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HomeMy Public PortalAboutJoinville Park Bikeway EasementCITY OF SAN MATEO, CALIFORNIA 330 WEST TWENTIETH AVENUE OFFICE OF THE CITY CLERK Ftoiii, est...n.„ Xfl.;, await /9s- i3 Date: August 4, 1982 MINUTE ORDER # 201A-82 To: R. G. ADAMS, CHIEF Division of Highways State of California, Department of Transportation P.O. Box 3366, Rincon Annex San Francisco, CA 94119 In the matter of: Agreement - State of California - Including Deed of Easement from San Mateo City School District - Bike Path (Agenda Item 15) A t .-. / % e At the meeting of the City Council of the City of San Mateo on August 2, 1982, at which were present Council Members: WAYNE, RHOADS, HOFFMAN, RICHARDSON, and BAKER, on motion of Council Member WAYNE, seconded by Council Member RHOADS, duly carried and entered on the minutes, it was ordered to concur in recommendation of City Manager and Director of Public Works and 1) approve an agreement between the State of California and the City of San Mateo for the use of $90,000 Bicycle Land Funds to construct a bicycle path across Bayside School property to link Joinville Park/Pool, Bayside School and the Mariner's Island portion of San Mateo; 2) accept the Deed of Easement from the San Mateo Elementary School District for access through the portion of Bayside School needed for the path; 3) appropriate a new project (09-90-62.36) for the bike path and approximately $10,000 from the City Gas Tax Fund balance to match the $90,000 in grant funds (90:10 split) and adopt: (a) Resolution No. 88 (1982) Approve and Authorize Mayor to Execute Agreement with State of California for Use of Bicycle Lane Funds for Bicycle Path Across Bayside School Property. (b) Resolution No. 89 (1982) Accepting Deed of Easement for Pedestrian Bicycle Path Purposes from the San Mateo City School District. [RECEIVED AUG l 5. 1982 SAN MATEO PUBLIC WORKS DEPT. R. G. ADAMS, CHIEF August 4, 1982 Page 2 Enclosed are the original and duplicate original copies of the agreement which have been executed by the City of San Mateo. Would you please return the original agreement to us after execution by you. Thank you. DORIS CHRISTEN, CITY CLERK DC:ma:Zw-27,28 Enclosures cc: ✓birector of Public Works (2) Susan Wilson Director of Finance Bill Moroney City Attorney RESOLUTION NO. 88 (1982) APPROVE AND AUTHORIZE MAYOR TO EXECUTE AGREEMENT WITH STATE OF CALIFORNIA FOR USE OF BICYCLE LANE FUNDS FOR BICYCLE PATH ACROSS BAYSIDE SCHOOL PROPERTY that: RESOLVED, by the Council of the City of San Mateo, California, WHEREAS, since 1978 the City has requested funds from the California State Department of Transportation to install a bicycle path across Bayside School property to link Joinville Park and Pool, Bayside School, and Mariner's Island; and WHEREAS, $90,000 has been made available by the Department of Transportation for this purpose; and WHEREAS, the installation of said bicycle path will provide a safe convenient access for Mariner's Island residents to Joinville Pool, Bayside Park, and to all of San Mateo; NOW, THEREFORE, IT IS HEREBY DETERMINED and ORDERED, that: The proposed agreement with the State of California for bicycle path funds in the amount of $90,000 for the above -referenced bicycle path is hereby approved and the Mayor is authorized to execute said agreement and $10,000 shall be appropriated for this new project (09-90-62.36) from City Gas Tax funds to provide required matching funds. ATTEST: /s/ JANE BAKER Mayor (SEAL) /s/ DORIS CHRISTEN City Clerk LOCAL AGENCY -STATE AGREEMENT BICYCLE LANE ACCOUNT PROJECT 04 City of San Pateo District Local Agency AGREEMENT N0. 06-82 THIS AGREEMENT, made in duplicate this 2nd day of Au¢ st , 19 82 , by and between the City of San Mateo a political subdivision of the State of California hereinafter referred to as "LOCAL AGENCY", and the State of California, acting by and through the Department of Transpor- tation, hereinafter referred to as "STATE." WITNESSETH: WHEREAS, under the provisions of Section 2106(b) and Sections 2370 through 2392 of the Streets and Highways Code, as implemented by regulations in Title 21, Chapter 2, Subchapter 10 of the California Administrative Code, funds have been allocated to LOCAL AGENCY for the construction of a Bicycle Lane Account project selected by LOCAL AGENCY and described in EXHIBIT A attached hereto; and WHEREAS, under provisions of the California Administrative Code, STATE is required to enter into an agreement with LOCAL AGENCY relative to design standards, the handling and accounting of funds, time for completion and all other phases of the project, THEREFORE, the parties agree as follows: ARTICLE I - Project Administration 1. The project or projects described in Exhibit A, hereinafter referred to as "the project", shall be constructed as provided in this agreement and in accordance with the laws applicable to LOCAL AGENCY. In the event of a conflict, the terms of this agreement shall prevail. 