HomeMy WebLinkAboutPW Baypoint Lagoon Assessment DistrictAGREEMENT FOR PROFESSIONAL SERVICES
FOR THE BAYPOINT LAGOON ASSESSMENT DISTRICT
This Agreement is made and entered into this JS day of Agri I , 20-L 1, by
and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and FOTH & VAN DYKE AND
ASSOCIATES, INC., (hereinafter "CONSULTANT").
RECITALS
WHEREAS, the CITY requires professional lagoon management services at Baypoint
Lagoon; and
WHEREAS, the CONSULTANT has agreed to render such services.
AGREEMENT
NOW, THEREFORE, the patties hereby agree as follows:
PROJECT COORDINATION.
A. CITY'S Project Manager. Bill Guerin 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. Adrian Cormier is hereby designated as the PROJECT
DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution
of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONSULTANT
shall notify the CITY within ten (10) business days of the substitution.
2. DUTIES OF CONSULTANT.
CONSULTANT shall perform the duties and/or provide services as set forth in
CONSULTANT's proposals entitled "Lagoon Management Services — Baypoint Lagoon (East)"
dated February 26, 2021, attached to this First Amendment as Exhibit A and "Lagoon Management
Services — Baypoint Lagoon (West)" dated February 26, 2021, attached to this First Amendment as
Exhibit B and incorporated herein by reference.
3. DUTIES OF CITY.
CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as
described in Exhibit A and Exhibit B.
4. COMPENSATION.
For the full performance of the services described herein by CONSULTANT, CITY shall
pay CONSULTANT on an hourly rate basis as detailed in Exhibit A and Exhibit B, in a not -to -
exceed amount of $51,242.
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 two years commencing upon 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 year.
6. TERMINATION.
A. Discretionary. Either party may tenninate this Agreement without cause upon thirty
(30) days written notice mailed or personally delivered to the other party.
B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days
written notice mailed or personally delivered to the other party, and the notified party's failure to cure
or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice,
within such fifteen (15) day time period.
C. Effect of Termination. Upon receipt of notice of termination, neither party shall
incur additional obligations under any provision of this Agreement without the prior written consent
of the other.
D. Return of Documents. Upon tennination, 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, upon payment to CONSULTANT, shall be the
sole property of CITY. CITY may use said property for any purpose, including projects not
contemplated by this Agreement.
City acknowledges that such documents are not intended or represented to be suitable for use on
the Project unless completed by CONSULTANT, or for use or reuse by CITY or others on
extensions of the Project, on any other project, or for any other use or purpose, without written
verification or adaptation by CONSULTANT.
Revised 1/29/2020
8. INSPECTION AND AUDIT.
Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for
inspection and audit, all documents and materials maintained by CONSULTANT in connection with
its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY
or its agent in any such audit or inspection.
9. ASSIGNABILITY.
The parties agree that they shall not assign or transfer any interest in this Agreement nor the
performance of any of their respective obligations hereunder, without the prior written consent of the
other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising
hereunder shall be void and of no effect.
10. INSURANCE.
A. Scope of Coverage. During the tenn 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 tinder 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
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. Tine insurance coverage required of the
CONSULTANT in subparagraph A of this section above shall also rneet 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
Revised 1/29/2020
operations) under the policies.
2. The additional insured coverage under CONSULTANT'S insurance policies
shall be "primary and noncontributory" with respect to any insurance or coverage maintained by
CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The
"primary and noncontributory" coverage in CONSULTANT'S policies shall be at least as broad as
ISO form CG20 0104 13.
3. Except for professional liability insurance or worker's compensation
insurance, the insurance policies shall include, in their text or by endorsement, coverage for
contractual liability and personal injury.
4. By execution of this Agreement, CONSULTANT hereby grants to CITY
a waiver of any right to subrogation which any insurer of CONSULTANT may acquire against
CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to
obtain any endorsement that may be necessary to effect this waiver of subrogation, but this
provision applies regardless of whether or not CITY has received a waiver of subrogation
endorsement from the insurer.
5. If the insurance is written on a Claims Made Form, then, following termination
of this Agreement, said insurance coverage shall survive for a period of not less than five years.
6. The insurance policies shall provide for a retroactive date of placement
coinciding with the effective date of this Agreement.
