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HomeMy WebLinkAboutPW Assessment District Administration FY2020-21AGREEMENT FOR PROFESSIONAL SERVICES FOR FY 2020-21 ADMINISTRATION OF BAYPOINT LAGOON ASSESSMENT DISTRICT, POINT SAN PEDRO MEDIAN ASSESSMENT DISTRICT, AND LOCH LOMOND MARINA COMMUNITY FACILITIES DISTRICT This Agreement is made and entered into this ( day of / "/Gt.%Z!X , 20020, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and CSW/STRUBER_STROEH ENGINEERING GROUP, INC. (hereinafter "CONSULTANT"). RECITAI N WHEREAS, the Baypoint Lagoon Landscaping and Lighting Assessment District, Point San Pedro Road Median Landscaping Assessment District, and the Loch Lomond #2 (Marina) Community Facilities District all require annual financial administration including the development of an Engineer's Report in the levying of the annual assessment; and WHEREAS, CONSULTANT has localized knowledge and expertise on assessment districts in San Rafael and has provided satisfactory financial oversight and administration in the past for the Baypoint Lagoon Assessment District and Loch Lomond Marina Community Facilities District; and WHEREAS, CITY and resident representatives of the Pt. San Pedro Road Coalition were supportive of seeking a local financial consultant of an equivalent cost, and therefore the City sought to contract financial services for the Point San Pedro Median Assessment District with CONSULTANT; WHEREAS, CONSULTANT has agreed to render such services. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: PROJECT COORDINATION. A. CITY'S Project Manager. The 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. CONSULTANT'S Project Director. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Al Cornwell is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of tlus Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONSULTANT shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONSULTANT. CONSULTANT shall perform the duties and/or provide services as described in CONSULTANT's proposals dated February 27, 2020, attached as Exhibits A, B, and C, hereto and incorporated herein. 3. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as described in the section called "Client to Provide" in each Exhibit A, B, and C, attached hereto. 4. COMPENSATION. For the full performance of the services described herein by CONSULTANT, CITY shall pay CONSULTANT on a time and expense basis at the rates set forth in the "Hourly Rates and Billing Policy, in each Exhibit A, B, and C, with a total contract amount not to exceed the following: FY 2019-20 Financial Administration Services Fee Baypoint Lagoon Landscaping and Lighting Assessment District $6,700 Loch Lomond #2 (Marina) Community Facilities District $5,050 Point San Pedro Road Median Landscaping Assessment District $10,000 r Total FY 2020-21 Fees $21,750 Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONSULTANT. TERM OF AGREEMENT. The term of this Agreement shall be for one (1) year commencing upon the date of execution of this agreement. Upon mutual agreement of the parties, and subject to the approval of the City Manager the term of this Agreement may be extended for an additional period of up to one (1) year. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. Revised 1/29/2020 C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONSULTANT and any and all of CONSULTANT's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONSULTANT in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. INSPECTION AND AUDIT. Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONSULTANT in connection with its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY or its agent in any such audit or inspection. 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 teen of this Agreement, CONSULTANT shall maintain, at no expense to CITY, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONSULTANT's performance of services under this Agreement. Revised P29.2020 Where CONSULTANT is a professional not required to have a professional license, CITY reserves the right to require CONSULTANT to provide professional liability insurance pursuant to this section. 4. If it employs any person, CONSULTANT shall maintain worker's compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. CONSULTANT's worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONSULTANT in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance or worker's compensation insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) under the policies. 