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Home My WebLink AboutPW Puerto Suello Multi-Use Path MaintenanceI WIN V I I 11� I I IF" 11 Department: Public Works Prepared by: City Manager Approval: by. City of PublicWorks SUBJECT: RESOLUTION APPROVING AGREEMENT BETWEEN THE TRANSPORTATION AUTHORITY OF MARIN (TAM) AND THE CITY OF SAN cu RAFAEL FOR MAINTENANCE OF THE PUERTO SUELLO HILL MULTI.Uojp.4 PATH RECOMMENDATION: Staff recommends that the City Council adopt the Resolution approving the agreement between TAM and the City of San Rafael for maintenance of the Puerto Suello Hill Multi -use Path. The Puerto Suello Hill path is being constructed as part of the Segment 4 Highway 101 Gap Closure project. Thea agreement with TAM highlights the responsibilities of routine maintenance to be performed by the City of San Rafael, once the construction is completed and accepted by Caltrans. Based on TAM's adopted policy, the funding for maintenance is to be shared by TAM , on a 50/50 basis with the City. The annual cost of routine maintenance has been estimated in the range of $60 ,000- $100 ,000. In order to eliminate bookkeeping and documentation of the costs, it has been agreed by staff and TAM's Board of Directors that TAM will pay the City $40,000 per year as reflected in the agreement. The "routine maintenance" tasks are tasks that occur regularly., and are predictable. The" major maintenance" tasks occur much less frequently, and are less predictable and may occur over the life of the path, and a distinct capital project will need to be developed by the City for that work. They are recommended for being funded by TAM's annual TDA Article 3 funds, on as -needed basis. FOR CITY CLERK ONLY M Council Meeting: Disposition: eospt-�,Uoren#j �:t 0 0 0 SAN RAFAEL CITY COUNCIL AGENDA REPORT] Pa 2 ANALYSIS: All the items listed under routine or major maintenance are the same items at the same locations as identified in the Agreement between the City and Caltrans. FISCAL IMPACT: City and TAM are funding the multiuse path $40,000 annually each. The City's contribution will be funded from the Public Works Maintenance Operation budget. ACTION REQUIRED: Adopt resolution approving the Agreement between TAM and the City of San Rafael for maintenance of the Puerto Suello Hill Multi -use Path Enclosures: 1. Resolution 2. Agreement 9 RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL APPROVING THE AGREEMENT BETWEEN TRANSPORTATION AUTHORITY OF MARIN AND THE CITY OF SAN RAFAEL FOR MAINTENANCE OF PUERTO SUELLO HILL MULTI -USE PATH WHEREAS, the Transportation Authority of Marin, hereinafter referred to as "TAM" has provided funding for construction of the Puerto Suello Hill Multi -use Path,, hereinafter referred to as "PATH"; and WHEREAS, TAM adopted a policy on February 28, 2008 to provide up to 50% match funds to jurisdictions within Marin County for routine path maintenance; and WHEREAS, TAM adopted a policy in 2006 that TAM will prioritize the use of TDA Article 3 funds for major pavement (non -routine) maintenance on bike paths including, but not limited to, resurfacing and crack sealing; and WHEREAS, pursuant to the TAM policies, TAM and CITY desire to enter into this agreement for cost sharing allocation of routine and non -routine maintenance activities for the PATH; and WHEREAS, TAM CITY propose to work together to develop TDA Article 3 project(s) to address non -routine maintenance activities. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael approves the Agreement between TAM and the City of San Rafael in substantially the form attached hereto, and approved by the City Attorney, and authorizes the City Manager to execute said agreement. 1, 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 City Council of the City of San Rafael, held on Monday, the 21 st of June, 2010, by the following vote, to wit: AYES.0 COUNCILMEMBERS: Brockbankq Connolly, Heller, Levine & Mayor Boro - NOES: COUNCILMEMBERS# None ABSENT: COUNCILMEMBERS: None CONTRACT BETWEEN TRANSPORTATION AUTHORITY OF MARIN AND CITY OF SAN RAFAEL THIS CONTRACT is made and entered into this. i,\A_ day of i �, _! er 2010 by and be the TRANSPORTATION AUTHORITY OF MARIN, here referred to as "TAM and City of San Rafael, hereinafter referred to as "CITY." RECITALS'* WHEREAS 7 TAM adopted a policy on February 28, 2008 to provide up to 50% match funds to jurisdictions within Marin County for routine bike path maintenance pending eligibility and availability of funds; and WHEREAS, TAM adopted a policy in 2006 that TAM will prioritize the use of TDA Article 3 funds for major pavement (non -routine) maintenance on bike paths including , but not limited to, resurfacing and crack sealing; and WHEREAS, pursuant to the TAM policies, TAM and CITY desire to enter into this agreement