7. The limits of insurance required in this Agreement may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a primary and
noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before
CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured.
8. It shall be a requirement under this Agreement that any available insurance
proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or
limits shall be available to CITY or any other additional insured party. Furthermore, the requirements
for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or
(2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds
available to the named insured; whichever is greater. No representation is made that the minimum
hnsurance 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 upon written request by the CITY 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.
Revised 1/29/2020
D. Proof of Insurance. CONSULTANT shall provide to the PROJECT MANAGER
or CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance
coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement
page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of
policy language or specific endorsements evidencing the other insurance requirements set forth in this
Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and
endorsements from CONSULTANT. Failure to exercise this right shall not constitute a waiver of
the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT
MANAGER and the City Attorney.
11. INDEMNIFICATION.
A. Except as otherwise provided in Paragraph B., CONSULTANT shall, to the fullest
extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold
harmless CITY, its officers, agents, employees and volunteers (collectively, the "City
Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of
any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of
litigation, (collectively "CLAIMS"), arising out of CONSULTANT'S performance of its
obligations or conduct of its operations under this Agreement. The CONSULTANT's obligations
apply regardless of whether or not a liability is caused or contributed to by the active or passive
negligence of the City Indemnitees. However, to the extent that liability is caused by the active
negligence or willful misconduct of the City Indemnitees, the CONSULTANT's indemnification
obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active
negligence or willful misconduct. In addition, the acceptance or approval of the
CONSULTANT's work or work product by the CITY or any of its directors, officers or
employees shall not relieve or reduce the CONSULTANT's indemnification obligations. In the
event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding
arising from CONSULTANT'S performance of or operations under this Agreement,
CONSULTANT shall provide a defense to the City Indemnitees or at CITY'S option reimburse
the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in
defense of such claims.
B. Where the services to be provided by CONSULTANT under this Agreement are
design professional services to be performed by a design professional as that term is defined under
Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil
Code sections 2782, 2782.6 and 2782.8, CONSULTANT shall indemnify and hold harmless the
CITY and its officers, officials, and employees (collectively City Indemnitees) from and against
damages, liabilities or costs (including 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.
Revised 1/29/2020
C. The defense and indemnification obligations of this Agreement are undertaken in
addition to, and shall not in any way be limited by, the insurance obligations contained in this
Agreement, and shall survive the termination or completion of this Agreement for the full period
of time allowed by law.
12. NONDISCRIMINATION.
CONSULTANT shall not discriminate, in any way, against any person on the basis of age,
sex, race, color, religion, ancestry, national origin or disability in connection with or related to the
performance of its duties and obligations under this Agreement.
13. COMPLIANCE WITH ALL LAWS.
CONSULTANT shall observe and comply with all applicable federal, state and local laws,
ordinances, codes and regulations, in the performance of its duties and obligations under this
Agreement. CONSULTANT shall perform all services under this Agreement in accordance with
these laws, ordinances, codes and regulations. CONSULTANT shall release, defend, indemnify and
hold harmless CITY, its officers, agents and employees from any and all damages, liabilities,
penalties, fines and all other consequences from any noncompliance or violation of any laws,
ordinances, codes or regulations.
14. NO THIRD PARTY BENEFICIARIES.
CITY and CONSULTANT do not intend, by any provision of this Agreement, to create in
any third party, any benefit or right owed by one party, under the terms and conditions of this
Agreement, to the other party.
15. NOTICES.
All notices and other communications required or permitted to be given under this Agreement,
including any notice of change of address, shall be in writing and given by personal delivery, or
deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to
be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the
date of deposit with the United States Postal Service. Notice shall be given as follows:
TO CITY's Project Manager: Bill Guerin
City of San Rafael
111 Morphew Street
San Rafael, CA 94901
TO CONSULTANT's Project Director: Adrian Cormier
Foth & Van Dyke and Associates, Inc.
384 Bel Marin Keys Boulevard, Ste 140
Novato, CA 94949
Revised 1/29/2020
16. INDEPENDENT CONTRACTOR.
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 terns 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.
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 tern, condition, covenant of this Agreement or any applicable law, ordinance
or regulation.
Revised 1/29/2020
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.
