HomeMy WebLinkAboutCC Resolution 10600 (Mahon Creek Bike Path)RESOLUTION NO. 10600
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL ACCEPTING A PROPOSAL FROM CSW/STUBER-
STROEH ENGINEERING GROUP, INC. (CSW) TO CONDUCT
CIVIL ENGINEERING AND LANDSCAPE ARCHITECTURE
SERVICES IN THE AMOUNT OF $39,300 PLUS 10%
CONTINGENCIES AND AUTHORIZING EXECUTION OF
AGREEMENT FOR THE MAHON CREEK BIKE PATH PROJECT
BE IT RESOLVED by the Council of the City of San Rafael as follows:
WHEREAS, The City is reconfiguring the bank for flood control and
constructing a pedestrian bike path along Mahon Creek between Lindaro at Andersen
Drive and West Francisco Blvd; and
WHEREAS, staff requested and CSW is willing to conduct Civil
Engineering and Landscape Architectural services for the above-mentioned project; and
WHEREAS, CSW has furnished a proposal to include these services; and
WHEREAS, staff finds the content and cost of the proposal to be
acceptable and within industry standards; and
WHEREAS, the Agreement will be approved by the City Attorney prior to
being executed.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
San Rafael to hereby authorize the Public Works Director to execute an Agreement with
CSW to conduct Civil Engineering and Landscape Architectural services in the amount of
$39,300 plus 10% contingencies for the Mahon Creek Bike Path Project.
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 6"' day of March, 2000, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEAMW M.LEONC'I 9 t�'ity Clerk
File No.: 08.02.205
AGREEMENT
FOR PROFESSIONAL SERVICES
This Agreement is made and entered into this 6th day of MARCH , 2000, by
and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and CSW/Stuber-Stroeh
Engineering Group, Inc. (hereinafter "CONTRACTOR").
RECITALS
WHEREAS, the CITY has determined that consulting services are required to conduct
Civil Engineering and Landscape Architectural services for the Mahon Creek Bike Path Project.
WHEREAS, the CONTRACTOR has offered to render certain specialized professional
services in connection with the Project.
AGREEMENT
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 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. CONTRACTOR. CONTRACTOR shall assign a single PROJECT
DIRECTOR to have overall responsibility for the progress and execution of this Agreement for
CONTRACTOR. Steve Bowser 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 seven (7) business days of the substitution.
DUTIES OF CONTRACTOR.
CONTRACTOR shall perform the duties and/or provide services as follows: the
CONTRACTOR agrees to provide professional services as an Engineering Consultant as outlined
in the Proposal from CONTRACTOR dated January 26, 2000, marked Exhibit "A", attached
hereto, and incorporated herein by this reference. The CONTRACTOR agrees to be available and
perform the work specified in this agreement in the time frame as specified and as shown in Exhibit
"A"
4. DUTIES OF CITY.
CITY shall perform the duties described in Exhibit "A" attached hereto and
incorporated herein.
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U U PY
5. COMPENSATION.
For the full performance of the services described herein by CONTRACTOR,
CITY shall pay CONTRACTOR on a time and materials basis for services rendered in
accordance with the rates shown on the current fee schedule as described in Exhibit "A" attached
and incorporated herein. The total payment made for any individual work task will not exceed the
amounts shown on the Proposal Budget, set out in Exhibit "A".
Payment will be made monthly upon receipt by PROJECT MANAGER of itemized
invoices submitted by CONTRACTOR.
TERM OF AGREEMENT.
The term of this Agreement shall be from the date of execution until the Project is
complete.
7. 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, 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 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.
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 property of
CITY. CITY may use said property for any purpose, including projects not contemplated by this
Agreement. The CITY agrees that all documents, including but not limited to, drawings,
specifications, and reports, prepared by CONTRACTOR pursuant to this Agreement are
instruments of service in respect to the Project. They are not intended or represented to be suitable
for reuse by the CITY or others on modifications or extensions of the Project or on any other
project. Any reuse without prior written verification or adaptation by CONTRACTOR for the
specific purpose intended will be at the CITY's sole risk and without liability or legal exposure to
CONTRACTOR. Any such verification or adaptation of documents requested of
CONTRACTOR by CITY will entitle CONTRACTOR to additional compensation at rates to be
agreed upon by CITY and CONTRACTOR.
