HomeMy WebLinkAboutCC Resolution 8659 (Bay Mud Study)RESOLUTION NO. 8 6 5 9
A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
APPROVING A $4,000 CONTRACT WITH
MILLER -PACIFIC ENGINEERING GROUP
TO PROVIDE A BAY MUD STUDY OF THE ST. VINCENTS AND SILVEIRA
PROPERTIES.
WHEREAS, the City Council approved a work program and funding for the
St. Vincent's/Silveira Study on April 20, 1992; and
WHEREAS, the work program included $4,000 for a Bay mud study; and
WHEREAS, staff researched experienced local firms to prepare such a survey
and reviewed the proposed consultant with the St. Vincent's/ Silveira
Consultant Subcommittee; and
WHEREAS, Miller -Pacific Engineering Group is familiar with the property,
has certified expertise in geotechnical studies, and can provide the requested
information in timely fashion within the proposed budget.
NOW THEREFORE BE IT RESOLVED, the City Council hereby approves an
agreement with Miller -Pacific Engineering Group, copy of which is attached
hereto and made a part hereof by reference.
BE IT FURTHER RESOLVED that the City Council authorizes the City
Manager and City Clerk to execute said agreement on behalf of the City of
San Rafael.
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 4th of May, 1992,
by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nonew
JE E M. LIN
EONCI, City Clerk
ft
RlSIWAL q6o
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into this 4th day of MAY , 1991,
between the CITY OF SAN RAFAEL a Municipal Corporation (hereinafter
referred to as CITY) and MILLER -PACIFIC ENGINEERING GROUP
(hereinafter called CONSULTANT).
A. RECITALS:
WHEREAS, St. Vincent's/Silveira Advisory Committee and City
Council have approved a work program for the St. Vincents and
Silveira Study. The Work Program includes a Bay mud study of the
property;
WHEREAS, CONSULTANT represents that it is qualified to perform such
services and is willing to perform such professional services as
hereinafter defined.
NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT as
follows:
B. AGREEMENT
1. DEFINITIONS: The following definitions shall apply to the
following terms, except where the context of this agreement otherwise
requires:
(a) Commencement of Services: Consultant agrees to commence work
immediately after the date of the signing of this contract.
(b) Completion of Services: July 31, 1992
2. CONSULTANT AGREES AS FOLLOWS:
(a) CONSULTANT shall undertake and perform an archaeological field survey
as identified in the attached April 28, 1992, proposal entitled "Bay Mud Study,
St. Vincent's and Silveira Property."
(b) CONSULTANT shall supply copies of administrative draft and final survey
reports to Planning staff within time frames specified.
(c) CONSULTANT shall attend one Advisory Committee meeting to present
findings of the final survey report.
(d) CONSULTANT shall submit an invoice with the final report.
3. CITY AGREES AS FOLLOWS:
(a) In consideration of CONSULTANT'S Agreement to perform well and
sufficiently and in a skillful and professional manner the services
contemplated herein, CITY agrees to pay CONSULTANT a lump sum of $4,000
within 15 days of receipt of the final report and invoice.
4. CITY AGREES TO PROVIDE TO CONSULTANT:
(a) All information identified in the April 28 proposal, and other assistance
as needed.
(b) Such other information as is generally available from CITY files applicable
to the project.
(c) Assistance, if necessary, in obtaining information from other
governmental agencies or private parties. However, it shall be
CONSULTANT'S responsibility to make all initial contact with respect to the
gathering of such information.
5. OWNERSHIP OF DOCUMENTS:
All documents, originals, graphic exhibits and correspondence developed or
received during the course of the survey shall become the property of the
CITY and shall be delivered to the CITY.
6. STATUS:
CONSULTANT is an independent contractor and shall not be deemed, directly
or indirectly, to be an officer or employee of the CITY.
7. AFFILIATION:
During the length of the St. Vincent's/Silveira Opportunities and Constraints
Study, no member or affiliate of the CONSULTANT or CONSULTANT team
shall be an employee of a property owner of the two properties involved in
the Study.
8. TERIVIINATION:
(a) The CITY reserves the right to terminate this Agreement at any time by
providing written notification to the CONSULTANT. Should said notification
be received by the Consultant, all work under this Agreement shall
terminate, except for what minor work is required to provide the City with a
clear understanding of work completed and work remaining.
