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Home My WebLink AboutCC Resolution 14595 (Francisco Blvd West Multi-Use Path Funding Request)1 RESOLUTION NO. 14595 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATIVE FUNDING AGREEMENT WITH THE TRANSPORTATION AUTHORITY OF MARIN ALLOCATING $2.95 MILLION OF REGIONAL MEASURE 2 FUNDING TO THE SECOND STREET TO ANDERSEN DRIVE MULTI-USE PATHWAY WHEREAS, the North South Greenway is a non-motorized transportation network in Marin County that has been, and will continue to be, implemented in phases. The Transportation Authority of Marin (TAM) has sponsored several projects that are closing gaps in the Greenway network; and WHEREAS, the City of San Rafael is pursuing a project to create a multi-use path facility (MUP) connecting the northern terminus of the Cal Park Hill Pathway at Andersen Drive to Second Street near the Bettini Transportation Center and adjacent to the SMART railroad tracks in downtown San Rafael (the “Project”). The Project is part of the Greenway network; and WHEREAS, the City has phased the Project due to limited funding resources and will seek future funding to complete the original scope of work; and WHEREAS, TAM and the Metropolitan Transportation Commission (MTC) support building this facility and have allocated funds to advance the Project in the past; and WHEREAS, the City has diligently developed the Project by completing an environmental analysis, finalizing the construction documents, and obtaining resource agency permits, and is prepared to enter into a contract to construct the Project; and WHEREAS, the City has worked with the Sonoma Marin Area Rail Transit (SMART) District to allow the multi-use path to be constructed within SMART right-of- way, and the City and SMART are working together to allow the path to be constructed concurrent with the passenger rail extension project from San Rafael to Larkspur to the extent possible consistent with SMART’s construction schedule and the funding available to the City; and WHEREAS, on February 12, 2018 the TAM Board authorized the TAM Executive Director to submit a request to the MTC to allocate $2.95M of Regional Measure 2 funding, and authorized entering into a funding agreement with the City under several conditions stated below; and WHEREAS, the Project has been reviewed by the City of San Rafael Bicycle Pedestrian Advisory Committee; 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES that the City Manager is authorized to execute the cooperative funding agreement with TAM attached hereto as Exhibit 1 and incorporated herein by reference, accepting $2.95 million to be utilized for the construction of the MUP Project. I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoin g resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 15th day of October 2018 by the following vote, to wit: AYES: NOES: ABSENT: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips COUNCILMEMBERS: None COUNCILMEMBERS: None _______________________ LINDSAY LARA, City Clerk Page 1 of 3 FUNDING AGREEMENT NO. 2018-20 COOPERATIVE FUNDING AGREEMENT BY AND BETWEEN THE TRANSPORTATION AUTHORITY OF MARIN AND THE CITY OFSAN RAFAEL This AGREEMENT is made this ____ day of __________ 2018, by and between the Transportation Authority of Marin, hereinafter referred to as “TAM,” and the City of San Rafael, hereinafter referred to as “CITY.” RECITALS: WHEREAS, The North South Greenway is a non-motorized transportation network in Marin County that has been, and will continue to be, implemented in phases. TAM has sponsored several projects that are closing gaps in the Greenway network, and WHEREAS, CITY is pursuing a project to create a multi-use path facility connecting the northern terminus of the Cal Park Hill Pathway to Second Street near the Bettini Transportation Center and is adjacent to the SMART railroad tracks in downtown San Rafael. Project is part of the Greenway network, and WHEREAS, CITY may phase the project due to limited funding resources and if necessary will seek future funding to complete the original scope of work, and WHEREAS, TAM and the Metropolitan Transportation Commission (MTC) support building this facility and have allocated funds to advance the project in the past, and WHEREAS, CITY has diligently developed the project by completing an environmental analysis, finalized the construction documents, obtained resource agency permits and is prepared to enter into a contract to construct the project, and WHEREAS, CITY has worked with the Sonoma Marin Area Rail Transit (SMART) District to allow the multi-use path to be constructed within SMART right-of-way, and CITY and SMART