HomeMy WebLinkAboutPW Southern Heights at Courtright Retaining Wall ProjectAGREEMENT FOR PROFESSIONAL SERVICES WITH MARK THOMAS AND
COMPANY, INC. FOR THE SOUTHERN HEIGHTS AT COURTRIGHT RETAINING
WALL PROJECT
This Agreement is made and entered into this 10 day of N 0 VZ.n4 b -e ( , 20 � q , by
and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Mark Thomas and Company,
Inc. (hereinafter "CONSULTANT").
RECITALS
WHEREAS, the CITY has determined that professional services are required to design a
retaining wall system at Southern Heights Boulevard at Courtright Road; and
WHEREAS, the CONSULTANT has agreed to render such services.
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
PROJECT COORDINATION.
A. CITY'S Project Manager. Shawn Graf 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. Julie Passalacqua 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.
2. DUTIES OF CONSULTANT.
CONSULTANT shall perform the duties and/or provide services outlined in the
CONSULTANT'S proposal dated October 9, 2019, marked as Exhibit A, and Scope of Work
dated October 15, 2019, marked as Exhibit B, attached hereto, and incorporated herein.
3. DUTIES OF CITY.
CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as
described in Exhibit A and Exhibit B, attached hereto and incorporated herein.
4. COMPENSATION.
For the full performance of the services described herein by CONSULTANT, CITY shall
pay CONSULTANT on a time and materials basis for services rendered in the rates shown in Exhibit
A and Exhibit B, attached hereto, and incorporated herein, in a total contract amount not to exceed
$114,000.00.
Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices
submitted by CONSULTANT.
5. TERM OF AGREEMENT.
The term of this Agreement shall commence on the date of execution of this Agreement and
end on December 31, 2021. Upon mutual agreement of the parties, and subject to the approval of the
City Manager, the term of this Agreement may be extended for an additional period of up to 1 year.
6. 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. If the CITY terminates
this agreement with the CONSULTANT, CITY shall pay CONSULTANT the sum due the
CONSULTANT under this Agreement prior to termination, unless the cost of completion to the
CITY exceeds the funds remaining in the Agreement. In which case the overage shall be deducted
from any sum due the CONSULTANT under this agreement and the balance, if any, shall be paid
the CONSULTANT upon demand.
7. OWNERSHIP OF DOCUMENTS.
A. 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.
B. It is understood and agreed that all calculations, drawings and specifications, whether in
hard copy or machine-readable form, are intended for one-time use in the construction of the project for
which this Agreement has been entered into.
C. The CONSULTANT is not liable for claims, liabilities, or losses arising out of, or
connected with the modification, or misuse by the CITY of the machine-readable information and data
provided by the CONSULTANT under this Agreement; further, the CONSULTANT is not liable for
claims, liabilities, or losses arising out of, or connected with any use by the CITY of the project
documentation on other projects for additions to this project, or for the completion of this project by others,
except only such use as may be authorized in writing by the CONSULTANT.
8. 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.
9. 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.
10. INSURANCE.
A. Scope of Coverage. During the term of this Agreement, CONSULTANT shall
maintain, at no expense to CITY, the following insurance policies:
1. 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. An automobile liability (owned, non -owned, and hired vehicles) insurance
policy in the minimum amount of one million dollars ($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
two million dollars ($2,000,000) per occurrence/four million dollars ($4,000,000) 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. If it employs any person, CONSULTANT shall maintain worker's
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 worker's 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 worker's 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
ISO form CG20 0104 13.
3. Except for professional liability insurance or worker's 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.
C. Deductibles and SIR'S. Any deductibles or self-insured retentions in
CONSULTANT's insurance policies must be declared to and approved by the PROJECT
MANAGER and City Attorney, 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 party. 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
or CITY'S City Attorney 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 PROJECT
MANAGER and the City Attorney.
11. INDEMNIFICATION.
A. Except as otherwise provided in Paragraph B., 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's 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's 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,
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 subconsultant
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.
12. 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.
13. 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.
14. 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.