2. Except as provided herein and in Exhibit "Special Covenants", construction shall be performed by contract. Striping, application of pavement markings and signing may be performed by LOCAL AGENCY forces. LOCAL AGENCY shall prepare all documents necessary for advertising, advertise, and award and administer the contract including inspection of work performed and payments to the contractor as the same become due. 3. Prior to advertising, LOCAL AGENCY shall prepare a complete set of contract plans and submit same to STATE for approval. Such plans shall conform to the minimum safety design criteria and uniform specifications and symbols for signs, markers, and traffic control devices established by STATE. 4. The estimated costs of the project are as shown in Exhibit A. LOCAL AGENCY may, at its option, award contracts for amounts in excess of said estimates, and final project expenditures may exceed said estimates if sufficient local funds are available to finance the excess. It is understood, however, that the allocation of Bicycle Lane Account funds will not exceed that shown for each item in Exhibit A. 5. In the event the final costs of the project are less than said estimate by reason of low bid or otherwise, the allocation of Bicycle Lane Account funds will be decreased in relationship to the percent funded by Bicycle Lane Account. 6. STATE shall pay to the LOCAL AGENCY, within forty-five (45) days of receipt of a final accounting of actual project costs and a written request for payment, the Bicycle Lane Account share of the actual cost of the project. 7. "All costs charged to this agreement by LOCAL AGENCY shall be supported by properly executed payrolls, time records, invoices and vouchers, evidencing in proper detail the nature and propriety of the charges, and shall be costs allowable under the California Bikeways Act." 8. STATE may, at its option declare this agreement void if a contract for construction of the project has not been awarded by LOCAL AGENCY on or before December 31 of the calendar year in which the allocation of funds for the project is made. 9. If the project is a cooperative project and includes work on a state highway, it shall be the subject of a separate cooperative agreement between the STATE and LOCAL AGENCY. 10. The Legislature of the State of California, and the Governor of the State of California, each within their respective jurisdictions, have prescribed certain employment practices with respect to contract and other work financed with State funds. LOCAL AGENCY shall ensure that work performed under this agreement is done in conformance with the rules and regulations embodying such requirements where they are applicable. Any agreement or service contract entered into by LOCAL AGENCY for performance of work connected with the project shall incorporate Exhibit B attached hereto. ARTICLE II - Rights -of -Way 1. Such rights -of -way as are necessary for the construction of the project shall be furnished by LOCAL AGENCY. Right-of-way costs may be included as an eligible item of total costs. 2. LOCAL AGENCY agrees to hold State harmless from any liability which may result in the event the right-of-way is not clear prior to award of contract. The furnishing of rights -of -way as provided for herein includes in addition to all real property required for the improvement, free and clear of obstruction and encumbrances, the payment of damages to real property not actually taken but injuriously affected by the proposed improvement. LOCAL AGENCY shall pay from its own funds any costs which arise out of delays to the contractor because utility facilities have not been removed or relocated, or because rights-cf-way have not been made available to the contractor for the orderly prosecution of the work. 3. Should LOCAL AGENCY, in acquiring right of way for the project, displace an individual, family, business, farm operation, or nonprofit organization, relocation payments and services will be provided in compliance with the appli- cable State laws. The public will be adequately informed of the relocation payments and services will be provided in compliance with the applicable State laws. The public will be adequately informed of the relocation payments and services which will be available and to the greatest extent practicable no person lawfully occupying real property shall be required to move from his dwelling or to move his business or farm operation without at least 90 days written notice from LOCAL AGENCY. ARTICLE III - Engineering 1. "Preliminary engineering" as used herein includes all preliminary work related to the project, including but not restricted to preliminary surveys and reports, laboratory work, soil investigations, preparation of plans, designs, and advertising. "Construction engineering" as used herein includes actual inspection and supervision of construction work, construction staking, laboratory and field testing, field reports and records, estimates, final reports, and allowable expenses of employees engaged in such activities. 