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:
Revised 1/29/2020
CONSULTANT
Susan N. Davis
Vice President of Risk Management
Susan N. Davis. Susan. Bay, WI
Susan.Davis@Folh.com
Y• 70_21__04.08 15 14;17-05'00'
Name: Susan N. Davis
Title: VP of Risk Management
LINDSAY LARA, City Clerk
[If CONSULTANT is a corporation, add signature of
second corporate officer]
Digitally signed by Travis
Travis C. McGrath C. M
Date: : 2 2021.021.04.09
By: 10:50:23-05'00'
APPROVED AS TO FORM: Natne:
Title:
ROBERT F. EPSTEIN, Ci Attorney
Revised 112912020
Exhibit A
0Foth
384 Bel Marin Keys Blvd., Suite 140
Novato, CA 94949
(415)884-8011
www.foth.com
February 26, 2021
Mr. Bill Guerin
Director of Public Works
City of San Rafael Public Works
111 Morphew Street
San Rafael, CA 94901
RE: Lagoon Management Services - Baypoint Lagoon (East)
Dear Bill:
Foth & Van Dyke and Associates, Inc. (Foth) is pleased to respond to the City of San
Rafael's (City) request for a professional consulting services proposal to provide lagoon
management services at Baypoint Lagoon. Our Team is experienced, qualified, and available
to perform the lagoon management services outlined herein. Foth is recommending a
management term of two (2) summer seasons that will conclude in November 2022.
Project Understanding
Foth understands the City is requesting lagoon management services' to consist of the
following but not limited to:
Monthly water quality monitoring and reporting
• Monthly lagoon enzyme applications
• Annual report
• Water quality lab sampling
• Water circulation
• Equipment installation
• As needed consulting
Project Team
We have assembled a team of qualified and experienced individuals within Foth to complete
the project tasks. Foth will manage our team ensuring all tasks and deliverables are
coordinated and cohesive. We will be responsible for managing the scope and tasks
throughout the duration of the project and will be the primary point of contact between Foth
and the City's representatives.
Lagoon best management practices are subject to change on environmental conditions (dry/rainy seasons).
X:\E-Div Bus DevUients\San Rafael, CA (City oo\P- City of San Rafael._Baypoint Lagoon Management Final.docx
Mr. Bill Guerin
City of San Rafael Public Works
February 26, 2021
Page 2
Project Execution
Phase 1— Monthly Water Quality Monitoring and Reporting
Foth will manage and execute all required onsite fieldwork for this phase.
Phase 1 Scope:
Water samples collected with a multi parameter instrument
• Water quality samples (4) locations
Phase 1 Deliverables:
Foth will provide a monthly written hard copy memo outlining the samples collected
with lagoon health summary.
Phase 1 Budget: $10,009.00
Phase 2 — Monthly Lagoon Enzyme Applications
The Foth team will procure and deploy enzyme applications via small portable vessel. East
and West Lagoon applications will be conducted within the same workday to reduce
equipment mobilization costs. A liquid clarifier will be applied topically to the lagoons
water surface. Foth has secured a reduced rate for the Naturalake clarifier averaging a Mid -
rate application for the 2021-2022 season. A budget of $8750.00 will cover the cost of
materials for the east lagoon through 2022.
Phase 2 Scope:
Foth will procure the recommended enzyme solutions for the East and West Lagoons.
► Application volume may vary depending on seasonal conditions and aerator
performance.
• High, Mid and Low application rates for both lagoons
— High —.75 gal/mo.
— Mid —.50 gal/mo.
— Low — .25gal/mo.
Foth will provide a tentative schedule for monthly application dates.
Phase 2 Deliverables:
• 72 -hr notification of field activities and application rate.
• Email notification of field activity completion including daily job report.
Phase 2 Budget: $7392.50
(Materials Budgetfor Phase 2: $8,750. 00)
XAE-Div Bus DevWlients\San Rafael, CA (City of)\P- City of San Rafael. Baypoint Lagoons Management Final.docx
Mr. Bill Guerin
City of San Rafael Public Works
February 26, 2021
Page 3
Phase 3 — Annual Report
Written annual report with water quality data
Phase 3 Scope:
• The Foth team will generate the written report.
Phase 3 Deliverables:
• Written hard copy report with water quality data, graphs and mapping.
