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PW Master Services Agreement; Task Order No. 14 Francisco Blvd MUP Phase IICity of San Rafael MASTER CONSULTANT SERVICES AGREEMENT DATED APRIL 27, 2020 WITH LSA ASSOCIATES, INC. TASK ORDER NO. 14 Phase II: Francisco Boulevard Multi -Use Pathway: 2" Street to Andersen Street THIS TASK ORDER is entered into on 7(,tiit , 20e;Xlbetween the City of San Rafael, a municipal corporation ("City"), and LSA Associates, Inc., ("Consultant"). RECITALS A. The City and Consultant have entered into a Master Consultant Services Agreement ("Agreement") dated April 27, 2020 under which Consultant has agreed to perform certain professional consulting services for the City; and B. Pursuant to the terms of the Agreement, the City wishes Consultant to perforin certain tasks as set forth in this Task Order, which constitute the Project; NOW, THEREFORE, City and Consultant agree as follows: AGREEMENT 1. Scope of services. Consultant shall provide any and all of the services set forth in Attachment A of this Task Order, dated June 5, 2020, as directed by the City. Dan Sidle shall be the Project Manager for Consultant for this Task Order. Additional professional services may be performed by other Consultant staff with prior notice and approval by City. a. City's duties. The City will: (1) Determine the scope of services, as set forth in Attachment A. (2) Make available the project plans and specifications and other City data related to the project, including full information as to the City's requirements. (3) Designate April Miller as the person at the City responsible for monitoring performance under this Task Order. b.Consultant duties. The Consultant will: (1) Provide and perform tasks identified in Attachment A, Scope of Services. (2) Provide miscellaneous consulting and other services related to the Project and not stipulated elsewhere in this Task Order, when requested by the City in writing. A Task Order Amendment is required if these additional services cannot be performed within the Task Order budget. Rev. May 2013 City of San Rafael Master Consultant Services Agreement Task Order Date of completion; Work hours estimate: Cost estimate and budget: Fee schedule. With regard to each project given to Consultant that is subject to this Task Order, the time of completion, work hours estimate, cost estimate and budget and fee schedule are set forth in Attachment A to this Task Order. Authorization to proceed. The City will give Consultant authorization to proceed with the work specified in this Task Order only after Consultant submits updated insurance certificates and endorsements, in accordance with Section 10 of the Agreement. Master Agreement terms; Conflicts. Except as expressly otherwise provided herein, all ten -ns of the Agreement shall apply to Consultant in the performance of work pursuant to this Task Order. If there is a conflict between this Task Order and the Agreement, this Task Order shall control. Amendment of Task Order; Conflicts. Except as provided in Section 1(b)(2) above, this Task Order may not be modified except by an Amended Task Order executed and approved in the same manner as the Task Order. Signatures. The parties have executed this Task Order, as of the date first written above. CITY OF SAN RAAFAE \ - im chutz, City"a ager Contents approved: By: Bill Guerin, Public Works Director Reviewed By By. J� r Robert F. Epstein, My Attorney 2 Rev. !an 2019 CONSULTANT By: Name: Jeff Bray Title: President (if Consultant is a corporation, add signature of second corporate officer) Name: Mike Trotta City of San Rafael kfaster Consultant Set -vices Agreement Task Order Title: Chief f=inancial Officer Attachments: A Scope of Work, Specifications, Budget and Terms, Fee Schedule Rev. Jan 2019 LSA June 5, 2020 April Miller, P.E. Senior Civil Engineer Department of Public Works, Engineering/CIP City of San Rafael 111 Morphew Street San Rafael, California 94901 Subject: Biological Resources Consulting Services Phase 2: Francisco Boulevard Multi -Use Pathway: 2nd Street to Anderson Street San Rafael, Marin County Dear Ms. Miller: CARLSBAD FRESNO IRVINE LOS ANGELES PALM SPRINGS POINT RICHMOND RIVERSIDE ROSEVILLE SAN LUIS OBISPO Consistent with the Mitigation Monitoring and Reporting Program (MMRP) for the above - referenced project and the relevant conditions within the California Department of Fish and Wildlife (CDFW) Lake or Streambed Alteration Agreement (LSAA; Notification No. 1600-2018-0041; dated May 18, 2018), LSA is providing a scope of work and fee for the biological resources surveys and monitoring during Phase 2 project construction. SCOPE OF WORK Task 1- Submit Qualifications of