2. The additional insured coverage under CONSULTANT'S insurance policies shall be "primary and noncontributory" with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CONSULTANT'S policies shall be at least as broad as ISO form CG20 0104 13. 3. Except for professional liability insurance or worker's compensation insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Agreement, CONSULTANT hereby grants to CITY a waiver of any right to subrogation which any insurer of CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. 5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. Revised 1/29/2020 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the CONSULTANT under this agreement. C. Deductibles and SIR's. Any deductibles or self-insured retentions in CONSULTANT's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONSULTANT shall provide to the PROJECT MANAGER or CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONSULTANT. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. 11. INDEMNIFICATION. A. Except as otherwise provided in Paragraph B., CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONSULTANT'S performance of its obligations or conduct of its operations under this Agreement. The CONSULTANT's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONSULTANT's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONSULTANT's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONSULTANT's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding Revised 1/29/2020 arising from CONSULTANT'S performance of or operations under this Agreement, CONSULTANT shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. B. Where the services to be provided by CONSULTANT under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil Code sections 2782, 2782.6 and 2782.8, CONSULTANT shall indemnify and hold harmless the CITY and its officers, officials, and employees (collectively City Indemnitees) from and against damages, liabilities or costs (including incidental damages. Court costs, reasonable attorney's fees as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in connection therewith and costs of investigation) to the extent they are caused by the negligence, recklessness, or willful misconduct of CONSULTANT, or any subconsultants, or subcontractor or anyone directly or indirectly employed by them, or anyone for whom they are legally liable (collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct of such City Indemnitee. C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 12. NONDISCRIMINATION. CONSULTANT shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS. CONSULTANT shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONSULTANT shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONSULTANT shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES. CITY and CONSULTANT do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. Revised 1/29/2020 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY's Project Manager: TO CONSULTANT's Project Director: 16. INDEPENDENT CONTRACTOR. Bill Guerin, Public Works Director City of San Rafael Department of Public Works 111 Morphew Street San Rafael, CA 94901 Al Cornwell CSWIStuber-Stroeh Engineering Group, Inc. 45 Leveroni Court Novato, CA 94949 For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONSULTANT and CITY expressly intend and agree that the status of CONSULTANT, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. Tlus written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONSULTANT and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONSULTANT and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. Revised 1.:29!2020 18. SET-OFF AGAINST DEBTS. CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT under this Agreement, any monies which CONSULTANT owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terns and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE / OTHER TAXES. CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code CONSULTANT shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONSULTANT has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 22. SURVIVAL OF TERMS. Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled and shall apply to both Parties' respective successors and assigns. 23. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 24. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed by electronic signature and in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one document. Revised 1/29/2020 Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL J SC UTZ, Ci"M ager ATTEST: N� Ar G . L. LINDSAY LARA, City Clerk APPROVED AS TO FORM: Qff? P—� ROBERT F. EPSTEIN, 'ity Att t ey Revised 1 19 1010 CONSULTANT J By: 1 Name:' Robert Stevens Title: President [If CONSULTANT is a corporation, add signature of second corporate officer] By: O� Name: Linda Schmid Title: CFO Exhibit A CSW ST2 CSW/Stuber-Stroeh Engineering Group Inc. Date: February 27, 2020 File: 4.900.00 Talia Smith Sent via Email: Talia.Smith(@cityofsanrafael.org Senior Management Analyst Department of Public Works City of San Rafael 111 Morphew Street San Rafael, Cil 94901 RE: BAYPOINT LAGOON — LIGHTING AND LANDSCAPE ASSESSMENT DISTRICT — ANNUAL ENGINEER'S REPORT Dear 'Talia: CSW/Stuber-Stroeh Engineering Group, Inc. (CSW I ST2) appreciates the opportunity to present our proposal for preparation of the Annual Engineer's Report for the Baypoint Lagoons Lighting and Landscape Assessment District. As you know, CSW I ST2 has consistently provided this service to the City of San Rafael for over 20 years, and we look forward to continuing our work on this project until the District expires. SCOPE OF SERVICES Specifically, CSW I ST2 will prepare the Annual Engineer's Report in accordance with the 1972 Landscape and Lighting Assessment District Act. Work will include: Part A. — Engineer's Report Text We will review available information provided by the City of San Rafael to create a text summary of the work performed during the past fiscal year, and the tasks anticipated and contemplated by the Baypoint Lagoons Homeowner's association. This information will be presented in text form. 2. Part B. — Financial Disclosure The revenue and expense information will be updated based on input from the City of San Rafael's Finance Department. The annual accounting will be updated and a projection of the next year's funds will be provided. Part E. — Property Owner's Roll — Mailing Information Using data from the Marin County Assessor's office, we will review each of the 193 parcels that fall within the bounds of the District limits to determine which properties P N5A 19uxml1)och020 2021V:'.=, A2020 02 27 6aypmm i ,goo. Binh-«•« R V,w Nopa.d ;4 90000) d,— CSN ST_ Talia Smith City of San Rafael February 27, 2020 Page 2 have transferred ownership since preparation of last year's Report. The roll will be updated with the new owner's name, mailing address, and other pertinent information. During this task, we will also review the property boundary lines as shown on the Assessor's Parcel Maps for each Page. If alterations are found (i.e., lot mergers, lot splits, lot line adjustments, or other changes), we will also update Parts C (Assessment Roll), D (Method of Assessment), and F (Assessment Diagrams) Meetings and consultation with City Staff to address property owners Several property owners in the District have raised questions regarding the District's ongoing necessity and viability. We anticipate meeting with the City and potential property owners up to 2 times and prepare appropriate background information that might be available to determine the answers to the questions raised. Upon completion of Tasks 1 through 3, above, assuming no changes need to be made to Parts C, D and F, we will generate eleven (6) copies of the completed document, including Assessment District diagrams for delivery to the City of San Rafael. Five (5) of the sets will be for City Council Review and, upon approval and issuance of the various Council Resolutions, the 6th copy will be returned to us, for our records. FEES As we have in the past, CSW I ST2 will provide the services described above on a time and expense basis, in accordance with our current Hourly Rates and Billing Policy, a copy of which is enclosed. Based on our history in preparing the Report, we expect the City will be invoiced approximately $6,700 for labor and materials. Invoices for services rendered will be issued on a monthly basis. Payment terms are net 30 days from the date of the invoice. Late payments are subject to interest charges at the rate of 18% per annum. Reimbursable costs for printing, supplies, agency submittal/ permit fees, travel and other miscellaneous or incidental expenses are included in the amount shown above. CLIENT TO PROVIDE In order for CSW I ST2 to prepare the