HomeMy WebLinkAboutPW Assessment District Administration FY2021-22AGREEMENT FOR PROFESSIONAL SERVICES
FOR FY 2021-22 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 J' day of %% , 20; , by
and between the CITY OF SAN RAFAEL (hereinafter "CITY"), anJ CSW/STRUBER-STROEH
ENGINEERING GROUP, INC. (hereinafter "CONSULTANT").
RECITALS
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 seeks
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:
1. 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 this
Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONSULTANT shall
notify the CITY within ten (10) business days of the substitution.
2. DUTIES OF CONSULT
CONSULTANT shall perform the duties and/or provide services as described in
CONSULTANT's proposals dated March 8, 2021, 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 "Fees" in each Exhibit A, B, and C.
4. COMPENSATION.
For the full perfonnance 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 2021-22 Financial
Administration Services Fee
Baypoint Lagoon Landsca:)ing and Lighting Assessment District $6,8_00
Loch Lomond #2 (Marina) Community Facilities District $5,900
Point San Pedro Road Median Landscaping Assessment District $10,300
Total FY 2021-22 Fees $23,000
Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices
submitted by CONSULTANT.
5. TERM OF AGREEMENT.
The term of this Agreement shall be for one (1) year commencing upon the date of execution
of this agreement.
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 tenninate 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 tennination, to the reasonable satisfaction of the party giving such notice,
within such fifteen (15) day time period.
Revised 112912020
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.
S. 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 term of this Agreement, CONSULTANT shall
maintain, at no expense to CITY, the following insurance policies:
1. A commercial general liability insurance policy in the minimum amount of
one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death,
bodily injury, personal injury, or property damage.
2. An automobile liability (owned, non -owned, and hired vehicles) insurance
policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence.
3. If any licensed professional performs any of the services required to be
performed under this Agreement, a professional liability insurance policy in the minimum amount of
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.
Where CONSULTANT is a professional not required to have a professional license, CITY reserves
Revised 1/29/2020
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 tennination
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
arising from CONSULTANT'S performance of or operations under this Agreement,
Revised 1/29/2020
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 perfonnance 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 hannless 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 teens 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
I l I 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. This written Agreement shall supersede any and all prior agreements, oral or written,
regarding the subject matter between the CONSULTANT and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the subject
matter of this Agreement, shall be valid or binding, except by way of a written amendment to this
Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified except
by a written amendment to this Agreement signed by the CONSULTANT and the CITY.
E. If any conflicts arise between the terms and conditions of this Agreement, and the
terms and conditions of the attached exhibits or the documents expressly incorporated by reference,
the ten -ns 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. WAVERS.
The waiver by either party of any breach or violation of any teen, covenant or condition of
this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any
other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation
of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent
acceptance by either party of any fee, performance, or other consideration which may become due or
owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation
by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance
or regulation.
20. COSTS AND ATTORNEY'S FEES.
The prevailing party in any action brought to enforce the terms and conditions of this
Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs
(including claims administration) and attorney's fees expended in connection with such action.
21. CITY BUSINESS LICENSE / OTHER TAXES.
CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY
business license as required by the San Rafael Municipal Code CONSULTANT shall pay any and
all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any
work performed under this Agreement, until CONSULTANT has provided CITY with a completed
Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification).
22. SURVIVAL OF TERMS.
Any ten -ns of this Agreement that by their nature extend beyond the tenn (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
ATTEST:
/ - /V'41(11�-
r LINDSAY LARA, City Clerk
APPROVED AS TO FORM:
�� - a J--,
i„ROBERT F. EPSTEIN, City ttorney
Revised 1/29/2020
CONSULTANT
By:
Name: Robert Stevens
Title: President/CEO
[If CONSULTANT is a corporation, add signature of
second corporate officer]
By:
Name: Linda Schmid
Title: CFO
CSW ST2
OSWIStuber-Stroeh Engineering Group, Inc.
Date: March 8, 2021
File: 4.900.00
Talia Smith
Senior Management Analyst
Department of Public Works
City of San Rafael
111 Morphew Street
San Rafael, CA 94901
Exhibit A
Sent via Email: Talia.Smith(ci),cityofsanrafael.org
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 1 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.
3. 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
1-:V1 I \-V)00()0\1)0C\2021 2022\Contacts 2021 03 08 liaypamt Lagoon Flip een ltcport Proposal (J 900.00).doc.