LSA Biologists to CDFW for Approval In accordance with Wildlife Protection and Prevention Condition 2.24 of the LSAA, LSA will submit the qualifications of the LSA biologists and other biological monitors (e.g., on-site City inspectors, SWPPP inspectors, etc.) to CDFW for approval to work on the project. Task 2 - Conduct Training Session for Personnel In accordance with Wildlife Protection and Prevention Condition 2.25 of the LSAA, an LSA qualified biologist will conduct an education program for all persons employed on the project prior to performing covered activities. Instruction will consist of a presentation that will include a discussion of the biology and general behavior of any sensitive species that may be in the area, how they may be encountered within the work area, and procedures to follow when they are encountered. The status of special -status species including legal protection, penalties for violations and project - specific protective management measures will be discussed. If needed, LSA will provide interpretation for non-English speaking workers. During subsequent monitoring visits, LSA will provide the same presentation for any new workers who did not attend the original training session. LSA will prepare and distribute a factsheet handout containing this information for workers to carry on-site. Upon completion of the program, workers will sign an affidavit stating they attended the program and understand all protection measures. 157 Park Place, Pt. Richmond, California 94801 510.236.6810 www.Isa.net LSA Task 3 - Conduct Pre -construction Survey for Nesting Birds In accordance with Mitigation Measure BIO -2a and BIO -4 of the MMRP and Wildlife Protection and Prevention Measure 2.31 of the LSAA, an LSA qualified biologist will conduct a pre -construction survey for nesting birds within 7 days priorto the beginning of project -related activities. In accordance with Wildlife Protection and Prevention Measure 2.33 of the LSAA, if an active nest is found during the survey, LSA will consult with CDFW and the U.S. Fish and Wildlife Service (if needed) regarding the appropriate action and to establish an appropriately sized exclusion buffer zone. In accordance with Reporting Measure 4.6 of the LSAA, LSA will submit the results of the nesting bird survey to CDFW (by email) prior to the start of work. Task 4 - Conduct Pre -construction Survey for Roosting Bats In accordance with Mitigation Measure BIO -2b of MMRP and Wildlife Protection and Prevention 2.29 of the LSAA, an LSA qualified biologist will conduct a pre -construction survey for roosting bats at all suitable bat roosting habitat (bridges, trees, culverts and other structures, etc.) within the project area within 15 days prior to the beginning of project -related activities. If bat roosts are found, LSA will notify CDFW within 24 hours and consult CDFW to determine appropriate avoidance and minimization measures. In accordance with Reporting Measure 4.5 of the LSAA, LSA will submit the results of the roosting bat survey to CDFW prior to the start of work. Task 5 - Conduct Pre -Construction Survey for Western Pond Turtle In accordance with Mitigation Measure BIO -2b of the MMRP, an LSA qualified biologist will conduct a pre -construction survey for western pond turtles no more than 30 days prior to construction along the drainage ditch within the project corridor, including beneath all crossings. If western pond turtles are found in work areas, LSA will consult CDFW regarding approval to relocate the turtles. LSA will provide the methods and results of the survey within a brief letter report. Task 6 - Conduct Nest Monitoring (If Needed) In accordance with Wildlife Protection and Prevention Measure 2.33 of the LSAA, if active bird nests are found during the pre -construction surveys, LSA will monitor the behavior of the birds (adults and young, when present) at the nest site to ensure that they are not disturbed by project work. LSA will monitor the bird nest during project work until the young have fully fledged (have completely left the nest site and are no longer being fed by the parents). LSA assumes 8 hours of nest monitoring may be needed as part of this task. Task 7 - Conduct Intensive Monitoring during In -Water Work In accordance with Wildlife Protection and Prevention 2.23 (Biological Monitor On-site), LSA will conduct 30 8 -hour days of intensive monitoring during in -water work, such as the construction of 6/5/20 (P:\CSR1801\2020 Proposal\Francisco MUP Phase 2 Bio Proposal 6-20.dacx) 2 LSA the new trash rack, installation of sheet piles, and the removal and restoration of the channel where the existing driveway/culvert is located. During the monitoring, LSA