HomeMy WebLinkAboutPW 990 Anderson Project CEQA ServicesRev. 08.22 1
AGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN
THE CITY OF SAN RAFAEL
AND
RINCON CONSULTANTS, INC.
FOR 990 ANDERSON PROJECT CEQA SERVICES
This Agreement is made and entered into as of ________________________ (the “Effective
Date”), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation
(hereinafter "CITY"), and RINCON CONSULTANTS, INC., a California corporation (hereinafter
"CONSULTANT"). CITY and CONSULTANT may be referred to individually as a “Party” or
collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
A. CITY desires to secure professional services more fully described in this
Agreement, at Exhibit A, entitled “SCOPE OF SERVICES”; and
B. CONSULTANT represents that it, and its subcontractors, if any, have the
professional qualifications, expertise, and necessary licenses and desire to provide certain goods
and/or required services of the quality and type which meet objectives and requirements of CITY;
and
C. The Parties have specified herein the terms and conditions under which such
services will be provided and paid for.
NOW, THEREFORE, the parties hereby agree as follows:
AGREEMENT
1. SERVICES TO BE PROVIDED.
Except as otherwise may be expressly specified in this Agreement, CONSULTANT shall
furnish all technical and professional services, including labor, material, equipment,
transportation, supervision and expertise (collectively referred to as “Services”) to satisfactorily
complete the work required by CITY at its sole risk and expense. Services to be provided to CITY
are more fully described in Exhibit A entitled “SCOPE OF SERVICES.” CONSULTANT
acknowledges that the execution of this Agreement by CITY is predicated upon representations
made by CONSULTANT in that certain proposal, dated March 14, 2025 (“Proposal”) set forth in
Exhibit A, which constitutes the basis for this Agreement.
2. COMPENSATION.
In consideration for CONSULTANT’s complete performance of Services, CITY shall pay
CONSULTANT for all materials provided and services rendered by CONSULTANT at the unit
rates and rates per hour for labor, as set forth in Exhibit A, for a total amount not to exceed
May 12, 2025
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$39,655.
CONSULTANT will bill City on a monthly basis for Services provided by
CONSULTANT during the preceding month, subject to verification by CITY. CITY will pay
CONSULTANT within thirty (30) days of City’s receipt of invoice.
3. TERM OF AGREEMENT.
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently
modified by a written amendment to this Agreement, the term of this Agreement shall begin on
the Effective Date of this Agreement and terminate on December 31, 2025.
4. PROJECT COORDINATION.
A. CITY’S Project Manager. Margaret Kavanaugh-Lynch 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. Abe Leider 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.
5. TERMINATION.
A. Discretionary. Either party may terminate this Agreement without cause upon thirty
(30) days written notice mailed or personally delivered to the other party.
B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days
written notice mailed or personally delivered to the other party, and the notified party's failure to cure
or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice,
within such fifteen (15) day time period.
C. Effect of Termination. Upon receipt of notice of termination, neither party 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.
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6. 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.
7. 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.
8. 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.
9. INSURANCE REQUIREMENTS.
During the term of this Agreement, and for any time period set forth in Exhibit B,
CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance
policies with respect to employees and vehicles assigned to the performance of Services under this
Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage
verifications as defined in Exhibit B.
10. INDEMNIFICATION.
A. Except as otherwise provided in subparagraph B of this section, 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,
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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.
11. 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.
12. 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.
13. 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.
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14. 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:
Margaret Kavanaugh-Lynch
1400 Fifth Avenue
San Rafael, CA 94901
To CONSULTANT’s Project Director:
Abe Leider
c/o Rincon Consultants, Inc
66 Franklin Street, Ste 300
Oakland, CA 94612
15. 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.
16. 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 terms and conditions of this Agreement shall control.
17. SET-OFF AGAINST DEBTS.
CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT
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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.
18. WAIVERS.
The waiver by either party of any breach or violation of any term, covenant or condition of
this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any
other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation
of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent
acceptance by either party of any fee, performance, or other consideration which may become due or
owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation
by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance
or regulation.
19. 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.
20. 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, and 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).
21. SURVIVAL OF TERMS.
Any terms of this Agreement that by their nature extend beyond the term (or termination) of
this Agreement shall remain in effect until fulfilled and shall apply to both Parties’ respective
successors and assigns.
22. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
23. 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.
