HomeMy WebLinkAboutReso 125-1982RESOLUTION NO. 125-82
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT
BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION AND THE CITY OF SOUTH SAN FRANCISCO
FOR THE CONSTRUCTION OF A NEW RAILROAD GRADE SEPARA-
TION STRUCTURE AT EAST GRAND AVENUE
that:
BE IT RESOLVED by the City Council of the City of South San Francisco
1. Execution of Agreement.
Execution of an Agreement between the State of California Department
of Transportation and the City of South San Francisco 'for the construction of
a new railroad grade separation structure at East Grand Avenue 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 introduced
and adopted by the City Council of the City of South San Francisco at a regular
meeting held on the 6th day of October , 1982, by the following vote:
AYES: Councilmembers Ronald G. Acosta, Mark N. Addiego, Emanuele N. Damonte,
Gus Nicolopulos; and Roberta Cerri Teglia
NOES: None
ABSENT: None
ATTEST:
City Clerk
04-SM-101 21.7'/22.4
04210-106920
Dist. Agmt. No. 4-0843-C
Document No. SM-41-4~01
3.
3
7
8 ,
9
10
1I
12
13
15
16
17
19
21
22
23
25
AGREEMENT -
THIS .AGREEMENT, ENTERED INTO ON ~'(".~, ~ , 1982, is betweeff
the STATE OF CALIFORNIA, acting by and through its Department of
Transportation, referred to herein as STATE, and
CITY OF SOUTH SAN FRANCISCO,
a body politic and a municipal
corporation of the State of
California, referred to herein
as CITY.
RECITALS
(1) STATE and CITY contemplate construction of a new
railroad grade separation structure at East Grand Avenue and
attendant modification to the State Highway Route 101/Grand
Avenue Interchange, including the installation of a traffic
control signal system and safety lighting at the intersection of
the southbound off-ramp, Airport Boulevard an'd Miller Avenue, all
to be referred to herein as "PROJECT", and as shown on the
attached Exhibit A and Exhibit B which are made a part of this
agreement. The CITY agrees to begin construction of the
auxiliary lane as shown on Exhibit B, at CITY's cost, when
..
1,260,000 square feet of office and/or research and development
building space is completed within the Gateway prOject area. If,
at that time, the STATE requires retention of the existing
pedestrian overcrossing, the CITY agrees to modify said
pedestrian overcrossing to accommodate the auxiliary lane as
shown on Exhibit B at CITY's cost.
--1--
2
5
6
7
8
9
10
1i
12
13
15
16
18
2O
21
25
(2) CITY is willing to perform, at CITY's sole expe-ns'e,
the preliminary engineering services and to prepare the plans,
specifications and estimates and to advertise and award the.
construction contract for PROJECT.
(3) Additional rights of way are required for PROJECT;
and CITY is willing to acquire said additional rights of way and
·
to bear the costs of utility protection, relocation or 'removal,
if any.
(4) A portion of the existing Route 101 Freeway right
of way will become excess State Highway right of way as shown on
Exhibit A; and STATE is willing to relinquish to CITY said excess
right of way; and CITY is willing to accept the relinquishment of
said excess right of way.
(5) CITY is willing to bear the construction
engineering and construction costs of PROJECT.
(6) CITY will perform all construction management,
· engineering and inspection~ for PROJECT, except for that
inspection performed by STATE under the Encroachment Permit for
...
which the CITY will be char·ged. '
(7) This agreement sets forth the terms and conditions
under which rights of way are to be acquired and under which the
PROJECT is to be designed, constructed, financed and maintained.
-2-
SECTION I
2
3
5
6
9
11
12
16
17
z8
19
21
'CITY AGREES: ~
(1) To acquire, at CITY's sole expense, the addit-ional
rights of way required for PROJECT.
(2) To identify and locate all high and low risk
underground facilities within the PROJECT area and to-protect or
otherwise provide for such facilities, all in accordance with
STATE's "Policy on High and Low Risk Underground Facilities
Within Highway Rights-of-Way". Costs of locating, identifying,
protecting or otherwise providing for such high and low risk
facilities shall be borne by CITY. CITY hereby acknowledges the
receipt of STATE's "Policy on High and Low RiSk Underground
Facilities Within Highway Rights-of-Way" and agrees to construct
the PROJECT in accordance with such policy.
(3) To prepare plans, ~pecifications and estimates for
PROJECT. and bear all of the expense thereof. Plans. and
specifications for work within STATE's righ-t of way shall be
subject to review and approval by STATE, prior to contract award
of the construction contract for PROJECT, to assure conformity to
STATE's standards.
(4) To advertise and award the construction contract
22 ~ for PROJECT at CITY's sole expense subject to the requirements of
25 ~
Article (10) of Section III of this. agreement.
, . · , , , , , , , · ·
-~ , , * * * * . * * * *
-3-
1
2
5
6
?
8
9
lO
13
15
16
17
18
19
21
22
4CD802
(5) TO apply for necessar~ encroachment permits for'
work within State Highway rights of way in accordanCe with
STATE's standar~ permit procedures.