Annual Engineer's Report as outlined in Scope of Services, above, the City shall provide the following items prior to commencement of work: Written Authorization to Proceed Executed Contract Complete Revenue and Expense data for F/Y 2019-2020, including District Account Balance for inclusion in Part B of Annual Report P \M\490W0WOC\21020 221\Cnnrr-5\2020 02 27 xa�pnmt L,qwn Binh -cors Raport Proposal (100000) ducx CSW ST2 Talia Smith City of San Rafael February 27, 2020 Page 3 SCHEDULE CSW I ST2 is prepared to begin work immediately after receiving the City's authorization to proceed with the work. Delivery of the Annual Report will follow receipt of the fully executed contract documents, revenue and expense data and account balances. We anticipate that it will take approximately two (2) weeks for research and report preparation. Providing that the work authorization is provided in a timely manner, the final copies of the Report will be delivered to the City of San Rafael no later than Friday, May 15, 2020 and we anticipate having the item heard on the June 15th and July 20`x' Council dates. If this proposal is acceptable, please forward your Professional Service Agreement documents to my attention for our review. If you have any questions or wish to modify the Scope of Services, please call/email me. CSW I ST2 provides services for a variety of agencies and clientele in this vicinity. To our knowledge, none present a conflict of interest to our serving on this project team. If you have specific concerns, please call and I will provide any additionally required information. Talia, thank you for considering CSW I ST2 to continue to work on the preparation of this Report. We look forward to working with you and your team. Sincerely, CSW/STUBER-STROEH ENGINEERING GROUP, INC. a4� VK�a �Z� a Al Cornwell Julia I-Iarberson R.C.E. #27577 RCE #76626 AGC:vg Enclosures P �Gt� 190W luor.\2020 202ncxnt—,< \2020 02 2714up,, t L,goon F. 11cp ,<< r« s,a (1900 ons docs 45 Leveroni Court 415.883.9850 Novato CSW ( Novato, CA 94949 Fax: 415.883.9835 Petaluma V r■ V www.cswst2.com Sacramento Redwood City CSWIStuber-Stroeh Engineering Group, Inc. Engsneers I _andPdanners I Surveyors I Landscape Architects WORK CONFIRMATION File Number: 4.900.00 Client No.: CITSAN Contact: Talia Smith CLIENT NAME: CITY OF SAN RAFAEL Phone: (415) 483-3354 Address: 11 lNlorphew Street Fax: (415) 485-3334 City, State, Zip: San Rafael, CA 94901 Email: Talis.Smtth(tyeityofsanrafael.org BILLING INFO. (If Different from Client): Bill to Name: CLIENT Attn: Address: Phone: City, State, Zip: Fax: PROJECT NAME: B.AYPOINT LAGOON .ASSESS\FENT Project :Address: Baypoint Lagoon Subdivision City: San Rafael Description of Work: Prepare .Annual Engineer's Report, per proposal letter dated February 27, 2030 (copy attached). Client Will Provide: Revenue and Expense Data, per proposal letter dated February 27, 3030 (copy attached). Client to be Provided With: Prepared .-Annual Engineer's Report, per proposal letter dated February 27, 2030 (copy attached). Other Comments: BILLING INFORMATION: Work will be Invoiced: Monthly: l Upon Completion: Fixed Fee: $ Budget Estimate: t $ 6,700.00 Billing Basis for Proposed Work (Check One): % Complete: I Iourly RatesT: t Other (Explain Below': Other Information: 'I-Iourly rates will be in conformity with Hourly Rates and Billing Policy Schedule, effective July 1, 3019, a copy of which is attached and made an integral part of this Agreement. This proposal is valid for 30 days from the date of the attached Proposal Letter. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this agreement upon the terms, conditions, and provisions above stated and on the attached CSW/Stuber-Stroeh Engineering Group, Inc. Contract Terms and Conditions. _Agreed to at Novato, California. CITY OF SAN RAFAEL CSW/STUBER-•STROEI I ENGINEERING GROUP, INC. By: By: Date: Date: Al Cornwell, R.0 k. #27577 PIC. Initials P 1t+r, 19[800\D0O,2020 2021\C­,1,csl%Xt,rk_ronh—;,o,n, 1'AK) 00) docx Date Prepared 2/27/2020 CSV ST2 CSWIStuber•Stroeh Engineering Group, Inc PROJECT NO.: 4.900.00 HOURLY RATES AND BILLING POLICY Effective July 1, 2019 the following hourly rates will be charged for services rendered. (Rates subject to change): CIVIL ENGINEERING HOURLY RATES Principal $205.00-$235.00 Sr. Project Manager $ 205.00 Project Manager $ 193.00 Project Engineer III $ 175.00 Engineer III $ 161.00 Engineer II $ 148.00 Engineer I $ 110.00 Senior