HomeMy WebLinkAboutCC Resolution 11790 (Underground Utility District)RESOLUTION NO. 11790
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AUTHORIZING THE MAYOR TO EXECUTE A
COOPERATIVE AGREEMENT WITH CALTRANS FOR
INCLUSION OF THE FRANCISCO BOULEVARD WEST UTILITY
UNDERGROUNDING PROJECT WITHIN THE STATE OF
CALIFORNIA HIGHWAY IMPROVEMENT PROJECT
CONSISTING OF HIGH OCCUPANCY VEHICLE LANES ALONG
ROUTE 101 AND RECONSTRUCTION OF THE ROUTE 101/580
SEPARATION IN THE CITY OF SAN RAFAEL.
BE IT RESOLVED by the Council of the City of San Rafael as follows:
WHEREAS, the State of California will be constructing a high occupancy
vehicle lane along Highway 101 through Central San Rafael; and
WHEREAS, the construction of the HOV lane will require the relocation
of Francisco Boulevard West frontage road and associated utility poles and overhead
power lines; and
WHEREAS, the City would like to take the opportunity to place the
overhead utility wires underground as part of this project; and
WHEREAS, the City has developed construction plans for this
undergrounding work that have been incorporated into the construction documents by
Caltrans; and
WHEREAS, to formalize this joint construction project, it is necessary that
the City enter into a cooperative agreement with Caltrans;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
San Rafael that the Cooperative Agreement #4-968-C is approved by the City; and
RESOLVED, FURTHER, that the Council does hereby authorize the
Mayor to execute the agreement.
I, JEANNE M. LEONCINI, 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 20th day of June, 2005, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEANNE M. LEON�Ci
File No.: 01.18.28&07.06.20.03
04-Mrn-101 KP 15.5/17.8 (PM 9.6/11.1)
04-Mrn-580 KP 7.4/7.7 (PM 4.6/4.8)
Francisco Boulevard West
04244-226151
District Agreement No. 4-1968-C
COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO EFFECTIVE ON --� L) m e' 22 L , 2005,
is between the STATE OF CALIFORNIA, acting by and through its Department of
Transportation, referred to herein as "STATE", and
CITY OF SAN RAFAEL, a body politic and a
municipal corporation of the State of
California, referred to herein as "CITY".
RECITALS
1. STATE and CITY, pursuant to Streets and Highways Code sections 114 and 131, are
authorized to enter into a Cooperative Agreement for improvements to State and local
highways within the City of San Rafael.
2. STATE desires State Highway improvements consisting of High Occupancy Vehicle
Lanes (HOVL) along Route 101 and reconstruction of the Route 101/580 Separation in
the City of San Rafael, referred to as "IMPROVEMENTS".
3. CITY desires improvements consisting of excavating an underground utility trench,
installing conduits and utility vaults at relocated Francisco Boulevard West in the City
of San Rafael, referred to as "BETTERMENTS".
4. CITY has prepared contract plans for BETTERMENTS and desires to have STATE
administer the construction contract for BETTERMENTS.
5. It is mutually beneficial to combine said IMPROVEMENTS and BETTERMENTS into
one project, referred to herein as "PROJECT", for ease of construction under a single
construction contract.
6. STATE and CITY mutually desire to cooperate and jointly participate in the
construction of PROJECT and desire to specify herein the terms and conditions under
which PROJECT is to be constructed, financed, and maintained.
SECTION I
STATE AGREES:
1. To review* and approve all plans prepared by CITY for BETTERMENTS portion of
PROJECT.
2. To prepare estimates and specifications for IMPROVEMENTS and to provide
construction engineering services for PROJECT. `[-�
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3. To construct PROJECT in accordance with plans and specifications prepared by CITY
and STATE.
4. To advertise, award, and administer the construction contract for PROJECT.
5. To establish separate PROJECT accounts to accumulate charges for all costs to be paid
by CITY pursuant to this Agreement.
6. To submit a billing in the amount of $510,000 to CITY fifteen (15) days prior to
STATE's bid advertising date of a construction contract for PROJECT. Said billing
represents CITY's share of the total estimated cost of construction and construction
engineering for PROJECT.
7. State's share of the total construction and construction engineering costs (estimated to
be $46,100,000) shall be an amount equal to 100% of the total actual construction and
construction engineering costs for IMPROVEMENTS. STATE's total obligation for said
IMPROVEMENTS costs shall not exceed the amount of $46,100,000, provided that
STATE may, at its sole discretion, in writing, authorize a greater amount.
