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HomeMy WebLinkAboutPW H St. Roadway Impr. Project; SR and SRSD MOUDepartment: Public Works Agenda Item No: 4. f Meeting Date: May 19, 2014 Prepared by: � � Manager Approval A/iCJ .-/ 3, Director of Public Works File No.:08.02.245 .t, I 1 1. i �. •� RECOMMENDATION: Adopt Resolution BACKGROUND: Over the last few years the Department of Public Works has presented information to the City Council regarding the condition of the City's drainage system. H Street is one of the older sections of San Rafael with a drainage system dating back to the early 1900's. The existing drainage system, composed of two 30" corrugated metal pipes, has deteriorated significantly. The bottoms of the culverts have rotted away completely. Sinkholes are appearing in the roadway. SRSD's sewer main, which services the neighborhoods in the area, is located between these two culverts. Public Works notified all utilities in October 2013 to examine, and upgrade if necessary, their facilities prior to the City resurfacing the roadway. The existing sewer main must be relocated to repair the drainage system. We propose a combined sanitary and drainage project to minimize disruption to the community and to expedite the reconstruction of the roadway. A Memo of Understanding (MOU) between the City and the San Rafael Sanitation District is needed move forward with a combined project. ANALYSIS: This MOU will allow both the City and SRSD to utilize one designer and one contractor. San Rafael will take the lead in this project. SRSD will reimburse the City for all design and construction costs associated with installing a new sanitary line and making all necessary connections. Inspection of SRSD facilities will be performed by their staff. FISCAL IMPACT: There is no fiscal impact to the City since SRSD will reimburse the City each month for design and construction expenses. FOR CITY CLERK ONLY File No.: ''f —/2- ®/ Council Meeting: S l 14 Disposition:i�fc? 1. The Council can choose to authorize the Director of Public Works Director to sign the Memorandum of Understanding with the San Rafael Sanitation District; 2. The Council may choose to withhold authorization which will result in delaying the drainage repairs and roadway reconstruction project. ACTION REQUIRED: Adopt Resolution authorizing the Public Works Director to sign the Memorandum of Understanding with San Rafael Sanitation District. Enclosures: - Resolution - Memorandum of Understanding RESOLUTION NO. 13728 WHEREAS, the City of San Rafael is pursuing the replacement of the storm drain system on H street from Forbes Avenue to 5"' Avenue and; and WHEREAS, the City of San Rafael has notified the San Rafael Sanitation District of this proposed project in October 2013; and WHEREAS, the San Rafael Sanitation District's sanitary main is currently located between the two storm drain culverts on this street; and WHEREAS, both the City of San Rafael and the San Rafael Sanitation District agree that utilizing one designer and one contractor to perform the sanitary facility relocation as well as the culvert replacement would expedite the project and would save money; and WHEREAS, the City of San Rafael is willing to combine the relocation of the sanitary main and the drainage and road reconstruction work into one project. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael that it approves and authorizes the Public Works Director to execute the Memorandum of Understanding, as shown in the attached Example Memorandum of Understanding, in a form approved by the City Attorney with the San Rafael Sanitation District as stated in the staff report and authorizes the Public Works Director to take all necessary actions in connection with this Memorandum of Understanding. 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 19th day of May, 2014, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk File No.: 08.02.245 MEMORANDUM OF UNDERSTANDING BETWEEN THE CIT OF SAN RAFAEL AND THE SAN RAFAEL SANITATION DISTRICT ALLOWING A COMBINED PROJECT TO DESIGN AND CONSTRUCT THE H STRE ET ROADWAY IMPROVEMEN PROJECT I This Memorandum of Understanding (hereinafter "Agreement") is made and entered into this 12 day of 2014, by and between the CITY OF SAN RAFAEL (hereinafter "SAN AFAELU"), and the SAN RAFAEL SANITATION DISTRICT (hereinafter WHEREAS, SAN RAFAEL notified SRSD of the H Street Roadway Improvement Project in June 2013, and WHEREAS, SAN RAFAEL will be replacing the existing drainage culvert system on H Street, and resurfacing the roadway starting in July 2014; and WHEREAS, SRSD's sanitary main on H Street is located between San Rafael's culverts; and WHEREAS, SRSD will need to relocate the existing sanitary main to a location on H Street which is more accessible for maintenance in the future and does not conflict with the existing drainage system; and WHEREAS, the plan for the relocation of the sanitary main includes lateral improvements for individual properties and will be constructed with the sewer main relocation; and WHEREAS, SAN RAFAEL and SRSD desire to develop a combined construction project to install a new sanitary sewer main, replace the existing deteriorated storm drain system and resurface H Street (hereafter the "H Street Roadway Improvement Project") affaimm" I NOW, THEREFORE, the parties hereby agree as follows: 1. PURPOSE OF AGREEMENT. The purpose of this Agreement is to expedite the relocation and reconstruction of existing SRSD facilities and the completion of SAN RAFAEL's H Street drainage and resurfacing improvements by combining all the work into a single project with coordinated design and construction work and costs. The parties intend that SAN RAFAEL shall administer the contracts for design and construction of the H Street Roadway Improvement Project and SRSD shall reimburse SAN RAFAEL for the costs of those parts of the project attributable to work associated with SRSD's sanitary sewer improvements. 