Designer S 186.00 Designer III S 161.00 Designer II S 148.00 Designer I $ 110.00 Technician III $ 161.00 Technician II $ 148.00 Technician I $ 100.00 Project Coordinator/ Office Manager $ 120.00 Project Assistant II $ 88.00 Project Assistant I S 77.00 SURVEYING HOURLY RATES Land Surveyor/Project Manager $ 175.00 Project Surveyor $ 175.00 Survey Technician II $ 128.00 Survey Technician I S 100.00 Two -Man Survey Party $ 275.00 Expert Witness / Arbitration Services are available at a negotiated rate. All expenses for transportation will be charged at cost plus service charges at the rate of 10%. Filing fees, checking fees, prints, and other outride costs (such as agency submittal/permit fees etc.) will be charged at cost, plus service charges at the rate of 10%. Billing will be monthly. Invoices are due and payable upon presentation. Interest at the rate of 1.5% per month commencing thirty (30) days after invoice date will be charged on delinquent accounts. CSW/Stuber Stroeh Engineering Group, Inc. reserves the right to suspend work on any project when invoices have not been paid within thirty (30) days after having been rendered. Client Initials Consultant Initials CSW ST2 CSW/Stuber•Stroeh Engineering Group, Inc. Date: February 27, 2020 File: 4.1161.24 Ms. Talia Smith Senior Management Analyst Department of Public Works City of San Rafael 111 Morphew Street San Rafael, CA 94901 Exhibit B Sent via Email: Talia.Smith@cityofsanrafael.org RE: COMMUNITY FACILITIES DISTRICT LOCH LOMOND #2 —ANNUAL ENGINEER'S REPORT Dear 'Talia: As per our discussion, CSW/Stuber-Stroeh Engineering Group, Inc. (CSW I ST2) appreciates the opportunity to present our proposal for preparation of the Annual Engineer's Report for the Community Facility District Loch Lomond #2. The following comprises our scope of services, schedule, and fees. SCOPE OF SERVICES Specifically, CSW I ST2 will prepare the Annual Engineer's Report in accordance with the Mello -Roos Community Facilities Act of 1982. Work will include: Part A. — Engineer's Report Text We will prepare the initial Engineer's Report Narrative briefly describing the District and summarizing the activities and expenditures for the first year. This information will be presented in text form. 2. Part B. — Financial Disclosure The revenue and expense information for the first year will be tabulated and based on input from the City of San Rafael's Finance Department. The annual accounting will be stated and a projection of the next year's expenditures and revenue will be provided. 3. Part E. — Property Owner's Roll — Mailing Information Using data from the Marin County Assessor's office, we will review each of the 104 parcels that fall within the bounds of the District limits to determine the ownership of each parcel. An Assessment Roll will be created with each owner's name, mailing address, and other pertinent information. P VM�4116131\[)OCN2ll?U2021 Annual I. nonccis Rt,pon�C. tra[I \2020112 27 (.nmmunn\' 1',IcIIiICS 1hSMU I.nCII Lomond 42 1'm nnc s Rcpnn Prop -A (J 1161 2 1) dncx CSI ST2 Talia Smith City of San Rafael February 27, 2020 Page 2 Upon completion of Tasks 1 through 3, above, assuming no changes need to be made to Parts C, D and F, we will publish six (6) copies of the completed document, including Assessment District diagrams for delivery to the City of San Rafael. Five (5) of the sets will be for City Council Review and, upon approval and issuance of the various Council Resolutions, the 6th copy will be returned to us, for our records. FEES As we have in the past, CSW I ST2 will provide the services described above on a time and expense basis, in accordance with our current Hourly Rates and Billing Policy, a copy of which is enclosed. Based on our history in preparing the Report, we expect the City will be invoiced approximately $5,050 for labor and materials. Invoices for services rendered will be issued on a monthly basis. Payment terms are net 30 days from the date of the invoice. Late payments are subject to interest charges at the rate of 18% per annum. Reimbursable costs for printing, supplies, agency submittal/permit fees, travel and other miscellaneous or incidental expenses are included in the amount shown above. CLIENT TO PROVIDE In order for CSW I ST2 to prepare the Annual Engineer's Report as outlined in Scope of Services, above, the City shall provide the following items prior to commencement of work: Written Authorization to Proceed