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HomeMy WebLinkAboutPW Environmental Consulting Services; WRAAGREEMENT FOR PROFESSIONAL SERVICES FOR ENVIRONMENTAL CONSULTING SERVICES This Agreement is made and entered into this 12th day of April, 2016, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and WRA (hereinafter "CONTRACTOR"). RECITALS WHEREAS, CITY desires to enter into contract with firm(s) capable of assisting CITY in preparation of environmental documents, technical studies, written reports to City Council, permit applications and negotiations with regulatory agencies, and other environmental consulting services on an as -needed basis; and WHEREAS, CONTRACTOR is experienced, able and qualified to provide these services; AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY'S Project Manager. The Assistant Public Works Director 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'S Project Director. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Justin Semion 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. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perfonn the duties and/or provide services as follows: Preparation of environmental documents for Capital Improvement Projects, technical studies, and written reports to City Council, permit applications and negotiations with regulatory agencies, consultation with City staff, and other environmental consulting services, including contracting with sub -consultants, on an as -needed basis as may requested by the PROJECT MANAGER by written Task Order fiom time to time. Services shall be provided in accordance with the terms of this Agreement, the Request for Qualifications dated February 25, 2016 (Exhibit B), CONTRACTOR's Proposal/Statement of Qualifications dated March 15, 2016 (Exhibit A), and the Task Order issued by CITY for each specific assignment. W-3 -0016 JJI�,r pran T A �16 l� -1 _ y; 3. DUTIES OF CITY. CITY shall pay compensation as provided in Paragraph 4, and perform duties as follows: Issue a written Task Order for each assignment, and coordinate as needed with City staff and resources. 4. COMPENSATION. For the full performance of the sei vices described herein by CONTRACTOR, CITY shall pay CONTRACTOR as follows: For all services rendered during the term of this Agreement, on a time and materials basis in accordance with the 2016 Billing Rates included in Exhibit A, and with a not -to -exceed amount as identified in each Task Order. The cumulative total amount of all Task Orders issued under this Agreement shall not exceed $20,000, including authorized expenses. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. Invoices shall include Task Order number, amount billed to date and amount remaining in Task Order, period of service, hours and rates of personnel, and backup for all expenses. Overhead rate for expenses shall not exceed 10%. 5. TERM OF AGREEMENT. The term of this Agreement shall be for two years, commencing on April 1, 2016 and ending on March 31, 2018, or sooner if and when the cuinulative amount of all Task Orders reach $20,000. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (3 0) 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 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. 7. 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. 8. 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. 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, CONTRACTOR 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 hued 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 one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. Where CONTRACTOR is a professional not required to have a professional license, CITY reserves the right to require CONTRACTOR to provide professional liability insurance pursuant to this section. 4. 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. CONTRACTOR'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 CONTRACTOR in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 2. The additional insured coverage under CONTRACTOR'S insurance policies shall be primary 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 CONTRACTOR'S policies shall be at least as broad as ISO form CG20 0104 13. 3. Except for professional liability insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. The insurance policies shall be specifically endorsed to- provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to the PROJECT MANAGER. 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 Lander 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. C. Deductibles and SIR's. Any deductibles or self-insured retentions in CONTRACTOR'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 CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONTRACTOR 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 policv 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 CONTRACTOR. 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., CONTRACTOR 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 claire, 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 CONTRACTOR'S performance of its obligations or conduct of its operations under this Agreement. The CONTRACTOR'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 CONTRACTOR'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 CONTRACTOR's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR'S performance of or operations under this Agreement, CONTRACTOR 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 CONTRACTOR 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, CONTRACTOR shall, to the fiillest extent permitted by law, indemnify, release, defend and hold harmless the City Indemnitees from and against any CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such CLAIM which is caused by the sole negligence or willful misconduct of CITY. C. The defense and indemnification obligations of this Agreement are undertaken in 5 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. 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. 13. 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 tinder this Agreement. CONTRACTOR shall perform all services wider this Agreement in accordance with tlicse 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, ordinances, codes or regulations. 14. 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. 15. NOTICES. All notices and other comrmuiications required or pernitted 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: Kevin McGowan, Assistant Public Works Director City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 TO CONTRACTOR's Project Director: Justin Semion, Principal WRA 2169-G East Francisco Blvd. San Rafael, CA 94901 16. 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. 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 CONTRACTOR and the CITY. C. No other agreement, promise or staternent, 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. 18. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct fiom 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. 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. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Mtuucipal Code CONTRACTOR 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 CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 22. 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 fust above written. CITY OF SAN RAFAEL JIHUTZ, Ci ager S r ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: -- r6 ROBERT F. EPSTEIN, Ci Attol CONTRACTOR By: Name: J J SN4,L -SPa'Li 00 Title: VF t n C't (70 / Attachments: Exhibit A Proposal/Statement of Qualifications Exhibit B - Request for Qualifications W:\01 Administration\01.01 Agreements\01.01.02.01 CEP Agreements\38. On -Call Environmental Services\WRA\WRA Professional Services Agreement - On call environmental - draft 3 -24 -16 -City Att rev 04 04 16 -revised 04 07 16.docx olowra ENVIRONMENTAL CONSULTANTS PROPOSAL TO PERFORM ON-CALL ENVIRONMENTAL SERVICES FOR THE CITY OF SAN RAFAEL In response to the RFP by: Attn: Public Works Director City of San Rafael Department of Public Works 111 Morphew Street San Rafael, CA 94901 March 15th, 2016 San Rafael / San Diego / Fort Bragg / Denver www.wra-ca.com (415) 454-8868 Exhibit A ENVIRONMENTAL CONSULTANTS March 15, 2016 City of San Rafael Department of Public Works 111 Morphew Street San Rafael, CA 94901 Attention: Public Works Director Subject: City of San Rafael On -Call Environmental Services Dear Public Works Director: WRA, Inc. is pleased to submit the enclosed Statement of Qualifications (SOQ) in response to the City of San Rafael's Request for Qualifications (RFQ) for On -Call Environmental Services. As described in the enclosed SOQ, WRA is headquartered in San Rafael and brings 35 years of environmental consulting to public agencies and private clients. We provide a full array of technical services including biological, permitting, and CEQA/NEPA. WRA is currently providing on-call environmental services to a number of public works departments and municipalities in the Bay Area supporting their capital improvement programs. WRA accepts the terms of the Agreement for Professional Services as included in the RFQ. Please do not hesitate to contact me (415) 524-7531 or at semion@wra-ca.com if you have any questions or would like any additional information about our firm. We thank you in advance for your time and consideration. Sincerely, WRA, Inc. Justin Semion, MBA, PWS Principal Enclosure 2169-G East Francisco Blvd., San Rafael, CA 94901 (415) 454-8868 tel (415) 454-0129 fax info@wro-co.com www.wra-ca.com WRA 0 Statement of Qualifications City of San Rafael On -Call Environmental Services Table of Contents SECTION 1 — INTRODUCTION.......................................................................................1 SECTION2 — FIRM PROFILE..........................................................................................2 SECTION3 — STAFFING................................................................................................. 