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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: 14k- 4-- — '�Zierk CITY City Manager APPROVED AS TO FORM is City Attorney TC 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. Eel 0-9 ITX —1d FOR,73k Mi 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.