15. 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:
TO CONSULTANT's Project Director:
16. INDEPENDENT CONTRACTOR.
Shawn Graf
City of San Rafael
111 Morphew Street
San Rafael, CA 94901
Julie Passalacqua
701 University Avenue, Suite 200
Sacramento, CA 95825
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.
17. 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.
18. 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,
agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or
other amounts.
19. 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.
20. 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.
21. 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 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).
22. 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.
23. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
24. COUNTERPARTS AND ELECTRONIC SIGNATURE.
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which together shall constitute one document. This Agreement may
be executed by electronic signatures (e.g. using DocuSign or e-SignLive) or signatures
transmitted in portable document format ("pdf'), and copies of this Agreement executed and
delivered by means of electronic or pdf signatures shall have the same force and effect as copies
hereof executed and delivered with original manually executed signatures. The parties may rely
upon electronic and pdf signatures as if such signatures were manually executed originals and
agree that an electronic or pdf signature page may be introduced into evidence in any proceeding
arising out of or related to this Agreement as if it were an original manually executed signature
page.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL
JIM C TZ, Citya ager
ATTEST:
LINDSAY LARA, City Clerk
APPROVED AS TO FORM:
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ROBERT F. EPSTEIN, ity A o ey
CONSULTANT
By:
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Name: Zgc�
Title: Ce—
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[If CONSULTANT is a corporation, add signature of
second corporate officer]
Name: 0-1C,4 r a ar'
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MARK THOMAS
October 9, 2019
Shawn Graf
City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94901
Shawn.Graf(cDCityofSanRafael.org
Dear Shawn:
The City of San Rafael (City) intends to install a retaining wall system along the outside edge of Southern Heights
Boulevard near the private driveway known as Courtright Road. The retaining wall and associated roadway
improvements are needed to mitigate settlement and lateral soil creep evident along this stretch of Southern
Heights Boulevard. Mark Thomas has the experience and expertise to help the City successfully deliver this
project. We bring the following key benefits to the City.
Retaining Wall Expertise. Mark Thomas has extensive experience evaluating and designing retaining wall
structures. This includes the design of soldier pile walls, sub -horizontal ground anchor walls, mechanically
stabilized embankment walls, crib walls, and standard cantilever retaining walls. Our focus is on determining
the best -suited retaining wall type that can be constructed given the site constraints and provides long-term
slope stability.
• Highly Skilled Project Manager. Julie Passalacqua, PE is our proposed project manager. She has more than 16
years of experience managing structures projects and designing a variety of retaining wall structures. She
has delivered projects from planning through final design and through to construction support. She also has
extensive experience working with the City on different structures projects. Julie will be supported by in-
house experts and by our environmental subconsultant, LSA Associates.
• Local Experience. We have been working with the City for several years on projects such as the Southern
Heights Bridge Replacement and Lincoln Avenue Bridge Repair. We have established great working
relationship with City staff and have a thorough understanding of the project's goals.
As Vice President of Mark Thomas, I am legally authorized to negotiate a contract with the City and to bind the
firm. We reviewed the sample contract agreement and provided comments and recommendations on the next
page. We acknowledge receipt of Addendum 1 dated September 12, 2019 and Addendum 2 dated September 25,
2019. We look forward to working with the City on this project. If you have any questions regarding this proposal,
please contact Julie at (925) 938-0383 or via email at jpassalacquapmarkthomas.com.
Sincerely,
MARK THOMAS
asha Dansky, PE, QSD
Principal/Vice President
lie Passalacqua, PE
Project Manager
(975) 938 0383
'000 OAK ROAD, SUITE 650
NAl NUT CREEK, CA 94597
MARKTHOMAS.COM
PROPOSAL SOUTHERN HEIGHTS All COU RTRIGHT RETAINING WALL. DESIGN i
Cily of San Rafael
3 i I
PROJECT UNDERSTANDMG
Proposed Improvements
As noted in the RFP, Southern Heights Boulevard is a narrow, two-way local roadway that traverses the Southern
Heights Neighborhood in the hills above the City. A portion of Southern Heights Boulevard, just uphill from the
private driveway known as Courtright Road, has experienced lateral soil creep and settlement as evidenced by
cracking of the roadway surface. The steep slope between Southern Heights Boulevard and Courtright Road
has experienced erosion and minor sloughing, most likely as a result of surface runoff from Southern Heights
Boulevard.
