HomeMy WebLinkAboutAgr 2017-11-30 (Memorandum of Understanding Tiburon Boulevard) PART
................................ ...........................D.....E.....................M.E.NT....OF...PURLK...WORKS
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COUNTY OF MARIN Quality, Excellence, Innovation
Raul M. Rojas
DIRECTOR November 30,2017
Is
Patrick Barnes, DPW Director I C 2,0 V
Administration Town of Tiburon
r
PO Box 4186 1505 Tiburon Blvd. [..o t
San Rafael, CA 94913-4186 Tiburon, CA 94920
415 473 6528 T
415 473 3799 F Re: Memorandum of Understanding(MOU)with the Town of Tiburon regarding the
415 473 3232 17Y development of improvements at Tiburon Boulevard(Highway 13 1) and Highway 101
CRS Dial 711
www.marincounty.org/pw Dear Mr. Barnes:
Accounting Attached is a copy of our fully executed Agreement to work with Caltrans developing a Permit
Airport Engineering Evaluation Report(PEER)to add a travel lane along Tiburon Boulevard
(Highway 13 1)from North Knoll Road onto the northbound US 101 ramp to facilitate vehicle
Building Maintenance storage and movement, as well as to include pedestrian and bicycle improvements through
with the Caltrans northbound on-ramp metering project. The Agreement was approved by the
Capital Projects Marin County Board of Supervisors on October 31, 2017.
Certified Unified Program Caltrans District 4 is currently evaluating the incorporation of the MOU improvements as part
Agency(COPA) of the Tiburon Boulevard northbound US 101 ramp metering work, and is pursuing
competitive funding through their Department processes. If contributing the $350,000 to
Communications Caltrans by the County increases the competitiveness of their request and secures funding for
Maintenance the project,the County will enter into an agreement with Caltrans and forego preparation of
the PEER.
County Garage
If you have agreement questions please contact me at(415)473-3076.
Disability Access Very truly yours,
Engineering&Survey
Flood Control& Bob Goralka
Water Resources Principal Civil Engineer
Land Development Attachment
Purchasing c: Craig Tackabery
Eric Miller
Real Estate Qiana Davis
Reprographic Services
Road Maintenance
Stormwater Program
Transportation&
Traffic Operations
F:\Traffic\Projects\Tiburon Blvd\PEER Agrecinents\Agreement—Transmittal—Letter—I 13017.doc
Waste Management
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE COUNTY OF MARIN
AND
THE TOWN OF TIBURON
REGARDING THE DEVELOPMENT IMPROVEMENTS AT TIBURON BOULEVARD
(HIGHWAY 131) AND US 101
THIS Memorandum of Understanding ("MOU"), made and entered into this _th day of
2017, by and between the COUNTY OF MARIN, hereinafter referred to
as "COUNTY", and the TOWN OF TIBURON, hereinafter referred to as "TOWN", both
in the State of California, collectively the ("PARTIES").
For good and valuable consideration the PARTIES agree as follows:
SECTION 1: RECITALS.
A. The primary purpose of the Permit Engineering Evaluation Report (PEER) is to
document the engineering rationale for Caltrans' decision in permit action.
B. Caltrans is developing a ramp metering project on the northbound on-ramp from
Tiburon Boulevard (Highway 131) to US 101. The PARTIES would also like to
develop a travel lane along Tiburon Boulevard (Highway 131) from North Knoll
Road onto the northbound US 101 ramp to facilitate vehicle storage and
movement, and to include pedestrian and bicycle improvements thru the project
area.
C. In order to timely evaluate the addition of a westbound travel lane and other
bicycle and pedestrian operational improvements on the north side of Tiburon
Boulevard (Highway 131) as shown in Exhibit "A", the County of Marin, City of
Belvedere, the City of Mill Valley and the Town of Tiburon have agreed to fund a
PEER, hereinafter referred to as "PROJECT".
D. The PROJECT funding commitment is $175,000 from the County, $14,700 from
Belvedere, $98,000 from Mill Valley, and $62,300 from Tiburon for a total Project
fund allocation of $350,000.
E. The Project shall be completed within 18 months of execution of this MOU.
F. The County of Marin will receive the contributions from the Cities and Town and
manage completion of the PROJECT that is estimated under $3,000,000 to build.
G. The PARTIES acknowledge and agree that the sole purpose of this MOU is for
the PARTIES to collaborate for the completion of a PEER, fund the PEER
analysis, and to evaluate the feasibility of the PROJECT. The PARTIES also
acknowledge that, currently, COUNTY has not committed to any action other
than collaborating on the necessary PROJECT preliminary engineering.