biologists will inspect the project site for general permit compliance to ensure that the project is avoiding impacts to special - status species, maintaining flows for fish passage, covering or installing escape ramps over any open trenches, and making sure pipes, hoses, similar structures are free of wildlife. Task 8 - Assist with Invasive Plant Removal at Mitigation Site LSA will assist the project landscape contractor on identifying invasive plants to be removed from the mitigation site along Mahon Creek. LSA will monitor the weed removal for up to three 8 -hour days. SPECIFICATIONS This proposal includes one round of preconstruction surveys to be conducted during the same site visit and includes one training session, but additional surveys and training can be conducted during LSA's monitoring visits, as needed. • This proposal includes 30 intensive monitoring visits of 8 hours per visit and 3 intensive monitoring visits to assist with the invasive plant removal, which will be conducted as needed during work along the channels. If additional intensive monitoring visits are required, LSA can provide this service at $1,120 per day, including travel time and reimbursable expenses. BUDGET AND TERMS The above scope of work is estimated at an hourly plus expenses amount of $41,585. We suggest an additional 10 percent be reserved as contingency in case of construction delays or other unforeseen issues, such as the discovery of special -status species, bat roosts, or bird nests that require additional monitoring. Additional services beyond those specified above will be provided upon your request on a time plus expenses basis. This budget will not be exceeded without your specific authorization. Additional services beyond those specified above will be provided upon your request on a time plus expenses basis according to the attached billing rates. LSA looks forward to working with you on this project. Please contact me at (510) 236-6810 or at dan.sidle@lsa.net, or George Molnar, Principal -in -Charge, at (510) 236-6810 or at george.molnar@lsa.net, if you have any questions regarding this proposal. Sincerely, LSA Associates, Inc. M- IFIL Dan Sidle Associate/ Senior Biologist 6/5/20 (P:\CSR1801\2020 Proposal\Francisco MUP Phase 2 Bio Proposal 6-20.docx) 3 JUNE 2019 SCHEDULE OF STANDARD CONTRACT PROVISIONS L S A AND BILLING RATES SCHEDULE OF STANDARD CONTRACT PROVISIONS AND BILLING RATES FEES FOR PROFESSIONAL SERVICES Fixed -Fee Contracts If a fixed -fee proposal, the professional services described in the Scope of Services Section of the attached proposal shall be provided for the fixed fee noted in the proposal. Invoices will be generated on a monthly basis based on the percentage of work completed and/or an agreed-upon schedule of values. The fixed fee includes all labor and expenses required to complete the defined scope of work. Any changes in the scope of work, significant delays or additional tasks will be considered extra services. Extra services shall be provided on a time and expenses basis at the same rates specified for hourly contracts, unless other arrangements are made in advance. Hourly Contracts If an hourly plus expenses proposal, the professional services described in the Scope of Services Section of the attached proposal shall be provided on a time and materials basis at current hourly rates. These rates are as shown on a Rate Schedule that is attached, or can be made available. Hourly rates are subject to review at least annually on or about June 1 of each year, and may be adjusted to reflect changing labor costs, at our discretion, at that time. (A schedule can be made available upon request.) Direct costs (including cost of subconsultants) shall be reimbursed at cost plus 10 percent, unless other arrangements are made in advance, and are not included in the hourly fee for professional services. The total estimated amount of time and expenses noted in the proposal will serve as a control on the services to be provided. The specified amount will not be exceeded without prior approval of the client. EXTRA SERVICES Services provided by LSA under this Agreement are defined in the Scope of Services Section of the attached proposal. The Scope of Services was created with the intent of executing the specific tasks and level of service requested by the client. Any additions, changes to the Scope or substantial delays to the schedule as defined in the Scope will be considered extra services. Extra services shall be provided on a time -and -expense basis at the hourly rates in effect when the extra service is provided, unless other arrangements are made in advance. Extra services will be communicated to and authorized