• Report review meeting with City representatives.
Phase 3 Budget: $1,200.00
Phase 4 — Water Quality Lab Sampling
The Foth team does not anticipate routine lab sampling given the conditions based on the
lagoon assessment report. Recommended lab samples to be taken at the beginning (March)
and end (October) of the summer season (4 events).
Phase 4 Scope:
• Foth will deploy a small portable vessel, collect and deliver to a certified laboratory to
testing and analysis (4 planned events).
• One composite Lagoon sample
Phase 4 Deliverables:
• Written memo of laboratory data, findings and recommendations.
► Data, findings and recommendations will be included in the annual reports.
Phase 4 Budget: $3,569.50
Phase 5 — Water Circulation
The Foth team understands that the West Lagoon is equipped with infrastructure to circulate
water by gravity and mechanical means. This phase of work should be considered a benefit
to both lagoons when integrated with the recommended aeration equipment. Foth is aware
City staff is capable of performing the field activities required for lagoon circulation.
Phase 5 Scope:
• Foth will generate an annual circulation event calendar based on SF Bay tides.
• Foth will communicate with City staff throughout the seasonal circulation events and
generate a records log.
Phase 5 Deliverables:
• Annual circulation event calendar (2)
• Annual circulation records log (2)
Phase 5 Budget: $1,650.00
X NE -Div Bus DevOienOSan Rafael, CA (City ot)T- City of San Rafael_Baypoint Lagoons Management Final.docx
Mr. Bill Guerin
City of San Rafael Public Works
February 26, 2021
Page 4
Phase 6 — Aeration Equipment Procurement/Installation
Based on the results of the condition assessment completed in mid -2020; Foth has determined
suitable aeration equipment with proven positive results in various locations managing
similar aquatic vegetation species. An equipment/installation cost range of $37,500 to
$45,000 should be considered for budgetary purposes to cover the East lagoon. Foth is aware
that portions of this work may be subject to CA prevailing wage requirements.
Phase 6 Scope:
Confirmation of existing electrical existing infrastructure is critical for determining
the allowable volume of flow/operable size of equipment based on existing electrical
service.
Phase 6 Deliverables:
Scope of work outline for solicitation.
Engineer's opinion of cost for equipment installation and prevailing wage
detennination.
Installation oversite.
Phase 6 Budget: $ 1,800.00
(Equipment Budget_ for Phase 6: $37, 500-45, 000)
Phase 7 — As Needed Consulting/Additional Lagoon Management Tasks
Lagoon communities often require as needed consulting. Foth is capable of providing as
needed consulting for all aspects of best lagoon management practices stated below but not
limited to:
Resident interaction and community outreach
Permitting
Civil Engineering
Structural Engineering
Geotechnical Engineering
Hydrographic survey
Project/Construction management
Phase 7 Budget: Fee schedule
Schedule
Upon a Notice to Proceed, the Foth team will coordinate with the City and its representatives
for the required onsite activities. Our team is ready and prepared to initiate the recommended
lagoon management services outlined in this proposal.
We welcome the opportunity to discuss the proposed budget along with our assumptions in
order to better align with the City's available assets and project understanding.
XAE-Div Bus DevlClients%San Rafael, CA (City of)%P- City of San Rafael_Baypoint Lagoons Management Final.doca
Mr. Bill Guerin
City of San Rafael Public Works
February 26, 2021
Page 5
Project Assumptions
Our proposed budget includes several assumptions for the different phases of work:
Foth is aware City staff is capable of performing the field activities required for
lagoon circulation. In the event that the City requires Foth perform these services,
events will be charged in accordance to the approved fee schedule.
Foth is aware that portions of this work may be subject to CA prevailing wage
requirements.
In light of recent global events, labor shortages or supply chain disruptions resultant
from epidemic or pandemic events (e.g., the COVID-19 outbreak) are specifically to
be considered grounds constituting a force majeure condition. Labor shortages and
inefficiencies, delays, escalation, or cost impacts resulting from labor shortages or
supply chain disruptions associated with such an event shall be considered grounds
for a changed condition event and shall afford Foth the opportunity for schedule and
cost relief associated with such an event by the Owner notwithstanding any express
language in the Agreement to the contrary.