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[Signatures are on the following page.]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL:
_________________________________
CRISTINE ALILOVICH, City Manager
APPROVED AS TO FORM:
Office of the City Attorney
_________________________________
By: ANDREA VISVESHWARA,
Chief Assistant City Attorney
ATTEST:
City Clerk
_________________________________
LINDSAY LARA, City Clerk
CONSULTANT:
__________________________________
By: ____________________________
Name: ____________________________
Title: ____________________________
[If CONSULTANT is a corporation, add
signature of second corporate officer]
__________________________________
By: ____________________________
Name: ____________________________
Title: ____________________________
Abe Leider (May 9, 2025 09:04 PDT)
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Rev. 08.22 A-1
EXHIBIT A
SCOPE OF SERVICES
The Services to be performed for CITY by CONSULTANT under this Agreement are more fully
described in CONSULTANT’s proposal, which is attached to this Exhibit A.
Rincon Consultants, Inc.
66 Franklin Street, Suite 300
Oakland, California 94612
510-834-4455
www.rinconcons ultan ts.com
March 14, 2025
Project No: 25-17473
Renee Nickenig
Associate Planner, Community Development Department
City of San Rafael
1400 5th Avenue
San Rafael, California 94901
Via email: Renee.Nickenig@cityofsanrafael.org
Subject: Proposal to Prepare a Categorical Exemption Report with Supporting Technical Studies
for the Proposed 990 Anderson Drive Self Storage Project
Dear Ms. Nickenig:
Rincon Consultants, Inc. is pleased to submit this proposal to assist the City of San Rafael with CEQA
compliance for the 990 Anderson Drive Self Storage Project. We have assembled a team of highly
skilled environmental science and planning professionals who combine extensive technical
qualifications and knowledge of the California Environmental Quality Act (CEQA) with many years of
experience working on similar studies, including air quality, noise, water quality and other reports, as
well as categorical exemption documentation, for hundreds of infill projects in cities throughout the
Bay Area and the state. Our experience with CEQA statewide, including CEQA streamlining and
exemption processes, and our in-house expertise in key environmental topics relevant to this project
give us a unique understanding of and sensitivity to the key issues involved as well as allowing for a
time- and cost-efficient process. We have also worked on a number of self-storage projects throughout
the state.
Leading the team will be Abe Leider, AICP CEP, who will serve as principal in charge and project
manager. He has over 24 years of experience in environmental planning and has led Rincon’s work in
the greater Bay Area for over 14 years. Bill Vosti will oversee the air quality and noise studies. Bill has
10 years of experience preparing air quality, greenhouse gas, and noise technical analyses and is a
program manager in Rincon’s technical services group. Bill is proficient with various noise prediction
models (e.g., CadnaA, SoundPLAN, and the Federal Highway Administration's Traffic Noise Model) and
air quality and greenhouse gas models (e.g., California Line Source Model series, EMission FACtors
Model series, American Meteorological Society/Environmental Protection Agency Regulatory Model,
Hotspots Analysis and Reporting Program, and California Emissions Estimator Model series). Bill has
extensive experience working the Bay Area, including conducting CEQA analyses under the Bay Area
Air Quality Management District thresholds and guidelines. Margo Nayyar will oversee the cultural
resources investigation. Margo is a principal architectural historian with 15 years of experience in
California. Her experience includes built environment surveys, evaluation of historic-era resources
using guidelines outlined in the National Register of Historic Places and the California Register of
Historical Resources, and preparation of cultural resources technical studies pursuant to the California
Environmental Quality Act (CEQA) and Section 106 of the National Historic Preservation Act (NHPA).
Margo meets the Secretary of the Interior's Professional Qualification Standards for history and
architectural history.
This proposal includes (1) our project understanding; (2) our proposed work scope; (3) our proposed
schedule; and (4) our cost estimate.
City of San Rafael
990 Anderson Drive Self Storage Project
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Project Understanding and Approach
The project site is one assessor parcel totaling approximately 142,551 square feet (3.27 acres) on the
southwest side of Anderson Drive approximately 0.3-mile south of its underpass under US Highway
101. The site also has frontage on Jacoby Street in the rear and is developed with four existing self-
storage structures accommodating 893 self-storage units and surface parking. The project would
involve constructing a second level of 525 new storage units above the two larger existing buildings,
bridging the two structures at the new second level. We understand that the overall site configuration
and access would remain the same as under current conditions and that the project would not involve
grading or excavation below existing paving and structures.
