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HomeMy WebLinkAboutReso 104-2002RESOLUTION NO. 104-2002 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN MATEO FOR THE RECONSTRUCTION OF DORADO WAY FROM COUNTRY CLUB DRIVE TO ALTA VISTA DRIVE AND CONSTITUTION WAY FROM TAYLOR DRIVE TO COUNTRY CLUB DRIVE IN THE COUNTRY CLUB PARK AREA OF UNINCORPORATED SAN MATEO COUNTY WHEREAS, staff recommends that City Council authorize the execution of an agreement with the County of San Mateo for the reconstruction of Dorado Way from County Club Drive to Alta Vista Drive and Constitution Way from Taylor Drive to Country Club Drive in the Country Club Park Area of unincorporated San Mateo County, as attached hereto as Exhibit A; and WHEREAS, the County will invoice the City upon completion of the work, funds in the amount of $5,500 will be appropriated in the Fiscal Year 2002-2003 Capital Improvement Program budget. NOW, THEREFORE,. BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes execution of an agreement with the County of San Mateo for the reconstruction of Dorado Way from Country Club Drive to Alta Vista Drive and Constitution Way from Taylor Drive to Country Club Drive in the Country Club Park Area of unincorporated San Mateo County. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 11th day of December 2002 by the following vote: AYES: Councilmembers Joseph A. Femekes and Raymond L. Green, Mayor Pro Tem Karyl Matsumoto and Mayor Pedro Gonzalez NOES: None. ABSTAIN: None. ABSENT: None. ATTEST: City Clerk'//I~ EXHIBIT A · _ NAL NRC:BEK:RO:DYS Form apProved by County Counsel, 2002 AGREEMENT AGREEMENT FOR ADJUSTING SANITARY SEWERS, FLUSHING INLET TO GRADE IN CONJUNCTION WITH THE RECONSTRUCTION OF DORADO WAY AND CONSTITUTION WAY IN THE UNINCORPORATED COUNTRY CLUB PARK AREA OF SOUTH SAN FRANCISCO Project No. RTG01 (F36 [179-2]) THIS AGREEMENT, made and entered into this day of ..' ,2002, by and between the COUNTY OF SAN MATEO, a political subdivision of the State of California, hereinafter called "County", and the CITY OF SOUTH SAN FRANCISCO, a municipal Corporation of the State of California, hereinafter called "City". 3~IINESSEItt: WHEREAS, the County is preparing to call for bids for the reconstruction of Dorado Way between Alta Vista Drive and Country Club Drive and Constitution Way between Country Club Drive and Taylor Drive; and WHEREAS, the City-owned four (4) sanitary sewer manholes and one (1) flushing inlet will require adjustment to the new grade of the aforementioned roads; WHEREAS, City has requested the County to include, in its reconstruction contract, .the -1- adjustment of said manholes and flushing inlet to grade; WIIEREAS, County will reconstruct a portion of existing curb, gutter and pavement within the City to conform to County's proposed reconstruction work. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The City grants the necessary permission to the County to do work within the City limits as herein described. 2. The County will include in its Contract for the above-described project, contract items for adjustment of sanitary sewer manholes and sanitary flushing inlet to grade. The work shall be completed by the County's Contractor. · . $. The County will award a contract to the lowest responsible biddei i'or the complete reconstruction project including the work described above for the roac~Way reconstruction work. 4. The County agrees to notify the City of the successful bidder to whom the construction contract is awarded. 5. The City agrees to reimburse County, on demand, the total cost incurred by the County for work on City sanitary sewer facilities, preparation of plans and specifications, project administration, construction management, contract Change Orders, and any other incidental expenses incUrred by the County; provided that said incidental expenses and overhead shall not exceed ten percent (10%) of the construction contract and Change Order costs for said work. The estimated cost for said work is $4,000 for all sanitary sewer facility adjustments. Any contract change orders on the City's portion of the construction work will be subject to the written approval by the City. It is understood that the total sum to be reimbursed to the County by the City shall be determined from the actual costs incurred by the County to adjust the City's sanitary sewer manholes and sanitary flushing inlet to grade in conjunction with the roadway reconstruction project. 6. County shall furnish primary construction inspection services for all phases of the project work. The Director of Public Works or his appointed representative shall be solely responsible for all phases of construction and inspection functions and liaison with the Project Contractor. In this regard, all communications and directions of the City to the County's Contractor shall be directed through the County representative. City representatives shall have access to the work on the City facilities at all times, and without restriction, for the purposes of inspection of such facilities. The County and City representatives shall cooperate and confer to · facilitate the performance of inspection duties incident to expeditious completion and acceptance · ;. 7. The City shall have the option to exclude the City's portion of work specified herein from the County's contract should the total estimated cost, including incidental and overhead expenses, exceed $4,500. 8. If the City elects to exercise said option to exclude the proposed roadway reconstruction within the City limits, the City shall notify the County in writing, within ten (10) working days from the County's notification of the lowest responsible bidder to whom the Contract will be recommended for award. If the City exercises their option to exclude said work, the County shall perform only the proposed work, which is within the County limits and will provide acceptable conforms between the City and County limits. 9. If the City elects to exercise said option to delete said work on its sanitary sewer distribution facilities included in the County's contract, the City shall notify the County in writing, within ten (1 O) working days from ihe County's notification of the lowest responsible of City's facilities. bidder to whom the Contract will be recommended for award. If the City exercises their option to eliminate this work the County shall cause said facilities to be referenced in the field prior to reconstruction such that said sanitary sewer manholes and sanitary flushing inlet may be adjusted by the City to the new grade of the recOnstructed road once the County has completed the reconstruction project. 10. Any acquisition of real property or rights-of-entry shall be the sole . responsibility of the City on its portions of the streets. 11. The City and County agree that upon completion, elimination, or abandonment of the work specified under this Agreement and acceptance thereof by City and County, ownership and maintenance responsibilities for the existing roadways and the ,~' · improvements installed and constructed hereto under this Agreement shall contifiue to vest in the City to the extent said improvements are located within the City limits. 12. It is also understood and the City agrees that upon completion of the work specified under this Agreement, City shall continue to have all ownership and maintenance responsibilities over the sanitary sewer lines, and all other sanitary sewer distribution facilities within the project limits. 13. The City and County agree that upon completion of the City's work specified under this Agreement and acceptance thereof by County and City, the total cost incurred by County for administration and construction of City's facilities, as described herein, shall be determined, and billed to City. Payment from City shall be due within thirty (30) days of the invoice date. 14. The County shall only accept the work accomplished within the limits of the City after receiving written approval from the City. City disapproval of County work shall only be for non-conformance with the County adopted project plans and specifications for the reconstruction of Dorado Way between Alta Vista Drive and Country Club Drive and to reconstruct Constitution Way between Country Club Drive and Taylor Drive. Said approval or disapproval, if any, by the City shall be provided so as not to cause the County to sustain any claims for delays from the Contractor. 15. City shall indemnify, defend, and hold harmless the County, its officers, agents, and employees from all claims, damages, suits or actions of every name, kind, and description, arising out of or relating to the matters covered by this Agreement to the extent that such claims, suits or actions are due to the negligence or willful misconduct of the City or the City's failure to perform obligations required of the City under this Agreement. Likewise, the County shall indemnify, defend, and hold haflnless 'the City, its officers, agents, and employees from all claims, damages, suits or actions of every name, kind, and description, arising out of or relating to the matters covered by this Agreement to the extent that such claims, suits or actions are due to the negligence or willful misconduct of the County or the County's failure to perform obligations required of the County under this Agreement. The duty to indemnify and hold harmless includes the duties to defend as set forth in Section 2778 of the California Civil Code. The County shall require the Contractor to name the City and the County, their officers, agents, and employees as additional insureds on all insurance documents for this project and to include all work performed on behalf of the City in the bonds, warranties and guaranties to be furnished by Contractor. The benefits arising under this Section 16 shall apply to the respective directors, officers, employees and agents of the parties hereto. 16. This Agreement shall be binding upon the respective successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands on the day and year first above written. "County" COUNTY OF SAN MATEO ATTEST: BY Jerry Hill, President Board of Supervisors, County of San Mateo County Manager / Clerk of the Board of Supervisors "City" CITY OF SOUTH SAN FRANCISCO BY City Manager, City of South San Francisco ATTEST: Clerk, City Council -6-