HomeMy WebLinkAboutPW Consultant Services for Canal Community-Based Transportation Plan____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: October 18, 2021
Disposition: Resolution 14987
Agenda Item No: 5.e
Meeting Date: October 18, 2021
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Bill Guerin,
Public Works Director
City Manager Approval: ______________
TOPIC: CONSULTANT SERVICES FOR CANAL COMMUNITY-BASED TRANSPORTATION
PLAN
SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT FOR PROFESSIONAL SERVICES WITH FEHR & PEERS FOR THE
PREPARATION OF THE CANAL COMMUNITY-BASED TRANSPORTATION PLAN
(CBTP) IN AN AMOUNT NOT TO EXCEED $79,750 AND A FUNDING AGREEMENT
WITH TRANSPORTATION AUTHORITY OF MARIN (“TAM”) IN AN AMOUNT NOT TO
EXCEED $66,230
RECOMMENDATION:
Staff recommends that the City Council adopt the attached Resolution, authorizing the City Manager to
sign a Professional Service Agreement with Fehr & Peers to serve as the consultant for the Canal
Community-Based Transportation Plan and to sign a Funding Agreement with the Transportation
Authority of Marin (“TAM”).
BACKGROUND:
A Community-Based Transportation Plan (CBTP) brings local residents, community organizations, and
transportation options together to improve mobility options for low-income communities. These
community-led plans identify the most important transportation challenges in low-income neighborhoods
and develop strategies to overcome them. The City last completed a Community-Based Transportation
Plan (CBTP) for the Canal neighborhood in 2006. Since then, the City has been successful in receiving
additional grant funding for infrastructure improvement projects by leveraging the CBTP. Some projects
include: Medway Road redesign, bus stop improvements, curb extensions, and uncontrolled crosswalk
improvements. The City continues to seek grant funding for projects such as the swing bridge to Third
Street and Bellam Boulevard multi-modal improvements.
The Metropolitan Transportation Authority leads the effort on CBTP’s and TAM is the local funding
authority administering the funds for CBTP’s in Marin County. It should be noted that this study is focused
and local transportation challenges and is unrelated to the larger Highway 101/580 regional direct
connector project that TAM is leading.
ANALYSIS:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Fehr and Peers is a recognized transportation consulting firm that the City has used on several previous
studies. They bring knowledge of similar CBTP’s and staff required to conduct the extensive outreach
required to complete the plan. Fehr & Peers successfully completed a similar plan with a similar budget
in Novato and they also provided their expertise in support of San Rafael’s General Plan and Downtown
Precise Plan that was recently approved by City Council.
FISCAL IMPACT:
TAM is providing the bulk of the funds necessary to complete the plan. They will provide $66,230. The
balance of funds needed will come from the Department of Public Works Traffic Engineering budget.
OPTIONS:
The City Council has the following options to consider regarding this matter:
1. Accept the Proposal for Services and adopt the resolution authorizing the City Manager to execute
a Professional Services Agreement with Fehr & Peers to complete the CBTP and to execute a
Funding Agreement with TAM (staff recommendation); or
2. Reject the Proposal for service and direct staff to solicit additional proposals for the CBTP; or
3. Continue the matter and request additional information.
RECOMMENDED ACTION:
Staff recommends that the City Council adopt the attached Resolution authorizing the City Manager to
sign a Professional Services Agreement with Fehr & Peers to serve as the consultant for the CBTP and
to sign a Funding Agreement with TAM.
ATTACHMENTS:
1. Resolution
2. Draft Professional Services Agreement, with Attachment A to Agreement- Fehr & Peers proposal
for work on the Canal CBTP
3. TAM Funding Agreement
RESOLUTION NO. 14987
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES
WITH FEHR & PEERS FOR THE PREPARATION OF THE CANAL COMMUNITY-BASED
TRANSPORTATION PLAN (CBTP) IN AN AMOUNT NOT TO EXCEED $79,750 AND A
FUNDING AGREEMENT WITH TRANSPORTATION AUTHORITY OF MARIN (“TAM”) IN
AN AMOUNT NOT TO EXCEED $66,230
WHEREAS, the City of San Rafael is looking to update the Canal Community-Based
Transportation Plan (CBTP) in order to be eligible for more transportation-related grant
funding in the Canal area; and
WHEREAS, Fehr & Peers has experience developing CBTPs for other nearby
jurisdictions and recently served on the team updating the General Plan 2040 and Downtown
Precise Plan; and
WHEREAS, at the City’s request, Fehr & Peers has submitted a scope of work and
proposal to complete the CBTP, including a list of anticipated activities/tasks and deliverables
and the hourly rate for performance of these services; and
WHEREAS, the costs associated with Fehr & Peers professional services are partially
paid for by the Transportation Authority of Marin (“TAM”) and the required matching funds are
already budgeted within the Department of Public Works (Traffic Engineering Fund);
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Rafael does hereby approve and authorize the City Manager to execute, on behalf of the City
of San Rafael, an Agreement for Professional Planning Services with Fehr & Peers and an
Agreement for Funding with TAM in the forms included in the Staff Report for this resolution,
subject to final approval as to form by the City Attorney.