Thank you for the opportunity to submit our proposal for your consideration. Should
you have any questions or require further information, please contact Adrian Cormier at
(415) 637-7282, or via email at adrian.corrnier n,Foth.com
Sincerely,
Foth & Van Dyke and Associates, Inc.
�Z� "�' /�
Wendy P. Rocha
Senior Client Manager
kl-�
Adrian Cormier
Project Manager
attachments: 2021 Foth Fee Schedule, Sample Locations Drawing
XAE-Div Bus DevlClientslSan Rafael, CA (City oo\P- City of San Rafael Baypoint Lagoons Management Final.docx
#Foth
Foth Environment Division
Ports and Harbors
2021 Labor Rate Schedule`
Classifieation Hourly Rate (USD)
Program Director/Corporate Executive $248
Client Director $215
Project Director $200
Project Manager III $180
Project Manager II $165
Project Manager I $155
Consultant IV
$240
Consultant III
$180
Consultant II
$150
Consultant I
$140
Engineer/Scientist VI
$200
Engineer/Scientist V
$170
Engineer/Scientist IV
$155
Engineer/Scientist III
$140
Engineer/Scientist 11
$130
Engineer/Scientist I
$108
Technician VI
$160
Technician V
$150
Technician IV
$125
Technician III
$110
Technician II
$100
Technician I
$75
Project Coordinator $122
Administrative Assistant II/Project Administrative Specialist $82
Administrative Assistant I $75
INVOICING PROCEDURES
♦ All personnel are billed portal-to-portal for required travel.
♦ All testimony or direct mediation work including the following: depositions; trial testimony; mediation
meetings or presentations; public meetings; public hearings; standby tithe; pre-trial preparation; and other
litigation/mediation services will be billed with a separate Litigation/Mediation Rate Schedule.
♦ Expedited deliverables requested by the client that require overtime work will be billed at one and one-half
times the hourly billing rate for the overtime hours worked. Prior notice of this surcharge will be given.
♦ Payments are due and payable in accordance with the terms of the Agreement with Foth.
• Foth Infrastructure & Environment, LLC reserves the right to modify this schedule periodically, as
appropriate.
Do not provide this rate schedule or copies of this rate schedule to other parties without prior approval of
Foth Infrastructure & Environment, LLC.
T -S 2021 Foth Ports and Harbors Labor Rates and Resource Charges.doex Form P&H-S2 Rev. 211/21
#F Foth
Foth Environment Division
Ports and Harbors
2021 Resource Charges'
Item Cost Basis Standard Charge (USD)
Standard Office/Communication/Software(') 3% of labor
Travel
Automobile Travel
Public Transportation
Subsistence and Lodging
Survey Vehicles
Equipment
Subconsultants (drilling, laboratory, etc.)
Outside Printing Costs
Specialty Mailing Services
Miscellaneous
Mileage $0.65/tni(z)
Cost + 10%
Cost + 10%
Mileage $1.00/mi(l)
Based on market rates(3)
Cost + 10%
Cost + 10%
Cost + 10%
Cost + 10%
Notes: The cost of specific technical equipment and employee travel expenses needed on projects is in addition to the hourly
labor rates. This list is not all inclusive but represents the most common resource charges applied to Foth projects.
t1t Standard Office/Communication/Software charges are designed to cover Foth's costs for the following: 1) telephone and
long distance charges: 2) charges associated with facsimile sending and receiving; 3) standard postal and shipping
charges, except express mail; 4) normal copying and other reproduction costs, except for major or outside reproduction
costs; and 5) usage of software.
(2
) Mileage rates are subject to change based on Federal Government Standards.
0) Survey Vehicle and Equipment charges are subject to change based on availability and economic conditions. Special
equipment rates quoted on an individual basis, if requested.
Do not provide this rate schedule or copies of this rate schedule to other parties without prior approval of
Foth Infrastructure & Environment, LLC.