CSW ST2
Talia Smith
City of San Rafael
March 8, 2021
Page 2
have transferred ownership since preparation of last year's Report. The rollwill 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 (1/Iethod of Assessment), and F (Assessment Diagrams)
4. 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 $6,800 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! 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 2021-2022, including District
Account Balance for inclusion in Part B of Annual Report
RVM\470000\DOC\2021 21111\Comraets\21121.03-08 B.typouv Lap- Egpneers Report Proposal (4.900.011) docs
CSW ST2
Talia Smith
City of San Rafael
March 8, 2021
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 five (5) 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 May 21x`,2021 and we anticipate
having the item heard on the June 7`h Council date.
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-STROEI I ENGINEERING GROUP, INC.
a4lo�vmll�a al� /,
. Awn�,��
Al Cornwell Julia Harberson
R.C.E. #27577 RCE #76626
AGC:keh
Enclosures
1':\Gl\.1')0{X)O\uoc\2021•,0'2\Contracts\'-031-03.OH 17.rypoinr L.yg .. G,v-- Repo¢ Proposal (a 900 00) dna.
45 Leveroni Court 415.883.9850 Novato
C 1A, Novato, CA 94949 Fax: 415.883.9835 Petaluma
rY www.cswst2.com Sacramento
Redwood City
CSW/Stuber-Stroeh Engineering Group, Inc. Engineers I Land Planners 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) 485-3354
Address: 11 Nlorphew Street Fax: (415) 485-3334
City, State, Zip: San Rafael, CA 94901 Email:'I'alia.Smith@cityofsanrafacl.org
BILLING INFO. (If Different from Client):
Bill to Name: CLIENT Attn:
Address: Phone:
City, State, Zip: Fax:
PROJECT NAME: BA' 'TOINT LAGOON ASSESSMENT
Project Address: Ba}point Lagoon Subdivision City: San Rafael
Description of Work: Prepare Annual Engineer's Report, per proposal letter dated illarch 8, 2021 (copy attached).
Client Will Provide: Revenue and Expense Data, per proposal letter dated 1\farch 8, 2021 (copy attached).
Client to be Provided With: Prepared Annual Engineer's Report, per proposal letter dated 1\Iarch 8, 2021 (copy attached).
Other Comments:
BILLING INFORMATION: Work will be Invoiced: 1\Ionthly: 1 Upon Completion:
Fixed Fee: $ Budget Estimate: Z 6,800.00
Billing Basis for Proposed Work (Check One): % Complete: IIourly Rates*: Z Other (Explain Below):
Other Information:
*Hourly rates will be in conformity with Hourly Rates and Billing Policy Schedule, effective January 1, 2021, 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-STROEH ENGINEERING GROUP, INC.
By: By:
Robert Stevens, R.C.F. #56880
Date: Date:
PICDrilialr I
('.\(�4\+9u()Oo\uoC\2021-'-02-'\Contracts\\C'ork_Cnnfirmanon{a90000j.d— Date Prepared 3/11/2021
Berkeley
Novato
CSW S Petaluma
Pleasanton
Redsvacd City
Richmond
CSWIStuber-Stroeh Engineering Group, Inc. Engineers I Land Planners I Surveyors
BILLING RATE SCHEDULE
Effective January 1, 2021 — December 31, 2021
ENGINEERING SERVICES HOURLY RATES
Senior Engineer $ 175.00
Engineer I, II, III $ 125.00, $ 152.00, $ 170.00
Technician $ 100.00
SURVEY SERVICES HOURLY RATES
Senior Surveyor
$175.00
Surveyor I, II, III
$ 125.00,$ 152.00,$ 170.00
Technician
$ 115.00
Two Person Survey Party
$ 275.00
One Person Survey Party
$ 195.00
Aerial Drone Surveyor
$ 195.00
OTHER PROFESSIONAL RATES
Principal
$ 225.00 - $ 250.00
Associate Principal
$ 215.00
Project Manager
$ 190.00 - $ 210.00
Construction Manager
$ 205.00
Resident Engineer
$ 150.00
Technical Writer
$ 120.00
Graphic Illustrator
$ 115.00
Project Assistant
$ 88.00
• All expenses for transportation (mileage, bridge fare, etc.) will be charged at the Internal Revenue Service rate plus
10%.