Executed Contract Complete Revenue and Expense data for F/Y 2019-2020, including District Account Balance for inclusion in Part B of Annual Report SCHEDULE CSW I ST2 is prepared to begin work immediately after receiving the City's Authorization to Proceed with the Work. Delivery of the Annual Report will follow receipt of the fully executed contract documents, revenue and expense data and account balances. We anticipate that it will take approximately two (2) weeks for research and report preparation. Providing that the work authorization is provided in a timely manner, the final copies of the Report will be delivered to the City of San Rafael no later than Friday, May 15, 2020 and we anticipate having the item heard on the June 15th and July 20" Council dates. If this proposal is acceptable, please forward your Professional Service Agreement documents to my attention for our review. V 11}n -n 161211 Dog2020 2021 \nnual 1=nh necr's Rep,,n\l;-traces\212() l2 27 Cnmmunnp Paula- District Lodz Lomond !t2 pnpncers Rcpnv Proposal (11161 14) d— CSW sT_ Talia Smith City of San Rafael February 27, 2020 Page 3 If you have any questions or wish to modify the Scope of Services, please call/email me. CSV I ST2 provides services for a variety of agencies and clientele in this vicinity. To our knowledge, none present a conflict of interest to our serving on this project team. If you have specific concerns, please call and I will provide any additionally required information. Talia, thank you for considering CSW I ST2 to continue to work on the preparation of this Report. We look forward to working with you and your team. Sincerely, CSW/STUBER-STROEH ENGINEERING GROUP, INC. a4� K% a d. Atek�� Al Cornwell Julia Harberson R.C.E. #27577 RCE #76626 AGC:vg Enclosures 1'\("\411612 IN UOC\20220 2021 Annual I'nl, ncer's Rcpart V:m, a IIN211711 02 27 Cummunim 14—ht s Uestnet Loch Lomond 42 linh-- fltp— Proposal [1 1161 211 docx Exhibit C CSW Sgt CSWIStuber-Stroeh Engineering Group, Inc. Date: February 27, 2020 File: 2019-10-018 Ms. Talia Smith Sent via Email: Talia.Smith@cityofsanrafael.org Senior Management Analyst Department of Public Works City of San Rafael 111 Morphew Street San Rafael, CA 94901 RE: PT. SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT — ANNUAL ENGINEER'S REPORT Dear Talia: CSW/Stuber-Stroeh Engineering Group, Inc. (CSW I ST2) appreciates the opportunity to present our proposal to prepare the Annual Engineer's Report for the Pt. San Pedro Road Median Landscaping Assessment District continuing our efforts from last year. The following comprises our scope of services, schedule, and fees. SCOPE OF SERVICES Specifically, CSW I ST2 will prepare the Annual Engineer's Report in accordance with the Landscape and Lighting Act of 1972 and appropriate sections of the Improvement Bond Act of 1915 as might be relevant. Work will include: Part A. — Engineer's Report Text We will prepare the initial Engineer's Report Narrative briefly describing the District and summarizing the activities and expenditures for the current year. This information will be presented in text form. 2. Part B. — Financial Disclosure The revenue and expense information for the year will be tabulated and based on input from the City of San Rafael's Finance and Public Works Departments. The annual accounting will be stated and a projection of the next year's expenditures and revenue will be provided. Part C. — Assessment Roll We will include the Assessment Roll showing the Special Assessment number, amount of Assessment, Property Description, and Assessor's Parcel Number. The Assessment Roll will show all parcels P \Pro1ects\2017 10 0 1 H Pt San 1'ed® Rd Assessment D.--\UOC\I(N)-ldmmut,annnl101 Propnna1\2020 2021\2020 02 27 Pt San Pedro Road Meclan Landscaping %—sment Uistmt ling nccrs Repo¢ Pmp,e 1 (21117 10 DIN) d1— CSW ST2 Talia Smith City of San Rafael February 27, 2020 Page 2 including parcels with zero assessment. The Roll will be updated to reflect the current owners as of the latest data available from the County Assessor's office 4. Part D. — Rate and Method of Apportionment Using the information from the District formation (and included in the prior years' Annual Report; we will reference the Method of Apportionment for and verify with the City staff that it remains appropriate. Part E. — Assessment Diagram The Assessment Diagram that Wildan Prepared as part of the District's formation will be included in the report