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9. 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.
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.
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. 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 PROJECT 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.
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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 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 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 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 CONTRACTOR shall procure a bond guaranteeing
payment of losses and related investigations, claims administration, attorney's fees and defense
expenses.
12. 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. CONTRACTOR's indemnification obligation
hereunder shall not apply to the extent such claims, demands, suits, judgements, losses or liability
or expense of any kind are caused by or result in any way from any acts or omissions, intentional or
negligence of CITY, or its officers, agents and employees.
13. 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.
14. 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,
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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 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.
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: Mr. David M. Bernardi, Public Works Director
City of San Rafael
1400 Fifth Ave. (P.O. Box 151560)
San Rafael, CA 94915-1560
TO CONTRACTOR: Steve Bowser
CSW/Stuber-Stroeh Engineering Group, Inc.
790 DeLong Avenue
Novato, CA 94945-3246
17. INDEPENDENT CONTRACTOR.
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.
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 CONTRACTOR and the CITY.
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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.
19. 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.
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 recover its reasonable
costs (including claims administration) and attorney's fees expended in connection with such action.
22. CITY BUSINESS LICENSE / OT11FR 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 68-0215172, and CONTRACTOR 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.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL
David M. Bemardi
Public Works Director
ATTEST:
&�`-
ty Clerk
City Attor*/
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CONTRACTOR
By: �
CSW/Stuber Stroeh Engineering Group, Inc.
Name: Steve Bowser
Title: Principal Engineer
Services/Professional Services
Contract Form -1 (Revised 4/96)
'IECEIVFI)
CSW FEB 2 2 2000
Is
2 PUBLIC SA b OErF)) . 790 De Long Avenue, Novato, CA 94945-3246
CITY OF SAN RAFAf<L (415) 892-4763 FAX: (415) 892-4502
e-mail: Office@cswst2.com
CSW/Stuber-Stroeh Engineering Group, Inc.
DEPT: OF PUBLIC WORKS
Date: January 26, 2000
Revised: February 17, 2000
File: 4.610.12E
Mr. Andy Preston
Public Works Department
City of San Rafael
1400 Fifth Street
San Rafael, CA 94903
RE: MAHON PATH PROJECT
Dear Andy:
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Pursuant to your request, we have prepared this letter to serve as our proposal to prepare final
improvement plans for the above-mentioned project. We have divided our proposal into two
components, civil engineering and landscape architecture. Each component is described in further
detail as follows:
1. CIVIL ENGINEERING
1.1 Improvement Plans: We will prepare a grading plan showing:
• Tops and toes of creek bank;
• One foot contours;
• Location of the 12' wide pedestrian/bike/maintenance path;
Storm drainage 1 Vilit=.;
• Fence location;
• Horizontal control plan;
• Creek cross sections at 50' intervals; and,
• Location of utilities.
Appropriate details for all structures will be provided.
1.2 HvdroloQv Report: We will provide a hydrology analysis of Macon Creek from the
west side of West Francisco Boulevard to the north side of Andersen Drive.
1.3 Easement Plan: We will provide a legal description and plan for easements required
along the Fair Isaac site and easement or lot line adjustment needed along the
Shamrock Center.
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Pursuant to your request, we have prepared this letter to serve as our proposal to prepare final
improvement plans for the above-mentioned project. We have divided our proposal into two
components, civil engineering and landscape architecture. Each component is described in further
detail as follows:
1. CIVIL ENGINEERING
1.1 Improvement Plans: We will prepare a grading plan showing:
• Tops and toes of creek bank;
• One foot contours;
• Location of the 12' wide pedestrian/bike/maintenance path;
Storm drainage 1 Vilit=.;
• Fence location;
• Horizontal control plan;
• Creek cross sections at 50' intervals; and,
• Location of utilities.
Appropriate details for all structures will be provided.
