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Home My WebLink AboutCC Resolution 10159 (Francisco Blvd Pump Station)RESOLUTION NO. 10159 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE NORTH FRANCISCO BOULEVARD PUMP STATION/ HARBOR STREET DRAIN PROJECT #4279-165601. BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, on June 1, 1992, the City Council accepted a status report on the West Francisco Storm Drainage Master Plan; and WHEREAS, on July 20, 1992, the City Council entered into an Agreement with Caltrans to perform drainage work in association with the new pump station; and WHEREAS, the final pump station design has been approved by the Design Review Board and Planning Commission; and WHEREAS, on October 20, 1997, the City Council approved the North Francisco Storm Water Pump Station Design (Caltrans) and commended Caltrans' Engineering Staff for their efforts. NOW, THEREFORE, IT IS RESOLVED that the San Rafael City Council does hereby authorize the Mayor to execute a Cooperative Agreement with the State of California for the North Francisco Boulevard Pump Station/ Harbor Street Drain Project #4279-165601. 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 "RI meeting of the Council of said City held on the 6`h day of April, 1998, by the following vote, to wit: AYES: COUNCILMEMBERS: COHEN, MILLER, PHILLIPS AND MAYOR BORO NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: H E L L E R JEANW-M. LEONCINI, City Clerk -2- 0:140-134 04-Mrn-101-KP 16.6/17.2 PM 10.3/10.7 N. Francisco Blvd. Pump Station/Harbor St. Drain 4279-165601 Dist. Agmt. No. 4-1669-C Document No. Mrn-21- -ALWO COOPERATIVE AGREEMENT THIS AGREEMENT, ENTERED INTO ON is between the STATE OF CALIFORNIA, acting by and through its De- partment of Transportation, referred to herein as "STATE", and CITY OF SAN RAFAEL, a body politic and a municipal corporation of the State of California, referred to herein as "CITY". RECITALS (1) STATE and CITY, pursuant to Streets and Highways Code Sections 114, are authorized to enter into a Cooperative Agreement for improvements to State highways within the CITY. (2) STATE desires State highway improvements consisting of drainage improvements on Route 101 at kilometer post 16.6 and kilometer post 17.2 in the City of San Rafael referred to herein as "PROJECT", and is willing to fund 100% of all capital outlay and staffing costs. PROJECT includes the modification of the ex- isting Harbor Street Drain (Bridge No. 27-75), a 2.4m x 1.2m re- -1- District Agreement No. 4-1669-C inforced concrete box culvert (RCBC) at kilometer post 16.6, by inserting three 600mm plastic pipes and backfilling with slurry cement backfill, and the construction of a new drainage system consisting of a 2.4m x 2.4m RCBC, a 2700mm RCP, a 2700mm RCP, and a pump station and backup generators at kilometer post 17.2. (3) The parties hereto intend to define herein the terms and conditions under which PROJECT is to be designed, con- structed, financed, and maintained. (4) It is anticipated that Federal -aid funds will be allocated for financing 88.53% of the PROJECT costs which are el- igible for Federal -aid participation and STATE will bear the re- mainder of the costs as set forth herein. SECTION I STATE AGREES: (1) To provide all necessary preliminary engineering, including plans and specifications and utility identification and location, and all necessary construction engineering services for PROJECT and bear all (100%) of the actual expense thereof. (2) To advertise, open and review bids, and award the construction contract for PROJECT. (3) To construct PROJECT by contract in accordance with plans and specifications of STATE. (4) To pay an amount equal to 100% of the actual PROJECT construction cost, estimated to be $6,332,000, and 100% -2- District Agreement No. 4-1669-C of the actual right of way cost, estimated to be $4,000. In no event shall STATE's total obligation for PROJECT construction costs under this Agreement, excluding costs referred to in Sec- tion III, Articles (10) and (14) of this Agreement, exceed the amount of $7,165,000, provided that STATE may, at its sole dis- cretion, in writing, authorize a greater amount. (5) To maintain all those facilities constructed pursu- ant to this Agreement which lie within STATE's right of way and to bear the entire expense thereof except those facilities re- ferred to in Section II, Article (3). (6) To maintain all portions of PROJECT within STATE's right of way except those portions referred to in Section II, Ar- ticle (3) and make no claim against CITY for any portion of such maintenance expense. SECTION II CITY AGREES: (1) To construct the necessary improvements, at CITY's expense, to divert and direct flow from the existing drainage system at kilometer post 16.6 to the new drainage system at kilo- meter post 17.2 prior to the 1998/99 winter season. (2) At CITY's cost and expense, to accept ownership, operation, maintenance, and liability of all portions of the new drainage system as constructed pursuant to this Agreement which -3- District Agreement No. 4-1669-C lie outside of STATE's right of way including the new pump sta- tion and backup generators at kilometer post 17.2. (3) At CITY's cost and expense, to accept ownership, maintenance and liability of all portions of the new drainage system at kilometer post 17.2 as constructed pursuant to this Agreement which lie within STATE's right of way including but not limited to the 2.4m x 2.4m RCBC, the 2700mm RCP and the 2700mm RCP and make no claim against STATE for such expense. (4) To provide railroad clearance documentation from the Golden Gate Bridge, Highway and Transportion District (GGBH&TD) for the construction work to be done under the GGBH&TD railroad tracks that cross Irwin Street, within CITY's right of way. SECTION III IT IS MUTUALLY AGREED: (1) All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission. (2) All obligations of CITY under the terms of this Agreement are subject to the appropriation of resources by CITY and the allocation of resources by the City Council. (3) Should any portion of PROJECT be financed with Fed- eral funds or State gas tax funds, all applicable laws, regu- -4- District Agreement No. 4-1669-C lations and policies relating to the use of such funds shall apply, notwithstanding other provisions of this Agreement. (4) STATE shall not advertise the