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HomeMy WebLinkAboutCC Resolution 9592 (Andersen Dr Project)RESOLUTION NO.9 5 9 2 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH SAN RAFAEL SANITATION DISTRICT FOR BIDDING, CONTRACTING, AND CONSTRUCTION MANAGEMENT OF ANDERSEN DRIVE PROJECT AND ANDERSEN DRIVE SANITARY SEWER IMPROVEMENTS. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES AS FOLLOWS: The Mayor and the City Clerk are hereby authorized to execute, on behalf of the City of San Rafael (CITY), an Agreement with San Rafael Sanitation District (DISTRICT) for Bidding, Contracting, and Construction Management for Andersen Drive Project and Andersen Drive Sanitary Sewer Improvements in a form approved by the City Attorney. WHEREAS, CITY wishes to undertake improvements named "Andersen Drive Extension" and "Irwin Street Drainage Improvements" and the DISTRICT wishes to undertake improvements named "Andersen Drive Sanitary Sewer Improvements" and must relocate existing piping to accommodate the "Irwin Street Drainage Improvements," and WHEREAS, for the mutual benefit of the parties the CITY shall combine the DISTRICT project into one project named "Andersen Drive Project", Volume II containing the DISTRICT's relocation of facilities and Volume III containing the DISTRICT's Andersen Drive Sanitary Sewer Improvements; and WHEREAS, both parties desire to make the above -said public improvements in 1996-97 and believe that cost -savings may be achieved if a single contract is issued for all the work desired to be completed by all agencies; and WHEREAS, the DISTRICT and CITY are authorized 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, IT IS HEREBY RESOLVED that the City Council of the City of San Rafael does hereby Authorize the Mayor to Enter into an Agreement with San Rafael Sanitation District for bidding, contracting, and construction management of Andersen Drive Project and Andersen Drive Sanitary Sewer Improvements in a form approved by the City Attorney. 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 City Council held on Monday, the 6th day of May 1996, by the following vote, to wit: AYES • COUNCILMEMBERS• Cohen, Heller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE,�LEONCII�II, City Clerk 0 G R i I 'tsl F AGREEMENT BETWEEN SAN RAFAEL SANITATION DISTRICT AND CITY OF SAN RAFAEL FOR BIDDING, CONTRACTING, AND CONSTRUCTION MANAGEMENT OF ANDERSEN DRIVE PROJECT AND ANDERSEN DRIVE SANITARY SEWER IMPROVEMENTS This agreement is made and entered into this 6th day of MAY , 1996, by and between the SAN RAFAEL SANITATION DISTRICT (DISTRICT) and the CITY OF SAN RAFAEL (CITY). RECITALS WHEREAS, THE CITY OF SAN RAFAEL wishes to undertake improvements named "Andersen Drive Extension" and "Irwin Street Drainage Improvements" and the MARIN MUNICIPAL WATER DISTRICT wishes to undertake improvements named "Andersen Drive Transmission Line" and the SAN RAFAEL SANITATION DISTRICT wishes to undertake improvements named "Andersen Drive Sanitary Sewer Improvements" and to the mutual benefit of all parties these projects have been combined into one project named "Andersen Drive Project". The Andersen Drive Project comprises four sets of plans and special provisions that are presented in the following four Volumes: Volume I -- Andersen Drive Extension: Andersen Drive Extension is the primary element of the project, and is to be constructed for the CITY OF SAN RAFAEL and the SAN RAFAEL REDEVELOPMENT AGENCY. The work includes a 1.5 mile extension and widening of Andersen Drive, and improvements to Albert Park and "A" Street between Albert Park and 3rd Street. The roadway project begins at the intersection of 3rd Street and "A" Street, and ends at the intersection of Simms Street and Andersen Drive. The project will integrate new landscaping, P.G.&E. transmission lines, an undercrossing of Route 101, a public bikepath/walkway, a bridge crossing Mahon Creek, and new wetlands. New signalized intersections will be provided at four road crossings, and several intersections will be modified. Volume II -- Irwin Street Drainage Improvements, Stage I: This part of the project is to be constructed for the SAN RAFAEL REDEVELOPMENT AGENCY. The work includes stormwater drainage improvements on Irwin Street from West Francisco Boulevard to Andersen Drive Extension, and along Andersen Drive Extension from Irwin Street in a northwesterly direction. Volume III -- Andersen Drive Transmission Line: This part of the project is to be constructed for the MARIN MUNICIPAL WATER DISTRICT, under an agreement with the CITY OF SAN RAFAEL. The work involves the installation of a new 18" diameter water main on "A" Street, from Fourth Street and along the full length of the Andersen Drive Extension ("A" Street to West Francisco Boulevard). Volume IV -- Andersen Drive Sanitary