will work together to allow path to be constructed concurrent with the passenger rail extension project from San Rafael to Larkspur to the extent possible consistent with SMART’s construction schedule and the funding available to CITY, and WHEREAS, On February 12, 2018 the TAM Board authorized the Executive Director to submit a request to the MTC to allocate $2.95M of Regional Measure 2 funding and authorized entering into a funding agreement with the CITY under several conditions stated below, and WHEREAS, TAM does not own any facilities in the area and is merely providing funding for the project. NOW, THEREFORE, it is mutually agreed by and between the parties as follows: AGREEMENT: TAM agrees that it shall: 1.Reimburse CITY for direct project costs associated with the construction of the project in an amount not-to-exceed $2,950,000 in accordance with the conditions of the Board. TAM recognizes these funds contribute to the funding plan but do not fully fund the project. Page 2 of 3 2.Provide financial oversight of project in cooperation with CITY. CITY agrees that it shall: 1.Submit the construction documents, estimates, resource agency permits to TAM for the ir record when available. 2.Contribute funding, work with Marin County to secure funding, seek grant funding, and/or secure private funds to close funding gap if one exists. 3.Use all other committed funding sources first before using Regional Measure 2 funds. 4.Complete project with no representation or guarantee that any additional funds will be contributed from TAM 5.Enter into a contract with SMART to implement the scope of work if SMART is willing to do so. 6.Submit progress invoice and a final invoice to TAM with back-up documentation to support invoice amount. 7.Submit brief progress report to TAM for reporting requirements to MTC as necessary. 8.Post on both sides of the construction site at least two signs visible to the public stating project is funded with Regional Measure 2 Toll Revenues. It is Mutually Agreed: 1.TERM: This AGREEMENT shall terminate upon the completion of the construction phase and acceptance by the CITY or on June 30, 2020, whichever is earlier 2.MODIFICATION: This AGREEMENT, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may not be extended past the term without written consent from both parties 3.The CITY shall indemnify and hold harmless TAM, its Commissioners, officers, agents and employees from all claims, demands, injury, and/or liability, direct or indirect, incurred by reason of any act or omission of CITY, its officers, agents, employees, and sub-contractors, under or in connection with this funding agreement including but not limited to the PS&E package. CITY agrees at its own cost, expense, and risk, to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against TAM, its Commissioners, officers, agent, and employees, or any of them, arising out of such act or omission, and to pay and satisfy any resulting judgments. 4.The TAM shall indemnify and hold harmless CITY, its Supervisors, officers, agents and employees from any and all claims, demands, injury, and/or liability, direct or indirect, incurred by reason of any act or omission of TAM, its officers, agents, employees, and sub-contractors, under or in connection with this funding agreement including but not limited to the PS&E package. TAM agrees at its own cost, expense, and risk, to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against CITY, its Supervisors, officers, agent, and employees, or any of them, arising out of such act or omission, and to pay and satisfy any resulting judgments. 5.SEVERABILITY: Should any part of this AGREEMENT be declared unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decisions Page 3 of 3 shall not affect the validity of the remainder of this AGREEMENT, which shall continue in full force and effect; provided that the remainder of this AGREEMENT can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the parties. 6.TERMINATION: This AGREEMENT will be subject to termination as follows: a) if path project is not completed as part of SMART’s passenger rail extension project from San Rafael to Larkspur, or b) breach of any obligation, covenant or condition by the other party, upon notice to the breaching party, or c) by mutual consent of both parties. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the day first written above. TRANSPORTATION AUTHORITY OF MARIN CITY OF SAN RAFAEL __________________________________ __________________________________ Dianne Steinhauser Jim Schutz Executive Director City Manager APPROVED AS TO FORM (Optional): __________________________________ City Attorney