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Home My WebLink AboutCC Resolution 12944 (580-101 Connector Project)RESOLUTION NO. 12944 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ENTER INTO AN AGREEMENT WITH THE COUNTY OF MARIN TO PROVIDE RIGHT OF WAY ACQUISITION SERVICES FOR THE I- 580/NB 101 CONNECTOR PROJECT INCLUDING BELLAM BLVD./FRANCISCO BLVD. EAST SIDEWALK IMPROVEMENTS, IN AN AMOUNT NOT TO EXCEED $36,000. BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, I-580/NB101 Connector project was designed to improve congestion and safety in East San Rafael; and WHEREAS, additional funds were identified to include sidewalk improvements along Bellam Blvd. between Kerner and EB I-580 ramps and Francisco Blvd. East between Bellam Blvd. and Vivian Way; and WHEREAS, the City and the Transportation Authority of Marin (TAM) cooperated to include the Francisco Blvd. East improvements identified in the Non - Motorized Transportation Pilot Program project and additional design requirements on Bellam into the I-580/NB101 Connector project; and WHEREAS, these improvements require elimination of the northbound right turn only lanes at Tiburon Street, Louise Street and Vivian Way; and WHEREAS, additional Right of Entry and Right of Way acquisition is required to enhance the project construction and final product; and WHEREAS, Caltrans requires a certified Right of Way Agent to perform Right of Way acquisition for Caltrans projects, and the County of Marin is a certified Agent with Caltrans; NOW, TIIEREFORE, 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 to provide Right of Way acquisition services for the I- 580/NB101 Connector project including Bellam Blvd., Francisco Blvd. East sidewalk widening in a form agreed by the City Attorney and in an amount not to exceed $36,000. 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 19`h day of April, 2010, by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk File No.: 16.01.248 & 07.02.39 0 COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF MARIN AND THE CITY OF SAN RAFAEL FOR THE 101/580 SIDEWALK IMPROVEMENT PROJECT AND RIGHT OF WAY CERTIFICATION THIS AGREEMENT is made and entered into as of this /s�r day of tsTu c -`I ,2010, 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 engaged in a Caltrans Project for the purpose of designing and constructing a State Highway over crossing structure over Bellam Boulevard and adjacent sidewalk improvements along Bellam Boulevard and East Francisco Boulevard known as the 580/101 Sidewalk Improvement Project (hereinafter referred to as Project); and WHEREAS the construction of the sidewalk improvements will require the acquisition of roadway right of way; and WHEREAS Caltrans regulations require that the acquisition of such right of way be made under the direction of an agency qualified by the State of California (hereinafter referred to as State); and WHEREAS the City is not qualified by the State to acquire the subject right of way for this project; and WHEREAS the County is qualified by the State 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 -t- 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 if any issues arise in the course of this project the City staff and City attorney will assist County to resolve same; 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 nothing in this Agreement shall constitute or require the County to acquire or secure an easement through eminent domain proceedings; and 6. The City will financially reimburse the County at the rate of $150 per hour (up to a maximum of $36,000) for the work performed by its staff right of way agents under this Agreement; 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. Indemnification: City agrees to indemnify, defend, and hold County, its employees, officers, and agents harmless from any and all liabilities including, but not limited to, litigation costs and attorney's fees arising from any and all claims in the performance of this agreement, but excluding willful misconduct by County, its officers, agents or employees. 10. Limit of Liability: Should any liability for or damages arise out of the County's performance of this Agreement, regardless of form of the action that imposes liability, whether in contract, tort, equity, negligence, incidental or consequential, County liability will be limited to and shall not exceed, the amount of the actual fees paid for the services rendered as provided for in Paragraph 6. 11. No Third Party Rights: The parties to this agreement do not intend to create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation or undertaking established herein. M H 12. Notices: Any notice which may be 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: Terry Toner 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. * * * *Signature Page follows* * * * -3- CITY OF SAN RAFAEL i�biz h ari, Interim is Works Director ATTEST: 'fV&,g C . ge_fI r. - Esther C. Beirne, City Clerk Date: -�'7- / / / 20 / D APPROVED AS TO FORM: Robert F. Epstein, City attorney COUNTY OF MARIN By: eiresicant, Board of Supervisors ATTEST: ��u`tF1e_rjkkoaftnh4e JL�L and Date: 6 - - /D APPT ROVED AS TO FORM: 1.1 V),IS County Counsel( IT pacF %Real Estate\SPECIAL PROJECTMan Rafael Hwy 580 Bellum Sidewalks\Coop Agmt with City\Final City -County Coop agreement doe