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