The City of San Rafael seeks to determine the appropriate level of CEQA documentation for the
proposed project, and we understand that this may be a Class 32 Categorical Exemption (CE) if it can
be demonstrated that the criteria for this exemption can be met. Class 32 Categorical Exemptions may
be used for environmental review for urban infill development meeting certain conditions. CEQA
Guidelines Section 15332 states that such a CE is appropriate when:
a) The project is consistent with the applicable general plan designation and all applicable general
plan policies as well as with applicable zoning designation and regulations.
b) The proposed development occurs within city limits on a project site of no more than five acres
substantially surrounded by urban uses.
c) The project site has no value as habitat for endangered, rare, or threatened species.
d) Approval of the project would not result in any significant effects relating to traffic, noise, air
quality, or water quality.
e) The site can be adequately served by all required utilities and public services.
Rincon will review the project and site to confirm the project’s eligibility for the exemption in a report
that will also provide an analysis of the potential exceptions to categorical exemptions listed in CEQA
Guidelines Section 15300.2.
Scope of Work
The major tasks involved in preparation of the Class 32 Categorical Exemption Report are described
below.
Task 1: Project Mobilization and Kickoff Meeting
Rincon will obtain and review available project and site information and mobilize our staff to begin the
technical studies and Categorical Exemption (CE) Report. We will attend a brief virtual kickoff meeting
with City staff and, if appropriate, project representatives. The meeting will serve to discuss
fundamental process, scope and approach issues, and as a forum to review and confirm study
objectives and establish an operational protocol. We will finalize working schedules and discuss details
for project tasks. Rincon will use this opportunity to collect any relevant studies and information not
already transmitted. During this phase, we will also visit the project site to observe and photo-
document existing conditions on the site and in the immediate vicinity.
Task 2: Draft Categorical Exemption Report
Rincon Consultants will prepare a CE Report that will include a review of criteria ‘a’ through ‘e’ listed
above. We understand that the City has already determined that criteria ‘a’ and ‘e’ can be met for the
City of San Rafael
990 Anderson Drive Self Storage Project
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project and will provide confirmation in this regard; therefore, our analysis will focus on criteria ‘b,’ ‘c’
and ‘d.’ The report will begin with project and site information as well as a discussion of how the project
qualifies for a Class 32 infill exemption under CEQA. Our scope of work to address specific criteria will
include the following Class 32 environmental topics.
Air Quality
The air quality analysis will consider temporary construction and long-term operational air quality
emissions from the proposed project. The air quality analysis will include the following tasks:
Summarize the existing air quality conditions in the air basin using data from nearby air monitoring
stations available from the California Air Resources Board and the Bay Area Air Quality
Management District (BAAQMD).
Calculate construction and operation emissions of criteria pollutants using the California
Emissions Estimator Model (CalEEMod). Evaluate the significance of air quality impacts based on
the air quality thresholds provided by BAAQMD.
Determine the proposed project’s compliance with applicable air quality plans.
Evaluate the potential for the project to cause odor impacts to off-site uses.
The discussion in the CE Report will summarize the methodology and findings of the analysis and the
report will include an appendix with technical modeling data. Greenhouse gas emissions calculations
are not proposed as part of this scope of work.
Noise
The noise analysis will address the project’s temporary construction and long-term operational noise
impacts through the following tasks:
Describe ambient noise levels using General Plan Noise Element reference levels. No ambient
noise measurements are proposed.
Characterize and analyze temporary construction noise and vibration levels at nearby sensitive
receivers based on project construction equipment.
Quantify the project’s contribution to an off-site traffic noise increase.
Quantify noise generated by the project’s on-site noise generators (i.e., HVAC units).
Compare project noise levels to applicable noise standards.
The CE Report will summarize the methodology and findings of the analysis and will include technical
appendices for modeling results.
Noise and Air Quality Assumptions:
Construction assumptions including total duration, phase durations, and anticipated pieces of
equipment by phase will be provided by the project applicant. If certain information is not available
at this stage of the project, Rincon will make default assumptions based on the project type and
size.
Mechanical equipment details and information including sound level data will be provided by the
applicant, as available.
This scope assumes no overlap of construction phases and no nighttime construction.
City of San Rafael
990 Anderson Drive Self Storage Project
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All data needs are reviewed and approved prior to modeling. Any major changes to the modeling
inputs after beginning modeling may necessitate remodeling which will be charged on a time and
materials basis.
Biological Resources
This discussion will focus on the specific criterion of whether there is habitat for endangered, rare, or
threatened species on the project site. Given the fully developed nature of the site and surroundings,
this section is anticipated to be brief and qualitative.
Traffic
Based on a preliminary review, the project may not require a detailed/technical transportation (vehicle
miles traveled, or VMT) analysis, as it appears that the project would generate approximately 94
additional trips per day based on ITE standard rates for 525 new storage units. This would be below
the screening level of 110 trips per day for VMT impacts. For this task, Rincon will discuss this
approach with the City and, if confirmed, this will form the basis of a brief discussion in the CE Report
for this topic. If the City determines that a more detailed transportation analysis is required, Rincon
will submit a scope of work and cost estimate for the additional services.
Cultural Resources
The Cultural Resources study will proceed as follows and will be summarized in the CE Report under
the exception to exemptions regarding historic resources.
California Historical Resources Information System Records Search. Rincon will conduct a
California Historical Resources Information System (CHRIS) records search of the project site and
a .25-mile radius at the Northwest Information Center (NWIC). The primary purpose of the records
search is to identify previously recorded cultural resources known to exist within or near the project
site. In addition to the resource records and reports, Rincon will review historical maps, the
National Register of Historic Places, California Register of Historical Resources, Built Environment
Resources Directory, and the listing of California Historical Landmarks. The records search will also
reveal the nature and extent of any cultural resources work conducted on or near the project site.
Direct expenses associated with the records search will not exceed $1,200. Record search
requests at NWIC are typically fulfilled in 4-6 weeks.
Cultural Resources Survey. Upon completion of the records search, Rincon will conduct a historic
survey of the project site. A Rincon cultural resources specialist will conduct a built environment
survey of the four buildings within the project site to assess condition and materials. Rincon
assumes that the survey will require one field day to complete by a single cultural resources
specialist, including travel time, and there will be no access issues. No archaeological survey will
be required because the site is fully developed and hardscaped with no exposed natural soils, and
because it is our understanding that no grading or excavation is proposed.
California Register Evaluations. Based on review of historic aerials and assessor built-date records,
there are four buildings up to 49 years of age within the project site. Two of the buildings are
proposed for alteration (addition of a second story) and therefore they require evaluation for
eligibility for the California Register of Historical Resources to determine if the project may impact
a historical resource as defined by CEQA Section 15064.5(a). Rincon will evaluate these two
buildings. The evaluations will include site photographs, description, construction history, historic
context, California Register of Historical Resources criteria analysis, and required figures. The
evaluations will be presented on applicable State of California Department of Parks and Recreation
Series 523 (DPR) forms. These forms will be appended to the cultural resources report.
City of San Rafael
990 Anderson Drive Self Storage Project
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Cultural Resources Memorandum. Rincon will prepare a brief memorandum that will include the
methods and results of the evaluation efforts described above. Draft and final digital copies of the
report will be submitted to the City for review and approval. A copy of the final report will be filed
with the NWIC.
Utilities and Public Services
To address criteria ‘e’ for the use of a CE, this discussion will confirm that the site can be adequately
served by required utilities and public services. This discussion will be based on information provided
by the City.
Exceptions to the Exemption
We will also analyze the project’s potential to trigger any of the exceptions to a CE as listed in CEQA
Guidelines Section 15300.2, which, for Class 32 CEs, include:
Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact
of successive projects of the same type in the same place, over time is significant. This section will
be based on cumulative project information to be provided by the City.
Significant Effect. A categorical exemption shall not be used for an activity where there is a
reasonable possibility that the activity will have a significant effect on the environment due to
unusual circumstances. This section will evaluate whether an unusual circumstance exists in
relation to the project or site. If such a circumstance exists, Rincon will inform the City immediately
to determine the appropriate course of action, which will require additional analysis to determine
whether the unusual circumstance would result in a significant effect on the environment.
Scenic Highways. A categorical exemption shall not be used for a project which may result in
damage to scenic resources, including but not limited to, trees, historic buildings, rock
outcroppings, or similar resources, within a highway officially designated as a state scenic highway.
This does not apply to improvements which are required as mitigation by an adopted negative
declaration or EIR.
Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site
which is included on any list compiled pursuant to Section 65962.5 of the Government Code.
Historical Resources. This discussion will be based on the results of the cultural resources study
described above.
The CE Report will be provided electronically (MS Word format) for City review. Rincon will respond to
two rounds of City comments on the Draft CE Report. Revisions will be provided in MS Word utilizing
the track-changes function.
In the event that our analysis indicates that the project is not eligible for a categorical exemption from
CEQA, Rincon’s Project Manager will inform the City immediately to decide on the appropriate course
of action. The appropriate course of action in that event could include revising our scope of work and
budget to allow for preparation of a Mitigated Negative Declaration or Environmental Impact Report.
