HomeMy WebLinkAboutPW Safe Streets Grant Appliation Support ServicesAGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN
THE CITY OF SAN RAFAEL
AND
FEHR & PEERS
FOR SAFE STREETS AND ROADS FOR ALL GRANT APPLICATION SUPPORT
SERVICES
This Agreement is made and entered into as of May 11, 2023 (the "Effective
Date"), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation
(hereinafter "CITY'), and FEHR & PEERS, 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
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 complete the
work required by CITY at its sole risk and expense and in accordance with this Agreement.
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
27, 2023 ("Proposal") set forth in Exhibit A, which constitutes the basis for this Agreement.
CONSULTANT will perform the Services in accordance with the professional skill and
care ordinarily exercised by professionals practicing in the same or similar locality under the
same or similar circumstances to that of CONSULTANT under this Agreement.
CONSULTANT will perform its Services as expeditiously as is consistent with such
professional skill and care and the orderly progress of the project.
Rev. 08.22
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
$25,000.
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 July 31, 2023.
4. PROJECT COORDINATION.
A. CITY'S Project Manager. Nhat Phan 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. Erin Ferguson 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 parry'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 parry 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
08.22 2
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.
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.
However, notwithstanding the foregoing, any use of such documents and materials for any other
project or purpose not authorized in writing by CONSULTANT, any changes to such
documents and materials made by anyone other than CONSULTANT, and any use of
incomplete documents and materials shall be at CITY's or any other user's sole risk, and
CONSULTANT shall bear no liability for any such unauthorized use, reuse, or modifications
to such documents and materials.
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 reasonably
approved by CITY, and hold harmless CITY, its officers and employees (collectively, the "City
Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of
any kind, including but not limited to reasonable 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
08.22
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' 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 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,
08.22 4
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.
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:
Nhat Phan/ Traffic Engineer
111 Morphew Street
San Rafael, CA 94901
15. INDEPENDENT CONTRACTOR.
To CONSULTANT's Project Director:
Erin Ferguson
345 California Street, Suite 450
San Francisco, CA 94104
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.
08.22
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
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. 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).
20. 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.
21. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
22. 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
v 08.22
transmission.
[Signatures are on the following page.]
08.22
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL:
Jim Sc-May11,20 39 PDT
JIM SCHUTZ, City Manager
APPROVED AS TO FORM:
Office of the City Attorney
By: GENEVIEVE COYLE,
Assistant City Attorney
ATTEST:
City Clerk
Srenna Nurmi (far)
Brenna Nurmi (for) (May 11, 202310:41 PDT)
LINDSAY LARA, City Clerk
v 08.22 8
CONSULTANT:
A�
By. Fehr & Peers
Name: Chris Mitchell
Title: President
[If CONSULTANT is a corporation, add
signature of second corporate officer]
?ea&6z— a. A
By: Fehr & Peers
Name: Matthew Ridgway
Title: Principal
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.
Rev. 08.22 A-1
Exhibit FEHR�PEERS
March 27, 2023
Mr. Rafat Raie
Deputy Director of Public Works
City of San Rafael
111 Morphew Street
San Rafael, CA 94901
Subject: Proposal to Provide Support for Safe Streets and Roads for All Grant
Application Process
Dear Rafat:
Fehr & Peers appreciates the opportunity to support the City of San Rafael in pursuing funding
through the Safe Streets and Roads for All (SS4A) grant program. We have been engaged in
learning about the new SS4A program, are familiar with the grant requirements, and have
supported other agencies with successful applications. Based on our conversation with you, we
will prepare a grant application to secure additional funding to enable the City to develop a
Comprehensive Safety Action Plan in combination with the City's effort to develop an updated
active transportation plan.
We have identified Erin Ferguson, PE, RSP21 to serve as our Project Manager and Bob Grandy, TE,
to serve as our Principal -in -Charge. Erin brings grant writing expertise on SS4A and other safety
grant programs, having prepared applications on behalf of numerous local agencies. We are
confident that we bring the City of San Rafael the right mix of grant expertise and local
knowledge to develop a competitive grant application under the SS4A program.
The following presents our proposed scope of work for this effort.
Scope of Work
Task 1 Initiation, Coordination, and Project Management
Fehr & Peers will prepare for and conduct a virtual one -hour kick-off meeting with the City's
project manager and other key individuals. In that meeting, we will:
• Confirm roles and schedule for milestones.
• Identify any key safety stakeholders who could be designated as "partners" in the City's
grant application.
• Confirm that the City has registered with grants.gov and has a UEI number, which is
required for grant application and can take up to four weeks to obtain.
• Discuss the City's required 20% matching funds, which cannot come from federal sources.
