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HomeMy WebLinkAboutCC Resolution 9583 (Andersen Drive Project)RESOLUTION NO.9 5 8 3 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH MARIN MUNICIPAL WATER DISTRICT FOR BIDDING, CONTRACTING, AND CONSTRUCTION MANAGEMENT OF ANDERSEN DRIVE PROJECT AND IRWIN STREET DRAINAGE IMPROVEMENTS, STAGE I. 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 Marin Municipal Water District (DISTRICT) for Bidding, Contracting, and Construction Management for Andersen Drive Project and Irwin Street Drainage Improvements, Stage I, 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 Transmission Line" 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 Transmission Line; 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 Water Code Section 71722 and 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, 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 Marin Municipal Water District for bidding, contracting, and construction management of Andersen Drive Project and Irwin Street Drainage Improvements, Stage I, 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 15th day of April 1996, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None DISQUALIFIED: COUNCILMEMBERS: Zappetini (due to conflict of interest) JEA�PQNE M. LEONCI I, City Clerk MISC. AGREEMENT N0. 4078 AGREEMENT BETWEEN MARIN MUNICIPAL WATER DISTRICT AND CITY OF SAN RAFAEL FOR BIDDING, CONTRACTING, AND CONSTRUCTION MANAGEMENT OF ANDERSEN DRIVE PROJECT AND IRWIN STREET DRAINAGE IMPROVEMENTS, STAGE I This agreement is made and entered into this 15th day of APRIL , 1996, by and between the MARIN MUNICIPAL WATER DISTRICT (DISTRICT) and the CITY OF SAN RAFAEL (CITY). RECITALS 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 Transmission Line" 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 Transmission Line; 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 Water Code Section 71722 and 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 Kevin McDonnell Marin Municipal Water District 220 Nellen Avenue Corte Madera, CA 94925 1 To: CITY Andrew Preston City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 MISC. AGREEMENT NO. 4078 AGREEMENT BETWEEN MAR/NMUNICIPA.. [ER DISTRICTANDCITY OFSAN RAFAEL FOR BIDDING, CONTRACTING, AND CONSTRUCTION MANAGEMENT OF ANDERSEN DRIVE PROJECTAND /RW/N STREET DRAINAGE IMPROVEMENTS, STAGE/ 2. DISTRICT. The General Manager shall be the representative of the DISTRICT for all purposes under this Agreement. The Project Engineer, Kevin McDonnell is hereby designated as the Project Director for DISTRICT, and said Project Director 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 1. CITY shall incorporate within the scope of its contract for the Irwin Street Drainage Improvements, Stage 1, the plans and specifications for the relocation of existing DISTRICT's pipelines. 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 pipeline as shown in Volume III, Andersen Drive Transmission Line. 3. CITY shall require that the bidder 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. 4. 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. If the DISTRICT's share of the cost of said work as reflected in the amount of the lowest responsible bid exceeds their estimate of said work by 10%, the DISTRICT may request that said contract be readvertised, and the cost of said readvertisement shall be the sole responsibility of the DISTRICT. 5. CITY shall award said contract, or reject all bids, within 60 days of the bid opening. 6. CITY shall be responsible for the Project Administration and Construction Management of the entire Andersen Drive Project. 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. 7. The CITY shall indemnify, release, defend and hold harmless the DISTRICT, 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 2 MIST. AGREEMENT NO. 4078 AGREEMENT BETWEEN MARINMUNICIPh- ATER DISTRICT AND CITY OFSAN RAFAEL FOR BIDDING, CONTRACTING, AND CONSTRUCTION MANAGEMENT OF ANDERSEN DRIVE PROJECT AND IRWIN STREET DRAINAGE IMPROVEMENTS, STAGE] resulting in any way, in whole or in part, from CITY's performance of its rights and duties as provided hereunder. DUTIES OF DISTRICT 1. The DISTRICT shall reimburse CITY for pipeline installation costs per bid item unit costs, as listed in the Volume II and Volume III of the Andersen Drive Project bid less the DISTRICT's related costs of hydrant and irrigation service installations. DISTRICT also shall reimburse CITY for any approved extra or changed work. The DISTRICT shall review the CITY's progress payment estimate, and no payment to the Contractor for items shall be made without approval by the DISTRICT. The DISTRICT's written notice of approval or disapproval of each progress payment estimate, as it relates to DISTRICT items, shall be received by CITY within 7 calendar days of DISTRICT's receipt of progress payment estimate. The DISTRICT will remit payment to CITY within 21 calendar days of receipt of a progress payment estimate. 2. The DISTRICT shall furnish the pipeline materials stated in the contract specification to be furnished by DISTRICT. 3. The DISTRICT shall provide inspection services for all water facility construction related items in Volume II and III 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 pipeline work upon the Contractor. 4. The DISTRICT shall reimburse the CITY for CITY expended design costs related to DISTRICT's Volume III 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 $5000 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 water 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 DISTRICT's performance of its rights and duties as provided hereunder. 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. 3 MISC. AGREEMENT N 0 . 4078 AGREEMENT BETWEEN MARIN MUNICIPn_ .4TER DISTRICT AND CITY OF SAN RAFAEL FOR BIDDING, CONTRACTING, AND CONSTRUCTION MANAGEMENT OF ANDERSEN DRIVE PROJECT AND IRW/N STREET DRAINAGE IMPROVEMENTS, STAGE I DUTIES OF CITY AND DISTRICT 1. CITY shall retain geotechnical services to provide all necessary trench compaction testing which shall be ordered by the DISTRICT. The DISTRICT shall order all trench compaction testing on DISTRICT's pipeline work and coordinate such testing through the CITY. 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. 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. 4. CITY shall submit invoices for overlaying `A' Street from 3rd Street to 4th Street based upon the contractor's low bid unit prices from Volume I of the Andersen Drive Project. DISTRICT shall reimburse CITY within 21 calendar days for this work upon acceptance of such portion of work. 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 DISTRICT's and CITY's 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 0 1 I J C . AGREEMENT N O . 4078 AGREEMENT BETWEEN MARIN MUNICIP, ATER DISTRICT AND CITY OF SAN RAFAEL FOR BIDDING, CONTRACTING, AND CONSTRUCTION MANAGEMENT OF ANDERSEN DRIVE PROJECT AND IRWIN STREET DRAINAGE IMPROVEMENTS, STAGE I or correct the cause of termination notice, within thirty (30) days receipt of said notice. 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 By: Albert J. Boro Mayor Attest: nti , Cil Attorney By: -. Je Leoncin�Cityrk MARIN MUNICIPAL WATER DISTRICT 5 Approved as to Form: By: Attest: By: J