Task 3: Final Categorical Exemption Report
Upon City acceptance of revisions to the draft report based on City comments, Rincon will format the
document and provide a clean PDF for posting on the City’s website and/or inclusion in staff report
materials. Rincon will also prepare the Notice of Exemption for City review and signature. We assume
City of San Rafael
990 Anderson Drive Self Storage Project
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the City or project applicant will file the notice with the State Clearinghouse and County Clerk, but
Rincon can assist with these steps if needed at an additional cost.
Project Management
Rincon will use email and virtual meetings with City staff, as needed, during the course of the project
to ensure clear communication. Rincon will prepare monthly invoices with status reports documenting
the progress made each month on completing the project, and review and update the schedule when
necessary.
Schedule
The overall schedule will depend on timing of our receipt of requested project and site information and
City review times. Changes to the project or CEQA approach will require additional budget and a revised
schedule. From receipt of a stable project description and plan set, and assuming timely City reviews
and City comments not requiring a change in approach or major unanticipated new analysis, we
anticipate that the CEQA process as described in this proposal can be complete within approximately
three to four months from authorization to proceed under a mutually agreeable contract.
Kickoff Meeting. Rincon will attend a virtual kickoff meeting within one week of notice to
proceed, City staff schedules permitting.
Draft CE Report. Rincon will submit the Draft CE Report within 8 to 10 weeks of the kickoff
meeting and receipt of all necessary project and site information, including a completed data
request form.
Final CE Report. Rincon will submit the Final CE Report within 1 to 2 weeks of receipt of
comments on the Draft CE Report, assuming comments are generally minor and do not require
additional analysis, changes to the project or revised modeling.
Cost
Rincon can complete the proposed work program for a cost not to exceed $39,655. A breakdown of
our cost by task (not including optional tasks) is summarized in the table below. All services would be
provided on a time and expense reimbursement basis and will be billed in accordance with our
standard fee schedule (attached). Changes to the project or CEQA approach will require additional
budget and a revised schedule.
Task Rincon Staff hours Total
Task 1 Project Mobilization and Kickoff Meeting 9 $2,195
Task 2 Draft Categorical Exemption Report 0
Air Quality and Noise 44 $9,472
Cultural Resources 44 $9,562
Remaining Class 32 Topics and Exceptions to the
Exemption (except cultural resources)
42 $9,842
Task 3 Final Categorical Exemption Report 14 $3,500
Task 4 Project Management 16 $3,800
Reimbursable Expenses (travel, cultural resources records search) $1,284
Total 169 $39,655
City of San Rafael
990 Anderson Drive Self Storage Project
7
Company Qualifications
Rincon Consultants is a multi-disciplinary environmental sciences, planning, and engineering
consulting firm that provides quality professional services to government and industry. Founded in
1994, Rincon has grown to a firm of over 400 professionals located in 12 California offices (Oakland,
Sacramento, San Jose, Monterey, Fresno, San Luis Obispo, Santa Barbara, Ventura, Los Angeles, San
Diego, Riverside, and Carlsbad). Our professionals are experienced in urban, land use, and
environmental (CEQA and NEPA) planning; technical studies including noise, air quality and
greenhouse gasses; cultural resources evaluation and planning; regulatory compliance; biological
resource evaluation and habitat enhancement; soil evaluation and remediation; and related studies.
Our approach is focused on well-designed solutions that respond to our clients’ specific needs in a
cost-effective manner.
Rincon has been preparing CEQA required documentation for clients since 1994. This experience has
provided us a unique perspective on the CEQA process, and we are able to apply that knowledge and
experience to every project we undertake. We are capable of meeting all of Greenview Builders’ needs
for this project and will be able to offer these services on-budget and within specified time frames.
With extensive public sector experience, depth of resources and first-hand knowledge of the
environmental conditions in San Rafael, Rincon can provide a high-quality work product and
responsive service. Rincon maintains the highest commitment to client satisfaction and understands
that good communication is the keystone to a successful client partnership and ultimately providing
excellent service.
All Rincon staff assigned to this project has extensive experience overseeing, managing and preparing
technical studies and CEQA documents, including hundreds of CE Reports, for similar projects with
similar key environmental issues in Marin County and throughout California. References and further
qualifications are available on request and at rinconconsultants.com.
* * *
Thank you for considering Rincon Consultants for this assignment. Please do not hesitate to contact
us if you have questions about this proposal or need additional information.
Sincerely,
Rincon Consultants, Inc.
Abe Leider, AICP CEP
Principal
Phone: 510-671-0175
Email: aleider@rinconconsultants.com
Attachments: Rincon Consultants Standard Fee Schedule 2025
Rincon Consultants, Inc.
