HomeMy WebLinkAboutResolution No. 5418RESOLUTION NO. 5418
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AUTHORIZING SIGNING OF THE COOPERATIVE AGREE-
IIENT WITH THE STATE OF CALIFORNIA FOR CONSTRUCTION
OF INTERIM IMPROVEMENTS 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, a Cooperative Agreement with
the State of California for construction of interim improvements
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 11. 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 21st day of February, 1978, by
the following vote, to wit:
AYES: COUNCIL14EN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Betti ni
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JEANNE M. LEONCINI, City Clerk
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F2EGlNA . BUCHANAN -Deputy. CityIerR
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04-Mrn-101 P.M. 14.4/14.7
04 219 - 39 56 61
Lucas Valley Rd. I/C
Dist. Agmt. No. 4-669-C
Document No. Mrn-21- 3104
A nnr_1r18V h"
THIS AGREEMENT, MADE AND ENTERED INTO ON THIS 21st
DAY OF Febru:lry , 1978, BY AND BETWEEN
CITY OF SAN RAFAEL, a body politic
and a municipal corporation of the
State of California, hereinafter
referred to as "CITY"
STATE OF CALIFORNIA, acting by
and through its Business and
Transportation Agency, Department
of Transportation, hereinafter
referred to as "STATE".
WITNESSETH:
WIiEREAS, STATE and CITY mutually desire to modify the
Interchange of Route 101 with Lucas Valley/Smith Ranch Road
including construction of new northbound on and off ramps in the
;outheasterly quadrant, improvement of Lucas Valley Road from the
+est side of the freeway to the east side, realignment and widenin
)f Smith Ranch Road and realignment of Redwood Parkway frontage
•oad, hereinafter referred to as "PROJECT", and all as shown on
.xhibit "A", attached hereto and made a part hereof; and
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IMEREAS, said modification requires traffic control signals
to be installed at the intersection of the northbound on and
off ramps with Smith Ranch Road and approximately 400 feet of new
curb and sidewalk to be placed on the realigned portion of
Redwood Parkway frontage road, which are referred to hereinafter
as "IMPROVEMENTS"; and
WHEREAS, it is anticipated that 82.94 percent of the
construction cost for said PROJECT will be financed with Federal
Aid Urban program (FAU) funds; and
MiEREAS, CITY's financial obligation in said PROJECT is to
share in the cost of design and construction engineering and
and construction cost of the IMPROVEMENTS, CITY's share is to
be 50 percent of the cost of the traffic control signals after
deducting any FAU reimbursement which may be received and
100 percent of the cost of the approximately 400 feet of new curb
and sidewalk; and
WHEREAS, the current Freeway Agreement for the portion of
the Route 101 Freeway between 0.3 miles north of Miller Creek
Road and the then northerly city limits of San Rafael, made and
entered into on February 10, 1959, between the California
Department of Public Works, Division of Highways, and the County
of Marin, predeccssors in interest to STATE and CITY, required
that County accept control and maintenance of relocated,
reconstructed or other wise altered county roads and frontage
roads, on notice from the STATE that such roads have been
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completed; and
WHEREAS, CITY is willing to abide by said terms of the
February 10, 1959 Freeway Agreement and will accept control and
maintenance of the frontage roads to be built; and
WHEREAS, CITY by resolution number 4701 dated April 1, 1974,
requested the STATE to implement stage construction of the
ultimate interchange design at Highway 101 and Lucas Valley Road
as soon as possible; and
WHEREAS, CITY concurs with the current plan for modifying
the Lucas Valley Road Interchange and recognizes that it is an
interim stage of the ultimate required interchange; and
WHEREAS, CITY understands that the ultimate plan for the
Lucas Valley Road Interchange, included as a part of the afore
described February 10, 1959 Freeway Agreement and shown on Exhibit
B. attached hereto and made a part hereof, is no longer a valid
plan for said interchange in that major changes in the character
and intensity of land use have occurred and are occurring; and
WHEREAS, the development of an ultimate plan for the Lucas
Valley Road Interchange would appear premature at this time due
to the continuing uncertainty of future needs; and
WHEREAS, CITY is willing to execute a superseding Freeway
Agreement to replace the February 10, 1959 Agreement at such
future time as an acceptable ultimate plan is submitted to CITY
by STATE; and
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WHEREAS, STATE and CITY mutually desire to cooperate and to
specify herein the terms and conditions under which said
IMPROVEMENTS are to be designed, financed, constructed and
maintained.
