Cost Share Agreement –Humboldt Street Paving
COST SHARING AGREEMENT BY AND BETWEEN THE CITY OF BURLINGAME
AND THE CITY OF SAN MATEO FOR PAVING OF HUMBOLDT STREET IN CONJUNCTION WITH THE CITY OF BURLINGAME’S
2025 STREET RESURFACING PROJECT
This Cost Sharing Agreement for the pa ving of Humboldt St reet in conjunction with the City of Burlingame’s 2025 Str eet Resurfacing Project, Project No. 86970 (“Agreement”) is entered into by and among the CITY OF BURLINGAME, a municipal corporation in the County of San Mateo, State of California , hereinafter called “Burlingame”, and the CITY OF SAN MATEO, a municipal corporation in the County of San Mateo, State of Califo rnia, hereinafter called “ San Mateo ” (each a “ Party” and collectively the “Parties”), and is made effective as of _________________, 2025 and is based on the following:
RECITALS
WHEREAS, the Parties desire to enter into an agreement to provide for the allocation of costs for the construction and construction management of street resurfacing on Humboldt Street (between Rollins Road a nd Peninsula Avenue), including staff costs, in conjunction with the City of Burlingame’s 2025 Street Resurfacing Project, Project No. 86970 (“ Project”), as further described below, and to establish the roles and responsibilities of the Parties for completion of construction and construction management, and to enter into this Agreement to establish the terms, conditions, and obligations thereon; and,
WHEREAS, certain elements incorporated into the Project may provide benefit to only one of the Parties to this Agreement and each Party agrees to pay the full costs of any element(s) which is/are to its sole benefit and to share the cost of those elements that are of mutual benefit to the Parties; and,
Cost Share Agreement –Humboldt Street Paving
WHEREAS, the portions of the Project of interest to San Mateo are shown on Exhibit “A”, attached to and incorporated into this Agreement by this reference; and,
WHEREAS, a detailed estimate of costs for construction, construction management, and design are shown on Exhibit “B”, attached to and incorporated into this Agreement by this reference.
AGREEMENT
NOW, THEREFORE, based terms and conditions set forth herein, IT IS HEREBY AGREED by and between Burlingame and San Mateo as follows:
Section 1. Recitals.
The foregoing Recitals are true and correct and incorporated into this Agreement by reference.
Section 2. Definitions.
The following definitions apply to terms used in this Agreement:
“Line-Specific Costs ” means the actual cost of materi als, labor and all associated incidentals to construct the improvements on Humboldt Street, including the billings of the contractor and any consultants.
“Shared Costs” means the costs of labor and materials that are for the mutual benefit of the Parties including mobilizati on, storm water control, traffi c control, and construction inspection.
“Project Costs” includes all costs incurred by the Lead Agency specifically to implement and complete construction of the Project, including constr uction contractor costs and consultant construction inspection. In addition, Project Costs include any liability the Lead
Cost Share Agreement –Humboldt Street Paving
Agency incurs in prosecuting the Project and any claims adjusting, claims investigation, and costs incurred in defending claims (inclu ding reasonable attorney’s fees) brought by any contractor or third party for damages arising out of the prosecution of the Project.
“Lead Agency ” means the agency responsible fo r performance of tasks required to implement and complete construction of the Pr oject, or a portion thereo f, on behalf of all Parties, including tasks such as obtaining and overseeing construc tion contractors and professional services. Burlingame shall be the Lead Agency for the Project.
Section 3. City of Burlingame 2025 Street Resurfacing Project.
Burlingame performs an annual Street Resurfacing Project on various roadways in need of repair or treatment. Humboldt Street (between Rollins Road and Peninsula Avenue) is scheduled for resurfacing during the 2025 Street Resurfacing Project and has been selected for a mill and overlay treatment with pavement section repairs. This portion of Humboldt Street between Rollins Road and Peninsula Avenue is half within the jurisdictional boundary of Burlingame and half within th e jurisdictional boundary of San Mateo. In addition, striping improvements will be made in conformance with Caltrans Standard Specifications and Standard Details.
The improvements are shown on E xhibit “A”, and estimated costs associated with this construction are shown on Exhibit “B”.
Section 4. Party Responsibilities.
