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HomeMy WebLinkAboutResolution No. 5937RESOLUTION NO. 5937 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING SIGNING OF AGREEMENT WITH THE STATE OF CALIFORNIA FOR CONSTRUCTION OF NORTHBOUND ON-RAMP AT THE LUCAS VALLEY ROAD INTERCHANGE WITH ROUTE 101 THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows: The Mayor and City Clerk are authorized to execute, on behalf of the City of San Rafael, Agreement No. 04225-101501 with the State of California for construction of northbound on-ramp at the Lucas Valley Road Interchange with Route 101, a copy of which is attached hereto, marked Exhibit "A", and incorporated herein by this reference. I, JEANNE M. LEONCINI, City 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 7th day of July, 1980, by the following vote, to wit: AYES: COUNCILMEMBERS:Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:Breiner &ANNE M. LEONCINI, City Clerk "Tb T 2-11 1111 "IMGINATA ? 1 2 3 4 5 6 7 8 9 10 11 12 114 14 15 16 17 18 19 20 21 22 23 24 4 g_� �5 CM:cap 4CD802 04-Mrn-101 14.7/15.1 04225 - 101501 NB On -Ramp at Lucas Valley Road I/C Dist. Agmt. No. 4-781-C Document No. Mrn-21- 3 9 6 4 THIS AGREEMENT, ENTERED INTO ON JULY 7 , 1980, IS BETWEEN AND CITY OF SAN RAFAEL, a body politic and a municipal corporation of the State of California, referred to herein as "CITY" STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE". (1) STATE and CITY contemplate constructing a new northbound on-ramp to State Highway Route 101 from westbound Smith Ranch Road at the Lucas Valley Road Interchange with said Route 101 and modifying the traffic control signal system and safety lighting at the intersection of Smith Ranch Road with the Route 101 northbound on and off -ramps, all referred to herein as PROJECT". (2) When completed, PROJECT is expected to improv( raffic operations at the interchange. (3) CITY is willing to bear the entire onstruction cost of PROJECT and the entire cost of right of way learance; and CITY is also willing to bear the costs of utility emoval or relocation that are not borne by the utility owners. a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 C D802 (4) STATE is willing to furnish, at STATE's sole expense, the necessary right of way for PROJECT, preliminary engineering, construction engineering, traffic signs, traffic striping and pavement markings required to complete the PROJECT. (5) STATE and CITY do mutually desire to cooperate and to specify herein the terms and conditions under which right of way clearance is to be financed and said PROJECT is to be designed, constructed, financed and maintained. STATE AGREES: (1) To provide plans and specifications and all necessary construction engineering services including contract administration and construction surveying for the PROJECT at ISTATE's sole expense. (2) To clear the right of way and construct the PROJECT by contract in accordance with plans and specifications of ESTATE. (3) To furnish and install all traffic striping land pavement markings required for PROJECT using STATE forces and at STATE's sole expense. (4) Upon completion of the aforesaid construction contract, to furnish CITY with a detailed statement of the total construction costs expended for PROJECT, and to refund to CITY any amount of CITY's deposit, as provided for hereinafter, remaining -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4CD802 after the actual costs to be borne by CITY have been deducted. (5) To maintain and operate the entire traffic control signal system and safety lighting as modified and pay an amount equal to 50 percent of the total maintenance and operation costs; and to maintain at STATE's sole expense, all other portions of PROJECT located within STATE's right of way. SECTION II CITY AGREES: (1) To deposit with STATE within 14 days of receipt of billing therefor (which billing will be forwarded immediately upon execution of this Agreement by STATE), the sum of $5,000, which figure represents the estimated cost of right of way clearance to be performed by STATE at CITY's sole expense. The actual cost of right of way clearance will be determined upon completion of clearing of buildings from the right of way and all work incidental thereto. (2) 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), the amount of $667,000, which figure represents the estimated cost of utility removal or relocation not borne by utility owners (estimated to be $92,000); and the estimated construction cost of PROJECT (estimated to be $575,000). In no event shall CITY's total obligation for said -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4cD802 costs, excluding costs of right of way clearance, under this Agreement exceed the amount of $800,000; provided that CITY may, in its sole discretion in writing, authorize a greater amount. (3) To pay all utility relocation costs in accordance with the provisions of Section III, Article (6). (4) To bear the entire cost of right of way clearance; and to bear the entire construction