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Home My WebLink AboutCC Resolution 7372 (General Plan Consulting)n RESOLUTION NO. 7372 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement with Donald Herzog and Associates, General Plan REvision Geotechnical Consultants, a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly= intro- duced and adopted at a regular meeting of the City Council of said Cite held on Monday the 7th- day of July , 19 86 , by the following vote, to wit: AYES: COUNCIL',EP-=RS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOBS : COU- CIL'. E ,=-2S : None ABSENT: COUNCIL-ME1,3ERS : None JEa-TNE M. LEONCINI, City Clerk RIGINAI 7 rL 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 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. 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: J NE M. LEONCIN , City Clerk APPROVED AS TO FORM: GU �� / c�. 4ic GARY �. R�1 l IA T'I", City Attorney i 1 APPROVED AS TO CONTENT: ANNE C. 111; Tannin9 Director CITY OF SAN RAFAEL -mac£ LAWRENCE E. CONSULTANT MULRYAN', Mayor eHERZOG A AND ASSOCIAT , 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. 11 �)� �//�i�-,\ �,Jc � ,. � ��.r` ,'• )7J � �( L �� 1, '?�00 %/i�`� — 111 'i( ((�%'�,=�` , DONALD HERZ06ATTACHMENT B & ASSMATES, 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 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 $ 60 $ 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 Main Office: Branch Offices: 275 Miller Ave. C 3000 Cleveland Ave. ❑ 1541 Third St. ❑ 604 Mission St. ❑ 290 North Main Mill Valley, CA 94941 Santa Rosa, CA 95401 Napa, CA 94559 San Francisco, CA 94105 Lakeport, CA 95453 (415)383-7740 (707)523-38sr• (707)224-5411 (415)543-5943 (707)279-0736