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HomeMy WebLinkAboutCC Resolution 13679 (COM MOU Resurface Pt. San Pedro)RESOLUTION NO. 13679 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE MEMORANDUM OF UNDERSTANDING WITII THE COUNTY OF MARIN FOR THE RESURFACING OF POINT SAN PEDRO ROAD FROM UNION STREET TO SAN RAFAEL QUARRY ENTRANCE WHEREAS, the City of San Rafael and the County of Marin desire to resurface Point San Pedro road from the San Rafael Quarry entrance to Union Street in San Rafael; and WHEREAS, a Memo of Understanding has been developed which details both the County of Marin and the City of San Rafael's responsibilities in association with the resurfacing of Point San Pedro Road.; and WHEREAS, the City of San Rafael is willing to fiscally contribute to the resurfacing of Point San Pedro Road; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael that it approves and authorizes the Mayor to execute the attached Memorandum of Understanding ("Exhibit A"), and authorizes the Public Works Director to take all necessary actions in connection with this Memorandum of Understanding. I, ESTHER C. BEIRNE, 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 the 18th day of February, 2014, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk COUNTY OF MARIN Robert Beaumont DIRECTOR Administration PO Box 4186 San Rafael, CA 94913-4186 415 473 6528 T 415 473 3799 F 415 473 3232 TTY CRS Dial 711 www.marincounty.org/pw Accounting Airport Building Maintenance Capital Projects Certified Unified Program Agency (CUPA) Communications Maintenance County Garage Disability Access Engineering & Survey Flood Control & Water Resources Land Development Purchasing Real Estate Reprographic Services Road Maintenance Stormwater Program Transportation & Traffic Operations Waste Management DEPARTMENT OF PUBLI ..... WORKS ........... I ............ I ............... . ....... :-' ........................................ ....................... People serving people. March 25, 2014 Marin County Board of Supervisors 3501 Civic Center Drive San Rafael, CA 94903 SUBJECT: Project Memorandum of Agreement with City of San Rafael for the Point San Pedro Road Improvements Project County Project No. 2010-17 Dear Board Members: RECOMMENDATIONS: Authorize the President to execute the agreement. SUMMARY: The project consists of resurfacing Point San Pedro Road from 150' east of Union Street to 650' east of Riviera Drive which spans both City of San Rafael and County of Marin jurisdictions. This Memorandum of Agreement sets forth the responsibilities of each agency during construction. In order to facilitate construction operations in both jurisdictions, the County of Marin will act as the lead agency in managing the project. This includes administration of the construction contract, construction management and inspection services, and negotiation of contract change orders if required. FISCAL IMPACT: This project is funded by current allocations in the 2011-2015 Road and Bridge Rehabilitation Program. Funding for this project has been approved by your Board and is available in current year Road & Bridge Rehab. Fund No. 27020, Fund Center No. 4100991027. Additional funds in the amount of $518,358.90 from the City of San Rafael were appropriated for this project at the February 25, 2014 meeting. The City of San Rafael also financed the test paving section from the Quarry entrance to Riviera Drive at a cost of $106,641.08, for a total contribution of $625,000. REVIEWED BY: [X] Department of Finance N/A [X] County Counsel N/A [ ] Human Resources [X] N/A Respectfully submitted, Ernest Klock Principal Civil Engineer Attachments c: Accounting, Qiana Davis m %10 ptoyectslprojects=10-17 point san pedro road resurfacing project1designW-agreements board letters1bos letter execute agreement doc /1 A 06 r- AGREEMENT COUNTY OF MARIN AND CITY OF SAN RAFAEL POINT SAN PEDRO ROAD RESURFACING THIS AGREEMENT is made and entered into this 95 qday of MaR 2014, 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 utilizing the asphalt concrete material and asphalt concrete grindings disposal credits stated in the Surface Mining and Quarrying Permit #Q 71-03 to improve Point San Pedro Road between Union Street and the entrance to the Dutra Materials Rock Quarry within Marin County, hereinafter referred to as "PROJECT"; and WHEREAS, the PROJECT is located within Marin County, including portions of both the City of San Rafael and unincorporated areas; and WHEREAS, it is recognized