3 SECTION 4 — SAMPLE EXPERIENCE FOR LOCAL AGENCIES...................................4 SECTION 5 — REFERENCES..........................................................................................5 SECTION 6 — BILLING RATES 2016............................................................................... 6 SECTION 7— INSURANCE REQUIREMENTS.................................................................7 APPENDIXA................................................................................................................... 8 APPENDIXB.................................................................................................................19 ewra r•rvo •e•r•ra n-rra.: WRA 1 Statement of Qualifications City of San Rafael On -Call Environmental Services SECTION 1 - INTRODUCTION This SOQ is in response to the City's RFQ for On-call Environmental Services. The RFQ specifically requests environmental services associated with the implementation of the City's Capital Improvement Program (CIP). WRA's experience fulfilling environmental requirements for the specific types of infrastructure improvements included in the City CIP would be of assistance in meeting the schedule and budget constraints for the range of projects envisioned. Specifically, WRA can assist the City with the following elements described in the RFQ, and based on projects in the City's CIP: • Environmental permitting required by state and federal resource agencies such as the Regional Water Quality Control Board (RWQCB), California Department of Fish and Wildlife (CDFW), San Francisco Bay Conservation and Development Commission (BCDC), and the United States Army Corps of Engineers (Corps) • California Environmental Quality Act (CEQA) documentation for Public Works CIP projects, including project presentations at public hearings and approval by Board of Supervisors • Fulfilling National Environmental Policy Act (NEPA) requirements for projects that may receive federal funding, such as from the Caltrans Office of Local Assistance • Assistance with strategic planning during the design of CIP projects occurring in and around sensitive environmental areas and/or regulatory agency jurisdiction Related services that WRA provides and may be helpful to the City include stormwater monitoring, permit compliance during construction, Stormwater Pollution Prevention Plan (SWPPP) development, biological mitigation procurement, design and monitoring, assistance with design of green landscape infrastructure, as well as park and trail design. WRA's proximity to City Public Works offices and long history of doing business within the City of San Rafael are also key attributes which make WRA an ideal candidate for the City's on-call list for environmental services. WRA recently completed an important intersection improvement project in the Las Gallinas neighborhood and has also worked successfully with the current Director of Public Works in his former role at the City of Pinole. awra Priv n � mrne� r.-�.�svn.rnr WRA 2 Statement of Qualifications City of San Rafael On -Call Environmental Services SECTION 2 - WRA FIRM PROFILE WRA provides complete environmental compliance services including California Environmental Quality Act/National Environmental Policy Act (CEQA/NEPA), resource agency permitting, stormwater and biological construction monitoring, and Stormwater Pollution Prevention Plan (SWPPP) development. WRA provides these services for a wide variety of public infrastructure projects throughout the state of California. Formed in 1981, WRA is a certified small business (OSBCR ref. #13333) with more than 70 professionals that has completed over 3,000 projects for public agencies, non-profit, and private organizations. WRA has a wide range of project experience throughout California in a variety of region - specific habitats. The firm has completed award-winning projects recognized by the American Society of Civil Engineering, Association of Environmental Professionals, California Water Environment Association, and American Society of Landscape Architects. WRA's professional and technical disciplines include: • CEQA/NEPA Analysis and Documentation • Caltrans Local Assistance Environmental Compliance • Aquatic Resources Permitting (Wetlands, Streams, Riparian, Marine Resources) • California Coastal Zone Biological Surveys & Permitting • Certified Arborist Services • Conservation & Mitigation Bank Planning & Design • GIS Analyses & Remote Sensing • Landscape Architecture and Restoration • Preserve Management & Conservation Planning • Rare & Endangered Plant & Wildlife Surveys, Assessment & Permitting • Trail & Open Space Design • Vegetation Mapping & Biological Inventories • Watershed Assessments & Planning • Wetland & Endangered Species Construction & Post -Construction Monitoring • Wetland & Stream Delineation & Functional Assessment With 35 years of consulting experience, WRA employs a practical and flexible approach to environmental compliance, balancing the needs of our clients with the requirements of local, regional, state, and federal resource agencies. We provide comprehensive assistance in identifying and acquiring all necessary permits for our clients, and in tracking and documenting compliance with all conditions of approval once the permits are obtained. We pride ourselves on our professional communication and responsiveness to our clients, facilitating understanding between parties of sometimes disparate goals. WRA is currently or has previously provided on-call contract environmental compliance services for the cities of American Canyon, Alameda, East Palo Alto, Burlingame, Hercules, Redwood City, South San Francisco, and San Mateo; the Town of Colma; counties of Marin, Contra Costa, Santa Clara, San Francisco, and San Ramon; and agencies including Caltrans District 4, East Bay Municipal Utilities District, and the Santa Clara Valley Transportation Authority. WRA prepares and manages environmental compliance documents for development and infrastructure projects in these jurisdictions, as well as providing and supporting biological resources work. swra EUM010AFMei CONSWarns WRA 3 Statement of Qualifications City of San Rafael On -Call Environmental Services SECTION 3 - STAFFING The table below summarizes the key staff proposed to work with the City under this on-call contract. Resumes for each individual are located in Appendix A of this SOQ. WRA will staff assignments with the key consultant staff identified, and may utilize additional WRA support staff as needed depending on the needs of the specific project. All of the key consultant staff identified will conduct work assignments from WRA's office in San Rafael, California, or from the City's office if needed to support Pubic Works staff. Justin Semion, PWS Geoff Reilly, AICP Dana Riggs Kate Allan Landscape Architect Giselle Goulette SWPPP Developer Mitigation Design owra EUVIROHI EUTAI r.0145WA!Ifs California Licensed Landscape Architect #5203 Qualified SWPPP Developer (QSD) 10 years of experience in environmental design and SWPPP services Certified Professional Wetland Scientist (#2072) PrincipalLCharge Permittingg Lead Member: Association of Environmental Professionals Biological Compliance Lead 17 years of experience managing environmental permitting projects for public and private clients Member: American Institute of Certified Planners, Association of Environmental Professionals, American Planning Association CEQAINEPA Project Manager Caltrans Local Assistance Training Certification 23 years of experience in the preparation and management of environmental review of CEQA and NEPA documents Wildlife Society Western Section Member Principal Biologist Transportation Worker Identification Credential (TWIC) 15 years of environmental consulting experience specializing in project management, wildlife ecology, and environmental policy California Department of Fish and Wildlife Scientific Collectors Wildlife Biologist Permit and MoU to live -trap salt marsh harvest mouse 9 years of experience in biological and regulatory protection of California's wildlife species Landscape Architect Giselle Goulette SWPPP Developer Mitigation Design owra EUVIROHI EUTAI r.0145WA!Ifs California Licensed Landscape Architect #5203 Qualified SWPPP Developer (QSD) 10 years of experience in environmental design and SWPPP services WRA 4 Statement of Qualifications City of San Rafael On -Call Environmental Services SECTION 4 - SAMPLE EXPERIENCE FOR LOCAL AGENCIES The table below provides and overview of the types of projects which WRA has worked on involving public infrastructure and public agency capital improvement projects. Additional details for a few select projects are included in Attachment B of this SOQ. City of San Rafael Manuel T. Freitas Parkway and Las Gallinas Avenue Intersection Las Gallinas Sanitary District Peacock Gap Lagoon, San Rafael Paradise Beach County Park, Marin County Open Space Marin County Flood Control District Flood Damage and Creek Management CIP Study Intersection Improvements CEQA and Permitting Solar Panel Installation Biological Services Water Quality Improvement Plan Water Quality Monitoring Park Master Plan Infrastructure Maintenance and Repair CEQA and Permitting Flood Control Enhancement Study Welland Restoration and Flood Control Path Maintenance Marin County Department of Public Works Mill Valley -Sausalito Pathway Preservation Project Caltrans NEPA Entitlements, CEQA, Biology and Permitting Marin County Flood Control Zone No. 3 Coyote Creek Sediment Removal Project Central Marin Ferry Terminal Connection, Larkspur, California Town of Fairfax Azaela Avenue Bridge Town of San Anselmo Bridge Preventive Maintenance Program City of East Palo Alto, Runnymede