HomeMy WebLinkAboutPW Citywide Storm Drain Project____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: May 20, 2024
Disposition: Authorized the City Manager to enter into a Professional Services Agreement with
Schaaf & Wheeler Consulting Civil Engineers to develop San Rafael’s Citywide Storm Drain Plan, in
the amount not to exceed $331,303, and appropriate funds for the agreement
Agenda Item No: 4.e
Meeting Date: May 20, 2024
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Joanna Kwok, Assistant Public
Works Director
April Miller, Public Works Director
City Manager Approval: ______________
TOPIC: CITYWIDE STORM DRAIN PLAN PROJECT
SUBJECT: AUTHORIZE THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES
AGREEMENT WITH SCHAAF & WHEELER CONSULTING CIVIL ENGINEERS (S&W)
TO DEVELOP SAN RAFAEL’S CITYWIDE STORM DRAIN PLAN, IN THE AMOUNT
NOT TO EXCEED $331,303, AND APPROPRIATE FUNDS FOR THE AGREEMENT
RECOMMENDATION:
Authorize the City Manager to enter into a Professional Services Agreement with Schaaf & Wheeler
Consulting Civil Engineers to develop San Rafael’s Citywide Storm Drain Plan, in the amount not to
exceed $331,303, and appropriate funds for the agreement.
BACKGROUND:
The City of San Rafael’s storm drain system undergoes routine maintenance and incremental repairs as
part of the Annual Corrugated Metal Pipe (CMP) replacement program. Current maintenance activities
and CMP replacements, which are identified during routine storm drain systems maintenance, are
prioritized based on available resources, such as staff time and funding. Additionally, the storm drain
system’s aging infrastructure and the need for additional capacity due to environmental changes require
immediate attention. As such, City staff recommends developing a comprehensive storm drain systems
plan summarizing the conditions and needs of the existing storm drain system and prioritizing
recommended improvements and maintenance measures.
ANALYSIS:
The Citywide Storm Drain Plan (CSDP) will deliver a comprehensive storm drain systems plan based on
a phased approach. The CDSP will determine system needs, associated costs, and priorities for
consideration during the programming of future Capital Improvement Program (CIP) projects. Phase one
would consist of data collection and assessing the current condition of our storm drain system, as well
as developing a maintenance and inspection plan to improve resilience against flooding events. Phase
Two would include drafting the City’s drainage design standards. Phase Three consists of optional tasks
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
that may be included in the project’s scope in the future, such as modeling to evaluate the performance
of the drainage system and identifying locations of capacity deficiency. The CSDP will assist in
coordinating storm drain improvements to avoid cutting into newly paved streets, updating condition
assessment, developing drainage models, CIP planning, financial & asset planning, and making
considerations for sea level and groundwater rise.
The City released a Request for Proposals (RFP) for this project on February 6, 2024, and received four
proposals from qualified firms. All firms were evaluated by City staff based on criteria specified in the
RFP, including, but not limited to, completeness of the proposal, relevant experience and success in
similar projects, experience and quality of project team, understanding of the project scope of work, ability
to meet deadlines and operate within budget, and references by former clients on similar projects. City
staff found Schaaf and Wheeler Consulting Civil Engineers (“S&W”) and their sub-consultants to be the
most qualified consultant team for this project. S&W’s proposal was found to be complete and within
industry standards.
The recommended professional services agreement with S&W will provide professional services
associated with developing San Rafael’s Citywide Storm Drain Plan, including project management, field
verification, inventory, and condition assessment of the City’s drainage system, development of
stormwater projects to be included in the City’s Capital Improvement Program, and delivery of a draft and
final storm drain CSDP report.
FISCAL IMPACT:
The Citywide Storm Drain Plan is identified in the 2023-24 Capital Improvement Program. This agreement
will be funded with an appropriation of $331,303 from available fund balance with the Stormwater Fund
(205).
OPTIONS:
The City Council has the following options to consider on this matter:
1. Authorize the City Manager to enter into the agreement and budget appropriation as
recommended.
2. Do not authorize the City Manager to enter into the agreement nor budget appropriation and
provide further direction to staff.
RECOMMENDED ACTION:
Authorize the City Manager to enter into a Professional Services Agreement with Schaaf & Wheeler
Consulting Civil Engineers to develop San Rafael’s Citywide Storm Drain Plan, in the amount not to
exceed $331,303, and appropriate funds for the contract.
ATTACHMENT:
1. Draft PSA with Schaaf & Wheeler Consulting Civil Engineers to develop Citywide Storm Drain
Plan
DR
A
F
T
Rev. 08.22 1
AGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN
THE CITY OF SAN RAFAEL
AND
SCHAAF & WHEELER, CONSULTING CIVIL ENGINEERS
FOR CITYWIDE STORM DRAIN PLAN SERVICES
This Agreement is made and entered into as of ________________________ (the “Effective
Date”), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation
(hereinafter "CITY"), and SCHAAF & WHEELER, CONSULTING CIVIL ENGINEERS, a
California corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT may be
referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this
Agreement.”
RECITALS
A. CITY desires to secure professional services more fully described in this
Agreement, at Exhibit A, entitled “SCOPE OF SERVICES”; and
B. CONSULTANT represents that it, and its subcontractors, if any, have the
professional qualifications, expertise, and necessary licenses and desire to provide certain goods
and/or required services of the quality and type which meet objectives and requirements of CITY;
and
C. The Parties have specified herein the terms and conditions under which such
services will be provided and paid for.
NOW, THEREFORE, the parties hereby agree as follows:
AGREEMENT
1. SERVICES TO BE PROVIDED.
Except as otherwise may be expressly specified in this Agreement, CONSULTANT shall
furnish all technical and professional services, including labor, material, equipment,
transportation, supervision and expertise (collectively referred to as “Services”) to satisfactorily
complete the work required by CITY at its sole risk and expense. Services to be provided to CITY
are more fully described in Exhibit A entitled “SCOPE OF SERVICES.” CONSULTANT
acknowledges that the execution of this Agreement by CITY is predicated upon representations
made by CONSULTANT in that certain proposal, dated April 26, 2024 (“Proposal”) set forth in
Exhibit A, which constitutes the basis for this Agreement.
