HomeMy WebLinkAboutCC Resolution 9232 (Lucas Valley Interchange Improvements)RESOLUTION NO. 9232
A RESOLUTION OF THE CITY OF SAN RAFAEL
ACCEPTING PROPOSAL FROM THE STATE OF
CALIFORNIA FOR RIGHT OF WAY ENGINEERING
SERVICES FOR THE LUCAS VALLEY INTERCHANGE
IMPROVEMENT PROJECT IN THE AMOUNT OF
$15,000
WHEREAS, the State of California, Department of
Transportation, has recently approved the preliminary alignment of the
Lucas Valley Interchange Improvement project; and
parcel; and
WHEREAS, said alignment necessitates the acquisition of one
WHEREAS, the State has provided the City with a proposal to
perform right of way engineering services; and
acceptable.
WHEREAS, staff have reviewed the proposal and find it
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of San Rafael to accept the proposal from the State of California for right
of way engineering services in the amount of $15,000.
BE IT FURTHER RESOLVED that the Mayor and City Clerk are
hereby authorized to execute said proposal, copy of which is attached hereto
and incorporated herein on behalf of the City of San Rafael.
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 Monday, the 3rd
day of October, 1994, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Thayer, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller
JE �EM. ONCI City Clerk
ORIGINAI
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EA/Series 124702-01
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into this 1'5+ day of
l kc�2•+r. , 19q-51-, between the Citv of San Rafael (hereinafter referred to as
"CITY") and State of California, Department of Transportation (hereinafter referred to as
"STATE").
-RECITALS-
The CITY desires right of way engineering services (hereinafter referred to as
"Services") in connection with the highway improvements to the west side of State Route 101
interchange at Lucas Valley Road in Marin County (hereinafter referred to as "Project").
The STATE represents that it is qualified and able to provide the Services and has
right of way staff to perform the Services described herein.
-AGREEMENT-
The STATE hereby agrees to perform the Services subject to the terms and conditions
contained herein and for the consideration as hereinafter set forth:
1. Said Services includes the completion of the required field work, research,
Right of Way engineering hard copy, appraisal map, and a grant deed for the
one (1) parcel required for Project.
2. The STATE shall not sublet or transfer any of the work except as is otherwise
provided in this Agreement. In the event that any such other persons are
retained by STATE, STATE hereby warrants that such persons shall be fully
qualified to perform services required hereunder. STATE further agrees that
no subcontractor shall be retained by STATE except upon prior written
approval of CITY. Subcontracts, if approved,shall contain all required
provisions of the prime contract.
3. The STATE warrants that he/she has not employed or retained any company,
firm or person, other than a bona fide employee working solely for him/her, to
solicit or secure this Agreement, and that he/she has not paid or agreed to pay
any company, firm or person, other than a bona fide employee working solely
for him/her, any fee commission, percentage, brokerage fee, gifts or any other
consideration contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, the CITY shall have the
right to terminate this Agreement without liability.
4. The STATE shall indemnify, defend and save harmless the CITY, its officers,
agents and employees from any and all claims and losses accruing or resulting
to any and all contractors, subcontractors, materialmen, laborers and any other
person, firm or corporation furnishing or supplying work, services, materials
or supplies in connection with the performance of this contract, and from any
and all claims and losses accruing or resulting to any person, firm or
corporation who may be injured or damaged by the STATE in the performance
of this contract.
5. The STATE, and the agents and employees of STATE, in the performance of
this Agreement, shall act in an independent capacity and not as officers or
employees of the CITY.
6. The STATE shall perform all services required under this Agreement in a
careful, diligent and professional manner and shall be responsible for errors
and omissions for services performed by it and its employees and agents under
the terms of this Agreement.
7. The STATE, and any subcontractor, shall maintain all books, documents,
papers, accounting records and other evidence pertaining to costs incurred on
the Services and shall make all such materials available at any reasonable time
during the term of work on the Services and for three (3) years from the date
of acceptance of final documents by CITY for work performed by the STATE
on the Services as authorized by the CITY. The CITY, State, Federal
Highway Administration, U.S. Department of Transportation and Comptroller
General of the United States, or any of their duly authorized representatives,
shall have access to any books, documents, papers and records of the STATE
which are directly pertinent to this Agreement for the purpose of making audit,
examination, excerpts and transcriptions. Also, records supporting cost
proposals shall be available for review by authorized representatives of the
CITY, State and Federal government, and if such data is used to support a
contract entered into with the CITY, it shall be subject to a three-year
retention period.
