HomeMy WebLinkAboutCC Resolution 10756 (General Plan 2020 Hazardous Materials)RESOLUTION NO. 10756
RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A PROFESSIONAL
SERVICES AGREEMENT WITH MILLER PACIFIC ENGINEERING GROUP TO ASSIST
WITH THE PREPARATION OF BACKGROUND INFORMATION AND WITH POLICY
DEVELOPMENT PERTAINING TO THE GEOLOGIC, GEOTECHNICAL AND
HAZARDOUS MATERIALS COMPONENTS OF SAN RAFAEL GENERAL PLAN 2020
AND RELATED DOCUMENTS (P00-7)
(Term of Agreement from January 16, 2001 and ending on December 31, 2002 may be
continued an additional period of three months with approval of City Manager)
WHEREAS, the City of San Rafael has commenced a community process for the update of the
San Rafael General Plan, now called General Plan 2020; and,
WHEREAS, consultant assistance is needed to provide assistance with geologic, geotechnical and
hazardous materials components; and,
WHEREAS, the firm of Miller Pacific Engineering Group has the experience and expertise to
perform such services, having the extensive experience in California with
geotechnical issues as well as with policy development regarding public safety, and
having ably assisted the City with geotechnical services in the past.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael that it
hereby authorizes the City Manager to sign a Professional Services Agreement with
Miller Pacific Engineering Group, a copy of which is attached, to work with City
staff to provide geologic, geotechnical and hazardous materials components
assistance for San Rafael General Plan 2020, in an amount not to exceed $22,500.
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 16`x' day of January, 2001, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
A.
JEAKA MLEONCINI, City Clerk
ORIGINAL \0 ,
AGREEMENT FOR PROFESSIONAL SERVICES
WITH MILLER PACIFIC ENGINEERING GROUP TO PROVIDE PRFESSIONAL
PLANNING SERVICES TO ASSIST WITH THE PREPARATION OF
BACKGROUND INFORMATION AND WITH POLICY DEVELOPMENT
PERTAINING TO GEOLOGIC, GEOTECHNICAL AND HAZARDOUS
MATERIALS COMPONENTS IN SAN RAFAEL GENERAL PLAN 2020 AND
RELATED DOCUMENTS (P00-7)
This Agreement is made and entered into this 16'' day of January, 2001 by and
between the CITY OF SAN RAFAEL (hereinafter "CITY'), and Miller Pacific Engineering
Group, a California corporation (hereinafter "CONTRACTOR").
RECITALS
WHEREAS, the CITY has determined that professional environmental services are
required to assist staff with the preparation of the environmental impact report for the San
Rafael General Plan 2020; and,
WHEREAS, the CONTRACTOR has offered to render certain specialized
geologic, geotechnical and hazardous materials components professional services in
connection with this Project.
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. PROJECT COORDINATION.
A. CITY. The City Manager shall be the representative of the CITY for all
purposes under this Agreement. The Community Development 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. CONTRACTOR. CONTRACTOR shall assign a single PROJECT
DIRECTOR to have overall responsibility for the progress and execution of this Agreement
for CONTRACTOR. Scott A. Stephens is hereby designated as the PROJECT
DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the
execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the
CONTRACTOR shall notify the CITY within ten (10) business days of the substitution
2. DUTIES OF CONTRACTOR.
CONTRACTOR shall perform the duties and/or provide services as outlined in
Exhibt "A" attached and incorporated herein.
7
DUTIES OF CITY.
CITY shall pay the compensation as provided in Paragraph 4, and perform the
duties as follows: provide appropriate technical data as needed for background information,
development of general plan policies and completion of the environmental impact report;
oversee coordination between CONTRACTOR and other environmental consultants and
appropriate CITY staff; and, give adequate notice of required public meetings.
4. COMPENSATION.
For the full performance of the services described herein by CONTRACTOR,
CITY shall pay CONTRACTOR as described in Exhibit "A," in a total amount not to
exceed $22,500, attached and incorporated herein. Payment will be made monthly upon
receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR.
5. TERM OF AGREEMENT.
The term of this Agreement shall commence on January 16, 2001 and end on
December 31, 2002. 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
three months.
6. 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 fifteen
(15) 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, to the reasonable satisfaction of
the parry giving such notice, within such fifteen (15) day time period.
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 CONTRACTOR and any and all of CONTRACTOR'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.
7. OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by the CONTRACTOR in
connection with the performance of its duties under this Agreement, shall be the sole
2
property of CITY. CITY may use said property for any purpose, including projects not
contemplated by this Agreement.
