HomeMy WebLinkAboutResolution No. 6638 (San Pedro Road Repairs)RESOLUTION NO. 6638
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE SIGNING OF A JOINT EXERCISE OF POWERS
AGREEMENT WITH THE COUNTY OF MARIN FOR REPAIR TO PORTIONS
OF SAN PEDRO ROAD.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES
as follows:
The Mayor and City Clerk are authorized to execute, on
behalf of the City of San Rafael, a joint exercise of powers
agreement with the County of Marin for repairs to portions of San
Pedro Road, a copy of which is attached hereto, marked Exhibit "A",
and incorporated herein by this reference.
I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael,
California, hereby certify that the foregoing resolution was duly
and regularly introduced and adopted at a regular meeting of the
Council of said City hIed on the 6th day of September, 1983, by
the following vote, to wit:
AYES COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen &
Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
)J,.~ JE~ONCINI ; City Clerk
GNA
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JOINT EXERCISE OF POWERS AGREEMENT
WHEREAS, the COUNTY OF MARIN, a political subdivision of the
State of California, hereinafter referred to as "County", and the
CITY OF SAN RAFAEL, a municipal corporation of the State of
California, hereinafter referred to as "City", each being a
"public agency" within the meaning of Section 6500 of the
California Government Code, desire to enter into a Joint Exercise
of Powers Agreement pursuant to the provisions of Title I,
Division 7, Chapter 5 of the Government Code of the State of
California; and
WHEREAS, City desires to repair a portion of San Pedro Road
within City's jurisdiction, as described in the plans,
specifications and estimations, attached hereto as Exhibit "A"
and incorporated herein, which repairs will require the
realignment of a portion of San Pedro Road within County
jurisdiction that lies generally northerly of the City's portion;
and
WHEREAS, County will repair another section of San Pedro
Road, entirely within County jurisdiction, as described in the
plans, specifications, and estimations attached hereto as Exhibit
"8" and incorporated herein;
WHEREAS, the Federal Highway Administration has required City
and County to combine the two projects for bidding and
contracting purposes to remain eligible for storm damage relief
funding; and
WHEREAS, City has requested that County administer the Joint
Contract and provide certain services which County is able to
perform with its Staff;
NO~v, THEREFORE, THE P.:"RTIES DO HEREBY AGREE AS FOLLO\\lS:
1. The purpose of this Agreement is to provide for joint
nidding, contracting, and administration of the respective City
and County repair projects on those portions of San Pedro Road
shown on Exhibits "A" and "B" attached hereto and incorporated
herein.
copy
The projects will hereinafter be referred to as Project "A"
(City) and Project "B" (County).
2. County shall be the entity to administer and execute this
Agreement and shall possess all of the powers of County and City
that are required to effectuate the purpose of this Agreement.
3. Any property acquired or improved as the result of this
Joint Exercise of Powers Agreement shall belong to County if such
property or improvements are situated in the unincorporated area
of County and shall belong to City if such property and/or
improvements are located in the incorporated area of City.
4. County's Real Estate Division shall act as City's agent
for the purpose of acquiring rights-of-way for City's Project
"A", subject to the reimbursement and indemnity provisions
appearing hereinafter. In the event that eminent domain
proceedings or other legal actions relating to land acquisition
are necessary, City shall retain its own counsel to prosecute or
defend such actions.
5. City shall be responsible for all costs arising in
connection with its Project "A", including costs of realignment
of the roadway within County jurisdiction. County shall be
responsible for all costs arising in connection with its Project
"B". To implement this provision, the following terms shall
apply:
(A) RIGHT-QF-~AY ACQUISITION
Each entity shall be responsible for all costs of right-
of-way acquisitions arising out of the respective projects,
including the follo·.dng:
(1) Appraisers' fees.
( 2 ) Esc row fee s .
(3) Title report costs.
(4) Ti~e expended by personnel of the County's
Real Estate Division, to be computed in accordance with the
County Fee Schedule attached hereto as Exhibit "COl and
incorporated herein.
(5) Court costs and legal fees in connection with
institution of eminent domin or other legal actions when
necessary.
(6) Related costs paid to outside agencies, firms,
or persons.
(7) Payments to property owners.
(B) ENGINEERING
(1) Each entity will be responsible for
engineering costs, including the costs of time expended by their
own engineering personnel, on their own respective projects.
(a) To the extent that County's involvement
in this agreement requires expenditure of County engineering
personnel time on City's Project "A", then County shall be
reimbursed by City according to the Fee Schedule attached as
Exh i bi t "C".
(C) ADMINISTRATIO~
(I) County shall be reimbursed by City for all
time expended by its personnel for administration of the contract
to the extent that such administration is attributable to City's
project IIA".
(2) City shall supply to County sufficient plans,
specifications, and estimates to allow County to call for bids on
City's Project IIA" as a joint project with County's Project
IIBII. The bid documents shall call for a joint bid that states a
separate price for each respective project.
(3) County shall award a contract for the joint
project to the lowest responsible bidder. City or County may
withdraw from this Agreement at any time prior to the award of
the contract by County's Soard of Supervisors. If either entity
withdraws, this agreement shall terminate prospectively only and
shall reJr1ain in full force and effect as to all actions taken up
to termination. Upon withdrawal of one party, the other may
elect to proceed with its mm project to the extent such is
legally and factually possible.
(4) If the bid for ei ther project IIAII or 118 11
" -
exceeds the estimate for such project by 10%, then all bids for
such may be rejectd by the responsible entity. County shall not
award or contract on any project "A" bid that exceeds the
estimate by more than 10% without City's prior ap.proval.
(D) CONSTRUCTION
(1) Each entity shall be responsible for the
construction cost of its respective project, including any change
orders and contingencies.
(2) County will perform all construction
inspection functions for both Projects "A" and "B". City will
reimburse County for all time and costs incurred by County for
inspection of Project "A" in accordance with the Fee Schedule
attached hereto as Exhibit "C"o
(3) On project "A", County's inspector shall have
the authority to approve all changes costing less than $500.00.
All other changes shall receive prior approval by the City's
Director of Public ~-lorks.
(E) FINANC E
(1) As administrator of the contract, County will
disburse all payments to contractor for Projects "A" and "B".
(2) City shall deposit with County the contract
cost of Project "A", plus a 10% contingency fund, according to
the following schedule:
(a) Within 30 days of award of the
contract: 50%.
(b) Within 60 days of award of the
contract: 25%.
(c) Within 90 days of the award of the
contract: 25%.
(3) If the total cost of Project "A" exceeds the
contract cost plus the 10% contingency fund, County will notify
City of expected cost overruns. City shall remit to County the
specified amount of cost overrun within 30 days of such
notification.
(4) County shall be accountable for all funds
' ..
received by it and shall make written reports to City of all of
its receipts and disbursements in connection herewith. After the
completion of the purpose of this Agreement, any surplus money on
hand shall be returned in proportion to the contributions made
hereunder.
(5) County will periodically submit statements to
City for time and costs incurred by County with respect to
Project "A".
billi ng.
City will reimburse County within 30 days after
(6) Each entity will apply to Caltrans for
disaster relief funds for their own respective project.
6. Both parties agree to take any and all governmental
action necessary to achieve and effectuate the purposes of this
Agreeme nt.
7. (A) Neither County nor any officer or employee thereof
shall be responsible for any damage or liability occurring by
reason of anything done or omitted to be done by City under or in
connection with this Agreement and Project "A". It is also
understood and agreed that pursuant to Government Code, Section
~95.4, City shall fully inde~ify and hold harmless County from
any liability imposed for injury (as defined by Government Code,
Setion ~lO.H) occurring by reason of anything done or omitted to
be done by City under or in connection with Project "A". In
consideration of County's a]reernent to obtain right-of-way,
adITlinister and inspect Project "A", City agrees to indemnify,
hold harmless, and defend County against all claims, actions,
causes, or liabilities arising out of or in connection with
Project "A" arising from any cause whatsoever, including County's
o\.,.n negligence or omission.
(B) ~either Cit~;, nor any officer or employee thereof
is responsible for any da~age or liability occurring by reason of
anything oone or omitted to be done by County under or in
connection with Project "B". It is also understood and agreed
that, pursuant to Government Code, Section H95.4, County shall
fully inde mnify and hold City harmless from any liability imposed
for injury (as defined by Government Code, Section ~lO.8)
occurring by reason of anything done or omitted to be done by
County with Project "8".
(C) The parties acknowledge that claims for damages
have been filed against both City and County by JEROME and NOffi1A
~·1. DRAPER and the CALIFORNIA STATE AUTOMOBILE ASSOCIATION arising
out of a landslide in the vicinity of City's Project "A". This
Agreement is not intended, nor shall it be deemed, to affect the
rights and liabilities of the parties hereto with respect to said
alleged landslide and the claims arising therefrom.
~. This Agreement may be modified or terminated by
mutual consent of the parties hereto.
IN WITNESS THEREOF, the parties hereto have caused their duly
authorized representatives to execute the within Agreement on the
dates shown below:
ATTEST:
A'!'TEST:
~h~· Clerk ~
APPkOVED AS TO FO~~:
~ssistant City Attorney
San Rafael
COUNTY OF MARIN
CITY OF SAN RAFAEL