that it would be advantageous to both the COUNTY and the CITY to have one jurisdiction take the lead with respect to design and construction of the PROJECT, and that the COUNTY is best positioned to be the lead agency for the PROJECT; and WHEREAS, the COUNTY, with approval from the CITY, will prepare the plans, specifications and estimates, advertise, open bids, award and shall provide construction management services for the PROJECT; and WHEREAS, the COUNTY shall be responsible for the administration services, design and construction management for the PROJECT within both of the respective jurisdictions; and WHEREAS, the PROJECT consists of the installation of curb ramps at corners of intersections that do not meet current ADA standards, minor drainage improvements, asphalt grinding, a one inch thick layer of open graded bonded wearing course asphalt to cover the entire limits of the PROJECT roadway, asphalt concrete dig -out repairs at severe localized road failures to be agreed upon in a walk through between the CITY and COUNTY staff; and an additional one and one-half inch thick full width asphalt road repairs along sections of roadway in poor condition as shown on the plans and approved by the City; and WHEREAS, the project includes the installation of striping to accommodate a class Il bike path where feasible along the majority of the project limits on both sides of Point San Pedro Road; and WHEREAS, the total cost of the PROJECT including design and construction management and construction cost is estimated to be $2,700,000; and both the CITY and COUNTY shall contribute funding for the PROJECT; and WHEREAS, Dutra Material Rock Quarry will contribute open graded asphalt per the Surface Mining and Quarrying permit #Q 71-03 with an original amount based on 12,000 tons to be adjusted per the ENR Bay Area Caltrans asphaltic oil index, which is estimated to be valued at $950,000; and WHEREAS, both the CITY and COUNTY agree to process and administer separately all necessary contract documentation required by other agencies if any, prior to and after the construction operation. The COUNTY, in agreeing to administer this PROJECT, is not responsible for processing such documentation for the CITY; Page 1 of 4 NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS CONTAINED HE, the parties hereto do hereby agree as follows: A. COUNTY shall: I. Contribute goods and services in a total amount valued at $1,125,000 for its portion of the PROJECT, which consists of staff costs for the design, administration costs, construction management costs, and construction costs; 2. Generate the road resurfacing plans and specifications which utilize open graded asphalt concrete as the surface course in both the CITY and COUNTY portions of the PROJECT; incorporating the CITY's comments and recommendations into the design; 3. Comply with the provisions of the Public Contracting Code including advertising for bids, receiving and opening bids, and awarding a contract to the lowest responsive and responsible bidder as determined by the Base Bid or rejecting all bids for the PROJECT; 4. Have the right to reject all bids for the PROJECT following discussion with the CITY; 5. Administer the construction contract and thereby provide services at the COUNTY's discretion to include, but not be limited to, contract management, accounting, and final acceptance. All COUNTY staff administration costs, coordination costs, design costs, and construction management costs associated with the PROJECT will be the responsibility of the COUNTY and are reflected in paragraph No. 1, above; 6. Be responsible for providing construction management for the PROJECT located within the CITY's jurisdiction, including inspections to assure compliance with the plans and specifications. All costs associated with providing this construction management service shall be the responsibility of the COUNTY and are reflected in paragraph No. 1, above; 7. Indemnify, defend and hold CITY, its officers, agents, employees and volunteers harmless against any liability to the extent caused by the negligent or intentional acts, errors or omissions of COUNTY, its agents, employees, or representatives, in connection with COUNTY's performance of duties under this Agreement; 8. The COUNTY will be the liaison with the construction contractor and will notify the CITY of any changes to the contract within its jurisdiction. The COUNTY shall discuss all changes to the PROJECT with the CITY and the CITY shall have the right to modify any such changes within its jurisdiction prior to implementation; 9. Administer all Change Orders arising for work for the PROJECT; however, the CITY shall have the right to modify any such change within its jurisdiction prior to implementation; and 10. Provide the CITY with an As -Built plan for the PROJECT which details all changes and modifications made to the PROJECT prior to the final acceptance of the PROJECT. 