HomeMy WebLinkAboutCC Resolution 13370 (Grand Ave. Pathway Connector Project)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 Pathwa\ Connector project, and to reimburse the Count} 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" d 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.
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 ar
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
M
... .... ...
... .... .............. ... ... D.EPARTMENTOF ..... PUBV.C� ... WORK5
COUNTY OF MARIN People serving people.
Robert Beaumont
DIRECTOR
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
I I I 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
Flood Control &
Dear Kevin,
Building Maintenance
Task a., Preliminary Title Reports are necessary to determine the legal owners of
Capital Projects
As requested, I have reviewed the proposed project "Preliminary Study Report"
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
Estimated Total $41,000
Flood Control &
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
Rem Estatc
independent appraiser will charge up to 55,000 per property to supply appraisal
Reprcqraphic Serv:,:es
reports.
Task e., Property Owner Appraisal Reimbursements. California Code of Civil
Road Maintericice
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
Sformwater 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
Tran sportafort
Traffic OocroIors
Property.
Waste Marc -gement
F
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 4�OOPERATJVE 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:
City Manager (signature)
1kro-11111"i NN-001NO
f
ORNMEM
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:1Real EstatOSPECIAL PRC)JE(-'TS,San Rafael - Graud Avenue Ped.BiidgeTtr to City RWestdock