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