8. STATE grants to CITY or its representatives, at no cost to STATE, the right to inspect
BETTERMENTS portion of PROJECT as it progresses and upon completion of
construction of BETTERMENTS.
9. To make all necessary arrangements with the owners of public or private utility
facilities which could conflict with construction of PROJECT in accordance with
applicable law, the provisions of any franchise, master contracts or other agreements
in effect with the respective utility owners. STATE shall prepare the necessary notices
and/or Utility Agreements to relocate, and inspect the required utility relocation work.
10. To pay for utility adjustments, including engineering and overhead costs, for that
portion of PROJECT required for construction of IMPROVEMENTS only.
11. To be responsible, at STATE expense, for the investigation of potential hazardous waste
sites and any required cleanup that would impact IMPROVEMENTS portion of
PROJECT.
12. Upon completion of PROJECT and all work incidental thereto, to furnish CITY with a
detailed statement of the total actual costs of construction, and construction
engineering for BETTERMENTS, including the costs of any contract claims which have
been allowed to the construction contractor. STATE thereafter shall refund to CITY,
promptly after completion of STATE's final accounting of BETTERMENTS costs, any
amount of CITY's deposits required in Section II, Article 1 remaining after actual costs
to be borne by CITY have been deducted, or shall bill CITY for any additional amount
required to complete CITY's financial obligations pursuant to this Agreement.
SECTION II
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CITY AGREES:
To deposit with STATE within 25 days of receipt of billing therefor (which billing will be
forwarded 15 days prior to STATE's bid advertising date of a construction contract for
PROJECT), the amount of $510,000, which figure represents CITY's estimated share of
the expense of construction and construction engineering required to complete
BETTERMENTS, as shown on Exhibit A. CITY's total obligation for said anticipated
BETTERMENTS costs, exclusive of claims and excluding costs referred to in Article 2 of
this Section II, shall not exceed the amount of $510,000; provided that CITY may, at its
sole discretion, in writing, authorize a greater amount or STATE may, at its sole
discretion, direct its contractor to cease work on incompleted BETTERMENTS.
2. CITY's share of the construction and construction engineering costs shall be an
amount equal to 100% of the total actual construction and construction engineering
costs for BETTERMENTS, including the cost of construction -related claims, the cost of
STATE defense of any of those claims as determined after completion of work and upon
final accounting of costs.
3. To prepare all plans for BETTERMENTS, at CITY expense, and to submit each to
STATE for review and approval for compatibility with STATE's project plans.
4. To identify and locate all utility facilities within the BETTERMENTS area as part of its
design responsibility. All facilities not relocated or removed in advance of PROJECT
construction shall be identified on the PROJECT plans and specifications.
5. To pay for utility relocations made by STATE to accommodate construction of
BETTERMENTS, including STATE's engineering and overhead costs.
6. If any additional or extra work over and above that specifically provided for herein to
construct BETTERMENTS is needed, such work shall be at CITY expense and be
accomplished by and executed change order, approved by CITY in writing after receipt
of deposit of funds by CITY to cover the cost of such work.
7. STATE's construction contract claims process shall be used for claims relating to
BETTERMENTS, with State acting as the lead agency in consultation with CITY. CITY
shall abide by the outcome of said process. In the event that arbitration under the
provisions of Public Contract Code Section 10240 et seq. results from the contract
claims process, STATE will act as lead agency in arbitration unless otherwise agreed by
STATE and CITY.
8. To pay STATE upon completion of all work and within twenty-five (25) working days of
receipt of a detailed statement made upon final accounting of costs therefor, any
amount over and above the aforementioned deposits and payments required to
complete CITY's financial obligation pursuant to this Agreement.
9. Upon notification by STATE of the construction contractor's relief of maintenance
responsibility therefore, to maintain all improvements constructed outside of STATE's
right of way pursuant to this Agreement and make no claim against STATE for any
portion of such maintenance expense.
10. To be responsible, at CITY expense for the investigation of potential hazardous waste
sites and any required cleanup that would impact BETTERMENTS portion of
PROJECT. Locations subject to cleanup include utility relocation work required for
BETTERMENTS.
3
SECTION III
IT IS MUTUALLY AGREED:
All obligations of STATE under the terms of this Agreement are subject to the
appropriation of resources by the Legislature and the allocation of resources by the
California Transportation Commission.
2. Should any portion of PROJECT be financed with Federal funds or State gas tax funds,
all applicable laws, regulations and policies relating to the use of such funds shall
apply, notwithstanding other provisions of this Agreement.
