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HomeMy WebLinkAboutReso 134-2000 RESOLUTION NO. 134-2000 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING A COOPERATIVE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE CITY OF BRISBANE TO IMPROVE BAYSHORE BOULEVARD WHEREAS, the City of South San Francisco intends to construct the Oyster Point Interchange Phase III project which involves improvements to Bayshore Boulevard; and WHEREAS, in order to construct said improvements the City of South San Francisco must acquire certain property from the City of Brisbane; and WHEREAS, the City of Brisbane has agreed to convey fee title to the property within its boundaries to the City of South San Francisco to facilitate construction of said improvements, and WHEREAS, the City Council of the City of Brisbane approved the Cooperative Agreement attached as Exhibit "A" on October 10, 2000; and WHEREAS, the purpose of the Cooperative Agreement is to facilitate construction and maintenance of the Oyster Point Boulevard Interchange project, Phase III- U.S. 101 / Bayshore Boulevard Hook Ramps; and WHEREAS, the Council certified the Terrabay Supplemental Environmental Impact Report (Terrabay SEIR) on February 17, 1999 (Resolution #19-99). The Terrabay SEIR addressed the impacts and mitigations for the Oyster Point Boulevard Interchange project, Phase III-U.S. 101/Bayshore Boulevard Hook Ramps (State Clearinghouse #97-82077). WHEREAS, the Council adopted the Mitigation Monitoring and Reporting Program (MMRP) tbr the Oyster Point Boulevard Interchange project, Phase IIII- U.S. 101/Bayshore Boulevard Hook Ramps project on October 11,2000 (Resolution #123-2000). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves a Cooperative Agreement with the City of Brisbane to Improve Bayshore Boulevard and hereby authorizes the City Manager to sign the Agreement on behalf of the City of South San Francisco. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a Regular meeting held on the 8th day of November , 2000 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Councilmembers Pedro Gonzalez and Eugene R. Mullin, Mayor Pro Tem Joseph A. Fernekes and Mayor Karvl Matsumoto None. None. Councilmember John R. Penna. F:\File Cabinet\R ESO\approvecoop_agre_reso.doc ATTEST: EXHIBIT A COOPERATION AGREEMENT TO IMPROVE BAYSHORE BOULEVARD THIS AGREEMENT is made and entered into this day of , 2000, by and between the City of South San Francisco (hereinafter "SOUTH SAN FRANCISCO"), a municipal corporation, and the City of Brisbane (hereinafter "BRISBANE"), a municipal corporation. RECITALS WHEREAS, the parties to this agreement desire to improve and widen Bayshore Boulevard to improve the traffic conditions along Bayshore Boulevard, replace the existing scissors ramps with hook ramps providing a revised southbound US 101 offramp and a new southbound US 101 onramp, as generally shown on the Geometric Layout prepared by Brian Kangas Foulk dated September ,2000, attached hereto as Exhibit A and made a part hereof; and, WHEREAS, SOUTH SAN FRANSICSO has entered into a certain Funding Agreement with the San Mateo County Transportation Authority, dated , 2000 ("the Funding Agreement") pursuant to which the Authority will provide grant and loan funds to SOUTH SAN FRANCISCO to finance the construction of said hook ramps and related improvements; and WHEREAS, the portion of Bayshore Boulevard shown on Exhibit A is currently located within the city limits of BRISBANE; and, WHEREAS, the parties agree that construction and maintenance of Bayshore Boulevard will be facilitated by BRISBANE'S granting of ownership to SOUTH SAN FRANCISCO of the Bayshore Boulevard public right-of-way extending from its intersection with Sister Cities Boulevard to a point north of the Highway 101 overcrossing, as shown on Exhibit B attached hereto and made a part hereof, together with a boundary line adjustment between BRISBANE and SOUTH SAN FRANCISCO such that the entire portion of Bayshore Boulevard transferred to SOUTH SAN FRANCISCO would be, following such conveyance and boundary line adjustment, within the city limits of SOUTH SAN FRANCISCO; NOW, THEREFORE, the parties hereto agree as follows: 1. DESCRIPTION OF PROJECT. This Agreement sets forth the duties and obligations of the parties related to the improvement of Bayshore Boulevard, including widening the existing roadway, replacing the existing scissors ramps with hook ramps, and installing appurtenant facilities including, but not limited to, lighting, traffic signals, directional signs, striping, sidewalks, drainage, and sewers. This Agreement concerns only that portion of Bayshore Boulevard to be conveyed by BRISBANE to SOUTH SAN FRANCISCO, as identified in Exhibit B attached hereto ("the Subject Property"). SOUTH SAN FRANCISCO agrees to include, as part of the Project, a raised median or other physical feature that will serve to discourage the making of U-turns within that portion of Subject Property where the Highway 101 overcrossing becomes a northbound traffic lane. The design of the proposed feature shall be Rev. 10/3/00 - 1- subject to review and approval by BRISBANE, which shall not be unreasonably withheld or delayed. 2. GRANT OF SUBJECT PROPERTY. Both parties agree to use their best efforts to obtain timely approval of a boundary line adjustment from the Local Agency Formation Commission ("LAFCO") so that the entire Subject Property will lie within the city limits of SOUTH SAN FRANCISCO. The parties shall file a joint application with LAFCO and shall work cooperatively to prepare all documents that may be required in connection therewith. Not later than thirty (30) days following approval of the boundary line adjustment by LAFCO, BRISBANE shall execute and deliver to SOUTH SAN FRANCISCO a Quit Claim Deed conveying all of its interest and title to the Subject Property to SOUTH SAN FRANCISCO and SOUTH SAN FRANCISCO shall execute a Certificate of Acceptance of such property for attachment to the deed and shall record such deed in the office of the San Mateo County Recorder. 3. LEAD AGENCY. In anticipation of a boundary line adjustment that will place the entire Subject Property within the city limits of SOUTH SAN FRANCISCO, SOUTH SAN FRANCISCO shall be the lead agency with respect to this Project. 4. CONSTRUCTION. SOUTH SAN FRANCISCO shall cause the letting of contracts for construction of the Project pursuant to this Agreement. BRISBANE agrees to grant SOUTH SAN FRANCISCO or its duly authorized contractors an encroachment permit for any work related to the Project that will be performed within the city limits of BRISBANE, subject to the standard conditions normally imposed by BRISBANE on the issuance of such permits. 5. MAINTENANCE. Prior to the date on which the proposed transfer of ownership is approved by LAFCO, each of the parties shall be responsible for the upkeep and maintenance of the portion of Bayshore Boulevard that lies within the city limits of the respective parties. From and after the date on which the proposed transfer of ownership is approved by LAFCO, SOUTH SAN FRANCISCO will be solely responsible for maintenance of the Subject Property. SOUTH SAN FRANCISCO agrees to maintain such roadway in good condition and repair, which the parties agree shall generally be defined as not less than 80 on the Pavement Condition Index, as established by the Metropolitan Transportation Commission Pavement Management System. The Subject Property shall be treated as a separate segment within the SOUTH SAN FRANCISCO pavement management system database for purposes of determining the Index level. 6. PUBLIC PROJECT. The parties recognize that this is a public project under the Public Contracts Code and hereby agree to include in every contract for the construction of improvements subject to this Agreement terms including, but not limited to, those necessary to abide by provisions under state law regarding the payment of prevailing wages and use of bidding procedures in awarding such contracts. SOUTH SAN FRANCISCO, as the lead agency, is responsible for awarding the contracts, and reserves the right to reject any or all proposals and to accept that proposal which is in the best interest of SOUTH SAN FRANCISCO. Rev, 10/3/00 -2- 7. INSURANCE. BRISBANE and SOUTH SAN FRANCISCO shall each maintain its own liability insurance coverage through self insurance or otherwise against any claim of civil liability arising out of the performance of this Agreement. Any contracts let pursuant to this Agreement shall require the contractor to maintain and require all subcontractors to maintain insurance including, but not limited to, worker's compensation and general liability coverage, and each policy shall name both parties, their elected officials, officers, employees and agents as additional insureds. 8. INDEMNIFICATION. BRISBANE shall indemnify, defend, and hold harmless SOUTH SAN FRANCISCO, its officers, agents and employees from any loss, liability claim, injury, or damage arising out of or in connection with any default or negligent act or omission by BRISBANE in the performance of its duties and obligations set forth in this Agreement. SOUTH SAN FRANCISCO shall indemnify, defend, and hold harmless BRISBANE, its officers, agents and employees from any loss, liability claim, injury, or damage arising out of or in connection with any default or negligent act or omission by SOUTH SAN FRANCISCO in the performance of its duties and obligations set forth in this Agreement. 9. CONDITION OF PROPERTY. The Subject Property shall be conveyed by BRISBANE to SOUTH SAN FRANCISCO "AS IS" in its present condition, and it is understood and agreed between the parties that BRISBANE makes no representation or warranty of any kind, either express or implied, with regard to the physical condition of the Subject Property or its suitability for SOUTH SAN FRANCISCO's intended use. It shall be the sole responsibility of SOUTH SAN FRANCISO to conduct such investigations concerning the condition of the Subject Property, including examination for the possible presence of sub-surface hazardous or toxic materials or geologic constraints, as SOUTH SAN FRANCISCO deems necessary or appropriate to satisfy itself concerning the present condition of the property. BRISBANE shall allow SOUTH SAN FRANCISCO and its agents reasonable access to the Subject Property for the purpose of conducting inspections or studies thereof at their own expense. 10. LEVEL OF SERVICE. Both parties shall exercise good faith efforts to maintain Level of Service D for the intersection of Bayshore Boulevard with the hook ramps, recognizing, however, that jurisdiction and control over the signalization for such intersection will be exercised by Caltrans. In the event the LOS becomes degraded below Level D, the parties shall meet and confer in an effort to determine ways to mitigate the traffic congestion, consistent with the land use policies of each jurisdiction, including, but not limited to, efforts to coordinate the timing of traffic control signals between cities, construction of additional street improvements, and cooperative efforts to improve alternative methods of travel. 11. TERMINATION. This Agreement shall terminate by its own terms or by either party, for good cause shown, upon ninety (90) days written notice to the non-moving party. 12. RECONVEYANCE OF SUBJECT PROPERTY. In the event SOUTH SAN FRANCISCO terminates the Funding Agreement by exercising its option to terminate under Section 1.5(a) of that Agreement, and unless SOUTH SAN FRANSICO has made other arrangements satisfactory to BRISBANE to finance construction of the hook ramps and other work described in the Funding Agreement as the Phase III improvements, then SOUTH SAN Rev. 10/3/00 -3- FRANCISCO shall promptly reconvey to BRISBANE all of the Subject Property originally conveyed to SOUTH SAN FRANCISCO pursuant to Section 2 of this Agreement. If necessary, the parties shall apply to LAFCO for reinstatement of the original boundary lines between the two cities. 13. MEDIATION. Should any dispute arise out of this Agreement, either party may request that it be submitted to mediation. The parties shall meet in mediation within thirty (30) days of a request for mediation. The mediator shall be agreed to by both parties. The costs of mediation shall be borne equally by both parties. 14. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 15. NOTICES. Ail notices required pursuant to this Agreement shall be considered delivered upon being sent by regular mail to the following addresses: CITY OF SOUTH SAN FRANCISCO: CITY OF BRISBANE: Attention City Manager 50 Park Lane Brisbane, CA 94005 16. COMPLETE AGREEMENT/AMENDMENTS. This Agreement represents the entire and integrated agreement between the parties for the premises subject to this Agreement and supersedes all prior negotiations, representations, and agreements, either written or oral. This Agreement may be amended only by written instrument, agreed to and signed by both parties. Rev. 10/3/00 -4- Executed as of the date written above. SOUTH SAN FRANCISCO: Approved as to form: City Manager ATTEST: CITY CLERK City Attorney BRISBANE: City Manager ATTEST: City Attorney CITY CLERK Rev. 10/3/00 -5-