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HomeMy WebLinkAboutResolution No. 5367RESOLUTION NO. 5367 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE SIGNING OF A COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA RELATIVE TO THE CONSTRUCTION OF A NEW SOUTHBOUND ON-RAMP FROM MERRYDALE ROAD TO STATE HIGHWAY ROUTE 101 AT THE NORTH SAN PEDRO ROAD INTERCHANGE 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 the installation of traffic control signals and drainage improvements relative to the construction of a new southbound on-ramp from Merrydale Road to State Highway Route 101 at the North San Pedro Road Interchange. A copy of said agreement 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 3rd day of OCTOBER, 1977, by the following vote, to wit: AYES: COUNCILMEN Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN None ABSENT: COUNCILMEN Jensen M. LEONCI14I, City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 i9 20 21 22 23 24 25 4CD8O2 04-Mrn-'01-12.7 04210 - 305651 N. San Pedro -F.d. I/C SP. on-ramp Dist. Agmt. No. 4-0615-C Document No. Mrn-21- AGRF:F.MNT THIS AGREEMENT, PLADE AND ENTERED INTO THIS DAY OF , 197711 BY AND BETWEEN CITY OF SAN RAFAEL, a body politic and a municipal corporation of the State of California, hereinafter referred to as "CITY" AND STATE OF CALIFORNIA, acting by and through its Business and Transportation Agency, Department of Transportation, hereinafter referred to as "STATE". WITNESSETH WIEREAS, STATE contemplates construction of a new southbound on-ramp from MAerrydale Road to State Highway Route 101 at the North San Pedro Road Interchange in CITY; closure of the existing Merrydale Road on-ramp and Las Gallinas Avenue intersection to said Route 101; signalization with appropriate safety lighting, signing, striping and channglization at the North San Pedro Road - Merrydale Road Intersection; all as shotirn on Exhibit "A", attached hereto and made a part hereof, and shall be referred to herein as "PROJECT"; and -1- 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 4CD8O2 WHEREAS, CITY has requested and STATE is willing to install concurrently with PROJECT certain drainage improvements at the North San Pedro Road-Merrydale Road Intersection as shown on Exhibit "B", attached hereto and made a part hereof and hereinafter referred to as "IMPROVEMENTS". 111HEREAS, PROJECT and IMPROVEMENTS will be financed by funds from the Federal -Aid Urban (FAU) Program, and STATE and CITY's matching funds. The Urban Funds to be applied will be 82.94 percent of the eligible construction cost (or the Federal reimbursement percentage in effect at the time of programming); and WHEREAS, CITY is willing to pay 75 percent of the design and construction engineering and construction costs to install the traffic control signal system and safety lighting at the North San Pedro Road-Merrydale Road Intersection after deducfing any FAU reimbursement.which may be received; and WHEREAS, CITY is willing to.pay 100 percent of the design and construction engineering and construction costs of the IMPROVEMENTS after deducting any FAU reimbursement which may be received; and MiEREAS., CITY is willing to vacate all of the existing CITY's right of way adjacent to and northerly of North San Pedro Road between Merrydale Road and Route 101 as shown on said Exhibit B; and W41 r5 � 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 WHEREAS, CITY and STATE do mutually desire to cooperate and jointly participate in providing the aforesaid PROJECT and IMPROVEMENTS, and desire to specify herein the terms and conditions under which said PROJECT and IMPROVEMENTS are to be designed, constructed, financed 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 and IMPROVEMENTS. Plans and specifications for said IMPROVEIMENTS shall be subject to review • and approval by CITY. 2.5 To cause the PROJECT and IMPROVEMENTS to be constructed by contract with a contractor appropriately 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 bear those portions of the design engineering, construction engineering and construction costs required to complete said PROJECT that are not borne by FAU funds and by CITY as set forth hereinafter in Section II, Article 1. -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 4.) To bear the cost of all additional rights of way required for the PROJECT, including relocation assistance and utility relocation costs, except for that certain existing CITY right of way to be vacated by CITY and as described hereinafter in Section II, Article 6. 5.) To make all necessary arrangements with the owners of public or private utilities for the removal and/or relocation of all utility facilities which conflict with aforesaid construction, in accordance with applicable law or the Master Contracts in effect with the respective utility owners, and to prepare the necessary Notices to Relocate and Utilities Agreements and to inspect the required utility relocation work. 6.) To furnish and install, all traffic stripes and pavement markings by STATE forces and at STATE's expense (except for any FAU reimbursement which may be received). 7.) To furnish CITY with a detailed statement of that portion of the construction cost and the engineering charges to be borne by CITY upon completion and acceptance by STATE of STATE's construction contract for the PROJECT and IMPROVEMENTS and to refund to CITY any amount of CITY's deposits, as provided for hereinafter in Section II, Article 1, remaining after actual costs to be borne by CITY have been deducted. -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 8. To maintain the new southbound on-ramp constructed pursuant to this Agreement (except for safety lighting installed on the underside of the new ramp structure and existing freeway structure) and make no claim against City for any portion of such maintenance expense. 