3. STATE's goal for utilization of Disabled Veteran Business Enterprise (DVBE) will be
included in the construction contract. The contract goal will be based on a technical
analysis of contract items and certified (DVBE) subcontractors in the area. STATE will
award construction contract to the lowest responsible bidder who meets the goal or
who made, in the sole judgement of STATE, a good faith effort to do so.
4. STATE shall not award a contract to construct BETTERMENTS as part of PROJECT
until after receipt of CITY's deposit required in Article 1 of Section II of this Agreement.
5. After opening of bids for construction of PROJECT, CITY's estimate of cost will be
revised based on actual bid prices. CITY's required deposit under Section II, Article 1
will be increased or decreased to match said revised estimate. If deposit increase or
decrease is less than $1,000, no refund or demand for additional deposit will be made
until final accounting.
6. Prior to advertising of bids for the construction contract for PROJECT, CITY may
terminate this Agreement by written notice, provided CITY pays STATE for all
BETTERMENTS -related costs incurred by STATE prior to said CITY termination.
7. If, after opening bids for PROJECT, the lowest responsible bid is more than 10% over
the Engineer's Estimate, STATE may award the contract and CITY shall have the
option of either:
or
a. Request by resolution within ten (10) days after notification in writing by STATE of
the additional cost involved, that BETTERMENTS be deleted from the contract.
CITY shall assume all costs for expenses incurred by a change order with the
construction contractor for deleting the work. Such costs shall be deducted from
CITY's deposit, referred to in Section II, Article 1 of this Agreement, and the balance
shall be promptly refunded to CITY.
b. Assume the additional cost and deposit additional funds promptly upon demand
from STATE, if option (a) above is not exercised within the specified time limit.
8. If termination of this Agreement is by mutual consent, STATE will bear 100% of
IMPROVEMENTS costs and CITY will bear 100% of all BETTERMENTS related costs
incurred by STATE prior to termination.
9. The cost of any engineering and maintenance referred to herein in this Agreement shall
include all direct and indirect costs (functional and administrative overhead
El
assessment) attributable to such work, applied in accordance with STATE's standard
accounting practices.
10. Construction of PROJECT referred to herein may require alterations, deviations,
additions to or omissions from CITY's plans and STATE's specifications, including
increase or decrease of quantities in items of work. Any such changes shall be
accomplished in accordance with STATE's Standard Specifications and Special
Provisions in STATE's construction contract. STATE shall confer with CITY on all
changes to CITY's plans with CITY representative before authorizing contractor to begin
work on these changes.
11. In the construction of PROJECT, CITY may, at no cost to STATE, furnish a
representative, if it so desires. Said representative and STATE's Engineer will
cooperate and consult with each other, but the decisions of STATE's Resident Engineer
shall prevail as final, binding and conclusive in all matters concerning the PROJECT
construction contract.
12. If any unforeseen potential hazardous waste sites are encountered during construction
of PROJECT, STATE and CITY shall meet and confer on a course of action. The
responsibilities and costs for any action shall be covered by amendment to this
Agreement.
13. Upon completion and acceptance of the PROJECT construction contract by STATE,
STATE will accept control of and maintain, at its own cost and expense, those portions
of PROJECT lying within STATE's right of way, except local roads delegated CITY for
maintenance
14. CITY will accept control and maintain, at its own cost and expense, the portions of
PROJECT lying outside STATE's right of way. Also, CITY will maintain, at CITY
expense, local roads within STATE's right of way dedicated to CITY for maintenance.
15. Upon completion of all work under this Agreement, ownership and title to materials,
equipment and appurtenances installed within STATE's right of way will automatically
be vested in STATE, and materials, equipment and appurtenances installed outside of
STATE's right of way will automatically be vested in CITY. No further agreement will be
necessary to transfer ownership as hereinabove stated.
16. If unknown existing public and/or private utility facilities are discovered during
construction of BETTERMENTS, or if there is a significant change required in any
approved utility relocation plan, the provisions of STATE's current Standard
Specifications Section 8-1.10 (Utilities and Non -Highways Facilities) shall apply.
STATE will make all necessary arrangements with the owners of such facilities for the
protection, relocation, or removal of the discovered utility facilities in accordance with
STATE's policy and procedure for those facilities located within the limits of work
providing for the improvement to the State highway and in accordance with CITY's
policy for those facilities located outside of the limits of work for the improvement to
the State highway. The cost of the protection, relocation, or removal shall be
apportioned between the owner of the utility facility and CITY in accordance with
STATE's policy and procedure. STATE shall require any utility owner performing
relocation work in the State highway right of way to obtain an encroachment permit
from STATE prior to the performance of said relocation work. The requirements of the
most current version of STATE's "Policv on High and Low Risk Underground Facilities
Within Highway Rights of Way" shall be fully complied with. Any relocated or new
facilities shall be correctly shown and identified on the "As -Built" plans for PROJECT.