• Filing fees, checking fees, prints, and other outside 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 net 30 days.
Exhibit B
CSW ST2
CSW/Stuber•Stroeh Engineering Group, Inc.
Date: March 8, 2021
File: 4.1161.24
Ms. Talia Smith Sent via Email: Talia.Smith c@cityofsanrafael.org
Senior Management Analyst
Department of Public Works
City of San Rafael
111 Morphew Street
San Rafael, CA 94901
RE: COMMUNITY FACILITIES DISTRICT LOCH LOMOND #2
—ANNUAL ENGINEER'S REPORT
Dear Talia:
As per our discussion, CSW/Stuber-Stroeh Engineering Group, Inc. (CSW 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.
I' 104\-1116121\UO(:12021 2022 \nnual I•:ngmccr's Rcpun\Qpnt ¢ws\2121 03 08 Community I�anhucs Uistnct Loch Lomond N21?n}nnccrs Rcpon Proposal ;41 161 2.1)Z .ti
CSW ST2
Talia Smith
City of San Rafael
March 8, 2021
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 $5,900 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 die 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 2020-2021, 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 five (5) 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 May 2151, 2021 and we
anticipate having the item heard on the June 7`I' Council date.
If this proposal is acceptable, please forward your Professional Service Agreement documents
to my attention for our review.
PAIW\a 11! 13!\DOC\'-1121.2022 Annual Hny ncees 1kport\Contracts\2021-113 08 Commu.q Fanht- D.stnet Loch 1omond #2 linynneers 11,T— Proposal (4 1161.24) does
CSW sv:
Talia Smith
City of San Rafael
March 8, 2021
Page 3
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 Harberson
R.C.E. #27577 RCE #76626
AGC:keh
Enclosures
1'.101\4116La\uoC\20?1.2022 Annual lino n-er Report\Cnntnazm\21131-03-08 Communny Puuhnu utstncs Lod, Lomond u2 Engineers Rrpon Proposal (1.1161 2J) docx
45 Leveroni Court 415.883.9850 Berkeley
C(� W S Novato, CA 94949 Fax: 415.883.9835 Novato
V ■■ S www.cswst2.com Petaluma
Pleasanton
Redwood City
Sacramento
CSW/Stuber-Stroeh Engineering Group, Inc. Engineers I Land Planners I Surveyors I Landscape Architects
WORK CONFIRMATION
File Number: 4.1161.24 Client No.: CITSAN Contact: Talia Smith
CLIENT NAME: CITY OF SAN RAFAEL Phone: (415) 485-3354
Address: 111 Morphew Street Fax: (415) 485-3334
City, State, Zip: San Rafael, CA 94901 Email: '1'-,dia.Smitli@cityofs,.inraf-,lcl.org
BILLING INFO. (If Different from Client):
Bill to Name: CLIENT Attn:
Address: Phone:
City, State, Zip: Fax:
PROJECT NAME: COMMUNITY FACILITIES DISTRICT LOCH LOMOND #2
Project Address: Loch Lomond Marina City: San Rafael
Description of Work: Prepare Annual Engineer's Report, per proposal letter dated March 8, 2021 (copy attached).
Client Will Provide: Revenue and Expense Data, per proposal letter dated March 08, 2021 (copy attached).
Client to be Provided With: Prepared Annual Engineer's Report, per proposal letter dated March 08, 2021 (copy attached).
Other Comments:
BILLING INFORMATION: Work will be Invoiced: Monthly: X Upon Completion:
Fixed Fee: $ Budget Estimate: X 5,900.00
Billing Basis for Proposed Work (Check One): % Complete: Hourly Rates*: 1 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 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-STROEH ENGINEERING GROUP, INC.