8. The STATE shall commence work on the Services upon receipt of copies of
the control line information, V = 50' scale topographical mapping, the final
right of way requirements (all of the foregoing based upon Caltrans NAD '27
coordinates), and title report from the CITY. This Agreement will be
considered terminated upon completion of said Services by STATE or in
the event the initiation of said Services has been delayed beyond May 1, 1995,
whichever occurs :first, unless extended by written Agreement between the
parties.
9. The CITY agrees to pay STATE an amount not to exceed fifteen thousand
dollars ($15,000.00) for the performance of said Services by the STATE.
This sum shall cover the cost of all staff time and all other direct and indirect
costs or fees, incluu'ing the work of employees, consultants, and subcontractors
to STATE. Payment to the STATE by CITY shall be made in accordance with
the schedule set forth below:
9a. The CITY agrees to deposit funds in the amount of fifteen
thousand dollars ($15,000.00) prior to commencement of Services.
Upon execution of this Agreement , the STATE shall submit an
invoice to the CITY in the amount of fifteen thousand dollars
($15,000.00) and CITY hereby agrees to deposit with STATE said
funds within forty-five days of receipt of invoice. Deposit
instructions shall accompany the invoice. Said deposit shall not accrue
interest. Upon completion of Services and acceptance thereof by
CITY, STATE shall refund to CITY the amount of deposit in excess of
the actual cost to STATE for performance of said Services, if
applicable. Such refund shall occur within sixty (60) days of
acceptance of all final documents by CITY.
b. If major changes in the scope, character, or total costs of the Services
becomes necessary, the CITY and the STATE may enter into a
Supplemental Agreement or new Agreement in writing to address these
changes.
C. Payments for updating of any reports or services by the STATE, when
requested in writing by CITY, and not included in STATE's proposal,
shall be paid on a reimbursement basis via a Supplemental Agreement
to the mutual acceptance of both parties hereto. Payment for additional
Services shall be made by CITY in accordance with invoices submitted
by STATE and other said invoices are received and approved by CITY.
No modification, waiver, termination, or amendment of this
Agreement is effective unless made in writing and signed
by the CITY and the STATE.
10. Any and all notices demands, invoices, and written communication between
the parties hereto shall be addressed as set forth in this paragraph. The below
named individuals furthermore shall be those persons primarily responsible for
the performance by the parties under this Agreement:
Director of Public Works
City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94915
Deputy District Director, Right of Way
Caltrans
111 Grand Avenue
Oakland, CA 94612-3771
Any such notices, demands, invoices, and written communication by mail shall
be deemed to have been received by the address ninety-six (96) hours after
deposit thereof in the United States mail, postage prepaid and properly
addressed as set forth above.
12. The following individuals shall be primarily responsible for management and
oversight of the performance of this Agreement.
For CITY: Andrew Preston, Senior Civil Engineer
For STATE: Paul Kenny, Right of Way Agent
Should this designation change, the changing party shall notify the other party
in writing.
13. This Agreement may be terminated by either party upon the issuance of a
written notice of termination at least fifteen (15) days prior to the date of
termination specified in said notice. In the event this Agreement is so
terminated, STATE shall be compensated on a pro -rata basis with respect to
the percentage of the Services completed as of the date of termination. In no
event, however, shall the STATE receive more than the amount specified in
paragraph 9 above. STATE shall provide to the CITY any and all documents,
diaries, data, studies, surveys, drawings, maps, photographs, and reports,
whether in draft or final form, prepared by STATE as of the date of
termination.
14. The STATE is required to comply with Title VI of the Civil Rights Act of
1964, as amended. Accordingly, Title 49, Code of Regulations, Part 21
through Appendix H, and Title 23, C.F.R., Section 710.405(b) are made
applicable by reference and are hereinafter considered a part of this
Agreement.
15. This Agreement supersedes any and all other agreements, either oral or in
writing, between the parties with respect to the subject matter herein. Each
party to this Agreement acknowledges that no representation by any party
which is not embodied herein nor any other agreement, statement or promise
not contained in this Agreement shall be valid and binding. Any modification
of this Agreement shall be effective only if it is in writing and signed by all
parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the day and year first set forth above:
STATE OF CALIFORNIA
Department of Transportation
JAMES W. VAN LOBEN SELS
Director of Transportation
B z� C
By / '
Deputy District Director
APPROVED AS TO FORM & PROCEDURE
ATTORNEY
Department of Transportation
CERTIFIED AS TO FUNDS & PROCEDURES
�oti District Accounting Administrator
CITY OF SAN RAFAEL
By
/ �/�
AL ER BORO
Mayor
ATTEST:
By A •
,].
�ah:ie M. Le ncini, amity Clerk
APPROVED AS TO FORM & PROCEDURE
f'A
ATTORNEY
City of San Rafael