HomeMy WebLinkAboutCC Resolution 6966 (Merrydale Overcrossing)RESOLUTION NO. 6966
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL AUTHORIZING THE SIGNING OF AN
AGREEMENT WITH WILSEY & HAM, TO PROVIDE
ENGINEERING SERVICES FOR THE DESIGN OF THE
DIERRYDALE OVERCROSSING (PHASE ONE, THE FINAL
PLANNING -PHASE, NOT TO EXCEED $86,250)
WHEREAS, the City of San Rafael has identified the Merrydale
Road Overcrossing as an important element in the Northgate area
traffic circulation system; and
WHEREAS, the City has sought professional engineering services
for the final planning and design of the overcrossing through a
competitive selection process; and
WHEREAS, the City has determined that the consultant team
assembled by the firm of Wilsey & Ham meets all of the City's
knowledge and experience requirements; and
WHEREAS, City staff and the Consultant have developed an
Agreement for Professional Engineering Services to perform the needed
final planning and design work.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk
are authorized to execute, on behalf of the City of San Rafael, an
agreement with Wilsey & Ham, a California Corporation for Professional
Engineering Services for the Merrydale Road Overcrossing.
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 5th day of November, 1984, by the following vote,
to wit:
AYES: COUNCILMEMBERS:Frugoli, Nave, Russom and Acting Mayor Breiner
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:Mayor Mulryan
JEA . LEONCINI, ity Clerk
0R."',
`G1 N- LX
6 W
AGREEMENT
FOR
PROFESSIONAL ENGINEERING SERVICES
FOR
MERRYDALE ROAD OVERCROSSING
This AGREEMENT made this STS+ day of NOV., 1984 by and between CITY
OF SAN RAFAEL acting herein by and through its MAYOR, who is duly authorized
so to act and in behalf of said CITY OF SAN RAFAEL hereinafter called the CITY,
and WILSEY & HAM, a California Corporation consisting of engineers, surveyors
and technicians, hereinafter called CONSULTANT.
Recitals:
a. The CITY desires to employ a consultant to furnish engineering services for
the planning and design of the Merrydale Road Overcrossing.
b. The CONSULTANT is particularly familiar with the Merrydale Road
Overcrossing Project.
c. The CONSULTANT is qualified, competent, and experienced to so perform the
services required herein.
Therefore: That for and in consideration of the mutual convenants and promises
between the parties hereto, it is hereby agreed that the CONSULTANT shall
furnish engineering services for the planning and design of said public
improvements and the CITY shall make payment for same in accordance with the
terms and conditions set forth as follows:
I. PROJECT DESCRIPTION
The project is an overcrossing of U.S. 101, to connect Civic Center Drive to
Las Gallinas Avenue at Merrydale Road, in the City of San Rafael. This
project will include a bridge structure of over 500 feet in length and wide
enough to accommodate three lanes of travel, with bike paths and sidewalks on
both sides of the structure. There will also be approximately 300 linear feet
of surface roadway improvements on Merrydale Road to match the existing
road with the bridge overcrossing. Access opportunities to existing land uses
along Merrydale Road will be resolved.
Theproject is currently on the State Transportation Improvement Program
(STIP), with funding being supplied by Federal (FAU and FAP) and local
Assessment District sources. Environmental documentation and design
approvals will need to satisfy the guidelines and requirements of the City of
San Rafael, Caltrans, and FHWA.
2. ASSUMPTIONS AND CONDITIONS
A. This Agreement includes all services required for this project. However,
the phasing of the improvements will be such that the price and schedule
for the second phase will be negotiated prior to the CITY's issuance of a
Notice to Proceed for Phase 2.
B. The CITY will assign George Gerth as the engineer to work with
CONSULTANT during the project. George Gerth will report directly to
the Director of Public Works regarding his area of responsibility which is
full administrative control for the project.
C. Caltrans will assemble a Project Development Team for this project.
This team will be responsible for assistance to the CITY and
CONSULTANT in development of Scope of Work, Design Criteria and
Procedures for conforming to Caltrans and FHWA processing
procedures. They will be responsible for review of all documents
prepared by CONSULTANT as part of this project.
D. CONSULTANT will have access to all previous work prepared for this
project. This includes work by Caltrans, City Staff, City Consultants,
and any other related information in the City's records.
E. A full Environmental Impact Report will not be required for this project.
F. Caltrans will review all documents prepared by CONSULTANT on the
same basis that similar Caltrans prepared documents would be reviewed,
in terms of level of detail and quality of presentation.
3. PHASING
The services to be performed by the CONSULTANT are categorized into the
following phases:
Phase 1: Environmental Documents, Planning & Preliminary Design
Phase 2: Final Design, Construction Documents & Bidding Period
Assistance
4. SCOPE OF SERVICES
The services which the CONSULTANT agrees to perform in the above phases
of the project are generally described in Exhibit A "Scope of Services"
attached hereto and made a part hereof. It is intended that Exhibit A reflect
all the engineering services required for the planning and design of public
improvements required herein.