2. COMPENSATION.
In consideration for CONSULTANT’s complete performance of Services, CITY shall pay
CONSULTANT for all materials provided and services rendered by CONSULTANT for Phase
DR
A
F
T
v 08.22 2
1 and Phase 2, at the unit rates and rates per hour for labor, as set forth in Exhibit A, for a total
amount not to exceed $331,303.
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 30 months from Effective Date.
4. PROJECT COORDINATION.
A. CITY’S Project Manager. Joanna Kwok 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. Robin Lee is hereby designated as the PROJECT DIRECTOR for
CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement
require a substitute PROJECT DIRECTOR, for any reason, the CONSULTANT shall notify the
CITY within ten (10) business days of the substitution.
5. TERMINATION.
A. Discretionary. Either party may terminate this Agreement without cause upon thirty
(30) days written notice mailed or personally delivered to the other party.
B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days
written notice mailed or personally delivered to the other party, and the notified party's failure to cure
or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice,
within such fifteen (15) day time period.
C. Effect of Termination. Upon receipt of notice of termination, neither party shall
incur additional obligations under any provision of this Agreement without the prior written consent
of the other.
D. Return of Documents. Upon termination, any and all CITY documents or materials
provided to CONSULTANT and any and all of CONSULTANT's documents and materials
prepared for or relating to the performance of its duties under this Agreement, shall be delivered to
CITY as soon as possible, but not later than thirty (30) days after termination.
DR
A
F
T
v 08.22 3
6.OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by the CONSULTANT in connection with
the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may
use said property for any purpose, including projects not contemplated by this Agreement.
7.INSPECTION AND AUDIT.
Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for
inspection and audit, all documents and materials maintained by CONSULTANT in connection with
its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY
or its agent in any such audit or inspection.
8.ASSIGNABILITY.
The parties agree that they shall not assign or transfer any interest in this Agreement nor the
performance of any of their respective obligations hereunder, without the prior written consent of the
other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising
hereunder shall be void and of no effect.
9.INSURANCE REQUIREMENTS.
During the term of this Agreement, and for any time period set forth in Exhibit B,
CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance
policies with respect to employees and vehicles assigned to the performance of Services under this
Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage
verifications as defined in Exhibit B.
10.INDEMNIFICATION.
A.Except as otherwise provided in subparagraph B of this section, CONSULTANT
shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by
CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the
“City Indemnitees”), from and against any claim, demand, suit, judgment, loss, liability or
expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and
fees of litigation, (collectively “CLAIMS”), arising out of CONSULTANT’S performance of its
obligations or conduct of its operations under this Agreement. The CONSULTANT's obligations
apply regardless of whether or not a liability is caused or contributed to by the active or passive
negligence of the City Indemnitees. However, to the extent that liability is caused by the active
negligence or willful misconduct of the City Indemnitees, the CONSULTANT's indemnification
obligation shall be reduced in proportion to the City Indemnitees’ share of liability for the active
negligence or willful misconduct. In addition, the acceptance or approval of the
CONSULTANT’s work or work product by the CITY or any of its directors, officers or
employees shall not relieve or reduce the CONSULTANT’s indemnification obligations. In the
event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding
arising from CONSULTANT’S performance of or operations under this Agreement,
DR
A
F
T
v 08.22 4
CONSULTANT shall provide a defense to the City Indemnitees or at CITY’S option reimburse
the City Indemnitees their costs of defense, including reasonable attorneys’ fees, incurred in
defense of such claims.
B. Where the services to be provided by CONSULTANT under this Agreement are
design professional services to be performed by a design professional as that term is defined under
Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil
Code sections 2782, 2782.6 and 2782.8, CONSULTANT shall indemnify and hold harmless the
CITY and its officers, officials, and employees (collectively City Indemnitees) from and against
damages, liabilities or costs (including incidental damages, Court costs, reasonable attorney’s fees
as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in
connection therewith and costs of investigation) to the extent they are caused by the negligence,
recklessness, or willful misconduct of CONSULTANT, or any subconsultants, or subcontractor
or anyone directly or indirectly employed by them, or anyone for whom they are legally liable
(collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not
apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct
of such City Indemnitee.
C. The defense and indemnification obligations of this Agreement are undertaken in
addition to, and shall not in any way be limited by, the insurance obligations contained in this
Agreement, and shall survive the termination or completion of this Agreement for the full period
of time allowed by law.
11. NONDISCRIMINATION.
CONSULTANT shall not discriminate, in any way, against any person on the basis of age,
sex, race, color, religion, ancestry, national origin or disability in connection with or related to the
performance of its duties and obligations under this Agreement.
12. COMPLIANCE WITH ALL LAWS.
CONSULTANT shall observe and comply with all applicable federal, state and local laws,
ordinances, codes and regulations, in the performance of its duties and obligations under this
Agreement. CONSULTANT shall perform all services under this Agreement in accordance with
these laws, ordinances, codes and regulations. CONSULTANT shall release, defend, indemnify and
hold harmless CITY, its officers, agents and employees from any and all damages, liabilities,
penalties, fines and all other consequences from any noncompliance or violation of any laws,
ordinances, codes or regulations.
13. NO THIRD PARTY BENEFICIARIES.
CITY and CONSULTANT do not intend, by any provision of this Agreement, to create in
any third party, any benefit or right owed by one party, under the terms and conditions of this
Agreement, to the other party.
DR
A
F
T
v 08.22 5
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:
Joanna Kwok/ Assistant Public Works Director
111 Morphew Street
San Rafael, CA 94901
To CONSULTANT’s Project Director:
Robin Lee
4699 Old Ironsides Dr, Suite 3
Santa Clara, CA 95050
15. INDEPENDENT CONTRACTOR.
For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers,
agents and employees shall act in the capacity of an Independent Contractor, and not as employees of
the CITY. CONSULTANT and CITY expressly intend and agree that the status of
CONSULTANT, its officers, agents and employees be that of an Independent Contractor and not
that of an employee of CITY.