It is our understanding that the City intends to construct a retaining wall system along the outside edge of
Southern Heights Boulevard. It will provide slope stability for roadway and mitigate the risk of landslides. The
wall will extend approximately from the northwest corner of 78 Southern Heights Boulevard to the intersection
of Southern Heights Boulevard and Courtright Road. The proposed improvements will also include roadway
resurfacing and drainage improvements. There are several utilities within the project area including overheard
communication lines, and underground gas, water and sewer lines. Although these lines pass directly through the
project site, there do not appear to be any direct conflicts that may result in relocation of these utilities.
Environmental Considerations
The City will be the lead agency for the CEQA document and therefore has the authority to determine which
level document to complete for the project. Based on our review of the existing conditions and proposed
improvements, we recommend the project be processed as a CEQA Categorical Exemption (CE). Pursuant
to CEQA Section 15301(c), the project will be exempt because it consists of minor construction, repair and
maintenance of existing City infrastructure and does not introduce an expansion of use beyond existing
conditions.
Our initial research indicates there are no critical biological resources in the project area - no critical habitat,
refuges or wetlands. There are also no known cultural resources in the project area, but these are more difficult
to distinguish. We recommend the City conduct a formal cultural resources study to determine if prehistoric
or historic resources are present in the project area. If the cultural resources study is negative, the CE will be
the sufficient level of CEQA documentation. If the cultural resources study is positive, a higher level of CEQA
documentation may be warranted.
SCOPE OF WORK
TASK 1. PROJECT MANAGEMENT AND COORDINATION
Task 1.1. Communication and Schedule
Mark Thomas will provide ongoing general project management throughout the duration of the project. This
includes preparing contract paperwork, memos, letters and emails, making phone calls, and tracking project
issues/action items/decision. Management activities also include the development and maintenance of a critical
path method (CPM) design schedule and preparation of monthly invoices and progress reports. The schedule
will be updated as progress is made, with critical path activities clearly shown for team review purposes. The
schedule and billings will be submitted in the form and in sufficient detail to track the project status and contract
expenditures as outlined by the City at the beginning of the project. For the scope of work, Mark Thomas
assumes a project duration of 9 months, excluding the duration for bidding and construction assistance.
Mark Thomas will schedule, prepare for, and attend project meetings with the City to share project information,
identify critical issues, make decisions, assign project tasks, and identify items critical to project delivery. Two
project team meetings, to be held at the City offices, are assumed. In addition, it assumed that 4 conference
PROPOSAL SOUTHERN HEIGHTS AND COURT RIGHT RETAINING WAIL DESIGN
City of San Rafael
4
calls will be held to provide regular check -ins with City staff. Mark Thomas will prepare and distribute agendas
prior to each meeting and prepare meeting minutes with action items within one week after the meeting.
Task 1.2. Quality Control
Independent QC reviews will be performed at each level of completions by an experienced staff member not
directly involved with the project. QC Checklists specific to the discipline involved in creating the deliverable will
be used, with comments, responses by the design team, and verification of implementation fully documented.
TASK 1 DELIVERABLES:
• Project Schedule
• Meeting Agendas and Minutes
• Monthly Invoices and Progress Reports
TASK 2. ENGINEERING DESIGN
Task 2.1.30% Design Submittal
Prior to development of the 30% design, Mark Thomas will conduct a site visit to assess the existing conditions
and make observations related to sight distance, environmental impacts, potential utility conflicts, and privately -
owned improvements within the public right of way. This site visit would be in conjunction with the City, LSA,
and regulatory permitting agencies, if needed, so that the extent of project improvements and construction
methods can be understood.
Mark Thomas will prepare 30% level concept plans for the roadway improvements and retaining wall. It is
assumed that the roadway improvements will consist of roadway resurfacing, construction of a concrete v -ditch,
and storm drain improvements. Consistent with the Geotechnical Evaluation Memo prepared by Miller Pacific,
the retaining wall is assumed to be a solider pile wall. The design detail will be sufficient to prepare a Caltrans
planning type cost estimate and identify risks, construction phasing alternatives, and additional investigations
needed to verify assumptions.