by the client prior to commencing work. Should an alteration to the Scope include removing tasks or reducing the scope of the level of service, LSA shall invoice for the work performed prior to receiving written notice of the change. I I ON017Tffie Monthly invoices shall be submitted for progress payment based on work completed to date. LSA will invoice the client using our standard invoicing format and will submit the invoice to the client via electronic mail. Clients requesting changes to LSA's standard invoice or process for submittal may be billed additional time to develop the invoice and monthly administration of the billing. L:\CORP\Contract rev 030819.docx «06/01/19» 1 JUNE 2019 SCHEDULE OF STANDARD CONTRACT PROVISIONS LSA A AND BILLING RATES J A PAYMENT OF ACCOUNTS Terms are net 30 days. A service charge of 1.5 percent of the invoice amount (18 percent annual rate) may be applied to all accounts not paid within 30 days of invoice date. Any attorney's fees or other costs incurred in collecting any delinquent amount shall be paid by the client. 4IF_10107,1.1oxel& 1_10 Services provided by LSA under this Agreement will be performed in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. LSA will endeavor to maintain consistent staff on the project; however, unforeseen issues outside of our control such as employee illness, relocation, injury or departure can occur. From time to time, unforeseen circumstances require us to replace project staff or project managers with other equally qualified staff in order to meet our commitments. The terms of this proposal are not contingent upon work being performed by named staff. LSA reserves the right to substitute equally qualified staff when necessary. PROJECT DELAYS The terms of this Proposal are based on the anticipated project schedule. In the event of unanticipated project delays, the scope of services may be subject to amendment, change, or substitution. INDEMNIFICATION Client and consultant each agree to indemnify and hold the other harmless and their respective officers, employees, agents, and representatives from and against liability for all claims, losses, damages, and expenses, including reasonable attorneys' fees, to the extent such claims, losses, damages, and expenses are caused by the indemnifying party's negligent acts, errors, or omissions. ELECTRONIC FILE DATA CHANGES Copies of documents that may be relied upon by client are limited to the printed copies (also known as hard copies) that are signed or sealed by LSA. Files in electronic media format or text, data, graphic, or other types that are furnished by LSA to client are only for convenience of client. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format, LSA makes no representations as to long-term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those of LSA at the beginning of the assignment. FORCE MAJEURE Neither party shall be deemed in default of this Agreement to the extent that any delay in performance of its obligation results from any cause beyond its reasonable control and without its negligence. LITIGATION In the event that either party brings action under the proposal for the breach or enforcement thereof, the prevailing party in such action shall be entitled to its reasonable attorneys' fees and costs whether or not such action is prosecuted to judgment. L:\CORP\Contract rev 030819.dacx a06/01/19n 2 JUNE 2019 SCHEDULE OF STANDARD CONTRACT PROVISIONS LSA A AND BILLING RATES J A NOTICES Any notice or demand desired or required to be given hereunder shall be in writing, and shall be deemed given when personally delivered or deposited in the mail, postage prepaid, sent certified or registered, and addressed to the parties as set forth in the proposal or to such other address as either party shall have previously designated by such notice. Any notice so delivered personally shall be deemed to be received on the date of delivery, and any notice mailed shall be deemed to be received 5 days after the date on which it was mailed. TERMINATION OF CONTRACT Client may terminate this agreement with 7 days prior notice to LSA for convenience or cause. Consultant may terminate this Agreement for convenience or cause with seven days prior written notice to client. Failure of client to make payments when due shall be cause for suspension of services, or ultimately termination of the contract, unless and until LSA has been paid in full all amounts due for services, expenses, and other related charges. If this Schedule of Standard Contract Provisions is attached to a proposal, said proposal shall be considered revoked if acceptance is not received within 90 days of the date thereof, unless otherwise