HomeMy WebLinkAboutCC Resolution 7697 (Lincoln Ave. Extension Project)as follows:
RESOLUTION NO. 7697
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL AUTHORIZING EXECUTION OF AN
AGREEMENT WITH THE STATE OF CALIFORNIA FOR
CONSTRUCTION OF THE LINCOLN AVENUE EXTENSION
PROJECT.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES
The VICE MAYOR and CITY CLERK are authorized to execute,
on behalf of the City of San Rafael, an agreement with the State
of California for construction of a frontage road connecting Lincoln
Avenue to Los Ranchitos Road, a copy of which is hereby attached
and by this reference made a part hereof.
I, JEANNE M. LEONCINI, Clerk of the City of San
Rafael, California, 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 21st day of March, 1988,
by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Frugoli, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
A
JEAN -M. LEONCINI, City Clerk
4(0
SATE Or CAl1FORNIA-11USINESS. TRANSPORTATY \ND HOUSING AGENCY
DEPARTMENT OF TRANSPORTATION
DOx 7310
SAN FRANCISCO, CA 94120
41 Sl 923 -
March 31, 1988
Mr. David M. Bernardi
Director of Public works
and Community Development
1400 Fifth Avenue
San Rafael, CA 94915
Dear Mr. Bernardi:
GEORGE DEUKMEJIAN, Go.wno.
APR -11988
M,ti( H "-rr-r
C7.l'()¢S4h RArAzi.
File: 4-Mrn-101 12.2/12.5
4232 - 122671
Dist. Agmt.No. 4-1123-C
Subject: Proposed Cooperative Aqreement for Execution
Enclosed are four (4) copies of a proposed Cooperative Agreement
between the State and the City of San Rafael to provide for the
construction of the westerlv frontaqe road connecting Lincoln Avenue
with Los Ranchitos Road.
Please have three (3) copies of the enclosed Agreement signed by the
appropriate Citv officials and return them to us together with three
(3) certified copies of a resolution adopted by the City Council
approving the Aqreement and authorizing its execution.
After signature by the appropriate State officials, you will be
furnished a fully executed copv of this Agreement for your files.
Sincerely yours,
BURCH C. BACHTOLD
District Director
By
ZO-/
f RTCHARD F. GETGLING, Chief
Project Development - North Counties
Enclosure DEPT. OF PUBLIC WORKS
Info Act Route To: Copy INE.
/
Director
AM. Dir.
Office Eng.
Supt. P.W.
Park Supt.
Senior
Am=
Traft
File
4-Mrn-101 12.2./12.5
4232-122679
Dist. Agmt. No. 4-1123-C
Document No. Mrn-21-6339
AGREEMENT
THIS AGREEMENT, ENTERED INTO ON � �� all , vgSs'i� , is
between the STATE OF CALIFORNIA, acting by and through its De-
partment of Transportation, referred to herein as "STATE", and
CITY OF SAN RAFAEL,
a body politic and a municipal
corporation of the State of
California, referred to herein as
"CITY".
.A
RECITALS
(1) STATE and CITY contemplate constructing a frontage
road connecting Lincoln Avenue to Los Ranchitos Road, and in-
stalling signals at the intersection of Lincoln Avenue with the
State Route 101 southbound off- and on -ramps, all referred -to
herein as "PROJECT".
(2) It is anticipated that Federal -aid (FAU) funds
will be allocated for approximately 86 percent of the lump sum
amount of $800,000, and CITY will bear the remaining approxi-
mately 14 percent of said lump sum amount.
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Dist. Agmt. No. 4-1123-C
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(3) STATE is willino to pav for the remainder of all ,
PROJFCT costs in excess of said lump sum amount.
(4) The parties hereto desire to specify the terms and
conditions under which PROJECT is to be engineered, constructed,
financed and maintained.
SECTION I
STATE AGREES:
(1) To provide all necessary preliminary engineering,
including plans and specifications, and all necessary con-
struction engineering services for the PROJECT, and pay all costs
thereof.
(2) To construct the PROJECT by contract in accordance
with plans and specifications of STATE.
(3) To pay all construction costs for PROJECT over and
above a lump sum amount of $800,000, said STATE costs estimated
to be 51,000,000, but in no event shall STATE's total obligation
for PROJECT construction costs under this Agreement, excluding
costs referred to in Section III, Article (6), exceed the amount
of 51,200,000; provided that STATE. may, at its sole discretion,
in writing, authorize a greater amount.
(4) To prepare required documents for relinquishment
to CITY of the frontage road constructed as part of PROJECT pur- +
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suant to this Agreement, and to present said documents to CITY
for CITY's acceptance of said relinquishment.
(5) To maintain and operate the traffic control
signals as installed and pay an amount equal to 25 percent of the
total maintenance and operation costs, including electrical en-
ergy costs.
SECTION II
CITY AGREES:
(1) To deposit with State within 25 days of receipt of
billing therefor (which billing will be forwarded immediately
following STATE's bid advertising date of a construction contract
for PROJECT), CITY's matching share (approximately 14 percent of
the lump sum amount of 5800,000, estimated to be about $112,000).
Said amount shall be CITY's total obligation for said PROJECT.
(2) Upon presentation by STATE of required documents,
to accept ownership, maintenance and liability of those portions
of the frontaqe road constructed as part of PROJECT pursuant to
this Agreement.