T -S 2021 Foth Ports and Harbors Labor Rates and Resource Charges.docx Foran P&FI-S2 Rev. 2.1/21
0Foth
384 Bel Marin Keys Blvd., Suite 140
Novato, CA 94949
(415) 884-8011
wwcv.foth.com
February 26, 2021
Mr. Bill Guerin
Director of Public Works
City of San Rafael Public Works
111 Morphew Street
San Rafael, CA 94901
Exhibit B
RE: Lagoon Management Services - Baypoint Lagoon (West)
Dear Bill:
Foth & Van Dyke and Associates, Inc. (Foth) is pleased to respond to the City of San
Rafael's (City) request for a professional consulting services proposal to provide lagoon
management services at Baypoint Lagoon. Our Team is experienced, qualified, and available
to perform the lagoon management services outlined herein. Foth is recommending a
management tern of two (2) summer seasons that will conclude in November 2022.
Project Understanding
Foth understands the City is requesting lagoon management services' to consist of the
following but not limited to:
• Monthly water quality monitoring and reporting
• Monthly lagoon enzyme applications
• Annual report
• Water quality lab sampling
• Water circulation
• Equipment installation
• As needed consulting
Project Team
We have assembled a team of qualified and experienced individuals within Foth to complete
the project tasks. Foth will manage our team ensuring all tasks and deliverables are
coordinated and cohesive. We will be responsible for managing the scope and tasks
throughout the duration of the project and will be the primary point of contact between Foth
and the City's representatives.
'Lagoon best management practices are subject to change on environmental conditions (dry/rainy seasons).
X:\E-Div Bus Dev\ClientslSan Rafael, CA (City oO\P- City of San Rafael—Baypoint Lagoon Management Final.docx
Mr. Bill Guerin
City of San Rafael Public Works
February 26, 2021
Page 2
Project Execution
Phase 1— Monthly Water Quality Monitoring and Reporting
Foth will manage and execute all required onsite fieldwork for this phase.
Phase I Scope:
• Water samples collected with a multi parameter instrument
• Water quality samples (5) locations
Phase 1 Deliverables:
Foth will provide a monthly written hard copy memo outlining the samples collected
with lagoon health summary.
Phase 1 Budget: $10,009.00
Phase 2 — Monthly Lagoon Enzyme Applications
The Foth tearn will procure and deploy enzyme applications via small portable vessel. East
and West Lagoon applications will be conducted within the same workday to reduce
equipment mobilization costs. A liquid clarifier will be applied topically to the lagoons
water surface. Foth has secured a reduced rate for the Naturalake clarifier averaging a Mid -
rate application for the 2021-2022 season. A budget of $8750.00 will cover the cost of
materials for the west lagoon through 2022.
Phase 2 Scope:
Foth will procure the recommended enzyme solutions for the East and West Lagoons.
► Application volume may vary depending on seasonal conditions and aerator
performance.
• High, Mid and Low application rates for both lagoons
— High —.75 gal/mo.
— Mid —.50 gal/mo.
— Low — .25ga1/rno.
Foth will provide a tentative schedule for monthly application dates.
Phase 2 Deliverables:
• 72 -hr notification of field activities and application rate.
• Email notification of field activity cornpletion including daily job report.
Phase 2 Budget: $7392.50
(Materials Budget for Phase 2: $8,750. 00)
XAE-Div Bus Dev\Clients\San Rafael, CA (City oO\P- City of San Rafael Baypoint Lagoons Management Final.docx
Mr. Bill Guerin
City of San Rafael Public Works
February 26, 2021
Page 3
Phase 3 — Annual Report
Written annual report with water quality data
Phase 3 Scope:
• The Foth team will generate the written report.
Phase 3 Deliverables:
• Written hard copy report with water quality data, graphs and mapping.
• Report review meeting with City representatives.
Phase 3 Budget: $1,200.00
Phase 4 — Water Quality Lab Sampling
The Foth team does not anticipate routine lab sampling given the conditions based on the
lagoon assessment report. Recommended lab samples to be taken at the beginning (March)
and end (October) of the summer season (4 events).
Phase 4 Scope:
• Foth will deploy a small portable vessel, collect and deliver to a certified laboratory to
testing and analysis (4 planned events).
• One composite Lagoon sample
Phase 4 Deliverables:
• Written memo of laboratory data, findings and recommendations.
► Data, findings and recommendations will be included in the annual reports.
Phase 4 Budget: $3,569.50
Phase 5 — Water Circulation
The Foth team understands that the West Lagoon is equipped with infrastructure to circulate
water by gravity and mechanical means. This phase of work should be considered a benefit
to both East and West lagoons when integrated with the recommended aeration equipment.
