HomeMy WebLinkAboutCC Resolution 10858 (Watt Ave. Reconstruction Proj.)RESOLUTION NO. 10858
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AUTHORIZING THE CITY TO ENTER INTO A JOINT
AGREEMENT WITH MARIN MUNICIPAL WATER DISTRICT
FOR BIDDING, CONTRACTING, AND CONSTRUCTION
MANAGEMENT OF "WATT AVENUE RECONSTRUCTION
PROJECT" AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT.
BE IT RESOLVED by the Council of the City of San Rafael as follows:
WHEREAS, Watt Avenue is a city street which is in need of
reconstruction; and
WHEREAS, the proposed construction work will reduce the depth of
cover to the Water District's water main; and
WHEREAS, the Water District has redesigned a new water main to be
placed within the street; and
WHEREAS, in order to expedite the work and start construction in the
summer of 2001, it is necessary to construct the work as one project; and
WHEREAS, an Agreement has been prepared between Marin Municipal
Water District and the City for this purpose;
NOW, THEREFORE, BE IT RESOLVED that the Council of the City
of San Rafael approve the Agreement between the Marin Municipal Water District and
the City of San Rafael for bidding, contracting, and construction management of the Watt
Avenue Reconstruction Project; and
RESOLVED, FURTHER, that the City Manager be authorized to execute
the Agreement.
I, JEANNE M. LEONCINI, 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 on the 18th day of June, 2001, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
File No.: 16.01.200
JEAN . LEONC NI, City Clerk
AGREEMENT BETWEEN
MARIN MUNICIPAL WATER DISTRICT AND CITY OF SAN RAFAEL
FOR BIDDING, CONTRACTING AND CONSTRUCTION MANAGEMENT OF
"WATT AVENUE RECONSTRUCTION PROJECT"
This agreement is made and entered into this 18th day of JUNE , 2001,
by and between the MARIN MUNICIPAL WATER DISTRICT (District) and the CITY
OF SAN RAFAEL (San Rafael).
WHEREAS, San Rafael wishes to undertake improvements named "Watt Avenue
Reconstruction Project" in the City of San Rafael, and the District must relocate existing
piping to accommodate the named "Watt Avenue Reconstruction Project "; and
WHEREAS, for the mutual benefit of the parties the City shall combine the District
project into one Project named the "Watt Avenue Reconstruction Project"; and
WHEREAS, the District is authorized pursuant to Water Code Section 71722 and San
Rafael by Government Code Section 6500 and California Construction Code, Article XI,
Section 9 to enter into a contract with another public agency in order to carry out their
respective powers.
NOW, THEREFORE, in consideration of the mutual promises of the parties hereinafter
contained, the parties hereto agree as follows:
San Rafael shall incorporate within the scope of its contract for the named "Watt
Avenue Reconstruction Project", the specifications attached hereto as Exhibit A
for the relocation of existing District's pipelines and the plans labeled sheets C1,
SD1 and SD2 of the project.
2. San Rafael shall be the lead agency under the California Environmental Quality
Act for the "Watt Avenue Reconstruction Project."
3. San Rafael shall advertise and award said contract pursuant to its competitive
bidding procedure to that Bidder who enters the lowest responsible bid for all
work except that if the District's or San Rafael's share of the cost of said work as
reflected in the amount of the lowest responsible bid exceeds either party's
estimate of said work by 10%, either party may require that said contract be
readvertised, and the cost of said readvertisement shall be shared equally by the
parties.
4. San Rafael shall award said contract within 30 days of bid opening.
C
5. The District shall reimburse San Rafael for pipeline installation costs per bid item
unit costs, as listed in Schedule "B" of the named "Watt Avenue Reconstruction
Project" (attached hereto as Exhibit B) and District approved extra or changed
work. The District shall review the Contractor's submittal for payment, and no
payment to the Contractor for items of Schedule "B" of the bid shall be made
without approval by the District. The District shall state to San Rafael the
former's approval or disapproval of each progress payment request, as it relates
to District items, in writing and within 14 days of receiving the progress payment
request. The District will remit payment to San Rafael within 30 calendar days of
receipt of a copy of San Rafael's payment voucher to the Contractor.
