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
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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