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HomeMy WebLinkAboutCC Resolution 7479 (General Plan)RESOLUTION NO. 7479 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING AN ADDENDUM TO THE CONTRACT OF DONALD HERZOG AND ASSOCIATES (Hereinafter, Consultant) (Thru March 15, 1987) WHEREAS, the City Council authorized the execution of the original agreement with Consultant on July 7, 1986, attached hereto and incorporated herein as Exhibit A; and WHEREAS, City staff is in the process of amending the City's General Plan and an integral part of said amendment is the preparation of the Draft Environmental Impact Report and Response to Comments received. NOW, THEREFORE, BE IT RESOLVED, effective January 5, 1987, the City Council hereby adopts an addendum to the original agreement with Consultant executed July 7, 1986. Such addendum is fully set forth in Attachment C, attached hereto, and fully incorporated into the original agreement. 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 Fifth day of January , 1987, by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:Russom JE M. LEONCIN , City Clerk ORIGINAL 7z17 I EXHIBIT A AGREEMENT FOR PROFESSIONAL PLANNING SERVICES This AGREEMENT is made and entered into this 7th day of July, 1986, by and between the CITY OF SAN RAFAEL (hereinafter referred to as City) and DONALD HERZOG AND ASSOCIATES, INC. (hereinafter called Consultant). A. Scope of Work: In accordance with this Agreement, the Consultant agrees to provide contract planning services as Geotechnic Consultant in conjunction with revision of the City of San Rafael General Plan as outlined in the schedule and work tasks described in the attached Work Program (see Attachment A). The Consultant agrees to be available to perform the work specified in this Agreement in the time frames specified. B. Direction: The Consultant, in performance of the Scope of Work referred to above, will work under the direction of the City's Planning Director or the Director's appointed representative. It is understood and agreed that the Consultant is, and at all times shall be, an independent contractor and nothing contained herein shall be construed as making the Consultant, or any individual whose compensation for services is paid by the Consultant, an agent or employee of the City, or authorizing the Consultant to create or assume an obligation for or on behalf of the City. C. Payment: For the payments specified herein, which the City agrees to make, the Consultant will undertake and complete the above noted work. Payment of contract planning work shall be as follows: (1) Services will be performed on a time and expense basis in accordance with Attachment B, Schedule of Charges, in an amount not to exceed $4,500.00. (2) Services shall be billed on a monthly basis. (3) Bills for payment shall be due upon presentation and paid within 30 days after receipt. D. Terms: The terms of this Agreement shall be through August 15, 1986. Either party may terminate, with or without cause, by giving the other party thirty (30) days written notice. In the event of Agreement termination, City s! -all Fay Consultant all sums then due and unpaid under this Agreement. Payment by City of such compensation shall be considered full ana final settlerrent for all work performed by the Consultant under this Anr-event. All completed reports and other documents and materials riescribed in A,ttuchment A shall become the propprty of the City. E. Arbitration All claims or disputes between the CITY and the CONSULTANT relating to this Agreement shall be decided by arbitration 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 arbritation. F. 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. Amendments to Attachment A may be made by mutual agreement of Consultant and City's Planning Director. IN WITNESS WHEREOF, City and Consultant have, caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: NTdE I EONCIN City G erk APPROVED AS TO FORM: � 1 Ji GARY T. f GHIAI I1 City Attorney APPROVED AS TO CONTENT: ANNE C. i"U' Rt, Planning D i rector CITY OF SAN RAFAEL -LAWRENCE E. MULRYAt , Mayor CGNSULTANT CNALD 14 LOG AND ASSOCIM INC. ATTACHMENT A Under the Scope of Services, the CONSULTANT will provide professional consulting services to CITY for preparation of a Geotechnical Review Matrix in conjunction with the City of San Rafael's General Plan Revision Project which are generally described as follows: Preparation of a Geotechnical Review Procedure Matrix which will specify the scope of geotechnical review reports for various development proposals and permit applications. The specific tasks and responsibilities for the CONSULTANT and CITY in the performance of this Agreement are described below: 1. Review of various combinations of geotechnical constraints within the City of San Rafael Planning Area. 2. Determination of appropriate levels of geotechnical investigations for the various entitlements including but not limited to issuance of building permits, subdivision of land, rezoning and development plans. 