I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing resolution
was duly and regularly introduced and adopted at a regular meeting of the City Council of
said City held on Monday, the 18th day of October 2021, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Llorens Gulati
Lindsay Lara, City Clerk
AGREEMENT FOR PROFESSIONAL SERVICES
FOR CANAL COMMUNITY BASED TRANSPORTATION PLAN
Q �
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This Agreement is made and entered into this / day of �d;6k _ , 20,5�/by
and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Fehr & Peers, a corporation
authorized to do business in California (hereinafter "CONSULTANT").
RECITALS
WHEREAS, the CITY requires professional transportation consulting services to update the
Canal Neighborhood Community -Based Transportation Plan (CBTP); and
WHEREAS, the CONSULTANT has agreed to render such services.
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. PROJECT COORDINATION.
A. CITY'S Project Manager. Lauren Davini is hereby designated the PROJECT
MANAGER for the CITY and said PROJECT MANAGER shat l 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. Bob Grandy 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 outlined in
CONSULTANT's proposal, dated July 19, 2021, marked as Exhibit A, attached hereto and
incorporated herein.
DUTIES OF CITY.
CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as
outlined in Exhibit A.
4. COMPENSATION.
For the full performance of the services described herein by CONSULTANT, CITY shall
pay CONSULTANT on a time and materials basis for services rendered in accordance with the rates
shown in Exhibit A, for a total not -to -exceed $79,750.
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 year(s) 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 two years.
6. TERMINATION.
A. Discretionary. Either party may terminate this Agreement without cause upon thirty
(30) days written notice mailed or personally delivered to the other party.
B. Cause. Either party may 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, shall be the sole property of CITY. CITY may
use said property for any purpose, including projects not contemplated by this Agreement.
S. INSPECTION AND AUDIT.
Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for
inspection and audit, all documents and materials maintained by CONSULTANT in connection with
its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY
or its agent in any such audit or inspection.
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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 term of this Agreement, CONSULTANT shall
maintain, at no expense to CITY, the following insurance policies:
1. A commercial general liability insurance policy in the minimum amount of
one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death,
bodily injury, personal injury, or property damage.
2. An automobile liability (owned, non -owned, and hired vehicles) insurance
policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence.
3. If any licensed professional performs any of the services required to be
performed under this Agreement, a professional liability insurance policy in the minimum amount of
one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover
any claims arising out of the CONSULTANT's performance of services under this Agreement.
Where CONSULTANT is a professional not required to have a professional license, CITY reserves
the right to require CONSULTANT to provide professional liability insurance pursuant to this
section.
4. If it employs any person, CONSULTANT shall maintain worker's
compensation insurance, as required by the State of California, with statutory limits, and
employer's liability insurance with limits of no less than one million dollars ($1,000,000) per
accident for bodily injury or disease. CONSULTANT's worker's compensation insurance shall
be specifically endorsed to waive any right of subrogation against CITY.
B. Other Insurance Requirements. The insurance coverage required of the
CONSULTANT in subparagraph A of this section above shall also meet the following requirements:
1. Except for professional liability insurance or worker's compensation
insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers,
agents, employees, and volunteers, as additional insureds (for both ongoing and completed
operations) under the policies.
2. The additional insured coverage under CONSULTANT'S insurance policies
shall be "primary and noncontributory" with respect to any insurance or coverage maintained by
CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The
"primary and noncontributory" coverage in CONSULTANT'S policies shall be at least as broad as
Revised 1/29/2020
ISO form CG20 01 04 13.
3. Except for professional liability insurance or worker's compensation
insurance, the insurance policies shall include, in their text or by endorsement, coverage for
contractual liability and personal injury.
4. By execution of this Agreement, CONSULTANT hereby grants to CITY
a waiver of any right to subrogation which any insurer of CONSULTANT may acquire against
CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to
obtain any endorsement that may be necessary to effect this waiver of subrogation, but this
provision applies regardless of whether or not CITY has received a waiver of subrogation
endorsement from the insurer.
5. If the insurance is written on a Claims Made Form, then, following tennination
of this Agreement, said insurance coverage shall survive for a period of not less than five years.
6. The insurance policies shall provide for a retroactive date of placement
coinciding with the effective date of this Agreement.
7. The limits of insurance required in this Agreement may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a primary and
noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before
CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured.
8. It shall be a requirement under this Agreement that any available insurance
proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or
limits shall be available to CITY or any other additional insured party. Furthermore, the requirements
for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or
(2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds
available to the named insured; whichever is greater. No representation is made that the minimum
Insurance requirements of this agreement are sufficient to cover the obligations of the
CONSULTANT under this agreement.
C. Deductibles and SIR's. Any deductibles or self-insured retentions in
CONSULTANT's insurance policies must be declared to and approved by the PROJECT
MANAGER and City Attorney and shall not reduce the limits of liability. Policies containing any
self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be
satisfied by either the named insured or CITY or other additional insured party. At CITY's option,
the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to
CITY's satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and
related investigations, claims administration, attorney's fees and defense expenses.