2. Preliminary and construction engineering costs included in the estimate contained in Exhibit A are eligible project costs. STATE reimbursement to LOCAL AGENCY will be on the basis of the actual cost thereof to LOCAL AGENCY including compensation and expense, of personnel working on the project, required materials, and automotive expense provided, however, that LOCAL AGENCY shall contribute its general administrative and overhead expense. ARTICLE 1V - Miscellaneous Provisions 1. If STATE is named as a defendant in any suit arising from the construction, maintenance or operation of the project, LOCAL AGENCY will, at request of STATE, assume full responsibility for the conduct of the defense or will provide such assistance as STATE will require, and will pay any judgements issued against STATE and all costs in connection with the defense. STATE reserves the right to represent itself in any litigation in which STATE'S interests are at stake. 2. LOCAL AGENCY shall maintain an accurate and detailed record of costs for this project. Such records shall be retained and made available to STATE'S auditors for examination for a minimum period of three years from date of final payment of expenditures from Bicycle Lane Account. 3. Upon acceptance of the completed project by the awarding authority, or upon the contractor's being relieved of the duty of maintaining and protecting certain portions of the work LOCAL AGENCY shall assume responsibility for main- taining the project. 4. Minor charges may be made in the project as described in Exhibit A upon notice to STATE. No major change, however, may be made in said project except pursuant to an amendment to this agreement duly executed by STATE and LOCAL AGENCY. 3 IN WITNESS WHEREOF. the parties have executed this agreement by their duly authorized officers. STATE OF CALIFORNIA Department of Transportation R.G. ADAMS, Chief Division of Highways By Chief, Office of Bicycle Facilities Approval Recommended: bistrict Director of Transportation CITY OF SAN MATEO LOCAL AGENCY By /8/ JANE BARER Title MAYOR Date August 2, 1982 Attest: (SEAL) /s/ DORIS CHRISTEN Title: CITY CLERK 4 EXHIBIT A. Local Agency: City of San Mateo Agreement No. 06-82 ARTICLE V - Project Location and Description of Work Proposed: Location: In Joinville Park, from Kehoe Ave. at Roberta Drive to an existing Class I Bikeway over Marina Lagoon south of Third Ave. Description of Work: Construct a Class I Bikeway from Kehoe Ave., through Joinville Park, across the levee and connecting up with a Class I Bikeway on Mariner's Island. Net Length: 1100 feet ARTICLE VI - Proposed Project Funding: Cost: Construction Engineering (By Contract) Signing & Striping Total $5,000 $90,000 $5,000 $100,000 Financing: Construction Construction Engineering (By Contract) Signing & Striping Total Local Agency $500 $9,000 S500 510,000 Bicycle Lane Account $4,500 $8],000 S4,500 S�000 Percent Funding by Bicycle Lane Account 909 EXHIBIT B . FAIR EMPLOYMENT PRACTICES ADDENDUM .l. In the performance of this contract, the Contractor will not discri- minate against any employee or applicant for employment because of race, sex, color, religion, ancestry, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, sex, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenti- ceship. The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the State setting forth the provisions of this Fair Employment Practices section. 2. The Contractor will permit access to his records of employment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment Practice Commission, or any other agency of the State of California designated by the awarding authority, for the pur- poses of investigation to ascertain compliance with the Fair Employment Practices section of this contract. 