The services for Phase 2, as shown in Exhibit A, are a part of this Agreement;
but these services are not authorized at this time. These services will be
specifically authorized at a future date by the issuance of a Notice to
Proceed.
5. SCHEDULE
It is understood that the CONSULTANT shall commit his best effort and
necessary resources toward performing the. services required herein in
accordance with the following project schedule. CONSULTANT will diligently
proceed with the work herein and agrees to complete Phase 1 no later than
October 15, 1985, except that CONSULTANT will not be responsible for delays
occasioned by factors beyond CONSULTANT'S control, nor by factors which
could not reasonably have been foreseen at the time of the execution of this
Agreement. As described in Task 1 for Phase 1 in Exhibit A, a detailed
schedule for the various events in Phase 1 will be developed by CONSULTANT
as a part of this first task. The schedule for completion of Phase 2 will be
established concurrent with the authorization of Phase 2.
6. COMPENSATION
As compensation for performance of Phase 1 services required herein, the
CITY agrees to pay the CONSULTANT on a time and materials basis up to a
maximum limit. CONSULTANT shall perform all of the services described in
Task 1 through Task 15 for Phase 1 as described in Exhibit A for such sums
which shall not exceed $66,250, in accordance with CONSULTANTS Standard
Fee Schedule which is attached hereto as Exhibit B-1 and made a part of this
Agreement. CITY and CONSULTANT agree that said attached
CONSULTANT'S Standard Fee Schedule shall be effective through December
31, 1985 and may be amended annually thereafter. Such amendment shall be
in writing and shall be signed by the parties hereto.
Whereas the process of providing consultant services for Caltrans work has
many unknowns at this time, supplemental budget for additional and/or
optional services is set aside as $20,000. These additional and/or optional
services may be authorized by the DIRECTOR OF PUBLIC WORKS by signing
a Confirmation of Work, in the form shown as Exhibit E.
As compensation for performance of services required for Phase 2, the CITY
agrees to pay the CONSULTANT on a lump sum basis, in accordance with
CONSULTANT'S Standard Contract Provisions which is attached hereto as
Exhibit B-2 and made a part of this Agreement. The amount of this lump sum
compensation will be established concurrent with the authorization of Phase 2.
For budgetary purposes, this lump surra is estimated to be $132,200, as shown in
Exhibit C. Payments by CITY for Phase 2 services of CONSULTANT will be
based on an agreed upon schedule of events and deliverable products,
established concurrent with authorization of Phase 2.
7. TERMS OF PAYMENT
CONSULTANT shall submit monthly statements of fees and all other charges
as work progresses and the amount of each billing shall be due and payable ten
(10) days after the date of such billing. Any portion of a billing not paid within
thirty (30) days of the billing date shall be considered delinquent and shall bear
a delinquency charge of one (1) percent per month on the unpaid balance, but
in no event shall said delinquency charge or the payment thereof extend the
due date.
If any billing is not paid in full within 30 days after the billing date,
CONSULTANT has the right, but not the obligation, to cease performin work
hereunder upon delivery o -f written notice of its intention thereof to the NTY.
8. SCOPE AND EXECUTION OF SERVICES
CONSULTANT makes no warranty, either express or implied, as to its
findings, recommendations, specifications, or professional advice, except that
the same will be promulgated after being prepared in accordance with
generally accepted professional practice. No agent, employee or officer of
CONSULTANT has any authority to make such warranty as disclaimed above.
The prevailing party in any action brought to enforce or construe the terms of
this Agreement may recover from the other party its reasonable costs and
attorney's fees expended in connection with such an action.
9. INDEMNITY PROVISIONS
In the event of any injury or damage to any persons or property resulting from
the negligent act of the CONSULTANT, CONSULTANT shall defend,
indemnify and save harmless CITY, its employees, agents, and representatives
from and against all claims in connections with said injury or damage.
10. ASSIGNMENT OF CONTRACT
Neither the CITY nor the CONSULTANT shall assign this Agreement or any
portion thereof, without the written consent of the other.
11. OWNERSHIP OF DOCUMENTS
The CITY shall have full and complete access to CONSULTANT'S design,
calculations, drawings, specifications, and other documents during progress of
the work; and the surveys, reports of investigations, and design and
construction drawings prepared by the CONSULTANT shall become the
property of the CITY at the completion of the project.
Upon completion of the plans, specifications and estimates (opinion of
probable construction cost) as outlined in Exhibit A "Scope of Work",
CONSULTANT shall submit one set of reproducible mylar drawings plus 4 sets
of blueline prints, specifications, calculations and other pertinent documents
to the CITY.
