RESOLUTION NO. 22-88
Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Reimbursement Agreement With Emery Cove Marina Condominium Association For The Purpose Of Dredging The Shared Access Channel
WHEREAS, the City and Emery Cove Marina Condominium Association have agreed to equally share the costs to maintain the navigation channel to the Emeryville Marina pursuant to the agreement executed with the Association’s predecessor, Geodon Inc., on April 8, 1981 as set forth in Exhibit A; and
WHEREAS, Emery Cove Marina Condominium Association and the City are in the process of applying for permits necessary to perform Maintenance Dredging of the Emeryville Navigation Channel ("Project"); and
WHEREAS, it is expected that all Project permits will be issued by June 2022, and that dredging can begin between July 2022 and November 2022; and WHEREAS, Emery Cove Marina Condominium Association has taken the lead role of contracting with Project consultants and paying for Project permits estimates invoices totaling $230,557 through November 2022 as detailed in the underlined items Exhibit B; and
WHEREAS, Emery Cove Marina Condominium Association plans to solicit proposals for the Project and to manage the selected contractor; and
WHEREAS, it is estimated that the total costs of the Project will be $1,715,557 as shown in Exhibit B, and thus the City’s estimated share of the Project cost is $857,778.50; and
WHEREAS, The Plans and Specifications shall include provisions for the Contractor to pay State prevailing wage rates, to provide a Performance Bond for 100 percent of the contract amount as well as a Payment Bond for 100 percent of the contact amount, to provide an indemnification and proof of insurance, and to obtain a City of Emeryville Business license; and
WHEREAS, there is adequate budget in Funds 495 within CIP Project No. 19495003 to complete the project; and
WHEREAS, the City and Emery Cove Marina Condominium Association desire to establish execute a reimbursement agreement which governs, among other things, a joint escrow account into which the City and Emery Cove Marina Condominium Association can deposit their respective share of the Project costs and from which payments for the Project can be made; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Emeryville that the City Manager is authorized to execute a reimbursement agreement with Emery Cove DocuSign Envelope ID: 6BD74661-3DAC-43DA-82E9-F37AF7482A8A Resolution No. 22-88
Marina Dredging Reimbursement Agreement
City Council Meeting | July 5, 2022
Marina Condominium Association for the purpose of dredging the shared access channel; and, be it, further
RESOLVED, by the City Council of the City of Emeryville that the City Manager is authorized to open a joint escrow account with Emery Cove for the purpose of sharing costs as part of the aforementioned reimbursement agreement.
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, July 5, 2022, by the following vote:
AYES: 5
Mayor Bauters, Vice Mayor Medina and Council Members Donahue, Martinez and Welch
NOES: 0
ABSTAIN: 0
ABSENT: 0
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
ATTACHMENTS
Exhibit A – City of Emeryville and Emery Cove Reimbursement Agreement DocuSign Envelope ID: 6BD74661-3DAC-43DA-82E9-F37AF7482A8A Exhibit
A
DocuSign Envelope ID: DDB5387D-5037-425B-8F4B-F6C46B2862B5 DocuSign Envelope ID: 6BD74661-3DAC-43DA-82E9-F37AF7482A8A DocuSign Envelope ID: DDB5387D-5037-425B-8F4B-F6C46B2862B5 DocuSign Envelope ID: 6BD74661-3DAC-43DA-82E9-F37AF7482A8A DocuSign Envelope ID: DDB5387D-5037-425B-8F4B-F6C46B2862B5 DocuSign Envelope ID: 6BD74661-3DAC-43DA-82E9-F37AF7482A8A DocuSign Envelope ID: DDB5387D-5037-425B-8F4B-F6C46B2862B5 DocuSign Envelope ID: 6BD74661-3DAC-43DA-82E9-F37AF7482A8A DocuSign Envelope ID: DDB5387D-5037-425B-8F4B-F6C46B2862B5 DocuSign Envelope ID: 6BD74661-3DAC-43DA-82E9-F37AF7482A8A