HomeMy WebLinkAboutReso - CC - 062-2011RESOLUTION NO. 62-2011
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE CITY OF MILLBRAE TO SHARE THE COST OF
RESURFACING FRONTERA WAY BETWEEN THE MILLBRAE CITY
BOUNDARY AND LOYOLA DRIVE
WHEREAS, the City has awarded a contract for resurfacing City streets for the
2011-2012 fiscal year and one of the streets designated for resurfacing is Frontes Way
which lies equally within the border of City and Millbrae; and
WHEREAS, after discussions between their Public Works Departments, the City
of Burlingame and the City of Millbrae have determined that it would be cost effective
and in the respective public interest of both cities to share the cost of resurfacing Frontera
Way' and
WHEREAS, the City and Millbrae seek to have their respective City Council's
agree to share the cost of resurfacing Frontera Way thereby making an efficient use of
public funds; and
WHEREAS, the City will include the resurfacing of Frontera Way to its street
resurfacing project for fiscal year 2011-2012 in exchange for Millbrae's agreement to
pay Burlingame for its one-half share of the cost of resurfacing Frontera Way;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
BURLINGAME DOES HEREBY RESOLVE AS FOLLOWS:
The City Council finds all of the above -recited facts to be true and hereby
approves and authorizes the City Manager to execute an Agreement with the City of
Millbrae for the resurfacing of that portion of Frontera Way within the City limits of the
City of Millbrae in exchange for Millbrae's payment of one-half the cost of said street
resurfacing, in a form as attached Exhibit "A".
Iv
Terry N gel, Mo or
I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify
that the foregoing resolution was introduced at a regular meeting of the City Council
held on the 6th day of September, 2011, and was adopted thereafter by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: BAYLOCK, BROWNRIGG, DEAL, KEIGHRAN, NAGEL
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
ary Ellen Kearney, City Clerk
AGREEMENT BETWEEN
THE CITY OF BURLINGAME AND THE CITY OF MILLBRAE
FOR SHARING THE COST OF RESURFACING FRONTERA WAY
THIS AGREEMENT is entered into this day of 2011, by
and between the City of Burlingame, herein called the "City", and the City of Millbrae, herein
called "Millbrae", for sharing the cost of the resurfacing of Frontera Way.
RECITALS
WHEREAS, the City has awarded a contract for resurfacing City streets for the 2011-
2012 fiscal year and one of the streets designated for resurfacing is Frontera Way which lies
equally within the border of City and Millbrae; and
WHEREAS, the City and Millbrae desire to share the cost of resurfacing Fontera Drive
in order to efficiently use public funds; and
WHEREAS. The City will include the resurfacing of Frontera Way to its street
resurfacing project for fiscal year 2011-2012 in exchange for Millbrae's payment to City of its
one-half share of the cost of resurfacing Frontera Way
AGREEMENTS
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
Duties of City of Burlingame
City will include the resurfacing of Frontera Way, including that portion of Frontera Way
located within the city limits of the City of Millbrae, in the City of Burlingame's 2011-2012
Street resurfacing program. City will cause its contractor to resurface Frontera way in
conformance to the plans and specifications contained in the resurfacing project contract
documents, Project No. 82760.
2. Duties of City of Millbrae
The City of Mill brae shall pay to the City of Burlingame $125,000.00 which is one-half
of the total cost of resurfacing Frontera Way ($250,000.00) as evidenced by the units prices and
quantities depicted in Attachment A. The total amount shall be due and payable to City of
Burlingame upon completion of the resurfacing of Frontera Way and within thirty (3 0) days of
City of Millbrae's receipt of written notice of completion of the resurfacing of Frontera Way.
Page 1 of 3
Project Manager.
The Project Manager for the City of Burlingame is Donald Chang and for the City of
Millbrae is Khee Lim.
4. Notices. Any notice required to be given shall be deemed to be duly and properly given
if mailed postage prepaid, and addressed to:
To Burlingame: Donald Chang, P.E., Sr. Civil Engineer
City of Burlingame
501 Primrose Road
Burlingame, CA 94010
To Millbrae: Khee Lim, P.E. Sr. Civil Engineer
City of Millbrae
Millbrae, CA 94030
or personally delivered to a party at such address or such other address as the party designates in
writing to the other party.
5. Indemnity.
The City of Burlingame shall indemnify, defend and hold harmless the City of Millbrae,
its officers, agents and employees from all claims, damages, suits or actions arising out of the
performance of this agreement to the extent such claims, suits or actions are due to the
negligence or willful misconduct of the City of Burlingame or its failure to perform obligations
required of it under this Agreement.
The City of Millbrae shall indemnify, defend and hold harmless the City of Burlingame,
its officers, agents and employees from all claims, damages, suits or actions arising out of the
performance of this agreement to the extent such claims, suits or actions are due to the
negligence or willful misconduct of the City of Millbrae or its failure to perform obligations
required of it under this Agreement.
6 Governing Law. This Agreement, regardless of where executed, shall be governed by
and construed to the laws of the State of California. Venue for any action regarding this
Agreement shall be in the Superior Court of the County of San Mateo or Santa Clara.
7. Amendment. No modification, waiver, mutual termination, or amendment of this
Agreement is effective unless made in writing and signed by the City and the Consultant.
Page 2 of 3
8 Entire Agreement. This Agreement constitutes the complete and exclusive statement of
the Agreement between the City and Consultant. No terms, conditions, understandings or
agreements purporting to modify or vary this Agreement, unless hereafter made in writing and
signed by the party to be bound, shall be binding on either party.
IN WITNESS WHEREOF, the City and Millbrae have executed this Agreement as of the
date indicated on page one (1).
City of Burlingame
Jim Nantell
City Manager
Approved as to form:
Gus Guinan, City Attorney
ATTEST:
Mary Ellen Kearney, City Clerk
City of Millbrae
City Manager
Approved as to form:
City Attorney
ATTEST:
Page 3 of 3
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