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17. If cultural, archaeological, paleontological or other protected materials are encountered
during construction of BETTERMENTS, STATE shall stop work in that area until a
qualified professional can evaluate the nature and significance of the find and a plan is
approved for the removal or protection of that material.
18. Any hazardous material or contamination of an HM -1 category found within the
existing State highway right of way during construction requiring remedy or remedial
action, as defined in Division 20, Chapter 6.8 et seq. of the Health and Safety Code,
shall be the responsibility of STATE. Any hazardous material or contamination of a
HM -1 category found within the local road right of way during construction requiring
the same defined remedy or remedial action shall be the responsibility of CITY. For the
purpose of the Agreement, hazardous material of HM -1 category is defined as that level
or type of contamination which State or Federal regulatory control agencies having
jurisdiction have determined must be remediated by reason of its mere discovery
regardless of whether it is disturbed by BETTERMENTS or not. STATE shall sign the
HM -1 manifest and pay all costs for remedy or remedial action within the existing State
highway right of way, except that if STATE determines, in its sole judgment, that
STATE's cost for remedy or remedial action is increased as a result of proceeding with
construction of BETTERMENTS that additional cost identified by STATE shall be borne
by CITY. CITY shall sign the HM -1 manifest and pay all costs for required remedy or
remedial action within the local road right of way. STATE will exert every effort to fund
the remedy or remedial action for which STATE is responsible. In the event STATE is
unable to provide funding, CITY will have the option to either delay further
construction of BETTERMENTS until STATE is able to provide funding or CITY may
proceed with the remedy or remedial action at CITY's expense without any subsequent
reimbursement by STATE.
19. The remedy or remedial action with respect to any hazardous material or
contamination of a HM -2 category found within and outside the existing State highway
right of way during construction shall be the responsibility of CITY, at CITY's expense,
as a result of proceeding with construction of BETTERMENTS. For the purposes of
this Agreement any hazardous material or contamination of HM -2 category is defined
as that level or type of contamination which said regulatory control agencies would
have allowed to remain in place if undisturbed or otherwise protected in place should
BETTERMENTS had not proceeded. CITY shall sign any HM -2 manifest if construction
of BETTERMENTS proceeds and HM -2 material must be removed in lieu of being
treated in place.
20. If hazardous material or contamination of either HM -1 or HM -2 category is found
during construction on new right of way acquired by or on account of CITY for
BETTERMENTS, CITY shall be responsible, at CITY's expense, for all required remedy
or remedial action and/or protection in the absence of a generator or prior property
owner willing and prepared to perform that corrective work.
21. Locations subject to remedy or remedial action and/or protection include utility
relocation work required for BETTERMENTS. Costs for remedy and remedial action
and/or protection shall include but not be limited to, the identification, treatment,
protection, removal, packaging, transportation, storage, and disposal of such material.
22. The party responsible for funding any hazardous material cleanup shall be responsible
for the development of the necessary remedy and/or remedial action plans and
designs. Remedial actions proposed by CITY on the State highway right of way shall be
pre -approved by STATE and shall be performed in accordance with STATE's standards
and practices and those standards mandated by the Federal and State regulatory
agencies.
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23. Additional costs arising out of any or all of the situations described above in this
Section III shall be borne by CITY as part of the costs of BETTERMENTS which CITY is
funding one hundred percent (100%). STATE may be required to stop work on
BETTERMENTS until additional funding is provided by CITY and/or restore the site of
BETTERMENTS to a condition of safe operation using then unexpended funds for
BETTERMENTS if those additional funds are not made available for BETTERMENTS
24. Nothing in the provisions of this Agreement is intended to create duties or obligations
to or rights in third parties not parties to this Agreement or affect the legal liability of
either party to the Agreement by imposing any standard of care with respect to the
maintenance of State highways different from the standard of care imposed by law.
25. Neither STATE nor any officer or employee thereof is responsible for any damage or
liability occurring by reason of anything done or omitted to be done CITY under or in
connection with any work, authority or jurisdiction delegated to CITY under this
Agreement. It is understood and agreed that, pursuant to Government Code section
895.4,CITY shall fully defend, indemnify and save harmless STATE and all of its
officers and employees from all claims, suits or actions of every name, kind and
description brought for or on account of injury (as defined in Government Code section
810.8) occurring by reason of anything done or omitted to be done by CITY under or in
connection with any work, authority or jurisdiction delegated to CITY under this
Agreement.