D. Proof of Insurance. CONSULTANT shall provide to the PROJECT MANAGER
or CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance
coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement
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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 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
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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:
TO CONSULTANT's Project Director:
16. INDEPENDENT CONTRACTOR.
Lauren Davini
City of San Rafael
111 Morphew Street
San Rafael, CA 94901
Fehr & Peers
Attn: Bob Grandy
100 Pringle Avenue Suite 600
Walnut Creek, CA 94596
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
Revised 1/29/2020
the CITY. CONSULTANT and CITY expressly intend and agree that the status of
CONSULTANT, its officers, agents and employees be that of an Independent Contractor and not
that of an employee of CITY.
17. ENTIRE AGREEMENT -- AMENDMENTS.
A. The terms and conditions of this Agreement, all exhibits attached, and all documents
expressly incorporated by reference, represent the entire Agreement of the parties with respect to the
subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or written,
regarding the subject matter between the CONSULTANT and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the subject
matter of this Agreement, shall be valid or binding, except by way of a written amendment to this
Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified except
by a written amendment to this Agreement signed by the CONSULTANT and the CITY.
E. If any conflicts arise between the terms and conditions of this Agreement, and the
terms and conditions of the attached exhibits or the documents expressly incorporated by reference,
the terms 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 term, condition, covenant of this Agreement or any applicable law, ordinance
or regulation.
20. COSTS AND ATTORNEY'S FEES.
The prevailing party in any action brought to enforce the terns and conditions of this
Agreement, or arising out of the perfonnance of this Agreement, may recover its reasonable costs
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(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 terms of this Agreement that by their nature extend beyond the teen (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.
(Signatures on next page)
Revised 1/29/2020
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year
first above written.
CITY OF SAN RAFAEL
ATTEST:
LINDSAY LARA, City Clerk
APPROVED AS TO FORM:
L4-Udj"1--
ROBERT F. EPSTEIN, ity Attorney
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CONSULTANT
I'M
Name: Chris Mitchell
Title: President/CEO
[If CONSULTANT is a corporation, add signature of
second corporate officer]
Name: Lysa Wollard
Title: Chief Financial Officer
Exhibit A
FEHRtPEERS
July 19, 2021
Rafat Raie
City of San Rafael
111 Morphew Street
San Rafael, CA 94901
Subject: Proposal to Update Canal Neighborhood CBTP
Dear Rafat:
Fehr & Peers appreciates the opportunity to submit this proposal to prepare an update to the Canal
Neighborhood Community -Based Transportation Plan (CBTP) completed in 2006. This proposal
builds on direction provided by City Public Works and Community Development staff on our recent
June 28 call as well as scopes for prior CBTP studies completed for TAM in 2015.
WORK PLAN
Attachment A provides a detailed work plan that describes key work tasks and deliverables
including an engagement plan, an existing conditions summary, meeting agenda packets and
notes, a summary of outreach activities, and the Draft and Final version of the updated CBTP. The
scope also includes six committee meetings (three TAC meetings and three Stakeholder Committee
meetings) and attendance at one City Council Meeting.
FEE AND SCHEDULE
Fehr & Peers would complete Tasks 1 through 7 for a budget of $79,750. The budget includes a
$10,000 stipend for a community-based organization to support the CBTP engagement process.
Invoices will be submitted monthly on a time -and -materials basis. We will prepare a detailed
schedule with City staff that meets the grant deadline for completing a Final CBTP by May 2022,
assuming receipt of notice to proceed by September 1, 2021. We appreciate the opportunity to
submit this proposal. Please do not hesitate to call me at (415) 426-2520 if you have any questions.
Sincerely,
FEHR & PEERS
&' )'_ i✓14 _61",
Bob Grandy, TE
Principal
P27 -2200 -SF
345 California Street I Suite 450 1 San Francisco, CA 94104 1 (415) 348-0300
www.fehrandpeers.com
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VITIS ioI _,
Fehr & Peers' Scope of Services outlines our approach and project deliverables. The scope builds on
previous planning and engagement efforts completed in the Canal District as part of the recent San Rafael
General Plan 2040 Update effort and documented in the March 20, 2020 document titled History, Safety,
Parking, and Quality of life for Latinos in San Rafael: Community Engagement and Urban Planning for the
Next 20 Years prepared by Ricardo Huerta Nino and Communities in Collaboration, LLC (in partnership with
Voces del Canal Leadership Team and Canal Alliance). Just under half the scope and budget is devoted to
gathering additional input and direction from the Canal community including the project Stakeholder
Committee. A smaller portion (about 15 percent) of the scope and budget is dedicated to original analysis
of transportation strategies identified by the community or by our consultant team to address
transportation needs and barriers. We will use the analysis budget to focus on topics and answer questions
highlighted by the community in the first half of the project.
TASK 1: PROJECT INITIATION
Project Goals, Objectives, and Detailed Schedule
Fehr & Peers will work with City staff to review and finalize project goals, objectives, and schedule and
discuss public outreach activities. We assume one round of revisions may be made to the work plan and a
draft schedule.
Project Review Committees
The task of recruiting committee members (Technical Advisory Committee, Community Stakeholder
Committee) will be the responsibility of the City of San Rafael staff. Fehr & Peers will collaborate with City
of San Rafael staff in the development of a candidate list of committee members for consideration.
Technical Advisory Committee: Comprised of city staff and agency partners that may include staff from
Marin Transit, Golden Gate Transit, TAM, and Marin County Health & Human Services (Employment and
Training Branch).