Storm Drain Improvement Project Silicon Valley Clean Water CIP Projects Pinole Hercules Water Pollution Control Plant Sunnyvale Baylands Pump Station #2 Improvements _,0)wra fh'+4OIit99M I_•V11-11i Flood Control Dredging CEQA and Permitting Ferry Terminal Bike and Pedestrian Connection Permit Compliance, Mitigation Design and Mitigation Monitoring Caltrans Local Assistance Bridge Replacement Project Caltrans NEPA Entitlements, CEQA and Permitting Caltrans Local Assistance Bridge Project Caltrans NEPA Entitlements, CEQA Bayside Storm Drain and Outfall Improvement CEQA, Biology, Permitting, and Permit Compliance Sanitary Sewer Conveyance Replacement Project Strategic Planning, Biology and Permitting Waste Treatment Plant Improvements BCDC Permitting Flood Basin Improvements and Pump Station Refurbishment Biology and Permitting WRA 5 Statement of Qualifications City of San Rafael On -Call Environmental Services SECTION 5 - REFERENCES The following table provides contact information for managers at public agencies who have worked directly with Justin Semion, the Principal in Charge of the proposed on-call contract. Liz Lewis, Planning Manager Marin County Dept. of Public Works (Various Projects) "(415)473-7226 Faranak Mandavi, County of Santa Clara Roads and Airport Department (408) 573-2478 Engineer - (Bridge Scour Biological Studies and Permitting) Teresa Hererra, Silicon Valley Clean Water (650) 832-6220 Assistant Plant Manager (Capital Improvement Planning, Biology and Permitting) _m]iwra 'MONME.Mt rut -1-111 SECTION 6 - BILLING RATES 2016 WRA 6 Statement of Qualifications City of San Rafael On -Call Environmental Services o3wra Er 10111,F"T.I COt:SUt: ar111 GOVERNMENT CLIENT RATE SCHEDULE Effective: January 1, 2016 PRINCIPALS Timothy DeGraff, Chief Executive Officer $255/HR Geoff Smick, President 200/HR Sherry Maloney, Chief Financial Officer 200/HR Michael Josselyn, Senior Wetland Scientist 215/HR Douglas Spicher, Senior Wetland Ecologist 198/HR Philip Greer, Senior Biologist 188/HR George Salvaggio, Senior Landscape Architect 183/HR Dana Riggs, Senior Wildlife Biologist 174/HR Justin Semion, Senior Aquatic Ecologist 174/HR Amanda McCarthy, Senior Plant Ecologist 183/HR ASSOCIATE PRINCIPALS 183-291/HR SENIOR ENVIRONMENTAL PLANNER 183/HR SENIOR ASSOCIATE 163-183/HR SENIOR ASSOCIATE/ GIS MANAGER 167/HR SENIOR ASSOCIATE MARKETING DIRECTOR 119/HR ASSOCIATE ENVIRONMENTAL PLANNER 146-153/HR ASSOCIATE LANDSCAPE ARCHITECT 143/HR ASSOCIATE 139/HR GIS PROFESSIONAL / GIS PROFESSIONAL II 123-142/HR CONSERVATION FINANCE MANAGER 153/HR LANDSCAPE ARCHITECT 132/HR ENVIRONMENTAL PLANNER 125/HR SCIENTIST 119/HR SENIOR GIS TECHNICIAN / SENIOR LANDSCAPE DESIGNER 114/HR SENIOR TECHNICIANS /ASSISTANT ENVIRONMENTAL PLANNER II 113-114/HR GIS TECHNICIAN / LANDSCAPE DESIGNER 103-104/HR TECHNICIAN /ASSISTANT ENVIRONMENTAL PLANNER 101-104/HR FIELD STAFF 75/HR CLERICAL 68/HR Subject to an annual rate adjustment Necessary project expenses are billed at cost plus 10%. 2169-G Eusl Francisco Blvd, Son Rafael VA 94901 415) 454 8868 te: (415) 454-0129 fox mlo®vua-ca corn wwwsna-ca com o)wra WRA 7 Statement of Qualifications City of San Rafael On -Call Environmental Services SECTION 7 - INSURANCE REQUIREMENTS WRA, Inc. carries the following minimum coverage: General Liability $1 million per occurrence and $2 million in aggregate; Professional Liability: $1 million per claim and $2million in aggregate; Workers' Compensation: Statutory/Employer's Liability $1 million per occurrence and aggregate; and Auto Liability, including non -owned and hired: $1 million combined single limit each accident. es)wra F'MR0111; F'11A1 f. 0115J11A1115 WRA 8 Statement of Qualifications City of San Rafael On -Call Environmental Services APPENDIX A - RESUMES awra �wra ENVIRONMENTAL CONSULTANTS Mr. Semion received his undergraduate training at the University of fAmitMichigan �`, School of Natural Resources and Environment (1998) and completed his graduate work at the Presidio Graduate School, completing a MBA in Sustainable Management in 2014. This background provides a unique set of skills and perspective combining environmental science with : business management skills focused on integrating the needs of the environment and society into the decisions of private and public r f organizations. Justin has worked at WRA since 2001 and during his time he has hundreds diverse managed of projects involving the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA), permitting, restoration and habitat management, habitat mitigation planning and monitoring, and essential fish habitat evaluation. His broad JUSTIN SEMION, MBA, environmental science expertise includes eelgrass and subtidal estuarine PWS habitats, wetland delineation, ecosystem functions and services evaluation, Principal, Aquatic Ecologist stream and riparian habitat assessments, rare and endangered species semionna.wra-ca.com surveys and evaluations, wildlife corridor evaluation, vegetation ecology, o: 415.454.8868 x1320 and fisheries ecology. c: 415.497.5664 In 2015, he became WRA's first Chief Technical Officer, responsible for overseeing the development of new and existing services His graduate Years of Experience: 15 work focused on environmental finance and researching the "business Educaion MBA Stustainable Management, Presidio case" for environmental conservation. He uses the skills gained in his Graduate School, 2014 graduate work to guide public and private organizations through risk assessments/valuations, stakeholder mapping, environmental negotiations, BS, Resource Ecology and Management, environmental measurement and financial decision making. University of Michigan, School of Natural Resources and Environment, 1998 Justin's experience with environmental permitting includes Bay Professional Affiliations/Certifs Conservation and Development Commission (BCDC) permits, Corps of Certified Professional Wetland Scientist Engineers Clean Water Act Section 404 permits, Endangered Species Act (#2072) Section 7 and Essential Fish Habitat consultations, Regional Water Quality Association of Environmental Professionals Control Board (RWQCB) Water Quality Certifications, California Department of Fish and Wildlife (CDFW) Streambed Alteration Special Recognitions/ Agreements, and San Francisco Bay Dredge Material Management Office Publications (DMMO) permits, as well as implementing permit compliance, mitigation Member, Port of San Francisco Waterfront and monitoring requirements of these permits. Plan Resilience Advisory Team Restoration Subcommittee Member, In 2015, Justin was invited by the Port of San Francisco to join their Subtidal Habitats Goals Project, California Waterfront Plan's Resilience Advisory Team. Coastal Conservancy Poster Presentation: Eelgrass Representative Projects Transplantation Methods, State of the Estuary Conference 2009, San Francisco Silicon Valley Clean Water Program Level Environmental Services, Estuary Institute Redwood City, California Specialized Training Silicon Valley Clean Water (SVCW) is a special district providing • Ecosystem Services Valuation, wastewater treatment to much of Silicon Valley. Mr. Semion manages International Society of Sustainability environmental permitting and environmental risk for SVCW, providing Professionals, January — April 2014. program management input for selection of design alternatives a range of • Section 7 Endangered Species Act waste treatmentr0 ects, permit strategy, p 1 gy, ecological best management Biological Assessment Workshop, U.S. Fish and Wildlife Service, June 2007 practices, and environmental compliance during construction. • San Francisco Bay Eelgrass Workshop. November 2006 San Rafael I San Diego I Fort Bragg I Denver (415) 454-8868 info(@wra-ca.com www.wra-ca.com JUSTIN SEMION Page 2 Exploratorium Relocation and NPDES Permitting, San Francisco, California The Exploratorium is children's science institution located in San Francisco, California, and relocated to Piers 15 and 17 along The Embarcadero on the San Francisco Waterfront. The relocation involved repair, replacement, and expansion of the existing piers, including pier support piles and decking. The project also included an innovative system that utilizes water pumped from San Francisco Bay to heat and cool the building, reducing the carbon footprint. The relocation of the museum required permits from the Corps, RWQCB, BCDC, consultation with NMFS for potential impacts to fish and marine mammals, and consultation with CDFW for Pacific herring. The heating and cooling system also required a new National Pollution Discharge Elimination System (NPDES) permit from the RWQCB. Justin obtained all of these required permits and oversaw permit compliance during construction of the piers and museum. County of Santa Clara, Bridge Scour Natural Environmental Studies, Santa Clara County, California Twelve bridge locations within Santa Clara County were identified by Caltrans as having critical abutment scour necessitating repair. The Santa Clara County Roads and Airports Department, with funding from Caltrans, is completing the repairs, working with the Caltrans Office of Local Assistance. Justin oversaw completion of a Natural Environment Study (Minimal Impact) (NES MI) for each bridge, as required by Caltrans, and obtained regulatory agency permits for the projects. He also oversaw permit compliance during project construction, including preparation of revegetation and monitoring plans, implementation of the plans, and post -construction monitoring. Stinson Beach County Water District: Water Treatment Plant Site Assessment and Panoramic Well Replacement IS/MND, Marin County, California The Stinson Beach County Water District serves the community of Stinson Beach in Marin County, California, with water and wastewater management services, drawing drinking water from a mixture of surface