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Home My WebLink AboutPW Large Trash Capture Design Services; Schaaf & WheelerAGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SAN RAFAEL AND SCHAAF & WHEELER, CONSULTING CIVIL ENGINEERS FOR LARGE TRASH CAPTURE DESIGN SERVICES This Agreement is made and entered into as of August 26, 2024 (the "Effective Date"), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation (hereinafter "CITY"), and SCHAAF & WHEELER, CONSULTING CIVIL ENGINEERS, a California corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement." RECITALS A. CITY desires to secure professional services more fully described in this Agreement, at Exhibit A, entitled "SCOPE OF SERVICES"; and B. CONSULTANT represents that it, and its subcontractors, if any, have the professional qualifications, expertise, and necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of CITY; and C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for. NOW, THEREFORE, the parties hereby agree as follows: AGREEMENT l . SERVICES TO BE PROVIDED. Except as otherwise may be expressly specified in this Agreement, CONSULTANT shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise (collectively referred to as "Services") to satisfactorily complete the work required by CITY at its sole risk and expense. Services to be provided to CITY are more fully described in Exhibit A entitled "SCOPE OF SERVICES." CONSULTANT acknowledges that the execution of this Agreement by CITY is predicated upon representations made by CONSULTANT in that certain proposal ("Proposal") set forth in Exhibit A, which constitutes the basis for this Agreement. 2. COMPENSATION. In consideration for CONSULTANT's complete performance of Services, CITY shall pay CONSULTANT for all materials provided and services rendered by CONSULTANT at the unit Rev. 08.22 rates and rates per hour for labor, as set forth in Exhibit A, for a total amount not to exceed $476,565. CONSULTANT will bill City on a monthly basis for Services provided by CONSULTANT during the preceding month, subject to verification by CITY. CITY will pay CONSULTANT within thirty (30) days of City's receipt of invoice. 3. TERM OF AGREEMENT. Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the Effective Date of this Agreement and terminate on March 1, 2027. 4. PROJECT COORDINATION. A. CITY'S Project Manager. Adeel Shaikh is hereby designated the PROJECT MANAGER for the CITY and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONSULTANT'S Project Director. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Caitlin Tharp is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONSULTANT shall notify the CITY within ten (10) business days of the substitution. 5. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONSULTANT and any and all of CONSULTANT's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 08.22 2 6. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONSULTANT in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 7. INSPECTION AND AUDIT. Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONSULTANT in connection with its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY or its agent in any such audit or inspection. 8. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 9. INSURANCE REQUIREMENTS. During the term of this Agreement, and for any time period set forth in Exhibit B, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in Exhibit B. 10. INDEMNIFICATION. A. Except as otherwise provided in subparagraph B of this section, CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONSULTANT'S performance of its obligations or conduct of its operations under this Agreement. The CONSULTANT' obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONSULTANT' indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONSULTANT's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONSULTANT's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT'S performance of or operations under this Agreement, v 08.22 CONSULTANT shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. B. Where the services to be provided by CONSULTANT under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil Code sections 2782, 2782.6 and 2782.8, CONSULTANT shall indemnify and hold harmless the CITY and its officers, officials, and employees (collectively City Indemnitees) from and against damages, liabilities or costs (including incidental damages, Court costs, reasonable attorney's fees as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in connection therewith and costs of investigation) to the extent they are caused by