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HomeMy WebLinkAboutCC Resolution 12179 (Canalfront Conceptual Design Plan Grant Funds)RESOLUTION NO. 12179 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING PLANNING GRANT AGREEMENT WITH THE ASSOCIATION OF BAY AREA GOVERNMENTS FOR THE CANALFRONT CONCEPTUAL DESIGN PLAN (P06-005) (COMMENCING ON JANUARY 16, 2007 AND ENDING ON JUNE 30, 2010, FOR A GRANT OF $20,000) WHEREAS, the City of San Rafael applied in May 2006 to the Association of Bay Area Governments (ABAG) for a Bay Trails grant to prepare a Canalfront Conceptual Design Plan; and WHEREAS, ABAG staff announced June 27, 2006, after review of the grant application, that the City of San Rafael is a grant recipient of $20,000 to be used towards the Canalfront Conceptual Design Plan project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael that it hereby authorizes the City Manager to execute the Planning Grant Agreement with ABAG, as shown in Attachment A. I, JEANNE M. LEONCINI, 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 Council of said City on the 16`h day of January, 2007, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None k. JEA `T �M. LEONCINI, City Clerk ASSOCIATION OF BAY AREA GOVERNMENTS BAY TRAIL PROJECT PLANNING GRANT AGREEMENT San Rafael Canalfront Conceptual Design Plan Grantee's full, legal name: City of San Rafael Address: P.O. Box 151560, San Rafael, CA 94915-1560 Phone No.: (415) 485-3067 Name of Contact: Linda Jackson Title of Contact: Principal Planner Taxpayer ID Number 94-6000424 I. SCOPE OF AGREEMENT Pursuant to Chapter 9 of Division 21 of the California Public Resources Code, the State Coastal Conservancy ("the Conservancy") awarded grant funds to be administered by the Association of Bay Area Governments (ABAG) for development of the Bay Trail Project. ABAG grants to the City of San Rafael ("the grantee") a sum not to exceed twenty thousand dollars ($20,000), subject to the terms and conditions of this agreement, to prepare the San Rafael Canalfront Conceptual Design Plan ("the Project") for the area, shown on Exhibit A, which is incorporated by reference and attached. The Project description is attached as Exhibit B, which is incorporated by reference. The grantee shall carry out the Project in accordance with this agreement and a work program to be approved by ABAG pursuant to this agreement. The grantee shall provide any funds beyond those granted under this agreement which are needed to complete the Project. II. CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND DISBURSEMENT The grantee shall not commence the Project and ABAG shall not be obligated to disburse any funds under this agreement unless and until the following conditions precedent have been met: A. A resolution has been adopted by the City Council of the grantee authorizing the execution of this agreement and approving its terms and conditions. B. ABAG has approved in writing: 1. The work program for the Project. 2. All contractors that the grantee intends to employ in connection with the Project. III. TERM OF AGREEMENT This agreement shall be deemed executed and effective when signed by both parties and together with the resolution described in the "CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND DISBURSEMENT" section of this agreement. This agreement shall run from its effective date through June 30, 2010 (the "termination date") unless otherwise terminated or amended as provided in this agreement. All work shall be completed by April 30, 2008 ("the completion date"). STANDARD PROVISIONS I. WORK PROGRAM If all or part of the Project to be funded under this agreement will be performed by third parties ("contractors") under contract with the grantee, then the grantee shall, prior to initiating any request for contractor bids, submit the bid package for review and written approval of ABAG. Upon approval by ABAG, the grantee shall proceed with the bidding process. Prior to final selection, the grantee shall submit to ABAG for written approval the names of all contractors that the grantee intends to hire. Prior to commencement of the Project, the grantee shall submit a detailed work program to ABAG for review and written approval as to its consistency with the terms of this agreement. The work program shall include: A. The specific tasks to be performed. B. A schedule of completion for the Project, specifically listing the completion date for each Project component and a final Project completion date. C. A detailed project budget ("Project Budget"). The Project Budget shall describe all labor and materials costs to be incurred to complete each component of the Project. For each Project component, the Project Budget shall list all intended funding sources including ABAG's grant, the grantee's required contribution and all other sources of monies, materials, or labor. The work program shall have the same force and effect as if included in the text of this agreement. However, the work program may be modified without amendment of this agreement upon the grantee's submission of a modified work program and ABAG's written approval of it. If this agreement and the work program are inconsistent, the agreement shall control. The grantee shall carry out the Project in accordance with the approved work program. II. COORDINATION AND MEETINGS The grantee shall coordinate with ABAG staff and shall participate in meetings and other communications as necessary to ensure coordination. III. WORK PRODUCTS All materials and work products produced by the grantee as a result of this agreement are the property of ABAG and the Conservancy. Grantee is hereby granted a nonexclusive, irrevocable license to use