Stakeholder Committee: Comprised of Canal community leaders and supporting organizations that may
include representatives from Canal Alliance, Voces del Canal, Bahia Vista and Laurel Dell Elementary Schools,
Davidson Middle School, San Rafael High School, Conservation Corps North Bay, Mission Evangelica Peniel,
Pickleweed Library, Marin Community Clinics (access to new planned clinics outside Canal neighborhood),
Community Action Marin, and Multicultural Center of Marin.
Deliverable #1A Draft Goals, Objectives, and Schedule
Deliverable #1 B Final Goals, Objectives, and Schedule + Committee Listserves
TASK 2: EXISTING CONDITIONS SUMMARY
A first step for this task will be a benchmarking evaluation of the 2006 Canal Neighborhood CBTP
recommendations, and other study recommendations relevant to the Canal Neighborhood, to identify what
has and has not been accomplished on previous plan wish lists.
Al
ATTACHMENT A
WORK PLAN
The Draft Existing Conditions Summary will contain four sections: Community Profile, Transportation
Context, a summary of Community Engagement input obtained from Canal Neighborhood stakeholders as
part of the recent General Plan Update, and Relevant Studies/Reports/Plans. The summary will build on
available demographic and traffic data as collection of new data is not included in the work plan. The
summary will be presented to the TAC for review and comment prior to transmittal to the Stakeholder
Committee in Task 3. At this meeting, the TAC will discuss the existing conditions summary and provide
recommendations for subsequent elements of the studies.
Deliverable #2A Draft Existing Conditions Summary for the Canal Neighborhood
Deliverable #2113 Preparation and facilitation of TAC Meeting #1, summary notes
Deliverable #2C Final Existing Conditions Summary (PPT Deliverable)
TASK 3: INITIATE COLLABORATIVE PLANNING AND OUTREACH PROCESS
Fehr & Peers has experience engaging low-income and primarily Spanish-speaking communities. Using
lessons learned from these past experiences, there are three principles of engagement that we would follow
in the Canal Neighborhood:
Make it easy. Create project information materials and event notifications in Spanish and English
that are easy to understand and access.
Make it relevant. Send a clear message as to why the project matters and how public input will
help shape the community's future.
Go to where the people are. Use grassroots organization techniques to generate enthusiasm about
the project and gather feedback in a setting frequented by neighborhood residents.
The success of a community engagement program lies within the proper identification of the target
audiences, communication channels, and venues. Fehr & Peers will work with City staff to invite and include
Canal Alliance representatives on the team, to be funded through a $10,000 stipend, to help make these
identifications for inclusion in the draft Canal Neighborhood Community Outreach Plan. Preliminary ideas
are included in Task 4, below. The Consultant Team will present the draft outreach plan to the Stakeholder
Committee for review and refinement.
Deliverable #3A PowerPoint presentations on the planning process, scope of work, schedule, and
proposed outreach plan
Deliverable #3113 Preparation and facilitation of Stakeholder Committee Meeting #1, summary notes
Deliverable #3C Final Canal Neighborhood Community Outreach Plan detailing specific target
audiences, communication channels, venues, and engagement strategies.
TASK 4: IMPLEMENT COMMUNITY OUTREACH PLAN
Community engagement for the CBTP will build on recent input collected as part of outreach efforts for the
San Rafael General Plan Update, the San Rafael Bicycle and Pedestrian Master Plan, and the March 20, 2020
A.
ATTACHMENT A
WORK PLAN
document titled History, Safety, Parking, and Quality of life for Latinos in San Rafael: Community Engagement
and Urban Planning for the Next 20 Years. The input collected for each of these efforts was robust and
provides a strong foundation from which to start CBTP outreach. The following engagement strategies are
recommended to inform the CBTP. These strategies will be confirmed with Canal Alliance and the
Stakeholder Committee:
1. Spread the Word — with support from City staff, members of the Stakeholder Committee, team
member Canal Alliance, and other interested groups, Fehr & Peers will publicize the project goals,
timeline, and ways to participate. This will include social media, website notice, email distribution
and postings on transit, transit stops, and in local markets.
2. Gather Transit Input via Surveys
and Drop -In Sites — We will
develop a simple electronic and
paper survey to gather input from
transit riders and potential transit
riders. The survey will be translated
into Spanish, distributed
electronically via neighborhood
organizations, apartment
complexes and business
associations, offered as a paper
survey at local gathering spots such
as Pickleweed Library, and
administered as an intercept survey
at local bus stops. The Consultant
Team will administer the intercept
surveys and host up to three
(3) drop-in hours at local gathering spots.
3. Gather General Input via Focus Groups — The Team will work with City staff to conduct two focus
groups. The conversations will aim to confirm transportation -related pain points identified in the
previous Canal Neighborhood engagement efforts and add any new concerns that have manifested
in the time since those plans were completed. The group will also be asked to prioritize
improvement project types. These focus groups will be facilitated by Fehr & Peers and will be hosted
by a local community organization. The make-up of these groups will be determined at part of Task
3. If desired, the Stakeholder Committee could be one of the focus groups. Focus groups may be
conducted entirely in Spanish if invitees indicate that as their preference on the RSVP form.