16. ENTIRE AGREEMENT -- AMENDMENTS.
A. The terms and conditions of this Agreement, all exhibits attached, and all documents
expressly incorporated by reference, represent the entire Agreement of the parties with respect to the
subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or written,
regarding the subject matter between the CONSULTANT and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the subject
matter of this Agreement, shall be valid or binding, except by way of a written amendment to this
Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified except
by a written amendment to this Agreement signed by the CONSULTANT and the CITY.
E. If any conflicts arise between the terms and conditions of this Agreement, and the
terms and conditions of the attached exhibits or the documents expressly incorporated by reference,
the terms and conditions of this Agreement shall control.
17. SET-OFF AGAINST DEBTS.
CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT
under this Agreement, any monies which CONSULTANT owes CITY under any ordinance,
DR
A
F
T
v 08.22 6
agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or
other amounts.
18. WAIVERS.
The waiver by either party of any breach or violation of any term, covenant or condition of
this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any
other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation
of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent
acceptance by either party of any fee, performance, or other consideration which may become due or
owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation
by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance
or regulation.
19. COSTS AND ATTORNEY'S FEES.
The prevailing party in any action brought to enforce the terms and conditions of this
Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs
(including claims administration) and attorney's fees expended in connection with such action.
20. CITY BUSINESS LICENSE / OTHER TAXES.
CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY
business license as required by the San Rafael Municipal Code, and CONSULTANT shall pay any
and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for
any work performed under this Agreement, until CONSULTANT has provided CITY with a
completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and
Certification).
21. SURVIVAL OF TERMS.
Any terms of this Agreement that by their nature extend beyond the term (or termination) of
this Agreement shall remain in effect until fulfilled and shall apply to both Parties’ respective
successors and assigns.
22. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
23. COUNTERPARTS AND ELECTRONIC SIGNATURE.
This Agreement may be executed by electronic signature and in any number of counterparts,
each of which shall be deemed an original, but all of which together shall constitute one document.
Counterpart signature pages may be delivered by telecopier, email or other means of electronic
transmission.
DR
A
F
T
v 08.22 7
[Signatures are on the following page.]
DR
A
F
T
v 08.22 8
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL:
_________________________________
CRISTINE ALILOVICH, City Manager
APPROVED AS TO FORM:
Office of the City Attorney
_________________________________
By: GENEVIEVE COYLE,
Assistant City Attorney
ATTEST:
City Clerk
_________________________________
LINDSAY LARA, City Clerk
CONSULTANT:
__________________________________
By: ____________________________
Name: ____________________________
Title: ____________________________
[If CONSULTANT is a corporation, add
signature of second corporate officer]
__________________________________
By: ____________________________
Name: ____________________________
Title: ____________________________
DR
A
F
T
Rev. 08.22 A-1
EXHIBIT A
SCOPE OF SERVICES
The Services to be performed for CITY by CONSULTANT under this Agreement are more fully
described in CONSULTANT’s proposal, which is attached to this Exhibit A.
San Rafael SDMP Scope of Work – FINAL DRAFT
Schaaf & Wheeler 1
Scope of Work – PHASE 1
Task 1. Project Management
Project management is a critical task to ensure that the master plan is completed on time and
within budget. Any issues will be brought up as they arise and summarized in bi-weekly
meetings.
Task 1.1 – Kickoff Meeting
Kickoff meeting will be attended by two (2) Schaaf & Wheeler staff. It is recommended that
kickoff for maintenance and operation be held separately. This meeting can be in person or held
virtually.
Task 1.2 – Meeting with Maintenance Staff and Site Walk
Two members of Schaaf & Wheeler will attend a half day site walk with maintenance staff to
visit hot spot locations and nuisance drainage issue locations to get an understanding of where
the priorities are within the stormwater infrastructure.
Task 1.3 - Monthly Progress Report
Monthly invoices will be submitted with excel budget tracking. Any issues, concerns, or delays
will be brought up via email.
Task 1.4 – Bi-Weekly Status Calls
A re-occurring meeting will be held to ensure project remains on schedule and budget. These
meetings will range from 30 minutes to one hour depending on the amount of ongoing work at
the time. It is assumed that S&W is in attendance at these meetings, but not all the
subconsultants. If required – subconsultants can be invited to specific meetings, but it is not
intended that they are on every call.
Task 1.5 - Presentations
During Phase 1, two presentations will be made to City Council. The first will be to describe the
upcoming work and anticipated outcomes. The second meeting will be to present the findings
along with the financial implications of the condition improvement CIP and the operation and
maintenance plan needs. Additional presentations for the Phase 2 work are scoped in the
optional tasks.
Duration of the entire project is projected to be 30 months, broken down as follows:
▪ Phase 1: 18 months
▪ Phase 2: 3 months
▪ Phase 3: 12 months (concurrent with Phase 2)
Deliverables: Monthly invoices with tracking spreadsheet, bi-weekly meeting notes, 2 council
presentations
Task 2. Data Inventory and Field Data Collection Plan
Identifying data gaps is a critical step to improving GIS data that will ultimately be the basis of
hydraulic modeling efforts and tracking maintenance. While it appears that most of the linework
and structures are mapped, it is not clear how many of the necessary attributes are recorded.
Schaaf & Wheeler will recommend the necessary data to collect in the field , such as diameter,
material, depth, and type. This information will be drafted into a simple fieldwork plan. The plan
will likely include the following:
San Rafael SDMP Scope of Work – FINAL DRAFT
Schaaf & Wheeler 2
Task 2.1 – Storm Drain Infrastructure Inventory
Schaaf & Wheeler will review the existing GIS data and develop statistics of what information is
available in the GIS data and what data is missing (such as pipe diameter, structure depth,
material type, etc.). Schaaf & Wheeler will work with maintenance and engineering staff to
understand what areas of the City are in most need of updated GIS data.