CITY agrees to hold harmless, indemnify and defend CONSULTANT from and
against any and all claims which may arise out of any use or reuse of the plans
and/or specifications without the written authorization of the CONSULTANT.
12. CITY'S RESPONSIBILITIES
The CITY agrees to make available to the CONSULTANT all previous reports
and all plans, reports, records, and data pertaining to the street and utility
improvements owned by the CITY within the vicinity of the work. Other CITY
responsibilities are as listed in Exhibit D.
13. CONSULTANT'S INSURANCE
The CONSULTANT agrees to secure and maintain the following insurance
during the performance of services under this Agreement.
I. Worker's Compensation, with Employer's Liablity limits as required by
law.
2. Comprehensive General Liability Insurance, with limits not less than
$1,000,000 each occurence, Combined Single Limit Bodily Injury and
Property Damage, including Contractual Liability and Completed
Operations coverages. It is hereby understood and agreed that the City of
San Rafael, its officers, agents, and employees are additional insureds.
3. Comprehensive Automobile Liability Insurance, with limits not less than
$1,000,000 each occurence, Combined Single Limit Bodily Injury and
Property Damage, including Employer's non -ownership liability and hired
auto coverages.
4. Professional Liability Insurance in connection with the services performed
hereunder, with limits of liability not less than $1,000,000 per claim, and
annual aggregate.
14. ADDITIONAL SERVICES
CONSULTANT may, from time to time, be called upon to perform additional
services or special services other than those included in Exhibit A "Scope of
Work." Such services shall be performed by the CONSULTANT upon the
written notice of the Director of Public Works. Compensation for any such
additional or special services will be on a time and materials basis in
accordance with the attached Exhibit B-1 "Standard Fee Schedule".
15.,. TERMINATION OF AGREEMENT
This Agreement may be terminated by either party for any reason, upon ten
(10) days' written notice.
If this Agreement is terminated for any reason, CONSULTANT shall be paid
for the reasonable value of services performed by CONSULTANT up to the
time of such termination, together with all reasonable costs of termination.
Reasonable termination costs will be agreed upon between CITY and
CONSULTANT at time of termination. Said reasonable value of services shall
be determined in accordance with Exhibit B-1 "Standard Fee Schedule"
attached hereto.
16. GENERAL CONSIDERATIONS
A. CONSULTANT may employ the services of outside consultants and
subcontractors as is deemed necessary to complete work under this
Agreement. CONSULTANT shall be as fully responsible to the CITY for
the acts and omissions of his subcontractors, and of persons either
directly or indirectly employed by them, as he is for the acts and
omissions of persons directly employed by him.
B. It is agreed that CONSULTANT will assign the following personnel to this
project, and that the CITY reserves the right to approve any changes to
these assignments: Mr. George E. Homolka, as overall project
coordinator; Mr. James A. Kellner, as the manager of Phase 1; Mr. Louis
R. Patterson, as the manager of Phase 2; Ms. Kay Wilson, as the Director
of Environmental Analysis; and Mr. Robert Valentine, as Director of
Structural Design.
C. In the event that either CITY or CONSULTANT shall at any time or times
waive any breach of this Agreement by the other, such waiver shall not
constitute a waiver of any other or succeeding breach of this Agreement,
whether of the same or any other covenant, condition or obligation.
D. This document, together with the attached Exhibits A through E,
represents the entire and integrated Agreement between CITY and
CONSULTANT and supersedes all prior negotiations, representations, or
agreements, either written or oral. This document may be amended only
by writterti instrument, signed by both CITY and CONSULTANT. All
provisions of this Agreement are expressly made conditions. This
Agreement shall be governed by the laws of the State of California.
E. Except as provided herein and as CITY may specify in writing,
CONSULTANT shall have no authority, express or implied, to act on
behalf of CITY in any capacity whatsoever as an agent. CONSULTANT
shall have no authority, express or implied, pursuant to the Agreement to
bind CITY to any obligation whatsoever.
17. NOTICES
All notices herein required shall be in writing and shall be delivered in person
or sent by registered or certified mail, postage prepaid. Notices required to
be given shall be addressed as follows:
To City: Director of Public Works
1400 Fifth Avenue
P. O. Box 60
San Rafael, CA. 94915-0060
Attn: David Bernardi
To Consultant: Wilsey & Ham
P. O. Box H
San Mateo, CA. 94402-0099
Attn: George E. Homolka
On Witness Whereof, the parties to these presents have hereunto caused these
presents to be executed in duplicate the day and year first above mentioned.
CITY OF SAN RAFAEL
r ( Approved as to form;
TITLE: MAy c) P, ATTEST: n om .