any and all materials and work products in connection with the proposed San Rafael Canalfront Conceptual Design Plan and/or for any other reasonably related use. IV. COSTS AND DISBURSEMENTS Upon determination by ABAG that all "CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND DISBURSEMENT" have been fully met, ABAG shall disburse to the grantee, in accordance with the approved Project Budget, a total amount not to exceed the amount of this grant, as follows: The provision of this section with a check mark, "x" or equivalent mark opposite it will apply at the commencement of the agreement. MONTHLY INVOICES Disbursements shall be made on the basis of costs incurred to date, less ten percent (10%), upon the grantee's satisfactory progress in accordance with the approved work program and upon submission of a "Request for Disbursement" form, which shall be submitted no more frequently than monthly but no less frequently than quarterly. Disbursement of the ten percent (10%) withheld shall be made upon (1) the grantee's satisfactory completion of the Project, compliance with the "PROJECT COMPLETION" section of this agreement, and submission of a fully executed final "Request for Disbursement" form; and (2) ABAG's acceptance of the Project. COMPLETION OF EACH PROJECT TASK Disbursement shall be made on the basis of costs incurred to date, less ten percent (10%), upon the grantee's satisfactory completion of each project task identified in the approved work program. The final disbursement, together with amounts earlier withheld, shall be made upon the grantee's satisfactory completion of the Project and compliance with the "PROJECT COMPLETION" section of this agreement and upon ABAG's acceptance of the Project. COMPLETION OF PROJECT Disbursement shall be made on the basis of costs incurred, upon the grantee's satisfactory completion of the Project and compliance with the "PROJECT COMPLETION" section of this agreement and upon ABAG's acceptance of the Project. The grantee shall request disbursements by filing with ABAG fully executed "Request for Disbursement" forms (available from ABAG). The grantee shall submit the final form within thirty (30) days after the completion date provided in the "TERM OF AGREEMENT" section, above. The grantee shall state on the form its name and address, the date of the submission, the amount of the invoice, the period during which the work was actually done, and an itemized description of all work done for which disbursement is requested. The form shall be signed by an authorized representative of the grantee. Additionally, each form shall be accompanied by any supporting invoices or other source documents from contractors that the grantee engaged to complete any portion of the Project funded under this agreement, and by written substantiation of completion of the portion of the Project for which disbursement is requested. With each form, the grantee shall also submit a supporting progress report summarizing the current status of the Project and comparing it to the status required by the work program (budget, timeline, task, etc). Failure to fully execute and submit a "Request for Disbursement" form, including attachment of supporting documents, will relieve ABAG of its obligation to disburse funds to the grantee unless and until all deficiencies in the form are rectified. V. EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG BUDGET ITEMS The grantee shall expend funds in the manner described in the approved Project Budget. The allocation of ABAG's total grant among the items in the Project Budget may vary by as much as ten percent (10%) without approval by ABAG. Any difference of more than ten percent (10%) must be approved in writing by ABAG. ABAG may withhold payment for changes in particular budget items which exceed the amount allocated in the Project Budget by more than ten percent (10%) and which have not received the approval required above. The total amount of this grant may not be increased except by amendment to this agreement. Any increase in the funding for any particular budget item shall mean a decrease in the funding for one or more other budget items unless there is a written amendment to this agreement. VI. PROJECT COMPLETION The grantee shall complete the Project by the completion date provided in the "TERM OF AGREEMENT" section, above. Upon completion of the Project, the grantee shall supply ABAG with two copies of evidence of completion by submitting: (1) any other work products specified in the work program for the Project; and (2) a fully executed final "Request for Disbursement" form. Within forty-five (45) days of grantee's compliance with this paragraph, ABAG shall determine whether the Project has been satisfactorily completed. If ABAG determines that the Project has been satisfactorily completed, ABAG shall issue to the grantee a letter of acceptance of the Project. The Project shall be deemed complete as of the date of the letter of acceptance. VII. EARLY TERMINATION AND FAILURE TO PERFORM, If the grantee fails to complete the Project in accordance with this agreement, or fails to fulfill any other obligations of this agreement prior to the termination date, the grantee shall be liable for immediate repayment to ABAG of all amounts disbursed by ABAG under this agreement. ABAG may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed. This paragraph shall not be deemed to limit any other remedies ABAG may have for breach of this agreement. VIII. LIABILITY The grantee shall be responsible for, indemnify and save harmless ABAG, the Bay Trail Project and State of California ("the State"), their members, directors, officers, agents and employees, from