HomeMy WebLinkAboutPW Grand Ave Pathway Connector ProjectCITY OF��
Agenda Item No: 8
Meeting Date: April 4, 2011
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: City Manager Approval: (:4 JJ
Director of Public Works (KM)
File No.:18.06.59
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE THE AGREEMENT WITH
THE ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG) ACCEPTING A GRANT FOR
THE DESIGN OF THE GRAND AVENUE PATHWAY CONNECTOR PROJECT.
RE, CONE�H;NDATION: Staff recommends that the City Council adopt the resolution authorizing
the Public Works Director to sign the agreement with San Francisco Bay Trails, a subsection of the
Association of Bay Area Governments (ABAG) for the design of the Grand Avenue Pathway Connector
Proj ect.
BACKGROUND: A major goal and objective of our City is to seek out and obtain grants to
implement the City's Capital Improvement Program (CIP). Public Works Staff has worked closely with
representatives from ABAG, in particular the San Francisco Bay Trails section, and identified a funding
opportunity to examine and design a key pathway connection along Grand Avenue between East
Francisco Blvd. and Second Street. This grant will assist the City in studying the area to determine if
additional improvements can be installed to facilitate better access for pedestrians, bicycle and the general
public.
ANALYSIS: This design project would examine the connection of existing bicycle and pedestrian
facilities in the area. The design and environmental review for this project is required to be completed by
January 2013 and can be amended if necessary. The design will focus on possible solutions and then
implementation.
FISCAL EVIPACT: The total grant amount for this design project is $200,000 with no local match
required.
OPTIONS: The Council can choose not to award the contract and lose the opportunity to study this
area and develop a design for this project.
ACTION REQUIRED: Adopt Resolution authorizing the Public Works Director to sign the
agreement accepting the grant for the referenced project.
Enclosures Resolution Agreement
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AUTHORIZING THE PUBLIC WORKS DIRECTOR TO
EXECUTE THE AGREEMENT WITH THE ASSOCIATION OF
BAY AREA GOVERNMENTS (ABAG) ACCEPTING A GRANT
FOR THE DESIGN OF THE GRAND AVENUE PATHWAY
CONNECTOR PROJECT.
WHEREAS, the Association of Bay Area Governments (ABAG) has
soliciting applications on behalf of the State Coastal Conservancy for the development of
the Bay Trail Project, and
WHEREAS, the City of San Rafael Department of Public Works has
submitted a $200,000 grant application for the design of the "Grand Avenue Pathway
Connector Project"; and
WHEREAS, on February 10, 2011 the Department of Public Works
received notification from ABAG that our application for the grant has been approved
which would allow the City of San Rafael to initiate the design development to improve
bicycle, and pedestrian access between the southern end of Grand Avenue Bridge and
Second Street to East Francisco Blvd.
NOW, THEREFORE, BE IT RESOLVED that the City Council
authorizes the Public Works Director to sign the agreement with ABAG accepting the
grant for the design of the Grand Avenue Pathway Improvement Project.
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 Monday, the 4th day of April, 2011, by the
following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ESTHER C. BEIRNE, City Clerk
File No.: 18.06.59
ASSOCIATION OF BAY AREA GOVERNMENTS
BAY TRAIL PROJECT
PLANNING GRANT AGREEMENT
Grand Avenue Bridl4e Design and Enl4ineerin
Grantee's full, legal name: City of San Rafael
Address: 111 Morphew Street
Phone No.: (415) 485-3389
Name of Contact: Nader Mansourian
Title of Contact: Public Works Director
I. SCOPE OF AGREEMENT
Pursuant to Chapter 9 of Division 21 of the California Public Resources Code, the State Coastal
Conservancy ("the Conservancy") awarded grant funds to be administered by the Association of
Bay Area Governments (ABAG) for development of the Bay Trail Project. ABAG grants to The
City of San Rafael ("the Grantee") a sum not to exceed two hundred thousand dollars
($200,000), Proposition 84 funds, the "Safe Drinking Water, Water Quality and Supply, Flood
Control, River and Coastal Protection Bond Act of 2006", subject to the terms and conditions of
this Agreement, to prepare Design, Engineering, Environmental Review and Permitting for a
Multi -use Path on the Grand Avenue Bridge ("the Project") for the area, shown on Exhibit A,
which is incorporated by reference and attached. The Project description is attached as Exhibit B,
which is incorporated by reference.