for cost sharing allocation of routine and non -routine maintenance activities for the Puerto Suello Hill Multi -use Path, hereinafter referred to as "PATH" ; and WHEREAS, CITY and TAM acknowledge that actual cost of routine maintenance is unknown and agree to enter into an agreed upon Jump sum estimated cost agreement for routine maintenance of bike path as described in Exhibit A and any other costs associated with operation of bike path; and WHEREAS, CITY and TAM acknowledge that funding of this agreement is subject I to availability of funds; and WHEREAS, PATH is located within City of San Rafael city limits and within STATE's right of way along southbound State Route 101 from Merrydale Road to the Mission Avenue off ramp, and is the subject of a separate Cooperative Agreement by and between the CITY and State regarding the Operation and Maintenance of the PATH; and WHEREAS, TAM and City propose to work together to develop TDA Article 3 project(s) to address non -routine maintenance activities; and NOW, THEREFORE, for and in consideration of the Contract made, the parties agree to the following: 1 CITY is the responsible agency for all operations and maintenance work on the PATH. CITY will be responsible for routine maintenance functions of the PATH. 2. The scope of routine maintenance work is agreed to and limited to that as shown on Exhibii, A.- 3. Major maintenance activities for this PATH shown on Exhibit B are not included in the routine maintenance cost sharing allocation described in this agreement. Pursuant to TAM policy, future TDA Article 3 funds are prioritized for major maintenance of the PATH. 4 City agrees to furnish and install a total of three security cameras, one camera at the Lincoln Avenue tunnel and two at the Linden Lane mixing area. The actual cost to fumish and install three cameras will be reimbursed by TAM. TAM's share of cost to furnish and install three security cameras shall not exceed $92,000 and shall include the actual cost to furnish and install cameras and City staff time to manage work. operation and maintenance cost of these cameras is part of the annual routine maintenance cost. of PATH, and be responsible 5. The CITY shall perform 100% of the actual routine maintenance - L for all costs of routine maintenance except as provided in this agreement. 6. TAM shall make a lump sum payment of $40,000 as its contribution for annual routine maintenance cost to City within 30 days of approval of this agreement. TAM's Jump sum payment shall be the full extent of any yearly contribution or cost to TAM. 7. Following the intial year of this agreement, City may annually request a lump sum payment of $40,000 ,and TAM shall have 30 days from receipt of an invoice to pay CITY, for annual routine maintenance. 8. CITY will maintain all insurance required to operate and maintain the PATH. 9. TAM and CITY shall each defend, indemnify and hold each other, as well as their officers, employees, agentsand elective and appointive boards, harmless from and against any , clams, costs, expenses, damages, liabilities, losses and /or judgments arising out of any claim, demand or action made by any third party, to the extent such are sustained as a direct result of the negligence or intentional acts or omissions of the indemnifying party, its employees and/or agents. 10. This Agreement is for funding of maintenance of the PATH only. The parties intend that this agreement not create any obligations for TAM to any persons or entities other than as to CITY as expressly created by the terms of this agreement. This agreement shall not be interpreted to create any liability on behalf of TAM, whether in tort, contract or any other ration of the PATH. theory for the design, maintenance or ope 11. This Contract shall commence on the date first above written and shall terminate on December 31 , 2023, or upon mutual agreement to terminate contract, whichever comes first. IN WITNESS WHEREOF, the parties have executed this Contract on the date first above written. Transportation Authority of Marin City of San Rafael: • APPROVED AS TO FORM: Robert F. Epstein, City Attorney Exhibit A Routine Maintenance Activities Cost to be shared 60150 Between TAM and City Paid from TAM Interest Funds Item Description Weekly Monthly Bi -Annual : i I Annual Cost I Pot hole repair of pavement 16 hrs. $2,500 $33908 2 Litter removal 4hrs "WON" $91152 3 Sweeping path 4 hrs,$9,152 P -wo 4 Vegetation Control including tree removal to maintain 18 horizontal and vertical clearance adjacent to and over path hrs $4,224 5 Maintain pathway signs 2 hrs $1,056 6 NIP Path lighting — replace bulbs and maintain light fixtures adjacent to path for the purpose of illuminating the path. Lighting under the Linden Lane Undercrossing not for the exclusive purpose of illuminating the path is not included. 