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
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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
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(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
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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
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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.
* * * * * * * * * * * * * *
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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
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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.
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(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
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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