Task 2.2 – Field Data Collection Plan
Based on Task 2.1, Schaaf & Wheeler will develop a field data collection plan that highlights
what information to collect and provides Survey123 forms so that the City’s field crews can
collect the information in the field. The field data collection plan will be used to guide where the
topside investigations for condition assessment focus their fieldwork. The data collection
fieldwork for modeling is under Phase 3, Task A. Part of this effort will be to identify areas of
unknowns, and if readily available as-built information exists, update the GIS. This task is limited
to three (3) days of an engineer updating the GIS information based on as-builts.
Deliverables: Draft and final field data collection plan and recommended Survey123 set up.
Updated GIS data based on 3 days of desktop work to update with readily available as-built
information
Task 3. Condition Assessment
Condition assessment will be conducted in three parts – topside field investigations, CCTV, and
pump station assessments. The scope assumes two (2) Schaaf & Wheeler employees in the
field. If the City identifies an intern with time, only the hours of an engineer will be billed to the
City.
We are recommending two weeks of topside field investigations, of which one day can be
dedicated to the City’s green infrastructure. This will collect a subset of information from the
City’s system.
Task 3.1 – Topside Condition Assessment and Field Verification
Schaaf & Wheeler’s team will spend up to two weeks in the field collecting the following
information in Survey123:
▪ Infrastructure damage (inlets, manholes, culverts, etc.)
▪ Debris or sediment in storm drainage infrastructure
▪ Measure inverts and pipe sizes
▪ Pipe material (CMP, RCP, etc.)
▪ Depth of structure
▪ Infrastructure not currently mapped
▪ Channel erosion, debris or sediment deposition, and vegetation
▪ Channel shape (bottom width, height, top width)
▪ Signs of water damage or high water
The remaining pipes requiring inspections will go into the maintenance plan recommendations.
It should be noted that this scoped will not be able to achieve inspections of the entire City’s
system. Instead- a subset will be used to try and determine the financial needs to the entire
system.
Task 3.2 – Identify and Develop Maps for CCTV Crews
Based on Task 3.1, Schaaf & Wheeler will develop field maps for the CCTV crews to collect
additional data in areas that showed condition related issues. This effort will also focus on areas
of CMP that are known to be issues and City highlighted areas of existing issues.
San Rafael SDMP Scope of Work – FINAL DRAFT
Schaaf & Wheeler 3
Task 3.3 – CCTV (2 weeks)
It is estimated that the CCTV crew will be able to collect between 10,000 to 15,000 linear feet of
pipe over a two-week period. Cleaning is not included in this scope as more detail is needed
in terms of the source of water and dumping practices that would be used. Instead, CCTV data
will collect as much as possible and pipes that are impacted with heavy debris and sediments
will be noted.
If the crews conduct routine maintenance prior to the wet season, we recommend trying to take
advantage of cleaning that the City already has in place. These obstructed pipes can either be
cleaned during this project for a separate fee, or be added into the SDMP as condition-related
capital improvement projects. The percentage of pipes requiring further maintenance will be
used to develop the City’s maintenance plan.
Task 3.4 – Pump Station Condition Assessment
Schaaf & Wheeler perform a pump station condition assessment on the City’s pump stations (11
of the 12 since San Quentin station is relatively new- no significant effort is anticipated at that
station). The assessment will be based on existing available data, site visits, and discussions
with City staff. The assessment and analysis will include:
▪ Data review
▪ Mechanical, electrical, and SCADA condition assessment:
▪ Pump station capacity assessment
▪ Evaluation of sea-level-rise impacts to determine if increased tidal elevations will require
upgrades to the pump station to provide adequate capacity
▪ Safety, access, and code assessment
▪ Force main assessment (if accessible)
▪ Cost estimates
If pump station capacity improvements are needed to provide the desired level of service,
Schaaf & Wheeler will utilize the hydraulic models in Phase 3 to evaluate the interaction
between the pump stations and the gravity collection systems. Pump station capacity
improvements will be modeled to help determine the optimal number and size of pumps, while
keeping system performance and energy efficiency in mind. If detailed hydraulic modeling is not
conducted, then high level HEC-HMS watershed models can be developed to determine the
conservative flows to the pump stations without pipe attenuation.
Task 3.5 – Pump Station Condition Assessment Tech Memo Draft and Final
Schaaf & Wheeler will put findings from Task 4.4 into technical memorandum that will support
the Master Plan Report. Near-term and full rehabilitation costs will be included.
Deliverables: CCTV maps, GoPro inspection pictures, CCTV video inspections, draft and final
pump station assessment report with recommended rehabilitation and associated costs
Task 4. Development of Stormwater Projects for the City's Capital Improvement Plan for
Condition Related Project
Once the condition assessment and maintenance plans are completed, Schaaf & Wheeler will
develop a capital improvement plan for the Phase 1 SDMP. The projects will include condition,
maintenance, and rehabilitation. Projects will be prioritized so that high-priority projects are
completed within the first 5 years and moderate-priority projects are completed within 10 years.
San Rafael SDMP Scope of Work – FINAL DRAFT
Schaaf & Wheeler 4
Task 4.1 – Develop Condition Related Projects
A NASSCO-certified team member will spend one week reviewing the fieldwork pictures and
CCTV videos to provide a rating (1 to 5). The assessed conditions will include:
▪ Signs of water damage or high water
▪ Infrastructure damage (inlets, manholes, culverts, etc.)
▪ Maintenance issues
▪ Invert measurements and pipe sizes
▪ Pipe material (CMP, RCP, etc.)
Task 4.2 – ROM for Projects
Range of magnitude project costs will be developed for those identified in Task 5.1. Projects, unit costs,
and project costs will be detailed in an excel matrix.
Deliverables: Matrix detailing condition assessment of pipe segments with NASSCO rating and
proposed rehabilitation or repair and ROM costs
Task 5. Development of Maintenance and Inspection Plan:
The overall goal of this task is to provide the City with a plan for inspecting and maintaining its
storm drainage infrastructure, ensuring that it operates effectively and efficiently. To meet this
goal, NCE will 1) review existing operations, 2) identify gaps in current operations, 3) provide
programmatic recommendations for improved operational and maintenance practices, and 4)
develop an annual work plan.