6. The District shall furnish the pipeline materials stated in the contract
specifications.
7. The District shall inspect all pipeline work. The District shall review all submittals
required by the pipeline specifications. San Rafael shall be responsible to
enforce the District decisions regarding the pipeline work upon the Contractor.
8. San Rafael shall require that bidders, if they are successful in receiving the
contract, name the District as an additional insured in connection with all
insurance required to be obtained and shall indemnify the District to the same
extent as San Rafael under said contract.
9. The parties hereto agree that San Rafael shall not authorize any extra or change
work in connection with the work required to be performed hereunder for the
District without obtaining the written approval of the District's General Manager.
10. Each party to this agreement undertakes the obligation that the other's
expectation of receiving its performance will not be impaired. If reasonable
grounds for insecurity arise with respect to the performance of either party, the
other may, in writing, demand adequate assurance of due performance and until
he receives such assurance may, if commercially reasonable, suspend any
performance for which the agreed return has not been received. Commercially
reasonable includes not only the conduct of the party with respect to
performance under this agreement, but also conduct with respect to other
agreements, the parties to this agreement or others. After receipt of a justified
demand, failure to provide, within a reasonable time, not exceeding 30 days,
such assurance of due performance as is adequate under the circumstance of
the particular case is a repudiation of this agreement. Acceptance of any
improper delivery, service or payment does not prejudice the aggrieved party's
right to demand adequate assurance of future performance.
11. The following provision shall apply to all claims not subject to Public Contracts
Code Sections 20104 et seq.:
A. MEDIATION - Any dispute or claim in law or equity between District and
San Rafael arising out of this agreement, if not resolved by informal
negotiation between the parties, shall be mediated by referring it to the
nearest office of Judicial Arbitration and Mediation Services, Inc. (JAMS)
for mediation. Mediation shall consist of an informal, non-binding
conference or conferences between the parties and the judge -mediator
jointly, then in separate caucuses wherein the judge will seek to guide the
parties to a resolution of the case. If the parties cannot agree to a
mutually -acceptable member from the JAMS panel of retired judges, a list
and resumes of available mediators numbering one more than there are
parties will be sent to the parties, each of whom will strike one name
leaving the remaining name as the mediator. If more than one name
remains, JAMS arbitrations administrator will choose a mediator from the
remaining names. The mediation process shall continue until the case is
resolved or until such time as the mediator makes a finding that there is no
possibility of resolution.
B. ARBITRATION - At the sole election of the District, any dispute or claim in
law or equity between District and Contractor arising out of this agreement
which is not settled through mediation shall be decided by neutral binding
arbitration and not by court action, except as provided by California law for
judicial review of arbitration proceedings. The arbitration shall be
conducted in accordance with the rules of Judicial Arbitration Mediation
Services, Inc. (JAMS). The parties to an arbitration may agree in writing
to use different rules and/or arbitrators.
CITY OF SAN RAFAEL
V -
Date: �O� o / By
Rod Gould
City Manager
ATTEST: ay, '
MARIN MUNICIPAL WATER ST 'CITY L R
Date: 11161,01 a1 By
t Pamela Ni olai
General Manager
EST
UNIT
ITEM
NO. I ITEM I UNIT I QTY I PRICE, $
PART A CITY OF SAN RAFAEL
ITEM
TOTAL, $
1 Mobilization
L.S.
1
8,000.00
8,000.00
2 Class 2 Aggregate Base
C.Y.
270
43.00
11,610.00
3 Adjust Manholes to Grade
E.A.
2
335.00
670.00
4 Type "A" Concrete Curb and Gutter and
L.F.
670
21.00
14,070.00
Modified Type "F" Curb
5 Concrete Driveway and Sidewalk
S.F.
4,330
4.50
19,485.00
6 12" PVC C900 Pipe
L.F.
127
55.00
6,985.00
7 Type "C" Catch Basin & 24"x24"
EA.
3
1,800.00
5,400.00
Grated Drop Inlet
8 Removal and Installation of Street Signs
E.A.
7
210.00
1,470.00
9 Traffic Stripping
L.S.
1
1,000.00
1,000.00
10 Mulch
L.S.
1
1,300.00
1,300.00
11 Traffic Control
L.S.
1
4,500.00
4,500.00
12 Construction Staking
L.S.
1
2,000.00
2,000.00
13 Chain Link Gate and Fence
L.F.
102
33.00
3,366.00
14 Asphalt Concrete
TONS
390
60.00
23,400.00
15 Trees
E.A.
5
400.00
2,000.00
16 Excavation
C.Y.
950
26.00
24,700.00
PART A SUBTOTAL BID
$129,956.00
PART B
MARIN MUNICIPAL WATER DISTRICT
1 INSTALL WELDED STEEL PIPE
a) 10 -inch
LF
10
90.00
900.00
b) 6 -inch
LF
40
85.00
3400.00
2 INSTALL POLYVINYL CHLORIDE
(PVC) PIPE
a) 6 -inch
LF
460
50.00
23000.00
3 INSTALL VALVES -WELDED
a) 10 -inch
EA
1
210.00
210.00
b) 6 -inch
EA
3
200.00
600.00
4 INSTALL PIPE FITTINGS -
WELDED
a) 10 -inch
EA
2
125.00
250.00
b) 6 -inch
EA
1
100.00
100.00
5 INSTALL PIPE FITTINGS - NON -
WELDED
a) 10 -inch
EA
3
50.00
150.00
b) 6 -inch
EA
3
40.00
120.00
6 MAKE CONNECTIONS TO
EXISTING PIPELINES
a) 10 -inch
EA
1
3500.00
3500.00
7 INSTALL FIRE HYDRANTS
EA
2
900.00
1800.00
8 INSTALL TAPS AND
CONNECTIONS FOR
SERVICE LATERALS
a) Insulate 1 -inch or less
EA
4
200.00
800.00
b) Insulate 1-1/2 to 2 -inch
EA
1
300.00
300.00
c) Renew 1 -inch or less
EA
1
250.00
250.00
EA � 1 Eyi I B
ITEM
EST
UNIT
ITEM
NO. ITEM
UNIT
QTY
PRICE, $
TOTAL, $
9 INSTALL COPPER SERVICE PIPE
a) 1 -inch
LF
30
110.00
3300.00
b) 1-1/2 to 2 -inch
LF
30
50.00
1500.00
10 PAVEMENT CUTTING
LF
1000
1.50
1500.00
11 PAVEMENT REMOVAL
SF
750
4.00
3000.00
12 TRENCH EXCAVATION
CY
100
15.00
1500.00
13 FURNISH AND PLACE IMPORTED
CY
30
50.00
1500.00
BACKFILL - SELECT SAND
14 FURNISH AND PLACE CLASS 2
CY
75
45.00
3375.00
AGGREGATE BASE BACKFILL
15 FURNISH AND PLACE
SF
750
1.00
750.00
TEMPORARY
PAVEMENT
16 FURNISH AND PLACE
PERMANENT PAVEMENT
a) 8 -inch AC Plug
SF
50
30.00
1500.00
17 SHEETING AND SHORING
LF
25
10.00
250.00
18 EXCAVATION AND DISPOSAL
CY
5
100.00
500.00
OF ROCK
PART B SUB'COTAL BID
$54,0.55.00
PART B i`1ARIN MUNICIPAL NATER DISTRICT SUBTOTAL
BID
54,055.00
GRAND TOTAL
BID
(PART A & PART B)
$184,011.00