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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 aa�" 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