City Clerk
WILSEY & HAM
BY:
TITLE: 11/GG DGS/ilen 1
Authorized by resolution of (2�q �= {c
Dated M OV . rte- 49 ES 4
EXHIBIT A
SCOPE OF WORK
Phase 1 - Final Planning
Task 1 - Memorandum Of Understandin
Wilsey & Ham will hold a meeting with the City staff and Caltrans Project
Development Team to determine the scope of work and responsibilities of the City,
Consultant, and Caltrans for the initial planning phase of the project. We will
prepare a draft of the Memorandum of Understanding, which will serve as an
informal Cooperative Study Agreement, stating the agreed upon items. This draft
will be reviewed by the City and Caltrans, then finalized by Caltrans. After the
Memorandum of Understanding is approved, Wilsey & Ham will provide a detailed
project schedule, which will be distributed to all major involved parties.
Periodically, this schedule will be updated to keep everyone informed about any
changes.
Task 2 - Project Category Determination
Caltrans has full responsibility for determining the Project Category. Wilsey &
Ham will coordinate with Caltrans to provide assistance in this determination. We
will also monitor the progress of this important step so that other work will not be
delayed.
Task 3 - Stage I Work Program Exemption
Wilsey & Ham will prepare a letter to Caltrans, in accordance with Project
Development Procedures Section 2-9.1, for the City's signature, requesting that the
Caltrans District Director provide an exemption from the Stage I Work Program.
This letter will provide justification for the exemption.
Task 4 - Cooperative Study Agreement
At the appropriate stage of study development, Wilsey & Ham will meet with City
staff and the Caltrans Project Development Team to review and update the scope
of work and responsibilities, as described in the Memorandum of Understanding.
We will prepare a draft of these agreed upon items, which will be the draft
Cooperative Study Agreement. This draft will be reviewed by the City and
Caltrans, then finalized by Caltrans.
Task 5 - Written Notification of Initiation of Studies (A-95)
Wilsey & Ham will prepare and mail Written Noficiation and A-95 Notifications of
Initiation of Studies, as specified in the Project Development Procedures Section 2-
14. Caltrans will review the mailing list and provide names and addresses of any
additional mailings required.
Task 6 - Environmental Studies and Documents
As consultant to Wilsey & Ham, Earth lvletr.ics Incorporated will prepare the
environmental studies and documentation needed for the project. The
environmental document will consist of a combined Initial Study and Environmental
Assessment for the purpose of obtaining a Negative Declaration (with mitigation
measures), to satisfy CEQA requirements, and a Finding Of No Significant Impacts
(FONSI), to satisfy NEPA requirements. It is assumed that the areas of
investigation for these documents will be limited -to traffic circulation and local
access, land use issues related to the nearby cemetery and the Civic Center Drive
area (project terminus), and visual impacts. It is also assumed that the proposed
project will not have a significant impact on the following areas: Wetlands,
Endangered Species, Historic and Cultural Resources, Air Quality, Noise, Section
4(f) Parkland, Flood Plain Encroachment, and Right -of -Way. Existing documents
will be used to substantiate this assumption, but no new detailed analysis will be
performed in these areas. The existing documents will also provide the traffic data
and projections for the environmental document.
The environmental document will be prepared as an Administrative Draft, Approval
Draft, Draft (for circulation) and a Final document. Twenty-five (25) copies of the
Administrative Draft document will be produced, and seventy-five (75) copies of
the Draft and Final documents will be produced.
Task 7 - Preliminary Engineerin
Wilsey & Ham will develop a maximum of three (3) alternatives, with input and
review by Caltrans, for preliminary study. These studies, performed by Wilsey &
Ham, will include traffic volumes, geometries, profiles, preliminary estimates,
access to existing properties and operational analysis, sufficient only to determine
the preferred layout. It is assumed that existing documents will provide all
necessary traffic volumes and projections. After the preferred layout is
determined, Engineering Computer Corporation, as consultant to Wilsey & Ham,
will develop bridge advance planning sketches (11" x 17") showing different
structure types and a square foot estimate of each. Wilsey & Ham will prepare
encroachment permits for access to Caltrans right-of-way, to obtain soils and
topographic survey information.
Task 8 - Project Report
Wilsey & Ham will prepare a Project Report (PR) in accordance with the
requirements of Project Development Procedures Section 2-18, dated October,
1983. We will review this PR with City staff and officials and incorporate their
comments into the final draft. We will then submit this final draft Project Report
to Caltrans. Caltrans has the responsibility for reviewing and finalizing the
Project Report. Wilsey & Ham will provide assistance to Caltrans and the City, in
an advisory capacity, during the finalizing of this document.
Task 9 - Circulate Draft Environmental Document
Wilsey & Ham will circulate the Draft Environmental Document (DED) to the
appropriate local, state, and federal agencies for review, along with a cover letter
which explains the subsequent processing of the document (public hearing, review
period dates, etc.).