4. Host Open House to Facilitate Review of Draft Plan - Key elements of the Draft Plan and
Implementation Plan described in Task 6 will be presented to the general public for feedback in
an Open House format with different stations for different components of the Plan. This event
would take place at a local community center such as a school, library or park and would include
food and activities for children.
Deliverable #4A Announcement content for survey and open house (social and traditional media)
A-3
GtiIL[Oaulnuff-1
[►il 19 I:' I. I LI
Deliverable #413 Survey development, language to support distribution, in-person intercept and
drop-in surveying, and compiled results
Deliverable #4C Notice, agenda, questions, facilitation of focus groups and summaries (up to 2)
Deliverable #413 Agenda, materials, and facilitation of open house
Deliverable #4E Final report of community outreach efforts
The Consultant Team will provide one consolidated round of revisions to all outreach materials and will
provide Spanish translation of all engagement materials.
TASK 5: IDENTIFY TRANSPORTATION GAPS AND POTENTIAL SOLUTIONS
In this task, Fehr & Peers will conduct a technical analysis to assess the key gaps in the transportation
networks for the Canal neighborhood study area.
The first part of the task will be to organize the findings from the initial phase of community outreach into
distinct gap categories. We expect the gaps to generally fall into mode -based categories, such as transit,
bicycle, pedestrian, and automobile -specific categories, although some may be multi -modal in nature. Once
categorized, any similar or overlapping gaps can be assessed to determine overarching themes upon which
to focus recommendations. To facilitate this task, a spreadsheet will be developed to categorize information
on gaps, recommendations, and with a grading system for each gap category. This will provide a simple
structure that will facilitate the ranking process. Effectiveness and feasibility criteria will be developed and
included in the spreadsheet, which will be the basis of the final grading. Throughout the process, the focus
of the consultant team, when working with the TAC, will be on the feasibility of fixes for identified issues.
As part of this task, the following information will be identified for each recommendation:
Preliminary identification of order -of -magnitude costs
o Use recent capital and operational costs in Marin County and neighboring counties
Potential funding sources
o Many are provided in the 2006 Canal Neighborhood CBTP which will be
updated/supplemented by our knowledge of new Federal legislation and local/regional
grant programs
Potential for effective and/or efficient implementation
a Lessons learned from the benchmarking assessment of the Canal Neighborhood CBTP and
relevant San Rafael reports (Task 3) will be applied to the new CBTP so that potential
solutions are those that are demonstrably implementable, and that identified barriers are
at least known and preferably mitigated through our proposals.
The draft presentation will outline a prioritized list of the gaps and associated improvements. Cost effective
transit improvements will be key to addressing gaps in the Canal Neighborhood, and Fehr & Peers will draw
upon technical expertise in this field with shuttles and other bus service, to determine the best possible
transit solutions to bridge the gaps identified. We will collaborate with Marin Transit and Golden Gate
Transit to explore the feasibility, cost, and timing of potential transit solutions. Fehr & Peers will also draw
upon our wide-ranging expertise in active transportation (which includes access to the bicycle & pedestrian
technical discipline group) to propose inclusive, effective, and context -sensitive active transportation
solutions.
A4
ATTACHMENT A
TAC and Stakeholder Committee Meetings
At these meetings, the consultant team will present a preliminary list of prioritized recommendations. To
help facilitate the ranking discussion, the consultant will prepare a preliminary scoring system, whereby
each gap will have an associated rating on a three-point Likert scale relating to: cost-effectiveness, number
of people impacted, effectiveness of potential solutions, and most importantly the level of community
support. The consultant team will also predetermine the consistency of potential solutions with relevant
planning and policy documents.
Deliverable #5A Presentation summarizing transportation gaps and potential solutions identified
during the first phase of outreach, including initial technical analysis on range of
solutions and initial prioritization of potential solutions
Deliverable #5113 Preparation and facilitation of TAC Meeting #2, summary notes
Deliverable #5C Preparation and facilitation of Stakeholder Committee Meeting #2, summary notes
TASK 6: DRAFT COMMUNITY-BASED TRANSPORTATION PLAN
Fehr & Peers will assemble the task -level technical and outreach reports into a draft action plan. As part of
this task, we will work with the TAC to develop an Implementation Plan, which will include an initial
prioritized program of transportation improvements matched with potential funding streams. The program
will categorize projects that can be implemented in the next 6 months (quickbuild), <2 years, 2-5 years, 5-
10 years, and long-range/visionary. Key elements of the Draft Plan and Implementation Plan will be
presented to key stakeholders and the general public for feedback in an Open House format. Our budget
assumes one round of revisions to the Draft Plan and PowerPoint based on one set of consolidated
comments.
Fehr & Peers will meet with the TAC to review the feedback from the Open House and comments on the
Draft CBTP. The Stakeholder Committee will then convene to review the final direction from the TAC and
provide final comments on the CBTP.
