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HomeMy WebLinkAboutCC Resolution 12517 (St. Resurfacing; COM)RESOLUTION NO. 12517 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ENTER INTO AN AGREEMENT WITH THE COUNTY OF MARIN FOR A JOINT STREET RESURFACING PROJECT ON MARINA BLVD. WHEREAS, Marina Blvd. is located partially within the City of San Rafael and Marin County limits; and WHEREAS, the City of San Rafael and the County of Marin have developed plans to resurface Marina Blvd. and associated curb ramps; and WHEREAS, the City of San Rafael has provided input to the County staff regarding the design, staff responsibilities and construction hours of operation; and WHEREAS, the County of Marin Public Works Department will take the lead in this project, and perform Construction Management, Administration, and Inspection Services; and WHEREAS, the City of San Rafael will reimburse the County of Marin for our portion of the work; and WHEREAS, the agencies who are involved have collaborated to develop an Agreement to better define each party's responsibilities related to the construction of Marina Blvd. NOW, THEREFORE, IT IS HEREBY RESOLVED that the Council does hereby authorize the Public Works Director to execute the Agreement for the Street Resurfacing of Marina Blvd., a copy of which is hereby attached and by this reference made a part hereof. I, ESTIIER 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 held on the 16`h day of June, 2008, by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk File No.: 16.06.66 I AGREEMENT COUNTY OF MARIN AND CITY OF SAN RAFAEL 2008 JOINT RESURFACING PROJECT ON MARINA BLVD. THIS AGREEMENT, made and entered into this day of June 2008, 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 Marina Boulevard within their respective jurisdictions; and WHEREAS, it is recognized that it would be advantageous to the City and County to complete their respective portions of the resurfacing via a combination project (PROJECT) to be jointly administered for work within each jurisdiction by the County and the City; and WHEREAS, the County has prepared the plans, specifications and estimates, and shall be providing construction management services for the PROJECT; and WHEREAS, the City and the County shall be responsible for the administration services and construction costs for the PROJECT within each of their respective jurisdictions; and WHEREAS, the County shall be responsible for the design, construction, and construction management services of the project within both jurisdictions; and WHEREAS, both the City and County agree to process and administer separately all necessary contract documentation required by other agencies, such as the State of California, prior to and after the construction operation. The County in agreeing to administer this PROJECT is not responsible for processing the documentation for the City; and 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, for resurfacing both the City and County portions of Marina Boulevard and related work into the PROJECT. 2. Comply with the provisions of the Public Contracting Code, including advertising for bids, receiving and open bids, and awarding a contract or rejecting all bids for the PROJECT to the lowest qualified bidder as determined by the Base Bid. Before awarding a contract, the County shall consult with the City regarding the bids. 3. Have the right to reject all bids for the PROJECT. 4. Administer the County's portion of 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. County staff administration, coordination costs and construction costs associated with the City's work will be forwarded to the City at the conclusion of the project. Page 1 of 3 5. Be responsible for providing construction management for the City's portion of the PROJECT located within the City jurisdiction portion of the PROJECT, including inspections to assure compliance with the plans and specifications for the City jurisdiction portion of the PROJECT. All costs associated with providing this construction management service shall be reimbursed by the City. 6. On a monthly basis, receive from the construction contractor, and verify, a "Progress Payment" billing, which shall define the work performed for the City during that monthly period. County shall forward a copy of each "Progress Payment" billing to the City, for approval or disapproval, which shall made in writing by the City to the County within 10 days of receipt of the "Progress Payment" billing. After conclusion of the PROJECT, County will forward a Final Invoice to City for direct payment to the County. 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 keep the City updated of any changes within their jurisdiction. 9. Administer all Change Orders arising for work within the County's portion of the PROJECT. B. City Shall: 1. Review the design as developed by the County and incorporated into the PROJECT. 2. Be responsible for all approved Change Orders and payment thereof for the work located within the City's jurisdiction. 3. Pay the County, all construction costs due the construction contractor for the City's share of the PROJECT work pursuant to the "Progress Payment" submitted and recommended for payment, by the County. Said construction costs shall be (1) asphalt concrete costs to be calculated as 50% of the total asphalt concrete tonnage for Marina Boulevard multiplied by the asphalt concrete tonnage rate specified in the construction contractor's bid, (2) pavement grinding costs to be calculated as the pavement grinding square footage within the City jurisdiction portion of the PROJECT multiplied by the pavement grinding rate specified in the construction contractor's bid, (3) curb ramp costs to be calculated as the number of curb ramps within the City jurisdiction portion of the PROJECT multiplied by the cost per ramp specified in the construction contractor's bid, (4) temporary curb ramp costs to be calculated as the number of temporary curb ramps within the City jurisdiction portion of the PROJECT multiplied by the cost per temporary curb ramp specified in the construction contractor's bid, and (5) costs for Signs & Traffic Control and Clearing & Grubbing to be calculated as 16% of the lump sum amount for such work as specified in the construction contractor's bid. 4. At the conclusion of the PROJECT, pay the County all County staff design, construction administration and construction management costs for work within the City's jurisdiction within 30 days of receipt of written notification from the County. The said cost is equal to fifteen percent (15%) of the City's portion of the construction contract cost. 5. 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 2 of 3 of City, its agents, employees, or representatives, in connection with City's performance of duties under this Agreement. 7. Administer all Change Orders arising for work within the City's portion of the PROJECT. Ernest Klock, County's Principal Civil Engineer is the representatives of the County and will administer this Agreement for the County. Andrew J. Preston, 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. 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. 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_ 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 APPROVED AS TO FORM: By: Attorney for the County 3 of 3 CITY OF SAN RAFAEL By: Andrew J. Preston, Director of Public Works ATTEST: By: Esther Beirne, City Clerk APPROVED AS TO FORM: By: Rob Epstein, City Attorney