3. Formulation of construction monitoring techniques to assure that recommendations of geotechnical reports are appropriately implemented. 4. Review of geotechnical review procedures for cities and counties in Northern California. 5. Preparation of a Geotechnical Review Matrix which will specify appropriate levels of geotechnical reports to be required at the time of application for development approvals or permits and specify minimum content requirements for such reports. 6. Meet with City staff to review draft Matrix, incorporate staff comments, and prepare final report. DONALD HERZOGATTACHMENT B & ASSWIATES, INC. GEOTECHNICAL CONSULTANTS SCHEDULE OF CHARGES No additional charges are made for vehicles, mileage, standard test equipment, or for laboratory equipment. Principal Engineer Associate Engineer- Senior ngineerSenior Engineer or Geologist Engineer or Geologist Staff Engineer or Geologist Senior Field Engineer Field Engineer Lab Technician Drafting Technical Typing - Word Processing Miscellaneous Labor Portable Auger with Crew Seismic Refraction Timer Nuclear Density Test Outside Services Per Diem $115 per hour $ 75-85 $ 70-80 $ 56-70 $ 50-56 $ $0 $ 40=55 $ 36 $ 36 $ 34 $ 34 $ 70 $ 10 $ 6 each Cost plus 20 percent Lodgings plus $25 per day Standard laboratory tests are charged for on a unit cost basis in accordance with the Laboratory Schedule of Charges. Travel time is charged at normal hourly rates. The charge for appearance as an expert witness is at the appropriate billing rate. Half-day and full-day minimums apply. Billings are due upon presentation and past due after 30 days. A 1.5 percent per month service charge and reasonable collection expenses, if any, are applied to past due accounts. Our work is performed in accordance with generally accepted standards of engineering practice. We offer no other guarantees or warranties, either expressed or implied. Overtime work required by the project will be subject to a 20 percent surcharge. These rates are in effect until July 1, 1986. 8/85:24-30 :fain Office: Branch Offices: 275 %lilier Ave. ❑ 3000 Cleveland Ave. 1541 Third St. ❑ 604 i%tission St. ❑ 290 North Main �%lil! VdIley. CA 94941 Santa Rosa, CA 95401 Napa, CA 94559 San Francisco. CA 94105 Lakeport, CA 95453 (4) 3:t 3.7740 (707) 523-3- l iU') 224-5.311 (315) 543-5943 (707) 279-0736 ATTACHMENT C A. Scope of Services Under the Scope of Services, the CONSULTANT will provide professional consulting services to CITY for finalization of the Geotechnical Review Matrix which is an appendix to the Draft Environmental Impact Report (EIR) and provide staff assistance in preparation of Responses to Comments on the Draft EIR in conjunction with the City of San Rafael's General Plan revision project which are generally described as follows: Final editing and refinement of the Geotechnical Review Procedure Matrix which will specify the scope of geotechnical review reports for various development proposals and permit applications. Provide City staff with technical assistance in preparation of responses to comments received on the Draft Plan and EIR. The specific tasks and responsibilities for the CONSULTANT and CITY in the performance of this Agreement are described below: 1. Meet with City staff to review draft Geotechnical Review Matrix. 2. Provide professional consultation regarding geotechnical review procedures and public health and safety issues. 3. Review, edit and provide staff with comments on contents of Draft General Plan and Draft EIR. 4. Assist City staff in preparation of responses to questions regarding geotechnical issues in conjunction with public review of Draft Plan and Draft EIR. B. Payment For payments specified herein, which the City agrees to make, the Consultant will undertake and complete the above noted work. Payment of contract planning work shall be as follows: 1. Services will be performed on a time and expense basis in accordance with Attachment B, Schedule of Charges, in an amount not to exceed $2,500.00. 2. Services shall be billed on a monthly basis. 3. Bills for payment shall be due upon presentation and paid within 30 days after receipt. C. Terms The terms of this Agreement shall be through March 15, 1987. Either party may terminate, with or without cause, by giving the other party thirty (30) days written notice. In the event of Agreement termination, City shall pay Consultant all sums then due and unpaid under this Agreement. Payment by City of such compensation shall be considered full and final settlement for all work performed by the Consultant under this Agreement. All completed reports and other documents and materials described in Attachment A shall become the property of the City.