Deliverable #6A Draft Community -Based Transportation Plan and PowerPoint presentation
Deliverable #6113 Preparation, facilitation and summary from TAC Meeting #3
Deliverable #6C Preparation, facilitation and summary from Stakeholder Committee Meeting #3
TASK 7: PREPARE AND PRESENT FINAL COMMUNITY-BASED TRANSPORTATION PLAN
In this final task, Fehr & Peers will prepare the final plan for presentation to the San Rafael City Council. We
will work with members of the Stakeholder Committee and participants from the outreach process to
develop presentation materials and will attend these final meetings in a support role. We assume one round
of revisions to these materials based on a set of consolidated comments.
Deliverable #7A Final Community -Based Transportation Plan and PowerPoint presentation
Deliverable #7113 Attendance and Presentation at the San Rafael City Council meeting
A-5
FEHR�PEERS
2021-2022
(July 2021 through June 2022)
Hourly Billing Rates
Classification
Hourly Rate
Principal
$220.00 -
$350.00
Senior Associate
$195.00 -
$290.00
Associate
$160.00 -
$245.00
Senior Engineer/Planner
$145.00 -
$195.00
Engineer/Planner
$115.00 -
$170.00
Senior Engineering Technician
$135.00 -
$200.00
Senior Project Accountant
$165.00 -
$170.00
Senior Project Coordinator
$120.00 -
$175.00
Project Coordinator
$105.00 -
$140.00
Technician
$120.00 -
$155.00
Intern
$90.00 -
$110.00
• 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 (56
cents per mile as of Jan 2021).
• 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.
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TAM AGREEMENT A-FY19-08
FUNDING AGREEMENT
BETWEEN
TRANSPORTATION AUTHORITY OF MARIN
AND
CITY OF SAN RAFAEL
This AGREEMENT is made this _______ day of _______________________, 202__, by and between
the Transportation Authority of Marin, hereinafter referred to as “TAM”, a local public agency, and the
City of San Rafael, hereinafter referred to as “RECIPIENT”, a local public agency.
SECTION 1. RECITALS
1. The One Bay Area Grant (OBAG) Program is the Metropolitan Transportation Commission’s
(MTC’s) funding approach that attempts to integrate the region’s federal transportation program with
California’s climate law (Senate Bill 375, Steinberg, 2008) and the Sustainable Communities Strategy.
2. In November 2015, MTC adopted guidelines for funding distribution from OBAG Cycle 2 that
covers a five-year period from FY 17/18 to FY 21/22.
3. TAM’s share of OBAG 2 funds amounted to $10,870,000.
4. MTC also set aside a minimum amount for each county for CMA planning and administrative
activities, referred as “CMA Planning Funds.”
5. The MTC set aside for CMA planning and administrative activities (referred as “CMA Planning
Funds”) for the five-year period is $3,822,000, leaving $7,048,000 for projects and programs.
6. On July 1, 2017, TAM and MTC entered into agreement to establish the terms on the CMA
Planning Funds and allow projects with CMA Planning Funds to proceed.
7. On July 1, 2018, TAM and MTC entered into a supplement agreement to augment the $3,822,000
in CMA Planning Funds with an additional $75,000 for work associated with the Community Based
Transportation Plan in San Rafael.
8. In discussions with the City of Rafael, TAM is providing $66,230 in local funds to the City of
Rafael for work on the San Rafael Community Based Transportation Plan.
SECTION 2. PURPOSE OF FUNDING AGREEMENT
This AGREEMENT is entered into by and between TAM and RECIPIENT to document the funding
conditions necessary for the RECIPIENT to comply with applicable law and TAM policies. This
AGREEMENT consists of additional documents stated in these sections as being attached hereto and
incorporated in the AGREEMENT by reference.
SECTION 3. PROJECT DEFINITION AND SCOPE
This AGREEMENT, is made for the following purposes identified in the RECIPIENT’s Project
Information Sheet (EXHIBIT A):
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Community Based Transportation Plan
Additional information on project scope is included in the Project Information Sheet.
SECTION 4. GRANT
As approved by the TAM Board on March 28, 2019, TAM hereby grants to the RECIPIENT the sum of
$66,230 in local funding.
SECTION 5. COST ELIGIBILITY
All costs incurred by RECIPIENT prior to the date of execution of this AGREEMENT shall be ineligible
for reimbursement by TAM. While the costs of the Project shall be eligible for reimbursement in
accordance with the terms of this AGREEMENT, the timing and amount of reimbursement will be
subject to TAM’s discretion, based on available revenues and other anticipated project requests.
SECTION 6. BUDGET AND SCOPE
RECIPIENT shall maintain a project or program budget. RECIPIENT shall carry out the project and
shall incur obligations against and make disbursements of the grant in conformity with TAM’s
requirements and the budget.
SECTION 7. PROJECT MANAGEMENT
RECIPIENT shall be responsible for the project and provide management of consultant and contractor
activities for which RECIPIENT contracts, including responsibility for schedule, scope, and budget,
consistent with TAM’s resolution allocating the grant unless otherwise agreed upon in writing.
SECTION 8. PROJECT OVERSIGHT
RECIPIENT shall cooperate with TAM’s project management team and shall provide any requested
project information.