specified in the proposal. L:\CORP\Contract rev 030819.docx n06/01/19n JUNE 2019 SCHEDULE OF STANDARD CONTRACT PROVISIONS LSA A AND BILLING RATES J A HOURLY BILLING RATES EFFECTIVE JUNE 2019 Job Classification Hourly Rate Unit Cost Description Unit Cost Reproduction Cultural/ $0.07 per page GPS Unit Ra nge'.z Reproduction (8.5 x 11) Color $0.40 per page Total Station Surveying Instrument Paleontological Reproduction (11 x 17) B/W $0.10 per page Planning Environmental Transportation Air/Noise Resources Biology GIS CD Production Principal Principal Principal Principal Principal Principal Principal $175-390 Associate Associate Associate Associate Associate Associate Associate $125-245 Senior Senior Senior Senior Air Senior Cultural Senior Biologist/ Senior GIS $115-220 Planner Environmental Transportation Quality/Noise Resources Manager/ Botanist/Wildlife Specialist Planner Planner/Engineer Specialist Paleontologist Biologist/Ecologist/ Soil Scientist/ Herpetologist/ Arborist Planner Environmental Transportation Air Quality/ Cultural Resources Biologist/Botanist/ GIS $85-150 Planner Planner/Engineer Noise Specialist/ Manager Wildlife Biologist/ Specialist Climate Change Archaeologist/ Ecologist/Soil Specialist Architectural Scientist/ Historian/ Herpetologist/ Paleontologist Arborist Assistant Assistant Assistant Air Quality/ Cultural Resources Assistant Biologist/ Assistant $85-100 Planner Environmental Transportation Noise Analyst Analyst Botanist/Wildlife GIS Planner Planner/Engineer Biologist/Ecologist/ Specialist Soil Scientist/ Herpetologist/ Arborist Field Services Senior Field Crew/Field Crew $80-100 Office Services Graphics $115-150 Marketing $75-125 Office Assistant $65-115 Project Assistant $70-145 Research Assistant/Intern $50-80 Word Processing/Technical Editing $95-125 ' The hourly rate for work involving actual expenses in court (e.g., giving depositions or similar expert testimony) will be billed at $400 per hour regardless ofjob classifications. Z Hourly rates are subject to review at least annually, on or about June 1 of each year, and may he adjusted to reflect changing labor costs at LSA's discretion at that time. LSA IN-HOUSE DIRECT COSTS EFFECTIVE JUNE 20191 I Direct costs shall be reimbursed at cost plus 10 percent. L:\CORP\Contract rev 030819.docx a06/01/19)) Description Unit Cost Description Unit Cost Reproduction (8.5 x 11) B/W $0.07 per page GPS Unit $75.00 per day Reproduction (8.5 x 11) Color $0.40 per page Total Station Surveying Instrument $50.00 per day Reproduction (11 x 17) B/W $0.10 per page Level (Laser or Optical) $25.00 per day Reproduction (11 x 17) Color $0.75 per page Laser Rangefinder $25.00 per day CD Production $5.00 per CD Sound Meter $75.00 per day USB Flash Drive $5.00 per drive Sound Meter with Velocity Transducer $85.00 per day Plotting $3.75 per sq ft Aerial Photo Cost Aerial Drone $200.00 per day Boat Rental $125.00 per day Mileage On -Road Current federal rate Water Quality Meter $25.00 per day Mileage Off -Road Current federal rate Night Vision Goggles $50.00 per unit per night I Direct costs shall be reimbursed at cost plus 10 percent. L:\CORP\Contract rev 030819.docx a06/01/19)) PXA RAF,gF �, yo ,Ty L'1'ITH E'tl Gi 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: Iman Kayani for AM Extension: 3352 Contractor Name: LSA Associates, Inc. Contractor's Contact: Dan Sidle Contact's Email: Dan.Sidle@lsa.net ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click liere to ❑ enter a (late. b. Email contract (in Word) and attachments to City 6/9/2020 Attorney c/o Laraine.Gittens@cityofsanrafael.org ❑X IKK 2 City Attorney a. Review, revise, and comment on draft agreement 6/16/2020 © LG and return to Project Manager 6/16/2020 ❑x LG b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to.contractor 3 Department Director Approval of final agreement form to send to 6/16/2020 © BG contractor 4 Project Manager Forward three (3) originals of final agreement to 6/16/2020 D IKK contractor for their signature 5 Project Manager When necessary, contractor -signed agreement ❑x N/A agendized for City Council approval * *City Council approval required for Professional Services ❑X IKK Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to Date of City Council approval enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City 6/22/2020 IKK Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed agreement 8 City Attorney Review and approve insurance in PINS, and bonds ,c IZr! f�(for Public Works Contracts) -1/ 9 City Manager/ Mayor Agreement executed by City Council authorized j _ G official b 10 City Clerk Attest signatures, retains original agreement and / forwards copies to Project Manager b /U