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HomeMy WebLinkAboutPW Grand Ave Pathway Connector Project Right of WayAgenda Item No: 3h Meeting Date: July 2, 2012 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: Director of Public Works (LB) City Manager Approval: £ File No.: 18.06.59 SUBJECT: A RESOLUTION ACCEPTING A PROPOSAL FROM THE COUNTY OF MARIN FOR RIGHT OF WAY SERVICES FOR THE GRAND AVENUE PATHWAY CONNECTOR PROJECT AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE COUNTY OF MARIN FOR AN AMOUNT NOT TO EXCEED $50,000.00 RECOMMENDATION: Adopt Resolution BACKGROUND: Previously, the corridor along Francisco Boulevard East and Grand Avenue between Bellam Boulevard and Second Street, specifically the existing Grand Avenue Bridge, was identified as a location in need of bicycle and pedestrian improvements. This corridor is one of only two which provides access in and out of the neighborhoods in East San Rafael. The 580/101 Connector project completed the construction of a 9 to 12 foot wide sidewalk/multi-use pathway from Bellam Blvd. to Vivian Way along East Francisco Blvd. The segment from Vivian Way to the southerly end of the Grand Avenue Bridge has been designed and is anticipated to be constructed in 2013 with the help of a $1.5 million federal Non -Motorized Transportation Pilot Program (NTPP) grant. In 2011 the City was awarded a $200,000 grant from the San Francisco Bay Trails Association to develop a design and provide environmental permitting assistance for continuing the sidewalk/multi-use path to 2"a Street across the Grand Avenue Bridge. The new design is comprised of a new 12 foot wide bicycle and pedestrian bridge along Grand Avenue on the east side of the existing vehicular bridge. The design of the bridge will be completed by September 2012. Last month, the City applied for a Bicycle Transportation Account (BTA) grant in the amount of $1,409,000 for the construction of the bridge. We anticipate hearing back on whether the grant has been awarded to the City later this summer. This particular area along Grand Avenue has a right of way of only 60 feet. In order to construct the new bridge abutments and to transition the sidewalk to the new bridge entry to the private property of two File No.: 44 ,.-/ 3 ` /`i Council Meeting: FOR CITY CLERK ONLY Disposition: ' ' "` 133�C SAN RAFAEL CITY COUNCIL AGENDA REPORT 1 Page: 2 separate parcels is required. In addition, research and purchase of a portion of the parcels is required in order for the area to be included as part of the public Right of Way. ANALYSIS: Research of the existing property lines and purchase of right of way for public use is necessary for the ongoing use of the pedestrian and bicycle bridge after construction. The scope of services for Right of Way research and acquisition for two identified parcels has been established. The County of Marin Public Works Department has agreed to provide such services and expects to be reimbursed for their staff time. Staff recommends the City Council authorize the Public Works Director to enter into an agreement with the County of Marin to start the property acquisition. FISCAL IMPACT: The total cost for the County of Marin Public Works Department to provide research and acquisition services, including the anticipated cost to purchase the necessary right-of-way including all associated fees and services is $41,000. However, due to the complexity of the existing right-of-way along Grand Avenue we recommend developing the contract to not exceed $50,000. OPTIONS: 1. Accept the proposal and adopt Resolution authorizing the Public Works Director to enter into an Agreement with the County of Marin to provide Right of Way acquisition services in an amount not to exceed $50,000. 2. Do not approve the agreement and direct staff to stop working on the Grand Avenue Connector Project bridge project. ACTION REQUIRED: Staff recommends City Council accept the proposal and adopt a Resolution authorizing the Public Works Director to enter into an Agreement with the County of Marin to provide Right of Way acquisition services, in a form agreed by the City Attorney, in an amount not to exceed $50,000. ENCLOSURES: 1. Resolution 2. Agreement RESOLUTION NO. 13370 A RESOLUTION ACCEPTING A PROPOSAL FROM THE COUNTY OF MARIN FOR RIGHT OF WAY SERVICES FOR THE GRAND AVENUE PATHWAY CONNECTOR PROJECT AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE COUNTY OF MARIN FOR AN AMOUNT NOT TO EXCEED $50,000.00 WHEREAS, the City of San Rafael Department of Public Works received a grant in the amount of $200,000 for the design of the "Grand Avenue Pathway Connector Project" from the Association of Bay Area Governments; and WHEREAS, the City is currently designing a twelve foot wide bicycle and pedestrian bridge along the east side of Grand Avenue; and WHEREAS, the bridge will improve the safety and convenience of bicycle commuters by serving major transportation corridors and removing travel barriers to potential bicycle commuters; and WHEREAS, the City applied for a grant for the construction of the bridge after design is complete; and and WHEREAS, Right of Way research and acquisition is required to construct the bridge; WHEREAS, the County of Marin is a certified Right -of -Way Agent capable of providing the required services. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Rafael does hereby authorize the Public Works Director to enter into an agreement with the County of Marin for its staff to provide Right -of -Way acquisition services in connection with the Grand Avenue Pathway Connector project, and to reimburse the County for such services and the County's costs related to such acquisition, in a form agreed by the City Attorney and an amount not to exceed $50,000. I, ESTHER C. BEIRNE, 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 2" a day of July, 2012, by the following vote, to wit: AYES: COUNCILMEMBERS: Connolly, Levine, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller ESTHER C. BEIRNE, City Clerk File No.: 18.06.59 COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF MARIN AND THE CITY OF SAN RAFAEL FOR THE GRAND AVENUE PATHWAY CONNECTOR PROJECT THIS AGREEMENT is made and entered into as of this day of , 2012, by and between the CITY OF SAN RAFAEL, a municipal corporation hereinafter referred to as "City", and the COUNTY OF MARIN, a political subdivision of the State of California, hereinafter referred to as "County": WHEREAS the City is currently designing a bicycle and pedestrian bridge to cross the San Rafael Canal, adjacent to Grand Avenue known as the Grand Avenue Pathway Connector Project (hereinafter referred to as Project); and WHEREAS the construction and ongoing use of the bridge will require the acquisition of public right of way; and WHEREAS the County is qualified to acquire right of way for said project: THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: The County will prepare all appraisals, documents, and agreements necessary to acquire the aforementioned right of way. The County is familiar and experienced with state and federal right of way acquisition requirements. The services required will be through a written agreement acceptable to the California Department of Transportation. The cost for the services of the County will be billed directly to the City on a bi-weekly or monthly basis for payment; and 2. The County, assisted by agents of the City, will perform all negotiations necessary to acquire the aforementioned right of way. No settlement or agreements for acquisition of right of way shall be finalized without the prior approval of the City Council. All maps and surveys necessary for the transactions will be provided by the City; and 3. The City will be totally responsible for all costs and disbursements of funds associated with the purchase and acquisition of the aforementioned right of way. The County will assume no responsibility for the management of funds relating to this project; and 4. The County's role will be limited only to the review and certification of valuations, maps, documents, surveys, agreements, files and all negotiations necessary to acquire the aforementioned right of way, in compliance with all applicable state and federal requirements; and 5. In the event an action in "eminent domain" is required by the City in connection with this project, County shall have no obligation, save and except, furnishing its personnel who have worked on the right of way acquisition as witnesses, at the rate specified in Section 6 below; and - 1 - 6. The City will financially reimburse the County in an amount not to exceed $50,000 for work performed by its staff right-of-way agents under this agreement as described in the proposal attached hereto as Exhibit "A"; and 7. Term: The term of this AGREEMENT will remain in effect until terminated as provided in Paragraph 8. 8. Termination: Either party hereto may terminate this AGREEMENT for any reason by giving ten (10) calendar day's written notice to the other party. 9. Mutual indemnification: It is mutually understood and agreed, that each party shall indemnify, defend and hold harmless from any and all liabilities including, but not limited to costs and attorneys fees, arising from any and all claims and losses to anyone who may be injured or damaged by reason of that party's willful misconduct or negligence in performance of this AGREEMENT. 10. Notices: Any notice which maybe required under this AGREEMENT shall be in writing, shall be effective when received and shall be given by personal service, or by certified or registered mail, return receipt requested, to the addresses set forth below, or to such addresses which may be specified in writing to the parties hereto: City of San Rafael County of Marin 111 Morphew Street Dept. of Public Works, Real Estate Division P.O. Box 151560 PO Box 4186 San Rafael, CA 94915-1560 San Rafael, CA 94913-4186 Attn: Nader Mansourian Attn: Eric Lueder 11. Additional Acts and Documents: Each party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents and instruments, as shall be reasonably requested to carry out the provisions, intent, and purpose of this AGREEMENT. 12. Integration: This AGREEMENT represents the entire AGREEMENT of the parties with respect to the subject matter hereof, and all such agreements entered into prior hereto are revoked and superseded by this AGREEMENT, and no representations, warranties, inducements, or oral agreements have been made by any of the parties except as expressly set forth herein, or in other contemporaneous written agreements. 13. Amendment: This AGREEMENT may not be changed, modified or rescinded except in writing, signed by all parties hereto, and any attempt at oral modification of this AGREEMENT shall be void and of no effect. 