HomeMy Public PortalAboutJoinville Park Bikeway EasementCITY OF SAN MATEO, CALIFORNIA
330 WEST TWENTIETH AVENUE
OFFICE OF THE CITY CLERK
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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)
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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.
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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