Mark Thomas will submit the 30% design concepts to City staff to obtain feedback before proceeding with final
engineering and design. It is assumed presentations of the 30% design to stakeholder groups or at community
meetings will be completed by the City. Support for or attendance at community and stakeholder meetings is
not included in this scope of services.
Task 2.2. Utility Coordination
Mark Thomas will be responsible for utility coordination throughout the project development. Coordination with
utilities will follow the standard "A, B, C" Utility Process , including but not limited to:
• Identifying utility conflicts
• Facilitating relocation designs; and
• Obtaining commitments for relocation schedules.
We will reach out to utility owners with facilities in the project area and to the City of San Rafael Sanitation
District to request their latest facility maps and as-builts to verify if the utility mapping provided by the City
is complete. It is assumed that all relocations, including dry and wet utilities, will be included in the project
construction documents and that no facility upgrades or replacements will need to be addressed with the
project.
PROPOSAL SOUTHERN HEIGHTS AND COURTRIGHT RETAINING WALL DESIGN I
City of San Rafael L-- .
Task 2.3. Drainage Analysis
Mark Thomas will conduct a drainage analysis using the Rational Method and HEC -RAS to analyze the existing
drainage facilities and drainage patterns in the area of the project to determine the proposed facilities needed to
effectively manage roadway and hillside storm water runoff and to accommodate the proposed improvements.
Mark Thomas will map the existing storm drainage system from surveys and City GIS information. Drainage shed
areas will be estimated from available topographic maps and field reviews. Tributary areas will be defined, and
flow rates calculated for concrete ditches and pipelines. The calculations will define pipe/culvert lengths, sizes,
peak flow velocities, and hydraulic grade lines.
A Draft and Final Drainage Memo will be prepared to outline existing and proposed storm drain conditions.
Mark Thomas will use the hydraulic analysis and pipe sizing calculations performed as part of the drainage study
to design new drainage systems required for the project. It is assumed there will be no changes to the existing
drainage patterns or upgrades to drainage facilities away from the site. It is also assumed that no additional
geotechnical analysis will be required.
Task 2.4.60% PS&E Submittal
Mark Thomas will prepare 60% plans, specifications and cost estimate for submittal to the City. Project design
will be based on the approved 30% design plans. Plans will be prepared in accordance with the City of San Rafael
design standards using AutoCAD. The plans will be at a level ready for a detailed quality control check and for the
utility companies to begin relocation design ("B Plans").
Mark Thomas will prepare structural calculations and plans for the retaining wall along Southern Heights
Boulevard. It is assumed that the retaining wall will consist of a solider pile wall with timber or precast concrete
lagging and that tiebacks will not be necessary. The structure design will be performed in accordance with
AASHTO LRFD Bridge Design Specifications, 6th Edition with California Amendments. The latest updated
versions of the Caltrans Bridge Design Manuals will be used.
It is anticipated that the following plan sheets will be prepared.
SHEET NAME NUMBER OF SHEETS
Title Sheet
Standard Abbreviations/General Notes 1
Typical Cross Sections 1
Demolition 1
Layout Plan and Profile 1
Construction Details 2
Drainage and Utilities 1
Water Pollution Control 1
Retaining Wall General Plan 2
Retaining Wall Details 4
Total Sheets 15
Mark Thomas will develop quantities and prepare construction cost estimates for the repair project.
Construction costs will be developed using current bid results from similar projects, Caltrans database
information and from Caltrans latest Construction Cost Manual. All estimates will be done in Caltrans BEES
format using Microsoft Excel.
Mark Thomas will develop project special provisions using 2018 Caltrans Standard Specifications. The special
provisions will be prepared using Microsoft Word. It is assumed that the City will incorporate their boilerplate
contract language into the specifications.
PROPOSAL SOUTHERN HEIGHTS AND COURTRIGHT RETAINING WALL DESIGN
City of San Rafael
Task 2.5.90% PS&E Submittal
Comments from the City on the 60% submittal will be addressed and incorporated into the 90% PS&E package.
