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
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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.
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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
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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.
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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
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