The Grantee shall carry out the Project in accordance with this agreement and a work program to
be approved by ABAG pursuant to this agreement. The Grantee shall provide any funds beyond
those granted under this agreement which are needed to complete the Project.
IL CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND DISBURSEMENT
The Grantee shall not commence the Project and ABAG shall not be obligated to disburse any
funds under this agreement unless and until the following conditions precedent have been met:
A. A resolution has been adopted by the San Rafael City Council authorizing the execution
of this agreement and approving its terms and conditions.
B. ABAG has approved in writing:
1. The work program for the Project.
2. All contractors that the Grantee intends to employ in connection with the Project.
1
Planning Grant Agreement - 2010
III. TERM OF AGREEMENT
This agreement shall be deemed executed and effective when signed by both parties and together
with the resolution described in the "CONDITIONS PRECEDENT TO COMMENCEMENT OF
PROJECT AND DISBURSEMENT" section of this agreement.
This agreement shall run from its effective date through December 31, 2012 (the "completion
date") unless otherwise terminated or amended as provided in this agreement. All work shall be
completed by the completion date.
Planning Grant Agreement - 2010
STANDARD PROVISIONS
I. WORK PROGRAM
If all or part of the Project to be funded under this agreement will be performed by third parties
("contractors") under contract with the Grantee, then the Grantee shall, prior to initiating any
request for proposals or other solicitation, submit the solicitation package for review and written
approval of ABAG. Upon approval by ABAG, the Grantee shall proceed with the solicitation
process. Prior to final selection, the Grantee shall submit to ABAG for written approval the
names of all contractors that the Grantee intends to hire.
Prior to commencement of the Project, the Grantee shall submit a detailed work program to
ABAG for review and written approval as to its consistency with the terms of this agreement.
The work program shall include:
A. The specific tasks to be performed.
B. A schedule of completion for the Project, specifically listing the completion date for each
Project component and a final Project completion date.
C. A detailed project budget ("Project Budget"). The Project Budget shall describe all labor
and materials costs to be incurred to complete each component of the Project. For each
Project component, the Project Budget shall list all intended funding sources including
ABAG's grant, the Grantee's required contribution and all other sources of monies,
materials, or labor.
The work program shall have the same force and effect as if included in the text of this
agreement. However, the work program may be modified without amendment of this agreement
upon the Grantee's submission of a modified work program and ABAG's written approval of it.
If this agreement and the work program are inconsistent, the agreement shall control.
The Grantee shall carry out the Project in accordance with the approved work program.
IL COORDINATION AND MEETINGS
The Grantee shall coordinate with ABAG staff and shall participate in meetings and other
communications as necessary to ensure coordination.
III. WORK PRODUCTS
All materials and work products produced by the Grantee as a result of this agreement are the
property of ABAG and the Conservancy.
3
Planning Grant Agreement - 2010
IV. COSTS AND DISBURSEMENTS
Upon determination by ABAG that all "CONDITIONS PRECEDENT TO COMMENCEMENT
OF PROJECT AND DISBURSEMENT" have been fully met, ABAG shall disburse to the
Grantee, in accordance with the approved Project Budget, a total amount not to exceed the
amount of this grant, as follows:
The provision of this section with a check mark, "x" or equivalent mark opposite it will apply at
the commencement of the agreement.
MONTHLY INVOICES
Disbursements shall be made on the basis of costs incurred to date, less ten percent (10%),
;upon the Grantee's satisfactory progress in accordance with the approved work program
and upon submission of a "Request for Disbursement" form, which shall be submitted no
more frequently than monthly but no less frequently than quarterly. Disbursement of the
ten percent (10%) withheld shall be made upon (1) the Grantee's satisfactory completion
of the Project, compliance with the "PROJECT COMPLETION" section of this
agreement, and submission of a fully executed final "Request for Disbursement" form;
and (2) ABAG's acceptance of the Project.