Foth is aware City staff is capable of performing the field activities required for lagoon
circulation.
Phase 5 Scope:
• Foth will generate an annual circulation event calendar based on SF Bay tides.
• Foth will communicate with City staff throughout the seasonal circulation events and
generate a records log.
Phase 5 Deliverables:
Annual circulation event calendar (2)
Annual circulation records log (2)
X.\E-Div Bus Dev\Clients\San Rafael, CA (City oo\P- City of San Rafael_Baypoint Lagoons Management Final.docx
Mr. Bill Guerin
City of San Rafael Public Works
February 26, 2021
Page 4
Phase 5 Budget: $1,650.00
Phase 6 — Aeration Equipment Procurement/Installation
Based on the results of the condition assessment completed in mid -2020; Foth has determined
suitable aeration equipment with proven positive results in various locations managing
similar aquatic vegetation species. An equipment/installation cost range of $37,500 to
$45,000 should be considered for budgetary purposes to cover the West lagoon. Foth is
aware that portions of this work may be subject to CA prevailing wage requirements.
Phase 6 Scope:
• Confirmation of existing electrical existing infrastructure is critical for determining
the allowable volume of flow/operable size of equipment based on existing electrical
service.
Phase 6 Deliverables:
• Scope of work outline for solicitation.
• Engineer's opinion of cost for equipment installation and prevailing wage
determination.
• Installation oversite.
Phase 6 Budget: $ 1,800.00
(Equipment Budget for Phase 6: $37, 500-45, 000)
Phase 7 — As Needed Consulting/Additional Lagoon Management Tasks
Lagoon communities often require as needed consulting. Foth is capable of providing as
needed consulting for all aspects of best lagoon management practices stated below but not
limited to:
• Resident interaction and community outreach
• Permitting
• Civil Engineering
• Structural Engineering
• Geotechnical Engineering
• Hydrographic survey
• Project/Construction management
Phase 7 Budget: Fee schedule
Schedule
Upon a Notice to Proceed, the Foth team will coordinate with the City and its representatives
for the required onsite activities. Our team is ready and prepared to initiate the recommended
lagoon management services outlined in this proposal.
We welcome the opportunity to discuss the proposed budget along with our assumptions in
order to better align with the City's available assets and project understanding.
XAE-Div Bus DevUientslSan Rafael, CA (City ooT- City of San Rafael_Baypoint Lagoons Management final.docx
Mr. Bill Guerin
City of San Rafael Public Works
February 26, 2021
Page 5
Project Assumptions
Our proposed budget includes several assumptions for the different phases of work:
Foth is aware City staff is capable of performing the field activities required for
lagoon circulation. In the event that the City requires Foth perform these services,
events will be charged in accordance to the approved fee schedule.
Foth is aware that portions of this work may be subject to CA prevailing wage
requirements.
In light of recent global events, labor shortages or supply chain disruptions resultant
from epidemic or pandemic events (e.g., the COVID-19 outbreak) are specifically to
be considered grounds constituting a force majeure condition. Labor shortages and
inefficiencies, delays, escalation, or cost impacts resulting from labor shortages or
supply chain disruptions associated with such an event shall be considered grounds
for a changed condition event and shall afford Foth the opportunity for schedule and
cost relief associated with such an event by the Owner notwithstanding any express
language in the Agreement to the contrary.
Thank you for the opportunity to submit our proposal for your consideration. Should
You have any questions or require further information, please contact Adrian Cormier at
(415) 637-7282, or via email at adrian.connier a,Foth.com
Sincerely,
Foth & Van Dyke and Associates, Inc.