A. As Lead Agency, Burlingame will prepare bid documents, conduct the public bidding process, award th e contract for the Project, and cause the Project to be constructed, all in compliance with applicable law. Burlingame will be the primary contact with the contractor who is awarded the contra ct, subject to San Mateo’s right to initiate change orders or other reasona ble directives with respect to San Mateo’s line-specific work. To the furthest extent permitted by law, Burlingame shall issue a categorical
Cost Share Agreement –Humboldt Street Paving
exemption for the Project pursuant to Public Resources Code § 21000 et seq. and California Code of Regulations, Title 14, Sections 15000 et seq. (collectively, “CEQA”). Burlingame shall include, in its contract with the contractor on the Project, a requirement that the contractor include San Mateo, its officials, officers, employees and agents as additional insureds and indemnify, defe nd, and hold harmless San Mateo, its officials, officers, employees and agents from a ny liability, claims, demands, su its or actions which may be made by any person resulting from the Project.
B. San Mateo shall review the design documents, bid documents and contract to be awarded. Upon opening of the bids, Sa n Mateo may decline to participate in the Project if costs exceed San Mateo’s expectations and may terminate this Agreement, with at least five (5) business days’ written notice to Burlingame. In the event of termination, San Mateo shall be responsible for its Line-S pecific Costs which were incurred prior to termination. This Agreement is subject to San Mateo obtaining authorization from its City Council for the Expenditure Limit as defined in Section 5(C) below. San Mateo shall issue any categorical exemption or other CEQA notice which San Mateo may determine to be required for its line-specific work in addition to the categorical exemption noted in Section 4(A) above.
Section 5. Financia l Participation.
A. Burlingame and San Mate o shall each be responsible for the independent funding of their respective portions of the Project Costs.
B. Each Party shall pay its own Line-Speci fic Costs, which are estimated in Exhibit “B.” In addition, Burlingame and San Mateo shall pay Shar ed Costs as identified in this Agreement and on Exhibit “B.” However, Burlingame and San Mateo understand and agree that the amounts in Exhibit “B’ are estimates and that actual, total amounts will be unknown until the Project is completed. It is understood that the total sum to be reimbursed to Burlingame by San Mateo shall be determined from the Project Costs reasonably incurred by Burlingame to construct those certain improvements on behalf of San Mateo
Cost Share Agreement –Humboldt Street Paving
that do not exceed the Expenditure Limit (as defined below) approved by San Mateo’s City Council.
C. San Mateo’s estimated fiscal obligation for work performed under this Agreement by Burlingame on behalf of San Mateo is $150,000 (one hundred fifty thousand and no/100 dollars). (“Expenditure Limit”). If San Mateo’s share of the Project Costs exceed the Expenditure Limit due to unforeseen conditions, San Mateo may seek further authorization from its City Council for funding.
D. Either Party may make changes to it s own line-specific work, provided that any additional costs incurred shall be solely borne by the Party making the change.
E. No additional work or ch anges to San Mateo’s scope of work shall be done without prior written authorization from San Mateo.
Section 6. Financial Commitments.
A. San Mateo shall pay to Burlingame the amounts calculated in accordance with Section 5 above. Burlingame shall invoice San Mateo monthly for costs incurred during the calendar month preceding the invoice.
B. Fund deposits and payments for costs incurr ed for the Project shall be made directly and without offset for any other financial obligations of the Parties.
Section 7. Limitations.
This Agreement shall not affect, modify, am end, or replace the allocation of costs for treatment, capital improvements, or other services under any prior agreement between the Parties. The Parties shall continue to share costs for those services in accordance with the procedures set forth in prior agreements un til they are amended or replaced. Except as modified herein, the terms of previous agreements shall continue in full force and effect.
Cost Share Agreement –Humboldt Street Paving
Section 8. Indemnification.
Each Party shall indemnify, defend and hold the other Party, its officials, officers, employees, agents, consultants and contractors free and harmless from and against any and all claims, demands, ca uses of action, costs, expenses, liabilities, loss es, damages or injuries, in law or in equity, to property or persons, including wrongful death, (“Claims”) in any manner arising out of or incident to any negligent acts or omissions or willful misconduct of the indemnifying Party, its officials, officers, employees, agents, consultants or contractors in the performance of the indemnifying Party’s obligations under this Agreement, including the payment of interest , penalties, reasonable attorney’s fees and expert fees, and amounts paid in settlement of any Claims.
Each Party shall give the ot her Party prompt written notic e of any Claim coming within the scope of this Section 8. Each Party will cooperate in the investigation, defense, and settlement of any such Claim.
Section 9. Notices.
Any notice required, contemplated by, or made pursuant to th is Agreement shall be in writing and shall be deemed delivered on the date of delivery if delivered personally or five (5) calendar days after the date of mailing if sent by U.S. Mail. Written notice to the Parties shall be directed to the following:
IF TO BURLINGAME:
City of Burlingame
Attn: Public Works Director
501 Primrose Road, 2
nd Fl.