NOW, THEREFORE, in consideration of the covenants and
conditions herein contained, the parties hereto agree as follows:
SECTION I
STATE AGREES:
1.) To prepare contract plans, specifications and engineer's
estimate for said PROJECT. Plans and specifications prepared by
STATE for said IMPROVEMENTS shall be subject to review and
approval by CITY as to conformity to CITY standards and/or
existing facilities.
2.) To construct the PROJECT and IMPROVEMENTS, by contract
with 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.) To make all arrangements with owners of public or
private utilities and to inspect the required removal and/or
relocation of all utility facilities which conflict with
construction of said PROJECT and IMPROVEMENTS. The cost of
removal and/or relocation will be shared with the utility owners
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�in accordance with applicable law and/or master contracts.
4.) To furnish and install by STATE's forces all traffic
stripes and pavement markings required for said PROJECT at STATE'.,
expense (except for any FAU reimbursement which may be received.)
5.) Except for the financial contributions to be made by
CITY For said IMPROVEMENTS and by the FAU program for said
PROJECT and IMPROVEMENTS as set forth hereinafter in Section II,
to bear the engineering and construction costs required to
complete said PROJECT and IMPROVEMENTS.
6.) Upon completion of STATE's construction contract, to
furnish CITY with a final statement of the total cost to be .
borne by CITY for said IMPROVEMENTS and to refund to CITY any
amount of CITY's advance deposit, provided for in Section II,
Article 1, remaining after actual costs to be borne by CITY have
been deducted.
7.) To maintain and operate the entire traffic control
signal system and safety lighting as installed pursuant to this
Agreement, subject to CITY's reimbursement as provided for
hereinafter in Section II, Article 6.
8.) Except for Lucas Valley -Smith Ranch Road and the
Frontage roads which will be maintained by CITY, to maintain all
portions of said PROJECT which lie within STATE'S right of way.
9.) Upon completion and acceptance by STATE of STATE's
construction contract provided for herein, to present to the
California Transportation Commission for adoption, a
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solution of Relinquishment for the Redwood Parkway and North
wood Drive frontage roads.
SECTION II
ITY AGREES:.
1.) To deposit with STATE within 30 days of receipt of
illing therefor (which billing will be forwarded immediately
ollowing STATE's bid advertising date of a construction contract
or the aforesaid PROJECT), the amount of $16,000, which figure
epresents STATE's estimate of CITY's share for design engineering
onstruction engineering and construction costs for the aforesaid
IMPROVEMENTS pursuant to this Agreement. Actual costs to be
borne by CITY will be determined upon completion of all work and
shall be the sum of the following:
(a) Construction Cost: CITY's share (estimated to be
$10,000) shall be 50 percent of the cost to install
traffic control signals after expected FAU
reimbursement has been deducted and 100 percent of
the cost to construct about 400 feet of new curb,
gutter and sidewalk. Said costs include STATE -
furnished materials, mobilization and contingencies
(b) Design Engineering Cost: CITY's share (estimated
to be $2,000) shall be 8 percent of the 50 percent
CITY share of the construction cost to install the
traffic signals and 8 percent of the total
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(C)
construction cost of the said new curb, gutter and
sidewalk. Said percentage includes payment for all
applicable overhead charges.
Construction Engineering Cost: CITY's share
(estimated to be $4,000) shall be 14 percent of the
50 percent CITY share of the construction cost to
install the traffic signals and 14 percent of the
total construction cost of the said new curb,
gutter and sidewalk. Said percentage includes
payment for all applicable overhead charges.
2.) In the event that CITY's total engineering and
construction cost, to be computed at bid opening and as provided
above exceeds the amount on deposit, STATE shall consult with CITY
and upon receipt of CITY's written consent to assume the additiona
cost and deposit of additional funds, STATE will award the
construction contract. In the event CITY elects not to assume the
additional cost, STATE will delete the approximately 400 feet of
new curb, gutter and sidewalk after award of the construction
contract. If the advance deposit exceeds the amount needed to
finance CITY's share, STATE will award the construction contract
and promptly refund to CITY such balance. If the excess is less
than $500, a refund may be waived until final accounting.
3.) If any additional work or contract change orders are
necessary for completion of CITY's share of said IMPROVEMENTS
which are unknown at date of execution of this agreement and the
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"ITY's share of the estimated cost of such work does not exceed
ITY's previous deposits, STATE may make such changes. If the
hange results in an increase to CITY's cost which exceeds CITY"s
previous deposits, advance written approval by CITY will be
required and CITY will deposit their share of the estimated cost
of such approved change within 14 days of billing by STATE. In
the event CITY refuses to bear such increase, STATE will
thereafter be relieved of any obligation to undertake the work,
and CITY shall have no basis for filing a claim against STATE.
