HomeMy WebLinkAboutCC Resolution 10323 (Shoreline Park Trail)RESOLUTION NO. 10323
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO SIGN A COOPERATIVE FUNDING
AGREEMENT FOR DEVELOPMENT OF THE
SAN FRANCISCO BAY TRAIL AT SAN RAFAEL BAY FRONTAGE
ALONG SHORELINE PARK (P97-4)
WHEREAS, the State Legislature has established funding for 1997/98 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 December 199-7 for grant funds to
improve a section of the Bay Trail along Shoreline Park; and
WHEREAS, on January 28, 1998, the Association of Bay Area Governments
announced San Rafael as a recipient of a $72,672 grant for Bay Trail
improvements.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Rafael hereby authorizes the City Manager to execute the Cooperative
Funding 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 City Council of said City held on Monday, the 19`" day of October, 1998 by the
following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JER� M. LEONCINI, City Clerk
COOPERATIVE FUNDING AGREEMENT
FOR DEVELOPMENT OF THE SAN FRANCISCO BAY
TRAIL AT SAN RAFAEL BAY FRONTAGE
This Agreement is made and entered into this 20'h day of October, 1998, by and between the
ASSOCIATION OF BAY AREA GOVERNMENTS ( hereinafter "ABAG") and the CITY OF
SAN RAFAEL (hereinafter "CITY").
RECITALS
WHEREAS, the California Conservation Corps, State of California (CCC herein) provides
grant funds, administered by ABAG, to local agencies for the development of trail facilities; and
WHEREAS, in 1998, CITY has applied for and has been awarded a grant of $72,672.00 to
assist in the development and construction of a portion of the San Francisco Bay Trail at the San
Rafael Bay Frontage ("PROJECT", herein); and
WHEREAS, CITY is prepared and agreeable to act as Project Manager for PROJECT; and
WHEREAS, ABAG and CITY mutually desire to cooperate in completing PROJECT and
to specify herein the terms and conditions under which said PROJECT will be designed, developed,
constructed, financed and maintained.
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
PROJECT COORDINATION.
A. ABAG. The PROJECT DIRECTOR shall be the representative of ABAG for all
purposes under this Agreement and shall supervise all aspects of the progress and execution of this
Agreement.
B. CITY. The Community Development Director of CITY shall be the representative
of CITY for all purposes under this Agreement and shall supervise all aspects of the progress and
execution of this Agreement.
2. DUTIES OF CITY.
CITY shall perform the following:
A. To construct or cause to be constructed PROJECT, as described in Attachment "I",
attached hereto and incorporated herein.
B. To construct PROJECT in accordance with the guidelines and regulations
prescribed by ABAG and CCC.
C. To retain, or cause to be retained, for audit all records and accounts relating to
PROJECT for two years after completion of PROJECT.
D. To provide plans, specifications and project management for PROJECT.
COPY
E. To operate and maintain PROJECT when complete.
F. To submit Payment Requests to ABAG on a reimbursement basis.
G. To limit the expenditure of the funds of this Agreement to within the limits of the
funding grant for PROJECT not to exceed $72,672.00, and to expend the funds before April 1,
1999.
H. To complete PROJECT prior to April 1, 1999, including all necessary items.
I. CITY shall notify ABAG if and when CITY contracts or subcontracts with others
to perform any of the duties and obligations CITY is required to perform under this Agreement.
ABAG shall forward such notification to any other agencies of local, state or federal government
that may be required.
J. CITY, its agents and/or employees, pursuant to Government Code section 87100,
will not make, participate in making, or in any way attempt to use its position as subgrantee with
the State, to influence a governmental decision in which it knows or has reason to know it has a
material financial interest.
K. CITY shall submit to ABAG, regular Request for Payment (invoices) in arrears, in
triplicate, for all of the services performed by CITY or its contractor or subcontractors, under the
provisions of this Agreement. The Request for Payment shall include a brief narrative summary of
the progress on PROJECT since the last Request for Payment, and shall include itemized
descriptions of the materials and services for which the Request for Payment is submitted. CITY
shall represent that all costs claimed are within PROJECT's budget submitted by CITY in
obtaining the grant, and CITY shall date and sign the Request for Payment.
L. CITY shall not use funds budgeted under this Agreement for entertainment
expenses, professional dues or subscriptions for CITY's staff or officials. CITY shall not use
funds budgeted under this Agreement for the purchase of any furniture and equipment, other than
items constructed on the site of, and as an integral part of, the PROJECT.
DUTIES OF ABAG.
ABAG shall perform the following:
A. In a timely manner, not to exceed ten (10) days from receipt, ABAG shall execute
and submit Requests for Payment ( invoices) received from CITY to CCC for payment.
B. In a timely manner, not to exceed ten (10) days from receipt, ABAG shall forward
funds received from CCC to CITY.
4. COMPENSATION.
A. CITY understands that ABAG's funding for this project originates from the CCC,
and CITY will cooperate with ABAG in providing all necessary documentation to process CCC's
payment of funds in a timely manner.
B. The compensation to be paid to CITY by ABAG as provided herein, shall be
compensation for all of CITY's expenses incurred in the performance hereof, including travel and
2
per diem, unless otherwise expressly so provided.
C. Funding for the fiscal years covered by this Agreement shall be contingent upon
funds being appropriated by the State Legislature or otherwise made available to CCC, and
subsequently, to ABAG for the purposes of performing this Agreement. If sufficient funding is not
available, ABAG has the option of immediately voiding this Agreement by giving CITY written
notice pursuant to the provisions of section 6 herein. CITY's duties and obligations hereunder
shall be similarly conditioned.
TERM OF AGREEMENT.
The term of this Agreement shall commence on October 20, 1998 and terminate on
completion of PROJECT, unless terminated earlier pursuant to the provisions of section 6 herein.
6. TERMINATION.
A. Voluntary. The parties may terminate this Agreement by mutual written consent at
any time.
B. Effect of Termination. Upon receipt of notice of termination, neither party shall
incur additional obligations under any provision of this Agreement without the prior written
consent of the other.
7. INSPECTION AND AUDIT.
Upon reasonable notice, CITY shall make available to CCC, ABAG or their authorized
agents, for inspection and audit, all documents and materials maintained by CITY in connection
with its performance of its duties under this Agreement. CITY shall fully cooperate with CCC,
ABAG or their authorized agents in any such audit or inspection. This obligation of CITY shall
survive for two (2) years after the final payment under this Agreement.
8. ASSIGNABILITY.
The parties agree that they shall not assign or transfer any interest in this Agreement nor the
performance of any of their respective obligations hereunder, without the prior written consent of
the other party, and any attempt to so assign this Agreement or any rights, duties or obligations
arising hereunder shall be void and of no effect.
9. INDEMNIFICATION.
CITY shall indemnify, release, defend and hold harmless ABAG, CCC, their officers,
agents, and employees, against any claim, demand, suit, judgment, loss, liability or expense of any
kind, including attorney's fees and administrative costs, arising out of or resulting in any way, from
any negligent acts or omissions of CITY or CITY's officers, agents, employees and volunteers in
the performance of their duties and obligations under this Agreement.
10. NONDISCRI IINATION.
A. During the performance of this Agreement, CITY, its contractors and
subcontractors will not unlawfully discriminate against any employee or applicant for employment
because of race, religion, color, national origin, ancestry, physical handicap, medical condition,
marital status, age (over 40) or sex. CITY shall comply with the provisions of the Fair
3
Employment and Housing Act (Government Code section 12900, et seq.) and the applicable
regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et
seq.).
B. CITY shall include the nondiscrimination and compliance provision of this clause
in all contracts or subcontracts to perform work on PROJECT under this Agreement.
C. CITY's signature affixed on this agreement shall constitute a certificate under the
penalty of perjury under the laws of the State of California that CITY has, unless exempted,
complied with the nondiscrimination program requirements of Government Code section 12990,
and California Administrative Code, Title 2, Section 8103.
11. COMPLIANCE WITH ALL LAWS.
A. It is expressly understood and agreed that CITY will comply with all applicable
laws and regulations of the State of California, and all applicable CCC policies which are
specifically made known to CITY. Additionally, by signing this Agreement, CITY assures the
State that it complies with Americans with Disabilities Act (ADA) of 1990 (USC section 02101 et
seq.), which prohibits discrimination on the basis of disability, as well as with all applicable
regulations and guidelines issued pursuant to the ADA.