By: By:
Date:
Date:
1':\04\4116124\UOC12021 ?022 Annual Enb racer's 1kporr\Contracts\\C'or1, Confirmutnn (.1 1161 2-1).doex
Robert Stevens, R.03. #56880
111C1eitialr II
Date Prepared 3/11/2021
Berkeley
Novato
CSW
S Petaluma
Pleasanton
Redwood City
Richmond
CSWIStuber-Stroeh Engineering Group, Inc. Engineers I Land Planners I surveyors
BILLING RATE SCHEDULE
Effective January 1, 2021 — December 31, 2021
ENGINEERING SERVICES HOURLY RATES
Senior Engineer $ 175.00
Engineer I, II, III $ 125.00, $ 152.00, $ 170.00
Technician $ 100.00
SURVEY SERVICES HOURLY RATES
Senior Surveyor
$175.00
Surveyor I, II, III
$ 125.00, $ 152.00, $ 170.00
Technician
$ 115.00
Two Person Survey Party
$ 275.00
One Person Survey Party
$ 195.00
Aerial Drone Surveyor
$ 195.00
OTHER PROFESSIONAL RATES
Principal
$ 225.00 - $ 250.00
Associate Principal
$ 215.00
Project Manager
$ 190.00 - $ 210.00
Construction Manager
$ 205.00
Resident Engineer
$ 150.00
Technical Writer
$ 120.00
Graphic Illustrator
$ 115.00
Project Assistant
$ 88.00
• All expenses for transportation (mileage, bridge fare, etc.) will be charged at the Internal Revenue Service rate plus
10%.
• Filing fees, checking fees, prints, and other outside costs (such as agency submittal/permit fees etc.) will be
charged at cost, plus service charges at the rate of 10%.
0 Billing will be monthly net 30 days.
Exhibit C
45 everor i Co .rt
Novato CA 94949
vmvw csws!2 com
CSW ST2
CSWIStuber-Stroeh Engineering Group, Inc.
Date: March 8, 2021
File: 2019-10-018
Ms. Talia Smith Sent via Email: Talia.Smidi a,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
2021 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 District 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.
3. Part C. — Assessment Roll
We willinclude 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
1I:\Protects\2017-I0 1118 Pt San Pedro Ild \s —t,nt Dw-tWOC\ 100 Admmtstrannn\Illi Proposal\2021 2122\21121 03 118 Pt Sam Pedm Road Median 1 .mdseapmg Assessment Utstnet Engine—
Bcpon Proposal (2017 10 018).docs
CSW ST2
Talia Smith
City of San Rafael
March 8, 2021
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.
5. Part E. — Assessment Diap-ram
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.
6. 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 $10,300 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:
P:\Projects\2019-10-01H Pt San Pedro lid Ass —tnt Dntnct\DOC\IUO Ad.n—tran—MI Pro1osa1\2021-2022\202403-08 Pt San Pcdm Road Median Landscaping Assess—rit Dlstncr
Enbnecrs Report Proposal (2019-10 018).d—,
CSW ST2
Talia Smith
City of San Rafael
March 8, 2021
Page 3
Written Authorization to Proceed
Executed Contract
Complete Revenue and Expense data for F/Y 2020-2021, 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 five (5) 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 May 21", 2021 and we anticipate having the
item heard on the June 7`h Council date.
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 ;VKI�a
Al Cornwell Julia Ha son
R.C.E. #27577 RCE #76626
AGC:keh
Enclosures
21!rojects\2019-10.018 Pt San Pedru Rd Assessment District\DOC\100 Administration\101 ProposA12021 20221\2021-03 IIB Pt Snn Pcdm Road MW— 1—dscapmg Assessment Damn
Rny�ncers 14port Proposal (2019-I0-018).docx
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: 2019 10-018 Client No.: CITSAN Contact: Talia Smith
CLIENT NAME: CITY OF SAN RAFAEL Phone: (415) 485-3354
Address: 111 1\1orphew Street Fax: (415) 485-3334
City, State, Zip: San Rafael, CA 94901 Email: Talia.Smitha•cityofsanrafael.org
BILLING INFO. (If Different from Client):
Bill to Name: CLIENT Attn:
Address: Phone:
City, State, Zip: Fax:
PROJECT NAME: PT SAN PEDRO ROAD NIEDIAN LANDSC_-1PING 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 I\farch 8, 2021 (copy attached).
Client Will Provide: Revenue and Expense Data, per proposal letter dated 1\1arch 8, 2021 (copy attached).
Client to be Provided With: Prepared Annual Engineer's Report, per proposal letter dated Nfarch 8, 2021 (copy attached).
Other Comments:
BILLING INFORMATION: Work will be Invoiced: INIonthly: 1 Upon Completion:
Fixed Fee: $ Budget Estimate: 1 10,300.00
Billing Basis for Proposed Work (Check One): % Complete: Hourly Rates*: Z Other (Explain Below):
Other Information:
*Hourly rates will be in conformitywith Hourly Rates and Billing Policy Schedule, effective January 1, 2021, 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-STROEH ENGINEERING GROUP, INC.