14. Assignment: This AGREEMENT may not be assigned, transferred, hypothecated, or pledged by any party without the express written consent of the other party. This AGREEMENT shall be binding upon the successors, assigns or transferees of City or County as the case may be. This provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this AGREEMENT other than as provided above. -2- 15. 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 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. CITY OF SAN RAFAEL Nader Mansourian Public Works Director ATTEST: Esther C. Beirne, City Clerk Date: APPROVED AS TO FORM: Robert F. Epstein, City Attorney -3- COUNTY OF MARIN President, Board of Supervisors ATTEST: Clerk of the Board Date: APPROVED AS TO FORM: County Counsel Robert Beaumont DIRECTOR F X%p .......................DE PARTME.I T..OF..... FU-Bt[C-W.Q.RKS. People serving people. Administration March 27, 2012 PO Box 4186 San Rafael, CA 94913-4186 Mr. Kevin McGowan 415 473 6528 T Assistant Public Works Director 415 473 3799 F City of San Rafael 415 473 3232 TTY 111 Morphew Street CRS Dial 711 www.marincounty.org/pw P.O. Box 151560 Disability Access San Rafael, CA 94915-1560 Accounting e. Funds for Right of Way Purchases $5,000 Engineering & Survey Re: Right of Way Services Proposal — Grand Avenue Pedestrian Pathway Airport Estimated Total $41,000 Water Resources Dear Kevin, Building Maintenance the private properties impacted by the project. Capital Projects As requested, I have reviewed the proposed project "Preliminary Study Report" Purchasing along with property records for the 2 properties to be impacted by the project. Certified Unified Program This letter shall serve as an estimate for preliminary right of way activities Agency (CUPA) necessary to ultimately secure the property rights for the project. Communications The following tasks are estimated as follows with explanation below; Maintenance a. Preliminary Title Reports $1,000 County Garage b. Independent Real Estate Appraisal Services $10,000 c. Property Owner Appraisal Reimbursements $10,000 Disability Access d. County Right of Way Services $13,000 e. Funds for Right of Way Purchases $5,000 Engineering & Survey f, Title Insurance and Escrow Fees $2,000 ,_ — Flood Control & Estimated Total $41,000 Water Resources Task a., Preliminary Title Reports are necessary to determine the legal owners of Land Development the private properties impacted by the project. Task b., Independent Real Estate Appraisal Services are required to determine Purchasing the fair market value of the property rights necessary to construct the project as proposed. Based on experience with similar projects, I estimate that an Real Estate independent appraiser will charge up to $5,000 per property to supply appraisal Reprographic Services reports. Task c., Property Owner Appraisal Reimbursements. California Code of Civil Road Maintenance Procedure § 1263.025(a) requires that a public entity shall offer to pay the reasonable costs, not to exceed $5,000, for an independent appraisal ordered by Stormwater Program the owner of a property that the public entity offers to purchase under threat of eminent domain, at the time the public entity makes the offer to purchase the Transportation & property"- Traffic Ooerwiors I Waste Management 9 CITY OF SAN RAFAEL Fffo-lqik NA INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. 3h DATE OF MEETING: 7/2/2012 DEPARTMENT Nader Mansourian Public Works 6/26/12 TITLE OF DOCUMENT: A RESOLUTION ACCEPTING A PROPOSAL FROM THE COUNTY OF MARIN FOR RIGHT OF WAY SERVICES FOR THE GRAND AVENUE PATHWAY CONNECTOR PROJECT AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ENTER INTO A COOPE AR TTVE AGREEMENT WITH THE COUNTY OF MARIN FOR AN AMOUNT NOT TO EXCEED $50,000.00 Department Head (signature) *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY AGENDA ITEM: Uri City Manager (signature) APPROVED AS TO FORM: City Attorney (signature) L -City R/W Estimate March 27, 2012 Page 2 of 2 Task d., County Right of Way Services are estimated at 87 hours of labor for a total of $13,000 to oversee the right of way tasks and acquire the necessary property rights. Task e., Funds for Right of Way Purchases, it is difficult at this time to estimate the funds necessary to acquire the necessary property rights. At such time that the appraisals are available, the funds necessary to complete the acquisitions may change significantly. For budgeting purposes I have included a rough estimate of $5,000 for the property rights to be acquired. Task f., Title Insurance and Escrow Fees are estimated at $2,000 to complete both transactions through a qualified Title Company. If the City finds this estimate and list of tasks acceptable, then I will provide a draft Memorandum of Understanding that will serve as the agreement between the parties for the County to provide the requested Right of Way Services. This estimate is based on preliminary information and may require amendment as more information becomes available. I look forward to working with the City to successfully complete this project. Very trqLy- rours, Eric Lueder Chief Real Property Agent Real Estate Division (415) 473-6578 cc: Saaid Fakharzadeh Leslie Blomquist. City of San Rafael F:\Real EstatOSPECIAL PROJECTS\S an Rafael - Grand Avenue Ped BiidgeVAr to City RWestdocx