(6) To reimburse STATE for the cost of traffic
striping and pavement marking furnished by STATE for PROJECT and
for the cost of all other STATE-furnished materials, if any.
(7) To pay STATE promptly upon comPletion of all.'
freeway and ramp striping and signing work and upon receipt of a
detailed statement made upon final accounting of costs therefor,
· any amount required to complete CITY's financial obligation
pursuant to'this agreement.
(8) To maintain all portions of the PROJECT located
outside STATE's ultimate right of way and all improvements within
·
STATE's right of way on Grand Avenue as shown on Exhibit A, and
·
make no claim against STATE for ahy portion of such maintenance
.
expense, except the STATE will pay fOr a portion of maintenance
expense for the Miller Avenue/Airport Boulevard traffic control
.
signals and safety lighting.
(9) To maintain and operate the said.traffic control.
signal system and safety 'l.igh.ting at the Miller Avenue-southbound
off-ramp/Airport Boulevard intersection in accordance with
STATE's standard maintenance procedures and pay an amount eqUal
to 75 percent of the total costs.
(10) Upon the adoption, filing and recording of the
Resolution of Relinquishment by the California Transportation
--4--
1
3
4
6
?
8
9
10
11
13
14
z6
18
~0
Commission,~ to accept ownership and maintenance responsibility
for the excess portion of the existing Route 101 Freeway right of
way as shown on Exhibit A. -
(11) To begin construction of the auxiliary la'ne as
shown on Exhibit B, at CITY's cost, when 1,260,000 square feet of
office and/or research and development building space is
completed within the Gateway Project area. If, at that time, the
STATE requires retention of the existing pedestrian overcrossing,
the CITY agrees to modify said pedestrian overcrossing to
accommodate the auxiliary lane as Shown on Exhibit B at CITY's
cost.
SECTION II
STATE AGREES:
(1) To review, at no cost to CITY, the CITY-prePared
plans, specifications and estimates for the portion of PROJECT
.within STATE's right of way, excluding the right of way to be
relinquished to CITY, to assure conformity to STATE's standards.
(2) To furnish and install, by STATE's forces and at
CITY's sole expense, all th'e traffic striping and pavement
marking and signing for the freeway and ramps.
.(3) To furnish CITY, upon completion of freeway and
ramp striping and signing, with a detailed statement of costs to
be borne by CITY.
-5-
(
2
3
5
6
?
8
9
10
11
12
13
15
16
17
18
19
21
22
2~
~5
(4) To reimburse CITY for STATE's proportionate share
of the cost of maintenance and operation of said traffic control
signal system a~d safety lighting at the Miller )%venue-southbound.
off-ramp/Airport Boulevard intersection, such share to be an
amount equal to 25 percent of the total costs. '~ -
(5) To maintain all portions of the PROJECT located
within STATE's ultimate right of way excluding the right of way
to be relinquished to CITY, and make no claim against CITY for
any portion of such maintenance expense; except that portion of
Grand Avenue, as shown on Exhibit A, wi-thin STATE's right of way
shall be maintained by CITY at CITY's sole expense.
SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS:
(1) All obligations of STATE under the terms of this
agreement are subject to the appropriation of resources by the
Legislature and the allocation of rescurces by the California
Transportation Commission.
(2) Should any portion of the PROJECT be financed with
Federal funds or State gas tax fun~s3'all 'applicable procedures
and policies relating to the use of Such funds shalI ~ppl'y
notwithstanding other provisions of this agreement.
(3) Upon completion of all work under this agreement,
ownership and title to all materials, equipment and appurtenances
installed within STATE's ultimate right of way will be vested in
the STATE, and all materials, equipment and appurtenances
--6--
3
5
6
7
8
9
10
11
12
13
15
16
17
~8
· 19
21
22
23
2Zl.
2..5
installed outside of STATE's ultimate right of way will be v~sted
in CITY, and no further agreement will be necessary to transfer
ownership as hereinabove stated.
(4·). CITY is designated as the Lead Agency for this
PROJECT and shall be responsible for compliance with all State
and Federal environmental laws and regulations pertaining to
highway construction.
(5) If existing public and private utilities conflict
with the construction of the PROJECT, CITY will make all
necessary ·arrangements with the owners of such utilities for
their protection, relocation or removal. CITY will inspect the
protection, relocation or removal of such utilities. If there
ar~_ costs of such protection, relocation or removal which STATE
and/or CITY must legally pay, CITY will bear the entire cost of
said protection, relocation or re~hoval. In this regard, the CITY
shall consult with the STAT~. prior to CITY's approval of any
·
'.claims presented for the cost of. said protection, relocation or
r emova 1.
· .
(6) In the construction-~'of'said-work, CITY will
perform all construction, engineering and inspection' for the
PROJECT except for that inspection to be provided by STATE for
compliance with the Encroachment Permit. All work within STATE's' '
right of way shall be accomplished to STATE's standards.