B. CITY agrees that ABAG, or its designee, shall have the right, upon reasonable
notice and during regular business hours, to review, obtain and copy, at ABAG's sole expense, all
records pertaining to the performance of the Agreement. CITY agrees to provide ABAG or its
designee, with any relevant information requested and shall permit ABAG or its designee access to
its premises, upon reasonable notice and during regular business hours, for the purpose of
inspecting and copying such books, records, accounts and other materials relevant to determination
of compliance with Public Contract Code section 10115, et seq., and Title 2, CCR, section 1896.60,
et seq., to the extent these statutes, rules and regulations have any legal effect after the passage of
Proposition 209.
12. NO THIRD PARTY BENEFICIARIES
Parties do not intend, by any provision of this Agreement, to create in any third party, any
benefit or right owed by one party, under the terns and conditions of this Agreement, to the other
parry.
13. NOTICES.
All notices and other communications required or permitted to be given under this
Agreement, including any notice of change of address, shall be in writing and given by personal
delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the
parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or
if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as
follows:
TO CITY: Robert M. Brown, Community Development Director
(Project Manager)
City of San Rafael
1400 Fifth Avenue
P.O. Box 151560
San Rafael, CA 94915-1560
4
TO ABAG: Janet McBride, San Francisco Bay Trail Project Manager
(Project Director)
ABAG
P.O. Box 2050
Oakland, CA 94604-2050
14. INDEPENDENT CONTRACTOR.
For the purposes, and for the duration, of this Agreement, CITY, its officers, agents
volunteers and employees shall act in the capacity of an Independent Contractor, and not as
employees of ABAG or CCC. The parties expressly intend and agree that the status of CITY its
officers, agents, volunteers and employees be that of an Independent Contractor and not that of an
employee of ABAG or CCC.
15. ENTIRE AGREEMENT -- AMENDMENTS.
A. The terms and conditions of this Agreement, all exhibits attached, and all
documents expressly incorporated by reference, represent the entire Agreement of the parties with
respect to the subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or
written, regarding the subject matter between the ABAG and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the subject
matter of this Agreement, shall be valid or binding, except by way of a written amendment to this
Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified except
by a written amendment to this Agreement signed by the ABAG and the CITY.
E. If any conflicts arise between the terms and conditions of this Agreement, and the
terms and conditions of the attached exhibits or the documents expressly incorporated by reference,
the terms and conditions of this Agreement shall control.
16. WAIVERS.
The waiver by either party of any breach or violation of any term, covenant or condition of
this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any
other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or
violation of the same or other term, covenant, condition, ordinance, law or regulation. The
subsequent acceptance by either party of any fee, performance, or other consideration which may
become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding
breach or violation by the other party of any term, condition, covenant of this Agreement or any
applicable law, ordinance or regulation.
17. DISPUTE RESOLUTION.
Should any dispute arise between the parties regarding the interpretation or performance of
this Agreement, the parties prior to any formal action, shall make a timely attempt, not to exceed
fifteen (15) days from the onset of the dispute, to discuss and resolve the matter. If resolution is not
reached, CITY shall notify, within fifteen (15) days, in writing, the Executive Director of ABAG,
5
of the existence and nature of the dispute. Any dispute concerning the interpretation of or
performance required under, this Agreement shall be decided by the Executive Director of ABAG,
who shall state the factual basis for the decision in writing and shall serve a copy of the decision on
CITY, within thirty (30) days of submission to the Director.
The prevailing party in any action brought to enforce the terms and conditions of this
Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs
(including claims administration) and attorney's fees expended in connection with such action.
18. Time is of the essence of the Agreement.
19. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL
ZT-61 DXC LelU-11-
ATTEST:
'Y -T.
Clerk
City Attorney
ASSOCIATION OF BAY AREA GOVERNMENTS
By
Name: gene II/ ona
Title: Execut Ne Director
APPROVED AS TO FORM:
Name: Ken plov
Attorney for ABAG)
ATTAC111VVIENT 1
The project consists of a jogging and biking pathway for approximately a tenth of a mile
along the top of the levee between the San Francisco Bay and the MMWD Pond. This
segment of the Bay Trail in San Rafael is located on the MMWD Pond section of
Shoreline Park, and is an extension of the completed portion of Shoreline Park along
Bayview Marsh. The total project cost is $129,122. In addition to the ABAG Grant, the
project will be funded through the Marin Conservation League (MCL), a $30,000 Grant
from the Marin Community Foundation, volunteer contributions, and $20,000 in-kind
donations from the City of San Rafael.