�Z� � �'
Wendy P. Rocha
Senior Client Manager
Adrian Cormier
Project Manager
attachments: 2021 Foth Fee Schedule, Sample Locations Drawing
X NE -Div Bus Dev\ClientASan Rafael, CA (City of)lP- City of San RafaelWBaypoint Lagoons Management Final.docx
#Foth
Foth Environment Division
Ports and Harbors
2021 Labor Rate Schedule`
Classification Hourly Rate (USD)
Program Director/Corporate Executive $248
Client Director $215
Project Director $200
Project Manager III
$180
Project Manager 11
$165
Project Manager I
$155
Consultant IV
$240
Consultant III
$180
Consultant II
$150
Consultant I
$140
Engineer/Scientist VI
$200
Engineer/Scientist V
$170
Engineer/Scientist IV
$155
Engineer/Scientist III
$140
Engineer/Scientist II
$130
Engineer/Scientist I
$108
Technician VI
$160
Technician V
$150
Technician IV
$125
Technician III
$110
Technician II
$100
Technician I
$75
Project Coordinator $122
Administrative Assistant II/Project Administrative Specialist $82
Administrative Assistant I $75
INVOICING PROCEDURES
♦ All personnel are billed portal-to-portal for required travel.
♦ All testimony or direct mediation work including the following: depositions; trial testimony; mediation
meetings or presentations; public meetings; public hearings; standby time; pre-trial preparation; and other
litigation/mediation services will be billed with a separate Litigation/Mediation Rate Schedule.
• Expedited deliverables requested by the client that require overtime work will be billed at one and one-half
times the hourly billing rate for the overtime hours worked. Prior notice of this surcharge will be given.
♦ Payments are due and payable in accordance with the terms of the Agreement with Foth.
♦ Foth Infrastructure & Environment, LLC reserves the right to modify this schedule periodically, as
appropriate.
Do not provide this rate schedule or copies of this rate schedule to other parties without prior approval of
Foth Infrastructure & Environment, LLC.
T -S 2021 Foth Ports and Harbors Labor Rates and Resource Charges.docx Form P&H-S2 Rev. 2/1/21
#Foth
Foth Environment Division
Ports and Harbors
2021 Resource Charges*
Item Cost Basis Standard Charge (USD)
Standard Office/Communication/Software(l) 3% of labor
Travel
Automobile Travel
Public Transportation
Subsistence and Lodging
Survey Vehicles
Equipment
Subconsultants (drilling, laboratory, etc.)
Outside Printing Costs
Specialty Mailing Services
Miscellaneous
Mileage $0.65/Mit2>
Cost + 10%
Cost + 10%
Mileage $1.00/mi(3)
Based on market rates(3)
Cost + 10%
Cost + 10%
Cost + 10%
Cost + 10%
Notes: The cost of specific technical equipment and employee travel expenses needed on projects is in addition to the hourly
labor rates. This list is not all inclusive but represents the most common resource charges applied to Foth projects.
(1) Standard Of7ice/Communication/Software charges are designed to cover Foth's costs for the following: 1) telephone and
long distance charges; 2) charges associated with facsimile sending and receiving; 3) standard postal and shipping
charges, except express mail; 4) normal copying and other reproduction costs, except for major or outside reproduction
costs; and 5) usage of software.
t21 Mileage rates are subject to change based on Federal Government Standards.
0) Survey Vehicle and Equipment charges are subject to change based on availability and economic conditions. Special
equipment rates quoted on an individual basis, if requested.
Do not provide this rate schedule or copies of this rate schedule to other parties without prior approval of
Foth Infrastructure & Environment. LLC.
T -S 2021 Foth Ports and Harbors Labor Rates and Resource Charges.docx Form P&H-S2 Rev. 2/1121
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CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Public Works
Project Manager: Iman Kayani for BG Extension: 3352
Contractor Name: Foth & Van Dyke and Associates, Inc.
Contractor's Contact: Adrian Cormier Contact's Email: Adrian.Cormier@foth.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
3/5/2021
Attorney c/o Laraine.Gittens@cityofsanrafael.org
NIKK
2
City Attorney
a. Review, revise, and comment on draft agreement
3/11/2021
N LG
and return to Project Manager
3/11/2021
0 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
3/11/2021
0 BG
contractor
4
Project Manager
Forward three (3) originals of final agreement to
3/11/2021
N IKK
contractor for their signature
N N/A
5
Project Manager
When necessary, contractor -signed agreement
agendized for City Council approval *
*City Council approval required for Professional Services
N 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
4/14/2021
IKK
Attorney with printed copy of this routing form
7
City Attorney
Review and approve hard copy of signed
-IM
agreement
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8
City Attorney
Review and approve insurance in PINS, and bonds
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(for Public Works Contracts)
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
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