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HomeMy WebLinkAboutCC Resolution 10871 (Pave Margarita Drive)RESOLUTION NO. 10871 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY TO ENTER INTO A JOINT AGREEMENT WITH THE COUNTY OF MARIN FOR PAVING MARGARITA DRIVE AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, Margarita Drive contains various portions of both City of San Rafael and County of Marin jurisdictions; and WHEREAS, Margarita Drive is in need of resurfacing; and WHEREAS, it is advantageous to resurface Margarita Drive in its entirety in one continuous paving process; and WHEREAS, County staff has prepared the plans and specifications to perform paving on Margarita Drive within the City as part of the County's "2001 Resurfacing Program" Project; and WHEREAS, an Agreement has been prepared between the City and the County for this purpose in a form to be approved by the City Attorney's office; NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Rafael approve the Agreement between the County of Marin and the City of San Rafael for paving Margarita Drive; and BE IT FURTHER RESOLVED that the City Manager be authorized to execute the Agreement; and BE IT FURTHER RESOLVED that the Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Monday, the 2nd day of July, 2001, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE E M. LEONCINI, City Clerk File No.: 16.06.53 AGREEMENT COUNTY OF MARIN AND CITY OF SAN RAFAEL 2001 JOINT RESURFACING AND DRAINAGE PROJECTS THIS AGREEMENT, made and entered into this day of October 2001, by and between the COUNTY OF MARIN, hereinafter referred to as "County" and the CITY OF SAN RAFAEL, hereinafter referred to as "City," both of the State of California; WITNESSETH: WHEREAS, both the County and the City are desirous of performing resurfacing and related work on Margarita Drive within their respective jurisdictions; and WHEREAS, the County staff has prepared the plans and specifications to perform paving on Margarita Drive within the City; and WHEREAS, it is recognized that it would be advantageous to both County and City to complete their respective portions of resurfacing and drainage work via a combination project (PROJECT) to be administered by the County; and NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS CONTAINED HEREIN, the parties hereto do hereby agree as follows: A. County Shall: Incorporate the plans and specifications for the City's resurfacing and related work into the County's own counterpart project. 2. Advertise for and receive Bids and award a contract for the PROJECT to the lowest qualified bidder. Administer the contract and thereby provide services at the County's discretion to include, but not be limited to, contract management, accounting, and inspection, surveying and final acceptance, pursuant to the City's concurrence. 4. On a monthly basis, receive from the Contractor, and verify, a "Progress Payment" billing which defines the work performed for the City during that monthly period and the applicable payment due the contractor from the City. After verification County will forward the billing to City for payment to Contractor. 5. Indemnify, defend and hold City, its officers, agents, employees and volunteers harmless against any liability to the extent caused by the negligent or intentional errors or omissions of County, its agents, employees, or representatives, in connection with County's performance of duties under this Agreement. The County's engineering staff shall forward all Change Orders to the City for approval prior to implementation. B. City Shall: 1. Agree to make available to the County a 10% contingency based on the amount bid for San Rafael's portion of resurfacing. 2. Pay on a monthly basis all construction costs due the Contractor for the City's share of the project work pursuant to the monthly "Progress Payment" submitted and recommended for payment, by the County, but in no event, an aggregate amount in excess of $50,000.00. 3. Upon completion of City's portion of the contract work, and receipt of billing for engineering costs associated with the PROJECT, reimburse the County within 30 days of said. 4. Indemnify, defend and hold COUNTY, its officers, agents and employee harmless against any liability to the extent caused by the negligent or intentional errors or omissions of CITY, its agents, employees or volunteers, in connection with CITY's performance of duties under this Agreement. CITY firrther agrees to indemnify defend and hold COUNTY, its officers, agents and employees harmless against any liability or cause of action arising from the condition or design of Margarita Drive or its drainage facilities, lying within CITY's jurisdiction, whether such liability or cause of action is stated as negligence, trespass, inverse condemnation, dangerous condition of public property, nuisance or any other action at law or equity, excepting only liability arising from the sole negligence of'COUNTY. " Kevin McGowan and Reuel Brady, County's Senior Civil Engineer and Associate Civil Engineer, are the representatives of the County and will administer this Agreement for the County. Dave Bernardi, City Engineer, is the authorized representative for City. Changes in designated representatives for either party shall occur only by advance written notice to the other party. The duty of both the County and the City to each indemnify and hold harmless as set forth herein shall include the duty to defend as set forth in Civil Code Section 2778. THIS AGREEMENT may be modified at any time by mutual consent of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers as of the day and year first above written. COUNTY OF MARIN By: President, Board of Supervisors ATTEST: By: Deputy Clerk of Board of Supervisors CITY OF SAN RAFAEL By: City Manager ATTEST: By: t—y -Clerk _ APPROVED AS TO FORM: APPRO A' M: By: By: _ Attorney for the County Attorney forle City KN4 jt:f: cp roads plans&specs 2001 projects ccr897 resurfacing progari sanrafaelagreement 092901 doc