Loading...
HomeMy WebLinkAboutCC Resolution 10514 (Second St. Widening)RESOLUTION NO. 10514 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND ALBERT LOFTS, LLC FOR THE WIDENING OF SECOND STREET IN FRONT OF THE FUTURE ALBERT LOFTS DEVELOPMENT BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, Albert Lofts, LLC has requested that the City of San Rafael include the widening of Second Street in front of the future Albert Lofts development in the City's Second Street Widening Project; and WHEREAS, the City has no objections to their inclusion subject to the payment of an 8° o overhead and administration charge and certain other conditions outlined in the Agreement. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael that the City agrees to enter into an agreement with Albert Lofts, LLC (subject to review and approval by the City Attorney). RESOLVED, FURTHER, that the Council does hereby authorize the Director of Public Works to execute said 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 18`x' day of October, 1999, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None File No.: 16.01.192 JEANA-M. EOkCI I, City Jerk AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND ALBERT LOFTS, LLC FOR THE WIDENING OF SECOND STREET IN FRONT OF ALBERT LOFTS DEVELOPMENT This Agreement is made and entered into this Z g day of dGTo���' , 1999, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and ALBERT LOFTS, LLC, a limited liability corporation (hereinafter "LOFTS"). RECITALS WHEREAS, CITY is currently widening Second Street between Heatherton and Brooks Streets in the CITY of San Rafael, County of Marin; and WHEREAS, LOFTS desires CITY to extend the Second Street widening project (hereinafter " EMPROVEMENTS") to the area in front of the Lofts Development; and WHEREAS, plans for this extended widening of Second Street project have been prepared by CSW Stuber-Stroeh as Sheet C-1 entitled Lofts at Albert Park, 2nd Street Extension, dated 9-21- 99; and WHEREAS, CITY is willing to have its contractor construct IMPROVEMENTS and LOFTS is willing to pay to the CITY the entire cost of HVIPROVEMENTS, plus an additional 8% of this amount for administrative costs. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 111"Ieln-COR&I A. " IlVIPROVEMENTS" means that portion of the widening project of Second Street that is in front of the proposed LOFTS project including but not limited to all sidewalk, curbs, gutters, drainage, roadway construction, signage, lighting, trees and other fixtures, all as shown in the project plans. B. "COST OF IlVIPROVEMENTS" means the entire construction cost for the HAPROVEMENTS defined in 1.A., above, plus 8% of that figure for administrative costs. 2. PROJECT COORDINATION. A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The City Engineer is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR. Contractor shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for contractor. is hereby designated as the PROJECT DIRECTOR for contractor. 3. DEITIES OF LOFTS. LOFTS shall perform the duties and/or provide services as follows: A. Grant to CITY and its contractor a "Right of Entry and Temporary Easement" on the premises so that CITY's contractor can construct 1IMPROVEMENTS. B. Grant premises to CITY in fee after CITY and LOFTS agree on a price, said agreement to be negotiated and memorialized no later than pec /, l9 q 9 C. Pay to CITY the entire COST OF IMPROVEMENTS pursuant to and in the manner described in Paragraph 5. below. D. Furnish to CITY all plans and specifications as required and in accordance with CITY's standard and California's standard specifications for review and approval. E. LOFTS shall not direct contractor to perform any work, and LOFTS requests for any additional work shall be directed to and negotiated with CITY which, upon its approval, shall direct contractor to perform said work at the sole cost, plus 8%, of LOFTS. 4. DEITIES OF C,=. CITY shall perform the duties as follows: A. Authorize its contractor to construct IMPROVEMENTS by way of change order to existing contract for the widening of Second Street and pay contractor for such work. B. Provide LOFTS with copies of all payments to contractor for construction work on MIPROVEMENTS within 35 days of payment. C. CITY shall provide all inspection and administrative work required for construction of IMPROVEMENTS. For the performance by the CITY and it's contractor as described herein, LOFTS shall pay the CITY COSTS OF RAPROVEMENTS. Within five (5) days of execution of this Agreement LOFTS shall deposit with the CITY a sum in the amount of $25,000 against the total costs of improvements, and said deposit shall be retained by CITY until Final Payment is made by LOFTS. CITY shall invoice LOFTS for work completed under this Agreement on a two montly basis in accordance with CITY's contract agreement with it's contractor. LOFTS shall make payment within 5 days of receipt of invoice. Progress payments and final payments due from LOFTS to the CITY shall be based upon the unit costs as outlined on the attached proposal from CITY's contractor, Ghilotti Construction Co., plus additional costs related to excavation, staging, testing, profiling, loading, transportation, and disposal of contaminated soil and water. Within 45 days of completion of the construction of HSAPROVEMENTS, CITY shall return to LOFTS the deposit amount of $25,000. The term of this Agreement shall commence upon the execution of this Agreement and shall terminate upon completion of the work but no later than January 31, 2000. 2 7. COMPLIANCE WITILALL LAWS. LOFTS shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. 8. NO THIRD PA&TY BENEFICIARIES. CITY and LOFTS do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 8. NOTICE All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Andrew Preston Project Manager City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 944915-1560 TO LOFTS: Robert Lalane (Project Director) Lalane Volckman 55 Francisco St., Suite 380 San Francisco, CA 94133 9. INDEPENDENT C'QNTRACTOR. For the purposes, and for the duration, of this Agreement, each party, its officers, agents and employees shall act in the capacity of an independent contractor, and not as employees of the other path'. 10. ENTIRE ACTRFFMRNT -- AMENDME-EU. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the LOFTS and the CITY. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the LOFTS and the CITY. 3 The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 12. CQ$TS AND ATTORNEY'S FEM. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 13. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL ATTEST: JOE M. LEGA WN ,City Clerk ."66f&T- LOFTS , LC.C. By: -� Name: C ! "06 Title: &tip, forks Director Al GARY T. RA9GHIANTf, City Attorney 4 L1 W;.D :0:19 AM :JTTI C011ST. FAX K0, j 15 255 1520 P. 2 PROPOSAL GMLOTTI CONSTRUCTION COMPANY Engineering Contractors 2301 Kerner Divd San Raftcl, California 94901 415/236-1523 P10PWai Submitted to: DAW October 6, 1999 Dm ZapprAW 1112 Second Strut Sat Rafael, CA 94901 Attention: Dave Zeppelin Job: Lofts at Albert Park- 2" Street Widening lob Location: Second Street ArchitectJEngiWer: CSW/Stober-Stroeh Specifications Date: N/A Soils Rcport Date: N/A State Comractor'S License No. 644313 Class A - _ Phone: (413) 454-2311 Fax : (415) 454-2120 Plans. Duty Revisiom Addenda: Shoe CI dabW 9/21/99, Addenda i I dated WNW we from (lit n � ' ' . "' � is basad on unit � .. hcrt�y propost: to do the followt work for the f ,,, � ;fit �� u Rule 20A/Socond Street Widening project with the City of San RathoL Work Includes: L Furnish & lnstall K -rail 2. 12" Storm Data 3. Remove Ex. Sidewalk/C&G 4. S" Concrete Protoaion Ped S. Remove 18" ACP 6. Fttrnish/i'laoe 16" ASphalt Section 7. AspUt Overlay '%Pc E Catch Basin 9. Typc A M6niuole 10. Concrrte Sidewalk 11. Concrete C&G 12. Temp Asphalt Walkmy 13. Grinding 14. Floc Grading 15. -aw=l 16. Earthwork (Load 8i: Hari to Class 3) 17. Pavement Undnrlaymem 180 Lf ® 520.00,U- 53,600.00 163 Lfc4 5123.00/Ef - 520,373.00 3700 Sf @ S1.00ISf - 53,700.00 7 Cy ® 5300.00ICy - $3500.00 145 U@ S15.O0/Lf- 3'1.175.00 138 Tn @ so.own - $9,108.00 20 Th (a,) SK00frn - 51,320.00 1 Ea g $4,800.o0/Fa - S4,soaoo 1 Ea ® SS,600.00/Es - $S,lii00.00 173 Sf ® S4.25/8f - $743.73 187 Lf ® S25.00/Lf - 54,675.00 770 Sf ® S3."" - $2,693.00 :3&fy 532.50/Sy -mme.6@- 10� 1930 Sf Oa 50.UM- 9382.30 142 Cy @ 540.00/0► — 53,680.00 223 Sy g S1.25/Sy — 5285.00 WED 10:20 AM GHILOTTI CONST. PAX NO. PROPOSAL Mise Add'l items of Work included in lump sum prig: L B3dcad Water SoMocs 2. Relocate Shod 3. Relocate Light Pole 4. ReLocaie Sign 3. Surveying 6. 6' Chain Link Fencia 7. Temporary Fence & Relocate Pac Eau Vault yr/eondcrit 9. Add'I Striping 10. 'linitis Control 11. Clear & Grub, Pbtboftg Notes: '15 256 1520 P. 3 30 Lf ® S50 -00U- .—a..& $1,500.00 ALAPOP -l.., , I Ea (4 S1500.00Ma - S1,500.00 I Ea ® 31=00 - 5150.00 1 Ls @ $1S00.00- S1,500.00 j 134;.f'S231}ORti�"•�t4�i5909-----,f,�i7Et1+1 1 Ls ® $500.00 - $300.00 11A $5000.00 - $5,000.00 1 LA @ S500A0 4 $300.00 I La @ sz s oo - S2,50o.00 I Ls @ 331300.00 - S3,500.00 I. As part of the City of San Rafad Rule 20A/Second SkM Widening project, all excavated material is to be disposed of at a Class 3 landfill. Item 417 above is for the material can be directly loaded into a trudc and transported to the Class 3 lnndall: this requires pnxwmpd discount pivilcgeL If the soils have to be stockpiled and retested prior to disposal, they will be handled as follows • Surcharge A- Stockpile. Land, Tratlsport, aadDispose at n Clash 3 Facility @ $21.00/Tn • Surcharge D- Stockpile; Load. Transport, aodDlsposc at a Class 2 FaciUty@ S32.oQtTn Tonnage will be dclermint d by soak tags provided by the la=MU lho material is talam to Owner shall sign all manifests. Owner shall supply testing of material for determining the apptnperim disposal facility. These prices are in addition to the price fru earthwork above It is ratderstood that the City of Sun Rated wt71 be assisting the Otmcr witb the stockpiling testing. and disposal of the v= vatcd ter• Soil to be sto ftfled will be taken to the stockpile arras provided by the City a pert of the Rulo 20A/Secortd Street Widening project. Stockpiled soils generated sham the worts in this proposal will be kept separated from the soils stodcpiled from the Rule 20A/Second Street ptgecL 2. Any water encountered in the excavations will be comidmvd as coatam namd Water -will be loaded into a Bakcr tank for testing by the Owner. Water will .them be disposed of at the rate of S4.131gsl. Water will be metered by the disposal facility. 3. 1f required aczmioa pmoction mitigation velli be pwided at the twit price ofS1.00M 4. If required, a 6" concrete facility protection cap will be paovided at 1b0 trait price of S8.001St 3. GCC will relocate the on-site shed, using a dmilar snood blacUng fmandatioq Owner to arrange for electrical service dc-eneroing prior to moving and reinstal ft seKvice aft shed Is reeved 6. GCC trill rdocate the: Pec Bdl vault; Owner is rapocwbk for arq wire repelling, insocaioa feta, or other Pae Hell charges related to the rdoemon 7. Any dmgm to the plans which affect the quantities smicd in the lamp sum price will be priced acooeding to the unit prices ptovidod. R. AU cork to be coordinated with the City of San Rafad Widening pmjocL If proposal is not accepted within 7 calendar days. GCC reserves the right to revise the twit and lamp sum prices aeomdingly. 9. Prices are based on the Owner and City of San Rzbd Inching it ttmioally agreed upon flnancial arraagerncw, with the City of San Rata¢l lumng GCC a Contract Change Onky to the Rule 20A/Scoond Street Wtdcning t3miect. OCT -13-59 WED 10:21 AM ( '.OTTI CONST, FAX ?10. , 5 256 1520 P. 4 PROPOSAL 10. Owner is mpD=ble for all insp "on and testing fees riceessary to complete the project to the satisfaction of the City of San RafaeL The following items chocked below are spool M11Y EXCLUDED from our proposal* It lob Bonds, Enginecring Petauts x Cost of pavdtase and/or hauling of fabric and base rock g_ All Risk (Builders) Insurance .2L Erosion Control; Wintari=tion andlor b Engineering Winter Maintenance __ SuAVy 3_ Cost of Water JL Tasting and Ra -Testing _ Drainage lnle(s Handling of Hvardous Materials _ Sita Aecas: Traffic Control; Lane Closures Temporary K- Railing andfor Flagmen Utility SgshwworFx1ocation, Protection or Repair of Existing Utilities -IL Multiple Shifts. Ovcriime, Wcd=d andror Holiday Work CLARIFICATION OF OUR PROPOSAL. I ) Unkss oche wise providod for in bid doaumcnts, proposal is based on auric commencing within thirty days of its rc=P1. 2) Payment iniuil is due upon completion of work. 3) The cast for Riese items is basad on work being porf mw in one, unintemptod operation. 4) Ghilotti Cotta nx0on Company trquests a site meeting With all parties Perot to commrntCment of work DISC.AWM- OF RFSFONSIt1WY. ]:oVac =& da"p: AdaPK7' af—awn dbw.dt. boo or prams S exuammet, cuJca. or dtrmi3mm aiumts►ar, Duturto eaem fed a amoatod undagauad r1dwen tOdur}; THIS PROPOSAL SUBJECT TO OUR APPROVAL OF FINANCIAL ARRANGEMENTS OR FUND SIT ASIDE to Cha evm that a b mmw nammut Rx C=aada; by as a W= *diol%to au%- aolfeaim of fay aaeooa rxr"e by 5q- Murder, DuW army w Qay Ceatrauetr as a�'4 nd++Jie6 iotaaa anti aoeettc7ai Laet� ieaa:s� b the miiatton �d pnoemaiea dsaah adios` cou loom ata nquirod by teew to by dna Oamt mW Stdt Liomw Board �Y quatioon aeoomtins dee rapoauebiiitia of a ar axU tsrmy bo rd=W to the Rt&m of du Boned t''t:oaa'dd<'a' itr cmtraaoes Ads u== no" 1020 N. Street, See =n=a, CAHromu 971114. All material is guaranteed to be as spedfed. All work Aut to be completed in a wvrkntanliict manner according to standard practicm Any alteration or deviation jr / above spmftratiora involving arra colts tdh be J ee K. Pdnic nrec tted only upon written orders, and twill become an Vroject Engineer extra charge over and above the estimates All agnYrnents are contingent Capon strike, accidents or delays beyond our control. Owner to carry firr. Note Thin proposal may be withdramrt by Ghilow tornado and other necessary insurance. Our workers Construction Company if not accepted within 7 days, are folly covered by Workmen's Compensation UCT-:3 g WED 10:-)? AM SFUTT1 CONST. FAX K0. 5 256 1520 p ....5- PROPOSAL ACCEPTANCE OF PROPOSAL, The above prices, tams and aoncations art satisfactory and are bcacby acocpted. You ate authmizod to do lite Rork as sp=e=rm Payment will be made as outlined above. DATE OF ACCEPTANCE: BUYER Slgauuure. Title: Signature. Title: Pit me provide the following information so that a Preliminary Cormcdon Notice may be tiled Construction Lends: Owner: Originai Contractor: Desaiption/Addre m of Job Site: