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.
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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
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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
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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