" or equivalent mark opposite it will apply at the commencement of the Agreement. ❑ PROGRESS PAYMENTS Disbursements shall be made on the basis of costs incurred to date, less ten percent (10%), upon satisfactory progress in accordance with the approved work program and upon the Grantee's submission of a "Request for Disbursement" form, which shall be submitted no more frequently than monthly but no less frequently than quarterly. Disbursement of the ten percent (10%) withheld shall be made upon the Grantee's satisfactory completion of construction of the Project and compliance with the "PROJECT COMPLETION" section of this Agreement, and upon ABAG's acceptance of the Project. -4- Construction Grant Agreement ❑ TASK COMPLETION Disbursements shall be made on the basis of costs incurred to date, less ten percent (10%), upon the Grantee's satisfactory completion of each Project task identified in the approved work program. The final disbursement, together with amounts earlier withheld, shall be made upon the Grantee's satisfactory completion of construction of the Project and compliance with the "PROJECT COMPLETION" section of this Agreement, and upon ABAG's acceptance of the Project. ❑ PROJECT COMPLETION Disbursement shall be made on the basis of costs incurred, upon the Grantee's satisfactory completion of construction of the Project and compliance with the "PROJECT COMPLETION" section of this Agreement, and upon ABAG's acceptance of the Project. B. The Grantee shall request disbursements by filing with ABAG fully executed "Request for Disbursement" forms (available from ABAG). The Grantee shall include on the forms its name and address, the date of the submission, the amount of the invoice, the period during which the work was actually done, and an itemized description of all work done for which disbursement is requested. The forms shall be signed by an authorized official of the Grantee. Each form shall be accompanied by any supporting invoices or other source documents from contractor(s) that the Grantee engaged to complete any portion of the Project funded under this Agreement, and/or by written substantiation of completion of the portion of the Project for which disbursement is requested. With each form, the Grantee shall also submit a supporting progress report summarizing the current status of the Project and comparing it to the status required by the work program (budget, timeline, tasks, etc.). Failure to fully execute and submit a "Request for Disbursement" form, including attachment of supporting documents, will relieve ABAG of its obligation to disburse funds to the Grantee unless and until all deficiencies in the form are rectified. V. EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG BUDGET ITEMS The Grantee shall expend funds in the manner described in the approved Project Budget. The allocation of ABAG's total grant among the items in the Project Budget may vary by as much as ten percent (10%) without approval by ABAG. Any difference of more than ten percent (10%) must be approved in writing by ABAG. ABAG may withhold payment for changes in particular budget items which exceed the amount allocated in the Project Budget by more than ten percent (10%) and which have not received the approval required above. The total amount of this grant may not be increased except by amendment to this Agreement. Any increase in the funding for any particular budget item shall mean a decrease in the funding for one or more other budget items. VI. PROJECT COMPLETION A. Within ninety (90) days of completion of construction of the Project, the Grantee shall supply ABAG with evidence of completion by submitting a final report which includes: -5- Construction Grant Agreement 1. An inspection report by a registered architect or engineer or the Grantee's Public Works Director certifying completion of the Project according to the approved work program. 2. A fully executed final "Request for Disbursement" form. 3. "As built" drawings of the completed Project. 