0 8 hrs $704 7 Electricity Costs for path lighting $550 $6,600 8 Maintain Electric Circuitry (conduit) mounted on west soundwall for lighting path I I'll 1, .1, 1 . 14� 8 hrs $704 9 Drainage- keep drainage inlets and connecting pipes I free of debris along length of path and at Mission Avee and Linden Lane mixing areas 16 hrs. $1,408 - 10 Lincoln Avenue Path Tunnel ---maintain skylight 4 hrs $1000 $1,352 Maintain path access at Mission Avenue, Linden Lane and Lincoln Avenue — keep areas free of debris and litter 2 hrs $1,000 $5,576 12 Maintain landscaping for path 8 hrs 224 $4, WOW - 13 Maintain irrigation heads for path landscaping 8 hrs $41224 14 Water costs to maintain landscaping for path $300 $3,600 15 *Graffi lem oval 4 hrs $9,152 16 Maintain and repair Security Cameras at Lincoln Tunnel and Linden Lane mixing area $5,000 $5,000 17 Misc. site management 2 hrs per week@$ 00/hr 2 hrs $10,400 Total $80,436 *Hourly labor rate is $44 hr *Frequency of graffiti removal is limited to once1week Description of Major Maintenance Activities Eligible for TDA Article 3 Funds momm RESOLUTION OF THE TRANSPORTATION AUTHORITY OF MARIN (TAM) AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTER INTO AN INTERAGENCY AGREEMENT WITH THE CITY OF SAN RAFAEL TO PROVIDE FUNDS FOR ROUTINE MAINTENANCE FOR THE PUERTO SUELLO HILL MULTI -USE PATH THAT WAS CONSTRUCTED AS PART OF THE US101 GAP CLOSURE PROJECT CADocuments and SettingsTenise1ocal SettingskTemporary Internet Res\01-KIkresolution 201 GAX,_Maint Funds for Puerto Suelic Hill Bikepath (2).doc Page 1 of 2 AYES: Commissioners: Adams, Arnold, Boro, Brown, Fredericks, Kellner, Lundstrom, Skall, Moulton -Peters, Furst NOES: Commissioners: ABSENT: Commissioners: Donnell, Greene, Kinsey, McGlashan, Tremaine, Weiner Steve Kinsey, chaff Transportation Authority sof nMarin ATTEST: Dianne Steinhauser Executive Director CADocuments and Settings0ens e1ocal Settings\Temporary Internet Files\OLKI Vesolution 2010AX—Maint Funds for Puerto Suello Hill Bikepath (2).dor- Page 2 of 2 RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL APPROVINO THE AGREEMENT BETWEEN TRANSPORTATION AUTHORITY OF MARIN AND THE CITY OF SAN RAFAEL FOR MAINTENANCE OF PUERTO SUELLO HILL MULTI -USE PATH WHEREAS, the Transportation Authority of Marin, hereinafter referred to as "TAM" has provided funding for construction of the Puerto Suello Hill Multi -use Path, hereinafter referred to as "PATH"; and WHEREAS, TAM adopted a policy on February 28, 2008 to provide up to 50% match funds to jurisdictions within Marin County for routine path maintenance; and WHEREAS, TAM adopted a policy in 2006 that TAM will prioritize the use of TDA Article 3 funds for major pavement (non -routine) maintenance on bike paths including, but not limited to, resurfacing and crack sealing; and WHEREAS, pursuant to the TAM policies, TAM and CITY desire to enter into this agreement for cost sharing allocation of routine and non -routine maintenance activities for the PATH; and WHEREAS, TAM and CITY propose to work together to develop TDA Article 3 project(s) to address non -routine maintenance activities. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael approves the Agreement between TAM and the City of San Rafael in substantially the form attached hereto, and approved by the City Attorney, and authorizes the City Manager to execute said agreement. 1, Esther C. Beime, 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 City Council of the City of San Rafael, held on Monday, the 21st of June, 2010, by the following vote, to wit: AYES.- COUNCILMEMBERS, Brockbank, Connolly, Heller, Levine & Mayor Boro 0 NOES* COUNCILMEMBERS: None ABSENT, COUNCILMEMBERS: None Inv k3yalnum"011 I h" CITY OF Mayor ir��%� Albeit J Baro Council Members Greg Brockbank Damon Connolly Lil-1.11 Barbara C71 Marc Levine Office of the City Clerk MCEIVED JUN 2 9 2010 Transportation Authority of Marin June 25, 20 10 Dianne Steinhauser, P,E, Executive Director Transportation Authority of Marin 750 Lindaro Street, Suite 200 San Rafael, CA 94901 RE: AGREEMENT BETWEEN TAM AND CITY OF SAN RAFAEL FOR MAINTENANCE OF PUERTO SUELLO HILL MULTI -USE PATH Dear Ms. Steinhauser: Enclosed please find two copies of contract between Transportation Authority of Marin and City of San Rafael regarding maintenance of Puerto Suello Hill Multi -Use Path, duly signed by City Manager Ken Nordhoff and approved to form by the City Attorney. Please sign and date both copies and return one to me for our files. I have also attached the adopting resolution. Sincerely, ESTHER C, BEIRNE City Clerk Now - 1400 Fifth Avenue, Room 209; P.O. Box 151560; San Rafael, CA14#1 "-W10 suello mult�use path Phone: (415) 485-3066 / Fax.- (415) 485-3133 / TDD#- (415) 485-3198