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HomeMy WebLinkAboutPW City-County Joint HSIP Funding Agreement____________________________________________________________________________________ FOR CITY CLERK ONLY File No.: 4-1-750 Council Meeting: 05/20/2019 Disposition: Resolution 14671 Agenda Item No: 5.c Meeting Date: May 20, 2019 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: Bill Guerin, Director of Public Works City Manager Approval: _______ File No.: 18.01.88 TOPIC: JOINT HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) CYCLE 9 SIGNALIZED INTERSECTION IMPROVEMENT PROJECT WITH COUNTY OF MARIN SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT ALLOWING THE COUNTY OF MARIN TO ADMINISTER THE HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) FOR INTERSECTION IMPROVEMENT AT 14 LOCATIONS IN SAN RAFAEL RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute an agreement with the County of Marin to administer the Highway Safety Improvement Program (HSIP) project for signalized intersection improvements at 14 locations in San Rafael on behalf of the City. BACKGROUND: The County of Marin, with the support of the eleven incorporated cities and towns in Marin County, was awarded a State grant from the Systemic Safety Analysis Report Program (SSARP). With this grant funding and the help of Parisi Transportation Consulting (Parisi), high-risk corridors, high-risk intersections, and locations of repeated pedestrian and bicycle collisions were identified within Marin County and safety improvements were proposed. The Marin County Travel Safety Plan and Systemic Safety Analysis reports on existing conditions and proposed improvements throughout the County, which include the following: adding backplates to signal heads, installing 12” signal heads, installing pedestrian countdown heads and push buttons, and adding advanced detection. Specific to San Rafael, the County enlisted the help of Parisi to apply for HSIP Cycle 9 funding to implement the recommended safety improvements at the following intersections: 1. Fourth Street-Second Street/Marquard Avenue 2. Third Street/D Street 3. Third Street/A Street 4. Third Street/ Lincoln Avenue 5. Third Street/Tamalpais Avenue 6. Third Street/Irwin Street 7. Third Street/Grand Avenue 8. Second Street/C Street 9. Second Street/A Street SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 10. Second Street/Lincoln Avenue 11. Second Street/Tamalpais Avenue-Francisco Boulevard West 12. Second Street/Irwin Street 13. Bellam Boulevard/Francisco Boulevard East 14. Bellam Boulevard/Kerner Boulevard ANALYSIS: Council is being asked to approve an agreement with the County whereby the County would use the grant funds and manage the project on behalf of the City. The City of San Rafael has high volumes of vehicle and pedestrian traffic, both at intersections and along corridors in the County of Marin. This may be due to higher pedestrian volumes around the Bettini Transit Center and throughout Downtown San Rafael. On Third Street, many pedestrians and bicyclists are crossing Third Street, traveling within and through San Rafael and elsewhere. Implementing these improvements should increase signal head visibility for drivers with the signal improvements and should make it very apparent to both pedestrians and drivers when the pedestrian has the right-of-way to cross with the pedestrian crossing count-down heads and push buttons. FISCAL IMPACT: Because this is a HSIP Grant, the project is fully funded and there is not expected to be any fiscal impact associated with this item. Fund Source Amount HSIP Grant $2,800,300 OPTIONS: The City Council has the following options to consider relating to this matter: 1. Adopt the resolution. 2. Do not adopt the resolution and forego signalized intersection improvements. RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute an agreement with the County of Marin to administer the Highway Safety Improvement Program (HSIP) project for signalized intersection improvements at 14 locations in San Rafael on behalf of the City. ATTACHMENTS: 1. Resolution 2. Agreement 1 RESOLUTION NO. 14671 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT ALLOWING THE COUNTY OF MARIN TO ADMINISTER THE HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) FOR INTERSECTION IMPROVEMENT AT 14 LOCATIONS IN SAN RAFAEL ________________________________________________________________ BE IT RESOLVED by the City Council of the City of San Rafael as follows: WHEREAS, the County of Marin applied for the State’s Cycle 9 Highway Safety Improvement Program funds; and WHEREAS, the application included fourteen intersections located within the City Limits of San Rafael; and WHEREAS, the County selected these