The project is a partnership, as well, between the California Conservation Corps (CCC) and
the Marin Conservation Corps (MCC). The CCC will be contracted to assist with site
preparation, and provision of landscape plantings, which includes purchase from the Napa
Nursery and installation. Remaining work for the fencing and mulch will be divided on a
basis agreed to by CCC and MCC. Work by MCC is not covered by this grant.
Grant funds will be used for site preparation, path construction, installation of the
irrigation system, purchase and planting of the native landscaping, and contingency
funding.
A detailed plan of action and timetable for project start and completion
TASK 1.0
UNDERTAKE PROJECT START-UP, WORK PROGRAM REFINEMENT AND
Ongoing
CONTINUING PROJECT MANAGEMENT AND ADMINSTRATIVE TASKS
1.1 Refine and track work program (City)
1.2 Contract management (City)
1.3 Coordinate with volunteers (City, MCL)
1.4 Organize ground -breaking ceremony (City, MCL)
1.5 Organize dedication ceremony (City, MCL)
TASK 2.0
PREPARE CONSTRUCTION DOCUMENTS
Summer 1998
2.1 Develop construction drawings and specifications (MCL)
2.2 Review and approve construction documents (City)
TASK 3.0
PREPARE SITE FOR CONSTRUCTION
3.1 Clear fennel, ice plant, others/cut and paint with Rodeo (CCC/City)
April 1998
3.2 Improve planting areas by importing soil (MCC/CCC)
Summer 1998
TASK 4.0
INSTALL LOWER FENCING AND IRRIGATION
4.1 Install lower fencing (four foot link) (contract/MCL)
Summer 1998
4.2 Install irrigation system (contract/MCL)
Summer 1998
TASK 5.0
CONSTRUCT PATHS
Fall 1998
I 5.1 Construct bicycle and jogging paths (contract)
TASK 6.0
INSTALL LANDSCAPING, AMENITIES, AND PATH FENCE
Fall 1998
6.1 Install landscaping (MCC/CCC/MCL)
6.2 Install amenities (MCC/CCC/MCL)
6.3 Install path fencing (MCC/CCC/MCL)
TASK 7.0
MAINTENANCE
1999-2000
7.1 Maintain park (City/MCC or CCC/MCUvolunteers)
ESTIMATED BUDGET
Description of Work
Estimate
Site Preparation
9,565
Demolition/Site Preparation/Education Programs
10,000
Landscape Construction (Materials and Labor)
14,347
Asphalt Paving
16,000
Crushed Stone Jogging Path
15,500
Crushed Stone Paving
1,200
Post and Cable fence
5,800
Link fence
12,700
Irrigation and vegetation (Materials and Labor)
Shrubs
4,570 "
Groundcover
590
Hydroseed
3,840
Irrigation
14,125
Mulch
4,000 "
2 Year Maintenance
7,320
SUBTOTAL
95,645
SUBTOTAL
95,645
Design
9,565
Construction Management
9,565
Contingency
14,347
TOTAL
129,122
* Provided by CCC.
STATE OF CALIFORNIA —THE RESOURCES _ENCY
CALIFORNIA CONSERVATION CORPS
Financial Management Division
1719 24th Street, Sacramento, CA 95816
(916) 341-3269
?ECD -CITY CLKi
?3 NOV 99 Z_; 57
Mr. Rod Gould
City Manager
City of San Rafael
PO Box 15156 (1400 Fifth Avenue)
San Rafael, CA 94915-1560
November 17, 1999
Subject: CCC Agreement #98-2818-622R
Dear Mr. Gould:
Enclosed for your files is a fully executed copy of the above referenced
agreement.
i
Gray Davis, Govemor
If you have any questions or need additional information, you may contact me
at (916) 341-3269.
Sincerely,
Lynne Strickler
Contract Analyst
LS:Is
Enclosure
cc: Martine Carlton, Project Coordinator
Pacific Bays/ North Satellite Operations
The Mission of the California Conservation Corps is to provide meaningful work and educational opportunities to assist young men and
women in becoming more employable, while protecting and enhancing California's environment, human resources and communities.