9.) To maintain the safety lighting at the intersection of Merrydale Road and the southbound on and off -ramp, subject to CITY's reimbursement as provided for hereinafter in .Section II Article 9. SECTION II CITY AGREES: 1.) 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 the construction contract for PROJECT and I114PROVEP•iENTS), the amount of 5263,000, which figure represents STATE's estimate of CI.TY's share of the construction cost, design engineering cost and construction engineering cost 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: Said cost, estimated to be $111,000, shall be composed of the following: (1) 7S percent of the STATE -CITY matching funds towards the electrical construction -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 4CD802 at the North San Pedro Road-Merrydale Road Intersection, including STATE - furnished materials and additional or extra work, if any (estimated to be $7,500); (2) 100% of the matching cost to STATE to complete the CITY -requested drainage improvements including STATE -furnished materials and additional or extra work, if any (estimated to be $3,500). (b) Design Engineering Cost: Said cost, estimated to be $6,000, shall be an amount representing 9 percent of the total electrical construction cost at the North San Pedro Road : Merrydale Road Intersection multiplied by 75 percent (estimated to be $4,000) plus 9 percent of the total construction cost to STATE to complete the CITY -requested drainage improvements (estimated to be $2,000. Said 9 percent includes payment for all applicable overhead charges. (c) Construction Engineering Cost: Said cost, estimated to be $9,000, shall be an amount representing 14 percent of the total electrical construction cost at the North San Pedro Road - Merrydale Road Intersection multiplied by 75 percent (estimated to be $6,000), plus 14 MM 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 percent of the total construction cost to STATE to complete the CITY -requested drainage improvements (estimated to be $3,000). Said 14 percent includes payment for all applicable overhead charges. 2.) Upon the opening of bids, if STATE determines that CITY's deposit exceeds the amount needed to finance CITY's cost as set forth hereinbefore in Article 1, using the contractor's actual bid prices and estimated quantities, STATE may award the contract -for the aforesaid PROJECT and IMPROVEMENTS and shall promptly refund to CITY such deposit excess as may exist, providing that no refund will be necessary until final accounting if the excess is less than $500. In the event that CITY's costs do not exceed the present estimated cost of $26,000 by more than 10 percent, STATE may award the contract for the PROJECT and IMPROVEMENTS. CITY will thereafter deposit the necessary additional funds within 14 days of billing by STATE, with the understanding that no additional deposit will be necessary until final accounting a if the amount is less than $500. If CITY's cost exceeds the present estimated cost of $269000 by more than 10 percent, STATE shall consult with CITY and award the contract only upon CITY's written consent to assume the additional cost and deposit of additional funds within 14 days of billing by STATE. If CITY elects to not assume the additional cost, STATE may -7- 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 14 C D802 I delete the IMPI:OVE?•LENTS, after consulting with CITY, and award [the contract as modified. 3.) After contract award, CITY must give prior approval din writing to all changes which increase or decrease the cost of.IMPROVEMENTS. If such approved change increase CITY's estimated cost of IMPROVE*1ENTS to an extent exceeding CITY's previous deposits for IMPROVEMENTS, CITY shall increase its deposits accordingly before STATE. will undertake the work. 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. 4.) If a change is contemplated to the electrical construction at the North San Pedro Road - Merrydale Road Intersection in which both CITY and STATE have a financial obligation (either increase or decrease in cost), STATE may mate such change, provided CITY's share of the estimated cost does not exceed CITY's previous deposits for the electrical construction costs. If this change results in an increase to CITY's cost which exceeds CITY's previous deposits for the electrical construction work, 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 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 • 1? .18 19 20 21 22 23 24 25 against STATE. STATE may, however, choose to make such change at its own expense. 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 deposits required to complete CITY's share of financing pursuant to this Agreement. 6.) Concurrent with the execution of this Agreement, to vacate by transfer of title to STATE all that certain existing CITY's right of way adjacent to and northerly of North San Pedro Road between Merrydale Road and the. State Highway Route 101 as shown on Exhibit B for the purpose of facilitating right of way negotiations by the STATE with the adjacent property owner (s) . 7.:) To pay for the relocation of utilities, if any, required for the CITY -requested drainage improvements. S.) To accept any and all liability and responsibility for the operation and maintenance of all portions of the PROJECT and IMPROVEMENTS constructed pursuant to this Agreement, including safety lighting installed on the underside of the southbound on-ramp structure and the existing freeway structure with the exception of the new southbound on-ramp and with the further exception of the safety lighting at the intersection of Merrydale Road and the Isouthbound on and off -ramps. WE 1 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 9.) To reimburse STATE, upon receipt of billing therefor, for CITY's proportionate share of the cost of maintenance and operation of said safety lighting at the intersection of Herrydale Road and the southbound ramps, such share to be determined in the manner provided in that Agreement for Maintenance of Traffic Signals and Intersection Lighting on State Highways within the CITY which is in effect at the time said costs are incurred, or if no such Agreement exists, such share to be a sum bearing the same proportion to the total cost of maintenanance and operation of said safety lighting as the number of legs of highways under jurisdiction of the CITY bears to the total number of legs of highways at such intersection. As the intersection has 3 legs of highways, of which CITY has jurisdiction over 2 legs, the CITY's share will be 2/3. 