3. Remedies for Willful Violation: (a) The State May determine a willful violation of the Fair Employment Practices provision to have occured upon receipt of a final judgement having that effect from a court in an action to which Contractor was a party, or upon receipt of a written notice from the Fair Employment Practices Commission that it has investigated and determined that the Contractor has violated the Fair Employment Practices Act and has issued an order, under Labor Code Section 1426. which has become final, or obtained an injunction under Labor Code Section 1429. (b) For willful violation of this Fair Employment Practices provision, the State shall have the right to terminate this contract either in whole or in part, and any loss or damage sustained by the State in securing the goods or services here- under shall be borne and paid for by the Contractor and by his surety under the performance bond, if any, and the State may deduct from any moneys due or that thereafter may become due to the Contractor, the difference between the price nared in the contract and the actual cost thereof to the State. di ►r- 111 ---"."4111WW=r1Prirrojaajtitaik:1 -- ev,. ��• 'j el J. C;' �. ! A ;' • a:•3. i:• . 1g • : Y= Resolution adopted by the City Council of the City of San Mateo, California, at a regular meeting held on August 2, 1982, by the following vote of the Council: AYES: Council Members WAYNE, RHOADS. HOFFMAN, RICHARDSON and BAKER NOES: NONE ABSENT: NONE RESOLUTION NO. 89 (1982) ACCEPTING DEED OF EASEMENT FOR PEDESTRIAN BICYCLE PATH PURPOSES FROM THE SAN MATEO CITY SCHOOL DISTRICT RESOLVED, by the Council of the City of San Mateo, California, that: WHEREAS, on July 6, 1982 the Board of Trustees of the San Mateo City School District passed a resolution granting an ease- ment to the City of San Mateo for pedestrian bicycle path purposes; and WHEREAS, this action was taken pursuant to the City of San Mateo's request so that a pedestrian bicycle path could be constructed across Bayside School property to serve the needs of the community; NOW, THEREFORE, IT IS HEREBY DETERMINED and ORDERED, that: The City Council hereby accepts said Deed of Easement for pedestrian bicycle path purposes across Bayside School and expresses its appreciation to the City of San Mateo School District for granting said easement. /s/ JANE BAKER Mayor ATTEST: (SEAL) /s/ DORIS CHRISTEN City Clerk DEED Cr EASEMENT SAN MATEO CITY SCHOOL DISTRICT. en elementary school district of the County of San Mateo. hereby grants to the CITY Or SAN MATEO, • municipal corporation. an easement for the construction, maintenance and use of • bicycle path over, on and across real property situated in the City of San Matto, County of San Mateo, State of California. and more particularly described as follows; A strip of land 20 fest in width, the centerline of which is described as follows; Beginning at • point on the most northerly lino of that certair, parcel of land described in deed to the City of San Mateo from San Mateo City School District recorded July 1. 1968, in Volume 5495, page 266 of Official Records of the County Recorder in the County of San Mateo. Said point being south 89°52'58' west 50.21 feet from the most northeasterly corner of said parcel, Thence north 22000'00" east 19.87 feet to a tangent curve to the right having • radius of 50 feet, Thence along said curve 21.82 feet through a central angle of 25000'00'. Thence horth 47000'00" east 37.25 feet to • tangent cwre to the left having • radius of 50 feet, Thence along said curve 26.80 feet through • central angle of 33°0C')0". Thence north 14000'00" Rest 194.76 feet to a tangent curve to tl,c left having • radius of 50 feet, Thence along said curve 14.84 feet through • central angle of 17000.00", Thence north 3000'00" west 49.46 feet to • tangent curve to the left having a radium of SO feet, Thence along said curve 57.73 feet through • central angle of 64000'16" to the beginning of a tangent revers, curve to the right having a radius of 577 feet, Thence along said curve 151.06 feet through a central angle of 1500('00'. Theme north 54009'16" west 49.37 feet to a tangent curve to the left having a radius of be feet. Then:- alone said curve 20.94 feet through a of 24°vi'n0", central angle Thence north 7eb'C7'IC" west 49.05 feet to a tangent curve to the right having • radius of 50 feet, Thence along said Curve 57.73 felt through a central angle of 66°C9.16". Thence north 120 west 17.51 feet to • point on the most northerly line of that certain parcel of land described in deed to San Mateo City School District fror rarasidc i Development Company recorded November 21, 1958, in Volume 3497, Page 271 of Official Records of the County Recorder of said County and there terminating. Said point being south 89°52'58' vest 62.12 feet more or less from the most northeasterly corner Of said parcel ****** Resolution adopted by the City Council of the City of San Mateo, California, at a regular meeting held on August 2, 1982, by the following vote of the Council: AYES: Council Members WAYNE, RHOADS. ROFFMAN, RICHARDSON and BAKER NOES: NONE ABSENT: NONE