and groundwater sources. WRA has assisted the Water District with an array of capital improvement and repair projects over the course of seven years. Justin helped to obtain approval from Marin County for a Coastal Development Permit associated with the expansion of the District's water treatment plant. He also completed an Initial Study and Mitigated Negative Declaration (IS/MND) for the installation of a new groundwater extraction well. Completion of the IS/MND involved coordination with Marin County, local native tribes, as well as the California Coastal Commission. Old Canyon Road Bridge Scour Repair Biological Surveys and Permitting, Fremont, California The City of Fremont received funding from Caltrans to repair bridge scour at the Old Canyon Road Bridge located over Alameda Creek in Fremont, California. Alameda Creek is not currently an anadromous fish stream, but restoration will begin in 2014 to construct fish ladders and return anadromous steelhead to Alameda Creek. The Old Canyon Road Bridge currently presents a low -flow fish passage barrier due to the presence of poured concrete in the creek bed beneath the bridge. The bridge scour repair will remove the concrete and install rock protection around the bridge abutments. WRA prepared Caltrans biological resources documentation for the project and engaged with the National Marine Fisheries Service in a Technical Assistance for concurrence that the design would not be detrimental to fish passage once the downstream fish ladders had been completed WRA worked with the project engineers to assess potential fish passage issues at the bridge and to develop plans for fish passage that meet the National Marine Fisheries Service and California Department of Fish and Wildlife standards for fish passage. Mr. Semion was the project lead for WRA including attending meetings with stakeholder groups involved in the restoration of Alameda Creek, as well as overseeing preparation of environmental documentation and resource agency permit applications. San Rafael I San Diego I Fort Bragg I Denver (415) 454-8868 info@wra-ca.com www.wra-ca.com GEOFF REILLY, AICP, BA Senior Associate Environmental Planner reillvCa wra-ca.com o: 415.524-7461 Years of Experience: 24 Education BA Resource and Environmental Geography, Spanish Minor San Diego State University pk( ENVIRONMENTAL CONSULTANTS Geoff Reilly is a Senior Associate Environmental Planner at WRA, Inc. He has 24 years of experience in the preparation and management of environmental review documents pursuant to the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). He has a broad knowledge of environmental and regulatory issues that affect land development and has successfully managed the environmental review process for many complex and controversial projects. He has acted both as project manager and principal writer for a wide variety of projects, including residential subdivisions, commercial retail and office developments, mixed-use projects, institutions, recreational amenities, industrial facilities, solar, bridge replacements, and roadway improvements. Geoff has supervised the preparation of all types of CEQA and NEPA documents for both public and private sector clients, including initial studies, mitigated negative declarations, environmental assessments, EIRs, EISs, categorical exemptions and exclusions, constraints analyses, technical background reports, and third party review. He also has prepared many Program EIRs for Master Plans, Specific Plans and General Plan Updates throughout California. His responsibilities include marketing, client and subcontractor liaison, project budgeting and scheduling, QA/QC, and the presentation of environmental analyses, recommendations, and strategies at client meetings and public hearings. Representative Projects Professional Affiliations/ Certifications 25`h Avenue Sanitary Sewer Relief Line Project Initial Study, City of American Institute of Certified Planners San Mateo, California (AICP) Mr. Reilly managed the preparation of an Initial Study and Negative Declaration for a proposed sanitary sewer relief line along 25th Avenue in AssociationEnvironmental San Mateo. The need for the new relief sewer line was identified in the Professionalss (AEP) City's 2005 Citywide Sewer System Study. The City was also issued a American Planning Association (APA) Cease and Desist Order by the San Francisco Bay Regional Water Quality Control Board, which requires it to eliminate sanitary sewer overflows from 2013 NWETC NEPA Certification: being discharged into the storm drain system, surface waters, and ground Writing the Perfect EA/FONSI or EIS waters. 2013 Caltrans Local Assistance Training Certification Runnymede Storm Drain Improvement Project, City of East Palo Alto, California Specialized Training and WRA managed a team of consultants in support of a flood control/storm Presentations drain improvement project undertaken by the City of East Palo Alto along Annual AEP Advanced CEQA the margin of the San Francisco Bay. The project involves dredging an Workshops existing, unmaintained storm drainage channel and associated catchment 2012 Lorman Education Services basin. The water is then pumped into San Francisquito Creek, a tidally CEQA Presentation ("Completing the influenced creek that flows to the Bay. The channel and forebay support CEQA Process") tidal marsh habitat and associated endangered species such as Salt Marsh Harvest Mouse and California Clapper Rail. Mr. Reilly served as the project Fall 2012 AEP CEQA Basics Workshop manager for the Initial Study/Mitigated Negative Declaration which was Presentation recently adopted by the East Palo Alto City Council. San Rafael I San Diego I Fort Bragg I Denver (415) 454-8868 info(@wra-ca.com www.wra-ca.com GEOFF REILLY Page 2 City of Burlingame Storm Drain Capital Improvement Program The City of Burlingame is embarking on a large-scale storm drain capital improvement program for a variety of sites within the City. Many of the projects are related to abating flooding during storm events. WRA is working with EKI Consulting, the City's project manager, to address biological issues, permitting needs associated with the storm drain improvement program, compliance monitoring, and requirements of the California Environmental Quality Act (CEQA). Many of the proposed improvements relate to flooding of channelized creeks. By nature these features are sensitive and regulated by a variety of agencies including the Corps of Engineers, Regional Water Quality Control Board, and the Department of Fish and Wildlife. Given the City's location adjacent to San Francisco Bay, several of the project areas are also in close proximity to habitat for federal listed species such as salt marsh harvest mouse and California clapper rail. WRA biologists conducted baseline surveys to map sensitive habitats and address the potential for various sensitive species prior to project initiation. If environmental permits, CEQA services, or habitat mitigation are needed, WRA assists with these tasks as well. Mr. Reilly recently managed the preparation of the Initial Study/Mitigated Negative Declaration for Burlingame's Laguna Flood Control Project. Gilbert Avenue Roadway Extension Expanded Initial Study (ExIS), County of San Luis Obispo, California Mr. Reilly assisted the County of San Luis Obispo with the preparation of an EAS for the proposed extension of Gilbert Avenue, a residential street located in Cayucos, San Luis Obispo County. The proposed roadway extension project would allow for future development of parcels that are currently inaccessible. Issues analyzed in the EAS included: growth -inducing impacts, hillside stability, hydrology and aesthetics. Based on the conclusions of the EAS, the County determined that an EIR was required for the project. Town of Fairfax Bridge Rehabilitation and Replacement Projects, Fairfax, California Mr. Reilly is currently managing the preparation of various CEQA and NEPA documents for the following bridge projects in the Town of Fairfax: Bridge Preventive Maintenance Program (BPMP) for Spruce Road Bridge, Marin Drive Bridge, and Canyon Road Bridge; Meadow Way Bridge Replacement Project; and Creek Road Bridge Seismic Retrofit. WRA is assisting the project team with the preparation of a NEPA Categorical Exclusion and various technical studies for each project as well as a CEQA Initial Study/Mitigated Negative Declaration. Town of San Anselmo Safe Routes to Schools NEPA Categorical Exclusion Mr. Reilly served as project manager for the preparation of a Categorical Exclusion pursuant to the National Environmental Policy Act (NEPA) and Caltrans Local Assistance guidelines for San Anselmo's Safe Routes to Schools project The project consists of improvements to existing routes that will meet federal, state, county and Town requirements. All improvements must conform to Americans with Disabilities Act (ADA) requirements or provide a sound design exception. The design must also include street signing, striping and pavement markings, as needed. The various improvements will include: installing 1,000 feet of cable pedestrian safety barrier, 1,700 feet of new sidewalk, twenty (20) ADA -compliant curb ramps, thermoplastic, two (2) raised intersections, and reconfiguring an existing four-way traffic signal to split phase timing. County of Santa Clara East San Jose Pedestrian and Bicycle Improvements Project Mr. Reilly is currently managing the preparation of various technical reports pursuant to NEPA and Caltrans Local Assistance for this project overseen by the County's Roads and Airports Department The project involves providing a continuous ADA path of travel around the Alum Rock neighborhood in order to improve pedestrian and bicycle safety and access to transit stops and other land uses in the vicinity. Missing curb and gutters will be installed and rolled