8. INSPECTION AND AUDIT.
Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for
inspection and audit, all documents and materials maintained by CONTRACTOR in connection
with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate
with CITY or its agent in any such audit or inspection.
9. 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 parry, and any attempt to so assign this Agreement or any rights, duties or obligations
arising hereunder shall be void and of no effect.
10. INSURANCE.
A. During the term of this Agreement, CONTRACTOR 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 CONTRACTOR's
performance of services under this Agreement.
B. The insurance coverage required of the CONTRACTOR 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 CITY'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
3. Except for professional liability insurance, the insurance policies shall be
specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as
additionally named insureds under the policies.
4. CONTRACTOR shall provide to City's Risk Manager, (a) Certificates of
Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming
CITY, its officers, agents, employees, and volunteers, as additional named 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 City's Risk 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 shall 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, CONTRACTOR 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 CONTRACTOR and CITY against all liability
for injuries to CONTRACTOR's officers and employees.
D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies
must be declared to and approved by the City's Risk 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 CONTRACTOR shall procure a bond guaranteeing payment
of losses and related investigations, claims administration, attorney's fees and defense expenses.
11. INDEMNIFICATION.
CONTRACTOR 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
CONTRACTOR or CONTRACTOR'S officers, agents and employees in the performance of
their duties and obligations under this Agreement.
4
12. NONDISCRIMINATION.
CONTRACTOR 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.
13. COMPLIANCE WITH ALL LAWS.
CONTRACTOR 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. CONTRACTOR shall perform all services under this Agreement in accordance with
these laws, ordinances, codes and regulations. CONTRACTOR 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.
14. NO THIRD PARTY BENEFICIARIES.
CITY and CONTRACTOR 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.
15. 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: Bob Brown, Community Development Director
Project Manager
City of San Rafael
1400 Fifth Ave. (P.O. Box 151560)
San Rafael, CA 94915-1560
or, as applicable:
Linda Jackson, Principal Planner
Community Development Department
City of San Rafael
1400 Fifth Ave. (P.O. Box 151560)
San Rafael, CA 94915-1560
TO CONTRACTOR: Scott A. Stephens
Miller Pacific Engineering Group
165 N. Redwood Drive, Suite 120
San Rafael, CA 94903
12 193 91 V 01 L41 10191 ► • ► K: • C
For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers,
agents and employees shall act in the capacity of an Independent Contractor, and not as employees
of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of
CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not
that of an employee of CITY.
17. 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 CONTRACTOR 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 CONTRACTOR 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.
18. SET-OFF AGAINST DEBTS.
CONTRACTOR agrees that CITY may deduct from any payment due to
CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under
any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments,
unpaid checks or other amounts.
19. 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
6
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.
20. 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 recover its reasonable costs
(including claims administration) and attorney's fees expended in connection with such action.
21. CITY BUSINESS LICENSE / OTHER TAXES.
CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY
business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any
and all state and federal taxes and any other applicable taxes. CONTRACTOR's taxpayer
identification number is 68-0174990, and CONTRACTOR certifies under penalty of perjury that
said taxpayer identification number is correct.
22. 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.
CITY OF SAN RAFAEL
ROD GOULD, City Manager
ATTEST:
VANE M. LEON .II`rI, City Clerk
ity Attorney
CONTRACTOR
By: _
N• e;/ Sco7r sr �PNEi�I s
Ti e: Pi sr ivr
165 North Redwood Drive
ATTACHMENT A Suite 120
San Rafael, California 94903
F 415 / 491-1831
T 415 / 491-1338
January 4, 2001
File: 00-186pro.doc
City of San Rafael
Community Development Department
P.O. Box 151560
San Rafael, CA 94915-1560
Attn: Linda Jackson
Re: Proposal for Geologic and Geotechnical Services
Environmental Impact Report (EIR)
San Rafael General Plan 2020
Introduction
We are pleased to propose our professional services to assist the City of San Rafael staff in the
preparation of the geologic and geotechnical components of an updated general plan background
report and Environment Impact Report for the City of San Rafael General Plan 2020. The
purpose of our services is to review recent geologic and geotechnical reference data, identify
changes, evaluate significant impacts and provide mitigation measures.
Proiect Description
The proposed project is an updated General Plan for the City of San Rafael to reflect current state
law, community policy direction, preferences and desires. The project includes updating the 1988
general plan background report and preparation of an EIR. The geologic and geotechnical
sections of the background report and EIR will require a review and evaluation of the geologic,
geotechnical and environmental hazards within the City of San Rafael. The project also includes a
review and update of the geotechnical review procedures.