SECTION 9. ATTRIBUTION AND SIGNAGE
If any portion of grant funds is used for production of reports, acknowledgment of the TAM’s role shall
be included in the documents. If any portion of grant funds is used for construction, RECIPIENT shall,
upon initiation of field work or at the earliest feasible time thereafter, install and maintain a sign at the
construction site identifying TAM (e.g., TAM and RECIPIENT’s logos) as a partner. For non-
construction capital purchases funded by any portion of grant funds, RECIPIENT shall affix permanent
signage identifying TAM as a funding source. RECIPIENT shall demonstrate compliance with attribution
and signage requirements as an indispensable condition for authorization of reimbursements for project
expenses.
SECTION 10. PRESS RELEASES
RECIPIENT shall notify TAM in advance of any press releases about project and program activities,
particularly groundbreakings and ribbon cuttings, in connection to grant funds expended from this
AGREEMENT.
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SECTION 11. COMPLIANCE WITH LAW
In the performance of its obligations pursuant to this AGREEMENT, RECIPIENT shall keep itself fully
informed of the federal, state and local laws, ordinances and regulations in any manner affecting the
performance of this Agreement, and must at all times comply with such laws, ordinances, and regulations
as they may be amended from time to time.
SECTION 12. ENVIRONMENTAL COMPLIANCE
RECIPIENT shall undertake all environmental mitigation measures that may be identified as
commitments in applicable documents (such as environmental assessments, environmental impact
statements and reports, and memoranda of agreement) and comply with any conditions imposed as a part
of a finding of no significant impact or a record of decision; all such mitigation measures are incorporated
in this AGREEMENT by reference. Recipient shall be responsible for obtaining all necessary
environmental permits for performance of work.
SECTION 13. FINANCES
All costs charged to the project shall be supported by properly prepared and documented time records,
invoices, or vouchers evidencing in detail the nature and propriety of the charges and the basis for the
percentage charged to TAM.
SECTION 14. RECORDS
All checks, payrolls, invoices, contracts, vouchers, journal entries, work orders, or other accounting
documents pertaining in whole or in part to the project shall be maintained by RECIPIENT for a period of
five (5) years after the later of project closeout or termination of grant. Such project documents shall be
clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other
similar documents not pertaining to the project.
SECTION 15. REIMBURSEMENTS
Payment shall be made by TAM for costs reimbursable under the terms of this AGREEMENT. Payment
to RECIPIENT of the grant shall be upon written approval by TAM, upon submittal by RECIPIENT of
appropriate support documentation and identification of expenses incurred.
RECIPIENT may make a request for exceptions in writing. Exceptions may be made at the sole
discretion of TAM. Reimbursement requests, with appropriate documentation, may be submitted on a
regular basis but no more frequently than monthly.
Each reimbursement request shall include RECIPIENT’s certification that the amounts sought are only
for project elements included in the Project Information Sheet, and that RECIPIENT is in compliance
with TAM’s requirements mentioned in this AGREEMENT.
SECTION 16. ELIGIBLE EXPENSES
RECIPIENT shall expend funds only on eligible expenses as follows: operating costs, direct staff time
(salary and benefits), consultants; right of way engineering and acquisition costs (including permitting),
and competitively bid construction contracts. Indirect costs (as defined by OMB Circular A-87) will not
be considered an eligible expense.
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TAM shall provide notice to RECIPIENT of any and all expenditures made by RECIPIENT which are
not in compliance with this AGREEMENT promptly after TAM becomes aware of any such expenditure.
SECTION 17. AUDITS
TAM reserves the right at any time to conduct or require a financial or performance audit of the
RECIPIENT'S compliance with this AGREEMENT. TAM will give advance notice of the requirement.
RECIPIENT shall permit TAM, or any of its duly authorized representatives, to inspect all work,
materials, payrolls, and other data and records with regard to the project, and to audit the books, records,
and accounts of the RECIPIENT and its contractors with regard to the project.
SECTION 18. THIRD PARTY CONTRACT AUDITS
TAM reserves the right to request an audit of other third party contracts for any reason. If RECIPIENT is
subject to third party financial audit requirements imposed by another funding source, copies of audits
performed in fulfillment of such requirements shall be provided to the TAM.
SECTION 19. CLOSEOUT PROCEDURES AND PROJECT CLOSEOUT REPORT
Project closeout occurs either when TAM notifies RECIPIENT of the project closeout or forwards to
RECIPIENT the final grant payment. RECIPIENT shall provide to TAM a copy of the final CBTP report
with the final reimbursement request. RECIPIENT shall provide supporting documentation for
expenditures and revenues from its accounting and financial management system. RECIPIENT shall
certify that the amounts sought are only for project elements included in the Project Information Sheet.
Upon request by TAM or discovery by RECIPIENT, after the project completion date or termination by
TAM, RECIPIENT shall submit a certified financial statement identifying all ineligible expenditures,
which the RECIPIENT shall be required to refund, as well as third party audit reports, in the event that
ineligible expenditures were reimbursed with funds from this AGREEMENT. Project closeout shall
not terminate any continuing obligations imposed on the RECIPIENT by this AGREEMENT.
SECTION 20. RESCISSION OF AUTHORIZATION OF FUNDS
TAM reserves the right to rescind its authorization of unneeded grant funds prior to, or at the time of,
project closeout. Funds are determined to be unneeded if they are uncommitted at time of project
closeout.