Mark Thomas will prepare a Comment Response Matrix listing the comment, source, and proposed resolution.
Once the comment resolutions are agreed upon, Mark Thomas will update the PS&E to the 90% design level. The
90% PS&E will be provided to the City for review and comment.
Task 2.6.100% PS&E Submittal
Comments from the City on the 90% submittal will be addressed and incorporated into the 100% (Final) PS&E
package. Mark Thomas will prepare a Comment Response Matrix listing the comment, source, and proposed
resolution. Once the comment resolutions are agreed upon, Mark Thomas will update the PS&E to the
100% (Final) design level. The 100% (Final) PS&E will be of sufficient detail for the City to use in bidding and
constructing the project improvements.
TASK 2 DELIVERABLES:
• 30% Concept Plans
• Utility "A, B, C" Letters and Coordination Matrix
• Draft and Final Drainage Analysis Memo
• PS&E at 60%, 90% and 100% (Final) levels (Hard Copies and PDF)
• Comment Response Matrix with comments provided by the City on the 60% and 90% PS&E
• Final Construction Documents including Plans in AutoCAD, Specifications in MS Word.
• All deliverables to be submitted in pdf format
TASK 3. ENVIRONMENTAL COMPLIANCE AND PERMITTING
Task 3.1. CEQA Clearance
The project is a minor alteration of an existing roadway including retaining wall for the purpose of slope
stabilization. These activities are eligible for a Categorical Exemption (CE) under CEQA Guidelines 15301(c).
Based on our review of the proposed project and known environmental constraints, we believe the project may
qualify for a CE.
In order to determine whether a CE is appropriate, the following technical study will be prepared:
Task 3.1.1. Cultural Resources Evaluation
LSA's will complete research, field survey, and reporting tasks, as described below. The following Cultural
Resources scope of work assuming negative findings for cultural resources.
Research
• California Historical Resources Information System (CHRIS): A CHRIS records search will be conducted at
the Northwest Information Center (NWIC) to identify any previous cultural resources or cultural resources
studies in the project site and search radius.
• Native American Heritage Commission (NAHC): LSA will contact the NAHC to conduct a Sacred Lands File
search, which will identify the presence or absence of locations that may have traditional or cultural value to
tribal organizations, regardless of archaeological value, in or adjacent to the project site.
• Local Reference: LSA will contact the Marin County Historical Society to inquire about the history of the
property.
• Lastly, we will review background information, historical maps and records, cultural resources inventories,
and pertinent literature to determine the pre -contact and historic context and assess the archaeological site
sensitivity of the property.
PROPOSAL SOUTHERN HEIGHTS AND C URTRIGHT RETAINING WALL DESIGN j
City of San Rafael -
Field Survey
An LSA cultural resources analyst will conduct a field survey of the project site. The field survey will be
documented in field notes and photographs. We will need access to the project site in order to complete this
task (to be provided by client).
Reporting
LSA will prepare a report that describes the methods, results, and recommendations of the study, especially
regarding additional work that may be necessary to address the requirements of CEQA. Note: If any cultural
resources are identified on the property, the resource(s) must be recorded before the report can be finalized.
The draft report will be submitted to the City in PDF format.. Following resolution of any comments, the final
report will be resubmitted in PDF format and will also be submitted to the NWIC in fulfillment of a requirement
to access their archives.
Task 3.1.2. Notice of Exemption
LSA will prepare the one-page CEQA Notice of Exemption form and assist with the County Clerk filing. LSA has
budgeted 6 hours of staff time to advise on unanticipated environmental issues that may arise and/or assist with
the Notice of Exemption filing. Should the project require the preparation of an Initial Study/Mitigated Negative
Declaration (IS/MND) LSA will prepare a separate scope and fee for that task.