(3) To reimburse STATE for C7TY's proportionate share
of the cost of maintenance and operation of said traffic control
signals, such share to be an amount equal to 75 percent of the
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Dist: Agmt. No. 4-1123-C
total maintenance and operation costs, including electrical en- '
ergy costs.
SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS:
(1) All obligations of STATE under the terms of this _
Agreement are subject to the appropriation of resources by the
Legislature and the allocation of resources by the California
Transportation Commission.
(2) STATE shall not award a contract for the work un-
til after receipt of CITY's deposit required in Section II, Arti-
cle (1) .
(3) Should any portion of the PROJECT be financed with
Federal funds or State gas tax funds, all applicable laws, rules
and policies relating to the use of such funds shall apply
notwithstanding other provisions of this Agreement.
(4) Prior to award of the construction contract for
the PROJECT, CITY may terminate this Agreement by written notice,
provided that CITY pays STATE for all project related costs in-
curred by STATE.
(5) If termination of this Agreement is by mutual con-
sent, STATE will bear 55 percent and CITY will bear 45 percent of
all PROTECT relatedfcosts incurred by STATE prior to termination.
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(6) If existing public and/or private utilities con- •
flict with the construction of the PPOJF.CT, STATE will make all
necessary arrangements with the owners of such utilities for
their protection, relocation or removal. STATE will inspect the
protection, relocation or removal. If there are costs for such
protection, relocation or removal which STATE and/or CITY must
legally pay, STATE will bear the entire cost of said protection, -
relocation or removal, plus cost of engineering overhead and in-
spection. Required protection, relocation or removal of utili-
ties shall be performed in accordance with STATE. policy and
procedure.
(7) Upon completion of all work under this Agreement,
ownership and title to all signals, materials, equipment and
appurtenances installed will automatically be vested in the STATE
and no further agreement will be necessary to transfer ownership
to the STATE.
(8) The cost of any engineering or maintenance re-
ferred to herein shall include all direct and indirect costs
(functional and administrative overhead assessment) attributable
to such work, applied in accordance with STATE's standard ac-
counting procedures.
(9) Neither STATE nor any officer or employee thereof
shall be responsible for any damage or liability occurring by
f
reason of anything done or omittee to be done by CITY under or in
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Dist. Agmt. No. 4-1123-C
connection with any work, authority or jurisdiction delegated to
CITY under this Agreement. It is also agreed that, pursuant to
Government Code Section 895.4, CITY shall fully indemnify and
hold STATE harmless from any liability imposed for injury (as de-
fined by Government Code Section 810.8) occurring by reason of
anything done or omitted to be done by CITY under or in con-
vection with any work, authority or jurisdiction delegated to
CITY under this Agreement.
(10) Neither CITY nor any officer or employee thereof,
shall be responsible for any damage or liability occurring by
reason of anything done or omitted to be done by STATE under or
in connection with any work, authority or jurisdiction not deleg-
ated to CITY under this Agreement. It is also agreed that, pur-
suant to Government Code Section 895.4, STATE shall fully
indemnify and hold CITY harmless from any liability imposed for
injury (as defined by Government Code Section 810.8) occurring
by reason of anything done or omitted to be done by STATE under
or in connection with any work, authority or jurisdiction not de-
legated to CITY under this Agreement.
(11) In the construction of said work STATE, will fur-
nish a representative to perform the functions of a Resident En-
gineer, and CITY may, at no cost to STATE, furnish a
representative, if it so desires and that said representative and
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Dist. Agmt. No. 4-1123-C
Resident Engineer will cooperate and consult with each other, but
the decisions of STATE's engineer shall prevail.
(12) That the CITY's costs referred to herein are only
"matching funds" based on the assumption that FAU Funds will be
allocated for financing approximatedly 86 percent of the $800,000
lump sum amount referred to in Article (1) of Section II of this
Agreement. In the event that Federal -aid participation is not -
secured, this Agreement may be terminated mutually or by either
party at any time prior to the award of a construction contract
or alternatively each party's participation may be renegotiated
to "make up" for the loss of Federal funds. If termination oc-
curs, costs shall be limited to the percentages set forth in Ar-
ticle (5) of this Section III.
(13) The execution of this Agreement by CITY grants to
STATE the right to enter upon CITY -owned lands to construct the
PROJECT referred to herein.
(14) This Agreement constitutes the notice of inten-
tion to relinquish required by Section 73 of the Streets and
Highways Code.
(15) CITY hereby waives all rights to protest provided
for in said Section 73 of the Streets and Highway Code with re-
spect to the aforementioned relinquishments.
(161 Except as otherwise provided for in Article (12)
of this Section III, this Agreement shall terminate upon com-
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Dist: Agmt. No. 4-1123-C
pletion and acceptance of the PROJECT construction contract by
STATE or on September 30, 1992, whichever is earlier in time;
however, the o%%nership, maintenance and operation clauses shall
remain in effect until terminated or modified, in writing, by mu -
teal agreement.
STATE OF CALIFORNIA
Department of Transportation
DONALD L. WATSON
Director of Transportation
By
Deputy District Director
APPROVED AS TO FORM AND PROCEDURE
ATTORNE
Department of Transportation
CERTIFIED AS TO FUNDS AND PROCEDURE
District Accounting Officer
CITY OF SAN RAFAEL
By �
Vice -Mayo
Attestdi!!
Q
�v Clerk
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