HomeMy WebLinkAboutResolution No. 5615RESOLUTION NO. 5615
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH
THE STATE OF CALIFORNIA FOR THE BELLAM BLVD.
ROADWAY IMPROVEMENTS PROJECT
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 an amendment to the Agreement dated
June 6, 1977 with the State of California for the Bellam Blvd. Road-
way Improvements Project so as to include recent funding revisions,
a copy of which is hereby attached and by this reference made a part
hereof.
I, JEANNE M. LEONCINI, City 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 City Council of
said City held on Tuesday, the 20th day of February, 1979, by the
following vote, to wit:
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Acting Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
NNE M. LEONCIN , City Clerk
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04-Mrn-17 2.0
04207 - 393191
Bellam Boulevard
Dist. Agmt. No. 4-0495-C
Document No. Mrn 21-2752
AMENDMENT TO AGREEMENT
THIS AMENDMENT TO AGREEMENT, ENTERED INTO THIS
DAY OF , 1979 BY AND BETWEEN
CITY OF SAN RAFAEL, a body politic
and a municipal corporation of
the State of California,
hereinafter referred to as "CITY"
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hereinafter
referred to
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STATE OF CALIFORNIA, acting
by
and through
its Business
and
Transportation
Agency,
Department
of Transportation,
hereinafter
referred to
as "STATE".
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WITNESSETH
WHEREAS, the parties hereto entered into an Agreement,
Document File No. Mrn-21-2752, which provides for channelization
at the Bellam Boulevard Interchange on Route 17; furnishing and
installing traffic signals at four intersections along Bellam
Boulevard; widening a portion of Bellam Boulevard; resurfacing
Bellam Boulevard, and realignment of Andersen Drive.
WHEREAS, Marin County FAU Committee on October 11, 1978,
approved FAU funding of $1,000,000 for this PROJECT based on a
total PROJECT cost of $1,200,000.
WHEREAS, the parties hereto desire to amend said Agreement
to include these funding changes.
NOW THEREFORE, in consideration of the premises and mutual
undertakings of the parties hereto, it is hereby agreed as
follows:
1) That certain Agreement No. Mrn-21-2752 entered into by
and between CITY and STATE, executed by CITY on June 6, 1977, is
hereby amended as follows:
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(a) Page 4 is amended to read as follows:
"effective administration of relocation assistance programs,
utilize the services of other agencies having an established
organization for conducting relocation assistance programs; and
WHEREAS, STATE has qualified right of way personnel and is
willing to provide these services; and
WHEREAS, the construction cost of CITY's IMPROVEMENTS,
estimated to be $730,000, will be financed with both contribution
from "Federal Aid Urban" (FAU) program funds (estimated to be
$605,000) and CITY funds. The exact proportions will be
determined by CITY; and
WHEREAS, STATE matching funds for this project is on STATE's
"Functional Operational and Betterment" (FOB) program in which
STATE's construction cost is limited to a maximum of $200,000 and
limited to expenditures for work on STATE's portion of the project
only; and
WHEREAS, in order to assure early construction of CITY's
IMPROVEMENTS, CITY is willing to bear that portion of the STATE's
share of construction cost that is over and above $200,000; and
to be responsible for preparing the environmental study for STATE
to process and obtain environmental clearances for the entire
project; and"
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( b) Page 14 is amended to read as follows:
1"PART "B" - DESIGN, CONSTRUCTION, AND MAINTENANCE
PART "B" - SECTION I
STATE AGPEES:
1.) To furnish all labor, materials, tools and equipment to
do or cause to be done the design engineering necessary for
preparation of plans, specifications and engineer's estimate for
the aforesaid PPOJECT. Plans and specifications prepared by
STATE shall be subject to review and approval by CITY, as to
conformity to CITY standards and/or existing facilities.
2.) To cause to be constructed the PROJECT through
construction by contract with a construction contractor licensed
by the State of California, said contract to be carried out in
accordance with provisions of the State Contract Act, Chapter 3,
Part 5, Division 3, Title 2 of the Government Code, and work
completed in conformity with plans and specifications of STATE.
3.) Except for those costs to be borne by CITY as provided
hereinbelow in Section II, Article (1) and (2) and the estimated
contribution of $1,000,000 from FAU funds, to bear the entire
expense of design engineering, construction engineering, and
construction costs required for the completion of the aforesaid
PROJECT. However, in no event shall STATE's total financial
contribution for construction cost pursuant to this Agreement
exceed the amount of $200,000."
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(c) Page 16 is amended to read as follows:
PART "B" - SECTION II
"CITY AGREES:
1.) To deposit with STATE, immediately following execution
this Agreement, the amount of $73,000 which figure represents
STATE's estimate of CITY's share of roadway design engineering
cost and electrical design engineering cost required for this
PROJECT. The actual cost to be borne by CITY will be determined
upon completion of STATE's construction contract as stated in
Article 2 below.