Task 10 - Public Hearing
Caltrans will be responsible for providing all arrangements for a public hearing,
holding the hearing, and preparing a record of the hearing. Wilsey & Ham will
provide minor assistance with the preparation, participate in the public hearing
presentation, and provide coordination and minor asistance in the preparation of
the public hearing record.
Task 11 - Final Environmental Document
As discussed in Task 6, Earth Metrics will prepare the Final Environmental
Document, which responds to comments raised during the review of the DED. It is
assumed that responses to comments will be limited to those areas of focus of the
DED (traffic circulation, local access, land use, and visual impacts). Existing
environmental documents will also be utilized to respond to comments in areas not
analyzed in the DED.
Task 12 - Project Approval Report
Wilsey & Ham will prepare a Project Approval Report (PAR) in accordance with
the requirements of Project Development Procedures Section 2-21, dated October,
1983. We will review this PAP, with City staff and officials and incorporate their
comments into the final draft. We will then submit this final draft PAR to
Caltrans. Caltrans has the responsibility for reviewing and finalizing the Project
Approval Report. Wilsey & Ham will provide assistance to Caltrans and the City,
in an advisory capacity, during the finalizing of this document.
Task 13 - Freeway Agreement
Caltrans has full responsibility for preparation and approval of the Freeway
Agreement. Wilsey & Ham will provide minor assistance, in an advisory capacity,
and will monitor the progress of this document.
Task 14 - Meetings With Project Development Team
A Caltrans representative will serve as official leader of the Project Development
Team (PDT). However, Wilsey & Ham has responsibility for determining the need
for PDT meetings, conducting the project business portion of those meetings and
preparing minutes of the meetings. We will interact informally with individual
members of the PDT, as much as possible, in order to minimize the number of
official PDT meetings. It is assumed that there will be no more than five (5) PDT
meetings during Phase I.
Task 15 - Meetings with City Staff and Officials
Wilsey & Ham will meet periodically with City staff and officials in order to keep
them informed of progress, review items of interest, and obtain approvals. We will
interact informally with individual members of the City staff as much as possible
in order to minimize the number of official meetings. It is assumed that there will
be no more than six (6) meetings during Phase I with City staff and officials
(exclusive of the public hearing for the project).
Phase I Optional Services
Optional Task 16 - City Public Meeting or Hearin
Should the City decide that, in addition to the Caltrans public hearing, another
City run meeting or hearing is needed for the project, Wilsey & Ham could provide
the consultant services needed for such a meeting. These services could include
preparation of presentation graphics and other informational items, presentation of
a project summary, and responses to appropriate questions.
Optional Task 17 - Progress Reports and Other Documentation
Wilsey & Ham could prepare a monthly progress report for the project, which could
be used as a part of the staff report to keep everyone up-to-date. We could also
prepare any other miscellaneous documents or reports requested by the City
agencies, Caltrans, or FHWA.
Optional Task Ig - Additional Environmental Studies
As indicated in Task 6, the environmental document is assumed to be focused on a
limited number of issues (traffic, local access, land use, and visual impacts).
Should there be a need for additional studies to cover new issues, which may arise
during the course of the documentation, Wilsey & Ham could provide these
additional studies.
Phase 2 - Final Design
Task 19 - Bridge General Plan
As consultant to Wilsey & Ham, Engineering Computer Corporation will prepare
the Bridge General Plan, showing plan, elevation and typical section for review by
the City, Caltrans and FHWA.
Task 20 - Geotechnical Investigation
As consultant to Wilsey & Ham, Allstate Geotechnical Services will prepare the
necessary geotechnical investigation needed for the preliminary and final design of
the improvements. The investigation will include the following subtasks: a) drill
and log at 5 boring sites in the project area, with a total boring depth of 300 feet
maximum, b) testing and laboratory analysis of soils samples, c) recommendations
related to design parameters, and d) preparation of a report containing conclusions
and recommendations.
Task 21 - Preliminary Plans, Specifications and Estimate
Based on the results of Phase I planning and design work, Wilsey & Ham will
prepare preliminary Plans, Specifications and Estimate (PS&E) for review by the
City, Caltrans, and FHWA. This review package will include the following
improvements for the Merrydale Road Overcrossing: a) structural design of the
bridge over U.S. 101, b) retaining walls for the bridge approaches, c) grading and
street paving, d) curbs, gutters, sidewalks and bike paths, e) lighting, signing and
striping, f) new traffic signals (with interconnection) at the Las Gallinas Avenue
and Civic Center Drive intersections, and g) a street drainage system.
Construction staging and detour plans will also be included in the preliminary
PS&E. We will incorporate into the PS&E package any utility relocation work
designed by others (such as PG&E).
Task 22 - Signal Timing Studies
Wilsey &. Ham will provide the necessary signal timing and phasing analysis to allow
for coordinated operation of the new traffic signals at the Merrydale Road
intersections with Las Gallinas Avenue and Civic Center Drive.
Task 23 - Right -of -Way Engineering
Wilsey & Ham will establish right-of-way requirements for the project, prepare
necessary legal descriptions and plans of required construction easements and
additional rights-of-way certification. These documents will be prepared at the
earliest possible time to allow for negotiations for the required right-of-way, so
that the construction schedule is not delayed.
Task 24 - Final Plans, Specifications and Estimate
Wilsey & Ham will meet with the City, Caltrans, and FHWA to discuss their
comments on the Preliminary PS&E, and we will prepare Final Plans, Specifications
and Estimate which incorporate these comments. An additional set of revised
PS&E will be prepared by Wilsey & Ham to address remaining comments on the
Final PS&E package.
Phase 2 - Optional Services
Optional Task 25 - Additional Meetings and Hearings
Should additional meetings be necessary, beyond the number described in the
preceding Scope of Work, Wilsey & Ham could attend such meetings or hearings on
a time and materials basis.
Optional Task 26 - Additional Design Services
Should there be the need for the planning and design of improvements not specified
in the previously described tasks, Wilsey & Ham could provide the planning and
design services needed for these improvements.
Optional Task 27 - Right -of -Way Acquisition
Wilsey & Ham could provide the City with a qualified appraiser and right-of-way
agent, who could negotiate on behalf of the City to obtain the necessary right-of-
way for the project.
Optional Task 28 - Bidding Period Assistance
Wilsey & Ham could assist the City and Caltrans during the bid period by providing
the following services: a) interpretation of contract documents, b) maintain a log
of questions from contractors and the responses given, c) participation in a pre-bid
conference, d) preparation of any needed contract addenda and submittal to
bidders, e) tabulation and analysis of contract bids, and f) recommendation for
award of contract.
Optional Task 29 - Construction Period Services
Wilsey & Ham could assist the City and Caltrans during the construction period by
providing the following services: a) participation in a preconstruction conference,
b) shop drawing review, c) construction staking and d) resident engineering (part-
time or full-time).
EXHIBIT B-1
WILSEY & HAM
STANDARD FEE SCHEDULE
& STANDARD CONTRACT PROVISIONS
I. STANDARD FEE SCHEDULE
The compensation of Wilsey & Ham for work done on the basis of salary cost times a factor, plus incurred ex-
penses (which may be referred to as "time and materials" or "standard billing") will be the sum of all of the items
set forth below:
A. PERSONNEL SERVICES
1. 2.2 times salary cost. Salary cost is defined as total hours worked times the employee's straight -time
rate of pay on an hourly basis plus 37% allowance for payroll taxes and other employee benefits. All
time spent in connection with the order by executive, professional, subprofessional, technical, and
clerical employees will be included.
2. Overtime premium (overtime hours worked times the difference between overtime and straight -time
pay rates) if the client's requirements make overtime work necessary.
B. TRAVEL AND TRANSPORTATION EXPENSES
1. Reimbursement for actual travel and subsistence expenses paid to or on behalf of employees on
business connected with the project, plus a service charge of 10o.
2. Thirty-five cents (35(t) per mile for use of vehicles. A minimum of four dollars (54.00) per hour will
be charged for use of vehicles carrying field survey equipment or used for field inspection and super-
vision.
C. OUTSIDE SERVICES
I. Invoice cost of services and expenses charged to Wilsey & Ham by outside consultants, professional,
or technical firms engaged in connection with the order, plus 15S,o overhead costs.
D. MISCELLANEOUS EXPENSES
The invoice cost of materials, supplies, reproduction work, and other services, including communica-
tion expenses, procured by Wilsey & Ham from outside sources, plus a service charge of 105o.
All out-of-pocket expenses not included in Items A, B, and C will be included in this category.
2. a. Electronic distance measuring devices
used in performing services for a client
b. Computer use charges
C. Word Processor
Il. STANDARD CONTRACT PROVISIONS
A. TERMS OF PAYMENT
Varies depending on instrument used
Varies depending upon program and outside
service use
Varies depending on machine used
other charges will be billed monthly as work progresses and the amount of each
be due and payable ten , date of such billing. Any t in not paid within
thirty (30) days of the billing date shall be c �cJ L11 bear a delinquency charge of
one (1) percent per unpaid balance, but in no event shall said de tnquet
ereo extend the due date.
t aid in full within 30 days after the billing date, then in addition to �have
dies available to \Wilsey & am ming work hereunde cry o wotice of
its intention thereof to the client. Further, i uc Ham shalhe right,'
but not the oblieati er orming work under any other contract then outstan tng
t sey & Ham.
Should legal action be necessary to enforce the provisions of any contract entered into of which this
schedule is a part, the client agrees to pay all attorneys' fees and court costs incurred in the prosecution
thereof.