Task 5.1 – Obtain and Review Existing Maintenance Information
NCE will review existing information readily available from the City (storm drain maintenance
records, existing maintenance activities, system configuration, asset management system, and
existing storm drain geodatabase) to identify the type, amount, locat ion, condition, etc. of assets
and level of ongoing maintenance and inspection activities.
Task 5.2 – Kickoff Meeting with Maintenance Lead
NCE will then facilitate a maintenance program kickoff meeting with key engineering, road
operations, and other maintenance staff to discuss our review, and to confirm ongoing activities,
resources, challenges, and gaps. The focus will be to determine what is working and not
working with current activities, procedures, tools, and reporting, and to define a vision and goals
specific to inspection and maintenance.
Task 5.3 – Field Meetings with Individual Crews
We anticipate needing to facilitate one (1) field meetings with field or maintenance staff to
discuss procedures, equipment, and problem areas.
Task 5.4 – Inspection and Maintenance Criteria
Based on these meetings, NCE will define inspection and maintenance criteria that will guide
future prioritization and be documented in the maintenance and inspection plan (Plan). The
focus will be to create a rapid and repeatable process, based on sound criteria, that ensures the
City identifies what assets need to be inspected and maintained and when those activities need
to happen.
Task 5.5 – Draft Plan
NCE will prepare a Draft Plan for the City that will include programmatic recommendations,
program vision and goals, inspection and maintenance selection criteria, annual work plan,
San Rafael SDMP Scope of Work – FINAL DRAFT
Schaaf & Wheeler 5
tracking and reporting recommendations, and estimated costs for implementation. The Draft will
be submitted to the City for review and comment.
Task 5.6 – Comment Review Meeting
The City will provide one consolidated set of comments to NCE for review prior to NCE
facilitating a Draft Plan meeting.
Task 5.7 – Final Plan
Following the meeting, NCE will prepare the Final Plan for submittal to the City.
Task 5.8 – Project Management
NCE will coordinate with Schaaf & Wheeler and the City on invoices, deliverables, and
schedule.
Deliverables: Draft and final maintenance and inspection plan
Task 6. Report Drafting and Delivery
The Phase 1 SDMP will serve as a tool for the City to use in the future to maintain and repair
the storm drain infrastructure. The Phase 3 SDMP will serve as a tool for the City to seek
funding for larger capital improvement projects and plan for future capacity limitations due to
increased precipitation and sea level rise due to climate change. Both reports will outline a
program of improvement projects over the course of the next 10 years that are conceptually
designed and have anticipated construction costs.
The Phase 3 Report is not scoped in detail as it will be based on optional tasks and the
development of an H&H plan.
Task 6.1 – Phase 1 Draft Report
A Draft Master Plan will be developed for condition related capital improvements as well as
ongoing maintenance needs. The plan will be based on the topside assessment, CCTV data,
pump station assessment, and maintenance program. Costs will be included along with
suggested annual spending and possible funding mechanisms. Financial analysis is included
into the optional tasks and is best conducted once the capacity related projects from H&H are
developed.
Task 6.2 – Review Meeting
We recommend a review meeting after draft reports are reviewed and consolidated comments
compiled.
Task 6.3 – Final Phase 1 Report
After the review meeting, Schaaf & Wheeler will finalize the report for the City.
Deliverables: Draft and final SDMP Phase 1 Report
San Rafael SDMP Scope of Work – FINAL DRAFT
Schaaf & Wheeler 6
PHASE 2
Task 7. Drainage Design Standards
Because the County is currently developing a drainage manual, we are recommending that this
task be part of the Phase 2 to allow the County to get to a Draft document. The drainage design
standards will be used to guide the H&H effort that is also in Phase 3.
Task 7.1 – Review Draft County Drainage Manual
Schaaf & Wheeler will review the Draft County Drainage Manual and compare the guidance to
the City’s existing standards, conditions of approval, and municipal code. It is understood that
the City does not have specific drainage standards at this time as most of the de velopment is in-
fill.
Task 7.2 – Review Existing’s Drainage Standards
Schaaf & Wheeler will review relevant drainage codes such as MCSTOPPP, municipal code,
and other local jurisdictions and propose recommended improvements and point out any
inconsistencies with the County’ Drainage Manual.
Task 7.3 – Draft City Design Standard Document
Schaaf & Wheeler will draft a “user -friendly” guidance document for s developers to use to
analyze and appropriately size drainage infrastructure. In addition, document will reference
additional drainage requirements such as MCSTOPPP water quality treatment measures.
Guidance document will also reference areas that are susceptible to sea level rise (SLR) and
provide references to relevant guidance documents such as San Francisco.
Task 7.4 – Final City Design Standard Document
A meeting will be held 2 weeks after submitting the Draft Drainage Standards to go over
consolidated comments from the City. After the meeting, Schaaf & Wheeler will revise and
finalize the guidance document.
Deliverables: Draft and final “user-friendly” stormwater design standards
Task 7.5 – Presentations to the Development Community
Up to two (2) presentations will be given to educate the development community, city council,
public works staff, and business associations of the new drainage standards and how they
impact development.
Deliverables: Draft and final presentations
PHASE 3 – OPTIONAL TASKS
Task A. Field Data Collection
Two (2) Schaaf & Wheeler staff will spend up to two weeks in the field collecting missing GIS
data that is important for the H&H modeling under Task B. Data will be collected in Survey123
and then updated by GIS analyst in the office.
Task B. Hydraulic/Hydrologic Modeling and Assessment – 1D
Schaaf & Wheeler will prepare a simplified, one-dimensional model of the City system that
include pipes 18 inches and greater. More detailed analysis in two-dimensional modeling efforts
is included under Task C in the low-lying focus areas.
San Rafael SDMP Scope of Work – FINAL DRAFT
Schaaf & Wheeler 7
It should be noted that hydraulic modeling efforts will be focused on internal drainage and not
focused on shoreline protection. Modeling efforts will assume that shoreline protection is
improved in the future and focus on how internal runoff will be conveyed into the receiving
bodies with higher tide elevations.