2.) To deposit with STATE, within 30 days of receipt of
billing therefor (which billing will be forwarded immediately
following STATE's bid advertising date of construction contract
for the aforesaid PROJECT) the amount of $235,000 which figure
excludes the estimated FAU contribution of $605,000 and represents
STATE's estimated of CITY's share of construction engineering,
signing and striping, and construction costs required for j
completion of the aforesaid PROJECT. The actual total cost to be
borne by CITY will be determined upon completion of and acceptance
of STATE's construction contract and will be computed as follows:
(a) Roadway Construction Cost: CITY's
share of said cost (estimated to be
$450,000) shall be the total construction
cost required to complete CITY's share
of the roadway portion as shown on"
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4CD802
(d) Page 17 is amended to read as follows:
" "Exhibit "A". Such total cost shall be determined
by multiplying the final quantities by the
applicable unit prices in STATE's construction
contract plus any extra or additional work
directly related to the said portion of roadway
construction.
(b) Electrical Construction Cost: CITY's share of said
cost (estimated to be $250,000) for installation of
traffic control signal systems and safety lighting
including STATE -furnished materials, if any, shall
be the sum of the following:
(1) Northbound Ramps - Estimated to be $40,000,
shall be fifty percent (50%) of the actual
construction cost to complete the facilities.
(2) Southbound Ramps - Estimated to be $45,000,
shall be fifty percent (50%) of the actual
construction cost to complete the facilities.
(3) Francisco Boulevard - Estimated to be
$75,000, shall be one -hundred percent (100%)
of the actual construction cost to complete
the facilities.
(4) Andersen Drive - Estimated to be $90,000,
shall be one -hundred percent (100%) of the"
(e) Page 18 is amended to read as follows:
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" actual construction cost to complete the
facilities.
(c) Signing Cost:
CITY's share of said cost (estimated to be
$13,000) shall be seventy-five percent (75%)
of the total cost to complete the signing
for the PROTECT, said cost includes STATE -
furnished materials.
(d) Striping Cost:
CITY's share of said cost (estimated to
be $17,000) shall be seventy-five percent
(75%) of the total cost to STATE to complete
the striping and pavement markings for the
PROTECT by STATE forces. Said cost :.-7cludes
STATE -furnished labor, materials, all
applicable overhead charges at current rates.
(e) STATE's Construction Cost over $200,000:
It is estimated that STATE's share of
construction cost for the PROJECT is under
$200,000. In the event that STATE's share
for said cost is over $200,000, CITY will
pay all of STATE's share above $200,000.
(f) Roadway Design Engineering Cost:
CITY's share of said cost (estimated
to be $48,000) shall be an amount"
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14CD8op
(f ) Page 19 is amended to read as follows:
Representing ten percent (10%) of CITY's sharE
of the (a) Roadway Construction Cost, (c)
Signing Cost and (d) Striping Cost as stated
above. Said cost includes all applicable
overhead charges at current rates.
(g) Electrical Design Engineering Cost:
CITY's share of said cost (estimated to be
$25,000) shall be an amount representing ten
percent (10%) of CITY's share of the (b)
Electrical Construction Cost as stated above.
Said cost includes all applicable overhead
charges at current rates.
(h) Construction Enaineerincr Cost:
CITY'S share of said cost (estimated to be
$110,000 shall be an amount representing
fifteen (15% ) of CITY's share of the cost for
Subarticles (a), (b), (c), and (d) as stated
above. Said cost includes all applicable
overhead charges at current rates.
3.) Upon opening of bids, and subject to conditions stated
in Article (4) and (5) below, to pay STATE, within 14 days upon
receipt of billing therefor, -a - amount over and above the advancE
deposit (stated herein above in Article 2 of this"
1 (g ) Page 20 is amended to read as follows:
2 "section) necessary to complete the financing of CITY's share of
3 the cost as estimated by using the contractor's actual bid prices
4 and estimated quantities. In the event the aforesaid advance
5 deposit exceeds the amount needed to finance CITY's share, STATE
6 shall promptly refund to CITY such balance as may exist. If the
7 excess in either case is less than $500, a refund or demand of
8 additional deposit may be waived until final accounting.
9 4.) In the event that the design engineering, construction
10 engineering, signing and striping, and construction cost to CITY
11 (as stated hereinabove in Article 2), to be computed at the time
12 of bid opening, does not exceed the present estimated cost of
13 $913,000, by more than ten percent (10%), STATE may award a
14 contract for the aforesaid PROJECT.
15 5.) In the event that the CITY's cost as stated above
16 exceeds the present estimate by more than ten percent (10%),
17 STATE will consult with CITY and upon receipt of CITY's written
18 consent to assume the additional cost and deposit of additional
�9 funds upon demand by STATE, STATE will award the construction
20 contract. In the event CITY elects not to assume the additional
21 cost, STATE may revise the plans by deleting portions of CITY's
22 proposed curb and/or sidewalk construction. The estimated cost c
23 the deleted portions, using the contractor's bid prices, shall bE
24 at least equal to the aforesaid additional cost."
25 2) All other terms and conditions of said original
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4cD802
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4CD802
Agreement shall remain in full force and effect.
3) This Amendment to Agreement is hereby deemed to be a
part of the original District Agreement No. 4-0495-C (Document
No. Mrn 21-2752).
STATE OF CALIFORNIA
Department of Transportation
ADRIANA GIANTUPCO
Director of Transportation
Transportation District 4
T. R. LAMMERS
District Director
i
eputy Di rict Dire r
CITY OF SAN RAFAEL
By _
Mayor
Attest: re_ %A
City Clerk
APPROVED AS TO FORM
AND PROCEDURE:
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