345 California Street I Suite 450 1 San Francisco, CA 94104 1 (415) 348-0300 1 Fax (415) 773-1790
www fehrandpeers.com
Mr Rafat Raie
City of San Rafael
March 27 2023 is
Page 2 of 6
• Clarify if any formal action by City Council needs to occur prior to the grant application
submittal and adjust our schedule to accommodate that step if necessary.
Fehr & Peers will conduct bi-weekly, 30-minute virtual check -in calls with the City to address
issues or questions as they arise and maintain the overall schedule.
This task includes monthly progress reports and invoices.
Deliverables
• Virtual one -hour kick-off meeting
• Bi-weekly, 30-minute virtual check -in calls
• Monthly invoices and progress reports
Task 2 Action Plan Scope, Budget, and Schedule
Fehr & Peers will work with the City to determine the scope, schedule, and budget of the
Comprehensive Safety Action Plan (CSAP) the City will create with SS4A grant funding.
Developing the CSAP budget is a required element of the grant application. Developing the CSAP
scope and schedule will help make the City's application more competitive and help position the
City to use the grant funds to fulfill the program's expectations of CSAP development within 24
months of establishing their grant agreement with USDOT when awarded the funding.
For reference, we have included as an attachment the required components of a CSAP, which will
be incorporated into the CSAP scope prepared under this task.
Deliverables
• Draft and final CSAP scope, schedule, and budget
Task 3 Draft and Final Action Plan Grant Application
The Action Plan Grant Application consists of the following elements:
Standard Forms
a. Application for Federal Assistance (SF-424)
b. Budget Information for Non -Construction Programs (SF-424A)
c. Assurances for Non -Construction Programs (SF-424B)
d. Disclosure of Lobbying Activities (SF-LLL)
2. Key Information
3. Narrative in Response to Three Selection Criteria
a. Safety Impacts — Up to three pieces of quantitative data, two which come from
the federal database for fatal collisions (FARS) and an option to include fatal
collision data from a local database.
Mr. Rafat Raie
City of San Rafael
March 27, 2023
Page 3 of 6
b. Equity— Presence of underserved communities as defined by USDOT.
c. Additional Safety Considerations — Up to 300 words to respond to how the
jurisdiction will consider any of the following in the development of the Action
Plan
i. Employ low-cost, high -impact strategies that can improve safety over a
wider geographical area;
ii. Engage with a variety of public and private stakeholders (e.g., inclusive
community engagement, community benefit agreements, etc.);
iii. Seek to adopt innovative technologies or strategies to promote safety
and equity; and
iv. Include evidence -based projects or strategies.
4. Self -Certification Eligibility Worksheet (if applying for action plan supplemental activities
or implementation funding)
5. Map
6. Budget
7. Other Documents —We recommend including the CSAP scope of work and letters of
support under this section.
Fehr & Peers will use the application aids prepared by SS4A program administrators to develop a
draft application. We will request that the City provide information to support completion of
select standard forms.
While not required for the grant application, we recommend the City include under "Other
Documents" the following additional elements to improve the competitiveness of the City's
application.
• CSAP scope and schedule to demonstrate the City's intent to fulfill the program's
expectations for a publicly available Action Plan (prepared by Fehr & Peers in Task 2)
• Letters of support from key elected officials and other partners to illustrate the City's
commitment to following through with an Action Plan consistent with the program's
expectations (prepared by Fehr & Peers in Task 3)
• Named "partners" (e.g., non-profit community group, local law enforcement, school
districts) to further illustrate commitment to developing a robust Action Plan (identified
in collaboration in Task 1)
Fehr & Peers will prepare a final version of the complete application based on one round of
consolidated City comments on the draft. Per the grant program requirements, the City must be
the ones who submit the final application through grants.gov.
Deliverables
• Letters of support
Mr Rafat Raie
City of San Rafael
March 27, 2023
Page 4 of 6
• Draft and final action plan grant application
Fee and Schedule
Fehr & Peers will perform the above scope of services for a fee of $25,000.
In anticipation of a grant application deadline in June 2023, we will work with the City to prepare
materials in April and May 2023, with all materials finalized and ready for submission in advance
of the grant application deadline.
Please contact me at e.ferguson@fehrandoeers.corr� or at 415-255-5963 with questions.
Sincerely,
FEHR & PEERS
Erin Ferguson, PE, RSP21
Principal
Attachment:
Comprehensive Safety Action Plan (CSAP) Required Components
Mr Rafat Raie
City of San Rafael
March 27, 2023
Page 5 of 6
Attachment I. Comprehensive Safety Action Plan Required
Components
An official public commitment (e.g., resolution, policy, ordinance, etc.) by a
high-ranking official and/or governing body (e.g., Mayor, City Council, Tribal
Council, MPO Policy Board, etc.) to an eventual goal of zero roadway fatalities
and serious injuries. The commitment must include a goal and timeline for
Leadership eliminating roadway fatalities and serious injuries achieved through one, or
Commitment and both, of the following:
Goal Setting 1. the target date for achieving zero roadway fatalities and
serious injuries, OR
2. an ambitious percentage reduction of roadway fatalities and
serious injuries by a specific date with an eventual goal of
eliminating roadway fatalities and serious injuries.
