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.