locations based on the results of Marin County Travel Safety Plan and Systematic Safety Analysis; and WHEREAS, the County was successful in receiving the grant amount of $2,800,000 without a local match; and WHEREAS, the County is willing to act as the City’s liaison with the Local Assistance Office of the State to administer the grant through an interagency agreement; and WHEREAS, the City staff reviewed the agreement and recommends the agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael, that the agreement with the County of Marin allowing the County of Marin to administer the HSIP funds is hereby approved. BE IT FURTHER RESOLVED that the City Manager is authorized and directed to execute the agreement, subject to final approval as to form by the City Attorney. 2 BE IT FURTHER RESOLVED that the Council hereby authorizes the Public Works Director 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 Council of said City held on the 20th day of May 2019 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None LINDSAY LARA, City Clerk File No.: 18.01.89 Page 1 of 5 AGREEMENT COUNTY OF MARIN AND CITY OF SAN RAFAEL JOINT CYCLE 9 HIGHWAY SAFETY IMPROVEMENT PROGRAM SIGNALIZED INTERSECTION IMPROVEMENT PROJECT THIS AGREEMENT, made and entered into this ______day of __________ 201__, by and between the COUNTY OF MARIN, hereinafter referred to as “COUNTY” and the CITY OF SAN RAFAEL, hereinafter referred to as “CITY,” both of the State of California; WITNESSETH: WHEREAS, the purpose of the Highway Safety Improvement Program (HSIP) is to achieve a significant reduction in traffic fatalities and serious injuries on all public roads, including non- State-owned public roads and roads on tribal land; and WHEREAS, the HSIP is one of the core components of the federal transportation bill, “Fixing America’s Surface Transportation Act (FAST)” (Section 148 of Title 23), enacted on December 4, 2015; and WHEREAS, HSIP funds are eligible for work on any public road that improves safety and twenty-eight eligible project categories were identified in FAST; and WHEREAS, COUNTY, in coordination with the Marin County Public Works Association and the eleven Marin County cities and towns, completed the 2018 Marin County Travel Safety Plan and Systemic Safety Analysis; and WHEREAS, COUNTY, in coordination with the Marin County Public Works Association and the eleven Marin County cities and towns applied for a HSIP Cycle 9 grant to install safety improvements at 51 signalized intersections through the Marin County region; and WHEREAS, based upon a review of existing and predicted fatal and serious injury collision locations, the grant application included proposed improvements at 51 signalized intersection improvement locations such as pedestrian countdown heads, pedestrian push buttons, 12” LED signal heads, signal head back-plates and advanced dilemma detection zones; and WHEREAS, the Marin County Joint Cycle 9 HSIP Signalized Intersection Improvement Project grant application was selected with a designated grant award of $2,800,300; and WHEREAS, both COUNTY and CITY are desirous of performing intersection improvements and related work within their respective jurisdictions; and WHEREAS, it is recognized that it would be advantageous to both COUNTY and CITY to complete their respective intersection improvements through a combined project (PROJECT) to be administered by COUNTY for work within each jurisdiction; and 2 of 5 WHEREAS, the same consultant for both CITY and COUNTY will prepare the plans specifications, and estimates, and shall provide construction management services for the PROJECT; and WHEREAS, the same contractor for both CITY and COUNTY will construct/install the proposed improvements as per the approved plans for the PROJECT; and WHEREAS, COUNTY shall be responsible for administering the Joint Cycle 9 HSIP Signalized Intersection Improvement Project grant and through the grant shall be responsible for the cost of administration, construction and construction management services for the portion of the Project that is within each of their respective jurisdictions; and WHEREAS, CITY shall be responsible for ongoing future maintenance for improvement completed within their jurisdiction once the improvements have been completed; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS CONTAINED HEREIN, the parties hereto do hereby agree as follows: A. COUNTY Shall: 1. Incorporate the plans and specifications, approved by all regulatory agencies, for CITY’s intersection improvements and related work into COUNTY’s own counterpart project. 2. Comply with the provisions of the Public Contracting Code, including advertising for bids, receiving and opening bids, and awarding a contract or rejecting all bids for the PROJECT to the lowest qualified bidder. 