Miller Pacific Enaineerinq Group Background and Qualifications
Miller Pacific Engineering Group, a California corporation, will provide our services from our
office and headquarters in San Rafael, California. We have performed numerous geotechnical
investigations in the San Rafael area and are familiar with the local geologic and geotechnical
conditions. We have been part of several EIR teams and have prepared the geology and soil
portions of the EIR for various types of projects.
The project manager and primary contact will be Mr. Scott Stephens, Senior Geotechnical
Engineer. He will be responsible for identification of geologic/geotechnical hazards, constraints,
impacts and mitigation measures. Mr. Eugene Miller, Geotechnical Engineer with nearly 40
years of experience in Northern California, will be the Project Reviewer. The attached
Statement of Qualifications provides descriptions of our firm, key individuals, similar projects
and references.
City of San Rafael
Page 2 of 3
Proiect Approach and Scope of Services
January 4, 2001
The general scope of services is outlined in the Request for Proposal (RFP) dated November 21,
2000. Based on our review of the information provided and previous experience with similar
projects, we propose the following scope of services
Task A — Assist staff in the preparation of background reports
This task includes an update of the General Plan Background report and preparation of the
Geology and Soil Section of the EIR. Specific tasks are listed below
• Start-up meeting to obtain relevant documents and data available from the City and confirm
proposed scope of services.
• Review previous reports, background information and references.
• Review readily available public geologic and seismic reference literature, including
published U.S.Geological Survey, Caltrans and California Division of Mines & Geology
maps and reports.
• Review 1988 and later aerial photos at Pacific Aerial Surveys to interpret changed geologic
conditions and identify any recent large landslides, if apparent.
• Conduct a database search and consult with the San Rafael Fire Department to identify
hazardous waste sites in the San Rafael area.
• Update the 1988 General Plan text and maps (base topography maps to be provided by
client). This will include a review of the City's geotechnical review procedures and any
recommended modifications.
• Prepare the environmental setting for the geology and soils portion of the EIR including
associated figures. We will identify general geologic and geotechnical conditions that may
impact development within the City of San Rafael including: regional faulting and seismicity,
potentially active fault zones, estimated level of strong ground shaking, areas susceptible to
subsidence or differential settlement, liquefaction, lateral spreading, lurching, tsunamis, slope
stability of natural hillsides, soil creep, landslides, expansive soil, U.S. Soil Conservation
Service soil types, mineral resources and hazardous material sites.
Task B — Assist staff in the preparation of General Plan policies.
• Participate in project meetings and provide geotechnical consultation.
• Assist in the preparation of the policy work -book.
• Update of the Geotechnical Review Matrix.
City of San Rafael January 4, 2001
Page 3 of 3
Task C - Assist staff in the preparation of Administrative and Draft EIR.
We will analyze the geologic hazards and describe the potential significant impacts for
development and provide conceptual recommendations to mitigate impacts. A summary of
this analysis will be incorporated into the geology and soils section of the administrative and
draft EIR.
• If needed, attend EIR Hearing meeting.
• Be available for public meetings, as needed.
Task D - Assist staff in the preparation of the Final EIR.
• Consult with the City to evaluate and/or incorporate any comments and revisions from the
draft EIR into the final report.
Budoet and Schedule
We propose our services on a Time and Expense basis as shown on the attached Agreement
for Professional Services. Our proposed budget for Task A is $17,000. A detailed breakdown
for personnel hours for Task A is shown on the attached budget estimate sheet.
The cost for Tasks B — D will also be on a Time and Expense basis in accordance with the
attached Agreement and Schedule of Charges. For rough budgeting purposes, we estimate
charges for Task B at $1,000, Task C at $3,000 and Task D at $1,500.
We are prepared to begin our work soon after your authorization. We anticipated completion of
Task A by March 01, 2001. The completion of Task B is scheduled for April 1, 2001. The
schedule for the remaining tasks will depend on the project schedule.
We are pleased to have the opportunity to submit our proposal on this project and be part of the
design team. When you wish us to proceed please call us, and return one complete signed
agreement as your authorization for us to proceed. Please call with any questions you may have.
Yours very truly,
MILLER PACIFIC INEERING GROUP
Sc tt A. tep ns
otec Engineer No. 2398
(Expires 6/30/01)
Attachments: Statement of Qualifications
Agreement (2 copies) w/ General Conditions, Schedule of Charges and
Task A Budget Estimate
2 copies submitted
MILLER PACIFIC ENGINEERING GROUP
a California corporation
SCHEDULE OF CHARGES
PROFESSIONAL ENGINEERING AND GEOLOGICAL CONSULTING SERVICES
Professional and Technical Personnel
Staff Engineer/Geologist - Level 1 .............
