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HomeMy WebLinkAboutCC Resolution 11605 (Fifth Ave. Storm Drain Impr. Cost Sharing)RESOLUTION NO. 11605 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE A COST SHARING AGREEMENT WITH THE SAN RAFAEL ELEMENTARY SCHOOL DISTRICT FOR THE FIFTH AVENUE STORM DRAIN IMPROVEMENTS AT SUN VALLEY SCHOOL PROJECT BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, the San Rafael Elementary School District (hereinafter "DISTRICT") desires to alleviate flooding problems experienced at the Sun Valley Elementary School during winter storms; and WHEREAS, the DISTRICT and the City of San Rafael (hereinafter "CITY") have designed a new storm drain system through the Sun Valley Elementary School property that will correct the existing drainage problem; and WHEREAS, the DISTRICT and the CITY will both benefit from the installation of the new storm drain system improvements on the Sun Valley Elementary School property, and desire to enter into an Agreement regarding installation and maintenance of such improvements; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael, that the City Council hereby adopts the resolution authorizing the City Manager to execute a cost sharing agreement with the San Rafael Elementary School District in the 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 Council of said City on the 19th day of July, 2004 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE �'k MLEONCNI, City Clerk File No.: 08.02.233 AGREEMENT REGARDING COST SHARING FOR DRAINAGE PROJECT AND RELATED EASEMENT AT SUN VALLEY ELEMENTARY SCHOOL This Agreement is made and entered into this day of )2004, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and the SAN RAFAEL ELEMENTARY SCHOOL DISTRICT (hereinafter "DISTRICT"). WHEREAS, the DISTRICT desires to alleviate flooding problems experienced at the Sun Valley Elementary School during winter storms; and WHEREAS, the CITY has designed a new storm drain system through the Sun Valley Elementary School property, based upon the recommendations and analysis of an independent civil engineering firm, to correct the existing drainage problem on the property; and WHEREAS, the DISTRICT and the CITY will both benefit from the installation of the new storm drain system improvements on the Sun Valley Elementary School property, and desire to enter into an Agreement regarding installation and maintenance of such improvements. NOW, THEREFORE, the parties hereby agree as follows: A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The Public Works Director 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. DISTRICT. DISTRICT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for DISTRICT. The DISTRICT's Director of Facilities Management is hereby designated as the PROJECT DIRECTOR for DISTRICT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the DISTRICT shall notify the CITY within ten (10) business days of the substitution. 2. DEFINITIONS. A. The "Project" consists of the construction of a new 48 inch storm drain pipeline and ancillary drainage improvements through the DISTRICT's property ("Property"), commonly known as the "Sun Valley Elementary School", located at 75 Happy Lane, in the City of San Rafael (AP No. 10-05-33), and connection of such new 48 inch storm drain pipeline to the existing 36 inch storm drain pipeline at the first manhole on the western end of the Property, as more fully shown on the plans entitled "Fifth Avenue Storm Drain Improvement at Sun Valley School", prepared by DES Architects/Engineers, dated June 30, 2004. B. "Project Costs" include the following: i. Costs paid by the CITY to DES Architects/Engineers for Project Engineering Design and preparation of plans and specifications. ii. Reproduction and printing costs incurred by the CITY for the plans and specifications. iii. Materials costs incurred by the CITY for the Project, including the 48 inch PVC pipe and miscellaneous materials. iv. Total construction costs for the Project as paid by the CITY to the contractor awarded the bid for the Project, including payments under approved change orders. V. Costs paid by the CITY to DES Architects/Engineers for preparation of legal documents for grant of a new Storm Drain Easement to the CITY and abandonment of the CITY's previously existing easement rights on the Property. 1 ' ►1: 11 • ' •: 1 A. CITY shall: be the Lead Agency on the Project, assuming responsibility for all Project permits, inspections, and approvals, and compliance with CEQA. ii. enter into and administer an Agreement with DES Architects/Engineers for Project design and engineering, preparation of plans and specifications, and preparation of legal documents for grant of a new storm drain easement to the CITY and abandonment of existing easement(s) to the CITY. iii. competitively bid the Project pursuant to Chapter 11.50 of the San Rafael Municipal Code and in conformance with applicable CITY standards and procedures. iv. enter into a construction agreement for the Project with the contractor awarded the bid. 2 V. purchase the 48 inch PVC pipe and any miscellaneous materials required for the Project that are not covered by the construction agreement. vi. administer the construction agreement for the Project, including making payments to the contractor. vii. coordinate Project work with appropriate DISTRICT personnel, including providing DISTRICT with copies of the Project specifications, the agreement with the contractor, any proposed and approved change orders, any timeline schedules, and any other written communications between the CITY and the contractor regarding the Project. viii. conduct proceedings before the city council, immediately following issuance of the Notice of Completion on the Project, to vacate the CITY's storm drain easements existing on the Property as of the date of this Agreement that are no longer needed by the CITY. ix. pay 50% of the Project Costs, and bill the DISTRICT for the remaining 50% of the Project Costs. B. DISTRICT shall: pay the CITY for 50% the Project Costs as they are incurred by the CITY, within fifteen (15) days following billing by the CITY. ii. provide access to the Property by DES Architects/Engineers and its subcontractors. iii. provide access to the Property by the CITY's employees and agents, the contractor awarded the construction agreement and its subcontractors, and in the event of a default by the contractor, the bonding company and its agents, to complete the Project. iv. permit the CITY and the contractor awarded the construction agreement and its subcontractors to temporarily store equipment and materials necessary for the Project on the Property adjacent to the path of the new pipeline. V. coordinate use of the Property by the District and its employees and agents so as to minimize interference with the Project, including providing CITY with copies of plans and specifications and contract documents for the DISTRICT's Happy Lane drainage project, any proposed and approved changes orders for such project, and any timeline schedules for such project. vi. execute and deliver to the CITY a Grant of Easement for Storm Drain for acceptance by the CITY on or before August 2, 2004, in the form attached 3 hereto as Exhibit "A". MILIMMON The term of this Agreement shall continue until the Project is completed. Upon reasonable notice, CITY shall make available to DISTRICT, for inspection and audit, all documents and materials maintained by CITY in connection with its performance of its duties under this Agreement. A. CITY shall require the contractor awarded the construction agreement for the Project, and its subcontractors, to maintain the following insurance policies during the term of this Agreement: 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 performance of services under the construction contract for the Project. B. The insurance coverage required of the construction contractor and its subcontractors 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 DISTRICT and shall not call upon CITY's or DISTRICT's 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 and the DISTRICT, their officers, agents, employees, and volunteers, as additionally named insureds under the policies. 4. The construction contractor and its subcontractors shall provide to CITY and the DISTRICT (a) Certificates of Insurance evidencing the insurance coverage required herein, 4 and (b) specific endorsements naming CITY and the DISTRICT, their officers, agents, employees, and volunteers, as additional named insureds under the policies, and providing 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 CITY and DISTRICT. 1►1D u1►11 IE- orI DISTRICT shall indemnify, release, defend and hold harmless CITY, 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, intentional or negligent, of DISTRICT or DISTRICT's officers, agents and employees in the performance of their duties and obligations under this Agreement. CITY shall indemnify, release, defend and hold harmless DISTRICT, 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, intentional or negligent, of CITY or CITY's officers, agents and employees in the performance of their duties and obligations under this Agreement. 10. NOTTC:RR. 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: Andy Preston Public Works Director City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 944915-1560 TO DISTRICT: Dwight Fanning Director of Facilities Management San Rafael City Schools 310 Nova Albion Way San Rafael, CA 94903 5 ► 1: NJ in ► I MENl a ►ION a ► 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 DISTRICT 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 DISTRICT 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. PWIMMPIVUV\'- 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. MINERUGM• 5111: • R 611 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 its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 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. 6 CITY OF SAN RAFAEL C - ROD GOULD, City Manager ATTEST: JE M. LEONC �Ciderk APPROVED AS TO FORM: SAN RAFAEL ELEMENTARY SCHOOL DISTRICT By: Nam . Qczl-'K� ©���trs�S Title: 6a-p� 4& d Z 0-,,,, --�- G TOC - GARY T. RAGGHIANTI, City Attorney 7 RECORDING REQUESTED, AND WHEN RECORDED RETURN TO: Jeanne M. Leoncini, City Clerk City of San Rafael, P.O. Box 151560 San Rafael, CA 94915-1560 GRANT OF EASEMENT FOR STORM DRAIN SAN RAFAEL ELEMENTARY SCHOOL DISTRICT, of Marin County, California, which acquired title to the subject property as the San Rafael School District {the "Grantor"), does hereby grant to the CITY OF SAN RAFAEL, a charter city (the "Grantee"), for valuable consideration, an easement over, upon, across, along, through and under the following described strip of land situated in the City of San Rafael, County of Marin, State of California, described as follows: A strip of land 20 feet in width, lying ten (10) feet on each side of the following described centerline: [Legal description to be inserted] Said easement shall be held and used by the Grantee for the purposes of constructing, installing, maintaining, repairing, reconstructing, replacing, or operating an underground public stone drain system and related appurtenances, within the bounds of such easement, provided that following any disturbance by Grantee of the existing ground surface, Grantee shall restore the ground surface to its prior condition. Said easement also shall include the Grantee's right of ingress and egress thereto and therefrom and upon every part thereof for all uses necessarily incident to the Grantee's use of the easement for any of the aforementioned purposes. In witness whereof, the Grantor has executed this instrument as set forth below. Dated: 12004 SAN RAFAEL ELEMENTARY SCHOOL DISTRICT By: President By: Secretary EXHIBI I A