the negligence, recklessness, or willful misconduct of CONSULTANT, or any subconsultants, or subcontractor or anyone directly or indirectly employed by them, or anyone for whom they are legally liable (collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct of such City Indemnitee. C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 11. NONDISCRIMINATION. CONSULTANT shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 12. COMPLIANCE WITH ALL LAWS. CONSULTANT shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONSULTANT shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONSULTANT shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 13. NO THIRD PARTY BENEFICIARIES. CITY and CONSULTANT do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 08.22 4 14. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: To CITY's Project Manager: Adeel Shaikh, Junior Engineer 111 Morphew Street San Rafael, CA 94901 15. INDEPENDENT CONTRACTOR. To CONSULTANT's Project Director: Caitlin Tharp 4699 Old Ironside Dr, Ste 350 Santa Clara, CA, 95054 For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONSULTANT and CITY expressly intend and agree that the status of CONSULTANT, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 16. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONSULTANT and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONSULTANT and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 17. SET-OFF AGAINST DEBTS. CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT under this Agreement, any monies which CONSULTANT owes CITY under any ordinance, 08.22 5 agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 18. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 19. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 20. CITY BUSINESS LICENSE / OTHER TAXES. CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code, and CONSULTANT shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONSULTANT has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 21. SURVIVAL OF TERMS. Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled and shall apply to both Parties' respective successors and assigns. 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 23. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed by electronic signature and in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one document. Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission. 08.22 6 [Signatures are on the following page.] v 08.22 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL: Crisfine A-lilovioh Cristine Alilovich (Aug 26, 202421:47 PDT) CRISTINE ALILOVICH, City Manager APPROVED AS TO FORM: Office of the City Attorney bbat T Ed rMin Robert F. Epstein (Aug 21, f02415:11 PDT) By: ROBERT F. EPSTEIN, City Attorney ATTEST: City Clerk r3a�ns� it11-wwl I Cl,3> Brenno Nurmi ;lorr (Aug 27. 202' 35 PDT! LINDSAY LARA, City Clerk 08.22 8 CONSULTANT: Cal*Wii 7kayd „uu+ It, ,p .�C 7. '071 53T7 70- By: Schaaf & Wheeler Name: Caitlin Tharp Title: Vice President, RCE76810 [If CONSULTANT is a corporation, add signature of second corporate officer] By: Schaaf & Wheeler Name: Charles Anderson Title: President EXHIBIT A SCOPE OF SERVICES The Services to be performed for CITY by CONSULTANT under this Agreement are more fully described in CONSULTANT's proposal, which is attached to this Exhibit A. Rev. 08.22 A-1 Schaaf 4P Wheeler 870 Market Street, Suite 1278 CA CONSULTING CIVIL ENGINEERS San Francisco, 246-48484 (408) 48 info@swsv.com PROPOSAL MEMO VIA EMAIL DATE: August 12, 2024 TO: Adeel Shaikh, City of San Rafael FROM: Caitlin J. Tharp, PE SUBJECT: City of San Rafael Design of Large Trash Capture Devices Proposal Schaaf & Wheeler is providing you with this scope and fee to perform design of three large trash capture devices for locations: SR-002 Canal Pump Station, SR-129 Redwood Highway and SR- 143 Rossi Pump Station. Task 1: Project Management 1.1 Project Management, Quality Control and Invoicing: The Consultant shall be responsible for providing all contract management and quality control services throughout the duration of the project. Consultant shall provide monthly invoices with work summaries by Task. 1.2 Meetings: Consultant shall be available via phone and email throughout the project and virtual meetings will be scheduled at four (4) key milestones. • Kick-off meeting • 35% Preliminary Engineering review (SR-002) • 65% Design review • 95% Design review 1.3 Schedules: Consultant shall ensure deliverables are on time and within budget. Consultant shall provide regular schedule updates with invoices. Deliverables • Project schedules and updates • Meeting agendas and minutes for all design and coordination meetings Task 2: Preliminary Engineering Preliminary Engineering tasks shall be conducted on each of the indicated watersheds in the table below: Task I SR-129 I SR-143 SR-002 2.2 Utility Locating and Potholing X 2.3 Topographic Survey X X 2.3 Boundary Research X X X 2.4 Geotechnical Investigation X 2.5 Hydraulic Flooding Impact Analysis X X X 2.5.1 Caltrans Review Requirements X X X To: Adeel Shaikh, City of San Rafael August 12, 2024 2.1 Field Visit: Consultant shall conduct a field visit with City engineering and maintenance staff to each of the three locations. 