HomeMy WebLinkAboutReso 118-1981 RESOLUTION NO. 118-81
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING EXECUTION OF
AN AGREEMENT WITH THE STATE OF CALIFORNIA,
DEPARTMENT OF TRANSPORTATION (EAST GRAND
AVENUE GRADE SEPARATION PROJECT)
that:
BE IT RESOLVED by the City Council of the City of South San Francisco
1. Execution of Agreement.
Execution of an Agreement entitled "Grade Separation Fund, East
Grand Avenue Overhead Priority No. 7, 1980-81 FY 04-SM-O-SSF" is hereby author-
ized, and a copy of said Agreement is attached hereto as Exhibit "A."
2. Signatures.
The Mayor is authorized to execute said Agreement on behalf of
the City, and the City Clerk attest his signature thereto.
I hereby certify that the foregoing Resolution was regularly intro-
duced and adopted by the City Council of the City of South San Francisco at
a special meeting held on the 30th day of September , 1981, by
the following vote:
AYES: Councilmembers Mark'~N. Addiego, Emanuele N. Damonte, Gus Nicolopulos;
and Roberta Cerri Teglia
NOES: None
ABSENT: Councilman Ronald G. Acosta
ATTEST' y<~. ~
City Clerk
EXHIBIT "A" TO RESOLUTIC~ N.O,.
ADOPTED 9/30/81
11~ 81
-Grade separati~rt FU~d
East Grand Avenue Overhead
Priority No. 7, 1980-81 FY
04-SM-0-SSF
Cl~aptef ' S tarries Ilem Fiscal Year
3-1 tg 6a qg 4t
Pre. rum Code Calega~ · Fund
THIS AGREEMENT, made and entered into this 19th day of .Mav .19
between the. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, hereinafter referred 't° as
"State", and. the Clt~; of South San Francisco -- , a political subdivision of the State of
WITNESSETH
California, .hereinafter referred to as "City".
81 ., by and
WHEREAS, pursuant to the provisions Of Section 24,52 of the Streets and Highways Code, the Public Utilities
Commis.~iort o! the State of California by Decision No. 91887 , issued on June 3 ,19 80 ,
establis,%ed a Priority List of Grade Separation Projects for the Fiscal Year of 19 80 81' .- and
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WHEREAS, said Priority List includes a project proposed by City for construction of a grade separation
project to carry w.>=,,- c--~'~ncl Av~-n1~P- in the City of
in.San Mateo County- over the tracks of Southern PacifiC, 'Fr~n~por. t-at~on
Com.=my , hereinafter referred to ~{s "project". as shown on 5xhibit "A" attached hereto; and.
W'.-:=_REAS, by Decision No. 92846 . dated March. 17' , 19 J~l , the Public
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Utili.'.~es ,.,o...m~ss~on authorized the City to 6onstruct a crossing at separated grades identified as PUC
Crcssing No. E-9.22-A whereby East Grancl Avenl]e will pass over
tl~ tracks of SoutherP Pa~-j fi c Trao.~portati~n C~mp;~ny . hereinafter referred
_j.g as "Railroad". On March 16 , 19 81 , City and Railroad entered into an agreement for the
GSF city
Ap~o~,~d by L.~l Divlsto~
9-14-79
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n' lEI '! .i
il
construction and maintenance of said project, and wherein Railroad has agreed to contribute 10% of the cost of
the participating portion of 'the project; and
'WHEREAS, City has herein certified to State that sufficient City funds are available to finance its share o!
the project cost; and that all other matters prerequisite to awarding a construction contract within a period of one
year atte~ the allocation have been or will be taken care of within that time; and .
WHEREAS, the California Transportation CommiSsion by Resolution No. M.-136 has authorized the
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Director o! Transportation to apportion funds from the Grade Separation 'Fund to local agencies in accordance
with the applic~le annual priority list as established by the Public Utilities Commission; and
WHEREAS. the California Transportation Commission, acting' by and through the Director of
.
Transportation, on May 19 19 81. allocated th® sum of $ 8,3.33,333.33
.
which sum will be used to finance State's share of said cost. as prov. ided by Section 190 of the Streets and
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Highways Code: and
WHEREAS. an agreement is tO be entered into between the City and State. which agreement is to
provide reimbursemen, t to the City in a sum not to exceed S 8.333.~.~ . which is one-third of the
total f~nds appropriated for grade separation projects for the year of allocation (1980---1981). the maximum
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"--amount allocable to an~ one grade separation project, in accordanCe with Section 2454(g) of California
Streets and Highways Code and Public Utilities Commission Resolution No. ET-1284' dated December 16. 1980,
provided, however, City establishes to the satisfaction Of the State that all sums expended or to be expended
.
by City for the project a'e reasonable and are a necessary part of the project;
IgOR THEREFOR-=:, in consideration of the premises and mutual undertakings of the parties hereto, as
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hereina,'t.~ set forth, State and City agree as follows:
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1. C~ty hereby certifies it has sufficient City funds available to finance its share of the project cost.
2. Th~e costs attributable to the participating project are limited to the following:
(z} Right of Way: The cost of right of way shall include condemnation attorney fees, appraisal fees, escrow
faa, other necessary acquisition costs, the actual payment to property owners for right of way obtained,
~.,.~e right of way agent's time plus travel expense and normal payroll additives, the cost Of clearing the
right of way including utility relocation to the extent required by law and all relocation assistance
benefit payments for the participating parcel as required by law, less the value of excess land obtained
in such transactions.
(b) Engineering: Preliminary engineering shall include the actual time of engineers and designers plus
travel expense and normal p.ayroil additives.