2 of 4 B. CITY shall: 1. By entering into this Agreement confirm that it has financed the test paving section installed from the Quarry entrance to Riviera Drive at a cost of $106,641.08; 2. Contribute, in addition to that already spent as noted in paragraph No. 1 a total of $518,358.92 towards the construction cost of the PROJECT and transfer such funds to COUNTY after the approval of the plans by the City; 3. Review the design as developed by the COUNTY and provide comments to be incorporated into the PROJECT; 4. Within CITY jurisdiction, be responsible for verifying that all improvements as designed are located on property either owned by the CITY, or located in the public right-of-way or easement in control of the CITY; 5. Prior to issuance of the Notice of Completion, review the construction with the COUNTY to verify that the work installed is in substantial compliance with the original plan and any changes that may have occurred during construction; 6. Upon favorable review of the PROJECT by the CITY and issuance of the PROJECT Notice of Completion, accept in writing ownership and control of all the improvements and facilities in its jurisdiction and be responsible for all future maintenance of said facilities; and 7. Indemnify, defend and hold COUNTY, its officers, agents, employees and volunteers harmless against any liability to the extent caused by the negligent or intentional acts, errors or omissions of CITY, its agents, employees, or representatives, in connection with CITY's performance of duties under this Agreement. C. COUNTY's Director of Public Works is the authorized representative for the COUNTY and will administer this Agreement for the COUNTY. Nader Mansourian, Director of Public Works, is the authorized representative for the CITY. Changes in designated representatives for either party shall occur only by advance written notice to the other party. D. The duties 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. Any dispute or claim in law or equity between the 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 by both parties, shall arbitrate the dispute. Arbitration shall be binding on both parties with no right of appeal and each party shall bear its own costs, including attorney's fees. If the parties cannot agree upon an arbitrator, the parties shall seek appointment of an arbitrator by the Presiding Judge of the Marin County Courts or by another third party agreed upon by the parties. E. This Agreement may be modified at any time in writing by mutual consent of the parties hereto. 3 of 4 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: 4�� jt"g�4 Y Pre/dent, Board of Supervisors ATTEST: By: Dep Clerk of Boa 6f Su a visors APPROVED AS TO FORM: By: Attorney for the'pounty 4 of 4 CITY OF SAN RAFAEL By. , Mayor, City of San Rafael ATTEST: By: h'syR . City Clerk APPROVED AS TO FORM: LBY a -•-- Attorney for the City RESOLUTION NO. 13679 A RESOLUTION AUTIIORIZING THE MAYOR TO SIGN THE MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF MARIN FOR THE RESURFACING OF POINT SAN PEDRO ROAD FROM UNION STREET TO SAN RAFAEL QUARRY ENTRANCE WHEREAS, the City of San Rafael and the County of Marin desire to resurface Point San Pedro road from the San Rafael Quarry entrance to Union Street in San Rafael; and WHEREAS, a Memo of Understanding has been developed which details both the County of Marin and the City of San Rafael's responsibilities in association with the resurfacing of Point San Pedro Road.; and WHEREAS, the City of San Rafael is willing to fiscally contribute to the resurfacing of Point San Pedro Road; and NOW, TIIEREFORE, BE IT RESOLVED by the Council of the City of San Rafael that it approves and authorizes the Mayor to execute the attached Memorandum of Understanding ("Exhibit A"), and authorizes the Public Works Director to take all necessary actions in connection with this Memorandum of Understanding. I, ESTHER C. BEIRNE, 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 the 18th day of February, 2014, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk