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Home My WebLink AboutPW Third Street & Union Street Improvement ProjectCITY O.44t a _ Agenda Item No: 10 Meeting Date: June 15, 2009 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by /6 " �� _" City Manager Approval: Director of Public Works (LM) SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE MARIN MUNICIPAL WATER DISTRICT (MMWD) IN AN AMOUNT NOT TO EXCEED $50,000 FOR THE RELOCATION OF THREE FIRE HYDRANTS ASSOCIATED WITH THE THIRD STREET AND UNION STREET IMPROVEMENT PROJECT. RECOMMENDATION: Staff recommends that the City Council adopt the resolution authorizing the City Manager to execute the agreement with the Marin Municipal Water District (MMWD) in an amount not to exceed $50,000.00. BACKGROUND: As part of the routine traffic monitoring, intersection analysis, signal inspection and responding to requests from citizens, staff has analyzed the intersection of Third Street and Union Street for traffic signal installation and intersection modifications. On June 16, 2003 and August 6, 2007 the City Council adopted Resolution numbers 11340 and 12328, respectively, authorizing the Director of Public Works to enter into agreements with Kimley-Horn & Associates to design intersection improvements. Intersection improvement alternatives were developed and presented to stake holders such the Montecito Area Residents Association (MARA), Whole Foods, and Montecito Shopping Center representatives, as well as many public hearings pertaining to General Plan 2020, and private developments such as Village at Lock Lomond Marina over a period of four years and a preferred alternative was selected. Kimley-Horn and Associates, Inc. has completed the design and development of the project plans and specifications. The plans were signed and approved by the Public Works City Engineer. On March 16, 2009 the City Council adopted the plans and specifications and on March 20th, 2009 the project was advertised in accordance with San Rafael's Municipal code and policies. Bids were opened on April 15th, 2009 and the contract was awarded to Ghilotti Construction Company, Inc. on April 201", 2009. As part of the project, upgrades to the existing pedestrian facilities will be made and include addition of ADA compliant curb ramps at both 3`d St/Mary St and 3rdSt/Union St, and widening of the fire station FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 driveway along Union Street. In order to construct each of these improvements, relocation of three existing fire hydrants is required. The location of the proposed relocations is illustrated in Exhibit "A" ANALYSIS: The City coordinated the project design with the Marin Municipal Water District (MMWD) and has received an agreement in order for MMWD to complete the relocation of the three fire hydrants. In order to begin the work MMWD requires a deposit of $45,000. Actual costs will be determined after completion of the work and the City will either be reimbursed or pay the difference of the actual costs incurred by MMWD's forces for the relocations. A $5,000 contingency is included in case the actual costs are in excess of the $45,000 required deposit. The work required for the relocations is described in the agreement, attached to this report. The associated cost breakdown is attached to this report as Exhibit `B." FISCAL IMPACT: Relocation of the three fire hydrants will cost approximately $50,000 ($45,000 deposit plus contingency). This work is funded through the Third Street and Union Street Improvement Project, Project 11025. The total projected cost for this service is as follows: Category -Eden Expense Code Amount Note(s) Design -01 Construction -02 Construction Management -03 Land Acquisition -04 Site Testing -05 Furniture and Equipment -06 Supplies and Services -07 $50,000 $45,000 + contingency Personnel -08 Other Elements -99 Total Projected Cost $50,000 Funding Source(s) —Third Street and Union Street Improvements Project, Proiect 11025 Previously, the City Council approved a total amount of $1,107,640.30 from the traffic mitigation fee fund for the Third Street and Union Street Improvement Project and $50,000 of this was for the MMWD fire hydrant relocations. We therefore request that Council approve $50,000 from the project for the construction inspection services which will be funded from the following source: Source Amount Note(s) Traffic Mitigation Fee Fund $50,000.00 Total Available Funds $50,000.00 OPTIONS: The Council may choose to not to authorize the City Manager to execute the agreement with MMWD for the fire hydrant relocations. Not authorizing this agreement for execution will not allow the project to be constructed as designed and may require additional costs for design modifications. ACTION REQUIRED: Staff recommends that the City Council adopt the Resolution authorizing the City Manager to execute the agreement in an amount not to exceed $50,000.00. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paee: 3 Enclosures (4) 1. Resolution 2. Fire Hydrant Relocation Agreement 3. Relocation Illustration, Exhibit "A" 4. Associated Costs from MMWD, Exhibit `B" RESOLUTION NO. _ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE MARIN MUNICIPAL WATER DISTRICT (MMWD) IN AN AMOUNT NOT TO EXCEED $50,000 FOR THE RELOCATION OF THREE FIRE HYDRANTS ASSOCIATED WITH THE THIRD STREET AND UNION STREET IMPROVEMENT PROJECT. WHEREAS, relocation of three existing fire hydrants is required for the Third Street and Union Street Improvement Project; and WHEREAS, the City has been coordinating with MMWD regarding requirements for the fire hydrant relocations; and WHEREAS, MMWD has provided the City with an agreement for the fire hydrant relocations; and WHEREAS, MMWD requires a deposit to create engineering drawings and the associated construction for the relocations; and WHEREAS, staff has reviewed the agreement from MMWD and found it to be within industry standards and acceptable. NOW, THEREFORE, BE IT RESOLVED that the Council does hereby authorize the City Manager to execute an agreement in an amount not to exceed $50,000 for the Fire Hydrant Relocations in a form approved by the City Attorney's office. RESOLVED FURTHER that the Public Works Director of the City of San Rafael is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, ESTHER C. BEIRNE, 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 151h day of June, 2009, by the following vote, to wit: AYES: NOES: COUNCIL MEMBERS: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ESTHER C. BEIRNE, City Clerk File No. 18.01.66 MARIN MUNICIPAL WATER DISTRICT HYDRANT RELOCATION AGREEMENT MMWD — CITY OF SAN RAFAEL THIS AGREEMENT is made and entered into this day , 2009, by and between MARIN MUNICIPAL WATER DISTRICT, hereinafter called "District"; and CITY OF SAN RAFAEL, hereinafter called "City" as follows: For valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: Section A. Recitals 1. District has determined that the City's Project will require the relocation of three hydrants as depicted on the attached Exhibit "A" and described as follows: a) HY-0113 at Mary and Third Street shall be relocated approximately 15 feet toward Fourth Street direction. b) HY-3738 at the intersection of Third and Union Street shall be relocated to Fourth and Union Street. c) HY-3954 at the San Rafael Fire Department Training Facility shall be relocated to accommodate the enlargement of the Fire Department's Driveway. Section B. General Provisions 1. Installation According to District Plans and Specifications: District shall relocate and install the three hydrants in accordance with the plans and specifications prepared by the District, as they may be amended by District to address conditions as found during the course of the project. District will provide City with copies of such plans and specifications. 2. Method of Performance of Work: Work done under this agreement shall be performed as hereinafter indicated: Fire hydrants to be relocated by either Public Contract to be let by District or performed by District's own forces. 3. Estimated Cost of Work: The estimated cost of the pipeline replacement applied for as determined by District is as follows: -1- COSTS Material Labor Equipment Connection Fees Said cost estimates are made solely for the convenience of District in determining required deposits, bonds, and guarantees. District makes no representations whatever, and assumes no responsibility whatever, regarding the accuracy of said estimates. The estimated costs listed under this Method are for the District to provide all required labor, equipment and materials. Neither estimate includes the cost of the hydrant bodies which will either be reused or provided by San Rafael Fire Department and the cost of street restoration. It is understood that these are only estimates and final charges will be made on the actual cost of installation. Any subsequent change in costs and fees or in the nature of the project between this writing and approval of an agreement will be reflected at that time. 4. Financial Arrangements to Be Made by the City City shall pay the District a deposit of $45,000 toward the costs of the hydrant relocation project as provided in Paragraph 3. District shall commence installation within 60 days after receipt of the deposit from the City. 5. Review of Estimates: All estimated costs set forth in this agreement shall be subject to periodic review and revision at the District's discretion. In the event the City has not completed financial arrangements with the District in accordance with Paragraph 4 within 6 months from the date of this agreement, all estimated fees, costs and charges set forth in Paragraph 3 shall be reviewed and revised if necessary. The City shall pay any balance due upon demand or furnish a guarantee of such payment satisfactory to the District. -2- 6. Changes in Estimated Costs - Additional Deposits: At any time or times prior to completion of installation of the facilities, whether or not the plans and specifications have been changed, District may revise its estimate of any item of estimated cost payable by City to District. If a revised estimate is greater than the amount previously paid, City must pay the excess to District within 30 days after District requests an additional deposit. If the revised estimate is less than the amount previously paid, District will credit the difference to any account then owed by City, or if no such account exists, will refund said difference to City as provided in Paragraph 9. 