2.2 Utility Locating: Consultant shall determine the extent of area necessary for utility survey and conduct all utility surveys necessary to determine underground conflicts and pipe depth and size at Site SR-002 Canal. Consultant shall identify locations and conduct potholing where/if necessary. This assumes ground penetrating radar and up to 4 potholes at site SR-002 and no potholing is needed at sites SR-143 and SR-129. Note that 35% design work for SR-129 included Ground Penetrating Radar for utility locating and it is not needed at site SR-143 due to project configuration above grade. 2.3 Topographic Survey and Boundary Research: The Consultant shall conduct all field topographic and control surveys necessary to determine ground surface information. Design at site SR-143 will be based on pump station structure as-builts and field measurements. Perform property line research and obtain title report. Based on the project locations it is assumed boundary by documentations shall be sufficient. 2.4 Geotechnical Investigation: The Consultant shall complete a complete geotechnical analysis for site SR-002 which includes but is not limited to site reconnaissance, exploratory soil borings, and laboratory testing. The Consultant shall determine the number of borings required and locations of such borings to adequately assess the subsurface conditions and present design parameters for the trash devices. The Consultant shall conduct the geotechnical analysis. The Consultant shall be responsible for traffic control during exploratory soil borings and shall obtain all necessary permits. The Consultant shall provide the lab analytical results used to determine appropriate disposal sites for the geotechnical soil borings. A licensed civil engineer or licensed geotechnical engineer shall be used. No borings shall be necessary for sites SR-129 and SR-143. 2.5 Hydraulic Flooding Impact Analysis: The Consultant shall develop or update an unsteady -state storm drain hydraulic model calibrated to known gauge data if none is available then to local high water mark information and observations from the local community for sites SR-129 and SR-002. A pump station analysis shall be completed for the potential impacts of SR-143 on Rossi Pump station, should there be impacts, a hydraulic model will be developed of the upstream network. Consultant shall perform a hydraulic flooding impact analysis to determine adverse hydraulic impacts and inefficiencies of the proposed large FCS devices to the existing upstream storm drain network. If reusing an existing model, the consultant shall review the model and its parameters and is responsible for ensuring that the model is correct. Flooding impacts shall be assessed using a balanced design storm using Atlas 14 data for the following flow events; the water quality treatment flows (typically the 1 year-1 hr.) and the 10-yr 24-hour flow. Model runs shall be conducted assuming that the trash device (1) is unobstructed, (2) 50-percent obstructed and (3) completely (100 percent) obstructed. Flood assessment shall be based on the Q10 flow and include both water elevation impacts, i.e. the Hydraulic Grade Line (HGL) as well as changes in velocity, i.e. the Energy Grade Line (EGL). One value of SLR using values based on the work life of the device shall be run to assess the resilience of the device against SLR during its design lifetime. The design does not necessarily need to be modified based on this SLR run but the impacts documented and discussed with City staff to decide on any needed design modifications. Schaaf 6' Wheeler 2 To: Adeel Shaikh, City of San Rafael August 12, 2024 If the additional flood risk cannot be completely avoided by specific device location, size or bypass design, then the Consultant shall propose what upstream mitigation measures, if any, could be taken to mitigate or offset such flood risk due to the trash device. 2.5.1 Caltrans Review Requirements: The Consultant shall include a HGL calculation for submittal to Caltrans covering the portions of the drainage systems within Caltrans right of way (ROW) for the existing and proposed conditions for a 25-year design flow for SR-129, SR-143 and SR-002 and 5-minute minimum Time of Concentration for watersheds with Caltrans ROW only. If there are no impacts in the case of SR-143, a hydraulic model of the upstream system will not be necessary. 2.6 Cost Estimates: The Consultant shall update the cost estimates for all three sites. 2.7 35% Concept Design Site SR-002: The Consultant shall draft for City review the preliminary designs (35% schematic design) for SR-002. The Consultant shall finalize the 35% designs based on comments by the City for SR-002. Assume two -week City review period. The Consultant shall provide the 35% designs to the City for SR-002 in the most recent version of AutoCAD Civil 3D and in PDF format. Deliverables • Topographic ground and utility survey in AutoCAD, GIS, and PDF format • Potholing report, site SR-002 • Boundary research and property line delineation in AutoCAD, GIS and PDF format • Geotechnical Investigation Report including boring logs for site SR-002 • Hydraulic Flooding Impact Analyses Results and data package • Schematic design (35%) documents for SR-002 in PDF format and in the most recent version of AutoCAD Civil 3D • Cost estimate worksheet including final designs, permitting, CEQA (if required) and capital and operation and maintenance costs Task 3: Design Consultant shall use all information obtained in Task 2 and from previous design work completed to prepare the plans, specifications, and estimates (PS&E) for watersheds SR-129, SR-143 and SR-002. Plan set shall include but not limited to device type and sizing, bypass design structure if offline system is necessary, maintenance access details, and construction details including dewatering, shoring, staging, and erosion and sediment control. This assumes the design of a trash capture device upstream of Canal Pump Station for site SR-002. 3.1 Basis of Design Report: Consultant shall develop a hydraulic modeling report and include in the basis of design report for all three watersheds that includes Task 2.5 and required information by Caltrans in Task 2.5.1 for SR-129, SR-143 and SR-002. The hydraulic memo shall include clear descriptions of all modeling assumptions and results of calibration, validation and project runs and clearly identify and quantify any impacts. 3.2 — 3.4 65%, 95% and 100% PS&E: PS&E shall be submitted to the City and Caltrans at 65%, 95%, and 100% final construction documents. Assume a 15-business day review period for 65% and 95% documents by City staff and Caltrans (Caltrans review required for SR-129, SR-143 and SR-002). Consultant shall provide written responses to all comments. Schaaf G' Wheeler 3 To: Adeel Shaikh, City of San Rafael Auqust 12, 2024 • Consultant shall design certified full trash capture at three (3) Trash Management Areas (TMAs). • Designs shall include any infrastructure upgrades where deficiencies were found during field investigations in previous design work provided that are necessary for systems to function. This does not include significant pump station changes or mitigation requiring electrical power or topographic survey more than that completed under Task 2. • Designs should minimize or mitigate adverse hydraulic impacts and/or flooding conditions when devices are 50% and 100% full using information completed in Task 2.5 and 2.5.1. Mitigation can include berming or minor grading or structural modifications to show no net flooding impact from these devices or that this impact has been mitigated to the extent practical. These impacts shall be reviewed by Staff for CEQA compliance. • Designs should minimize construction -phase and on -going maintenance impacts on neighboring traffic, residents and businesses. • Consultant shall develop traffic control plans for construction phase and on -going maintenance activities. • Consultant shall identify potential areas that the contractor could use for material and equipment staging during construction activities. • Designs shall include geotechnical study recommendations, including piles if necessary. • Specifications shall be developed following Caltrans and City standards. • Cost estimate shall include a quantity table quantifying all materials and items of work required to construct trash device(s) as designed. • A licensed civil or structural engineer stamp is required on the design documents. 3.5 O&M Plan: Consultant shall prepare an O&M Plan for each trash device. 