HomeMy WebLinkAboutAgr 2005-06-28 (CAL/TRANS)
04-Mrn-101 KP 9.3/10.0 (PM 5.8/6.2)
East Blithedale Off Ramp
04227-2937U1
District Agreement No. 4-2024
CONTffiBUTIONAGREEMENT
THIS AGREEMENT, ENTERED INTO EFFECTIVE ON J O./V\p Q-r ,2005,
is between the STATE OF CALIFORNIA, acting by and through its Department of
Transportation, referred to herein as "STATE", and the
COUN1Y OF MARIN, a political subdivision of
the State of California, referred to herein as
"COUN1Y", and the
TOWN OFTIBURON, a body politic and a
municipal corporation of the State of
California, referred to herein as "TOWN".
RECITALS
1. STATE, COUN1Y and TOWN, pursuant to Streets and Highways Code section 130, are
authorized to enter into a Cooperative Agreement for improvements to State highways
in the County of Marin.
2. STATE, COUN1Y and TOWN desire State highway improvements consisting of widening
two (2) lanes at the southbound State Route 101 off-ramp to East Blithedale
Avenue/Tiburon Boulevard in the County of Marin, referred to herein as "PROJECT".
3. COUN1Y desires and has pledged an $800,000 contribution to STATE towards the cost
of construction of PROJECT.
4. TOWN desires and has pledged a $100,000 contribution to STATE towards the cost of
construction of PROJECT.
5. The parties hereto intend to define herein the terms and conditions under which
PROJECT is to be constructed, financed, and maintained.
SECTION I
STATE AGREES:
1. To administer the construction contract for PROJECT.
SECTION II
COUN1Y AGREES:
1. To deposit with STATE within twenty-five (25) days of receipt of billing therefor [which
billing will be forwarded fifteen (15) days prior to STATE's bid advertising date of a
construction contract for PROJECT], the amount of $800,000, which figure represents
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District Agreement No. 4-2024
the lump sum total amount of COUN1Y's agreed to share of the construction cost for
PROJECT.
2. To maintain any improvements installed pursuant to this Agreement, which lie inside
COUN1Y's right of way.
SECTION III
TOWN AGREES:
1. To deposit with STATE within twenty-five (25) days of receipt of billing therefor [which
billing will be forwarded fifteen (15) days prior to STATE's bid advertising date of a
construction contract for PROJECT], the amount of $100,000, which figure represents
the lump sum total amount of TOWN's agreed to share of the construction cost for
PROJECT.
SECTION IV
IT IS MUTUALLY AGREED:
1. All obligations of STATE under the terms of this Agreement are subject to the
appropriation of resources by the Legislature in the annual State Budget Act, and the
allocation of resources by the California Transportation Commission.
2. Upon completion of all work under this Agreement, ownership and title to materials,
equipment and appurtenances installed within STATE's right of way will automatically
be vested in STATE and no further agreement will be necessary to transfer ownership
to STATE. Any materials, equipment and appurtenances installed inside the COUN1Y's
right of way will automatically be vested in COUN1Y. Any materials, equipment and
appurtenances installed inside TOWN's right of way will automatically be vested in
TOWN. No further agreement will be necessary to transfer ownership as hereinabove
stated.
3. Neither STATE 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 COUN1Y and
TOWN under or in connection with any work, authority or jurisdiction delegated to
COUN1Y or TOWN under this Agreement. It is understood and agreed that, pursuant
to Government Code section 895.4, COUN1Y and TOWN shall fully defend, indemnify
and save harmless STATE and all its officers and employees from all claims, suits or
actions of every name, kind and description brought for or on account of injury (as
defined in Government Code section 810.8) occurring by reason of anything done or
omitted to be done by COUN1Y or TOWN under or in connection with any work,
authority or jurisdiction delegated to COUN1Y or TOWN under this Agreement.
4. Neither COUN1Y and TOWN 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 delegated to
STATE under this Agreement. It is understood and agreed that, pursuant to
Government Code section 895.4, STATE shall fully defend, indemnify and save
harmless COUN1Y and TOWN from all claims, suits or actions of every name, kind and
description brought for or on account of injury (as defined in Government Code section
810.8) occurring by reason of anything done or omitted to be done by STATE under or
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District Agreement No. 4-2024
in connection with any work, authority or jurisdiction delegated to STATE under this
Agreement.
5. This Agreement shall terminate upon completion and acceptance of the construction
contract for PROJECT by STATE and final disposition of COUN1Y's and TOWN's
required deposits as specified in Section II, Article 1 and Section III, Article 1 above, or
on June 30, 2009, whichever is earlier in time.
6. The parties hereto recognize and agree that separate counterpart signature pages may
be used but that all such pages constitute one and the same Agreement.
STATE OF CALIFORNIA
Department of Transportation
COUN1Y OF MARIN
WILL KEMPTON
Director
By: ~ ~&-
Deputy District Director
Approved as to form and procedure: ~~
\] J) . ~.' (~____~l~~~t~ftheBoar ofSupe sors .