4. If the Project is built by third parties, a copy of a recorded Notice of Completion covering the Project. B. Within thirty (30) days of Grantee's compliance with this section, ABAG shall determine whether the Project has been satisfactorily completed. If ABAG determines that the Project has been satisfactorily completed, ABAG shall issue to the Grantee a letter of acceptance of the Project. The Project shall be deemed complete as of the date of the letter of acceptance. VII. EARLY TERMINATION AND FAILURE TO PERFORM If the Grantee fails to complete the Project in accordance with this Agreement, or fails to fulfill any other obligations of this Agreement prior to the termination date, the Grantee shall be liable for immediate repayment to ABAG of all amounts disbursed by ABAG under this Agreement. ABAG may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed. This paragraph shall not be deemed to limit any other remedies ABAG may have for breach of this Agreement. VIII. OPERATION AND MAINTENANCE A. The Grantee or its successor in interest shall maintain the facilities and structures constructed as part of the Project and shall operate these facilities and structures throughout the term of this Agreement (December 31, 2034) consistent with the purposes for which ABAG's grant was made. The Grantee assumes all operation and maintenance costs of these facilities and structures. Neither ABAG nor the Conservancy shall be liable for any cost of such maintenance, management or operation. The Grantee may be excused from its obligations for operation and maintenance during the term of this Agreement only upon the written approval of ABAG. B. For purposes of this Agreement, "operation costs" include direct costs incurred for material and labor needed for operations, utilities, insurance and expenses necessary to produce gross revenues. "Maintenance costs" include ordinary repairs and replacements of a recurring nature necessary to prolong the life of capital assets and basic structures, and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. IX. INSPECTION Throughout the term of this Agreement, ABAG shall have the right to inspect the Project area to ascertain compliance with this Agreement. -6- Construction Grant Agreement X. LIABILITY A. The Grantee shall be responsible for, indemnify and save harmless ABAG, the Bay Trail Project and State of California (the "State"), and their respective members, directors, officers, agents and employees from any and all liabilities, claims, demands, damages or costs resulting from, growing out of, or in any way connected with or incident to this Agreement, except for active negligence of ABAG, its directors, officers, agents or employees. The duty of the Grantee to indemnify and save harmless includes the duty to defend as set forth in Civil Code Section 2778. C:1 PUBLIC ENTITY GRANTEES: This Agreement supersedes the Grantee's right as a public entity to indemnity (see Gov. Code Section 895.2) and contribution (see Gov. Code Section 895.6) as set forth in Gov. Code Section 895.4. B. The Grantee waives any and all rights to any type of express or implied indemnity or right of contribution from ABAG, the Bay Trail Project, the State, and their respective members, directors, officers, agents or employees, for any liability resulting from, growing out of, or in any way connected with or incident to this Agreement. C. The provision of this section with a check mark, "x" or equivalent mark opposite it will apply at the commencement of the Agreement. E . Throughout the term of this Agreement, the Grantee shall provide and maintain public -liability and property -damage insurance for liability assumed by the Grantee under this Agreement with minimum limits of liability as follows: a single limit for bodily injury (including death) and property damage liability combined of $2,000,000 each occurrence and $2,000,000 in the aggregate. This insurance shall be issued by a company or companies admitted to transact business in the State. The liability insurance policy shall contain an endorsement specifying that ABAG, the Bay Trail Project and the State, and their respective members, officers, directors, agents and employees are included as additional insureds for any liability resulting from, growing out of, or in any way connected with or incident to this Agreement. The policy will not be cancelled or reduced in coverage without thirty (30) days' prior written notice to ABAG. ABAG is not responsible for premiums and assessments on any insurance policy. If at the commencement of this Agreement, the Grantee self -insures for bodily injury, personal injury and property damage liability, the Grantee shall submit written evidence of such self-insurance for approval by ABAG, at its sole discretion. If at any time during the term of the Agreement, the Grantee ceases to be self- insured, the Grantee shall comply with insurance requirements set forth in the preceding section. -7- Construction Grant Agreement D. Nothing in this Agreement is intended to create in the public or in any member of it rights as a third party beneficiary under this Agreement. XI. LOSS INSURANCE The provision of this