construction contract for PROJECT until this Agreement is executed by STATE and CITY for construction of PROJECT. (5) STATE's goals for utilization of Disadvantaged Business Enterprise (DBE) will be included in the construction contract. The contract goals will be based on a technical analy- sis of contract items and certified DBE subcontractors in the area. STATE will award construction contract to the lowest re- sponsible bidder who meets the goals or who made, in the sole judgment of STATE, a good faith effort to do so. (6) In the construction of said work, STATE will fur- nish a representative to perform the functions of a Resident En- gineer, and CITY may, at no cost to STATE, furnish a representative, and said representative and Resident Engineer will cooperate and consult with each other, but the decisions of STATE's Resident Engineer shall prevail. (7) Execution of this Agreement by CITY grants to STATE and STATE's contractors the right to enter upon CITY owned lands including San Rafael Sanitation District owned land to construct PROJECT. (8) Prior to advertising of bids for the construction contract for PROJECT, CITY may terminate this Agreement, in writ- ing, provided that CITY pays STATE for all PROJECT related costs incurred by STATE under terms of this Agreement. -5- District Agreement No. 4-1669-C (9) If termination of this Agreement is by mutual con- sent, STATE will bear 50% and CITY will bear 50% of all PROJECT related costs incurred by STATE prior to termination. (10) If any existing public and or private utility fa- cilities conflict with PROJECT construction or violate STATE's encroachment policy, STATE shall make all necessary arrangements with the owners of such facilities for their protection, relo- cation or removal. If there are costs of such protection, relo- cation or removal which STATE and CITY must legally pay, STATE will bear 100% of the cost of said protection, relocation or re- moval, plus cost of engineering overhead and inspection. If any protection, relocation, or removal of facilities is required, such work shall be performed in accordance with STATE policy and procedure for those facilities located within the limits of work providing for the improvement to the STATE highway and in accord- ance with CITY policy for those facilities located outside of the limits of work providing for the improvement to the State high- way. (11) Upon completion and acceptance of the PROJECT con- struction contract by STATE, STATE will accept control of and will maintain, at its own cost and expense, those portions of PROJECT lying within STATE's right of way, except local roads de- legated to CITY for maintenance and the new drainage system re- ferred to in Section II, Article (3). (12) CITY will accept ownership, control and maintain, at its own cost and expense, those portions of PROJECT lying out - IM District Agreement No. 4-1669-C side of STATE's right of way. Also, CITY will maintain, at CITY expense,local roads within STATE's right of way delegated to CITY for maintenance and the new drainage system referred to in Sec- tion II, Article (3). (13) For maintenance during an emergency CITY will first contact the Maintenance Chief, North Bay Region at 611 Payran Street, Petaluma, Ca. 94952 at telephone # 707-762-6641 and FAX # 707-778-8024, if there is no response then CITY will contact the Transportation Management Center (TMC) which is open 24 hours at telephone # 510-286-6916 and FAX # 510-286-6026. CITY shall notify TMC for any lane closure clearance and upon reopen- ing of lanes. (14) If any unforeseen potential hazardous waste sites are encountered during construction of PROJECT, STATE will bear all (100%) of the cost for any remedial work required within STATE's right of way and CITY will bear all (100%) of the cost for any remedial work required within CITY's right of way pursu- ant to this Agreement. (15) Upon completion of all work under this Agreement, ownership and title to all materials, equipment and appurtenances installed within STATE's right of way will automatically be vested in STATE, and materials, equipment and appurtenances in- stalled outside of STATE's right of way will be automatically vested in CITY except those facilities referred to in Section II, Article (3). No further agreement will be necessary to transfer ownership as hereinabove stated. -7- District Agreement No. 4-1669-C (16) Nothing in the provisions of this Agreement is in- tended to create duties or obligations to or rights in third par- ties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of State highways different from the standard of care imposed by law. (17) Neither STATE 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 CITY under or in con- nection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully de- fend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in con- nection with any work, authority or jurisdiction delegated to CITY under this Agreement. (18) 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 con- nection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully de- fend, indemnify and save harmless CITY, all officers and employ - MM District Agreement No. 4-1669-C ees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in 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 delegated to STATE under this Agreement. (19) No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto and no oral understanding or agreement not incor- porated herein shall be binding on any of the parties hereto. (20) Those portions of this Agreement pertaining to the construction of PROJECT shall terminate upon completion and ac- ceptance of the construction contract for PROJECT by STATE, or on I! e% 0140 b -j District Ab__eement No. 4-1669-C June 30, 2002, whichever is earlier in time; however, the owner- ship, operation, maintenance, liability, and claims clauses shall remain in effect until terminated or modified, in writing, by mu- tual agreement. STATE OF CALIFORNIA Department of Transportation JAMES W. VAN LOBEN SELS Direc of Transpor ation i By , Tistric ivision Chief CITY OF SAN RAFAEL BY /yor /L Attest : � , ity Cletk Approved as to form and procedure Ap ovedayvttorney form Attorney ''vv° `- Department of Transportation Certified as to budgeting of funds District Bu get anager c Certified as to financial terms and conditions D 'strict ' ccountin 9 Administrator -10-