curbs will be replaced with vertical curbs and gutters. Where missing, five foot wide sidewalks will be installed from the right-of-way line towards the street. Narrower and heavily damaged sidewalks will also be replaced. San Rafael I San Diego I Fort Bragg I Denver (415) 454-8868 info0wra-ca.com www.wra-ca.com GEOFF REILLY Page 3 Hauser Bridge Road Bridge Replacement, Sonoma County, California Mr. Reilly is currently assisting Sonoma County with work needed to complete environmental documentation for the Hauser Bridge Project. This work includes the preparation of a National Environmental Policy Act (NEPA) Categorical Exclusion, a California Environmental Quality Act (CEQA) Initial Study/Mitigated Negative Declaration, a Biological Assessment and Natural Environment Study, completing applications to be submitted to various permitting agencies (ACOE, RWQCB, CDFG), and preparing project specific Cultural, Water Quality, and Visual Resources reports. City of Healdsburg General Plan Update EIR, City of Healdsburg, California Prior to joining WRA, Geoff served as Principal -in -Charge for the Healdsburg General Plan Update EIR. The Healdsburg General Plan is a comprehensive revision and update of the 1987 General Plan and consisted of updates to the Land Use, Economic Development, Transportation, Public Services, Natural Resources, Safety, Community Design, Historic and Cultural Resources, and Administration and Implementation Elements. These revisions included updating the General Plan planning background information, and changes to General Plan policies, General Plan land use designations, and the General Plan Land Use Map. Key issues included traffic/transportation, noise, cultural resources, hazards, solid waste, land use, water supply, sewer services, air quality, housing, and biological resources. Santa Rosa Downtown Street Furniture Palette Initial Study/Negative Declaration, Santa Rosa, California Geoff served as Project Manager for an Initial Study/Negative Declaration for the Santa Rosa Downtown Street Furniture Palette Project. In October 2007, the City of Santa Rosa adopted the Downtown Station Area Specific Plan. Centered on a proposed Sonoma Marin Area Rail Transit (SMART) station site and encompassing most of Santa Rosa's Downtown, the Specific Plan defines the framework for future development in the Plan area. A priority implementation step called for by the Specific Plan is the development of Street Furniture Palettes. The Specific Plan defines a "palette" as a group of predetermined specifications that will be applied along individual corridors or in individual subareas within the Specific Plan area. The Palettes will provide guidance for street furniture purchases in association with new development and capital improvement projects, and for purchases made by both the public and private sectors. The Specific Plan identified seven unique subareas within approximately 'h mile of the SMART station site. The two subareas for which Street Furniture Palettes are to be prepared at this time are the Courthouse Square and Railroad Square commercial districts. San Rafael I San Diego I Fort Bragg I Denver (415) 454-8868 infoPwra-ca.com www.wra-ca.com DANA RIGGS, BS Principal Biologist riggs(a)wra-ca.com o: 415.524.7482 c: 707.396.3373 Years of Experience: 15 Education BS Earth Systems, Science and Policy Emphasis: Coastal Ecology California State University Monterey Bay 2001 Professional Affrllationst Certifications CPR/Basic First Aid Certification Wildlife Society Western Section Transportation Worker Identification Credential (TWIC) Specialized Training • MAP Leadership Training • OSHA 40 -Hour • Statewide Ambient Monitoring Program (SWAMP) Training, 2010 • Section 7 Endangered Species Act Biological Assessment Workshop USFWS, 2009 • Pacific Salmonid Spawning Habitat Restoration Workshop, 2008. • California Anostraca and Notostraca Identification Class, 2004 • Northern California Reptiles and Amphibians Identification Class, 2002 sliwra ENVIRONMENTAL CONSULTANTS Ms. Riggs is a Principal Biologist at WRA and specializes in project management, wildlife ecology, and environmental policy. She has more than 15 years of environmental consulting experience and has directed and conducted a broad range of resource studies including: biological reconnaissance studies, special status species surveys, wildlife habitat and corridor studies, wetland and stream habitat assessment and monitoring, local and regional land management planning, NEPA and CEQA documentation, regulatory permitting, conservation banking, and environmental compliance for a variety of public and private sector clients. Ms. Riggs manages the wildlife and fisheries department work products and services. Ms. Riggs has managed various projects throughout California from the project planning level through permitting, construction, and post - construction monitoring. She is experienced in the application of programmatic biological opinions and negotiating and implementing associated mitigation and conservation measures with agency staff. She is also experienced permitting strategies and applications for Clean Water Act Section 404 Nationwide Permits, 401 Water Quality Certifications, Section 1600 Streambed Alteration Agreements, and Section 7 and 2081 Incidental Take permits. Ms. Riggs currently oversees teams of biological monitors for various environmental compliance projects located statewide and is responsible for coordinating field activities and overseeing work products. Representative Projects City of Newman, Prince Road Residential Subdivision Project Initial Study/Mitigated Negative Declaration, Newman, California Ms. Riggs is the principal in charge of preparing an Initial Study for a proposed residential subdivision in the City of Newman in southern Stanislaus County. The project proposes the subdivision of two parcels into sixty-three low density single-family residential lots, 4.5 acres of medium residential condos, a 1.75 acre park and necessary streets to access the lots. The proposed project would include the annexation of 19.45 acres of land located adjacent to the southern limits of the City of Newman. Coyote Valley Specific Plan, Biological Studies and CEQA Analysis, San Jose, California Ms. Riggs lead wildlife studies on the biological portion of a CEQA analysis for planning of the 3,500 -acre Coyote Valley Specific Plan in south San Jose. Ms. Riggs conducted a biological resources assessment, and other focused biological studies as part of the environmental analysis for this large housing and commercial development. Ms. Riggs participated in special status species protocol surveys for California red -legged frog, California tiger salamander (larval surveys) and western burrowing owl transect surveys and contributed findings from these surveys into the biological resources section of the Draft Environmental Impact Report for this project. San Rafael I San Diego I Denver I Fort Bragg (415) 454-8868 infoPwra-ca.com www.wra-ca.com DANA RIGGS Page 2 East Bay Municipal Utility District, Recoat Mokelumne Aqueduct Project, Bay -Delta, California The East Bay Municipal Utility District (EBMUD) Mokelumne Aqueduct Recoating Project Phase 8 will be conducted at four project sites located in San Joaquin and Contra Costa counties. Ms. Riggs was the principal in charge and project manager responsible for the project; she oversaw permitting application preparation and compliance, acted as contact point for United States Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) consultation, and oversees all biological monitoring during construction activities. All permit applications have been submitted to regulatory agencies and have been approved. USFWS and CDFW work windows for the project were negotiated to fit project constraints. Project activities and monitoring activities for giant garter snake, listed fish species, and Swainson's hawk was completed in 2013. Habitat mitigation monitoring was completed in 2014, more than 3 years ahead of schedule due to successful site management and agency cooperation. Arroyo Mocho Temporary Diversion Project, Livermore, California Ms. Riggs assisted with preparation of a Riparian Resources Management Plan for the Alameda County Flood Control and Water Conservation District (Zone 7) in accordance with conditions of the issued Streambed Alteration Agreement for the Arroyo Mocho Temporary Diversion Project. The plan included a riparian and wetland vegetation monitoring element, a bullfrog and other Exotics Management Element, and a California Red - legged Frog and other Natives Enhancement Element. Ms. Riggs provided adaptive management strategies for all elements of the plan, completed in January 2005. Bodega Bay Waterline Intertie Project, Bodega Bay, California The Bodega Bay Waterline Intertie project was completed in 2010 and involved the drilling and placement of an underground waterline through a coastal riparian and intermittent creek, Cheney Gulch in Sonoma County, California. Ms. Riggs was the project manager and lead biologist for the project. Ms. Riggs was responsible for overseeing project compliance with a USFWS Biological Opinion for California red -legged frog including pre - construction surveys, monitoring, and reporting. During the course of the project, an individual frog was detected in the vicinity of the project, but did not enter the project area and was not affected by project activities. Doherty Drive Improvement Project, Larkspur, California The City of Larkspur in Marin County sought to replace and upgrade five stormwater outfalls on Doherty Drive that drained into a tidal wetland along lower Larkspur Creek. Ms. Riggs has been the principal in charge acting as the City's biological consultant for wildlife species on the project, both as project manager and as the field leader for a variety of