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
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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.
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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
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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
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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
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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.
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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.
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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