E3 COMPLETION OF EACH PROJECT TASK
Disbursement shall be made on the basis of costs incurred to date, less ten percent (10
upon the Grantee's satisfactory completion of each project task identified in the approved
work program. The final disbursement, together with amounts earlier withheld, shall be
made upon the Grantee's satisfactory completion of the Project and compliance with the
"PROJECT COMPLETION" section of this agreement and upon ABAG's acceptance of
the Project.
El COMPLETION OF PROJECT
Disbursement shall be made on the basis of costs incurred, upon the Grantee's satisfactory
completion of the Project and compliance with the "PROJECT COMPLETION" section of
this agreement and upon ABAG's acceptance of the Project.
The Grantee shall request disbursements by filing with ABAG fully executed "Request for
Disbursement" forms (available from ABAG). The Grantee shall submit the final form within
thirty (30) days after the completion date provided in the "TERM OF AGREEMENT" section,
above. The Grantee shall state on the form its name and address, the date of the submission, the
amount of the invoice, the period during which the work was actually done, and an itemized
description of all work done for which disbursement is requested. The form shall be signed by an
authorized representative of the Grantee. Additionally, each form shall be accompanied by any
supporting invoices or other source documents from contractors that the Grantee engaged to
complete any portion of the Project funded under this agreement, and by written substantiation of
completion of the portion of the Project for which disbursement is requested. With each form,
the Grantee shall also submit a supporting progress report summarizing the current status of the
Project and comparing it to the status required by the work program (budget, timeline, task, etc).
4
Planning Grant Agreement - 2010
Failure to fully execute and submit a "Request for Disbursement" form, including attachment of
supporting documents, will relieve ABAG of its obligation to disburse funds to the Grantee unless
and until all deficiencies in the form are rectified.
V. EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG BUDGET ITEMS
The Grantee shall expend funds in the manner described in the approved Project Budget. The
allocation of ABAG's total grant among the items in the Project Budget may vary by as much as
ten percent (10%) without approval by ABAG. Any difference of more than ten percent (10%)
must be approved in writing by ABAG. ABAG may withhold payment for changes in particular
budget items which exceed the amount allocated in the Project Budget by more than ten percent
(10%) and which have not received the approval required above. The total amount of this grant
may not be increased except by amendment to this agreement. Any increase in the funding for
any particular budget item shall mean a decrease in the funding for one or more other budget
items unless there is a written amendment to this agreement.
VI. PROJECT COMPLETION
The Grantee shall complete the Project by the completion date provided in the "TERM OF
AGREEMENT" section, above. Upon completion of the Project, the Grantee shall supply ABAG
with two copies of evidence of completion by submitting: (1) any other work products specified
in the work program for the Project; and (2) a fully executed final "Request for Disbursement"
form. Within forty-five (45) days of Grantee's compliance with this paragraph, ABAG shall
determine whether the Project has been satisfactorily completed. If ABAG determines that the
Project has been satisfactorily completed, ABAG shall issue to the Grantee a letter of acceptance
of the Project. The Project shall be deemed complete as of the date of the letter of acceptance.
VII. EARLY TERMINATION AND FAILURE TO PERFORM
If the Grantee fails to complete the Project in accordance with this agreement, or fails to fulfill
any other obligations of this agreement prior to the termination date, the Grantee shall be liable
for immediate repayment to ABAG of all amounts disbursed by ABAG under this agreement.
ABAG may, at its sole discretion, consider extenuating circumstances and not require repayment
for work partially completed. This paragraph shall not be deemed to limit any other remedies
ABAG may have for breach of this agreement.
VIII. LIABILITY
A. The Grantee shall be responsible for, indemnify and save harmless ABAG, the Bay Trail
Project and State of California ("the State"), their members, directors, officers, agents and
employees, from any and all liabilities, claims, demands, damages or costs resulting from,
growing out of, or in any way connected with or incident to this agreement, except for
active negligence of ABAG, its members, directors, officers, agents or employees. The
duty of the Grantee to indemnify and save harmless includes the duty to defend as set forth
in Civil Code Section 2778.
5
Planning Grant Agreement - 2010
PUBLIC ENTITY GRANTEES: This agreement supersedes the Grantee's right as a public
entity to indemnity (see Gov. Code Section 895.2) and contribution (see Gov. Code
Section 895.6) as set forth in Gov. Code Section 895.4.
