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HomeMy WebLinkAboutCC Resolution 9486 (Lucas Valley Interchange Improvements)RESOLUTION NO. 9 4 8 6 RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING PROPOSAL FROM GEOCON ENVIRONMENTAL FOR AERIAL LEAD DEPOSITION TESTING FOR THE LUCAS VALLEY INTERCHANGE IMPROVEMENTS PROJECT IN THE AMOUNT OF $8,124. WHEREAS, the City had requested proposals from qualified firms to perform aerial lead deposition testing, and; acceptable. WHEREAS, three proposals were received, and; WHEREAS, staff have reviewed the proposal from the low bidder and find it NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of San Rafael does hereby adopt the proposal from GEOCON ENVIRONMENTAL for aerial lead deposition testing in the amount of $8,124. IT IS FURTHER RESOLVED that the Director of Public Works enter into an agreement with GEOCON ENVIRONMENTAL for subject proposal. 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 Council of said City on Monday, the 16th day of October, 1995, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller /1i• J E M. LEON 'INI, City Clerk OR I G I laig A I a� City of San Rafael • California Department of Public Works PROPOSAL TO: The City Council of the City of San Rafael September 22, 1995 In compliance with your invitation for bids dated September 7, 1995 the undersigned hereby proposes to furnish all labor, equipment and materials for the project entitled: Aerial Lead Deposition Testing at Lucas Valley Road Interchange All work will be performed in strict accordance with the Plans, Specifications, and Contract Documents. In consideration of the following amount(s) attached hereto, the undersigned further agrees that, upon written of the acceptance of this bid, he will: 1. Execute a contract within 3 working days upon formal notification of the acceptance of this Proposal . 2. Provide Insurance in accordance with the Contract Documents and the following amounts: Public Liability - Not less than $500,000 per person and $1,000,000 for one occurence. Property Damage - Not less than $500,000 for one occurence. 5. Obtain a City Business License prior to the commencement of work. 6. Commence the work ccithin 7 calendar days after the date of receipt of a .vritten "Notice to Proceed." 7. C.,- 1ZI/.. ..--- I. -I—' .. V1 wariting _ t1i tic. (1 o. r, ...- ._'77 _ The representations made below are made under penalty of perjury. The undersigned acknowledges receipt of the following addenda: NO . 1 Write Addendum No's GEOCON ENVIRONMENTAL CALIFORNIA Name of Firm State of Incorporation 3235 SUNRISE BLVD. SUITE #6 Business Address RANCHO CORDOVA CA 95742 X916 852-9118 City State Zip Code Phone N/A Valid Contractor Class of License Expiration Date JOHN JUHREND,REGIONAL MANAGER ignatur Responsible Offical Title of Official JAMES E. LIKINS, PRESIDENT Names of All Partners CITY QFZM) RAFAEL ACCEPTED AND ADO TED: '?,� LCkAYs6 ` DAW':D' RNARD , Director of Puf l is Works DATED: October 16, 1995 you,,, ATTEST: �,� 11,. CITY CLERK LUCAS VALLEY INTERCHANGE IMPROVEMENTS AERIAL LEAD DEPOSITION TESTING CITY OF SAN RAFAEL ADDENDUM NO. 1 PLEASE ACKNOWLEDGE THIS ADDENDUM (NO. 1) ON PAGE 1 OF THE BID PROPOSAL. THIS SHEET SUPERSEDES PAGE 2 OF THE ORIGINAL BID PROPOSAL SHEET 2. The following items are changes to the original project description: • Dnun disposal is not an extra work item. • Traffic control shall include a mandatory shoulder closure %vithin the project limits. ':'tip aft -r. _ � 4?q The Registered Geologist is not required to be on-site for the actual soil sampling work. NOTE: 'n the event of er.-r or conflict in :.`._ prices set forth ce-low, the 4Unit ?::c_' will govern. In the went tha: the "Unit Pric :s illegible or :-_:stinguishable it shall be established bv dividing the 'Total Prce" by "Number of Ur.::s." NO. ITEM QUANTITY UNITS _NIT PRICE TOTAL PRICE I. Develop Work Plan 2. Develop Health oe Saftly 500.00 Paan ( 1 ) 3. Soil Sampling 4. Administration/me-_=gs (2) 5. T sting/Analysis (3) ,5. Miscellaneous Test_-:; %. T: r: is Control __rations _c:: Investigaticn (4)8. `•ia:er:al Disposal 1 LS 500.00 500.00 1 LS c% 300.00 300.00 16 __rations ct 150.00 2,400.00 1 LS 1,000.00 1,000.00 1 LS g2,304.00 = 2,304.00 1 LS 20.00 = 20.00 i LS c 300.00 300.00 LS 11,000.00= 11000.00 1 L -S 300.00 = 300.00 3rZAND TOTAL 910 5 8, 124. 00 NOTES: (1) Based on 4 borings at each sample station (location) and 3 samples per boring (12 samples per location) (2) 192 total lead analyses (3) 4 soil pH analyses (4) One 55 -gallon drum (5) Additional lab analyses as extra work AGREEMENT FOR AERIAL LEAD DEPOSITION TESTING AT LUCAS VALLEY ROAD INTERCHANGE This Agreement is made and entered into this 16th day of October, 1995, by and between the CITY OF SAN RAFAEL(hereinafter "CITY"), and Geocon Environmental (hereinafter "CONSULTANT"). RECITALS / WHEREAS, the goal of this project is to sample and test the soils adjacent to Highway 101 near Lucas Valley Road Interchange to demarcate and quantify the amounts of contaminated and/or hazardous soluble lead in the soil. "q 7 77,11 f1s AGREEMENT �/1a6'�f� /,f�tii.vG- G�� 77G/✓� ,�c/O ,Q�1 NOW, THEREFORE, the parties hereby agree as follows: 1. DEFINITIONS. 2. PROJECT COORDINATION. A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The Assistant Executive Director (Public Works) is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONSULTANT. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. John Juhrend is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the CONSULTANT shall notify the CITY within ten (10) business days of the substitution. 3. DUTIES OF CONSULTANT. CONSULTANT shall perform the duties and/or provide services as follows: as described in Exhibit "A" attached and incorporated herein. Exhibit "A" is entitled "PROPOSAL - Aerial Lead Deposition Testing at Lucas Valley Road Interchange." 4. DUTIES OF CITY. CITY shall perform the duties as follows as described in Exhibit "A" attached and incorporated herein. Exhibit "A" is entitled "PROPOSAL - Aerial Lead Deposition Testing at Lucas Valley Road Interchange." 5. COMPENSATION. For the full performance of the services described herein by CONSULTANT, CITY shall pay CONSULTANT as described in Exhibit "A" attached and incorporated herein. Lucas Valley Road Interchange Aerial Lead Deposition Testing Agreement • 1 co y Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONSULTANT. 6. TERM OF AGREEMENT. The term of this Agreement shall be for two (2) years commencing after a Notice to Proceed is issued and ending two years thereafter. Upon mutual agreement of the parties, and subject to the approval of the City Manager, the term of this Agreement shall be extended for an additional period of time. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon ten (10) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination notice, to the reasonable satisfaction of the party giving such notice, within thirty (30) days of the receipt of said notice. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONSULTANT and any and all of CONSULTANT's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 8. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONSULTANT in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 9. INSPECTION AND AUDIT. Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONSULTANT in connection with its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY or its agent in any such audit or inspection. 10. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 11. INSURANCE. Lucas Valley Road Interchange Aerial Lead Deposition Testing Agreement • 2 A. During the term of this Agreement, CONSULTANT shall maintain, at no expense to CITY, the following insurance policies: 1. A comprehensive general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage; 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence; 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million $1,000,000) dollars to cover any claims arising out of the CONSULTANT's performance of services under this Agreement. B. The insurance coverage required of the CONSULTANT by section 11. A., shall also meet the following requirements: 1. The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITTs insurance or coverage for any contribution; 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury; 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, and employees as additionally named insureds under the policies; 4. CONSULTANT shall provide to PROJECT MANAGER, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents and employees, as additional insureds under the policies; 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to CITTs PROJECT MANAGER; 6. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years• 7. The insurance policies sh provide for a retroactive date of placement coinciding with the effective date of this Agreement; 8. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the CITY Attorney. C. If it employs any person, CONSULTANT shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONSULTANT and CITY against all liability for injuries to CONSULTANT's officers and employees. Lucas Valley Road Interchange Aerial Lead Deposition Testing Agreement • 3 D. Any deductibles or self-insured retentions in CONSULTANT's insurance policies must be declared to and approved by the PROJECT MANAGER and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 12. INDEMNIFICATION. CONSULTANT shall indemnify, release,' --and hold h ss CITY, its officers, and employees, against any claim, demand, suit, dgment, loss, liability or expense of any kind, including attorney's fees arising out of or resulting in any way, in whole or in part, from any acts or omissions, of CONSULTANT or CONSULTANT's officers, agents and employees in the performance of their duties and obligations under this Agreement. 13. NONDISCRIMINATION. CONSULTANT shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 14. COMPLIANCE WITH ALL LAWS. CONSULTANT shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONSULTANT shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONSULTANT shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 15. NO THIRD PARTY BENEFICIARIES. CITY and CONSULTANT do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 16. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of 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: CITY David M. Bernardi City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 944915-1560 To: CONSULTANT John Juhrend Geocon Environmental 3235 Sunrise Bl. Suite #6 Rancho Cordova, CA 95742 Lucas Valley Road Interchange Aerial Lead Deposition Testing Agreement • 4 17. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONSULTANT and CITY expressly intend and agree that the status of CONSULTANT, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 18. ENTIRE AGREEMENT — AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONSULTANT and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONSULTANT and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 19. SET-OFF AGAINST DEBTS. CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT under this Agreement, any monies which CONSULTANT owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 20. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 21. COSTS AND ATTORNEY'S FEES. 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 Lucas Valley Road Interchange Aerial Lead Deposition Testing Agreement • 5 recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 22. CITY BUSINESS LICENSE / OTHER TAXES. CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONSULTANT shall pay any and all state and federal taxes and any other a li able taxes. CONSULTANT's taxpayer identification number is 33 -033 X907, and CONSULTANT certifies under penalty of perjury that said taxpayer identification number is correct. 23. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CI"O SAN RAF Director of Public Works ATTEST: N C2'ity Clerk I r D � AP n / City Attorney CONSULTANT By: Name: JOHN JUHREND Title: VICE-PRESIDENT Lucas Valley Road Interchange Aerial Lead Deposition Testing Agreement • 6 City of San Rafael • Califomla EXHIBIT "A" Department of Public Works PROPOSAL TO: the City Council of the City of San Rafael September 22,1995 In compliance with your invitation for bids dated September 7, 1995 the underaigned hereby proposes to furnish all labor, equipment and materials for the project entitled: Aerial Lead Deposition Testing at Lum Valloy Road Interehange All work will be performed in strict accordance with the Plans, Specifications, and r..nntmet Documento. in eansideratlas, wf the following amount(s) attached hereto, the undersigned further ag=s that, upon written of the acceptance of this bid, he will: 1. Execute Ek C9nt=t within 3 wnrking days upon formal natifendan of lLa av=piance of this Proposal. 2. provide insurance in accordance with the Contract Documents and the following amnunts: PnbHe Liability Not less than $900,000 per person and $1,000,000 for one seeuranAa. P...rwaLy Dsu.+stae - Noc Lees than *NM,WU for one occurence. 5. Obtain a City Business License prior to the commencement of work. 6. Commence the work within 7 calendar days after thq date.Qf rrxxil'e of a--ivritten 'Notice to Proceed.' T. * Z .1 _ ,_._ . «,..„ e W ... U ...'s day a atevealF�e�. The mpresentations made below are made under penalty of perjury. The undersigned acknowledges receipt of the following addenda: 140.1 Whine Addendum No's OZCCON ENVIRONMENTAL CALIFORNIA Name of Pirm state of lncmrpWabon 3235 SUNRISE BLVD. SUITE #6 eaainees Address RANCHO CORDOVA CA 95742 r )916 852-9128 City State tip Code Phone N{A Valid C ossa of ukease Fgim4m Dam JOHN JUHREND,REGIONAL MANAGEk( lc Tide oi0t6eid JAMES E. LIKINS, PRESIDENT Names of All Partners post4r Fox Note 7671 °s1° P17.,l � 8,R" 7,* Fno„a t Pna+e ayo 'Ka. lee F"fiFEKd LUCAS VALLEY INTERCHANGE IMPROVEMENTS AERIAL LEAD DEPOSITION TESTING CITY OF SAN RAIIAEL EXHIBIT "A" ADDENDUM NO.1 PLEASE ACKNOWLEDGE THIS ADDENDUM (N0. 1) ON PAGE 1 OF THE BID PROPOSAL. THIS SHEET SUPERSEDES PAGE 2 OF THE ORIGINAL 810 PROPOSAL SHEET ? The fallowing items are changes to the ori6mi project description: • Drum disposal is trot an extra work :tem. • Trafric control shall include a mandatory shoulder closure within the project limits. 0 WM begin —04-- • The Registered Geologist is not required, to be on-site for the actual soil sampling work. NCMEo In the event of en -or or conflict in :-w prices set fore: below, the -Unit ?ricz- will govern. In the `vent tha: the 'link Pfict- :s illegible or :.- _:tinguishabk it ::tall be established by dividing the'Total Price" by ht 'Number of Ur.: -.s.' No. ITEM CVANMY Mrs WMrPACE TOTAL l PRlcs i. Develop work Plan 2. Dcrelop Health a Seen.- eanPlan 500.00 Plan (1) 3. Soil Sampling 4. Admirietrasien/m=•s-ss (2) s. Tasting/Anvdysig (3) 3. Miscellaneous Test=.; T. T=i,c Control %. Sc,-; investigation i;=;:r: (4) 8. M"waW Disposal I LS 1 500.00 500.00 1 LS IJ 300.00 300.00 16 ::cations 0 150.00 2,400-00 : Ls `a 1,000.00 10000.00 1 L3 2,304.00 = 2,304.00 1 LS 20.00 = 20.00 1 LS 300.00 300.00 1 LS 11000.00= 11000.00 1 LS 9 3UO.00 ;e 300.00 GRAND TOTAL BIC S 8, 124 - 00 NOTES -- /•.L (1) Based on 4 borings at each sample station (location) and 3 samples per boring (12 samples per Location) (2) 192 total lead analyses (3) 4 soil pH analyses (4) One 55 -gallon drum (5) Additional lab analyseg an extra Work