TASK 3 DELIVERABLES:
• Draft and Final Cultural Resources Report
• CEQA Notice of Exemption
TASK 4. FINAL BID PHASE AND BID PHASE SUPPORT
Task 4.1. Bidding and Construction Support
Mark Thomas will assist the City during the bidding process and during construction of the project. This work may
include answering bid inquiries from prospective bidders, attending pre-bid meetings, and preparing addenda to
the PS&E documents during the advertisement period. During construction, the work may include responding
to Requests for information (RFIs) by the contractor, providing consultation and interpretation of the contract
documents, preparing Contract Change Orders (CCOs), reviewing solider pile shop drawings, and preparing
record drawings.
It is assumed that the City will retain construction management services to manage the project through
construction including oversight of the Contractor and day-to-day construction activities. Mark Thomas can
provide this service for an additional scope and fee if requested by the City.
PROJECT ASSUMPTIONS
This scope of work has been prepared using the following assumptions:
• Topographic survey and boundary mapping will be provided by the City.
• The Geotechnical Evaluation Memo provides sufficient information for design of the retaining wall. If
additional information is required, the City will contract with Miller Pacific to provide this additional
information.
• Landscape and irrigation design are not included in this scope of work.
• Regulatory permits are not required.
Exhibit B
U MARK
THOMAS
SCOPE OF WORu,
Southern Heights and Courtright Retaining Wall Design
City of San Rafael
October 15, 2019
TASK 1. PROJECT MANAGEMENT AND COORDINATION
Task 1.1. Communication and Schedule
Mark Thomas will provide ongoing general project management throughout the duration of the project. This
includes preparing contract paperwork, memos, letters and emails, making phone calls, and tracking project
issues/action items/decision. Management activities also include the development and maintenance of a critical
path method (CPM) design schedule and preparation of monthly invoices and progress reports. The schedule
will be updated as progress is made, with critical path activities clearly shown for team review purposes. The
schedule and billings will be submitted in the form and in sufficient detail to track the project status and contract
expenditures as outlined by the City at the beginning of the project. For the scope of work, Mark Thomas
assumes a project duration of 6 months, excluding the duration for bidding and construction assistance.
Mark Thomas will schedule, prepare for, and attend project meetings with the City to share project information,
identify critical issues, make decisions, assign project tasks, and identify items critical to project delivery. Two
project team meetings, to be held at the City offices, are assumed. In addition, it assumed that 4 conference
calls will be held to provide regular check -ins with City staff. Mark Thomas will prepare and distribute agendas
prior to each meeting and prepare meeting minutes with action items within one week after the meeting.
Task 1.2. Quality Control
Independent QC reviews will be performed at each level of completions by an experienced staff member not
directly involved with the project. QC Checklists specific to the discipline involved in creating the deliverable will
be used, with comments, responses by the design team, and verification of implementation fully documented.
TASK 1®EL/VERABLES:
• Project Schedule
• Meeting Agendas and Minutes
• Monthly Invoices and Progress Reports
TASK 2. ENGINEERING DESIGN
Task 2.1.30% Design Submittal
Prior to development of the 30% design, Mark Thomas will conduct a site visit to assess the existing conditions
and make observations related to sight distance, environmental impacts, potential utility conflicts, and privately -
owned improvements within the public right of way. This site visit would be in conjunction with the City, LSA, and
Exhibit B
\I MARK Southern Heights and Courtright Retaining Wall Design
1. � El THOMAS City of San Rafael
October 15, 2019
regulatory permitting agencies, if needed, so that the extent of project improvements and construction
methods can be understood.
Mark Thomas will prepare 30% level concept plans for the roadway improvements and retaining wall. It is
assumed that the roadway improvements will consist of roadway resurfacing, construction of a concrete v -
ditch, and storm drain improvements. Consistent with the Geotechnical Evaluation Memo prepared by Miller
Pacific, the retaining wall is assumed to be a solider pile wall. The design detail will be sufficient to prepare a
Caltrans planning type cost estimate and identify risks, construction phasing alternatives, and additional
investigations needed to verify assumptions.
Mark Thomas will submit the 30% design concepts to City staff to obtain feedback before proceeding with final
engineering and design. It is assumed presentations of the 30% design to stakeholder groups or at community
meetings will be completed by the City. Support for or attendance at community and stakeholder meetings is
not included in this scope of services.