tasks. These tasks included California clapper rail surveys, avoidance measures and biological monitoring for listed species including the salt marsh harvest mouse, and supervising the removal of and care for vegetation sod pieces that were successfully returned to temporarily -impacted portions of the wetland following construction. The project was completed in compliance with relevant permits with no take of any special -status species. Contra Costa County Public Works Department, On -Call Biological Studies, Contra Costa County, California Ms. Riggs is the project manager responsible for on-call projects in conjunction with ongoing Public Works projects in Contra Costa County, primarily road widening and infrastructure projects. Ms. Riggs leads a team of wildlife biologists, botanists, and wetland delineators to perform construction monitoring, wetland delineations, wildlife habitat assessments, and rare plant surveys for various projects located within Contra Costa County. Ms. Riggs has been responsible for the submittal of Natural Environmental Studies and Biological Assessment Reports in association with these projects, and is experienced with the impact assessment and mitigation requirements for projects which fall under the Eastern Contra Costa Habitat Conservation Plan/Natural Communities Conservation Plan (ECCC HCP/NCCP). San Rafael I San Diego I Denver I Fort Bragg (415) 454-8868 info(@wra-ca.com www.wra-ca.com DANA RIGGS Page 3 San Joaquin Council of Governments, Multi -Species Habitat Conservation and Open Space Plan On -Call, San Joaquin County, California (2092— Present) WRA is contracted for on-call services related to the San Joaquin County Multi -Species Habitat Conservation and Open Space Plan (SJMSCP). Ms. Riggs is the principal in charge and oversees staff performing pre -construction surveys and recommended avoidance and minimization measures to ensure participants are in compliance with the SJMSCP. Wildlife species and habitats encountered as part of this work include burrowing owl, giant gartersnake, California tiger salamander, Swainson's hawk, and San Joaquin kit fox. Kirby Canyon Recycling and Disposal Facility (KCRDF) Mitigation Project, Santa Clara County, California The KCRDF is a functioning landfill in the South Bay that has required additional environmental permits to continue planned operations. Ms. Riggs has assisted with the development of the mitigation design and strategy for proposed on- and off-site mitigation features. Ms. Riggs was responsible for collecting data on benthic macroinvertebrates (BMI) and assessing BMI indices to identify potential restoration sites based on BMI indicators of disturbed conditions. This information was used to compare potential sites and identify those sites that would benefit the most from restoration efforts. Ms. Riggs also conducted California red -legged frog habitat assessments and surveys in support of conceptual plans for red -legged frog mitigation sites. Permits for this project have been received and construction plans are underway. San Rafael I San Diego I Denver I Fort Bragg (415) 454-8868 info(@wra-ca.com www.wra-ca.com 03wra ENVIRONMENTAL CONSULTANTS Kate Allan holds a M.S. degree in Biology with an emphasis in biological q oceanography from the University of California at San Diego, where she also received a B.S. degree in Ecology, Behavior and Evolution. As a graduate student, she conducted research on the effects of long-term climate change on biological communities in the Pacific Ocean. Prior to her arrival at WRA, Kate coordinated and led the long-term wildlife monitoring efforts of a Habitat Conservation Plan in Southern California, and she led tropical marine fisheries research efforts in Tanzania. With WRA, her primary responsibilities are to conduct surveys, habitat assessments, and associated biological assessment reports for special -status wildlife KATE ALLAN, MS species. Additionally, Kate conducts wetland delineations and CRAM Wildlife Biologist assessments and prepares technical reports, compliance documents, and allan d.wra-ca.com permit applications. o: 415.454.8868 x1310 c: 858.761.7961 Kate's primary focus is the biology and regulatory protection of California's wildlife species. She performs capture and release surveys of special -status Years of Experience:9 species including the salt marsh harvest mouse, coast horned lizard, orange -throated whiptail, coast patch -nosed snake, and northwestern San Education Diego pocket mouse. Kate also conducts protocol -level surveys of the BS Ecology, Behavior and Evolution, UC California clapper rail, California black rail, California red -legged frog, San Diego, 2005 California tiger salamander, and vernal pool tadpole shrimp, and she has MS Biology, UC San Diego, 2006 positively identified these species in the field. Her experience further includes surveys and assessments of wildlife habitat for the western Professional Affillations/Certiti'cations burrowing owl, San Joaquin kit fox, Pacific pond turtle, roosting bats, and US Fish and Wildlife Service 10(a)(1)(A) nesting birds. Recovery Permit No. TE -12511A-0 for the salt marsh harvest mouse California Department of Fish and Representative Projects Wildlife Scientific Collectors Permit and MoU to live -trap salt marsh harvest Silicon Valley Clean Water, Redwood City, California mouse The Wildlife Society, SF Bay Area Breuner Marsh Bay Trail and Habitat Restoration, Richmond, California Chapter Member Specialized Training Hercules Intermodal Transit Center, Hercules, California Bat Ecology and Field Techniques Runnymede Storm Drain Phase 11 Project and Repair of the O'connor Workshop, Society Western Section of the Pum Station Outfall Structure East Palo Alto California Wildlife Society p > Desert Tortoise: Intro to Surveying, Santa Clara County Bridge Scour Repair, Santa Clara County, Monitoring, and Handling Techniques California Workshop, 2012 Desert Tortoise Council San Joaquin Kit Fox Survey Workshop, 2010, Bay Area Chapter of the Wildlife South Butterfield Boulevard Extension, City of Morgan Hill, California Society Rare Pond Species Survey Techniques SDG&E Sunrise Powerlink Permitting, Mitigation Monitoring and Workshop, 2010, Sonoma State Biological Monitoring, San Diego and Imperial Counties, California University Tehachapi Renewable Transmission Project Bird Nest Monitoring— CRAM Ephemeral Streams Module Orange and Los Angeles Counties, California Training, 2010, Southern California Coastal Water Research Project San Rafael I San Diego I Fort Bragg I Denver (415) 454-8868 info(@wra-ca.com www.wra-ca.com GISELLE M. GOULETTE, MLA Landscape Architect aouleffe(@,wra-ca.com o: 415.454.8868 x1750 c: 510.529.1073 Years of Experience: 11 Education MLA, Utah State University 2001 BS, Botany, University of Wyoming 1998 63wra ENVIRONMENTAL CONSULTANTS Giselle Goulette received a Master of Landscape Architecture degree from Utah State University and a BS in Botany from the University of Wyoming. She is a Landscape Architect licensed in the State of California. Her responsibilities at WRA include project management, conceptual and final design for habitat restoration and open space projects, construction document preparation, construction administration, and coordination with the regulatory and wildlife staff at WRA to implement habitat restoration or mitigation goals. Giselle has developed conceptual design alternatives and final construction documents for park and trail projects. Giselle has experience in restoration of a broad range of habitat types, including freshwater wetland and seeps, tidal wetlands, riparian areas, coastal sage scrub areas, sensitive species breeding habitats, and native upland habitats. She is experienced in grading and planting design for habitat restoration and park projects. She has completed construction monitoring activities for a variety of habitat restoration projects, coordinating the implementation of the plans and providing inspection services. In addition, she has conducted schematic design and hydrologic feasibility studies for proposed aquatic habitats for achieving project approval. Representative Projects Professional Affiliations/ California State Parks, Yosemite Slough Marsh Restoration and Certifications Expansion of Candlestick State Park, San Francisco, California California Licensed Landscape Architect, #5203 Steamer Landing Park, Park Design and Tidal Marsh Restoration, Petaluma, California Qualified SWPPP Developer (QSD) Specialized Training American Horticultural Society National Children & Youth Garden Symposium July 2015 California Construction General Permit QSD/ QSP Training, January 2011 Construction Site Compliance for Water Quality Protection Workshop, San Francisco Bay Regional Water Quality Control Board, December 2009 Caltrans Certified Storm Water Pollution Prevention Plan (SWPPP) Training, August 2007 Erosion Control and Land Restoration, U.C. Davis Extension, October 2003 Sanitation Districts of Los Angeles County, Bixby Marsh Restoration and Public Access Project, Carson, California Sulphur Creek Stream Enhancement, Hayward Executive Airport, Hayward, California North Yreka Creek Greenway, Yreka, California Callippe Preserve Golf Course Wetland and Riparian Restoration, Pleasanton, California The Ranch on Silver Creek, San Jose, California Big Canyon Creek Restoration, Newport Beach, California Waldo Point Harbor, Sausalito, California Wilder Ranch Wetland and Riparian Mitigation, Orinda, California Habitat Restoration Workshop, U.C. Oyster Point Hook Ramp Wetland Mitigation, South San Francisco, Davis Extension, October 2003 California San Rafael i San Diego i Fort Bragg i Denver (415) 454-8868 info(@wra-ca.com www.wra-ca.com WRA 19 Statement of Qualifications City of San Rafael On -Call Environmental Services APPENDIX B - PROJECT DESCRIPTIONS owra EMV •O WITAI