1
3
5
'6
7
8
9
lO
11
2
13
15
17
18
· 3:9
~o
'~3
~c0802
(7) The costs of traffic striping and pavement marki-ng
and signing referred to herein shall include all direct and
indirect costs '(functional and administrative overhead
assessment) attributable to such work, applied in accordance with
STATE's standard accounting procedures.
(8) Neither STATE nor any officer or employee thereof
shall be responsible for any damage or liability occurring by
reason of anything done or omitted to be done by CITY under or i~
connectiOn with any work, authority or jurisdiction delegated to
·
-CITY under this agreement. It is also agreed that, pursuant to
Government Code section 895.4, CITY shall fully indemnify and
hold STATE harmless from any liability imposed for injury (as
defined by Government Code Section 810.8) occurring by reason of
anything done or omitted to be done by CITY under or in
connection with any work, authority or jurisdiction delegated to
CITY under this agreement.
(9) Neither CITY nor any officer or employee thereof,
is responsible for any damage or liability occurring by reason of
anything done or 'omitted to be-done by STATE under or. in
connection with any work, authority or jurisdiction not delegated
to CITY under this agreement. It is also agreed that, pursuant
tO Government Code Section 895.4, STATE shall fully indemnify and
hold CITY harmless from any liability impOsed for injury (as
defined by Government Code Section 810.8) occurring by reason of
anything done or omitted to be done by STATE under or in
--8--
(i
connection with any work, authority or jurisdiction not delegated
2
3
4
to CITY under this agreement.
(10) C~TY shall not award the construction contract for
PROJECT until after all the additional rights of way required for
the PROJECT have been acquired and an Encroachment Permit has
6 been obtained.
7
8
9
10
(11) Construction by CITY of the PROJECT referred to
herein which lie within STATE's right of way or affect STATE
facilities, shall not be commenced until after CITY's plans and
specifications involving such work, as referred to hereinbefore
11
12
. 13
Section I, Article (3), have been reviewed and approved by
signature of STATE's Deputy District Director (Project
Development), Transportation District' 4, or his delegated agent,
and until an Encroachment Permit authorizing such work has been
15 issued by STATE therefor. Receipt-by CITY of CITY's plans
16 signed by STATE, shall constitute STATE's official approval of
17
18
said plans.
(12) CITY will obtain the aforesaid Encroachment Permit
19
through the office of STATE's Transportation District 4 Permit
Engineer and CITY's applicatibn therefor shall be accompanied by
21
22
five (5) sets of aforesaid STATE approved plans, five (5) sets of
specifications and one (1) copy CITY's aPproved environmental
23
2~
document. Receipt thereafter by CITY of the approved
Encroachment Permit shall constitute CITY's authorization from
25 STATE to proceed with work which lies within STATE's right of-way
-9-
(
or which affects STATE's facilities, pursuant to work covered-by
this agreement. CITY,s authorization to.proceed with said work
shall, however, be contingent upon CITY's compliance with all
5
6
7
8
9
11
12
15
16
17
~8
19
21
22
23
2~
provisions set forth in said Encroachment Permit.
(13) CITY's contractor, will also be required to obtain
an Encroachment Permit from ·STATE prior to commencing any work
which lies within STATE's right of way or which affects STATE
facilities. The application for said Encroachment Permit shall
be made through the office of STATE's Transportation District 4
Permit Engineer and shall include a Surety Bond.
(14) CITY will forward a reproducible set of As-Built
plans suitable for microfilming for the portions of the work
affecting STATE's facilities to STATE's Transportation District 4
Permit Engineer when the construction of PROJECT is completed.
(15) This agreement shall constitute the notice of
intention to relinquish required by Section 73 of the Streets and
Highways Code; and the completion o.f PROJECT shall discharge in
.full the obligation of STATE to place the' excess highway right of
~ .
way to be relinquished (as shown on EXh:~bit A) in a state of good
repair as required by said code section.
(16) CITY hereby waives all rights to. protest provided
for in said Section 73 of the Streets and Highways Code with
respect to the aforementioned relinquishment.
-10-
<.
1
2
6
?
8
9
lO
11
13
x4
15
16
17
18
19
21
22
23
24
(17) The terms of this agreement concerning the
construction of PROJECT shall terminate.upon completion .and
acceptance of PROJECT by CITY and STATE or on December 31, 1985,
whichever is earlier in time; however, the terms of this
agreement concerning ownership and maintenance and any other
terms not referable to the construction of PROJECT, shall remain
in effect until terminated or revised in writing by mutual
agreement.
STATE OF CALIFORNIA
Department of Transportation
ADRIANA GIANTURCO
Director of Transportation
Transportation District 4
NOR/4AN KELLEY
District Director
~e~hfty o~s6rict Director
CITY OF SOUTH SAN FRANCISCO
City Clerk
-11-
·
!
HIGH'WAY I0 I
~OUTH NO~TF
//
·
·
_-
:"-'DRAWING 1"t0. 4
·
CiTY OF SOUTH SAN FRANCISCO
A= 91"-
,%
EAST GRA>~D AVE. GRADE SEPARATION
EXHIBIT A
F14 $ 73.~.0