Sewer Improvements: The final portion 'of the project is to be constructed for the SAN RAFAEL SANITATION DISTRICT, under an agreement with the CITY OF SAN RAFAEL. The work includes the construction of AGREEMENT BETWEEN SAN RAFAEL SANITr, .. JN DISTRICT AND CITY OF SAN RAFAEL FORBIDDING, CONTRACTING, AND CONSTRUCTION MANAGEMENT OF ANDERSEN DRIVE PROJECT AND IRWIN STREET DRAINAGE IMPROVEMENTS, STAGE I Page 2 o/ 6 gravity sewers along Andersen Drive, Andersen Drive Extension and Gary Place; sliplining an existing CMP sewer in easements extending from West Francisco Boulevard to Manhole No. 2; and the construction of a new pump station and force main at the intersection of Andersen Drive and West Francisco Boulevard. WHEREAS, the DISTRICT wishes to construct "Andersen Drive Sanitary Sewer Improvements", a sanitary sewer and pump station construction project located within Andersen Drive (as shown in Volume IV of the project plans and must relocate existing piping to accommodate the Irwin Street Drainage Improvements, Stage I, (as shown in Volume II of the project plans); and . WHEREAS, both parties desire to make the above -said public improvements in 1996-97 and believe that cost -savings may be achieved if a single contract is issued for all the work desired to be completed by all agencies; and WHEREAS, the DISTRICT is authorized pursuant to CITY 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: PROJECT COORDINATION 1. All notices and other communications required or permitted to be given under this Agreement 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. To: DISTRICT David M. Bernardi San Rafael Sanitation District 1313 Fifth Avenue San Rafael, CA 94901 To: CITY Andrew Preston City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 2. DISTRICT. The District Administrator shall be the representative of the DISTRICT for all purposes under this Agreement, and shall be responsible for all aspects of the progress and execution of this Agreement. 3. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The Senior Civil Engineer, Andrew Preston is hereby designated as the Project Director for CITY, and said Project Director shall be responsible for all aspects of the progress and execution of this Agreement. DUTIES OF CITY AGREEMENT BETWEEN SAN RAFAEL SANI'1.. , .ON DISTRICT AND CITY OF SAN RAFAEL FORBIDDING, CONTRACTING, AND CONSTRUCTION MANAGEMENT OF ANDERSEN DRIVE PROJECT AND IRWIN STREET DRAINAGE IMPROVEMENTS, STAGE I Page 3 of 6 1 . CITY shall incorporate within the scope of its contract for the Irwin Street Storm Drainage Project, the plans and specifications for the relocation of existing DISTRICT's facilities. 2. CITY shall incorporate within the scope of its contract for the Andersen Drive Project, the plans and specifications for the installation of the DISTRICT's facilities as shown in Volume IV Andersen Drive Sanitary Sewer Improvements. 3. CITY shall advertise and award said contract pursuant to its competitive bidding procedure to that Bidder who enters the lowest responsive and responsible bid for all work. The CITY may elect to reject any and all bids at its sole discretion. 4. CITY shall award said contract, or reject all bids, within 60 days of the bid opening. 5. CITY 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 CITY under said contract. 6. CITY shall be responsible for the Project Administration and Construction Management of the entire Andersen Drive Project, including Volumes I. II, III, and IV. These duties shall include: general inspection, progress payment preparation, change order preparation, schedule review, claims negotiation, meeting attendance, project reports, labor, wage, and DBE compliance, utility coordination, project documentation, as -built plans, and overall project administration. DUTIES OF DISTRICT 1. The DISTRICT shall reimburse CITY for sanitary sewer installation costs per bid item unit costs, as listed in the Volumes II and IV of the Andersen Drive Project 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 the bid shall be made without approval by the DISTRICT. The DISTRICT shall state to CITY the former's approval or disapproval of each progress payment request, as it relates to DISTRICT items, in writing and within 7 calendar days of receiving the progress payment request. The DISTRICT will remit payment to CITY within 21 calendar days of receipt of a progress payment request. 2. The DISTRICT shall provide inspection services for all sanitary sewer facility construction items related in Volume II and IV of the Andersen Drive Project. The DISTRICT shall review all submittals required by the pipeline specifications. CITY shall be responsible to enforce the DISTRICT decisions regarding the sanitary sewer work upon the Contractor. 3. The DISTRICT shall order all trench compaction testing on DISTRICT's pipeline work and coordinate such testing through the CITY. AGREEMENT BETWEEN SAN RAFAEL SANITh , , ON DISTRICT AND CITY OF SAN RAFAEL FORBIDDING, CONTRACTING, AND CONSTRUCTION MANAGEMENT OF ANDERSEN DRIVE PROJECT AND IRWIN STREET DRAINAGE IMPROVEMENTS, STAGE I Page 4 of 6 4. The DISTRICT shall reimburse the CITY for CITY expended design costs related to DISTRICT's Volume IV plans and specifications for Andersen Drive Project and the administrative services involved in advertising and bidding the project. The fixed fee for this work is $3600 plus reproduction costs. 5. The DISTRICT shall reimburse the City $10,000 (ten thousand dollars) for the DISTRICT's share of the Project Administration and Construction Management. The DISTRICT shall reimburse the CITY upon activation of the sanitary sewer line. 6. The DISTRICT shall indemnify, release, defend and hold harmless the CITY, its officers, and employees, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fee, arising out of or resulting in any way, in whole or in part, from CITY's performance of its duties as provided hereunder, including claims related to payments due to the Contractor or geotechnical services consultant for the work specified in the bid documents as well as for alleged extra work. 7. The DISTRICT shall have CITY named as an additional insured on any DISTRICT liability insurance policies, or in any liability insurance pools in which the DISTRICT is a member, in an amount up to $1,000,000, and shall provide CITY with an endorsement or certificate, in a form satisfactory to CITY, evidencing such coverage, and specifying that such coverage shall not be terminated without 30 days advance written notice to CITY. DUTIES OF CITY AND DISTRICT 1. CITY shall retain a geotechnical services to provide all necessary trench compaction testing. The DISTRICT shall reimburse CITY for geotechnical trench compaction testing costs on a per test unit cost basis. The DISTRICT shall review the geotechnical submittal for payment, and no payment to the Geotechnical shall be made without approval by the DISTRICT. The DISTRICT will remit payment to CITY within 21 calendar days of receipt of a copy of CITY's payment request for Geotechnical testing services. 2. The parties hereto agree that CITY 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. 3. 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. AGREEMENT BETWEEN SAN RAFAEL SANTA, ...N DISTRICT AND CITY OF SAN RAFAEL FORBIDDING, CONTRACTING, AND CONSTRUCTION MANAGEMENT OF ANDERSEN DRIVE PROJECT AND IRWIN STREET DRAINAGE IMPROVEMENTS, STAGE I Page 5 of 6 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. DISPUTE RESOLUTION The following provision shall apply to all claims not subject to Public Contracts Code Sections 20104 et seq.: 1. MEDIATION. 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) 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 fording that there is no possibility of resolution. 2. ARBITRATION. At the election of the DISTRICT or CITY, 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 Mediation Services, Inc. (JAMS). The parties to an arbitration may agree in writing to use different rules and/or arbitrators. MISCELLANEOUS TERMS 1. This Agreement shall be for a term ending upon the DISTRICT's acceptance of the DISTRICT improvements provided herein, provided that DISTRICT's reimbursement and indemnification duties as specified above shall continue following the end of such term, and provided, further, that this Agreement may be terminated, without cause, by either party, upon ten (10) days advance written notice to the other party following CITY's rejection of bids as provided herein, and may be terminated, with cause, by either party, upon ten (10) days advance written notice to the other party following the notified party's failure to cure or correct the cause of termination notice, within thirty (30) days receipt of said notice. AGREEMENT BETWEEN SAN RAFAEL SANITATION DISTRICT AND CITY OF SAN RAFAEL FORBIDDING, CONTRACTING, AND CONSTRUCTION MANAGEMENT OF ANDERSEN DRIVE PROJECT AND IRWIN STREET DRAINAGE IMPROVEMENTS, STAGE I Page 6 of 6 2. 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 reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 3. The terms and conditions of this Agreement represent the entire agreement between the parties with respect to the subject matter of this Agreement, and this Agreement shall not be altered or modified except by a written amendment to this Agreement executed by the parties. CITY OF SAN RAFAEL Albert J. Bor Mayor Approved as to Form: By: f�� 7ILY4. cs� Gary T. Ragghianti City Attorney Attest: SAN RAFAEL SANITATION DISTRICT By: Albert J. Boro Approved as to Form: By. Jack F. Govi Deputy County Counsel Attest: By.J�Leonciiiii �-••h-�� By: City Clerk Paul M. Cohen Secretary