26. Neither CITY nor any officer or employee thereof is responsible for any damage or
liability occurring by reason of anything done or omitted to be done by STATE under or
in connection with any work, authority or jurisdiction delegated to STATE under this
Agreement. It is understood and agreed that, pursuant to Government Code section
895.4, STATE shall defend, indemnify and save harmless CITY from all claims, suits or
actions of every name, kind and description brought for or on account of injury (as
defined in Government Code section 810.8) occurring by reason of anything done or
omitted to be done by STATE under or in connection with any work, authority or
jurisdiction delegated to STATE under this Agreement.
27. No alteration or variation of the terms of this Agreement shall be valid unless made in
writing and signed by the parties hereto and no oral understanding or agreement not
incorporated herein shall be binding on any of the parties hereto.
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28. Except as otherwise provided in Articles 6, 8, and 10 of this Section III, those portions
of this Agreement pertaining to the construction of PROJECT shall terminate upon
completion and acceptance of the construction contract for PROJECT by STATE, or on
December 31, 2009, whichever is earlier in time. However, the ownership, operation,
maintenance, liability, and claims clauses shall remain in effect until terminated or
modified in writing, by mutual agreement. Should any construction -related claim
arising out of PROJECT be asserted against STATE, CITY agrees to extend the
termination date of this Agreement and provide additional funding as required to cover
CITY's proportionate share of costs, or execute a subsequent agreement to cover those
eventualities.
STATE OF CALIFORNIA
Department of Transportation
WILL KEMPTON
Director
Bv: 1hL
Deputy District Director
CITY OF SAN RAFAEL
a � —
Mayor
Approved as to form and procedure:
Attest:
\ / City Cle
14,; vti 1
Attorney
Department of Transportation
Certified as to budgeting of funds:
District Budget Manager 7/
Certified as to financial terms and
conditions:
�ccounting 4Admirator
V
r
Approved as to fo
Attorney
I hereby certify upon my own personal
knowledge that budgeted funds are
available for the period and purpose of
payment to the STATE stated in this
Agreement.
Fisc Officer
EXHIBIT A
DESCRIPTION ESTIMATED COST
(Excavate Joint Utility Trench
29,000
(Install SBC Telephone Conduit
275,000
100mm
(Install SBC Telephone Conduit
27,000
150mm
1869040A PG&E TXFR Pad
13,000
1869040B PG&E Splice Vault {
24,000
1869040C SBC Telephone Manhole (
75,000
1869040D SBC Telephone Box {
8,000
1 {
{Sub Total {
$451,000
{ Design Support (3%){
14,000
{ Construction Engr Support (10%){
45,000
{TOTAL { $510,000
01
RESOLUTION NO. 11790
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AUTHORIZING THE MAYOR TO EXECUTE A
COOPERATIVE AGREEMENT WITH CALTRANS FOR
INCLUSION OF THE FRANCISCO BOULEVARD WEST UTILITY
UNDERGROUNDING PROJECT WITHIN THE STATE OF
CALIFORNIA HIGHWAY IMPROVEMENT PROJECT
CONSISTING OF HIGH OCCUPANCY VEHICLE LANES ALONG
ROUTE 101 AND RECONSTRUCTION OF THE ROUTE 101/580
SEPARATION IN THE CITY OF SAN RAFAEL.
BE IT RESOLVED by the Council of the City of San Rafael as follows:
WHEREAS, the State of California will be constructing a high occupancy
vehicle lane along Highway 101 through Central San Rafael; and
WHEREAS, the construction of the HOV lane will require the relocation
of Francisco Boulevard West frontage road and associated utility poles and overhead
power lines; and
WHEREAS, the City would like to take the opportunity to place the
overhead utility wires underground as part of this project; and
WHEREAS, the City has developed construction plans for this
undergrounding work that have been incorporated into the construction documents by
Caltrans; and
WHEREAS, to formalize this joint construction -project, it is necessary that
the City enter into a cooperative agreement with Caltrans;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
San Rafael that the Cooperative Agreement #44968-C is approved by the City; and
RESOLVED, FURTHER, that the Council does hereby -authorize the
Mayor to execute the agreement.
I, JEANNE M. LEONCM, 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 20th day of June, 2005, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEM 3ERS: None
ABSENT: COUNCILMEMBERS: None
JEANE M. LEONCINI, City Clerk
File No.: 01.18.28 & 07.06.20.03