STATE OF CALIFORNIA
AGREEMENT ADDENDUM
CCC -96A (REV. 5/95)
Agreement #: 98-2818-662R
(CCC Contract Officer Assigns)
CALIFORNIA CONSERVATION CORPS
Page 1 of _2_
Index #: 818 CCC Work Code: R 98-1233
(Center Project Manager Assigns)
A] The California Conservation Corps (CCC), agrees to provide crew labor for the project titled:
See CCC -58: Project Evaluation Form for details.
Shoreline Park Bay Trails
(Check box and complete reverse if multi-year) ❑ • FIRST YEAR FISCAL DISPLAY FY _97/98
B] The term of this LABOR Hours Rate/Hr Totals
agreement shall be: CM Regular Time: 272.00 $ 15.00 $ 4,080.00
FROM: 03-01-97 CM Overtime: I $ I $
TO: 12-31-99 Performance -Based Labor: $
Staff Billable Regular Time: $
Staff Overtime : $
EXPENSES
C] Sponsor agrees to reimburse Equipment: $
the CCC for estimated costs in Tools: $
accordance with the Fiscal Materials: $
Display. Vehicle Operations: $
Consulting: $
Other: $
NOTE TO SPONSOR: See Section D. TOTAL: $ 4,080.00
Budget detail will not be provided on performance based
contracts.\
D] The total amount payable by Sponsor to CCC under this agreement shall not
exceed......................................................... $
gs
E] The CCC shall forward billing for labor and/or operating expenses with
supporting documentation in triplicate to Sponsor ® quarterly
Sponsor agrees to pay CCC within 50 days from receipt of bill.
Negotiated Advance Payments $ 0
■ Sponsor Organization: ■ STATE OF CALIFORNIA
California Conservation Corps
Date: Date:
Signature:
Print: Kp 4J
Title: G, h j /"f 4
■ SPONSOR MAILING ADDRESS
Clrty o�* San RaAd
!x'00 Firto Ame Aax I VF6
saw 64104e, CA 9 y 9is /560
■ SPONSOR BILLING ADDRESS:
SQ`ne as aL4rj4o
Signature: -
Prin . eg Edwards, Iscal Manager
Ice of Fiscal Management
■ CCC DISTRICT VERIFICATION
Conservation Supervisor
Business Services
■ FORWARD PAYMENTS TO:
California Conservation Corps
Accounting/Receivables
1719 24th Street
Sacramento, CA 95816
STATE OF CALIFORNIA
CALIFORNIA CONSERVATION CORPS
AGREEMENT ADDENDUM
CM Regular Time: $
Page 2 of_2_
CCC -96A (REV. 5/95)
CM Overtime: $
I I
$
TO:
• Second Fiscal Year _98_/99_
LABOR Hours Rate/Hr
Totals
$
CM Regular Time:
288
$ 15.00
$
4,320.00J
FROM: 07-01-98
CM Overtime:
$
I $ I
$
$
QCT 2 0 1999
TO: 06-30-99
Performance Contract Labor:
$
Vehicle Operations:
$
Staff BILLABLE Regular Time Total:
$
---''
Other:
$
Staff Overtime Total:
$
$
EXPENSES
$
Equipment:
$
Tools:
$
Materials:
$
Vehicle Operations:
$
Consulting:
$
Other:
$
See Section D. TOTAL:
$
4,320.0
Negotiated Advance Payments:
$
• Third Fiscal Year 99_/00_
LABOR Hours Rate/Hr
Totals
CM Regular Time]
1106.66I
$ 15.00 I
$
16,600.00 -
FROM: 07-01-99
CM Overtime:
$ 1
$
TO: 12-31-99
Performance Contract Labor:
$
Staff BILLABLE Regular Time Total:
$
Staff Overtime Total:
$
EXPENSES
Equipment:
$
Tools:
$
Materials:
$
Vehicle Operations:
$
Consulting:
$
Other:
$
See Section D. TOTAL:
$
16,600.00
Negotiated Advance Payments $
• Fourth Fiscal Year _/_
LABOR Hours Rate/Hr
Totals
CM Regular Time: $
$
FROM:
CM Overtime: $
I I
$
TO:
Performance Contract Labor:
$
Staff BILLABLE Regular Time Total:
$
Staff Overtime Total:
$
EXPENSES
Equipment:
$
Tools:
$
QCT 2 0 1999
Materials:
$ '
Vehicle Operations:
$
Consulting:
$
---''
Other:
$
See Section D. TOTAL:
$
Negotiated Advance Payments:
$