SECTION 21. TERMINATION FOR CAUSE
RECIPIENT agrees that, upon ten (10) working days written notice, TAM may suspend or terminate all
or part of the financial assistance provided herein for failure to correct a breach of this AGREEMENT.
Any failure to make reasonable progress, inconsistency with the Project Information Sheet, unauthorized
use of grant funds as specified in this AGREEMENT, or other violation of the AGREEMENT that
significantly endangers substantial performance of the project shall be deemed to be a breach of this
AGREEMENT and cause for termination. Upon mutual consent, RECIPIENT will repay TAM any
unexpended funds originally provided under this Agreement.
SECTION 22. CORRECTION OF BREACH
With respect to any breach, which is reasonably capable of being cured, RECIPIENT shall have thirty
(30) days from the date of notice of breach to initiate steps to cure. If RECIPIENT diligently pursues
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cure, such RECIPIENT shall be allowed a reasonable time to cure or by a time established in writing by
TAM.
SECTION 23. LIABILITY
Neither TAM nor any officer or employee thereof, shall be responsible for any damage or liability
occurring by reason of anything done or omitted to be done by RECIPIENT under or in connection with
any work, authority, or jurisdiction delegated to RECIPIENT under this AGREEMENT. It is also
understood and agreed that pursuant to Government Code Section 895.4, RECIPIENT shall fully defend,
indemnify and hold TAM harmless from any liability imposed for injury (as defined by Government
Code Section 810.8) occurring by reason of anything done or omitted to be done by RECIPIENT under or
in connection with any work, or jurisdiction delegated to RECIPIENT under this AGREEMENT.
Neither RECIPIENT nor any officer or employee thereof, shall be responsible for any damage or liability
occurring by reason of anything done or omitted to be done by TAM under or in connection with any
work, authority, or jurisdiction delegated to TAM under this AGREEMENT. It is also understood and
agreed that pursuant to Government Code Section 895.4, TAM shall fully defend, indemnify and hold
RECIPIENT harmless from any liability imposed for injury (as defined by Government Code Section
810.8) occurring in by reason of anything done or omitted to be done by TAM under or in connection
with any work, authority, or jurisdiction delegated to TAM under this AGREEMENT.
In the event of concurrent negligence of RECIPIENT and TAM, the liability for any and all claims for
injuries or damages to persons and/or property shall be apportioned under the California theory of
comparative negligence as presently established or as may hereafter be modified.
SECTION 24. OBLIGATIONS
In general, termination of financial assistance under this AGREEMENT will not invalidate obligations
properly incurred by RECIPIENT before the termination date; to the extent those obligations cannot be
canceled.
SECTION 25. INTEGRATION
This AGREEMENT represents the entire AGREEMENT of the parties with respect to the subject matter
thereof. No representations, warranties, inducements or oral agreements have been made by any of the
parties except as expressly set forth herein, or in other contemporaneous written agreements.
SECTION 26. AMENDMENT
Except as otherwise provided herein, this AGREEMENT may not be changed, modified or rescinded
except in writing, signed by all parties hereto, and any attempt at oral modification of this AGREEMENT
shall be void and of no effect.
SECTION 27. INDEPENDENT AGENCY
RECIPIENT performs the terms and conditions of this AGREEMENT as an entity independent of TAM.
None of RECIPIENT'S agents or employees shall be agents or employees of TAM.
SECTION 28. ASSIGNMENT
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The AGREEMENT may not be assigned, transferred, hypothecated, or pledged by any party without the
express written consent of the other party.
SECTION 29. BINDING ON SUCCESSORS, ASSIGNEES OR TRANSFEREES
This AGREEMENT shall be binding upon the successor(s), assignee(s) or transferee(s) of TAM or
RECIPIENT as may be the case. This provision shall not be construed as an authorization to assign,
transfer, hypothecate or pledge this AGREEMENT other than as provided above.
SECTION 30. EXPENSES
Each party shall be solely responsible for and shall bear all of its own respective legal expenses in
connection with any dispute arising out of this AGREEMENT and the transactions hereby contemplated.
RECIPIENT may not use GRANT funds, or other TAM programmed funds, for the aforementioned
purpose.
SECTION 31. SEVERABILITY
Should any part of this AGREEMENT be declared unconstitutional, invalid, or beyond the authority of
either party to enter into or carry out, such decisions shall not affect the validity of the remainder of this
AGREEMENT, which shall continue in full force and effect; provided that the remainder of this
AGREEMENT can, absent the excised portion, be reasonably interpreted to give effect to the intentions
of the parties.
SECTION 32. EXHIBITS
The following Exhibits are hereby made part of this AGREEMENT:
EXHIBIT A: Project Information Sheet
SECTION 33. ACCEPTANCE OF GRANT
RECIPIENT does hereby declare that all written statements, representations, covenants, and materials
submitted as a condition of this AGREEMENT are true and correct and does hereby accept TAM’s grant
and agrees to all of the terms and conditions of this AGREEMENT. The parties have executed this
AGREEMENT as of the date first written above.
City of San Rafael: Transportation Authority of Marin (TAM):
By: _______________________________
_______________________________
Print Name
_______________________________
Print Title
By: _______________________________
Anne Richman, Executive Director
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Approved as to form (optional):
By: _______________________________
City of San Rafael, Attorney
_______________________________
Print Name