1.2 HvdroloQv Report: We will provide a hydrology analysis of Macon Creek from the
west side of West Francisco Boulevard to the north side of Andersen Drive.
1.3 Easement Plan: We will provide a legal description and plan for easements required
along the Fair Isaac site and easement or lot line adjustment needed along the
Shamrock Center.
Odsl\data\Ad-Nov�WP60\4\Cor\2-18-00610 Civil Engineers • Land Planners • Surveyors
Andy Preston
City of San Rafael
February 17, 2000
Page 2
CSW
[Stl�
1.4 Ouantitv Estimates: We will prepare quantity estimates for site grading, storm
drainage, path, fencing and utilities. The quantity estimate for the landscape
component of the project will be included in this section.
1.5 Erosion Control Plan: We will provide an erosion control plan following the best
management practices.
1.6 Bid Package: We will provide specifications and bid documents including all
information from H.A.( i.e. Health and Safety Plan and Geotechnical Report) for the
improvement plans. These documents will include both the civil engineering and
landscape components of the project.
2. LANDSCAPE ARCHITECTURE
2.1 Irrigation Plans: We will prepare irrigation plans that show the location, size, type
and quantity of all components of an underground, electronically -controlled sprinkler
irrigation system. Components include: piping, valves, heads, controllers, and
backflow devices needed to successfully operate the irrigation system.
2.2 Plantine Plans: We will prepare planting plans that show the location, size, quantity
and type of all plant material designated for the project including: trees, shrubs,
vines and ground covers. Plans will also include a requirement from the landscape
contractor for a two year maintenance bond consistent with the Macon Planting Plan.
2.3 Standard Details: We will prepare a detail sheet that includes all planting and
irrigation details needed to guide a landscape contractor in the installation of this
work.
3. ADDITIONAL SERVICES
Included in the previously described services are the following tasks:
3.1 Attendance at team/coordination meetings (budget includes four meetings).
3.2 Attendance at City staff review meetings (budget includes two meetings).
3.3 Typical details, sections and notes.
3.4 Closure calculations for legal descriptions.
3.5 Soils nutrients level testing (two samples).
.Ods I\dataUd-Nov. WP60',4.Cor\2-18-00 610
Andy Preston
City of San Rafael
February 17, 2000
Page 3
4. BUDGET
4.1 Civil Engineering: $ 25,800.00
4.2 Landscape Architecture: $ 13.500.00
Total (Items 4.1 and 4.2): $ 39,300.00
4.3 Printing and Reproduction Costs: Cost + 10%
4.4 Mileage: $.32 per mile
5. EXCLUSIONS
5.1 Geotechnical Report
5.2 Additional Surveying
6. DELIVERABLES
6.1 Final Improvement Plans consistine of.-
• Cover Sheet
• Site Demolition Plan
• Grading & Drainage Plan
• Layout and Easement Plan
• Updated Hydrology Report
• Erosion Control Plan
• Irrigation Plan
• Planting Plan
• Standard Detail Sheet
• Quantity Estimates
6.2 Bid Documents:
• Specifications (In City of San Rafael format)
7. TENTATIVE SCHEDULE
Civil Engineering: Approximately 4 weeks.
Landscape Architecture: Approximately 3 weeks
CSW
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This schedule will commence upon our receipt of the written authorization to proceed from
the City of San Rafael.
.Ods I\data\Ad-Nov .WP60.4'.Cor\2 18-00610
Andy Preston
City of San Rafael
February 17, 2000
Page 4
CSW
(St)�
Please review our letter at your earliest convenience. Should you have any questions regarding any
element of this letter, please feel free to call either one of us at the following phone numbers.
Steve Arago: (415) 892-4763
Steve Bowser: (707) 795-4764
If our proposal meets with your approval, please send two copies of the standard City of San Rafael
contract package for our signature. We appreciate the opportunity to continue working with you and
other City staff members on the development of plans for the Mahon Path Project.
Yours truly,
CSW/STUBER-STROEH ENGINEERING GROUP, INC.
Steve Bowser
\\Odsl\data\Ad-Nov\WP60\4\Cor\2-18-00 610
Steve Arago