(b) CITY shall pay CONSULTANT all sums then due and unpaid under this
Agreement, including sums for work not completed, but in preparation.
Payment by CITY of such compensation shall be considered full and final
settlement for all work performed by the CONSULTANT under this Agreement.
(c) Upon receipt of final payment, all materials and documents, whether
finished or not, shall become the property of and shall be delivered to the
CITY.
(d) It is mutually understood and agreed that this Agreement shall be binding
upon the CITY and upon the CONSULTANT, their successors, executors, or
administrators. Neither this Agreement nor any part thereof, nor any
monies due or to become due under this Agreement may be assigned by the
CONSULTANT without the written consent of the CITY.
9. NOTICES OF DESIGNATED REPRESENTATIVES:
Any and all notices, demands, invoices and written communications between
the parties hereto shall be addressed as set forth in this paragraph 9. The
below named individuals, furthermore, shall be those persons primarily
responsible for the performance by the parties under this Agreement:
CITY: Jean Hasser, City of San Rafael Planning Department, PO Box 151560,
San Rafael, CA 94915-1560 415-485-3085
CONSULTANT: Eugene A. Miller, P.E., Miller -Pacific Engineering Group, 165
N. Redwood Drive, Suite 120, San Rafael, CA 94903
Any such notices, demands, invoices and written communications, by mail,
shall be deemed to have been received by the addressee 48 hours after deposit
thereof in the United States mail, postage prepaid and property addressed as
set forth above.
10. INSURANCE:
With respect to performance of work under this agreement, CONSULTANT
shall maintain insurance as described below:
(a) General Liabilitv Insurance: Commercial or Comprehensive General
Liability insurance covering bodily injury and property damage utilizing an
occurrence policy form, in an amount no less than $1,000,000 combined single
limit for each occurrence. Said insurance shall include, but not be limited to:
premises and operations liability, property damage liability, and personal
injury liability.
(b) Automobile Liabilitv Insurance: Insurance covering bodily injury and
property damage in an amount no less than $1,000,000 combined single limit
for each occurrence. Said insurance shall include coverage for owned, hires
and non -owned vehicles.
(c) Worker's Compensation Insurance: CONSULTANT shall be required to
maintain full workers' Compensation Insurance for all persons employed
directly in carrying out the work specified herein, in accordance with
provisions of the State of California Labor Code.
(d) Endorsements: Each said comprehensive or commercial general liability
and automobile liability insurance policy shall be endorsed with the
following specific language:
1) The CITY, its officers and employees, is named as additional insured
for all liability arising out of the operations by or on behalf of the
named insured in the performance of this Agreement.
2) This policy shall not be cancelled without first giving 30 days prior
written notice to the CITY.
3) This policy shall not be cancelled or materially changed without first
giving 30 days prior written notice by the insurer to the CITY by
certified mail.
4) The CITY, its elected officials, officers, employees, and agents are
named as additional insureds for all liability arising out of the
operations by or on behalf of the named insured in the performance of
this agreement.
11. INDEMNIFICATION
Consultant agrees to hold CITY harmless from and against liability arising out
of CONSULTANT'S negligent performance of the work described in the
attached April 28, 1992 proposal "Bay Mud Study, St. Vincent's and Silveira
Property". It is specifically understood and agreed that in no case shall
CONSULTANT be required to pay an amount disproportional to
CONSULTANT'S culpability or any share of any amount in excess of actual
economic damages.
12. ASSIGNMENT:
No Assignment of this Agreement or of any part or obligation of performance
hereunder shall be made, either in whole or in part, by CONSULTANT
without prior written consent of CITY.
13. GOVERNING LAW:
This Agreement shall be governed by and construed in accordance with the
laws of the State of California.
14. ARBITRATION:
All claims or disputes between the CITY and the CONSULTANT relating to
this Agreement shall be decided by artitration in accordance with the rules of
the American Arbitration Association, conducted in Marin County under the
laws of the State of California. The decision of the arbitrator shall be final and
binding on the parties. In interpreting the provisions of this Agreement, the
arbitrator may make an award of costs and fees, including attorney's fees
necessitated by arbitration.