section with a check mark, "x" or equivalent mark opposite it will apply at the commencement of the Agreement. ❑ Throughout the term of this Agreement, the Grantee shall provide and maintain insurance against fire, vandalism and other loss, damage, or destruction of the facilities or structures constructed pursuant to this Agreement. This insurance shall be issued by a company or companies admitted to transact business in the State. The insurance policy shall contain an endorsement specifying that the policy will not be cancelled or reduced in coverage without thirty (30) days' prior written notice to ABAG. ❑ If at the commencement of this Agreement, the Grantee self -insures against fire, vandalism and other loss, damage, or destruction of the facilities or structures constructed pursuant to this Agreement, the Grantee shall submit written evidence of such self- insurance for approval by ABAG, at its sole discretion. If at any time during the term of the Agreement, the Grantee ceases to be self-insured, the Grantee shall comply with insurance requirements set forth in the preceding section. ABAG is not responsible for premiums and assessments on any insurance policy. XII. AUDITS/ACCOUNTING/RECORDS The Grantee shall maintain standard financial accounts, documents, and records relating to the construction of the Project. The Grantee shall retain these documents for three (3) years following the date of final disbursement by ABAG under this Agreement, regardless of the termination date. The documents shall be subject to examination and audit by ABAG and the Bureau of State Audits during this period. The Grantee may use any accounting system which follows the guidelines of "Generally Accepted Accounting Practices" published by the American Institute of Certified Public Accountants. XIII. NONDISCRIMINATION During the performance of this Agreement, the Grantee and its contractors shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment because of sex, race, religion, color, national origin, ancestry, disability, medical condition, marital status, age (over 40) or denial of family -care leave, medical -care leave, or pregnancy disability leave. The Grantee and its contractor(s) shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. The Grantee and its contractor(s) shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code Section 12900 et seq.) and the applicable regulations (California Code of Regulations Title 2, Section 7285.0 et seq.). The regulations of the Fair Employment and Housing Commission regarding Contractor Nondiscrimination and Compliance (Chapter 5 of Division 4 of Title 2 of the California Code of Regulations) are incorporated into -8- Construction Grant Agreement this Agreement. The Grantee and its contractor(s) shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This nondiscrimination clause shall be included in all contracts and subcontracts entered into to perform work provided for under this Agreement. XIV. ASSIGNMENT Without the written consent of ABAG, this Agreement is not assignable by the Grantee in whole or in part. XV. TIMELINESS Time is of the essence in this Agreement. XVI. ABAG's DESIGNEE Janet McBride is ABAG's Project Manager who shall have authority to act on behalf of ABAG with respect to this Agreement. XVII. AMENDMENT Except as expressly provided in this Agreement, no changes in this Agreement shall be valid unless made in writing and signed by the parties to the Agreement. No oral understanding or agreement not incorporated in this Agreement shall be binding on any of the parties. XVIII. Locus This Agreement is deemed to be entered into in the County of Alameda. The parties have caused this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effective as of the 4th day of December 2000. ASSOCIATION OF DAY AREA GOVERNMENTS GRANTEE -CITY OF SAN RAFAEL By F ugene Y. Leong, Executiv irector APPROVED AS TO FORM By Kenne K. 1:\AIIStaff\KENNETHMXBAY\K\Construction Agr for Grantee 5-00,doc -9- 7— By��� ROD GOULD, City Manager ATTEST: J E&4&A AJ . _ WX4ffA M M. AEONCINI, ity Clerk 7 tr— C T. R' VHI.ANTI,Xity Attorney Construction Grant Agreement EXHIBIT A Project Location ., aROtiY } t ower° / loc44(L-)I-\ � pyENr� C+ Y V. lit Bov 0 'Aso :M4 IX On. Irk � ��. �` r'•-... ♦�`...+' .... � sT � � +-� %%•`1 eC�� .�� '.iy e,;yd y../'t.'S.- ,`�� 7A rip vy Ito XM . 0-1 IA� Tau Ow e 000" judoop Obawstiot' � AgS6 11 "' C'Uf t4 :l Publicly Owned t Privately Owned A Unimproved I 4 1 . 1U06' San Rafael Shorelin Park Pickleweed Park S A N RAFAEL . B A Y C Sprinnaker/Baypoint a 7 C) a Canalways I r J t PONDING AREA SHORELINE GREEN MMWB Pond Q�. Bayview Marsh o � Fairview b b� Y South Pond .