3.6 Utility Coordination: Consultant shall lead utility conflict coordination, if necessary. Deliverables • 65% construction documents size 22x34" in PDF format and in the most recent version of AutoCAD Civil 3D. The Consultant shall provide specifications and estimates in Microsoft Office format. The three (3) trash devices (SR-129, SR-143, SR-002) shall be in one plan set. • 95% construction documents size 22x34" in PDF format and in the most recent version of AutoCAD Civil 3D. The Consultant shall provide specifications and estimates in Microsoft Office format. • 100% Final construction documents size 22x34" in PDF format and in the most recent version of AutoCAD Civil 3D. The Consultant shall provide specifications and estimates in Microsoft Office format. • Utility Coordination Letters, if necessary. • Basis of Design Report • O&M Plan • The Consultant shall provide signed and stamped estimates and calculations in PDF format. Task 4: Environmental Compliance and Permitting Consultant shall develop permit applications and all necessary supporting documents for sites SR-129 and SR-143. This assumes that site SR-002 will be in the paved area upstream of Canal Pump station and permit applications will not be required for that site. Schaaf &' Wheeler 4 To: Adeel Shaikh, City of San Rafael August 12, 2024 4.1 Meetings and Project Management: When 35% designs are available for all sites, the Consultant shall attend the Marin Project Coordination Meeting with state and federal resource agency representatives to discuss and confirm anticipated project permitting requirements. 4.2 Technical Studies: All necessary environmental documents shall be prepared in preliminary and final draft stages for City review and shall incorporate any comments made during the preliminary document review. This includes the development of a Biological Resources Study, Cultural Resources Study and Aquatic Resources Delineation for sites SR- 143 and SR-129. 4.3 Permit Applications: The Consultant shall be responsible for preparing, submitting, and obtaining all required permits and environmental review documentation required by State, local, and federal jurisdictional agencies needed to ensure this project is cleared for construction. The Consultant shall assist the City in responding to comments from any regulatory agencies. No NEPA is required for this project. It is assumed the folding permits will be needed for sites SR- 129 and SR-143: • USACE Section 404 Nationwide Permit • RWQCB Section 401 Water Quality Certification • Section 1600 Streambed Alteration Agreement • BCDC 4.4 CEQA: The City will complete CEQA Categorical Exemptions for these projects. It is assumed no changes to the CEQA Categorical Exemption will be made and the projects will qualify. 4.5 Caltrans TMDL Compliance Report: The Consultant shall prepare a compliance report for Caltrans that includes: TMDL pollutant removal report for watersheds SR-129, SR-143, SR-002. 4.6 Caltrans Encroachment Permit: The Consultant shall prepare a Caltrans encroachment permit for site SR-129 at the 65% design phase. This includes responding to Caltrans comments. Deliverables • Preliminary and final permit applications. Task 5: Bid Phase Support (Optional) 5.1 RFI Responses and Addenda: The Consultant shall respond to questions concerning the Consultant -prepared plans and Consultant -prepared specifications prior to bid opening and prepare contract addenda, if required. 5.2 Bid Review and Recommendation: The Consultant shall assist in the review construction bids received and make a recommendation to the City for award of construction contract. Deliverables • Prepare contract addenda, if required, for distribution by the City, including answers to bidder's questions. • Prepare recommendation to the City for the award of the construction contract. Schaaf G' Wheeler 5 To: Adeel Shaikh, City of San Rafael August 12, 2024 Task 6: Construction Support Services (Optional) 6.1 Meetings: The Consultant shall attend construction meetings (in person or via telephone) on an as -needed basis, including the pre -construction meeting, to respond to questions concerning the plans, specifications and estimates. Up to eight meetings are assumed. These meetings will be independent of those discussed under separate tasks identified elsewhere in this scope. 6.2 RFI Response: The Consultant shall respond to Request for Information (RFIs) from the contractor when called for by the City and prepare modifications or revisions that are related to the project's original scope and character. For cost estimation, a review of up to five (5) RFIs may be assumed. 