/\ J~~..,,\ r
Attorney
Department of Transportation
Certified as to budgeting of funds:
Approved as to form:
~o~.~
Certified as to financial terms and
conditions:
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Attest: jl /(_.:ru j/~/C C) it -,
./ ,
Town Clerk
Approved as to form:
4~#-
Attorney I
District Agreement No. 4-2024
4
RESOLUTION NO. 2005-76
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF MARIN
AUTHORIZING THE PRESIDENT TO EXECUTE A CONTRIBUTION AGREEMENT
WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
TO INITIATE CONSTRUCTION OF AND COST SHARING AGREEMENT
FOR SAFETY IMPROVEMENTS TO THE U.S. HIGHWAY 101 SOUTHBOUND OFFRAMP
TO EAST BLITHEDALE AVENUEITIBURON BOULEVARD
THE MARIN COUNTY BOARD OF SUPERVISORS RESOLVES THAT:
WHEREAS, the California Department of Transportation, County of Marin, City of Mill
Valley and Town of Tiburon wish to improve safety and reduce accidents for southbound
vehicles on U.S. Highway 101 exiting at East Blithedale Avenue/Tiburon Boulevard;
WHEREAS, the California Department of Transportation has prepared and approved
a Project Study Report for the U.S. Highway 101 southbound offramp to East Blithedale
Avenue/Tiburon Boulevard safety improvements which establishes the estimated project cost;
WHEREAS, the County of Marin adopted Resolution 2002-158 on October 22, 2002,
supporting the widening of the southbound offramp to improve safety; and
WHEREAS, the County agrees to share in the construction costs utilizing
Transportation Facilities Fees collected pursuant to Resolution 2002-97 and Ordinance 3348
with an amount not to exceed $800,000.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the
County of Marin authorizes the President of the Board of Supervisors to execute the
Contribution Agreement.
PASSED AND ADOPTED at a regular meeting of the Board of Supervisors of the
County of Marin held on this 28th day of June, 2005, by the following vote:
AYES:
SUPERVISORS
Charles McGlashan, Susan L. Adams, Steve Kinsey,
Cynthia L. Murray, Harold C. Brown, Jr.
NOES:
ABSENT:
NONE
NONE
ATTEST:
CL:?!H~.
The fcrcgol:'1g ir.strument i~ a
correct,coPY of ~~o orif,~nal on
record In tnls cll:e.
r'~',i\RK R:ESENFELD, Clerk
of thlJ Board of Supcf\/iscrs
c~ tr::-- C:'unty of r';~;::'iin
~f'J[or ~'al:fc"r'l'a
'W .ctl'~ '.1 I I
Ey 'J~
Deputy Clerk
Resolution No. 2005-76
6/28/2005
RESOLUTION NO. 27-2005
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
AUTHORIZING THE TOWN MANAGER
TO EXECUTE A CONTRIBUTION AGREEMENT
WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
TO INITIATE CONSTRUCTION OF,
AND COST SHARING AGREEMENT FOR,
SAFETY IMPROVEMENTS TO THE U.S. HIGHWAY 101 SOUTHBOUND OFFRAMP
TO EAST BLITHEDALE AVENUEITIBURON BOULEVARD,
AND APPROPRIATING FUNDS THEREFOR
WHEREAS, the California Department of Transportation, County of Marin, City of Mill
Valley and Town of Tiburon desire to improve safety and reduce accidents for southbound
vehicles on U.S. Highway 101 exiting at East Blithedale Avenue/Tiburon Boulevard; and
WHEREAS, the California Department of Transportation has prepared and approved
a Project Study Report for the U.S. Highway 101 southbound off-ramp to East Blithedale
Avenue/Tiburon Boulevard safety improvements which establishes the estimated project cost;
and
WHEREAS, the Tiburon General Plan Circulation Element proposes this freeway off-
ramp widening project as a needed circulation improvement to accommodate new development
and maintain acceptable levels of service at intersections within the Tiburon Planning Area; and
WHEREAS, the Town of Tiburon has collected development fees from projects
pursuant to Chapter 14B of the Municipal Code and Resolution No. 3162 for the funding of this
circulation improvement, said fees being placed in the Planning Area Mitigation Fund restricted
reserve account; and
WHEREAS, executing of this agreement and construction of the off-ramp
improvements is consistent with the goals and policies of the Tiburon General Plan and with
provisions of Chapter 14B of the Tiburon Municipal Code and Resolution No. 3162; and
WHEREAS, the County of Marin and City of Mill Valley have adopted resolutions
supporting the widening of the southbound off-ramp to improve safety; and
WHEREAS, the Town agrees to share in the construction costs with a contribution
amount not to exceed $100,000.
NOW, THEREFORE BE IT RESOLVED, that the Town Council of the Town of
Tiburon hereby appropriates the sum of $100,000 from the Planning Area Mitigation Fund
restricted reserve account for said purpose, and authorizes the Town Manager to execute the
Contribution Agreement.
Resolution Authorizing Contribution Agreement/Highway 101 & East Blithedale - 6/29/05
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PASSED AND ADOPTED at an adjourned meeting of the Town Council of the Town of
Tiburon held on the 29th day of June, 2005, by the following vote:
AYES:
COUNCILMEMBERS:
Berger, Fredericks, Gram, Slavitz, Smith
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
None
ATTE5'T;j....t2ijl
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DIANE CRANE IACOPI, TOWN CLERK
T~~~~q~..D ,
! N}201/A
TOWN CLERK r- ~
Resolution Authorizing Contribution Agreement/Highway 101 & East Blithedale - 6/29/05
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