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HomeMy WebLinkAboutPW Supplemental Freeway Maintenance Agreement; First Amendment04 -Mm 101 PM 13.7 AMENDMENT NO. 1 TO SUPPLEMENTAL FREEWAY MAINTENANCE AGREEMENT IN THE CITY OF SAN RAFAEL This Amendment No. 1 to the Supplemental Freeway Maintenance Agreement in the City of San Rafael is made and entered into by and between STATE of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE", and City of San Rafael, hereinafter referred to as "CITY" and collectively referred to as "PARTIES". WITNESSETH: WHEREAS, a Supplemental Freeway Maintenance Agreement in the City of San Rafael", hereinafter referred to as "AGREEMENT", was executed by CITY on May 7, 1962, and WHEREAS, CITY desires to maintain improvements to be constructed under Project No. 0416000141 on Route 101 at Manuel T. Freitas Parkway overcrossing in the City of San Rafael; consisting of roundabout island, landscaping, retaining walls, and sidewalk, etc); and WHEREAS, PARTIES hereto now mutually consent that AGREEMENT be amended. NOW, THEREFORE, PARTIES agree to add retaining wall article below and replace the entire Exhibit A of AGREEMENT and shall become a part of AGREEMENT for all purposes. 1. RETAINING WALLS- CITY is solely responsible for the wall in its entirety but not limited to: structural adequacy, debris removal, cleaning and painting to keep wall structure free of debris, dirt, and graffiti. TERM OF AGREEMENT AMENDMENT - This Amendment shall become effective on the date as shown below and shall remain in full force and effect until amended or terminated at any time upon mutual consent of PARTIES or until terminated by STATE for cause. PARTIES are empowered by Streets and Highways Code section 114 and 130 to enter into this Amendment and have delegated to the undersigned the authority to execute this Amendment on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Amendment. 04 -Mm 101 PM 13.7 IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first above written. CITY OF SAN RAFAEL C -1;a >` A,- Z4 ( CristineAlilovirh(Nnv21.2n2 20:57 PST) By: City Manager ATTEST; Brenna Narmi (for) Brenna Nurmi (for) (Nov 26, 2024 07:32 PST) CITY Clerk ?Obert f 15 rtein Robert F. Eostain fNov 25 024 20.43 PST) CITY Attorney STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By L" E;Ud", 12/11/2024 LEAH BUDU Date Deputy District Director Maintenance- District 4 AREA TO BE MAINTAINED BY THE CITY MAINTENANCE AGREEMENT WITH CITY OF SAN RAFAEL NOT TO SCALE EXHIBIT "A" Ta Abpre � r 1 OF 3 February 23, 2024 w. 10 K VANVAI m s...E ar• EXHIBIT "A" INN fTH TCITYHOF SANERAFAEL r SCALE: Y . SO* o` w � l A QV.R�` \ _ 'e SHEET 2 OF 3 b Fawuory 23. 2024 !_ I FQFNQ CITY IS RESPONSIBLE FOR STRUCTURAL AND AESTHETIC MAINTENANCE OF RETAINING WALLS WITHIN AREA INDICATED. AREA TO BE MAINTAINED BY THE CITY 4,P MAINTENANCE AGREEMENT WITH CITY OF SAN RAFAEL WALLS l _ cIry L="n � . A�11V1OI i 1 .. N6 N AP �,,• e� �a .r � s \ o NB ROUTE 101 ~ PRIVAf DRIVE��y� CIVIC �fh SAO EXHIBIT "A" SCALE: I"= 50' -'_N8ROUTE 101 OFF -RAMP SHEET 3 OF 3 February 23, 2024 RESOLUTION NO. 15334 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL RESCINDING RESOLUTION NO. 15306 AND APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE SUPPLEMENTAL MAINTENANCE AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORATION (CALTRANS) FOR MAINTENANCE OF PORTIONS MANUAL T. FREITAS PARKWAY AND CIVIC CENTER DRIVE WITHIN STATE RIGHT-OF-WAY WHEREAS, at the June 17, 2024 meeting, City Council adopted Resolution 15306, approving and authorizing the City Manager to enter into Amendment No. 1 to the Supplemental Freeway Maintenance Agreement in the City of San Rafael ("Maintenance Agreement"); and WHEREAS, Caltrans and the City revised Exhibit A associated with Resolution 15306. The revised Exhibit A was not included in Resolution 15306 at the June 17, 2024 meeting; and WHEREAS, Resolution 15306 shall be rescinded and readopted as this Resolution; and WHEREAS, the State of Department of Transportation ("Caltrans") generally does not maintain local city streets within the State right-of-way; and WHEREAS, portions of local streets Manual T. Freitas Parkway and Civic Center Drive within and adjacent to State right-of-way will be improved with a new roundabout per Caltrans Project No. 0416000141 (the "Project") requiring maintenance; and WHEREAS, Caltrans and the City have an existing Maintenance Agreement in place that was signed in 1962 based on the existing roadway layout; and WHEREAS, Amendment No. 1 would modify the Maintenance Agreement to match the layout of curbs, gutters, retaining walls, sidewalks, asphalt pavement, and striping after the Project is constructed; and WHEREAS, Caltrans is requiring the City to maintain those roadway infrastructure elements as more fully described in the Staff Report and Amendment No. 1 that includes the layout shown on Exhibit A; and WHEREAS, the City and Caltrans agree that the City will perform maintenance as described in Amendment No. 1 of the Maintenance Agreement. NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND that the City Council of the City of San Rafael, State of California, does hereby resolve as follows: 1. The City Council herby rescinds Resolution No. 15306 and approves and authorizes the City Manager to execute Amendment No. 1 to the Supplemental Freeway Maintenance Agreement with the State of California Department of Transportation for maintenance of portions Manual T. Freitas Parkway and Civic Center Drive within State right-of-way, subject to final approval as to form by the City Attorney. 