� Grange Bay Park SOUPM Son Rafoo ^Connunity Develoonen, Decnrctent. December 1997 (2197 EXHIBIT B Project Description F\ U-TIA C C4 m6j -C 3 R,g) (6,4LEFi- PLAIJ Attachment 3 Detailed Site Description The Shoreline Green section of the City's Shoreline Park/Bay Trail, 1,000 fee: m length (100 feet wide), consists of a levee along the bay, vegetation, an unimproved dirt pig, and an elevated undeveloped fill area along the western edge of the trail. The elevated fill area is a capped landfill rising to elevation 18 along the park end. This prominent land form affords excellent views of the Bay and surrounding areas. The levee consists of rock and concrete rubble. Some vegetation may be found within this levee area. Vegetation along the undeveloped levee consists primarily of non-native weedy species. Iceplant, Fennel, and French Broom can be found in this area. Habitat areas include the MMWD Pond (adjacent to South of the this section of the trail). The San Francisco Bay is the primary water resource which influences all aspects of the site and is used by a wide variety of waterbirds including diving ducks, cormorants, loons, and grebes. Adjacent land uses include: the Shoreline Center(west) which features The Home Depot and a BMW car dealership; the Shoreline Park; a storage yard(west); the MMWD Pond(south); and the vacant Canalways site(north). A City maintenance road enters this section at the far northeast corner. A subterranean city pump vault requiring occasional access is also at the north end of the parcel. City aerial maps are currently being updated and are unavailable at this time. EXHIBIT C-1 Notice of Nonresponsibility (version 1— use if property site has a street address) NjP� RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: (Name) (Street Address) (City, State & Zip) THIS SPACE FOR RECORDER'S USE ONLY NOTICE OF NON -RESPONSIBILITY NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is an owner of the interest or estate stated below. 2. The full name of the owner is 3. The full address of the owner is 4. The nature of the interest or estate of the owner is 5. The full names and full addresses of all co-owners, if any, who hold any title or interest with the undersigned in the property are 6. The name of the purchaser under contract, if any, is 7. The name of the lessee, if any, is 8. The undersigned will not be responsible for any claims arising from the work of improvement on the herein described property. 9. The street address of said property is 10. The property subject to the said work of improvement is in the City of County of State of California, and is described as follows: VERIFICATION I, undersigned, say: I am the (President, Agent, etc.) owner of the aforesaid interest or estate in the property described in the above notice; I have read the foregoing notice and know and understand the contents thereof, and the facts stated herein are true and correct. I declare under penalty of perjury that the foregoing is true and correct. Executed on (month & day), (year), at , (city), (state). EXHIBIT C-2 Notice of Nonresponsibility (version 2 — use if property site does not have a street address) tq(l RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: (Name) (Street Address) (City, State & Zip) THIS SPACE FOR RECORDER'S USE ONLY NOTICE OF NON -RESPONSIBILITY NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is an owner of the interest or estate stated below. 2. The full name of the owner is 3. The full address of the owner is 4. The nature of the interest or estate of the owner is 5. The full names and full addresses of all co-owners, if any, who hold any title or interest with the undersigned in the property are 6. The name of the purchaser under contract, if any, is 7. The name of the lessee, if any, is 8. The undersigned will not be responsible for any claims arising from the work of improvement on the herein described property. 9. The property is described in Exhibit A. 10. The property subject to the said work of improvement is in the City of County of State of California, and is described as follows: VERIFICATION I, undersigned, say: I am the (President, Agent, etc.) owner of the aforesaid interest or estate in the property described in the above notice; I have read the foregoing notice and know and understand the contents thereof, and the facts stated herein are true and correct. I declare under penalty of perjury that the foregoing is true and correct. Executed on (month & day), (year), at , (city), (state).