STATE may, however, choose to make such changes involving the
traffic control signal system at its own expense.
4.) To pay STATE promptly upon completion of all work and
upon receipt of statement made upon final accounting of costs
therefor, any amount over and above the aforesaid previous deposit
required to complete CITY's share of financing pursuant to this
Agreement which CITY had previously agreed to pay.
5.) To reimburse STATE for CITY's share of the cost, if
any, for utility removal and/or relocation which may be required
to construct said IMPROVEMENTS.
6.) To reimburse STATE for CITY's share of the cost of
maintenance and operation of said traffic control signals and
safety lighting in accordance with that Agreement for Maintenance
of State Highways in San Rafael, or if no such Agreement exists
CITY's share shall be 50 percent to the total maintenance and
operation cost.
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7.) To maintain Lucas Valley Road -Smith Ranch Road and the
frontage roads at CITY's sole expense.
8.) That this agreement shall constitute the notice of
lintention to relinquish required by Section 73 of the Streets
and Highways Code and that CITY will accept Redwood Parkway and
Redwood Drive frontage roads upon the adoption filing and
recording of the Resolution of Relinquishment by the California
Transportation Commission or its successor.
9.) That CITY hereby waives the 90 day notice and all rights
to protest provided for in said Section 73 of the Streets and
Highways Code with respect to the relinquishment referred to
herein.
SECTION III
TT T[- 1rtTTTTAT 7 V TTxTncT)CTnnll AWTTl A('_D1;Dfl•
1.) That obligations of STATE under terms of this Agreement
are contingent upon the allocation of funds by the California
Transportation Commission.
2.) That neither STATE, 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 CITY under or
in connection with any work, authority or jurisdiction delegated
to CITY under this Agreement. It is also understood and agreed
that, pursuant to Government Code Section 895.4, CITY shall fully
indemnify and hold STATE harmless from any liability imposed for
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njury (as defined by Government Code Section 810.8) occurring
y reason of anything done or omitted to be done by CITY under
Dr in connection with any work, authority or jurisdiction
delegated to CITY under this Agreement.
3.) That 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 understood and 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 810.8)
occuringy 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.
4.) That should any portion of the project be financed with
Federal Funds or State Gas Tax Funds, all applicable procedures
and policies relating to the use of such funds shall apply,
notwithstanding other provisions of this Agreement.
5.) That 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 that said representative
and Resident Engineer will cooperate and consult with each other,
but the order of STATE's engineer shall be final.
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6.) That upon completion of all work under this agreement,
the STATE. will retain ownership title to the entire signal system
as installed.
7.) That the previously referred to Freeway Agreement dated
February 10, 1959 provides in part that said Agreement may be
modified with the mutual consent of the parties thereto. The
implementation of stage construction as requested by CITY
Resolution 4701, including PROJECT and the future northbound
diagonal on-ramp, as shown on Exhibit A, constitute a change
requiring a modification to said Freeway Agreement. It is also
agreed that the ultimate plan for the Lucas Valley Road
Interch%nge, as shown on Exhibit B, is no longer a valid plan for
said interchange because of the major changes in land use and the
intensity of that use which have and are occurring in the vicinity
of said interchange. The necessity to supersede that portion of
the February 10, 1959 Freeway Agreement dealing with the ultimate
plan for the Lucas Valley Road Interchange is mutually recognized.
Therefore, it is agreed that the revisions shown on Exhibit A are
approved as an interim stage in the ultimate interchange. It is
further agreed that development of a new ultimate plan for the
Lucas Valley Road Interchange and the superseding Freeway
Agreement incorporating this plan will be deferred until such
time as the requirements for said interchange may be predicted
with more certainty.
8.) That details delineated on attached Exhibit A are not
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conclusive and in no way shall be construed to indicate the
final product of work to be accomplished pursuant to this
Agreement. Said Exhibit A is attached hereto to generally define
the areas in which PROJECT and IMPROVEMENTS are to be constructed
and is subordinate to final construction plans.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their respective officers, duly
authorized, the provisions of which Agreement are effective
as of the day, month and year first hereinabove written.
STATE OF CALIFORNIA
Department of Transportation
Transportation District 4
T. R. LMBIERS
CITY OF S RAF
By
Playor
District Director Attest .j
City Cierk
By_.. ...
Deputy District Director APPROVED AS TO FOWL:
APPROVED AS TO FORM
AND PROCEDURE:
Attorney, Department o
Transportation
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