C01MOA111S I i f ENVIRONMENTAL CONSULTANTS TOWN OF SAN ANSELMO SAFE ROUTES TO SCHOOLS CEQA CATEGORICAL EXEMPTION AND CALTRANS LOCAL ASSISTANCE NEPA CATEGORICAL EXCLUSION L CONTACT Rich Souza, PE CSW/Stuber-Stroeh 45 Leveroni Court Novato, CA 94949 (415) 883-9850 richs@cswst2.com BUDGET $5,600 DATES 2015 GOALS o Meet the requirements of the National Environmental Policy Act (NEPA) and Caltrans Local Assistance Guidelines o Improve bicycle and pedestrian access and circulation PROJECT DESCRIPTION WRA is assisting the Town of San Anselmo with plans to enhance pedestrian safety at the following five locations: Sir Francis Drake Boulevard between Butterfield Road to Broadmoor Avenue, the neighborhood surrounding Lower Brookside Elementary School (The Alameda, Berkeley Avenue, Broadmoor Avenue), the Tarnal Avenue/San Francisco Boulevard intersection, San Francisco Boulevard neighborhood (Veterans Place, Los Angeles Avenue, Santa Cruz Avenue), and the neighborhood around Wade Thomas Elementary School (Barber Avenue, Entrata Avenue, Prospect Avenue. Work will include installation of a new sidewalk, curb, and gutter, raised intersections, pedestrian safety barrier, new crosswalks, widening of existing sidewalk, demolition of existing curb ramps, installation of curb ramps, tree removal, and re -striping of existing crosswalks in compliance with the Americans with Disabilities Act of 1990 (ADA). Existing traffic signals will be reconfigured for split -phase timing, and new signals, poles, and foundations may be installed. WRA is preparing a Categorical Exemption pursuant to the California Environmental Quality Act (CEQA), and a Categorical Exclusion pursuant to the National Environmental Policy Act (NEPA), and Caltrans Chapter 6 Local Assistance Procedures and standards. DELIVERABLES o NEPA Categorical Exclusion o CEQA Categorical Exemption KEY STAFF Justin Semion, Principal Geoff Reilly, Project Manager Jonathan Hidalgo, Environmental Planner 2169-G East Francisco Blvd., Son Rafael, CA 94901 (415) 454-8868 tel (415) 454-0129 fax info0wra-ca.com www.wra-ca.com ENVIRONMENTAL CONSULTANTS EAST SAN JOSE PEDESTRIAN AND BICYCLE IMPROVEMENTS PROJECT NEPA CATEGORICAL EXCLUSION WITH TECHNICAL STUDIES Wiwi VAL .vr. •T�.'. Ni Rug CONTACT County of Santa Clara Roads and Airports, Traffic Operations Division Stephen Au, Engineer 1505 Schallenberger Road San Jose, California, 95131 408-494-1343 Stephen.Au@rda sccgov.org BUDGET $37,360 DATES 2014-2015 GOALS o Meet the requirements of the National Environmental Policy Act (NEPA) and Caltrans Local Assistance Guidelines o Improve bicycle and pedestrian access and circulation PROJECT DESCRIPTION WRA is currently preparing various technical reports pursuant to NEPA and Caltrans Local Assistance for this project overseen by the County of Santa Clara Roads and Airports Department. The project involves providing a continuous ADA path of travel around the Alum Rock neighborhood in order to improve pedestrian and bicycle safety and access to transit stops and other land uses in the vicinity. Missing curb and gutters will be installed and rolled curbs will be replaced with vertical curbs and gutters. Where missing, five foot wide sidewalks will be installed from the right-of-way line towards the street. Narrower and heavily damaged sidewalks will also be replaced. DELIVERABLES o NEPA Categorical Exclusion o Biological Resources Assessment n Cultural Resources Assessment KEY STAFF Justin Semion, Principal Geoff Reilly, Project Manager Jonathan Hidalgo, Environmental Planner 2169-G East Francisco Blvd, San Rafael, CA 94901 (415) 454-8868 tel (415) 454-0129 fax info@wra-ca com www.wro-ca.com o' ojiwra 6FJVirez:NMFa ITAL CONSULTANTS ALAMEDA COUNTY, CALIFORNIA OLD CANYON ROAD BRIDGE SCOUR BIOLOGICAL STUDIES AND PERMITTING Old Canyon Road Bridge Existing low flow barrier CONTACT GOALS o Complete environmental review and permitting for repair of a bridge with critical abutment scour conditions. o Prepare Caltrans NES reports and Technical Assistance with NMFS. o Work with project engineers to incorporate design measures to facilitate fish passage at low flow and reduce impacts to stream channel. PROJECT DESCRIPTION WRA teamed with David J. Powers & Associates and Schaaf & Wheeler to complete the environmental review and permitting studies necessary to repair scour on a bridge across Alameda Creek in Fremont, California. Alameda Creek is not currently an anadromous fish stream, but restoration is anticipated to begin in 2014 to construct fish ladders and return anadromous steelhead to Alameda Creek. The Old Canyon Road Bridge currently presents a low -flow fish passage barrier due to the presence of poured concrete in the creek bed beneath the bridge. The bridge scour repair will remove the concrete and install rock protection around the bridge abutments. WRA prepared Caltrans biological resources documentation for the project and engaged with the National Marine Fisheries Service in a Technical Assistance for concurrence that the design would not be detrimental to fish passage once the downstream fish ladders had been completed. WRA worked with the project engineers to assess potential fish passage issues at the bridge and to develop plans for fish passage that meet the National Marine Fisheries Service and California Department of Fish and Wildlife standards for fish passage. Construction on this project is anticipated to begin in 2015 DELIVERABLES M. Eliza McNulty, P.E. o Natural Environment Study Schaaf & Wheeler Consulting Civil Engineers o Technical Assistance with NMFS 1171 Homestead Road o Permit applications for the Regional Water Quality Control Suite 255 Board, U.S. Army Corps of Engineers, and California Santa Clara, CA 95050 Department of Fish and Wildlife (415) 433-4848 BUDGET KEY STAFF $34,000 Justin Semion, Project Manager Daniel Chase, Fisheries and Wildlife Biologist 210^9 0 Eosl •r©ncisco 111,id.. San ftr�fael, CA' 94001 (418) 454-8868 lel (4 E5) 454 0129 tax iniodwro-ca.corn www.wro-co 0^m �Iiwra ENVIRONMENTAL CONSULTANTS SILICON VALLEY CLEAN WATER CONVEYANCE SYSTEM REPLACEMENT ENVIRONMENTAL REVIEW PERMITTING, AND PERMIT COMPLIANCE Inner Bair Island location of force main replacement Force main replacement tidal marsh slough crossing CONTACT Silicon Valley Clean Water Robert Donaldson Redwood City, California 510-504-2825 BUDGET GOALS o Waste treatment conveyance system replacement, including sections within San Francisco Bay o Alignment alternatives selection, permitting, biological resources studies, and permit compliance PROJECT DESCRIPTION Silicon Valley Clean Water (SVCW) provides wastewater treatment for much of the Silicon Valley. The primary force main that services SVCW's water treatment plant is being replaced as part of its Capital Improvements Program, including segments located in San Francisco Bay and on Bair Island, the site of ongoing tidal marsh restoration coordinated by the U.S. Fish & Wildlife Service (USFWS). Habitat surrounding portions of the force main has known populations of federally protected California clapper rail and salt marsh harvest mouse. During the preconstruction phase, WRA provided strategic support to project engineers during design, led the project team in obtaining environmental regulatory permits and provided biological resources support for environmental review under the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). WRA is also providing permit compliance services during project construction. Project permits and authorizations were obtained by WRA from the U.S. Army Corps of Engineers (Corps), California Department of Fish and Wildlife (CDFW), San Francisco Bay Conservation and Development Commission (BCDC), National Marine Fisheries Service (NMFS), and USFWS. The project is currently completing its first phase of construction, and WRA has provided permit compliance services on behalf of SVCW for the duration of construction, including biological monitoring during construction. The second phase of construction is anticipated to begin in the late summer of 2015, and WRA is currently providing necessary preconstruction surveys for that construction phase. DELIVERABLES o Project Permit Work Plan and Strategy o CEQA and NEPA Biological Resources Documentation o Project Regulatory Permits from the Corps, BCDC, RWQCB o Endangered Species Consultation with USFWS and NMFS o Permit Compliance during construction 0 KEY STAFF $250,000 Justin Semion, Principal -in -Charge Leslie Lazarotti, Biological Resources and Permitting 2169-G East Francisco Blvd., San Rafael, CA 94901 (415) 454-8868 tel (415) 454-0129 tax info@wra-ca.com www.wra-ca.com sliwra ENVIRONMENTAL CONSULTANTS 2169-G East Francisco Blvd., San Rafael, CA 94901 (415) 454-8868 tel (415) 454-0129 fax lnfo@wra-co,com www.wra-ca.com CITY OF SAN RAFAEL Request for Qualifications for On-call Environmental Services Mayor Gary Phillips Vice Mayor Kate Colin Councilmember Maribeth Bushey Councilmember John Ganiblin Councilmember Andrew McCullough 2125/2016 Exhibit B BACKGROUND The City of San Rafael wishes to enter into on-call Professional Service Agreements with a select number of firms capable of assisting the City deliver its capital improvement program, This request for qualifications (RFQ) was prepared to solicit and evaluate firms capable of assisting the city in the preparation of environmental documents, technical studies, and written reports to City Council. Anticipated services also include the ability to prepare and negotiate permits with the various state and federal resource agencies such as the Regional Water Quality Control Board, California Fish and Wildlife, and the United States Army Corps of Engineers. The successful firms will be those firms that demonstrate that they offer the best value for the City when measured by its technical knowledge, breath of experience, quality of staff and hourly rates SUBMITTAL REQUIREMENTS Submittals should be concise, single -sided 8%" x 11" pages with a font size no smaller than 12 point. The maximum number of pages per submittal is 16, not including resumes. • Enclose a cover letter describing the firm and its interest and commitment to perform the required services. The cover letter must also state that if selected the firm will be able to execute a contract in the exact form as attached. A person authorized by the firm to negotiate a contract shall sign the cover letter. o State the qualifications and experience of the firm and the individuals proposed for this project. o Provide the specific experiences in public works projects for local agencies. Provide at least three references —name and current phone number —for agency staff for whom your firm has provided similar services. • A list of hourly billing rates for each proposed team member, and the period of time for which those rates will apply. Billing rates shall include all direct and indirect labor expenses, transportation cost, cell phone, computer, pager and other such fees. U:10n-call Services%ivironmental ServiceARFQ for Environmental Services.doc - 2 - SUBMITTAL DEADLINE AND FORMAT On or Before March 15, 2016 at 4:30PM Three stapled, un -bound copies in sealed envelope(s), and One electronic copy uploaded onto a thumb/flash drive Delivered to: City of San Rafael Department of Public Works 111 Morphew Street San Rafael, CA Attention: Director of Public Works INSURANCE REQUIREMENTS: Professional Liability: $1M per occurrence, $2 aggregate Automotive Liability: $1 M combined. single limit Commercial General Liability: $1 M per occurrence ATTACHMENTS Standard City of San Rafael Professional Services Agreement WOn-call ServicesTrivironmental ServiceARFQ for Environmental Services.doc -3 - AGREEMENT FOR PROFESSIONAL SERVICES FOR This Agreement is made and entered into this day of , 20_, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and (hereinafter "CONTRACTOR"). WHEREAS; ._ WHEREAS, RECITALS AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. and A. CITY'S Projcct Manager. The _ is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreenient. B. CONTRACTOR'S Project Director. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. 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. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties and/or provide services as follows: 3. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as follows: d. COMPENSATION. For the Rill performance of the services described Herein by CONTRACTOR, CITY shall pay CONTRACTOR as follows: Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT. The term of this Agreement shall be for C___) year(s) commencing on and ending on . 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 (___) year(s). 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 sliall 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, sliall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. 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. S. 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 firlly 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, iwithout the prior written consent of tine other patty, 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, CONTRACTOR shall maintain, at no expense to CITY; the folloxving insurance policies: 1. A connrnnercial general liability insurance policy in the minimum anoint 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 tinder this Agreement, a professional liability insurance policy in the mininnum 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 CONTRACTOR's performance of services under this Agreement. Where CONTRACTOR is a professional not required to have a professional license, CITY reserves the right to require CONTRACTOR to provide professional liability insurance pursuant to this section. 4. 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. CONTRACTOR'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 CONTRACTOR in subparagraph A of this section above shall also meet the following requirements: I . Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 2. The additional insured coverage under CONTRACTOR'S insurance policies shall be primary 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 CONTRACTOR'S policies shall be at least as broad as ISO form CG -20 0104 13. 3, Except for professional liability insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. The insurance policies shall be specifically endorsed to provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) clays written notice to the PROJECT MANAGER. 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 elate 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 ni 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 un excess of the specified minimum insurance coverage requ.ireinents 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 iinsurance policy or proceeds available to the named insured; whichever is greater. C. Deductibles and SIR's. Any deductibles or self-insured retentions iii CONTRACTOR's insurance policies nliist 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 nanned insured or CITY or other additional insured pate. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or elllIllllated t0 CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT MANAGER oa'- 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 noliev 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 frons CONTRACTOR. Failure to exercise this right sliall 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. 1-1. INDEMNIFICATION. A. Except as otherwise provided in Paragraph B., CONTRACTOR 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, tine "City In denunitees"); 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 CONTRACTOR'S performance of its obligations or conduct of its operations under this Agreement. The CONTRACTOR's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Lndenunitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONTRACTOWs indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active inegligenice or willful misconduct. In addition, the acceptance or approval of the CONTRACTOR's work or work product by the CITY or any of its directors, officers of eniployees shall not relieve or reduce tine CONTRACTOR's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR'S performance of or operations under this Agreement, CONTRACTOR 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 clailins, B, Where the services to be provided by CONTRACTOR 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, CONTRACTOR shall, to tine fullest extent permitted by law, iindenunify, release, defend and hold harmless the City Indemnitees from and against any CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willfiil misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such CLAIM wlnicln is caused by the sole negligence of willfid misconduct of CITY. C. The defense and indeinnif cation 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 fill period of time allowed by law. 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. 13. 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, ordinances, codes or regulations. 14. 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. 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: City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 TO CONTRACTOR's Project Director: 1 G. 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 einployee of CITY. 17. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated l,y reference, represent the entire Agreement of tiles with respect to the subject matter of this Agreement. B. ' Tbis written Agreement shall supersede any and all prior agreements, oral or written, rcgarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement; sliall 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 Agreeihent 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 thus Agreement shall control. 18. 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 raider 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 bre 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 adminis(ration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE / OTI IER 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. CITY shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHERE, Or, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL CONTRACTOR 10 JIM SCHUTZ, City Manager Name: Title ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN, City Attorney Transmittal To: Dianne Mitchell Date: Subject: Dianne, RECH IED APR 2 5 2016 FUBLiC WORKS DEPT. CITY OF SAN RAFAEL From: i o3wra ENVIRONMENTAL CONSULTANTS Norma Wallace April 21, 2016 Agreement Please find enclosed three original signed agreements. Please return a fully executed agreement to my attention when available. Thank you very much, /nw WRA#26064 2169-G East Francisco Blvd., San Rafael, CA 94901 (415) 454-8868 tel (415) 454-0129 fax info®wra-co.com www.wro-co.com PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services aLyre ements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department Date 1 City Attorney Review, revise, and comment on draft agreement. '�% 7 6- 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). 4 City Attorney Review and approve form of agreement; bonds, and ' surance certificates and orsements. 5 City Manager / Mayor / or Agreement executed by Council uthorized Department Head official. 6 City Clerk City Clerk attests signatures, retains original agreement and forwards copies to the contracting department. rt To be completed by Contracting Department: Project Manager: `, kA-j!D .14,c a ks Project Name: ©v� —C�tl ( �►�vi �� � ��' ! �l Agendized for City Council Meeting of (if necessary): If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis.