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HomeMy WebLinkAboutCC Resolution 11341 (Design Eucalyptus Lane Storm Drainage Impr.)RESOLUTION NO. 11341 A RESOLUTION ACCEPTING A PROPOSAL FROM CSW/STUBER-STROEH ENGINEERING GROUP, INC. FOR THE DESIGN OF EUCALYPTUS LANE STORM DRAINAGE IMPROVEMENTS AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE PROFESSIONAL SERVICES AGREEMENT IN AN AMOUNT NOT TO EXCEED $22,530. BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, The existing storm drain on Eucalyptus Lane consists of corrugated metal pipe that has severe corrosion problems; and WHEREAS, the storm drain corrosion has created a sink hole beneath the road that caused the sanitary sewer on Eucalyptus Lane to collapse; and WHEREAS, frequent repairs to both the sanitary sewer and the storm drain will be required on an ongoing basis if the problem is not addressed; and WHEREAS, the firm of CSW/Stuber-Stroeh Engineering Group, Inc. has submitted a proposal for the preparation of plans and specifications including surveying, in the amount of $22,530. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Rafael accept a proposal from CSW/Stuber-Stroeh Engineering Group, Inc for the design of Eucalyptus Lane Storm Drainage Improvements in an amount not to exceed $22,530 and authorizing the Public Works Director to execute the Professional Services Agreement, subject to the approval of the City Attorney. U qn1 ��L ,x` 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 the 16th day of June, 2003, by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen .. JE Z M. LEONCINI, City Clerk File No.: 08.02.227 AGREEMENT FOR PROFESSIONAL SERVICES FOR EUCALYPTUS LANE DRAINAGE IMPROVEMENTS This Agreement is made and entered into this 16 th day of June, 2003, by and between the CITY OF SAN RAFAEL (hereinafter "CITY'), and CSW/Stuber-Stroeh Engineering Group Inc. (hereinafter "CONTRACTOR). RECITALS WHEREAS, the CITY has determined civil engineering consulting services are required to design and prepare plans and specifications for the Eucalyptus Lane Drainage Improvements (hereinafter "PROJECT"); and WHEREAS, the CONTRACTOR has offered to render certain specialized professional services in connection with this Project. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. DEFINITIONS. 2. PROJECT COORDINATION A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The City Engineer 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. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Don Curry is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 3. DUTIES OF CONTRACTOR CONTRACTOR shall and perform the duties and/or provide services as follows; the CONTRACTOR agrees to provide professional services as outlined in the Proposal from CONTRACTOR dated June 3, 2003, marked Exhibit "A", attached hereto, and incorporated herein by r11 this reference. The CONTRACTOR agrees to be available and perform the work specified in this agreement in the time frame as specified and as shown in Exhibit "A". 4. DUTIES OF THE CITY CITY shall perform the duties as described in Exhibit "A" attached hereto and incorporated herein. 5. COMPENSATION For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR on a time and materials basis for services rendered in accordance with the rates shown on the current fee schedule as described in Exhibit "A" attached and incorporated herein. The total payment made for any individual work task will not exceed the amounts shown on the Proposal Budget, set out in Exhibit "A". Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. is complete. 6. TERM OF AGREEMENT The term of this Agreement shall be from the date of execution until the Project 7. 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 ten (10) 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 notice, to the reasonable satisfaction of the party giving such notice, within thirty (30) days of the receipt of said notice. 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 CONTRACTOR and any and all of CONTRACTOR'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. Agreement • 2 8. OWNERSHIP OF DOCUMENTS The written documents and materials prepared by the CONTRACTOR 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. 9. INSPECTION AND AUDIT Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 10. ASSIGNABILTY 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. 11. INSURANCE A. During the term of this Agreement, CONTRACTOR, shall maintain, at no expense to CITY, the following insurance policies: 1. A comprehensive general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage; 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence; 3. 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 ($1,000,000) dollars to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. B. The insurance coverage required of the CONTRACTOR by Section 11. A., shall also meet the following requirements: 1. The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution; 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractural liability and personal injury; Agreement • 3 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, and employees as additionally named insureds under the policies; 4. CONTRACTOR shall provide to PROJECT MANAGER, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents and employees, as additional insureds under the policies; 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to CITY's PROJECT MANAGER; 6. 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; 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement; 8. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. C. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 12. INDEMNIFICATION CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, and employees, against any claim, demand, suit, judgement, loss, liability or expense of any kind, including attorney's fees, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR's officers, agents and employees in the performance of their duties and obligations under this Agreement. Agreement • 4 12. NONDISCRIMINATION CONTRACTOR 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. 14. COMPLIANCE WITH ALL LAWS CONTRACTOR 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. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR 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, ordinance, codes or regulations. 15. NO THIRD PARTY BENEFICIARIES CITY and CONTRACTOR 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. 16. 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: Mr. Scott A. Schneider, (Project Manager) City of San Rafael 111 Morphew Street San Rafael, CA 94901 TO CONTRACTOR: Mr. Don Curry (Project Director) CSW.'Stuber-Stroeh 790 De Long Avenue Novato, CA 94945 Agreement • 5 17. INDEPENDENT CONTRACTOR For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 18. 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 CONTRACT 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 CONTRACTOR 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. 19. SET-OFF AGAINST DEBTS CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 20. 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 Agreement • 6 the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 21. 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. 22. CITY BUSINESS LICENSE'OTHER TAXES CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CONTRACTOR's taxpayer identification number is 680215172, and CONTRACTOR certifies under penalty of perjury that said taxpayer identification number is correct. 23. APPLICABLE LAW The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. 141 WAISI&MV". 3W.V" �t�-1(110 Director of Public W ATTEST: City Clerk -1 APPR E City Attorney/ Agreement • 7 CONTRACTOR CSW/ Stuber-Stroeh Y Title: -1 APPR E City Attorney/ Agreement • 7 EXHIBIT A CSW Ist), Date: June 3, 2003 File: 4.1022.01 Mr. Scott Schneider Department of Public Works City of San Rafael 111 Morphew Street San Rafael, CA 94901 TEL: (4 15) 892-4'63 FAX: (415) 892-4502 E-,%,Iail: OfficcC, csNvsr2.com CSW/Stuber-Stroeh Engineering Group, Inc. Engineers • Land Planners • Surveyors • Landscape Archirects RE: EUCALYPTUS LANE STORM DRAIN REPLACEMENT Dear Scott: As per your request, CSW/Stuber-Stroeh (CSW/St2) has prepared this proposal to provide civil engineering services for the Eucalyptus Lane Storm Drain Replacement Project. This project involves reconstructing 18" RCP storm drain line in Eucalyptus Lane, and replacement of a portion of the sanitary sewer as it crosses the storm drain. The following is our understanding of the scope of services outlining the items of work we will provide for this project. I. SCOPE OF SERVICES A. Utilitv Investiization CSW/St2 will coordinate the compilation of information and the field locating, to the extent possible, of existing utilities in the area of work. During design of the new storm drain facilities, CSW/Stz will, in conjunction with various utility agencies, determine what, if any, existing facilities will need to be relocated. The potholing and/or relocation design will be handled on an individual basis. B. SUryey CSW/St' will perform afield survey of Eucalyptus Lane frons its intersection with .Jewel Street to the cul de sac. Included will be locations ofexistin- pavrl117. utilities. and drainage facilities. Control will be based on existing- control points on and in the vicinity of Eucalyptus Lane. It is assumed that all construction work is lo occur 41 790 De Long Avenue. Novato, California 94945 1301 Redwood Wav, Suite 200, Peraluma, California 9404i CSW Mr. Scott Schneider, Department of Public Works Ist)2 City of San Rafael .lune 2003 Page 2 within City of San Rafael right-of-way and that no additional easements will be required. The City of San Rafael will post "No Parking" for the day of the field work so that we can obtain access to the curbs, structures, and other pertinent features. C. Base Maps CSW/St2 will prepare topographic base drawings at a scale of 1"=20' which will include all the information compiled from the " As Built Revisions of the Eucalyptus Lane Improvement Plan" provided by the City an our supplemental field work. Drawings will be in AutoCAD 2000 format. The City will be provided with a hard copy of the drawings and an AutoCAD 2000 CD-rom. D. Desian CSW/St2 will prepare a hydrologic and hydraulic analysis of the proposed improvements. This analysis will be used for design as well as to assess the hydraulic impacts of the proposed improvements at the downstream end of the project. CSW/St2 will prepare plan and profile drawings and details for the construction of the proposed 18" RCP along Eucalyptus Lane in conformance with the City of San Rafael's requirements. Drawings will also include details for abandonment of the sanitary sewer if necessary. E. Proiect Coordination CSW/Stz will meet with the City staff to review our findings and project design. It is anticipated that two meetings will be required to finalize the design. F. Specifications CSW/St2 will provide the City with the necessary technical specifications for the required work. G. Cost Estimate CSW: Ste will provide the City with an opinion of probable cost for construction of the proposed project. CSW Mr. Scott Schneider, Department of Public Works IS t 2 City of San Rafael .lune 3, 2003 Page 3 II. SCHEDULE CSW/Stz understands the City would like to constrict the project this year. CSW/Stz is prepared to proceed with the work immediately upon receipt of written authorization to proceed. We anticipate 4-6 weeks from receiving a written notice to proceed until submitting the plans to the City for final review. III. FEES CSW/St2 will invoice the City of San Rafael for the services outlined above on a monthly basis. All work will be billed on a time and expense basis, in accordance with the attached Hourly Rate schedule. Budget amounts for the services to be provided are as follows: A. Utility Investigation $ 1,440.00 B. Survey $ 2,100.00 C. Base Maps $ 1,200.00 D. Design $ 14,000.00 E. Project Coordination $ 1,100.00 F. Specifications $ 1,460.00 G. Cost Estimate $ 1,230.00 TOTAL BUDGET ESTIMATE $ 22,530.00 IV. EXCLUSIONS A. Title Reports, Deeds, Records of Survey B. Utility Relocations C. Geotechnical Investigations D. Bidding Process Services E. Construction Services./Staking V. REIMBURSIBLES A. Copies (Bluelines and photocopies) B. Mileage C. Photographs D. Permits E. Overnight or Special Delivery Charges CSW Mr. Scott Schneider, Department of Public Works Ist)2 City of San Rafael June 3, 2003 Page 4 If you have any questions regarding this proposal, please call so we may discuss them. Thank you for the opportunity as we look forward to working with you again. Sincerely, CSW/STUB/ER-STROEH ENGINEERING GROUP, INC. Al Cornwell Ken Hall L AC:KH:vmj