Burlingame, CA 94010
--with courtesy copy to--
City of Burlingame
Attn: City Attorney
501 Primrose Road
Burlin
game, CA 94010
IF TO SAN MATEO:
City of San Mateo
Attn: Public Works Director
330 W. 20
th Avenue
San Mateo, CA 94403
--with courtesy copy to--
City of San Mateo
Attn: City Attorney
330 W. 20
th Avenue
San Mateo, CA 94403
Cost Share Agreement –Humboldt Street Paving
IN WITNESS WHEREOF, the Parties hereto, by their du ly authorized representatives, have affixed their hands on the day and year first above written.
BURLINGAME: CITY OF BURLINGAME
501 Primrose Road
Burlingame, CA 94010
__________________________________
L i s a K G o l d m a n
C i t y M a n a g e r
ATTEST:
___________________________
Meaghan Hassel-Shearer
City Clerk
APPROVED AS TO FORM:
___________________________
Michael Guina
City Attorney
Cost Share Agreement –Humboldt Street Paving
SAN MATEO: CITY OF SAN MATEO
330 W. 20 th Avenue
San Mateo, CA 94403
__________________________________
A l e x K h o j i k i a n
C i t y M a n a g e r
ATTEST:
___________________________
Martin McTaggart
City Clerk
APPROVED AS TO FORM:
___________________________
Linh Nguyen
Assistant City Attorney
ROLLINS ROADPENINSULA AVEHUMBOLDT ST
CITY OF BURLINGAME2025 STREET RESURFACINGPROGRAMLEGEND
Total Length (L.F.):STREET: Avg. Width (FT.):Total Area (S.F.):From:To:TREATMENT: 1,640 28 55,0062.0" MILL, 2.0" OVERLAY, 6" DIGOUT
HOWARD AVE
ROLLINS RDHUMBOLDT ST
N 0SCALE IN FEET306030
CITY OF BURLINGAME2025 STREET RESURFACINGPROGRAMLEGEND
Total Length (L.F.):STREET: Avg. Width (FT.):Total Area (S.F.):From:To:TREATMENT: PENINSULA AVEHUMBOLDT ST ROLLINS ROAD1,640 28 55,0062.0" MILL, 2.0" OVERLAY, 6" DIGOUT
BAYSWATER AVE
HUMBOLDT ST
PENINSULA AVE
HUMBOLDT ST
Bid Item Description of Work Unit Price Unit Quantity Total Cost San Mateo Cost 1 Mobilization and Demobilization@ 5% 7,807.59$ LS 1 7,808$ 3,904$ 2 Traffic Control and Construction Signs 16,873.54$ LS 1 16,874$ 8,437$ 3 Water Pollution Prevention Control 944.92$ LS 1 945$ 472$ 4 6" A.C. Digout Repair 231.00$ Tons 27 6,237$ 3,119$ 7 A.C. Overlay 140.00$ Tons 690 96,600$ 48,300$ 8 Cold Plane A.C. 110.00$ CY 340 37,400$ 18,700$ 9 Adjust Manholes & Utility Boxes to Grade 1,150.00$ Each 2 2,300$ 1,150$ 10 Adjust & Replace Water Valve Boxes,
Lampholes, Cleanouts, Monuments, Etc. to
Grade 900.00$ Each 3 2,700$ 1,350$
11 Fire Hydrant Pavement Markers Blue 18.00$ Each 2 36$ 18$ 12 Thermoplastic - 24" Solid Line 18.00$ LF 270 4,860$ 2,430$ 13 Thermoplastic - 12" Solid Line 10.00$ LF 96 960$ 480$ 17 Thermoplastic Legends and Arrows 9.00$ SF 128 1,152$ 576$ 18 Grind Thermoplastic/Paint and Pavement
Markers 809.93$ LS 1 810$ 405$
21 Bike Proof Grates 1,300.00$ Each 4 5,200$ 2,600$ Total Construction Cost 183,881$ 91,940$
Estimated Inspection Cost 15% 27,582.15$ 13,791$
Estimated Staff Time and Testing 5% 9,194.05$ 4,597$ Construction Contingency 15% 27,582.15$ 13,791$
Total Project Cost 248,000.00$ 124,000$
1 Notes
Estimated Project Costs for Cost Sharing Agreement
Exhibit B
This estimate does not include the final total amount. The total amounts will be unknown until the Project is completed. It is understood that the total sum to be reimbursed to Burlingame by San Mateo shall be determined from the actual costs incurred by Burlingame to construct those certain improvements on behalf of San Mateo.