15. ALTERATIONS:
This Agreement may be modified, as necessary, for the successful and timely
completion of the services to be provided. Any alteration shall be expressed
in writing, as an amendment to this Agreement and shall be approved by
both parties.
ENTIRE AGREEMENT:
This Agreement supersedes any and all other agreements, either oral or in
writing, between the parties with respect to the subject matter herein. Each
party to this Agreement acknowledges that no representation by any party
which is not embodied herein nor any other agreement, statement, or
promise not contained in this Agreement shall be valid and binding. Any
modification of this Agreement shall be effective only if it is in writing, and
signed by all parties.
IN WITNESS WHEREOF, the parties
of the day and year first set forth abov
ATTEST:
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'�Zierk
CITY
City Manager
APPROVED AS TO FORM
is
City Attorney
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CITY
OF
SAN RAFAEL
1400 FIFTH AVENUE, P.O. BOX 151560, SAN RAFAEL, CA 94915-1560
PHONE (415) 485-3100/FAX: (415) 459-2242
April 28, 1992
MAYOR
LAWRENCE E. MULRYAN
COUNCIL MEMBERS
ALBERT J. BORO
DOROTHY L. BREINER
MICHAEL A. SHIPPEY
JOAN C. THAYER
PROPOSAL FOR
BAY MUD STUDY, ST. VINCENT'S AND SILVEIRA PROPERTY
A. INTRODUCTION
The St. Vincent's and Silveira properties are approximately 1,200 mostly
undeveloped acres east of Highway 101 between San Rafael and Novato. (See
map). The City is conducting an Opportunities and Constraints Analysis for
the St. Vincent's/Silveira Study Area which is expected to lead to a General
Plan Amendment. The Council has appointed a 24 member Advisory
Committee to evaluate constraints and opportunities existing in the Study
Area and to make recommendations regarding the amount, type and location
of various land uses for the property. The Bay mud analysis, as well as other
information, such as archaeological resources, habitat resources, etc., will
provide important information to be used in making recommendations.
The Committee is concerned about hazards of building on Bay mud. There are
significant discrepancies between City soils maps and historic Baylands maps
regarding the extent of bay mud areas. This report would provide more specific
information on the portion of the Study Area underlain by Bay mud,
generalized depths, and engineering recommendations regarding these areas.
B. SCOPE OF WORK
We expect the consultant to
1. Review existing published data for St. Vincents and Silveira properties, and
their immediate environs.
2. Overlay known data on base map to concentrate field work in areas where
most needed
3. Conduct limited field work to identify the limits of the historic Bay/Bay
mud for the entire Study Area. This is expected to involve using a field probe
for 1-2 days to confirm and identify the limits of Bay mud, primarily for the St.
Vincent's property, as borings have been taken for the Silveira property.
4. From published data, extrapolate depths of Bay mud in areas where Bay mud
exists. -
5. Prepare a report and map of the findings including: estimated limits of Bay
mud; extrapolated depths of Bay mud in affected areas along with generalized
estimates of settlement; and site specific engineering recommendations for
development on Bay mud.
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To provide timely information to the committee, we require report completion
within the following time frame:
•A staff recommendation on award of the consultant contract will go to the
City Council on May 4, 1992
•The CONSULTANT will then have 3 weeks, or until May 26, to prepare an
administrative draft report. Staff will review the report by May 29.
• A final report will then be due by June 4, 1992. The CONSULTANT will be
expected to present findings and answer questions at the June 11 Advisory
Committee meeting.
D. COSTS
Cost of the study is not to exceed $4,000.
E. WORK ALREADY PERFORMED AND INFORMATION AVAILABLE
FROM CITY
1. 1991 aerial photo of study area with USGS topographic information added.
2. August 19, 1982 Cooper & Clark Report summarizing results of exploratory
borings to locate approximate zero mud line, Silveira Ranch
3. Arthur Knutson letter dated July 29, 1991 confirming Cooper & Clark report
4. Generalized staff geotechnical summary for St. Vincent's and Silveira
properties dated July, 1991.
5. Estuary Project Historic Baylands maps
6. State Lands Commission Historic Baylands maps
7. Any other published information which may be available including the
Hamilton Field EIR, information from Las Gallinas Valley Sanitary District
and/or McInnis Park, USDA Soils information.
Please direct any questions to Jean Hasser, Principal Planner, at 485-3085.