7. No Work to be Done Prior to Compliance: No work shall be performed nor installation made prior to City's delivery to District of all fees, charges, deposits, and guarantees required by Paragraph 4, nor after 30 days has elapsed from District's request for additional deposit pursuant to Paragraph 6 unless said additional deposit has been made. 8. Termination for Failure to Deliver Deposits, Bonds, Etc.: Failure to deliver to District any fees, charges, deposit, or guarantee, required by Paragraph 5 within the times set forth in said paragraphs shall constitute a material breach of this agreement for which this agreement may be terminated by District without prior notice. 9. Payment of Actual Costs: Upon completion of installation of the facilities, District will determine the actual amount of its costs and expenses thereby incurred. If the actual amount exceeds the estimate previously paid, City will pay to District the amount of such excess promptly upon demand. If the actual amount is less than the estimate previously paid, District will, upon completion and acceptance of the facilities, credit any excess money to any account then owed by City or refund it. District's determination of such costs and expenses shall be final and binding provided that such determination shall be made upon the basis of generally accepted accounting principles consistently applied and shall be free of arithmetical error. 10. No Interest on Deposits: No interest shall accrue to or be paid to Applicant for any funds deposited with District pursuant to this agreement except insofar as required by Government Code 53079. 11. Fire Hydrants: All fire hydrants will be turned over to the City for operation and maintenance upon completion of installation by District. 12. Dispute Resolution: Any dispute or claim in law or equity between District and City 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) or Resolution Remedies for mediation. Mediation shall consist of an informal, non-binding conference or conferences between the parties and the judge -mediator jointly, -3- 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 or Resolution Remedies 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 or Resolution Remedies 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. At the election of either party, any dispute or claim in law or equity between District and City 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 and Mediation Services, Inc. The parties to an arbitration may agree in writing to use different rules and/or arbitrators. This provision is intended to be severable. If this provision is determined by a court of competent jurisdiction to be illegal or invalid for any reason whatsoever, it shall be severed from this agreement and shall not affect the validity of the remainder of the agreement. 13. Mercier: This writing is intended both as the final expression of the agreement between the parties hereto with respect to the included terms of the agreement, pursuant to California Code of Civil Procedure Section 1856, and as a complete and exclusive statement of the terms of the agreement. No modification of this agreement shall be effective unless and until such modification is evidenced by a writing signed by both parties. 14. Attorney's Fees: In the event of legal action by District to collect any sums due from City hereunder, the prevailing party shall be entitled to reasonable attorney's fees to be set by the court. 15. Interest on Unpaid Accounts: Any monies owed the District shall begin accruing interest sixty days after the first billing date. Said interest will be the rate District earns on its investments plus one percent, but shall in no event exceed 10% per annum. 16. Time of the Essence: Time is of the essence. 10 Ken Nordhoff, City Manager City San Rafael By Ken Nordhoff, City Manager MARIN MUNICIPAL WATER DISTRICT By Jon Mandell, Manager Environmental & Engineering Services Division -5- a) HY-00113 RELOCATE APPROX. 15 FT 4 4 MARY ST I 1 1 I I h � I a I ti I I I I I b) HY-03738 RELOCATE TO 4TH & UNION ST EXHIBIT A UNION ST LEGEND b" HYDRANT - c) HY-03954 RELOCATE TO ACCOMMENDATE ENLARGEMENT OF FIRE DEPT DRIVEWAY �MARIN MUNICIPAL WATER DISTRICT DATE MAY 2009 JOB NO 209053 SHEET i OF 1 220 NELLEN AVE., CORTE MADERA, CA 94925 (415) 924-4600 PREPARED BY: CC REVIEWED BY: HYDRANTS RELOCATION, THIRD & UNION ST, SAN RAFAEL Labor, Material and Equipment estimate sheet DESCRIPTION: Three Hydrants Relocation LOCATION: Third and Union TOWNICITY: San Rafael Estimator Chi Cheung Date: 12/18/2008 Labor Hours Rate /hr Cost Foreman 74 $70.00 $5,180.00 Operator 74 $70.00 $5,180.00 Utility 1 148 $68.00 $10,064.00 Utility II 74 $65.00 $4,810.00 Welder 24 $70.00 $1,680.00 Corros. Tech 2 $75.00 $150.00 WO. Tech $66.00 $0.00 Soils tech 2 $63.00 $126.00 Engr Tech 8 $65.00 $520.00 Inspector $75.00 $0.00 Valveman 12 $70.00 $840.00 Area Supervisor $82.00 $0.00 Concrete (Lump sum) $1.00 $0.00 Paving (Lump sum) $1,450.00 $1.00 $1,450.00 Labor Total $30,000.00 Equipments Utility Truck 74 $31.00 $2,294.00 Backhoe 74 $40.00 $2,960.00 Transport 74 $21.00 $1,554.00 Pickup 74 $16.00 $1,184.00 Welding Truck 24 $23.00 $552.00 Dump Truck 74 $21.00 $1,554.00 Tapping machine 0 $300.00 $0.00 Equipments Total $10,098.00 Materials Hydrant materials (lump sum) $1,666.66 3 $4,999.98 Total $45,097.98 ESTIMATE ONLY It is understood that these are only estimates and final charges will be made on the actual cost of installation.*