by reference or as a direct copy within the body of the report. Meetings and Coordination CSW I ST2 will collaborate with City Staff to obtain the information required by the Annual Report, attend a working meeting and provide telephone discussions to check and confirm the accuracy of the report. We will attend City Council meeting setting the annual public hearing and one Council meeting for the public hearing. Upon completion of Tasks 1 through 6, above, we will publish six (6) copies of the completed document, including Assessment District diagrams for delivery to the City of San Rafael. Five (5) of the sets will be for City Council Review and, upon approval and issuance of the various Council Resolutions, the 6th copy will be returned to us, for our records. FEES CSW I ST2 will provide the services described above on a time and expense basis, in accordance with our current Hourly Rates and Billing Policy, a copy of which is enclosed. Based on our history in preparing such reports, we expect the City will be invoiced approximately $10,000 to accomplish this work. Invoices for services rendered will be issued on a monthly basis. Payment terms are net 30 days from the date of the invoice. Late payments are subject to interest charges at the rate of 18% per annum. Reimbursable costs for printing, supplies, agency submittal permit fees, travel and other miscellaneous or incidental expenses are included in the amount shown above. CLIENT TO PROVIDE In order for CSW I ST2 to prepare the Annual Engineer's Report as outlined in Scope of Services, above, the City shall provide the following items prior to commencement of work: V 1Prn1ccts %2009 Ill 018 Ili San Pcdrn Rd As—smcnt U4t-t'..00( \IW \dmunsi-.on\ 101 P.qx sal\211211 20221\22020 02 27 Pt San Pcdm Ito ad \Icdaan Landscaping \sscssmcnt Ulstncr Lnpnters Ilcpon P - P-1 ?017 10 0IB) dncx CSW ST Talia Smith City of San Rafael February 27, 2020 Page 3 Written Authorization to Proceed Executed Contract Complete Revenue and Expense data for F/Y 2019-2020, including District Account Balance for inclusion in Part B of Annual Report SCHEDULE CSW I ST2 is prepared to begin work immediately after receiving the City's authorization to proceed with the work. Delivery of the Annual Report will follow receipt of the fully executed contract documents, revenue and expense data and account balances. We anticipate that it will take approximately sir- (6) weeks for research and report preparation. Providing that the work authorization is provided in a timely manner, the final copies of the Report will be delivered to the City of San Rafael no later than Friday, May 15, 2020 and we anticipate having the item heard on the June 15th and July 20"' Council dates. If this proposal is acceptable, please forward your Professional Service Agreement documents to my attention for our review. If you have any questions or wish to modify the Scope of Services, please call/email me. CSW I ST2 provides services for a variety of agencies and clientele in this vicinity. To our knowledge, none present a conflict of interest to our serving on this project team. If you have specific concerns, please call and I will provide any additionally required information. Talia, thank you for considering CSW I ST2 to continue to work on the preparation of this Report. We look forward to working with you and your team. Sincerely, CSW/STUBER-STROEH ENGINEERING GROUP, INC. Al Cornwell Julia IIarberson R.C.E. #27577 RCE #76626 AGC: -,,g Enclosures I' \I'rniects�2019 10 0 1 H 1't ]an Pedro Rd Assessmeru District\DOCK 100 -ldrrmts—non1101 Prupusa1\2020 2021\2020 00_2227 1't fan Pedro R -d \IcLhan Landscepmg Assessment District lin}, racers Repan 11ropusal (2111 9 10 01H) docs 45 Leveroni Court 415.883.9850 Berkeley CSWCSW(Novato, CA 94949 Fax 415.883.9835 Novato V www.cswst2.com Petaluma Pleasanton Sacramento Redwood City CSW/Stuber-Stroeh Engineering Group, Inc. Engineers I Land Planners I Surveyors I Landscape Architects WORK CONFIRMATION File Number: 2018 10-018 Client No.: CITSAN Contact: Talia Smith CLIENT NAME: CITY OF SAN RAFAEL Phone: (415) 485-3354 Address: 111 Nlorphew Street Fax (415) 485-3334 City, State, Zip: San Rafael, CA 94901 Email: Talia.Srnith@ cityofsanrafacl.org BILLING INFO. (If Different from Client): Bill to Name: CLIENT Attn: Address: Phone: City, State, Zip: Fax: PROJECT NAME: PT SAN PEDRO ROAD NIEDI.AN LANDSCAPING DISTRICT ANNUAL ENGINEER'S REPORT Project Address: Pt. San Pedro Rd and Third Street east of Union Street City: San Rafael Description of Work: Prepare Annual Engineer's Report, per proposal letter dated February 27, 2020 (copy attached). Client Will Provide: Revenue and Expense Data, per proposal letter dated February 27, 2020 (copy attached). Client to be Provided With: Prepared .