Effective January 1, 2025
Standard Fee Schedule for Environmental Sciences and Planning Services
Professional, Technical
and Support Personnel*
Hourly Rate
January 1 –
December 31, 2025
January 1 –
December 31, 2026
January 1 –
December 31, 2027
Senior Principal $330 $342 $354
Principal $318 $329 $341
Director $318 $329 $341
Senior Supervisor II $302 $313 $324
Supervisor I $282 $292 $302
Senior Professional II $264 $273 $283
Senior Professional I $246 $255 $264
Professional IV $218 $226 $234
Professional III $203 $210 $217
Professional II $180 $186 $193
Professional I $160 $166 $172
Associate III $135 $140 $145
Associate II $121 $125 $129
Associate I $113 $117 $121
Field Technician $97 $100 $104
Technical Editor $152 $157 $162
Project Accountant $129 $134 $139
Billing Specialist $111 $115 $119
Publishing Specialist $124 $128 $132
Clerical $111 $115 $119
* Professional classifications include environmental scientists, urban planners, biologists, geologists, marine scientists, GHG verifiers,
sustainability experts, cultural resources experts, data technology experts, and other professionals. Expert witness services consisting of
depositions or in-court testimony are charged at the hourly rate of $400.
Reimbursable Expenses
Direct Cost Rates
Photocopies – B/W $0.25 (single-sided), $0.45 (double-sided)
Photocopies – Color $1.55 (single-sided), $3.10 (double-sided)
Photocopies – 11” by 17” $0.55 (B/W), $3.40 (color)
Oversized Maps $8.50/square foot
Digital Production $15/CD, $20/flash drive
Light-Duty and Passenger Vehicles* $90/day
4WD and Off-Road Vehicles* $150/day
*Current IRS mileage rate for mileage over 50 and for all miles incurred in employee-owned vehicles.
Other Direct Costs. Other direct costs associated with the execution of a project, that are not included in the hourly rates above, are
billed at cost plus 16%. These may include, but are not limited to, laboratory and drilling services, subcontractor services, authorized
travel expenses, permit charges and filing fees, mailings and postage, performance bonds, sample handling and shipment, rental
equipment, and vehicles other than covered by the above charges.
Annual Escalation. Standard rates subject to 3.5% annual escalation, on January 1.
Payment Terms. All fees will be billed to Client monthly and shall be due and payable upon receipt or as indicated in the contract
provisions for the assignment. Invoices are delinquent if not paid within 10 days from receipt or per the contractually required
payment terms.
Rincon Consultants, Inc.
Effective January 1, 2025
Equipment Rate
Environmental Site Assessment
Soil Vapor Extraction Monitoring Equipment $160
Four Gas Monitor $137
Flame Ionization Detector $110
Photo Ionization Detector $82
Hand Auger Sampler $62
Water Level Indicator, DC Purge Pump $46
CAPDash $7,500
Natural Resources Field Equipment
UAS Drone $300
Spotting or Fiberoptic Scope $170
Petterson Bat Ultrasound Detector/Recording Equipment $170
Sound Level Metering Field Package (Anemometer, Tripod and Digital Camera) $113
GPS (Sub‐meter Accuracy) $67
Infrared Sensor Digital Camera or Computer Field Equipment $57
Scent Station $23
Laser Rangefinder/Altitude $11
Pit‐fall Traps, Spotlights, Anemometer, GPS Units, Sterilized Sample Jar $9
Mammal Trap, Large/Small $1.55/$0.55
Water and Marine Resources Equipment
Boat (20 ft. Boston Whaler or Similar) $800
Multi Parameter Sonde (Temp, Cond, Turbidity, DO, pH) with GPS $170
Water Quality Equipment (DO, pH, Turbidity, Refractometer, Temperature) $62
Refractometer (Salinity) or Turbidity Meter $38
Large Block Nets $114
Minnow Trap $98
Net, Hand/Large Seine $57
Field Equipment Packages
Standard Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet, Safety Equipment,
and Botanic Collecting Equipment)
$114
Remote Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet and Mifi, Delorme
Satellite Beacon, 24‐Hour Safety Phone)
$144
Amphibian/Vernal Pool Field Package (Digital Camera, GPS, Thermometer, Decon Chlorine,
Waders, Float Tube, Hand Net, Field Microscope)
$170
Fisheries Equipment Package (Waders, Wetsuits, Dip Nets, Seine Nets, Bubblers, Buckets) $57
Underwater and Marine Sampling Gear (U/W Photo/Video Camera, Scuba Equipment (Tanks, BCD,
Regulators, Wetsuits, etc.)
$57/diver
Marine Field Package (PFDs – Personal Flotation Devices, 100-foot Reel Tapes with Stainless
Carabiners, Pelican Floats, Underwater Slates, Thermometer, Refractometer, Anemometer, Various
Field Guides)
$100
Insurance, Hazard and Fees
Historic Research Fees $55
L&H Dive Insurance $57/diver
Level C Health and Safety $70/person
Rev. 08.22 B-1
EXHIBIT B
INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth below,
CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance
policies with respect to employees and vehicles assigned to the performance of Services under this
Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage
verifications as defined in this Exhibit B.
A. Scope of Coverage. During the term of this Agreement, CONSULTANT shall
maintain, at no expense to CITY, the following insurance policies:
1. Commercial general liability. 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. Automobile liability. An automobile liability (owned, non-owned, and hired
vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) per
occurrence.
3. Professional liability. 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 the right to require CONSULTANT to provide professional
liability insurance pursuant to this section.
4. Workers’ compensation. If it employs any person, CONSULTANT shall
maintain workers’ 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 workers’ 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 workers’ 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
v 08.22 B-2
ISO form CG20 01 04 13.
3. Except for professional liability insurance or workers’ 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
insurance requirements of this Agreement are sufficient to cover the obligations of the
CONSULTANT under this Agreement.
9. CONSULTANT agrees to ensure that subcontractors, and any other party
involved with the Services, who is brought onto or involved in the performance of the Services by
CONSULTANT, provide the same minimum insurance coverage required of CONSULTANT,
except as with respect to limits. CONSULTANT agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this Agreement. CONSUTLANT agrees that upon request by CITY, all
agreements with, and insurance compliance documents provided by, such subcontractors and
others engaged in the performance of Services will be submitted to CITY for review.
10. CONSULTANT agrees to be responsible for ensuring that no contract used
by any party involved in any way with the Services reserves the right to charge CITY or
CONSULTANT for the cost of additional insurance coverage required by this Agreement. Any
v 08.22 B-3
such provisions are to be deleted with reference to CITY. It is not the intent of CITY to reimburse
any third party for the cost of complying with these requirements. There shall be no recourse
against CITY for payment of premiums or other amounts with respect thereto.
C. Deductibles and SIR’s. Any deductibles or self-insured retentions in
CONSULTANT's insurance policies must be declared to and approved by the CITY 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
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 the CITY.
Rincon_990_Anderson_Professional_Service_A
greement_April_09_2025 (1)
Final Audit Report 2025-05-09
Created:2025-05-05
By:Ariel Gutierrez (ariel.gutierrez@cityofsanrafael.org)
Status:Signed
Transaction ID:CBJCHBCAABAAbBcf8dCD-Dcp6U1YgFPFlyjR-f3ouYUq
"Rincon_990_Anderson_Professional_Service_Agreement_April_
09_2025 (1)" History
Document created by Ariel Gutierrez (ariel.gutierrez@cityofsanrafael.org)
2025-05-05 - 6:25:50 PM GMT- IP address: 199.88.113.8
Document emailed to aleider@rinconconsultants.com for signature
2025-05-05 - 6:27:04 PM GMT
Email viewed by aleider@rinconconsultants.com
2025-05-05 - 7:24:58 PM GMT- IP address: 104.47.55.126
Signer aleider@rinconconsultants.com entered name at signing as Abe Leider
2025-05-09 - 4:04:38 PM GMT- IP address: 142.254.25.51
Document e-signed by Abe Leider (aleider@rinconconsultants.com)
Signature Date: 2025-05-09 - 4:04:40 PM GMT - Time Source: server- IP address: 142.254.25.51
Agreement completed.
2025-05-09 - 4:04:40 PM GMT
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
Step RESPONSIBLE
DEPARTMENT
DESCRIPTION COMPLETED
DATE
REVIEWER
Check/Initial
1 Project Manager
a. Email PINS Introductory Notice to Contractor
b. Email contract (in Word) and attachments to City
Attorney c/o Laraine.Gittens@cityofsanrafael.org
Click here to
enter a date.
3/17/2025
☐
☒
2 City Attorney
a. Review, revise, and comment on draft agreement
and return to Project Manager
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
4/7/2025
4/7/2025
☒ NT
☒ NT
3 Department Director Approval of final agreement form to send to
contractor
4/9/2025 ☒ ____
4 Project Manager
Forward three (3) originals of final agreement to
contractor for their signature
5/9/2025 ☒
5 Project Manager When necessary, contractor-signed agreement
agendized for City Council approval *
*City Council approval required for Professional Services
Agreements and purchases of goods and services that exceed
$75,000; and for Public Works Contracts that exceed $175,000
Date of City Council approval
☒ N/A
Or
Click here to
enter a date.
