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Home My WebLink AboutCC Resolution 13728 (H St. Roadway Impr. Project)RESOLUTION NO. 13728 Fall I 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 MEMORANDUMBETWEEN THE CIT OF SAN RAFAEL AND THE SAN RAFAEL ALLOWINGDISTRICT 1 PROJECT TO DESIGN 1 CONSTRUCT THE H STRE ET ROADWAY PROJECT I This Memorandum of Understanding (hereinafter "Agreement") is made and entered into this 12— day of Gp 2014, by and between the CITY OF SAN RAFAEL r (hereinafter ``SANRAFAEL"), and the SAN RAFAEL SANITATION DISTRICT (hereinafter IRONIW-1111 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 Judy 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 fixture 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") C-ur"ITUATUIROM L 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 hilprovement Project. B. SAN RAFAEL shall develop the bid documents for 1-1 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 hilprovement 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 attorneys 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 Manager/District Engineer 111 Morphew 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 • S ' 0 UWAI' The laws of the State of California shall govern this Agreement. W 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: NADER MANSOURIAN Public Works Director ATTEST: CYNTHIA HERNANDEZ, District Secretary ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: JA K F.GOVI, Assistant County Counsel 5 APPROVED AS TO FORM: ROBERT F. EPST City �'V'-o'r'ney 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; L4_ bonds, and insurance certificates and endorsements. 1 /v 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 ('116 6L4 contracting department. To be completed by Contracting Department: Project Manager: i�c"Gfii'f (-t 1t'u- Project Name: 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. q e f DEPARTMENT: Public Works DATE: May 5, 2014 DATE OF MEETING: May 19, 2014 FILE NO.: 08.02.245 TITLE OF D•CUMENT: A RESOLUTION AUTHORIZING• DIRECTOR • SIGN MEMORANDUMTHE OF UNDERSTANDING WITH SAN RA . . x s' DISTRICT ALLOWING . COMBINED PROJECTTO DESIGN AND CONSTRUCT OF - ROADWAY IMPROVEMENTPROJECT. 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) 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. DATE OF MEETING: May 19, 2014 FROM: Nader Mansourian I a]: I W -Al mela I kh I ; a ilk I M 01 Lai 114 P Us= DATE: May 5, 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)