(Rev. 6/15/81) - 2-
(c) Construction costs: The amounts actually paid to the contractor and the amounts.directly expended for
field supervision and inspection, including travel expense, normal payroll additives, laboratory tests,
. and work by Railroad forces, shall constitute construction costs.
(d) Direct incidental costs: Direct incidental costs shall be limited t° Cost of advertisin~ for bids.'
(e) Al} additives, overhead, or administrative costs, other than those mentioned above, are excluded from
the determination of the cost of the project.
3. City. in cooperation with Railroad. Will undertake said grade seParation project, which project consists.
of acquisition and clearing of necessary rights of way. preliminary and construction engineering, work by
Railroad forces, arxl Construction of said project.
o
'4. As p¢omptly as possible, and in any event within one year. after, the allocation by the Director of
Transportation, Cit7 shall award a contract for construction Of said project pursuant to the laws governing City
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'in the advectisirxj and award of public construction contracts, and in ~:onformance with. plans and specifications
prepared b), or on behalf of City. ' '
5. Within 60 days after' award of contract by City for construction of the project and upon being furnished
with a cop~ of the executed contract and the plans and sPeCifications, and an itemized statement from City
~howing expenditures actually ~ necessarily made b~ City prior to award of contract for engineering, right of"
#~7 ~md ~tility relocatior~ directly connected.with the project. State will reimburse City for a portion of said
~xpenditures determined by multiplying said expenditures by 80 percent. .
~. Ti~ereafte~'. as the work prc~gresses, upon being furnished with copies of the contractor's progress
estimat.~s, or other proof satisfactory to St'ate as to amounts actually Paid the contractor and necessarily
exper~d.--d-directly for fieid SUl~ervision and inspection. State will promptly reimburse City up to the total
amount a!h:x:ated for the project by the. Director of Transportation for a portion of the amount of said payments
to tb~ ~nt.,"ector. and t~ amounts expended by City directly for field supervision and inspection, equal to the
produc: e=tained by multiplying said .expendit~jres by 80 percent. The total State's share shall not exceed
S~3.333.333.33.
7. ~'~th}n 60 days after completion of the work and acceptance thereof by City. a detailed statement of the
direct cost of the project will be prepared by City and furnished to State whereupon a final accounting will
be made based on the direct cost of the work to the City (using the definitions of cost herein provided in
GSF City
(Rev. 6/15/81) - 3 -
Section 2). State's share of said cost will be equal to 80 percent el the direct cost of the .State participating
-' Ix~rtion of the project. Stat~ will at that tir~e pay City the balance, if any. of State's share of said cOsts, not ·
excs~ling $ ~. ,.'~ 3 9. ~ :3 ~ -.~-~ -. the total amOUnt allocated for the project by the Directo~ of T, ransportatio~.
If upon the final:acoounting it develops that State previously paid more than it:~ share of said particiPating
portic>n of ~ project cost. computed in said manner. City will refund to State' the difference between State's
sh~re of ~Lid particip_ating portion of ~e project cost, and the mm:rant paid I~. State. ..
8. That the .boni<s. papers, records and accounts of the parties hereto, and the contractors and .-
subcontractors, insofar as they relate to the items of expenses for labor and material or are in any way
connected with the work herein contemplated, shall at all reasonable times be open to inspection and audit by,
the agents and the authorized representatives of the parties hereto,.mxl the records relating thereto shall be
retained b,/ the- part i es and the contractore for a minimum et three years from the date final payment has been
made.
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9. The po~ion of the total project which is the participating project for determination of State's share of
the cost of the proje~.t is shown oe Exhibit "'A". attached hereto taxi made a part t,z~reof.
10. Any obligation by St. ate ~,or pay~nt of moneys contal~ herein is subject to and contingent upon the
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--City eot~[btishing to the s~tisfactlc~ el'th® State that all sums expended by the City for the project; for which
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~;e City requests part!~ ~imb~ ~.a~nt frcm the State, are reasonable ~ ~ a ~~ p~ of the
Di3~nts ~ ~e f~s to Ci~, which ~ ~~~ to ~ f~ State's s~e of t~
~ici~ti~ ~i~ ~ ~ ~j~ ~in c~t~lat~ ~t ~ ~e ~i~ to Ju~ ~, 198~ , ot~i~ the
~is~. bala~ s~il ro'v~ [ to ~ ~~ a p~ ~ t~ fu~ f~'whtch t~ a~riation w~ ~e, unle'~
t~ Cai~f~ie L~islat~ ~~iat~ ~diti~nal fu~s f~ t~ ~oj~t ~ t~ Call.mia Tm~ati~
C~miss~n all.ares 3~h fu~s for e~umbra~e to ~y t~ Sta~e's r~ni~ s~e of cost of t~ proje~.
A~y pr~ress payments m~e by State'pursuant to ~tio~5 a~ 6 ~rein~f~e are not an admission by
State t:~ s,.~h expenditures were reasonable and a n~ess~ p~ of t~ proj~t, a~ if State finds in final
~co:~:~ that such ex~nditures were not re~nable a~ a ~ess~ p~ of t~ proj~t. City will reim~r~
State ~ s~ch ~v~e funds.
City
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IN WITNESS WHEREOE, the parties hereto have executed this Agreement in duplicate the day and year.
, first above written.
APPROVAL RECOMMENDED:
District Director of Transportation
STATE OF CALIFORNIA '
DEPARTMENT OF TRANSPORTATION
G. L. RUSSELL
Deputy Director
Project Development
By
· ..:...,. ,~ .~...
~. £.7 62
CITY OF
By
Attest
3SF City 10123/78
Approved by Legal Division
.:[ev~ sed 4/30/80
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