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PW 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 X.x RAFq�! 2 �, yo r�rY WITH 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 f 15 8 City Attorney Review and approve insurance in PINS, and bonds l�u (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 [(p Ll