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PW City-County Joint HSIP Funding Agreement (unsigned)AGREEMENT COUNTY OF MARIN AND CITY OF SAN RAFAEL JOINT CYCLE 9 HIGHWAY SAFETY IMPROVEMENT PROGRAM SIGNALIZED INTERSECTION IMPROVEMENT PROJECT THIS AGREEMENT, made and entered into this day of 201_, 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, the purpose of the Highway Safety Improvement Program (HSIP) is to achieve a significant reduction in traffic fatalities and serious injuries on all public roads, including non - State -owned public roads and roads on tribal land; and WHEREAS, the HSIP is one of the core components of the federal transportation bill, "Fixing America's Surface Transportation Act (FAST)" (Section 148 of Title 23), enacted on December 4, 2015; and WHEREAS, HSIP funds are eligible for work on any public road that improves safety and twenty-eight eligible project categories were identified in FAST; and WHEREAS, COUNTY, in coordination with the Marin County Public Works Association and the eleven Marin County cities and towns, completed the 2018 Marin County Travel Safety Plan and Systemic Safety Analysis; and WHEREAS, COUNTY, in coordination with the Marin County Public Works Association and the eleven Marin County cities and towns applied for a HSIP Cycle 9 grant to install safety improvements at 51 signalized intersections through the Marin County region; and WHEREAS, based upon a review of existing and predicted fatal and serious injury collision locations, the grant application included proposed improvements at 51 signalized intersection improvement locations such as pedestrian countdown heads, pedestrian push buttons, 12" LED signal heads, signal head back -plates and advanced dilemma detection zones; and WHEREAS, the Marin County Joint Cycle 9 HSIP Signalized Intersection Improvement Project grant application was selected with a designated grant award of $2,800,300; and WHEREAS, both COUNTY and CITY are desirous of performing intersection improvements and related work within their respective jurisdictions; and WHEREAS, it is recognized that it would be advantageous to both COUNTY and CITY to complete their respective intersection improvements through a combined project (PROJECT) to be administered by COUNTY for work within each jurisdiction; and Page 1 of 5 LA-1—�5� WHEREAS, the same consultant for both CITY and COUNTY will prepare the plans specifications, and estimates, and shall provide construction management services for the PROJECT; and WHEREAS, the same contractor for both CITY and COUNTY will construct/install the proposed improvements as per the approved plans for the PROJECT; and WHEREAS, COUNTY shall be responsible for administering the Joint Cycle 9 HSIP Signalized Intersection Improvement Project grant and through the grant shall be responsible for the cost of administration, construction and construction management services for the portion of the Project that is within each of their respective jurisdictions; and WHEREAS, CITY shall be responsible for ongoing future maintenance for improvement completed within their jurisdiction once the improvements have been completed; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS CONTAINED HEREIN, the parties hereto do hereby agree as follows: A. COUNTY Shall: 1. Incorporate the plans and specifications, approved by all regulatory agencies, for CITY's intersection improvements and related work into COUNTY's own counterpart project. 2. Comply with the provisions of the Public Contracting Code, including advertising for bids, receiving and opening bids, and awarding a contract or rejecting all bids for the PROJECT to the lowest qualified bidder. 3. Have the right to reject all bids for the PROJECT. 4. Administer CITY's and COUNTY's portion of the construction contract and thereby provide services at COUNTY's sole discretion to include oversight of consultants, contractors, and accountings. 5. Be the liaison with the consultant preparing Plans, Specifications, and Estimate for both COUNTY's and CITY's portions of the PROJECT. 6. Be the liaison with the construction contractor and COUNTY will keep CITY updated with any changes within their jurisdiction. 7. Administer all Joint Cycle 9 HSIP Signalized Intersection Improvement Project Change Orders arising for work within COUNTY's and CITY's portion of the PROJECT. 8. Review Change Orders initiated by the Contractor for the work located within the portion of CITY PROJECT and confer with CITY to determine merit of requests for Change 2 of 5 Orders within CITY's portion of the PROJECT. County as administrator of the consultant contract shall make the final change order decision after conferring with the CITY. 9. Indemnify, defend and hold harmless CITY, its officers, agents and employees from and against any and all claims and losses whatsoever arising out of or connected with the COUNTY'S negligent performance of this Agreement by act or omission, or by willful misconduct, or by intentional failure to perform hereunder. B. CITY Shall: 1. Provide timely review of all proposed draft improvement plans and specifications. 