10.) To indemnify and save STATE, its officers, agents and employees harmless from any liability for injuries to persons or damage to property caused or resulting in any manner from STATE's performance on the said I.1PROVENIENTS under this Agreement, excepting for injuries to persons or damage to property caused or resulting from the sole negligence or willful misconduct of STATE, its officers, agents, and employees. _10_ 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 SECTION I I I TT TS MITTHAT.T.Y TiNinFn(zTnnn V.rn nr11rT:n. 1.) That obligations of STATE under terms of this Agreenent are contingent upon the allocation of funds by the California Highway Commission. 2.) That STATE shall not award a construction contract for said PROJECT and IMPROVEMENTS until•receipt of CITY's deposit required in Section II, Articles 1 and 2. In the event that CITY's deposit as required in Section II, Articles 1 and 2, are not received within the time periods specified, STATE shall delete from the contract the IMPROVEMENTS and proceed to award said contract. 3.) 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 injury (as defined by Government Code Section 810.8) occurring by reason of anything -, ;lone or omitted to be done by CITY under or in connection with" y any work, authority or jurisdiction delegates! to CITY under L this Agreement. h �; k `' -c -11- 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 h r. no^. 4.) 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 395.4, 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 delegated to CITY under this Agreement. 5.) That, in the construction of said urork, STATE will furnish a representative to perform the usual functions of a Resident Engineer; 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 en-ineer shall be final; and that no direct action with STATE's contractor in the constriction of said work shall be taken by CITY except through STATE's engineer. 6.) That, should STATE incur any additional expense on behalf of CITY pursuant to construction or engineering of the PROJECT and IMPROVE" ENTS which is not specifically defined under provisions set forth in this Agreement, said additional expense, if incurred on behalf of CITY and with -12- 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 ICITY's written consent, will be borne solely by CITY. 7.) That execution of this Agreement by CITY grants -to STATE the right to enter upon CITY -owned lands to construct the 1PROJECT and IMPROVEMENTS which lie outside of STATE's right of way. 8.) That, should STATE receive Federal reimbursement of amore than 82.94 percent of the eligible construction cost of the PROJECT and IMPROVEMENTS, 75 percent (CITY's share of the matching fund) of said Federal reimbursement over and above 82.94 percent of the electrical construction cost at the North San Pedro Road - Merrydale Road Intersection and 100 percent (CITY's matching funds) of said Federal reimbursement over and above 82.94 percent of the construction of the I"•IPROVMEMS, including STATE -furnished materials and any additional or extra work shall be refunded to CITY. 9.) That, should STATE. receive Federal reimbursement of less than 82.94 percent of the eligible construction cost of the PROJECT, CITY shall reimburse STATE 75 percent (CITY's share of the matching fund) of the difference between the Federal reimbursement and 82.94 percent of the electrical construction cost at the North San Pedro Road - P4errydale Road Intersection and 100 percent (CITY's matching funds) of the difference between the Federal reimbursement and 82.94 percent of the construction cost of the IMPROVEMIENTS, including STATE - furnished materials and any additional or extra work. -13- 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 10.) That STATE shall be the Lead Agency in the design and construction of said PROJECT and IMPROVEIMENTS and shall be responsible for compliance with all environmental laws and regulations. 11.) That upon the date of completion of all work under this Agreement, CITY will assume maintenance responsibility and ownership title to the entire signal system and safety lighting at the Forth San Pedro Road - Merrydale Road Intersection, and the CITY - requested drainage improvements as installed. 12.) That, details delineated on attached Exhibits "All and "B" are not conclusive and in no way shall be construed to indicate the final product of work to be accomplished pursuant to this Agreement. Said Exhibits "A" and "B" are attached hereto to generally define the areas through which rights of way are to be acquired and PROJECT and I`iPROVEMEN.TS constructed and are subordinate to details to be shown on final appraisal or right of uay record maps and final construction plans. -14- 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 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 CITY OF SAN RAFAEL Department of Transportation Transportation District 4 By Mayor T. R. L&MMERS District Director Attest: City Clerk By eputy District irector APPROVED AS TO FORM: --15- ity Attorney V `l SA N LINCOLN AVE.UC � EXHIBIT A HARTZEL S CHOOL N0R7HGATE SHOP PI '' A S�Po CEN -'E .01 )RA' EL ME GO' / .AVE. 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