2. MOU COORDINATION. A. SRSD. The District Engineer shall be the representative of SRSD for all purposes under this Agreement and shall supervise all aspects of the execution of this Agreement. B. SAN RAFAEL. The Public Works Director shall be the representative of SAN RAFAEL for all purposes under this Agreement and shall supervise all aspects of the execution of this Agreement. 3. DUTIES OF SAN RAFAEL. A. SAN RAFAEL shall be responsible for bidding and entering into contracts for and managing the design and construction of the H Street Roadway Improvement Project. B. SAN RAFAEL shall develop the bid documents for H Street Roadway Improvement Project such that work to be done in connection with SRSD's sanitary system improvements (hereafter the "SRSD Improvements") is separated from the work to be done in connection with SAN RAFAEL's drainage and resurfacing project (hereinafter the "SAN RAFAEL Improvements") C. SAN RAFAEL shall provide SRSD with a monthly invoice of all charges associated with the SRSD Improvements. 2 D. SAN RAFAEL shall coordinate with and seek approval from SRSD's District Engineer prior to executing change orders related to the SRSD Improvements. 4. DUTIES OF SRSD. A. SRSD shall cooperate with SAN RAFAEL staff in their efforts to design and construct the H Street Roadway Improvement Project. B. SRSD shall expedite all design review and construction change orders, and shall either approve or deny them such that there is no delay to the Project H Street Roadway Improvement Project on account of SRSD's review. C. SRSD shall approve and sign the plans associated with the SRSD Improvements in a timely manner prior to bidding. D. SRSD shall provide inspection oversight of all construction work associated with the installation of the SRSD Improvements. E. SRSD agrees to reimburse SAN RAFAEL, within 30 days of receiving an invoice for construction, and project management fees and expenses associated with the SRSD Improvements in the H Street Roadway Improvement Project. F. If requested by SAN RAFAEL, SRSD shall compensate the contractor directly for fees charged for work on the SRSD Improvements, within 30 days of receiving a monthly invoice from SAN RAFAEL. 5. INDEMNIFICATION. A. SAN RAFAEL shall indemnify, release, defend and hold harmless SRSD, its officers, agents, employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, from any acts or omissions of SAN RAFAEL or SAN RAFAEL's officers, agents and employees in the performance of their duties and obligations under this Agreement. 3 B. SRSD shall indemnify, release, defend and hold harmless SAN RAFAEL, its officers, agents, employees and volunteers, against any claim, demand, suit, judgment, loss liability or expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, from any acts or omissions of SRSD or SRSD's officers, agents and employees in the performance of their duties and obligations under this Agreement. 6. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change or 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 SRSD: San Rafael Sanitation District Doris Toy, District ManagerlDistrict Engineer 111 Mozphew Street San Rafael, CA 94901 TO SAN RAFAEL: City of San Rafael Nader Mansourian, Public Works Director 111 Morphew Street San Rafael, CA 94901 7. ENTIRE AGREEMENT — AMENDMENTS. The terms and conditions of this Agreement represent the entire Agreement of the parties with respect to the subject matter of 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 SRSD and SAN APPLICABLE8. The laws of the State of California shall govern this Agreement. M IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. DORIS TOY District Manager/District Engineer ATTEST: '-Inez- CYYFHIA HERNANDEZ. District Secretary VED AS TO FORM: F. GOVI, Assistant County Counsel 5 NADER MANSOURIAN Public Works Director ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN,(City Ajo-rney PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department Date 1 City Attorney Review, revise, and comment on draft agreement. 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). 4 City Attorney Review and approve form of agreement; bonds, and insurance certificates and l endorsements. 5 City Manager / Mayor / or Agreement executed by Council authorized Department Head official. 6e City Clerk City Clerk attests signatures, retains original agreement and forwards copies to the contracting department. To be completed by Contracting Department: Project Manager: u-Orl Project Name:Ltj Agendized for City Council Meeting of (if necessary): If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis. CITY OF SAN RAFAEL INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRCC AGENDA ITEM NO. L4 e' DATE OF MEETING: May 19, 2014 FROM: Nader Mansourian DEPARTMENT: Public Works DATE: May 5, 2014 FILE NO.: 08.02.245 TITLE OF DOCUMENT: A RESOLUTION AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SIGN THE MEMORANDUM OF UNDERSTANDING WITH SAN RAFEAL SANITATION DISTRICT ALLOWING A COMBINED PROJECT TO DESIGN AND CONSTRUCT OF THE H STREET ROADWAY IMPROVEMENT PROJECT. Department Head (signature) APPROVED AS COUNCIL AGENCY AGENDA ITEM: City Manager (signature) on a TA M.0 F -Al No 00,101TA 211 OIM ][*am*] 004 ITI I City Attorney (signature) U CITY OF SAN RAFAEL 11i'll zvevol 11, INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRCC AGENDA ITEM NO. FROM: Nader Mansourian W -Al mela I kh I ; a ilk I M '_• 114 P Us= DATE: May 5, 2014 DATE OF MEETING: May 19, 2014 FILE NO.: 08.02.245 TITLE OF DOCUMENT: MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN RAFAEL AND THE SAN RAFAEL SANITATION DISTRICT ALLOWING A COMBINED PROJECT TO DESIGN AND CONSTRUCT THE H STREET ROADWAY IMPROVEMENT PROJECT Department Head (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL AGENCY AGENDA ITEM: City Manager (signature) APPROVED AS TO FORM: City Attorney (signature)