(See reverse side)
B. SCOPE AND EXECUTION OF SERVICES
Wilsey & Ham makes no warranty, either express or implied, as to its Findings, recommendations, specifi-
cations, or professional advice, except that the same will be promulgated after being prepared in accord-
ance with generally accepted professional practice. No agent, employee or officer of Wilsey & Ham has
any authority to make such warranty as disclaimed above.
In the event that the client requests termination of the work prior to completion, Wilsey & Ham reserves
the right to complete such analyses and records as may be necessary to place its files in order and, where
considered necessary to protect its professional reputation, to complete a report on work performed to
date. A termination charge to cover the costs thereof in an amount not to exceed ten (10) percent of all
charges incurred up to the date of the stoppage of the work may be made at the discretion of Wilsey &
Ham.
Wilsey & Ham will diligently proceed with the work contracted for, but it is expressly agreed and under-
stood that Wilsey & Ham shall not be held responsible for delays occasioned by factors beyond its control,
nor by factors which could not reasonably have been foreseen at the time of the execution of the agree-
ment between the parties.
In the event the client makes a claim against Wilsey & Ham, at law or otherwise, for any alleged error,
omission, or other act arising out of the performance of its professional services,
"a"''paa`, a; ;' ' the prevailing party shall be entitled to their
reasonable attorney's fees.
LIMITATION OF LIABILITY
An all liability, claim for damages, cost of defense, or expenses to be levied against Wilsey & H
will be lima o a sum not to exceed Fifty Thousand Dollars 050,000.00) or the amou its fee,
whichever is greater, ccount of any injury or damage to persons or property 0 sing out of any
design defect, error, omissioi , rofessional negligence. Further, the clie rees to notify any con-
tractor or subgentractor who may per work in connection wit naking use of any design, report,
or study prepared by Wilsey & Ham of such i ion of I" ' ity and require as a condition precedent
to its performing the work a like limitation of ii their part as against Wilsey & Ham. In the
event a client fails to obtain a like limita ' ut liability provisi to injury or damage to persons or
property, design defects, errors, o , ons, or professional negligence, any lity of Wilsey & Ham and/
or the client to such co or or subcontractor arising out of alleged injury or ioe to persons or
property, design ects, errors, omissions, or professional negligence shall be allocate veep the
client a sey & Ham in such a manner that the aggregate liability of Wilsey & Ham shall not exp
housand Dollars (550,000.00) or the amount of its fee, whichever is greater.
W&H Form C
Effective March 1, 1981
W I LSEY & HAM
STANDARD CONTRACT PROVISIONS
A. TERMS OF PAYMENT
other charges will be billed monthly as work progresses and the amount of eacl
shall be due and pays to ter the date of such billing.. u a billing not paid
within thirty (30) days of the billing date steal c t and shall bear a delinquency
charge of one (1) er nti on the unpaid balance, but in no event sha sat
e payment thereof extend the due date.
is not paid in full within 30 days after the billing date, then in addition to
remedies available to 1 i sey ease performing work h un slivery of written
notice of its intention thereof to the client to default Wilsey & Ham shall
have the right, but gation, to cease performing v:ork under any other contras
L
etween the client and Wilsey & Ham.
Should legal action be necessary to enforce the provisions of' any contract entered into of which this
schedule is a part, the client agrees to pay all attorneys' fees and court costs incurred in the prosecution
thereof.
B. SCOPE AND EXECUTION OF SERVICES
Wilsey Fz Ham makes no warranty, either expressed or implied, as to its findings, recommendations,
specifications, or professional advice, except that the same will be promulgated after being prepared
in accordance with generally accepted professional practice. No agent, employee or officer of Wilsey &
Ham has any authority to make such warranty as disclaimed above.
In the event that the client requests termination of the work prior to completion, Wilsey & Ham
reserves the right to complete such analyses and records as may be necessary to place its Files in order
and; where considered necessary to protect its professional reputation, to complete a report on work
performed to date.. A termination charge to cover the costs thereof in an amount not to exceed ten
(10) percent of all charges incurred up to the date of the stoppage of the work may be made at the
discretion of Wilsey & Ham.
Wilsey & Ham will diligently proceed with the work contracted for, but it is expressly agreed and
understood that Wilsey & Ham shall not be held responsible for delays occasioned by factors beyond
its control, nor by factors which could not reasonably have been foreseen at the time of the execution
of the agreement between the parties.
In the event the client makes a claim against Wilsey & Ham, at law or otherwise, for any alleged error,
omission, or other act arising out of the performance of its professional services, and the client fails
to prove such claim, then the client shall pay all costs, including actual attorneys' fees incurred by
Wilsey & Ham in defending itself against such claim.