The following readily available data will be used to develop a comprehensive model for the City
of San Rafeal:
▪ NOAA precipitation statistics – rainfall depths
▪ San Francisco Bay Tidal Datums and Extreme Tides Study – tide elevations
▪ Marin County LIDAR – topography
▪ National Land Cover Data Set – land cover and impervious area
▪ GIS measure down depth – invert elevations
▪ Pump records – pump curves
▪ City Zoning GIS layer – future land use conditions
Maintenance records and hot spots can be used to validate the model results. We recommend
reviewing model results with maintenance staff to verify that model results are similar to what
maintenance crews experience in heavy rainfall events.
Capacity limitations will be identified for the 10-year storm event with mean higher high (MHHW)
tide elevation (unless the County manual suggests alternative design standard). Proposed
improvements, such as increased pumping capacity, upsized conduits, and parallel pipe
networks, will be among the CIPs identified to address the design storm deficiencies. Where
feasible, green infrastructure options will be recommended, which can increase grant funding
potential of projects. Future development and climate changes related to precipitation and
rainfall will be run on the proposed CIP model to see if CIPs are resilient to midcentury
predictions. The improvement projects will not be changed, yet noted in the concept that
resilience should be designed into the project if it is shown to be needed.
Task C. Focus Studies (4 locations) 2D Modeling
Schaaf & Wheeler will develop up to four (4) focus studies for the neighborhoods that
chronically flood or just known nuisance areas. These will serve as attachments to the overall
SDMP. Each study will focus on climate change impacts specific to changing tidal elevations.
These focus studies will assume that some sort of channel/bank protection is installed (e.g.
levee) to keep the tide out and the memos will report on interior drainage options to ensure that
even with higher tides, the neighborhood can drain. These memos will focus on up to two (2)
climate change scenarios for altering tidal boundary conditions and the assumption is that some
form of pumping will be required to drain the low-lying areas. The fee is based on the
assumption that a 1D model has already been developed under Task B. The City may decide to
only do focus studies, in which case the budget will need increasing slightly to account for
model development.
Task D. Develop Capacity Projects for Design Standard
Schaaf & Wheeler will base capacity related CIPs on the modeling results from Tasks B and C.
Conceptual cost estimates will be based on recent construction bids. The conceptual
improvements will focus on reducing flood risks based on the 10-year level-of-service for the
piped system and 25-year level of service for the pump stations.
San Rafael SDMP Scope of Work – FINAL DRAFT
Schaaf & Wheeler 8
Task E. Climate Change Modeling
Sea Level Rise and Climate Change will be assessed for mid-century (2050) and end-of-century
(2100) to estimate potential impacts. Detailed precipitation modeling for climate change is not
included in this scope but can be provided for an additional fee. Schaaf & Wheeler suggests
using the Environmental Protection Agency Storm Water Management Models Climate
Adjustment Tool model (EPA SWMM CAT). This is particularly important to understand if any
proposed improvements should be upsized to accommodate future increases in precipitation.
We will work with the Town to develop two precipitation scenarios.
Task F. SDMP Report on Capacity Related Projects
This task assumes that at a minimum Task B and D has been completed to develop a report
summarizing eh methodology and the recommended improvements to increase the conveyance
capacity for the City’s storm drain system. If Task C is completed, the appendices will include
focus study areas and recommendations.
Task G. Presentations to Community (4)
Schaaf & Wheeler will develop presentations to present to the community the recommended
projects identified in the SDMP report from Task F.
Task H. Council Presentations
This is an as-needed task that if requested by Council, Schaaf & Wheeler can develop and
present to City Council.
Task I. Training and Documentation on Hydraulic/Hydrologic Modeling and Database
Software:
Schaaf & Wheeler has developed and conducted hydrologic and hydraulic modeling training for
municipal staff. Before the City authorizes this task, it should be determined if the City is willing
to pay for proprietary software. Some of the more complex modeling platforms such as ICM and
MIKE+ require annual subscriptions that can be costly. While there are free software packages
available such as SWMM, HEC-HMS, and HEC-RAS, they are not typically used in larger
master planning efforts since they have limited features.
If training is requested, we would recommend the following training modules:
▪ Hydrology Model Development (rainfall and catchment parameters)
▪ Hydraulic Model Development (structures, pipes, catchments)
▪ Generating Reports, Updating Models, Creating Graphs and Graphics
A user manual that is easy to follow and concise will be generated with screen captures to walk
staff through the development and use of the model(s).
Task J. Financial Analysis and Funding Strategies:
NBS will take the lead on this optional task. It is recommended that this task is undertaken after
the development of the Phase 2 capital improvement projects. NBS will approach this project as
problem solvers and as an extension of City staff.
To start, we will ascertain the appropriate financing program or programs to match the City’s
needs, whether a new revenue source or an increase to an existing revenue tool. In general, we
will first look at the project needs, local parameters and constraints, and then we will review
these options: Assessment Districts, Community Facilities Districts or other Special Taxes, and
Property Related Fees. Once the appropriate financing district or program has been
San Rafael SDMP Scope of Work – FINAL DRAFT
Schaaf & Wheeler 9
ascertained, including cost estimates and related budgets, NBS will prepare a feasibility
analysis for creating a successful district or fee program to include various options, priority
special benefits to be funded, possible benefit zones, term and district boundaries. We will
provide a memo outlining the feasibility, and conduct a brief study session with staff, council and
stakeholders as most appropriate.
Task K. Standard Operating Procedures
If standard operating procedures (SOP) have not been developed, NCE will work with City staff
to develop SOPs that will guide future inspections and maintenance. The SOP will be a
component of the Plan and provide clear and easy to follow guidance for how inspections and
maintenance are to be performed, who is responsible for conducting them, and what tools or
equipment are necessary. The SOP guidance will be in table format and is likely to include
guidance for catch basins, inlets, manholes, closed conduit, culverts, open channels, pumps,
and bioretention and trash capture devices.
Task L. CEQA Support
The Storm Drain Master Plan (SDMP) can be considered exempt from CEQA as a planning
document if no funding is approved for projects as a part of the plan. CEQA Guidelines section
15262 provides a statutory exemption for projects involving only feasibility or planning studies. A
study that provides for possible future actions which the agency, board, or commission has not
approved, adopted, or funded does not require the preparation of an EIR or Negative Declaration
but does require consideration of environmental factors. This section does not apply to the
adoption of a plan that will have a legally binding effect on later activities.