cost of PROJECT. (5) To pay STATE promptly upon completion of all work and upon receipt of a detailed statement made upon final accounting of costs therefor, any amount over and above the aforesaid advance deposits required to complete CITY's financial obligation pursuant to this Agreement. (6) To reimburse STATE for CITY's proportionate share of the cost of maintenance and operation of said traffic control signal system and safety lighting, such share to be an amount equal to 50 percent of the total maintenance and operation cost. (7) To maintain all portions of PROJECT constructec outside STATE's right of way, except f --or the traffic control signs; system and safety lighting, and make no claim against STATE for an, portion of such maintenance expense. * * * * * * * * * * * * * * -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4CD802 SECTION III IT IS MUTUALLY AGREED AS FOLLOWS: (1) All obligations of STATE under the terms of this Agreement are subject to the allocation of resources by the Legislature and the California Transportation Commission. (2) STATE will not start preparation of plans and specifications for PROJECT until CITY executes this Agreement. (3) If upon opening of bids, it is found that the amount deposited by CITY is in excess of the cost of the work on the basis of bid prices plus contingency items, the balance remaining shall be promptly refunded by STATE to CITY. If however the cost of the work exceeds the amount deposited by CITY, CITY will promptly, upon receipt of a claim therefor, pay the amount of said excess to STATE. In like manner CITY also aareeA t -n supplement aforesaid advance deposit to reflect any other additional quantities, items, or other costs necessary for the completion of PROJECT but unforseen at the time of execution of Ithis Agreement. If the excess in either case is less than one thousand dollars ($1,000), no refund or demand for•.additional deposit will be made until final accounting. (4) Except as provided for hereinafter in Article 5, upon completion of all work under this Agreement, ownership and title to all materials, equipment and appurtenances installed within STATE's right of way will be vested in the STATE, and all materials, equipment and appurtenances installed outside of -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STATE's right of way will be vested in the CITY and no further agreement will be necessary to transfer ownership as hereinabove stated. (5) That upon the date of completion of all work under this Agreement, ownership and title to the traffic control signal system and safety lighting as modified will automatically be vested in the STATE and no further agreement will be necessary to transfer ownership to the STATE. (6) Existing public and private utilities may be in conflict with the construction of the PROJECT. STATE will make all necessary arrangements with the owners of such utilities for their removal or relocation in accordance with applicable laws or the Master Contracts in effect. STATE will inspect the removal or relocation of such utilities. The costs of all utility removal or relocation that are not borne by the utility owners shall be borne by CITY. (7) In the construction of said work, STATE will furnish a representative to perform the usual functions of a Resident Engineer, and CITY may, at no cost to -STATE, furnish a representative, if it so desires; and said representative and Resident Engineer will cooperate and consult with each other, but the decisions of STATE's engineer shall prevail. (8) The execution of this Agreement by CITY grants to STATE the right to enter upon CITY -owned lands to construct the ?ROJECT referred to herein. -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4CD802 11 (9) Neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurrin(-. by reason of anything done or omitted to be done by CITY under or in 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 defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. (10) Neither CITY nor any officer or employee thereof, is 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 delegated to CITY under this Agreement. It is also agreed that, pursuant 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 81A.8) occurring by reason of anything done or omitted to be done by STATE under or Ln connection with any work, authority or jurisdiction not lelegated to CITY under this Agreement. (11) Should any portion of the PROJECT be financed ,ith Federal funds or State gas tax funds all applicable )rocedures and policies relating to the use of such funds shall 1 2 3 4 5 6 7 8 9 10 11 12 1-4 14 15 16 17 18 19 20 21 22 23 24 25 4 C D802 apply notwithstanding other provisions of this Agreement. STATE OF CALIFORNIA Department of Transportation ADRIANA GIANTURCO Director of Transportation Transportation District 4 T. R. LAMMERS District Director CITY OF SAN RAFAEL Mayor Attest:/ ....... .-Ci.ty. ... Clerk......... REGINA A. BUCHANAN - Deputy City Clerk APPROVED AS TO FORM AND PROCEDURE: PTFaA CoAttorney