6.3 Submittal Review: The Consultant shall review all material submittals and shop drawings as required by the Special Provisions and as they pertain to Consultant -prepared plans. A review of up to 10 submittals is assumed. 6.4 Punch List Final Walk: The Consultant shall participate in the final walk though of the constructed project and assist in the preparation of "punch list" items in need of work. Deliverables • Attend meetings during construction, which includes the pre -construction meeting with contractor. • Response to RFIs, material submittals, and shop drawings from the contractor. • Plan revisions that are related to the project original scope and character. • Review contract change orders, if requested by the City. • Meeting agendas and minutes, if requested by the City. Task 7: Geotechnical Boring Hot Patch (Optional) Upon request by the City the consultant shall hot patch repair the geotechnical boring hole within the paved street right of way at SR-002. The base scope Task 2.4 includes cold patch repair only. Fee Schaaf & Wheeler proposes to complete this work on a time and materials basis for a fee not to exceed $476,565, which includes all optional tasks. Details included in the attached Cost Proposal Table. Work will be billed in accordance with our 2024 charge rate (attached). If you have any questions regarding this scope and budget, do not hesitate to contact me at (415) 823-4964 or ctharp@swsv.com. Sincerely, Schaaf 6' Wheeler Caitlin Tharp, PE Vice President RCE #76810 Schaaf 81' Wheeler 6 Cost Proposal for Canal SR-002, Redwood Hwy SR-129, Rossi SR-143 a a a Cl a m m W 4)3 a W m c I m H 9 3 d Y 0 w 3 C W a a LI m 2 N CL o a W z Hourly Rates $295 $270 $250 S200 $175 Task 1 IFiroject Management 40 0 0 8 0 $13,400 SO $0 $0 $0 $0 $13,400 1.1 Invoicing 24 S7.080 $7,080 1.2 Meetings with Agenda's and Minutes 8 8 $3.960 S3.960 1.3 Schedules 8 S2.360 $2.360 Task 2 JPreliminary Engineering 19 2 8 156 12 $41.445 $2.700 $51,500 $20,000 $0 $0 $116.645 2.1 Field Visit 2 2 $990 $990 2.2 Utility Research. GPR and Potholing for Site 002 2 4 S1,390 $2,700 $20,0001 $24,090 2.3 Boundary Research and Topographic Survey SR-129 and SR-002 5o $0 2.4 Geolechnical Investigation for Site 002 4 4 S1,980 $51,500 $53.480 2.5 Hydraulic Modeling & Pump Station Hydraulic Analysis 4 8 100 S23,180 $23.180 2.6 Cost Estimates 3 6 S2,085 $2.085 2.7 35 % Concept Design for Site 002 4 2 40 12 $11,820 $11.820 Task 3 I Design assumes one bid package for all three sites 36 16 0 400 72 $107,540 $0 $5,000 $0 $40,000 $0 $152,540 3.1 Basis of Design Report 1 4 3 1 76 S17.190 $17,190 3.2 65% Design Package. including Canal 002 Piles 16 6 140 32 $39.940 $2,000 $9.100 $51.040 3.3 95% Design Package, including Canal 002 Piles 8 3 100 24 $27.370 $2,000 $18.000 $47,370 3.4 100% Design Package. including Canal 002 Piles 4 3 64 16 $17.590 $1,000 $12,900 $31,490 3.5 O&M Plan 2 1 12 S3.260 $3,260 3.6 Utility Coordination Site 002 2 8 $2,190 $2.190 Task 4 I Environmental Compliance and Permitting 22 0 0 64 0 $19,290 $0 $0 $0 $0 $107,680 $126.970 4.1 Meetings & Project Management 4 4 $1,980 $11,525 $13.505 4.2 Technical Studies: biological, cultural, aquatic resources 2 4 S1,390 $40,895 $42,285 4.4 Permit Applications 4 16 $4.380 1 $55.260 $59,640 4.5 CEQA Calex. no additional work needed $0 $0 4.6 Caltrans TMDL Compliance Report 4 16 $4,380 $4.380 4.7 Caltans Encroachment Permit Site SR-129 8 24 S7.160 $7,160 Task 5 I Bid Support Services (Optional) 12 3 0 15 6 $8,400 $0 $0 s0 $3,500 $0 $11,900 5.1 Prepare RFI response and addenda 6 12 6 S5.220 $3,500 $8.720 5.2 Review and Recommend Bids 6 3 3 S3,180 $3.180 Task 6 lConstruction Support Services (Optional) 38 0 0 66 0 524,410 SO $4,700 $0 $17,000 $0 $46,110 6.1 Meetings (8 total) 12 8 S5,140 $5,140 6.2 RFI Response (5 total) 10 20 S6,950 $4.700 $11,650 6.3 Submittal Review (10 total) 10 30 S8.950 $17.000 $25.950 6.6 Punch List Final Walk (3 sites) 6 8 S3,370 $3.370 Task 7 10ptional Services 0 0 0 0 0 $0 SO $0 $0 $0 $0 $10.000 7.1 Geotechnical Boring Hat Patch Site 002 SO $10.000 $10,000 Total 167 21 8 709 90 S21Ad851 $2,700 1 $61,200 1 $20.000 1 $60.500 1 $107,680 1 $476,565 Schaaf (' Wheeler CONSULTING CIVIL ENGINEERS 4699 Old Ironsides Dr., Suite 350 Santa Clara, CA 95054-1860 408-246-4848 Hourly Charge Rate Schedule Personnel Charges Charges for personnel engaged in professional and/or technical work are based on the actual hours directly chargeable to the project. Current rates by classification are listed below: Classification Rate/Hr Principal Project Manager $295 Senior Project Manager $270 Senior Engineer $250 Associate Engineer $220 Assistant Engineer $200 Junior Engineer $185 Designer $175 GIS Analyst $175 Technician $160 Engineering Trainee $135 Litigation Charges Court or deposition time as an expert witness is charged at $500 per hour. Materials and Services Subcontractors, special equipment, outside reproduction, data processing, computer services, etc., will be charged at 1.10 times cost. Effective 1/1/24 EXHIBIT B INSURANCE REQUIREMENTS During the term of this Agreement, and for any time period set forth below, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in this Exhibit B. A. Scope of Coverage. During the term of this Agreement, CONSULTANT shall maintain, at no expense to CITY, the following insurance policies: 1. Commercial general liability. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. Automobile liability. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence. 3. Professional liability. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONSULTANT's performance of services under this Agreement. Where CONSULTANT is a professional not required to have a professional license, CITY reserves the right to require CONSULTANT to provide professional liability insurance pursuant to this section. 4. Workers' compensation. If it employs any person, CONSULTANT shall maintain workers' compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. CONSULTANT's workers' compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONSULTANT in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance or workers' compensation insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) under the policies. 2. The additional insured coverage under CONSULTANT's insurance policies shall be "primary and noncontributory" with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CONSULTANT'S policies shall be at least as broad as Rev. 08.22 B-1 ISO form CG20 0104 13. 3. Except for professional liability insurance or workers' compensation insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Agreement, CONSULTANT hereby grants to CITY a waiver of any right to subrogation which any insurer of CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. 5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the Effective Date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the CONSULTANT under this Agreement. 9. CONSULTANT agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by CONSULTANT, provide the same minimum insurance coverage required of CONSULTANT, except as with respect to limits. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. CONSUTLANT agrees that upon request by CITY, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the performance of Services will be submitted to CITY for review. 10. CONSULTANT agrees to be responsible for ensuring that no contract used by any party involved in any way with the Services reserves the right to charge CITY or CONSULTANT for the cost of additional insurance coverage required by this Agreement. Any v 08.22 B-2 such provisions are to be deleted with reference to CITY. It is not the intent of CITY to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against CITY for payment of premiums or other amounts with respect thereto. C. Deductibles and SIR's. Any deductibles or self -insured retentions in CONSULTANT's insurance policies must be declared to and approved by the CITY and shall not reduce the limits of liability. Policies containing any self -insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured parry. At CITY's option, the deductibles or self -insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONSULTANT shall provide to the PROJECT MANAGER all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONSULTANT. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by the CITY. 08.22 B-3 PSA - S&W - Large Trash Capture Designs Final Audit Report 2024-08-08 Created: 2024-08-07 By: Shannon Mackie (shannon.mackle@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAKFU31CISoaxmfl4dm6a812dKuhEvdntU "PSA - S&W - Large Trash Capture Designs" History Document created by Shannon Mackie (shannon.mackle@cityofsanrafael.org) 2024-08-07 - 3:29:23 PM GMT- IP address: 69.181.69.46 Document emailed to ctharp@swsv.com for signature 2024-08-07 - 3:34:13 PM GMT Email viewed by ctharp@swsv.com 2024-08-07 - 3:36:39 PM GMT- IP address: 24.32.25.42 &0 Signer ctharp@swsv.com entered name at signing as Caitlin Tharp 2024-08-07 - 3:37:19 PM GMT- IP address: 24.32.25.42 &0 Document e-signed by Caitlin Tharp (ctharp@swsv.com) Signature Date: 2024-08-07 - 3:37:21 PM GMT - Time Source: server- IP address: 24.32.25.42 Document emailed to Charles Anderson (canderson@swsv.com) for signature 2024-08-07 - 3:37:23 PM GMT Email viewed by Charles Anderson (canderson@swsv.com) 2024-08-08 - 10:38:00 PM GMT- IP address: 216.230.93.234 &0 Document e-signed by Charles Anderson (canderson@swsv.com) Signature Date: 2024-08-08 - 10:38:42 PM GMT - Time Source: server- IP address: 216.230.93.234 Z Agreement completed. 