NCE will conduct a desktop review based environmental constraints analysis to inform the
feasibility of SDMP recommendations. Once the SDMP elements are defined, NCE will determine
if the plan or elements of the plan are subject to CEQA compliance, or whether the City could
benefit from a proactive CEQA strategy that would programmatically approve the activities
identified. Following the review NCE will prepare a brief recommendations letter noting if CEQA
compliance is required for the SDMP or elements of the plan, and what the recommended level
of CEQA documentation would be. A Draft letter will be prepared and submitted to the City for
review and comment. Following review of comments, NCE will prepare a Final letter.
Pr
i
n
c
i
p
a
l
P
r
o
j
e
c
t
Ma
n
a
g
e
r
Se
n
i
o
r
P
r
o
j
e
c
t
Ma
n
a
g
e
r
Se
n
i
o
r
E
n
g
i
n
e
e
r
As
s
i
s
t
a
n
t
En
g
i
n
e
e
r
En
g
i
n
e
e
r
i
n
g
Tr
a
i
n
e
e
GI
S
A
n
a
l
y
s
t
$275.00 $250.00 $235.00 $195.00 $135.00 $175.00
Project Management 22 118 - 16 - - $38,670 - - - - 38,670$
1.1 4 8 $3,100 $3,100
1.2 4 4 $2,100 $2,100
1.3 4 30 $8,600 $8,600
1.4 8 60 $17,200 $17,200
1.6 2 16 16 $7,670 $7,670
Field Verification and Inventory of Drainage System 2 12 24 24 - 60 $24,370 - - - - 24,370$
2.1 4 8 20 $6,380 $6,380
2.2 2 8 16 24 40 $17,990 $17,990
Condition Assessment 28 8 74 168 80 48 $79,050 - - 32,500$ 3,250$ 114,800$
3.1 8 80 80 24 $32,480 $32,480
3.2 2 4 4 16 $5,020 $5,020
3.3 2 16 8 $5,660 $32,500 $3,250 $41,410
3.4 20 30 60 $24,250 $24,250
3.5 8 4 16 24 $11,640 $11,640
Development of Stormwater Projects for CIP 4 6 14 60 - 40 $24,590 - - - - 24,590$
4.1 2 4 8 40 40 $18,230 $18,230
4.2 2 2 6 20 $6,360 $6,360
Development of Maintenance and Inspection Plan - 10 8 8 - 8 $7,340 51,148$ - - 5,115$ 63,603$
5.1 2 4 8 $3,000 $5,990 $599 $9,589
5.2 2 $500 $880 $88 $1,468
5.3 $0 $4,000 $400 $4,400
5.4 $0 $8,720 $872 $9,592
5.5 2 4 8 $2,840 $19,440 $1,944 $24,224
5.6 2 $500 $880 $88 $1,468
5.7 2 $500 $8,310 $831 $9,641
5.8 $0 $2,928 $293 $3,221
Report Drafting and Delivery 6 16 28 60 - 16 $26,730 - - - - 26,730$
6.1 2 8 16 40 16 $16,910 $16,910
6.2 2 4 4 $2,490 $2,490
6.3 2 4 8 20 $7,330 $7,330
62 170 148 336 80 172 $200,750 $51,148 $0 $32,500 $8,365 292,763$
Drainage Design Standards 12 32 96 24 - $38,540 - - - - 38,540$
7.1 2 16 $4,260 $4,260
7.2 2 8 $2,380 $2,380
7.3 8 8 40 $13,600 $13,600
7.4 2 4 16 $5,310 $5,310
7.5 2 16 16 24 $12,990 $12,990
12 32 96 24 - $38,540 - - - - 38,540$
217 432 874 686 240 108 $266,425 $39,910 $24,500 $0 $6,441 337,276$
A 80 80 24 $30,600 $30,600
B 16 40 100 240 16 $87,500 $0 $87,500
C 4 8 40 80 4 $28,800 $0 $28,800
D 4 8 20 40 $15,600 $0 $15,600
E 2 4 8 24 $8,110 $0 $8,110
F 6 16 36 80 24 $33,910 $0 $33,910
G Presentations to Community (4)4 40 60 20 $26,300 $0 $26,300
H 1 8 8 2 $4,545 $4,545
I 8 24 40 20 $21,100 $0 $21,100
J 8 8 16 $7,960 $24,500 $2,450 $34,910
K 4 $1,000 $13,170 $1,317 $15,487
L 4 $1,000 $26,740 $2,674 $30,414
M 80 $10,800 $0 $10,800
N 80 $10,800 $0 $10,800
217 432 874 686 240 108 $266,425 $39,910 $24,500 $0 $6,441 337,276$
*Not accounted for in overall budget for Phase 3 as they are already accounted for in the task.
668,579$
Phase 1 Draft Report
SDMP Report on Capacity Related Projects (requires Tasks A-D)
TOTAL for Phases 1, 2, 3
CEQA Support
Presentations (2)
Climate Change Modeling (1 scenario)
Final Plan
Field Meetings with individual crews
Inspection & Maitenance Criteria
Draft Plan
Meeting with City
ROM for Projects
Extra Budget if City Uses Intern for Filedwork*
Extra Budget if City Uses Intern for Condition Assessment*
Draft City Design Standards
Final City Design Standards
Presentations (2) to the Development Community
Storm Drain Infastructure Inventory
Field Data Collection Plan
Topside Condition Assessment and Field Verification (2 weeks)
Identify and Develop Maps for CCTV Crews
CCTV (2 weeks)
Pump Station Condition Assessment (11 stations)
Pump Station Condition Assessment Tech Memo
Field Data Collection to Update GIS (2 weeks)
Review Meeting
Final Phase 1 Report
Task 3
Council Presentation
Project Management Coordination
Develop Condition Related Projects
Sc
h
a
a
f
&
W
h
e
e
l
e
r
To
t
a
l
O&
M
:
N
C
E
Kickoff Meeting and Schedule Development
Meeting with Maintenance Staff and Site Walk
Monthly Progress Reports (30 months)
Task 1
Task 2
PHASE 1
Hourly Rates
San Rafeal Storm Drain Master Plan
Draft Fee Proposal
April 26, 2024
Obtain & Review Existing Maintenance Information
Kickoff Meeting with Maintenance Lead
Total
NB
S
Standard Operating Procedures
Review City's existing drainage standards (MCSTOPPP, Muni code, etc)
Develop Capacity Projects for Design Standard
Focus Studies (4 locations) 2D
Hydraulic/Hydrologic Modeling and Assessment in 1D
Training and Documentation on Hydraulic/Hydrologic Modeling and Database Software
Financial Analysis and Funding Strategies
To
t
a
l
Review Draft County Drainage Manual
Bi Weekly Meetings (30 months)
CC
T
V
:
P
r
e
s
i
d
i
o
Sy
s
t
e
m
s
I
n
c
.