By: By:
Robert Stevens, R.C.B. #56880
Date: Date:
1110. Initials
P:\P qmc \2019-10 0TH Pt San Pedro Rd Asst --r Dm-t\D0C\11X1 Adrmmsrr:monlloI I'roposul\'-031-311 '\\\'oil: Confinnauon (2019-10 018) do,. Date Prepared 3/11/2021
CSWIStuber-Stroeh Engineering Group, Inc. Engineers I Land Planners I Surveyors
BILLING RATE SCHEDULE
Effective January 1, 2021 — December 31, 2021
ENGINEERING SERVICES HOURLY RATES
Senior Engineer $ 175.00
Engineer I, II, III $ 125.00,$ 152.00,$ 170.00
Technician $ 100.00
SURVEY SERVICES HOURLY RATES
Senior Surveyor
$175.00
Surveyor I, II, III
$ 125.00,$ 152.00,$ 170.00
Technician
$ 115.00
Berkeley
$ 275.00
One Person Survey Party
$ 195.00
Aerial Drone Surveyor
$ 195.00
$ 120.00
Novato
CSW
Project Assistant
$ 88.00
S
Petaluma
Pleasanton
Redwood City
Richmond
CSWIStuber-Stroeh Engineering Group, Inc. Engineers I Land Planners I Surveyors
BILLING RATE SCHEDULE
Effective January 1, 2021 — December 31, 2021
ENGINEERING SERVICES HOURLY RATES
Senior Engineer $ 175.00
Engineer I, II, III $ 125.00,$ 152.00,$ 170.00
Technician $ 100.00
SURVEY SERVICES HOURLY RATES
Senior Surveyor
$175.00
Surveyor I, II, III
$ 125.00,$ 152.00,$ 170.00
Technician
$ 115.00
Two Person Survey Party
$ 275.00
One Person Survey Party
$ 195.00
Aerial Drone Surveyor
$ 195.00
OTHER PROFESSIONAL RATES
Principal
$ 225.00 - $ 250.00
Associate Principal
$ 215.00
Project Manager
$ 190.00 - $ 210.00
Construction Manager
$ 205.00
Resident Engineer
$ 150.00
Technical Writer
$ 120.00
Graphic Illustrator
$ 115.00
Project Assistant
$ 88.00
All expenses for transportation (mileage, bridge fare, etc.) will be charged at the Internal Revenue Service rate plus
10%.
■ Filing fees, checking fees, prints, and other outside 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 net 30 days.
RAFq��
►1,
0
/ryWITH E'�y
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Public Works
Project Manager: Iman Kayani for Talia Extension: 3352
Contractor Name: CSW/STRUBER STROEH ENGINEERING GROUP, INC
Contractor's Contact: Al Cornwall Contact's Email: acornweil@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
❑
enter a date.
b. Email contract (in Word) and attachments to City
3/19/2021
Attorney c/o Laraine.Gittens@cityofsanrafael.org
X❑IKK
2
City Attorney
a. Review, revise, and comment on draft agreement
3/22/2021
❑X LG
and return to Project Manager
3/22/2021
❑X LG
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
3
Department Director
Approval of final agreement form to send to
3/23/2021
X❑ BG
contractor
4
Project Manager
Forward three (3) originals of final agreement to
3/23/2021
❑X IKK
contractor for their signature
5
Project Manager
When necessary, contractor -signed agreement
❑X N/A
agendized for City Council approval *
*City Council approval required for Professional Services
NX IKK
Agreements and purchases of goods and services that exceed
Or
$75,000; and for Public Works Contracts that exceed $175,000
Click here to
Date of City Council approval
enter a date.
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
6
Project Manager
Forward signed original agreements to City
3/25/2021
IKK
Attorney with printed copy of this routing form
7
City Attorney
Review and approve hard copy of signed
agreement
kg—'11
8
City Attorney
Review and approve insurance in PINS, and bonds
(for Public Works Contracts)
yIs za,
9
City Manager/ Mayor
Agreement executed by City Council authorized
official
10
City Clerk
Attest signatures, retains original agreement and
forwards copies to Project Manager
�–