Staff Engineer/Geologist - Level 2 .............
Project Engineer/Geologist - Level 1 ........
Project Engineer/Geologist - Level 2 ........
Senior Engineer/Geologist
Associate Engineer/Geologist
Principal
..............................................
Hourly Rate
...........................................$ 55
...........................................$ 65
...........................................$ 75
...........................................$ 85
...........................................$ 95
.........................................$ 110
$ 160
Project Assistant/Word Processor..........................................................$ 50
Associate Technician..............................................................................$ 55
Senior Technician...................................................................................$ 65
FieldSupervisor......................................................................................$ 75
Other Inside Charges
Mileage.................................................................................. $ 0.60 per mile
Vehicle (Field)............................................................................ $ 9 per hour
Nuclear Density Gage.................................................................$ 8 per test
Inclinometer .................. $150 per day / $85 per half day
LaserLevel..................................................................................$50 per day
Outside Services.................................................................................... Cost + 20%
Rental of exploration equipment, instrumentation, photography, public
transportation, per diem, shipping, courier/delivery services, long distance
telephone, outside reproduction, and other services and supplies not
normally provided.
*NOTES:
1. Field site visits, 2 -hour minimum. Travel time is normal hourly rates, portal
to portal.
2. Overtime premium: Weekday/Saturday $20/hr
Sunday/Holiday $30/hr
3. Rates are for normal Geotechnical Engineering and Geological services.
Normal rates for depositions and testimony are $300 per hour for Principal,
Associate and Senior. All other personnel are $200 per hour. These fees
are due and payable at the time of service.
4. Schedule of charges is effective as of May 1, 2000. It is subject to revision
annually and at other times without notice.
MGTISCHEOCHG 5/00
TASK A - Budget Estimate
San Rafael 2020 General Plan
San Rafael, California
MILLER PACIFIC ENGINEERING GROUP JOBCOST 2000
Project Name: San Rafael 2020 General Plan
EAM SAS MPM TJR IAM
PERSONNEL COST
Task Description
1.0 Project Setup/Meeting
2.0 Review Previous Data
3.0 Review Recent Data
4.0 Aerial Photo Rev
5.0 Geo Evaluation
6.0 Haz. Waste Search
7.0 Update Gen. Plan
8.0 EIR text
9.0 Figures
10.0
Subtotal Hours
Subtotal Dollars
Date: 04 -Jan -01
BSP NCS RWB
Field
Staff I I auper
$55 $75
Principal Associat Senio Proiect II Proiect I Staff II
$160
$110
$95 $85
$75 $65
1
3
200 Miles $ 0.60
$120
3
6
Each $ 15.00
2
6
8
$0
1
4
$0
1
4
7
4
1
2
6
2
3
8
6
1.5
5
14
6
1 1,000
4
8
24
5.5
26
0 55
0 54
$880
$2,860
$0 $4,675
$0 $3,510
Total Personnel Hours: 155.5
OTHER CHARGES
Item
Vehicle - Time - Field
Vehicle - Mileage
Nuclear Density Gage
Shelby Tubes
Micro -Computer - Program Charge
Inclinometer
OUTSIDE AND SUBCONTRACT COSTS
Task Description Item
1.0 Aerial Photos
2.0 EDR report
3.0 Repro Figures
File: Jobcost.xls
01/01/2000
OVERTIME - PREMIUM
Weekday and Saturday Add
Sunday and Holiday Add
8
By: sas
WGO PG
WJD LH
Senior
Tech Word
$65 $50
3
4
8 0 0 7
$440 $0 $0 $350
Unit $ Amt $
hrs $20 $0
hrs $30 $0
Total Personnel Dollars: $12,715
Quanity Units Unit $
Amount $
Hours $ 9.00
$0
200 Miles $ 0.60
$120
Test $ 8.00
$0
Each $ 15.00
$0
Program $ 50.00
$0
days $ 150.00
$0
$0
$0
Total Other
Charges:
$120
Quanity Unit $
Amount $
10 50
$500
1 1,000
$1,000
1 100
$100
$0
$0
$0
Total Outside Cost:
20%
$1,920
Subtotal:
$14,755-'
Contingency:
15%
$2,213
Total Project Costs:
$16,968
Use for Budget:
$17,000