Task 2.2. Utility Coordination
Mark Thomas will be responsible for utility coordination throughout the project development. Coordination with
utilities will follow the standard "A, B, C" Utility Process, including but not limited to:
• Identifying utility conflicts
• Facilitating relocation designs; and
• Obtaining commitments for relocation schedules.
We will reach out to utility owners with facilities in the project area and to the City of San Rafael Sanitation
District to request their latest facility maps and as-builts to verify if the utility mapping provided by the City is
complete. It is assumed that all relocations, including dry and wet utilities, will be included in the project
construction documents and that no facility upgrades or replacements will need to be addressed with the
project.
Task 2.3. 90% PS&E Submittal
Mark Thomas will prepare 90% plans, specifications and cost estimate for submittal to the City. Project design
will be based on the approved 30% design plans. Plans will be prepared in accordance with the City of San Rafael
design standards using AutoCAD. The plans will be at a level ready for a detailed quality control check.
Mark Thomas will prepare structural calculations and plans for the retaining wall along Southern Heights
Boulevard. It is assumed that the retaining wall will consist of a solider pile wall with timber or precast concrete
lagging and that tiebacks will not be necessary. The structure design will be performed in accordance with
AASHTO LRFD Bridge Design Specifications, 8th Edition with California Amendments. The latest updated
versions of the Caltrans Bridge Design Manuals will be used.
U MARK
Ea n THOMAS
It is anticipated that the following plan sheets will be prepared.
Southern Heights and Courtright Retaining Wall Design
City of San Rafael
October 15, 2019
A
Title Sheet
1
Standard Abbreviations/General Notes
1
Typical Cross Sections
1
Demolition
1
Layout Plan and Profile
1
Construction Details
2
Drainage and Utilities
1
Water Pollution Control
1
Retaining Wall General Plan
1
Retaining Wall Details
3
Total Sheets
13
Mark Thomas will develop quantities and prepare construction cost estimates for the repair project.
Construction costs will be developed using current bid results from similar projects, Caltrans database
information and from Caltrans latest Construction Cost Manual. All estimates will be done in Caltrans BEES
format using Microsoft Excel.
Mark Thomas will develop project special provisions using 2018 Caltrans Standard Specifications. The special
provisions will be prepared using Microsoft Word. It is assumed that the City will incorporate their boilerplate
contract language into the specifications.
Task 2.4.100% PS&E Submittal
Comments from the City on the 90% submittal will be addressed and incorporated into the 100% (Final) PS&E
package. Mark Thomas will prepare a Comment Response Matrix listing the comment, source, and proposed
resolution. Once the comment resolutions are agreed upon, Mark Thomas will update the PS&E to the 100%
(Final) design level. The 100% (Final) PS&E will be of sufficient detail for the City to use in bidding and
constructing the project improvements. .
TASK2 DEL / VERA SLES-
• 30% Concept Plans
• Utility "A" Letters and Coordination Matrix
• PS&E at 90% and 100% (Final) levels (Hard Copies and PDF)
• Comment Response Matrix with comments provided by the City on the 90% PS&E
• Final Construction Documents including Plans in AutoCAD, Specifications in MS Word.
• All deliverables to be submitted in pdf format
kLI MARK
6 r; THOMAS
Southern Heights and Courtright Retaining Wall Design
City of San Rafael
October 15, 2019
TASK 3. ENVIRONMENTAL COMPLIANCE AND PERMITTING
Task 3.1. CEQA Clearance
The project is a minor alteration of an existing roadway including retaining wall for the purpose of slope
stabilization. These activities are eligible for a Categorical Exemption (CE) under CEQA Guidelines 15301(c).
Based on our review of the proposed project and known environmental constraints, we believe the project may
qualify for a CE.
In order to determine whether a CE is appropriate, the following technical study will be prepared:
Task 3.1.1. Cultural Resources Evaluation
LSA's will complete research, field survey, and reporting tasks, as described below. The following Cultural
Resources scope of work assuming negative findings for cultural resources.
Research
• California Historical Resources Information System (CHRIS): A CHRIS records search will be conducted at
the Northwest Information Center (NWIC) to identify any previous cultural resources or cultural resources
studies in the project site and search radius.