2024-08-08 - 10:38:42 PM GMT �& SAN RAFAEL I Adobe bY Acrobat Sign CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Shannon Mackle (for Adeel Shaikh) Extension: 3353 Contractor Name: Schaaf & Wheeler Contractor's Contact: Caitlin Tharp Contact's Email: CTarp@cwsv.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT a. Email PINS Introductory Notice to Contractor DATE Check/Initial 1 Project Manager Click here to ❑ enter a date. b. Email contract (in Word) and attachments to City 8/1/2024 Attorney c/o Laraine.Gittens@cityofsanrafael.org ❑XSM 2 City Attorney a. Review, revise, and comment on draft agreement 8/5/2024 and return to Project Manager 8/5/2024 ® NT b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor ® NT 3 Department Director Approval of final agreement form to send to 8/6/2024 ® AM Project Manager contractor Forward three (3) originals of final agreement to 8/7/2024 4 contractor for their signature When necessary, contractor -signed agreement ❑ N/A 5 Project Manager agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 8/19/2024 Date of City Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY Forward signed original agreements to City 8/20/24 SM 6 Project Manager Attorney with printed copy of this routing form Review and approve hard copy of signed 7 City Attorney agreement 8 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) 9 City Manager / Mayor Agreement executed by City Council authorized official Attest signatures, retains original agreement and 10 City Clerk forwards copies to Project Manager PSA - S&W - Large Trash Capture Designs Final Audit Report Created: 2024-08-21 By: Nataly Torres (nataly.torres@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAZpW-rALgUY9701xo3TTXJt9TjNJQLRDq 2024-08-27 "PSA - S&W - Large Trash Capture Designs" History Document created by Nataly Torres (nataly.torres@cityofsanrafael.org) 2024-08-21 - 5:55:00 PM GMT- IP address: 199.88.113.8 P4 Document emailed to rob.epstein@cityofsanrafael.org for signature 2024-08-21 - 6:09:20 PM GMT J.L Document shared with Shannon Mackie(shannon.mackle@cityofsanrafael.org) by Nataly Torres (nataly.torres@cityofsanrafael.org) 2024-08-21 - 6:09:44 PM GMT- IP address: 199.88.113.8 Email viewed by rob.epstein@cityofsanrafael.org 2024-08-21 - 10:09:52 PM GMT- IP address: 104.28.123.164 do Signer rob.epstein@cityofsanrafael.org entered name at signing as Robert F. Epstein 2024-08-21 - 10:11:27 PM GMT- IP address: 104.28.123.164 do Document e-signed by Robert F. Epstein (rob.epstein@cityofsanrafael.org) Signature Date: 2024-08-21 - 10:11:29 PM GMT - Time Source: server- IP address: 104.28.123.164 C-7'' Document emailed to city.clerk@cityofsanrafael.org for approval 2024-08-21 - 10:11:31 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-08-21 - 10:11:49 PM GMT- IP address: 104.47.64.254 6© Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi 2024-08-21 - 10:11:57 PM GMT- IP address: 199.88.113.8 6o Document approved by Brenna Nurmi(city.clerk@cityofsanrafael.org) Approval Date: 2024-08-21 - 10:11:59 PM GMT - Time Source: server- IP address: 199.88.113.8 C4► Document emailed to cristine.alilovich@cityofsanrafael.org for signature 2024-08-21 - 10:12:01 PM GMT SAN RAFAEL PowereAdobe Acrobat Sign Email viewed by cristine.alilovich@cityofsanrafael.org 2024-08-27 - 4:47:31 AM GMT- IP address: 104.47.64.254 �S© Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich 2024-08-27 - 4:47:56 AM GMT- IP address: 76.103.109.159 6© Document e-signed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) Signature Date: 2024-08-27 - 4:47:58 AM GMT - Time Source: server- IP address: 76.103.109.159 Ley Document emailed to city.clerk@cityofsanrafael.org for signature 2024-08-27 - 4:48:00 AM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-08-27 - 2:34:57 PM GMT- IP address: 104.47.64.254 d0 Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi (for) 2024-08-27 - 2:35:11 PM GMT- IP address: 199.88.113.8 d© Document e-signed by Brenna Nurmi (for) (city.clerk@cityofsanrafael.org) Signature Date: 2024-08-27 - 2:35:13 PM GMT - Time Source: server- IP address: 199.88.113.8 Cj Agreement completed. 2024-08-27 - 2:35:13 PM GMT SAN RAFAEL I Powered ey Adobe Acrobat Sign