MITATION OF LIABILITY
Any all liability, claun for damages, cost of defense, or expenses to be levied against Wilsey & H
will be limite a sum not to exceed Fifty Thousand Dollars (SS0,000.00) or the amour its fee
whichever is greater, ccount of any injury or damage to persons or property ising out of any
design defect, error, omisst ar professional negligence. Further, the it agrees to notify any
contractor or subcontractor who ma rfornl work in connectio t 1 or making use of any design,
report, or study prepared by Wilsey & Hanl such limi n of liability and require as a condition
precedent to its performing the work a like limita " - iability on their part as against Wilsey & Ham.
In the event a client fails to obtain a 1, • , nutation of' Iia ' ' v provision as to injury or damage to
persons or property, design defe • , rrors, omissions, or professions Uligence, any liability of' Wilsey
& Ham and/or the clien such contractor or subcontractor arising out of • ed injury or damage to
persons or pro design defects, errors, omissions, or professional negligence 1 be allocated
betwee . client and Wilsey & Ham in such a manner that the aggregate liability of Wi s C Ham
not exceed Fifty Thousand Dollars (550,000.00) or the amount of its fee, whichever is Brea
W&H Form 1
Effective March 1, 1981
EXHIBIT C
ESTIMATE OF CONSULTANT FEES
The following is a breakdown of the fee limits presented in Subsection 6 of this
Agreement:
Task; Fee Estimate
Phase I
1.
Memo of Understanding
$ 1,800
2.
Project Cat. Deter.
900
3.
Stage I WP Exempt.
400
4.
Coop. Study Agreement
2,300
5.
Notification of Studies
900
6.
Environ. Documents
12,000
7.
Prelim. Engineering
17,400
S.
Project Report
3,800
9.
Circulation DED
500
10.
Public Hearing
2,400
11.
Final Envir. Doc.
5,250
12.
Project Approval Report
3,400
13.
Freeway Agreement
700
14.
Mtgs. with PDT
6,800
15.
Mtgs. with City Staff
4,700
Phase
I Total . . . . . . . $
63,250a
Reimbursable
Expenses . . .
3,000
Phase
I Optional and/or Addi-
tional
Services . . . . . . $
20,000
Task
Phase II
19. Bridge General Plan
20. Geotech. Investigation
21. Prelim. PS&E
22. Signal Timing Studies
23. R/O/W Engineering
24. Final PS&E
Phase II Total. . . . . . .
Phase II Optional and/or
Additional Services . . .
Fee Estimate
} 6,200
22,000
81,000
3,000
10,000
10,000
$132,200a
(Unknown)
aThis does not include reimbursable expenses, such as printing costs, travel, etc.
EXHIBIT D
OBLIGATIONS OF CITY TO CONSULTANT
The CITY shall provide the CONSULTANT with all available records and
documents pertinent to the timely completion of the CONSULTANT'S services,
including (but not limited to) the following:
1.. Environmental Impact Report for Northgate Activity Center Plan and other
related documents.
2. Available plan, topography, and other maps and records of previous analysis of
the project.
3. Freeway Agreement, between City of San Rafael and Caltrans, relating to the
Manuel T. Freitas Parkway interchange with U.S. 101.
4. Available City standards, details, specifications, regulations, and guidelines
applying to the project.
The CITY will also be responsible for the following:
1. Make all provisions for CONSULTANT to enter upon public or private lands as
required for CONSULTANT to perform such work as inspections, surveys, and
site visits in the development of the project.
2. Assist CONSULTANT in obtaining Encroachment Permits from Caltrans.
3. Manage and be responsible for all negotiations with owners in connection with
land and/or easement acquisition, if any, and provide all title reports and
appraisals required.
4. Provide a place for special meetings and hearings, serve all public and private
notices, receive and act upon all protests and fulfill all requirements necessary
to the development of zhe project and pay all costs incidential thereto.
5. Review plans and other documents presented by the CONSULTANT and
render decisions, in writing, within a reasonable period of time. Give prompt
written notice to the CONSULTANT at any time that CITY observes or
otherwise becomes aware of any error, omission, or defect in the project.
6. Provide legal notices related to processing of environmental documents,
including public hearing dates and places. Provide necessary stamped
envelopes for distribution of environmental documents.
7. Provide all necessary legal assistance required for right-of-way certification.
8. Pay for all permits and design services for the project provided by PG&E,
other utility companies, and other public agencies.
EXHIBIT E
CONFIRMATION OF WORK
(Time and Materials Contract)
To:
From: Wilsey & Ham
Subject: Job No.
You are hereby authorized to perform the following
Services:
Services to be completed as needed. For bugetary purposes, we anticipate that the
above mentioned services will amount to about
total of under our contract No. ,for a
The above mentioned work will be performed on a time and materials basis and in
accordance with our existing contract, dated
monthly as the work progresses. Billings will be made
If th6 conditions stated herein are agreeable to you, please indicate by your signature in
the space provided below and return one copy to us.
Very truly yours,
WILSEY & HAM ACCEPTED:
By By
Title Title
Date
Date