B. The Grantee waives any and all rights to any type of express or implied indemnity or right
of contribution from the State, its officers, agents or employees, for any liability resulting
from growing out of, or in any way connected with or incident to this agreement.
Nothing in this agreement is intended to create in the public or any member of it rights as
a third party beneficiary under this agreement.
IX. AUDITS/ACCOUNTING/RECORDS
The Grantee shall maintain standard financial accounts, documents, and records relating to
implementation of the Project. The Grantee shall retain these documents for three (3) years
following the date of final disbursement by ABAG under this agreement, regardless of the
termination date. The documents shall be subject to examination and audit by ABAG and the
Bureau of State Audits during this period. The Grantee may use any accounting system which
follows the guidelines of "Generally Accepted Accounting Practices" published by the American
Institute of Certified Public Accountants.
X. NONDISCRIMINATION
During the performance of this agreement, the Grantee and its contractors shall not unlawfully
discriminate against, harass, or allow harassment against any employee or applicant for
employment because of sex, race, religion, color, national origin, ancestry, disability, medical
condition, marital status, age (over 40) or denial of family -care leave, medical -care leave, or
pregnancy -disability leave. The Grantee and its contractors shall ensure that the evaluation and
treatment of their employees and applicants for employment are free of such discrimination and
harassment. The Grantee and its contractors shall comply with the provisions of the Fair
Employment and Housing Act (Govt. Code Sections 12900 et seq.) and the applicable regulations
(California Code of Regulations, Title 2, Sections 7285.0 et seq.). The regulations of the Fair
Employment and Housing Commission regarding Contractor Nondiscrimination and Compliance
(Chapter 5 of Division 4 of Title 2 of the California Code of Regulations), are incorporated into
this agreement. The Grantee and its contractors shall give written notice of their obligations
under this clause to labor organizations with which they have a collective bargaining or other
agreement. This nondiscrimination clause shall be included in all contracts and subcontracts
entered into to perform work provided for under this agreement.
XI. INDEPENDENT CAPACITY
The Grantee, and the agents and employees of the Grantee, in the performance of this agreement,
shall act in an independent capacity and not as officers or employees or agents of ABAG.
6
Planning Grant Agreement - 2010
XII. ASSIGNMENT
Without the written consent of ABAG, this agreement is not assignable by the Grantee in whole
or in part.
XIII. TIMELINESS
Time is of the essence in this agreement.
XIV. ABAG' S DESIGNEE
ABAG designates Laura Thompson as project manager who shall have authority to act on behalf
of ABAG with respect to this agreement.
XV. AMENDMENT
Except as expressly provided in this agreement, no change in this agreement shall be valid unless
made in writing and signed by the parties to the agreement. No oral understanding or agreement
not incorporated in this agreement shall be binding on any of the parties.
XVI. LOCUS
This agreement is deemed to be entered into in the County of Alameda.
The parties have caused this agreement to be executed by their respective officers, duly
authorized, the provisions of which agreement are effective as of the day of
. , 20—.
ASSOCIATION OF BAY AREA GOVERNMENTS
By
Ezra Rapport, Executive Director
APPROVED AS TO FORM
By
Kenneth K. Moy, Legal Counsel
GRANTEE
By
Nader Mansourian
(San Rafael Public Works Director)
APPROVED AS TO FORM
By
City Attorney
I:\All Staff\KennethM\BAY\K\2007+ RDP-Coastal Consv\BayTrail Planning Grant Contract Template - 2010 rev. - rdline.doc
7
Planning Grant Agreement - 2010
EXHIBIT A
Project Location
The project is located in San Rafael on Grand Avenue between Second Street and East
Francisco Blvd. The connections to other pedestrian and bicycle facilities may extend
outside these limits to facilitate a continuous path of travel.
EXHIBIT B
Project Description
Grant will fund design, environmental study, preparation of environmental documents
and preparation of permit applications for the multi -use pathway between the
southern end of the grand Avenue Bridge and Second Street. It is anticipated that
coordination and/or permits from Caltrans, US Coast Guard, Army Corps, and the CA
Department of Fish and Game will be required. The design will continue the 9 to 12
foot widened sidewalk up to Second Street, where existing public right-of-way allows.