Planning
A committee, task force, implementation group, or similar body charged with
Structure
oversight of the Action Plan development, implementation, and monitoring.
Analysis of existing conditions and historical trends that provides a baseline
level of crashes involving fatalities and serious injuries across a jurisdiction,
locality, Tribe, or region. Includes an analysis of locations where there are
crashes and the severity of the crashes, as well as contributing factors and crash
types by relevant road users (motorists, people walking, transit users, etc.).
Safety Analysis
Analysis of systemic and specific safety needs is also performed, as needed
(e.g., high -risk road features, specific safety needs of relevant road users, public
health approaches, analysis of the built environment, demographic, and
structural issues, etc.). To the extent practical, the analysis should include all
roadways within the jurisdiction, without regard for ownership. Based on the
analysis performed, a geospatial identification of higher -risk locations is
developed (a High -Injury Network or equivalent).
Robust engagement with the public and relevant stakeholders, including the
private sector and community groups, that allows for both community
Engagement &
representation and feedback. Information received from engagement and
Collaboration
collaboration is analyzed and incorporated into the Action Plan. Overlapping
jurisdictions are included in the process. Plans and processes are coordinated
and aligned with other governmental plans and planning processes to the
extent practical.
Plan development using inclusive and representative processes. Underserved
Equity
communities are identified through data and other analyses in collaboration
Considerations
with appropriate partners.8 Analysis includes both population characteristics
and initial equity impact assessments of the proposed projects and strategies.
Assessment of current policies, plans, guidelines, and/or standards (e.g.,
Policv and
manuals) to identify opportunities to improve how processes prioritize
Process Changes
transportation safety. The Action Plan discusses implementation through the
adoption of revised or new policies, guidelines, and/or standards, as
appropriate.
Mr Rafat Raie FT
of San Rafael ,T
March 27, 2023
Page 6 of 6
Identification of a comprehensive set of projects and strategies, shaped by data,
the best available evidence and noteworthy practices, as well as stakeholder
input and equity considerations, that will address the safety problems described
in the Action Plan. These strategies and countermeasures focus on a Safe
System Approach, effective interventions, and consider multidisciplinary
Strategy and
activities. To the extent practical, data limitations are identified and mitigated.
Project
Selections
Once identified, the list of projects and strategies is prioritized in a list that
provides time ranges for when the strategies and countermeasures will be
deployed (e.g., short-, mid-, and long-term timeframes). The list should include
specific projects and strategies, or descriptions of programs of projects and
strategies, and explains prioritization criteria used. The list should contain
interventions focused on infrastructure, behavioral, and/or operational safety.
Method to measure progress overtime after an Action Plan is developed or
updated, including outcome data. Means to ensure ongoing transparency is
Progress and
established with residents and other relevant stakeholders. Must include, at a
Transparency
minimum, annual public and accessible reporting on progress toward reducing
roadway fatalities and serious injuries, and public posting of the Action Plan
online.
�. 7
FEHR�PEERS
2022-2023
(July 2022 through June 2023)
Hourly Billing Rates
Classification
Hourly Rate
Principal
$240.00
$375.00
Senior Associate
$205.00
$300.00
Associate
$175.00
$255.00
Senior Engineer/Planner
$160.00
$215.00
Engineer/Planner
$130.00
$175.00
Senior Engineering Technician
$150.00
$215.00
Senior Project Accountant
$170.00
$190.00
Senior Project Coordinator
$130.00
$180.00
Project Coordinator
$120.00
$170.00
Technician
$150.00
$170.00
Intern
$95.00
$140.00
• Other Direct Costs / Reimbursable expenses are invoiced at cost plus 10% for
handling.
• Personal auto mileage is reimbursed at the then current IRS approved rate (58.5
cents per mile as of Jan 2022).
• Voice & Data Communications (Telephone, fax, computer, e-mail, etc.) are invoiced
at cost as a percentage of project labor.
Fehr & Peers reserves the right to change these rates at any time with or without advance notice.
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
Rev. 08.22 B-1
ISO form CG20 0104 13.
3. Except for professional
insurance, the insurance policies shall include,
contractual liability and personal injury.
liability insurance or workers' compensation
in their text or by endorsement, coverage for
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
08.22 B-2
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 parry. 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.