2. Provide to COUNTY, prior to the bid, approval of the plans, specifications and estimates for the portion of the PROJECT within CITY's jurisdiction designed by a consultant as described in A.5, which will be incorporated in the bid documentation. All documentation shall comply with all appropriate, local, state and federal practices. 3. Provide timely review of all proposed Change Orders within CITY's portion of the PROJECT so that construction may progress without delay or additional cost, and provide in a timely manner a written Change Order recommendation (approval or disapproval) to COUNTY. 4. For Change Orders for which CITY recommends approval and for which COUNTY determines would not be funded by the Joint Cycle 9 HSIP Signalized Intersection Improvement Project funds, CITY agrees to pay for the Change Order within 30 days of an invoice from COUNTY. 5. Provide COUNTY a no -cost encroachment permit or other document to allow work on CITY facilities, to the satisfaction of the CITY. 6. Indemnify, defend and save harmless COUNTY, its officers, agents and employees from and against any and all claims and losses whatsoever arising out of or connected with the CITY'S negligent performance of this Agreement by act or omission, or by willful misconduct, or by intentional failure to perform hereunder. 7. Provide timely review of final punch list provided by COUNTY and provide final acceptance of work in CITY jurisdiction so that construction and project closeout may progress without delay. 8. Maintain all improvements within CITY jurisdiction in accordance with local, state and federal funding requirements and acknowledge and accept full control, ownership, and maintenance responsibility for the improvements located in CITY. 3 of 5 C. REPRESENTATIVES: Eric Miller, Principal Civil Engineer is the representative of COUNTY and will administer this Agreement for the COUNTY. Bill Guerin, Director of Public Works, is the authorized representative for CITY. Changes in designated representatives for either party shall occur only by advance written notice to the other party. D. MISCELLANEOUS 1. Any dispute or claim in law or equity between COUNTY and CITY arising out of this Agreement shall be resolved by formal negotiation between parties. If no resolution is achieved by formal negotiations an arbitrator mutually chosen and paid for by both parties shall arbitrate the dispute. 2. Should any part of this Agreement be declared unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decisions shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect; provided that the remainder of this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the parties. 3. Nothing contained in this Agreement shall be construed to create and the parties do not intend to create any rights in third parties. 4. This Agreement may be modified at any time by mutual consent of the parties hereto. 5. This Agreement is governed by the laws of the State of California. 4 of 5 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 CITY OF SAN RAFAEL By: .... _..... By: S � (:q N `G -p Director of Public Works Jim Schutz, City Manager ATTEST: By:. Lindsay Lara, City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: �G County Counsel Robert F. Epstein, City AUrnep 5 of 5 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Lauren Davini Extension: 3361 Contractor Name: Marin Co. and San Rafael Joint Cycle 9 Highway Safety Improvement Program Signalized Intersection Improvement Project Contractor's Contact: Carey Lando (415-473-5078) Contact's Email: clando@marincounty.org ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER y DEPARTMENT + + DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor N/A 5/22/2019 b. Email contract (in Word) and attachments to City Attorney c/o Laraine.Gittens@cityofsanrafael.org 5/15/2019 2 City Attorney a. Review, revise, and comment on draft agreement and return to Project Manager N/A b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor Click or tap ❑ 3 Department Director Approval of final agreement form to send to contractor to enter a _ clate. 4 Project Manager Forward three (3) originals of final agreement to Click here to ❑ contractor for their signature enter a date. 5 Project Manager When necessary, contractor -signed agreement ❑ N/A agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 5/20/2019 Date of City Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY Forward signed original agreements to City 6 Project Manager 5/22/19 Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed agreement Reviewandapprove insurance in PINS, and bonds 8 City Attorney City Manager/ Mayor for Public Works Contracts)/ Agreement executed by City Council authorized 9 City Clerk official b 10 Attest signatures, retains original agreement and forwards copies to Project Manager Le 13 ( q