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HomeMy WebLinkAboutCC Resolution 9272 (Lucas Valley Interchange Impr.)RESOLUTION NO. 9272 A RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH AMLER PACIFIC ENGINEERING GROUP FOR THE LUCAS VALLEY INTERCHANGE IMPROVEMENTS PROJECT IN THE AMOUNT OF $6,900. WHEREAS, the City is currently in the design and analysis stage of the Lucas Valley Interchange Improvements project; and WHEREAS, the existing rock strata hardness has not been determined; and WHEREAS, a seismic refraction survey is needed to determine more precisely the existing rock hardness; and WHEREAS, staff has received two proposals to perform a seismic refraction survey and finds the proposal from Miller Pacific Engineering Group more attractive and less expensive. NOW, THEREFORE, BE IT RESOLVED that City Council authorize the Director of Public Works to enter into a Professional Services Agreement with Miller Pacific Engineering Group for Geotechnical Engineering Services related to the Lucas Valley Interchange Improvement project in the amount of $6,900. 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 19th day of December, 1994, by the following vote, to wit: AYES: COUNCILMEM 3ERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE NE M. LEONCINI, City Clerk 0RI61NAl on" M I L L E R P A C I F I C ENGINEERING G R O U P AGREEMENT FOR PROFESSIONAL SERVICES MILLER PACIFIC ENGINEERING GROUP (MPEG), a California Corporation, and, Name: City of San Rafael (CLIENT)PW94-113 Department of Public Works Attn: Andrew Preston Address: Post Office Box 151560 San Rafael; California 94901-1580 AGREE that MPEG will provide to CLIENT Geotechnical Engineering services, under MPEG's General Conditions and current Schedule of Charges, as follows: PROJECT LOCATION: Lucas Valley/101 Interchange San Rafael, California SCOPE OF WORK: Seismic Refraction Survey per proposal letter 11/28/94 FIXED FEE: $6900 REF: General Conditions, Schedule of Charges. DATE MPEG Eugene A. Miller CITY OF SAN RAFAE DATE /( ! CLIENT i David"M. Bernardi, Director of Public Works ATTEST:/� Jd_ ne M. Leoncini, City Clerk 165 North Redwood Drive, Suite 120 San Rafael, California' 4903 Fax 415/491-1831 Phone 4151491-1338 CT-3y CD / M I L L E R P A C I F I C ENGINEERING MILLER PACIFIC ENGINEERING GROUP G R o u P GENERAL CONDITIONS 1.0 CHARGES Unless otherwise agreed, charges will be determined on a time and expense basis in accordance with MPEG's current Schedule of Charges. Such schedule is subject to revision annually and other times without notice to Client. 2.0 INVOICES will be submitted every two weeks, or four week accounting period, at the end of a project phase or assignment as elected by MPEG. Invoices are due and payable upon presentation. All accounts not paid within 30 days of the invoice date may be subject to a finance charge of 1.5% per four week accounting period, or the maximum rate allowed under applicable law whichever is less. MPEG reserves the right to cease work, withdraw reports, and file liens on property where accounts are past due. 3.0 SITE ACCESS and UNDERGROUND OBSTRUCTIONS Client will furnish right -of -entry to the project site as necessary for exploration, surveys and other services. MPEG will take reasonable precautions to minimize property disruption and damage however some disruption and damage is often unavoidable. MPEG is not liable for nor does MPEG's fee estimate include full restoration of such property unless explicitly itemized in the agreement. Where appropriate, MPEG will request utility companies to locate off-site utility lines. Client shall indicate the location of all utilities and underground structures within the property. Client agrees to hold MPEG harmless for damage to utilities and/or underground structures not correctly located. 4.0 HAZARDOUS MATERIALS and OTHER EXCLUSIONS This agreement specifically excludes and MPEG specifically disclaims and is discharged from any responsibility or liability for all direct or indirect loss or harm resulting from the presence, failure to discover, interception, escape or discharge of hazardous or toxic material of any kind including contamination of soil, water, air or other property as a result thereof. This exclusion extends, but is not limited, to all exploration, testing, analysis and recommendations made by MPEG. Unless specified in the written scope of work the observation, testing and approval of steel, concrete, and asphalt and other construction materials, and establishing construction lines and grades and other surveying is also excluded from MPEG's scope of work, responsibility and liability therefore. 5.0 STANDARD OF CARE Services provided by MPEG will be consistent with the ordinary level of care and skill exercised by members of the profession practicing geotechnical engineering under similar conditions, in the same locality and at the same time. There is no other warranty either express or implied. The client recognizes that subsurface conditions may vary and that data and interpretations made by MPEG are based solely on information available to MPEG. MPEG is not responsible for interpretations or use by others of information developed by MPEG. 6.0 INSURANCE and LIMITATION OF LIABILITY MPEG maintains General Liability Insurance and depending on availability and affordability intends, but is not bound, to maintain Professional Liability Insurance. Such insurance is for the sole benefit of MPEG and does not cover the Client nor the project. Client recognizes the inherent risk of claims associated with the services provided by MPEG and therefore agrees (a) to limit MPEG's liability to Client for professional negligence, errors or omissions or breach of this Agreement, such that the total aggregate liability of MPEG shall not exceed the amount of fees paid MPEG for this project, or $20,000 whichever is greater, (b) to compensate MPEG fortime and expenses incurred by MPEG in defense of claims except for claims arising out of MPEG's sole negligence and (c) to defend, indemnify and hold harmless MPEG and its employees against claims related to hazardous ortoxic materials and from contractors, subcontractors and others arising from services under this agreement except for claims arising out of MPEG's sole negligence. 