10
%
M
a
r
k
u
p
Total
Task 4
Task 5
Task 6
Optional Tasks - PHASE 2
Task 7
PHASE 2
PHASE 3 - OPTIONAL TASKS
Total
DR
A
F
T
Rev. 08.22 B-1
EXHIBIT B
INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth below,
CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance
policies with respect to employees and vehicles assigned to the performance of Services under this
Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage
verifications as defined in this Exhibit B.
A. Scope of Coverage. During the term of this Agreement, CONSULTANT shall
maintain, at no expense to CITY, the following insurance policies:
1. Commercial general liability. A commercial general liability insurance
policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars
($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage.
2. Automobile liability. An automobile liability (owned, non-owned, and hired
vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) per
occurrence.
3. Professional liability. If any licensed professional performs any of the
services required to be performed under this Agreement, a professional liability insurance policy in
the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars
($2,000,000) aggregate, to cover any claims arising out of the CONSULTANT's performance of
services under this Agreement. Where CONSULTANT is a professional not required to have a
professional license, CITY reserves the right to require CONSULTANT to provide professional
liability insurance pursuant to this section.
4. Workers’ compensation. If it employs any person, CONSULTANT shall
maintain workers’ compensation insurance, as required by the State of California, with statutory
limits, and employer’s liability insurance with limits of no less than one million dollars
($1,000,000) per accident for bodily injury or disease. CONSULTANT’s workers’ compensation
insurance shall be specifically endorsed to waive any right of subrogation against CITY.
B. Other Insurance Requirements. The insurance coverage required of the
CONSULTANT in subparagraph A of this section above shall also meet the following requirements:
1. Except for professional liability insurance or workers’ compensation
insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers,
agents, employees, and volunteers, as additional insureds (for both ongoing and completed
operations) under the policies.
2. The additional insured coverage under CONSULTANT’s insurance policies
shall be “primary and noncontributory” with respect to any insurance or coverage maintained by
CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The
“primary and noncontributory” coverage in CONSULTANT’S policies shall be at least as broad as
DR
A
F
T
v 08.22 B-2
ISO form CG20 01 04 13.
3. Except for professional liability insurance or workers’ compensation
insurance, the insurance policies shall include, in their text or by endorsement, coverage for
contractual liability and personal injury.
4. By execution of this Agreement, CONSULTANT hereby grants to CITY
a waiver of any right to subrogation which any insurer of CONSULTANT may acquire against
CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to
obtain any endorsement that may be necessary to effect this waiver of subrogation, but this
provision applies regardless of whether or not CITY has received a waiver of subrogation
endorsement from the insurer.
5. If the insurance is written on a Claims Made Form, then, following termination
of this Agreement, said insurance coverage shall survive for a period of not less than five years.
6. The insurance policies shall provide for a retroactive date of placement
coinciding with the Effective Date of this Agreement.
7. The limits of insurance required in this Agreement may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a primary and
noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before
CITY’S own insurance or self-insurance shall be called upon to protect it as a named insured.
8. It shall be a requirement under this Agreement that any available insurance
proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or
limits shall be available to CITY or any other additional insured party. Furthermore, the requirements
for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or
(2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds
available to the named insured; whichever is greater. No representation is made that the minimum
insurance requirements of this Agreement are sufficient to cover the obligations of the
CONSULTANT under this Agreement.
9. CONSULTANT agrees to ensure that subcontractors, and any other party
involved with the Services, who is brought onto or involved in the performance of the Services by
CONSULTANT, provide the same minimum insurance coverage required of CONSULTANT,
except as with respect to limits. CONSULTANT agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this Agreement. CONSUTLANT agrees that upon request by CITY, all
agreements with, and insurance compliance documents provided by, such subcontractors and
others engaged in the performance of Services will be submitted to CITY for review.
10. CONSULTANT agrees to be responsible for ensuring that no contract used
by any party involved in any way with the Services reserves the right to charge CITY or
CONSULTANT for the cost of additional insurance coverage required by this Agreement. Any
DR
A
F
T
v 08.22 B-3
such provisions are to be deleted with reference to CITY. It is not the intent of CITY to reimburse
any third party for the cost of complying with these requirements. There shall be no recourse
against CITY for payment of premiums or other amounts with respect thereto.
C. Deductibles and SIR’s. Any deductibles or self-insured retentions in
CONSULTANT's insurance policies must be declared to and approved by the CITY and shall not
reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall
provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY
or other additional insured party. At CITY's option, the deductibles or self-insured retentions with
respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONSULTANT shall
procure a bond guaranteeing payment of losses and related investigations, claims administration,
attorney’s fees and defense expenses.
D. Proof of Insurance. CONSULTANT shall provide to the PROJECT MANAGER
all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this
Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy
endorsements for the commercial general liability policy, and (3) excerpts of policy language or
specific endorsements evidencing the other insurance requirements set forth in this Agreement.
CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from
CONSULTANT. Failure to exercise this right shall not constitute a waiver of the right to exercise it
later. The insurance shall be approved as to form and sufficiency by the CITY.