☒
PRINT CONTINUE ROUTING PROCESS WITH HARD COPY
6 Project Manager Forward signed original agreements to City
Attorney with printed copy of this routing form
5/9/25 X
7 City Attorney Review and approve hard copy of signed
agreement
8 City Attorney Review and approve insurance in PINS , and bonds
(for Public Works Contracts)
9 City Manager / Mayor Agreement executed by City Council authorized
official
10 City Clerk Attest signatures, retains original agreement and
forwards copies to Project Manager
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Community and Economic Development
Project Manager: Margaret Kavanaugh-Lynch Extension: Click here to enter text.
Contractor Name: Rincon Consultants, Inc
Contractor’s Contact: Abe Leider Contact’s Email: aleider@rinconconsultants.com
☐ FPPC: Check if Contractor/Consultant must file Form 700
PSA - Rincon Consultants - 990 Anderson
Project CEQA Services
Final Audit Report 2025-05-13
Created:2025-05-12
By:Nataly Torres (nataly.torres@cityofsanrafael.org)
Status:Signed
Transaction ID:CBJCHBCAABAAZY8jh9H9IHUQxXv0eP6enqwtUWpWcZPS
"PSA - Rincon Consultants - 990 Anderson Project CEQA Servic
es" History
Document created by Nataly Torres (nataly.torres@cityofsanrafael.org)
2025-05-12 - 5:04:13 PM GMT- IP address: 199.88.113.8
Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval
2025-05-12 - 5:07:32 PM GMT
Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org)
2025-05-12 - 5:48:06 PM GMT- IP address: 104.47.65.254
Document approved by Laraine Gittens (laraine.gittens@cityofsanrafael.org)
Approval Date: 2025-05-12 - 5:52:20 PM GMT - Time Source: server- IP address: 199.88.113.8
Document emailed to Andrea Visveshwara (andrea.visveshwara@cityofsanrafael.org) for signature
2025-05-12 - 5:52:22 PM GMT
Email viewed by Andrea Visveshwara (andrea.visveshwara@cityofsanrafael.org)
2025-05-12 - 6:19:57 PM GMT- IP address: 104.47.64.254
Document e-signed by Andrea Visveshwara (andrea.visveshwara@cityofsanrafael.org)
Signature Date: 2025-05-12 - 6:20:46 PM GMT - Time Source: server- IP address: 73.66.5.250
Document emailed to city.clerk@cityofsanrafael.org for approval
2025-05-12 - 6:20:48 PM GMT
Email viewed by city.clerk@cityofsanrafael.org
2025-05-12 - 8:33:05 PM GMT- IP address: 24.5.253.74
Document approval delegated to Lindsay Lara (lindsayl@cityofsanrafael.org) by city.clerk@cityofsanrafael.org
2025-05-12 - 8:33:14 PM GMT- IP address: 24.5.253.74
Document approved by Lindsay Lara (lindsayl@cityofsanrafael.org)
Approval Date: 2025-05-12 - 8:33:22 PM GMT - Time Source: server- IP address: 24.5.253.74
Document emailed to cristine.alilovich@cityofsanrafael.org for signature
2025-05-12 - 8:33:23 PM GMT
Email viewed by cristine.alilovich@cityofsanrafael.org
2025-05-13 - 1:58:51 AM GMT- IP address: 174.195.82.5
Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich
2025-05-13 - 1:59:34 AM GMT- IP address: 174.195.82.5
Document e-signed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org)
Signature Date: 2025-05-13 - 1:59:36 AM GMT - Time Source: server- IP address: 174.195.82.5
Document emailed to city.clerk@cityofsanrafael.org for signature
2025-05-13 - 1:59:38 AM GMT
Email viewed by city.clerk@cityofsanrafael.org
2025-05-13 - 1:59:42 AM GMT- IP address: 20.159.64.152
Signer city.clerk@cityofsanrafael.org entered name at signing as Lindsay Lara
2025-05-13 - 2:03:42 AM GMT- IP address: 24.5.253.74
Document e-signed by Lindsay Lara (city.clerk@cityofsanrafael.org)
Signature Date: 2025-05-13 - 2:03:44 AM GMT - Time Source: server- IP address: 24.5.253.74
Agreement completed.
2025-05-13 - 2:03:44 AM GMT