7.0 JOB SITE SAFETY Client agrees that construction job site safety, superintendence of the contractor's, workmen and equipment, excavation stability, is solely the contractor's responsibility and is specifically excluded from MPEG's responsibility or liability. 8.0 OWNERSHIP OF MATERIALS All samples obtained by MPEG are and remain property of the client, and unless otherwise directed, all such samples may be discarded by MPEG 30 days after performance of tests or submittal of the report for which they were obtained, or termination of services. All records, field and laboratory data, analysis, designs, reports, letters and other documents prepared by MPEG are instruments of service and remain the property of MPEG. 9.0 DISPUTES If a dispute arises out of or related to this contract or its alleged breach, and if the dispute cannot be settled through direct discussions, the parties agree to first endeavor to settle the dispute in an amicable manner by mediation through the Judicial Arbitration and Mediation Service, San Francisco with each party paying an equal share of the cost thereof. STOGENCON.12/91 M I L L E R P A C I F I C ENGINEERING G R O U P MILLER PACIFIC ENGINEERING GROUP A California Corporation SCHEDULE OF CHARGES PROFESSIONAL ENGINEERING AND GEOLOGICAL CONSULTING SERVICES Professional Personnel (Engineer or Geologist)* Hourly Rate Staff.............................................. $ 54-$60 Project ............................................ $ 64-$70 Senior................................................. $ 78 Associate .............................................. $ 88 Principal.............................................. $120 Technical Personnel* Jr. Technician, Jr. Drafter .................................. $ 36 Technician, Drafter ....................................... $ 48 Senior Technician, Field Supervisor .................... $58-$64 Administrative Personnel (for directly related project work) Project Clerical and Word Processor ........................ $ 32 Other Inside Charges Mileage ......................................... 0.40 per mile Vehicle (field) .................................... $ 8 per hour Nuclear Density gage ............................... $ 8 per test Micro Computer .................... Program charge + 20 per hr. Outside Services ........................................ Cost + 15% Rental of exploration equipment, instrumentation, photography, publictrans- portation, 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 forweekday/Saturday is $15/hr, forSunday/Holiday is $25/hr. 3. Rates are for normal Geotechnical Engineering and Geological services. Normal rates for depositions and testimony are $800 per half day or any part thereof. 4. Schedule of charges is effective as of February 1, 1993. It is subject to revision annually and at other times without notice. SCHEDCHG.93 M I L L E R P A C I F I C ENGINEERING G R O U P November 28, 1994 FILE: PW94-113.pro City of San Rafael Department of Public Works P. O. Box 151560 San Rafael, California 94901-1560 Attn: Mr. Andrew Preston Re: Seismic Survey for Lucas Valley Interchange Gentlemen: Introduction We are pleased to outline and propose our services for a Seismic Refraction Survey to explore subsurface conditions along the planned roadway for the Lucas Valley Road/Highway 101 Interchange. The purpose of a Seismic Refraction Survey is to determine the apparent seismic wave velocities and depths in selected cut areas. These data in turn, provides a basis for judging the difficulty of excavation. Scope We will determine seismic refraction profiles along at least four lines which can be surveyed in one day of field time. If time permits, we will survey a fifth line. The lines will be located generally as follows: SL -1 R4 Line - South side of the hill. SL -2 R3 Line - near Los Gamos intersection. SL -3 West side of 101 - upper cut slope bench. SL -4 West side of 101 - upper part of planned cut. SL -5 R3 Line - north side slope. These line locations are selected (as shown on the attached sketch SK -1) where we can avoid trees and get relatively straight lines. The length of the lines will be adjusted to get data to the bottom of the cuts in each area surveyed. We assume that no permits are necessary and that the City will arrange permission for access. 165 North Redwood Drive, Suite 120 San Rafael, California 94903 Fax 415/491-1831 Phone 415/491-1338 M 1 L L C K P A C I F I C ENGINEERING G R O U P Mr. Andrew Preston November 28, 1994 Page 2 After field data acquisition we will reduce the survey data, develop time -distance plots and calculate velocities and depth of the various indicated layers. We will relate the velocity and depth data to published rippability charts. In addition to the seismic refraction surveys, we will examine the bedrock exposed in the existing cut slopes. During our geotechnical inspection we will observe and note the rock type, fracture spacing, bedding thickness and degree of weathering. The rock classification data will be correlated with the seismic refraction data to provide an interpretation of the material type associated with a specific seismic velocity layer. We will present the results of the survey in a written report with time -distance plots and interpretive cross section. Contractual Arrangements We will provide the seismic refraction survey as described above in accordance with our Agreement for Professional Services, for the Fixed Fee of $6900. We are pleased to propose our services on this project. If you have any questions, please call me. When you wish us to proceed, please return one signed copy of the Agreement. y yours, PACIFI E G Eugen�tA. Miller, Preside Attachments: Agreement, Sketch SK -1 3 copies submitted r.! 1133115 335 MI � 11 •\ i Ly . 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