3. Have the right to reject all bids for the PROJECT. 4. Administer CITY’s and COUNTY’s portion of the construction contract and thereby provide services at COUNTY’s sole discretion to include oversight of consultants, contractors, and accountings. 5. Be the liaison with the consultant preparing Plans, Specifications, and Estimate for both COUNTY’s and CITY’s portions of the PROJECT. 6. Be the liaison with the construction contractor and COUNTY will keep CITY updated with any changes within their jurisdiction. 7. Administer all Joint Cycle 9 HSIP Signalized Intersection Improvement Project Change Orders arising for work within COUNTY’s and CITY’s portion of the PROJECT. 8. Review Change Orders initiated by the Contractor for the work located within the portion of CITY PROJECT and confer with CITY to determine merit of requests for Change 3 of 5 Orders within CITY’s portion of the PROJECT. County as administrator of the consultant contract shall make the final change order decision after conferring with the CITY. 9. Indemnify, defend and hold harmless CITY, its officers, agents and employees from and against any and all claims and losses whatsoever arising out of or connected with the COUNTY’S negligent performance of this Agreement by act or omission, or by willful misconduct, or by intentional failure to perform hereunder. B. CITY Shall: 1. Provide timely review of all proposed draft improvement plans and specifications. 2. Provide to COUNTY, prior to the bid, approval of the plans, specifications and estimates for the portion of the PROJECT within CITY’s jurisdiction designed by a consultant as described in A.5, which will be incorporated in the bid documentation. All documentation shall comply with all appropriate, local, state and federal practices. 3. Provide timely review of all proposed Change Orders within CITY’s portion of the PROJECT so that construction may progress without delay or additional cost, and provide in a timely manner a written Change Order recommendation (approval or disapproval) to COUNTY. 4. For Change Orders for which CITY recommends approval and for which COUNTY determines would not be funded by the Joint Cycle 9 HSIP Signalized Intersection Improvement Project funds, CITY agrees to pay for the Change Order within 30 days of an invoice from COUNTY. 5. Provide COUNTY a no-cost encroachment permit or other document to allow work on CITY facilities, to the satisfaction of the CITY. 6. Indemnify, defend and save harmless COUNTY, its officers, agents and employees from and against any and all claims and losses whatsoever arising out of or connected with the CITY’S negligent performance of this Agreement by act or omission, or by willful misconduct, or by intentional failure to perform hereunder. 7. Provide timely review of final punch list provided by COUNTY and provide final acceptance of work in CITY jurisdiction so that construction and project closeout may progress without delay. 8. Maintain all improvements within CITY jurisdiction in accordance with local, state and federal funding requirements and acknowledge and accept full control, ownership, and maintenance responsibility for the improvements located in CITY. 4 of 5 C. REPRESENTATIVES: Eric Miller, Principal Civil Engineer is the representative of COUNTY and will administer this Agreement for the COUNTY. Bill Guerin, Director of Public Works, is the authorized representative for CITY. Changes in designated representatives for either party shall occur only by advance written notice to the other party. D. MISCELLANEOUS 1. Any dispute or claim in law or equity between COUNTY and CITY arising out of this Agreement shall be resolved by formal negotiation between parties. If no resolution is achieved by formal negotiations an arbitrator mutually chosen and paid for by both parties shall arbitrate the dispute. 2. 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. 3. Nothing contained in this Agreement shall be construed to create and the parties do not intend to create any rights in third parties. 4. This Agreement may be modified at any time by mutual consent of the parties hereto. 5. This Agreement is governed by the laws of the State of California. 5 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers as of the day and year first above written. COUNTY OF MARIN CITY OF SAN RAFAEL By:_______________________________ By:______________________________ Director of Public Works Jim Schutz, City Manager ATTEST: By:______________________________ Lindsay Lara, City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: By:________________________________ By:______________________________ County Counsel Robert F. Epstein, City Attorney