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H. Once the PEER is approved and funds are identified the County of Marin may
move forward with the project under an encroachment permit.
I. Caltrans District 4 is currently evaluating the incorporation of the project as part
of the Tiburon Boulevard northbound US 101 ramp metering work, and is
pursuing competitive funding through their Department processes. If contributing
the $350,000 to Caltrans by County increases the competitiveness of their
request and secures funding for the project, County will enter into an agreement
-with Caltrans and forego preparation of the PEER.
J. The COUNTY is in the process of scoping the PROJECT in preparation for the
start of the environmental phase. The PROJECT is currently expected to result in
a Categorical Exemption. Should the PROJECT result in a higher level
Environmental Document, the PARTIES will need to reevaluate the scope,
schedule and fund allocation of this agreement at that time.
K. The PARTIES agree that the analysis needed to evaluate next steps include the
items listed below and hereinafter will be referred to as "ANALYSIS":
1. Permit Engineering Evaluation Report (PEER)
2. Environmental document — Provide scope of work with a detailed
project description including associated environmental studies and
mitigation.
L. The Board of Supervisors and the Town Council wish to enter into this MOU and
collaborate for the completion of engineering analysis to define the scope of a
construction project.
M. The PARTIES understand and acknowledge that further ANALYSIS may be
necessary before operational improvements can be made to Tiburon Boulevard
and any final TOWN or COUNTY decision on the PROJECT would need to be
approved by Caltrans.
N. The PARTIES understand and acknowledge that should the PROJECT be
acceptable and meet the needs and requirements of the PARTIES and Caltrans,
additional agreements may be needed between the PARTIES to undertake the
full scope of the PROJECT for implementation.
O. TOWN will reimburse COUNTY for the cost of any ANALYSIS for work that
occurs under this agreement in an amount not to exceed $62,300.
P. It is agreed that the formula herein will not be the basis for local contributions
towards design or project implementation. An equitable formula will be
developed should locally funded construction be pursued.
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SECTION 2: TOWN RESPONSIBILITIES:
A. TOWN Shall:
1. Promptly reimburse COUNTY for labor costs associated with the ANALYSIS, not
to exceed the amounts specified in Section 1 D.
2. Work with COUNTY staff to ensure that TOWN'S requirements and concerns
regarding the PROJECT feasibility are addressed in the ANALYSIS. TOWN
shall address, to the satisfaction of COUNTY, all comments submitted by
COUNTY concerning these ANALYSIS. TOWN shall review, submit edits,
comments, corrections and either accept, require modifications, or reject all
engineering studies in a timely manner.
3. TOWN shall indemnify, hold harmless, release and defend COUNTY, its Board of
Supervisors, and the officers, agents and employees of the COUNTY from any
and all liability, actions, claims, damages, costs or expenses, including attorneys'
fees and the costs and expenses of suit which may be asserted by any
complainant, arising in any respect, out of TOWN's negligent or intentional acts
or omissions in performance of its work under this MOU.
B. COUNTY Shall:
1. Procure a consultant and manage the completion of this PROJECT.
2. Make available its staff to provide TOWN status updates and other information
needed to facilitate completion of the ANALYSIS.
3. Prepare and submit to TOWN invoices for COUNTY labor costs and consultant
costs associated with the ANALYSIS on a monthly basis.
4. Work with TOWN to provide all necessary information for the evaluation of the
ANALYSIS, and recommend further studies should they be indicated in order to
fully assess the PROJECT. Should additional unforeseen studies be identified,
this MOU shall be modified accordingly.
5. Communicate with TOWN clearly, early and throughout the process regarding
COUNTY's concerns and potential TOWN requirements that could be associated
with the PROJECT implementation should feasibility be indicated as a result of
the studies to be conducted under this MOU.
6. COUNTY shall indemnify, hold harmless, release and defend TOWN, its Board of
Directors, and the officers, agents and employees of TOWN from any and all
liability, actions, claims, damages, costs or expenses, including attorneys' fees
and the costs and expenses of suit which may be asserted by any person, arising
in any respect, out of the COUNTY's negligent or intentional acts or omissions
related to performance of its work and studies undertaken under this MOU.
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C. The County Public Works Director is hereby declared to be the authorized COUNTY
representative in administering this MOU. The Town Public Works Director is
hereby declared to be the authorized TOWN representative in administering this
MOU. Either Party may change its designated representative by providing written
notice of the same to the other Party.
D. Miscellaneous:
1. Agreement Binding_ The terms and provisions of this MOU shall extend to and
be binding upon and inure to the benefit of the heirs, executors, and
administrators or to any approved successor, as well as to any assignee or legal
successor to any party to this MOU.