08.22 B-3
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CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Public Works
Project Manager: Nataly Torres (for Nhat Phan) Extension: 3353
Contractor Name: Fehr & Peers
Contractors Contact: Erin Ferguson Contact's Email: e.ferguson@fehrandpeers.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
4/20/2023
Attorney c/o Laraine.Gittens@cityofsanrafael.org
MINT
2
City Attorney
a. Review, revise, and comment on draft agreement
4/21/2023
and return to Project Manager
4/21/2023
❑X NT
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
0 NIT
3
Department Director
Approval of final agreement form to send to
4/21/2023
0 AM
contractor
4
Project Manager
Forward three (3) originals of final agreement to
4/25/2023
contractor for their signature
5
Project Manager
When necessary, contractor -signed agreement
❑X N/A
agendized for City Council approval *
*City Council approval required for Professional Services
❑X
Agreements and purchases of goods and services that exceed
Or
$75,000; and for Public Works Contracts that exceed $175,000
Click here to
Date of City Council approval
enter a date.
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
6
Project Manager
Forward signed original agreements to City
Attorney with printed copy of this routing form
7
City Attorney
Review and approve hard copy of signed
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
PSA - Fehr & Peers- SS4A Grant support
Final Audit Report 2023-05-11
Created: 2023-05-11
By: Nataly Torres (nataly.ton-es@cityofsanrafael.org)
Status: Signed
Transaction ID: CBJCHBCAABAAlS_L-Lbm13sTTzsWsDGiNrZfOSVDJlom
"PSA - Fehr & Peers- SS4A Grant support" History
Document created by Nataly Torres (nataly.torres@cityofsanrafael.org)
2023-05-11 - 0:51:44 AM GMT
'. Document emailed to c.mitchell@fehrandpeers.com for signature
2023-05-11 - 0:56:23 AM GMT
Email viewed by c.mitchell@fehrandpeers.com
2023-05-11 - 1:00:04 AM GMT
b0 Signer c.mitchell@fehrandpeers.com entered name at signing as Chris Mitchell
2023-05-11 - 1:02:25 AM GMT
60 Document e-signed by Chris Mitchell (c.mitchell@fehrandpeers.com)
Signature Date: 2023-05-11 - 1:02:27 AM GMT - Time Source: server
24 Document emailed to Matthew Ridgway (m.ridgway@fehrandpeers.com) for signature
2023-05-11-1:02:29 AM GMT
Email viewed by Matthew Ridgway (m.ridgway@fehrandpeers.com)
2023-05-11 - 3:46:28 AM GMT
4t Document e-signed by Matthew Ridgway (m.ridgway@fehrandpeers.com)
Signature Date: 2023-05-11 - 3:47:20 AM GMT - Time Source: server
�'. Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval
2023-05-11 - 3:47:21 AM GMT
Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org)
2023-05-11 - 3:49:06 PM GMT
60 Document approved by Laraine Gittens (laraine.gittens@cityofsanrafael.org)
Approval Date: 2023-05-11 - 4:08:19 PM GMT - Time Source: server
PowereSAN RAFAEL Adobe
1 F. "s'° Acrobat Sign
L7+ Document emailed to Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) for signature
2023-05-11 - 4:08:20 PM GMT
Email viewed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org)
2023-05-11 - 5:23:57 PM GMT
6o Document e-signed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org)
Signature Date: 2023-05-11 - 5:24:26 PM GMT - Time Source: server
Py Document emailed to city.clerk@cityofsanrafael.org for approval
2023-05-11 - 5:24:28 PM GMT
Email viewed by city.clerk@cityofsanrafael.org
2023-05-11 - 5:28:29 PM GMT
60 Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi
2023-05-11 - 5:28:39 PM GMT
6e Document approved by Brenna Nurmi(city.clerk@cityofsanrafael.org)
Approval Date: 2023-05-11 - 5:28:41 PM GMT - Time Source: server
2+ Document emailed to jim.schutz@cityofsanrafael.org for signature
2023-05-11 - 5:28:42 PM GMT
,n Email viewed by jim.schutz@cityofsanrafael.org
2023-05-11 - 5:38:46 PM GMT
do Signer jim.schutz@cityofsanrafael.org entered name at signing as Jim Schutz
2023-05-11 - 5:39:27 PM GMT
6e Document e-signed by Jim Schutz (jim.schutz@cityofsanrafael.org)
Signature Date: 2023-05-11 - 5:39:29 PM GMT - Time Source: server
P4 Document emailed to city.clerk@cityofsanrafael.org for signature
2023-05-11 - 5:39:31 PM GMT
Email viewed by city.clerk@cityofsanrafael.org
2023-05-11 - 5:40:57 PM GMT
6o Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi (for)
2023-05-11 - 5:41:16 PM GMT
6o Document e-signed by Brenna Nurmi (for)(city.clerk@cityofsanrafael.org)
Signature Date: 2023-05-11 - 5:41:18 PM GMT - Time Source: server
Agreement completed.
2023-05-11 - 5:41:18 PM GMT
SAN RAFAEL '—red 6v
Adobe
Acrobat Sign