any and all liabilities, claims, demands, damages or costs resulting from, growing out of, or in any way connected with or incident to this agreement, except for active negligence of ABAG, its members, directors, officers, agents or employees. The duty of the grantee to indemnify and save harmless includes the duty to defend as set forth in Civil Code Section 2778. PUBLIC ENTITY GRANTEES: This agreement supersedes the grantee's right as a public entity to indemnity (see Gov. Code Section 895.2) and contribution (see Gov. Code Section 895.6) as set forth in Gov. Code Section 895.4. The grantee waives any and all rights to any type of express or implied indemnity or right of contribution from the State, its officers, agents or employees, for any liability resulting from growing out of, or in any way connected with or incident to this agreement. Nothing in this agreement is intended to create in the public or any member of it rights as a third party beneficiary under this agreement. IX. AUDITS/ACCOUNTING/RECORDS The grantee shall maintain standard financial accounts, documents, and records relating to implementation of the Project. The grantee shall retain these documents for three (3) years following the date of final disbursement by ABAG under this agreement, regardless of the termination date. The documents shall be subject to examination and audit by ABAG and the Bureau of State Audits during this period. The grantee may use any accounting system which follows the guidelines of "Generally Accepted Accounting Practices" published by the American Institute of Certified Public Accountants. X. NONDISCRIMINATION During the performance of this agreement, the grantee and its contractors shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment because of sex, race, religion, color, national origin, ancestry, disability, medical condition, marital status, age (over 40) or denial of family -care leave, medical -care leave, or pregnancy -disability leave. The grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. The grantee and its contractors shall comply with the provisions of the Fair Employment and Housing Act (Govt. Code Sections 12900 et seq.) and the applicable regulations (California Code of Regulations, Title 2, Sections 7285.0 et seq.). The regulations of the Fair Employment and Housing Commission regarding Contractor Nondiscrimination and Compliance (Chapter 5 of Division 4 of Title 2 of the California Code of Regulations), are incorporated into this agreement. The grantee and its contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This nondiscrimination clause shall be included in all contracts and subcontracts entered into to perform work provided for under this agreement. XI. INDEPENDENT CAPACITY The grantee, and the agents and employees of the grantee, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of ABAG. XII. ASSIGNMENT Without the written consent of ABAG, this agreement is not assignable by the grantee in whole or in part. XIII. TIMELINESS Time is of the essence in this agreement. XIV. ABAG'S DESIGNEE ABAG designates Laura Thompson as project manager who shall have authority to act on behalf of ABAG with respect to this agreement. XV. AMENDMENT Except as expressly provided in this agreement, no change in this agreement shall be valid unless made in writing and signed by the parties to the agreement. No oral understanding or agreement not incorporated in this agreement shall be binding on any of the parties. XVI. LOCUS This agreement is deemed to be entered into in the County of Alameda. The parties have caused this agreement to be executed by their respective officers, duly authorized, the provisions of which agreement are effective as of the 16th day of January, 2007. ASSOCIATION OF BAY AREA GOVERNMENTS By .•Henry L. Gardner, Executive Director PROVED AS TO FORM •$Y • • • • • • ••'Xenneth K. Moy, Legal Counsel G T E B Y Ken No off, City Mana ATTEST By�c�s....e, A Jeanne M. Leoncini, City Clerk '"01 By/ Gait' T. City Attorney N 4i* PP, Se ments #9043 and 9 Segments #9040, 9039, 9038.1, and 9038 (approximate) (Bay Trail from across Grand Avenue Bridge, with links to the Transit Center and Downtown, and potential links to Mahon Creek and to the east along the Canal waterfront) Segment #9044 (approximate) .. -60 W ,- analfront) EXHIBIT B: Project Description The Canal neighborhood in San Rafael is the most densely populated neighborhood in the city of San Rafael and in all of Marin County. While located immediately adjacent to the Bay, this busy residential area lacks sufficient access to the waterfront or to safe non -motorized transit options into and out of the neighborhood. Through the Conceptual Design Plan process, the community will decide on the most appropriate canal crossing improvements, the best way to access the Canal waterfront, the safest way to travel through an auto -dominated area, and on design guidelines to maximize the waterfront amenities through redevelopment opportunities. A revised Bay Trail alignment through this area may be recommended as a result of this study. City staff will prepare a scope of work and related RFP, select design and environmental consultants, and involve relevant agencies and stakeholder groups in the planning process. Final products will include but not be limited to: • Current base map • Preliminary environmental information • Conceptual design drawings and design guidelines for Canal waterfront walkway • Community consensus on conceptual plans and approach for moving forward • Preliminary cost estimates • Interagency consensus on design concept and agreement on constructability • Document outlining next steps and potential funding sources 10