2. Merger: This writing is intended both as the final expression of the agreement
between PARTIES hereto with respect to the included terms and as a complete
and exclusive statement of the terms of the agreement, pursuant to Code of Civil
Procedure Section 1856. No modification of this agreement shall be effective
unless and until such modification is evidenced by a writing signed by both
PARTIES.
3. Cooperation: The PARTIES pledge cooperation during the completion of the
ANALYSIS necessary to evaluate the scope of work for operational
improvements.
4. No Third Party Beneficiaries: Nothing contained in this agreement shall be
construed to create and the PARTIES do not intend to create any rights in third
PARTIES.
5. Invalidity of Particular Provisions: If any term, covenant or condition of this MOU
or the application thereof to any person or circumstance is determined to be
invalid or unenforceable, the remainder of this MOU or the application of such
term, covenant or condition to persons or circumstances other than those as to
which it is held invalid or unenforceable, shall not be affected thereby, and each
term, covenant and condition of this MOU shall be valid and be enforced to the
fullest extent permitted by law.
6. No Waiver: The waiver by any Party of any default under this MOU shall not
operate as a waiver of any subsequent breach of the same or any other provision
of this MOU.
7. Time is of the Essence: Time is of the essence with respect to the performance
of every provision of this MOU for which time or performance is a factor.
8. Mediation:
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Page 5 of 6
A. Any dispute or claim in law or equity between the PARTIES arising out of
this MOU, if not resolved by informal negotiation between the PARTIES,
shall be mediated by the PARTIES. Mediation shall consist of an informal,
non-binding conference or conferences between the PARTIES and the
mediator jointly, then in separate caucuses wherein the judge will seek to
guide the PARTIES to a resolution of the case. The PARTIES shall agree
to a mutually acceptable mediator.
B. If mediation is unsuccessful, the PARTIES may f v iT the " ' of any
other remedies. �
9. Applicable Law: This MOU shall be construed and enforced in accordance with
the laws of the State of California.
10.No Presumption Regarding Drafter: The P ARTI ; ow4,dg r ® gee that
the terms and provisions of this MOU have been negotiated and discussed
between the PARTIES and their attorneys, and this MOU reflects their mutual
agreement regarding the same. Because of the nature of the negotiations, and
discussions it would be inappropriate to deem any Party to be the drafter of this
MOU. Therefore, no presumption for or against validity, or as to any
interpretation hereof, based upon the identity of the drafter, shall be applicable in
interpreting or enforcing this MOU.
11.Assistance of Counsel: Each Party to this MOU warrants as follows:
A. That each Party had the assistance of counsel in the negotiation for, and the
execution of, this MOU and all related documents; and
B. That each Party has lawfully authorized the execution of this MOU.
12.Section Headings: The section headings contained in this MOU are for
convenience and identification only and shall not be deemed to limit or define the
contents of the sections to which they relate.
13.Counterparts: This MOU may be executed in multiple counterparts each of
which shall be deemed an original MOU and all of which shall constitute one and
the same MOU.
14.Entire Agreement: This MOU contains the entire agreement between the
PARTIES regarding TOWN's and the COUNTY's collaboration on the completion
of the STUDIES to evaluate the feasibility of operational improvements.
15.Amendments: This MOU shall only be amended by an instrument in writing
executed by both PARTIES.
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IN WITNESS WHEREOF, the PARTIES hereto have executed this Memorandum of
Understanding by their duly authorized officers as of the day and year first above
written.
MARIN COUNTY BOARD TIBURON
OF SUPERVISORS
Press n , BMcr of Supervisors Town anager
ATTEST: ATTEST:
By: By: W-,(�(
DeputykQl6rk Town Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: iL By. y'
County Cot..j�eY�VV Attorney for the Town
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General Scope of Work
{ The project limits are on Tiburon Boulevard
1
(Highway 131) from just east of .North .Knoll
t Road to just west of the US 101 northbound
A/ on-ramp entrance. The project will perform
preliminary engineering for the addition of a
travel lane along with bicycle and pedestrian
improvements, while also analyzing intersection
geometric upgrades, signal modification, and
ADA enhancements as needed at the North
Redwood Frontage Road and Tiburon Boulevard
intersection.
VICINITY MA'
==Wly YO SCALE
COUNTY OF MARIN Exhibit "A"
DEPARTMENT OF PUBLIC WORKS MOU Scope of Work & Concept Plan
3501 CIVIC CENTER DRIVE, SAN RAFAEL, CA 94913 Tiburon Boulevard Traffic Flow Improvements
SCALE 1" = 120' PAGE NUMBER
APPROVED 20 0 120 240
7/21/17 RSB I RG 1 of 1
DATE DRAWN CHECKED