• Native American Heritage Commission (NAHC): LSA will contact the NAHC to conduct a Sacred Lands File
search, which will identify the presence or absence of locations that may have traditional or cultural value to
tribal organizations, regardless of archaeological value, in or adjacent to the project site.
• Local Reference: LSA will contact the Marin County Historical Society to inquire about the history of the
property.
0 Lastly, we will review background information, historical maps and records, cultural resources inventories,
and pertinent literature to determine the pre -contact and historic context and assess the archaeological site
sensitivity of the property.
Field Survey
An LSA cultural resources analyst will conduct a field survey of the project site. The field survey will be
documented in field notes and photographs. We will need access to the project site in order to complete this
task (to be provided by client).
Reporting
LSA will prepare a report that describes the methods, results, and recommendations of the study, especially
regarding additional work that may be necessary to address the requirements of CEQA. Note: If any cultural
resources are identified on the property, the resource(s) must be recorded before the report can be finalized.
The draft report will be submitted to the City in PDF format.. Following resolution of any comments, the final
report will be resubmitted in PDF format and will also be submitted to the NWIC in fulfillment of a requirement
to access their archives.
►I MARK
® THOMAS
Southern Heights and Courtright Retaining Wall Design
City of San Rafael
October 15, 2019
Task 3.1.2. Notice of Exemption
LSA will prepare the one-page CEQA Notice of Exemption form and assist with the County Clerk filing. LSA has
budgeted 6 hours of staff time to advise on unanticipated environmental issues that may arise and/or assist with
the Notice of Exemption filing. Should the project require the preparation of an Initial Study/Mitigated Negative
Declaration (IS/MND) LSA will prepare a separate scope and fee for that task.
MSK3 DEL / VERA 8LES.
•
• Draft and Final Cultural Resources Report
• CEQA Notice of Exemption
TASK 4. FINAL BID PHASE AND BID PHASE SUPPORT
Task 4.1. Bidding Support
Mark Thomas will assist the City during the bidding process of the project. This work may include answering bid
inquiries from prospective bidders, attending pre-bid meetings, and preparing addenda to the PS&E documents
during the advertisement period.
PROJECTASSUMPTIONS
This scope of work has been prepared using the following assumptions:
• Topographic survey and boundary mapping will be provided by the City.
• The Geotechnical Evaluation Memo provides sufficient information for design of the retaining wall. If
additional information is required, the City will contract with Miller Pacific to provide this additional
information.
• Drainage analysis is not included in this scope of services.
• Landscape and irrigation design are not included in this scope of work.
• Regulatory permits are not required.
• Construction support services will be provided for an additional scope and fee to be approved by the City
prior to the start of work.
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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: Shawn Graf Extension: 5347
Contractor Name: Mark Thomas and Company, Inc.
Contractor's Contact: Julie Passalacqua Contact's Email: jpassalacqua@markthomas.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
10/28/2019
Attorney c/o Laraine.Gittens@cityofsanrafael.org
N IK
2
City Attorney
a. Review, revise, and comment on draft agreement
10/30/2019
N LG
and return to Project Manager
10/30/2019
N LG
b. Confirm insurance requirements, create Job on
Department Director
PINS, send PINS insurance notice to contractor
3
Approval of final agreement form to send to
Click or Lap
❑
contractor
to enter a
Project Manager
Forward three (3) originals of final agreement to
date.
4
Click here to
N
contractor for their signature
enter a date.
❑ N/A
5
Project Manager
When necessary, contractor -signed agreement
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
11/18/2019
PRINT
Project Manager
Date of City Council approval
CONTINUE ROUTING PROCESS WITH HARD COPY
6
Forward signed original agreements to City
11/5/19
Attorney with printed copy of this routing form
7
City Attorney
Review and approve hard copy of signed
q
agreement
Review and approve insurance in PINS, and bonds
8
City Attorney
for Public Works Contracts)�X
9
City Manager/ Mayor
Agreement executed by City Council authorized
official
Attest signatures, retains original agreement and
�y
10
City Clerk
forwards copies to Project Manager
Z,0
VI,