-Annual Engineer's Report, per proposal letter dated February 27, 2020 (copy attached). Other Comments: BILLING INFORMATION: Work will be Invoiced: Monthly: t Upon Completion: Fixed Fee: $ Budget Estimate: t $ 10,000.00 Billing Basis for Proposed Work (Check One): 'o Complete: Hourly Rates`: l Other (Explain Below): Other Information: `hourly rates will be in conformity with Hourly Rates and Billing Policy Schedule, effective July 1, 2019, a copy of which is attached and made an integral part of this .Agreement. This proposal is valid for 30 days from the date of the attached Proposal Letter. IN WITNESS XXTIEREOF, the parties hereto have accepted, made and executed this agreement upon the terms, conditions, and provisions above stated and on the attached CSW/Stuber-Stroeh Engineering Group, Inc. Contract Terms and Conditions. Agreed to at Novato, California. CITY OF SAN RAFAEL CSW/STUBER-STROEI-I ENGINEERING GROUP, INC. By: By: Date: Date: Al Cornwell, IU -F. #27577 PIC, Intuah P-\Pro1ects\2017 10 01H I't San Pedro Rd Assessment Disu¢t\DOC\ 100 Admanistranon\ 101 Prop -1\2020 2121\\fork Cnnfirmanvn 12019 10 01H) docs Date Prepared 2/27/2020 CSW ST2 CSWIStuber-Stroeh Engineering Group, Inc. PROJECT NO.: 2019-10-018 HOURLY RATES AND BILLING POLICY Effective July 1, 2019 the following hourly rates will be charged for services rendered. (Rates subject to change): CIVIL ENGINEERING HOURLY RATES Principal $205.00-S235.00 Sr. Project Manager S 205.00 Project Manager S 193.00 Project Engineer III $ 175.00 Engineer III $ 161.00 Engineer II $ 148.00 Engineer I S 110.00 Senior Designer $ 186.00 Designer III $ 161.00 Designer II $ 148.00 Designer I $ 110.00 Technician III $ 161.00 Technician II S 148.00 Technician 1 S 100.00 Project Coordinator/ Office Manager $ 120.00 Project Assistant II $ 88.00 Project Assistant I $ 77.00 SURVEYING HOURLY RATES Land Surveyor/Project Manager $ 175.00 Project Surveyor $ 175.00 Survey Technician II $ 128.00 Survey Technician I $ 100.00 Two -Man Survey Party $ 275.00 Expert Witness / Arbitration Services are available at a negotiated rate. All expenses for transportation will be charged at cost plus service charges at the rate of 10%. Filing fees, checking fees, prints, and other outride costs (such as agency submittal/permit fees etc.) will be charged at cost, plus service charges at the rate of 10%. Billing will be monthly. Invoices are due and payable upon presentation. Interest at the rate of 1.5% per month commencing thirty (30) days after invoice date will be charged on delinquent accounts. CS\X'/Stuber-Stroeh Engineering Group, Inc. reserves the right to suspend work on any project when invoices have not been paid within thirty (30) days after having been rendered. Client Initials Consultant Initials �P,� RA F��l s z � yij0 /TYV'ITH F'�'h CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Bill Guerin Extension: 3110 Contractor Name: CSW/STRUBER_STROEH ENGINEERING GROUP, INC. Contractor's Contact: Al Cornwell Contact's Email: acornwell@cswst2.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to ❑ ether :a date. b. Email contract (in Word) and attachments to City 3/3/2020 Attorney c/o Laraine.Gittens@cityofsanrafael.org ❑x IK 2 City Attorney a. Review, revise, and comment on draft agreement 3/12/2020 ❑x LG and return to Project Manager 3/12/2020 © LG b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Department Director Approval of final agreement form to send to 3/13/2020 ❑x BG contractor 4 Project Manager Forward three (3) originals of final agreement to 3/16/2020 ®IK contractor for their signature 5 Project Manager When necessary, contractor -signed agreement ❑x N/A agendized for City Council approval * *City Council approval required for Professional Services ❑X IK Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to Date of City Council approval enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed 4e-) agreement 3/2-4 8 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) 9 City Manager/ Mayor Agreement executed by City Council authorized j1 official 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager