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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 · . 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