2. The Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, LINDSAY LARA, 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 City Council of the City of San Rafael, held on Monday, the 19th day of August 2024, by the following vote, to wit: AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None ABSENT: Councilmembers: Hill Lindsay Lara, City Clerk Amendment 1 to Supplemental Freeway Maintenance Agreement - COSR Final Audit Report 2024-11-26 Created: 2024-11-25 By: Shannon Mackie (shannon.macide@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAtuA8PQn3JOHKjXRS2fDV7Zyjk3QOTjXU "Amendment 1 to Supplemental Freeway Maintenance Agreeme nt - COSR" History Document created by Shannon Mackle (shannon.mackle@cityofsanrafael.org) 2024-11-25 - 4:48:16 PM GMT- IP address: 199.88.89.34 L'-. Document emailed to rob.epstein@cityofsanrafael.org for signature 2024-11-25 - 4:49:19 PM GMT Email viewed by rob.epstein@cityofsanrafael.org 2024-11-26 - 4:43:30 AM GMT- IP address: 72.130.50.35 &6 Signer rob.epstein@cityofsanrafael.org entered name at signing as Robert F. Epstein 2024-11-26 - 4:43:53 AM GMT- IP address: 72.130.50.35 FSQ Document e -signed by Robert F. Epstein (rob.epstein@cityofsanrafael.org) Signature Date: 2024-11-26 - 4:43:55 AM GMT - Time Source: server- IP address: 72.130.50.35 24 Document emailed to cristine.alilovich@cityofsanrafael.org for signature 2024-11-26 - 4:43:57 AM GMT Email viewed by cristine.alilovich@cityofsanrafael.org 2024-11-26 - 4:57:18 AM GMT- IP address: 104.47.64.254 d© Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich 2024-11-26 - 4:57:33 AM GMT- IP address: 71.198.110.147 &Q Document e -signed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) Signature Date: 2024-11-26 - 4:57:35 AM GMT - Time Source: server- IP address: 71.198.110.147 C'► Document emailed to city.clerk@cityofsanrafael.org for signature 2024-11-26 - 4:57:37 AM GMT �rr SAN RAFAEL Powered M 01:1 Adobe v�..:...........-1,....— Acrobat Sign Email viewed by city.clerk@cityofsanrafael.org 2024-11-26 - 3:31:58 PM GMT- IP address: 104.47.64.254 b© Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi (for) 2024-11-26 - 3:32:14 PM GMT- IP address: 199.88.113.8 b© Document e -signed by Brenna Nurmi (for)(city.clerk@cityofsanrafael.org) Signature Date: 2024-11-26 - 3:32:16 PM GMT - Time Source: server- IP address: 199.88.113.8 Agreement completed. 2024-11-26 - 3:32:16 PM GMT y �\ SAN RAFAEL PowereAdobe �� Acrobat Sign Amendment 1 to Supplemental Freeway Maintenance Agreement - COSR - signed Final Audit Report 2024-12-17 Created: 2024-11-26 By: Sheila Wong-Buczek (s127602@dot.ca.gov) Status: Signed Transaction ID: CBJCHBCAABAAUXFdeX3imxOe5sDJILghUg1xWtNFgDHo "Amendment 1 to Supplemental Freeway Maintenance Agreeme nt - COSR - signed" History Document created by Sheila Wong-Buczek (s127602@dot.ca.gov) 2024-11-26 - 11:08:33 PM GMT- IP address: 149.136.25.246 C'-► Document emailed to Monique Nguyen (monique.nguyen@dot.ca.gov) for approval 2024-11-26 -11:11:37 PM GMT Email viewed by Monique Nguyen (monique.nguyen@dot.ca.gov) 2024-11-27 - 7:53:38 AM GMT- IP address: 104.28.123.112 60 Document approved by Monique Nguyen (monique.nguyen@dot.ca.gov) Approval Date: 2024-12-02 - 7:40:20 PM GMT - Time Source: server- IP address: 149.136.25.248 Ery Document emailed to Yao Tsu Hsiao oames.hsiao@dot.ca.gov) for approval 2024-12-02 - 7:40:25 PM GMT Email viewed by Yao Tsu Hsiao aames.hsiao@dot.ca.gov) 2024-12-09 - 11:06:56 PM GMT- IP address: 149.136.25.246 6© Document approved by Yao Tsu Hsiao aames.hsiao@dot.ca.gov) Approval Date: 2024-12-10 - 0:08:21 AM GMT - Time Source: server- IP address: 149.136.25.246 7► Document emailed to Leah Budu (leah.budu@dot.ca.gov) for signature 2024-12-10 - 0:08:23 AM GMT Email viewed by Leah Budu (leah.budu@dot.ca.gov) 2024-12-10 - 1:45:19 PM GMT- IP address: 104.28.123.98 6p Document e -signed by Leah Budu (leah.budu@dot.ca.gov) Signature Date: 2024-12-11 - 4:50:33 PM GMT - Time Source: server- IP address: 149.136.25.248 Po.v red by Adobe Acrobat Sign P4 Document emailed to Sheila Wong-Buczek (sheila.wong-buczek@dot.ca.gov) for acceptance 2024-12-11 -4:50:34 PM GMT d© Document accepted by Sheila Wong-Buczek (sheila.wong-buczek@dot.ca.gov) Acceptance Date: 2024-12-17 - 11:20:39 PM GMT - Time Source: server- IP address: 149.136.25.245 ® Agreement completed. 2024-12-17 - 11:20:39 PM GMT 4CA*F_ Powned by Adobe Acrobat Sign