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
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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
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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
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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.
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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.
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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
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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
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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
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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
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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.
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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.
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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.
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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
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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.
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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.
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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:
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ity Attorney
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