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HomeMy WebLinkAboutCM Sea Level Rise Adaptiation Planning ServicesAGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SAN RAFAEL AND MOFFATT & NICHOL SEA LEVEL RISE ADAPTATION PLANNING SERVICES This Agreement is made and entered into as ofA pr 22, 2024 (the "Effective Date"), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation (hereinafter "CITY"), and Moffatt & Nichol, 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." RF(9TAI Q A. CITY is in receipt of grants from the State Coastal Conservancy (SCC) for $700,000, dated December 12, 2022 (Agreement No. 22-057) and the State of California, Department of General Services, (DGS) Governor's Office of Planning and Research for $644,201, dated October 9, 2023 (Agreement No. OPR23124) to complete sea level rise -adaptation planning services. B. CITY desires to secure professional services more fully described in this Agreement, at Exhibit A, entitled "SCOPE OF SERVICES" to help successfully implement a project supported by grant funds from the SCC and DGS; and C. CONSULTANT represents that it, and its subcontractors, if any, have the professional qualifications, expertise, and necessary licenses and shall provide its Services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality ("Standard of Care") ; and D. 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 professional services set forth in Exhibit A (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." 2. COMPENSATION. In consideration for CONSULTANT's complete performance of Services, CITY shall pay CONSULTANT for activities and deliverables related to the SCOPE OF SERVICES as set forth in Exhibit A, on a per task basis set forth in Exhibit C, for a total amount of $520,000. Rev. 08.22 1 CONSULTANT will bill City on a monthly or quarterly basis for Services provided by CONSULTANT during the preceding month or quarter, subject to verification by CITY. CITY will pay CONSULTANT within thirty (30) days of City's receipt of invoice. 3. TERM OF AGREEMENT. Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the Effective Date of this Agreement and terminate on August 1, 2025. 4. PROJECT COORDINATION. A. CITY'S Project Manager. The City's Climate Adaptation and Resilience Planner 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. Dilip Trivedi 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 prior written notice via email with corresponding delivery and read receipts, by mail 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 intentional or negligent 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 ("Work Product"), shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 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. In no event shall CONSULTANT be held liable for any reuse or modifications to the Work Product for purposes outside of this Agreement. CITY may use said property for any purpose, including projects not contemplated by this 08.22 2 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. INSURANCE REQUIREMENT 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 Exhihit 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. However, to the extent that liability is caused by the 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 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 court costs, reasonable attorney's fees as may be determined by the court, litigation expenses and fees of expert 08.22 3 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 exercise usual and customary professional care in its efforts to perform all Services underthis 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, and fines 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. 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 via email with corresponding delivery and read receipts or 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: Katherine Hagemann, Climate Adaptation and Resilience Planner 1400 Fifth Avenue San Rafael, CA 94901 08.22 4 To CONSULTANT's Project Director: Mr. Dilip R. Trivedi, Vice President 2185 N. California Boulevard, Suite 500 Walnut Creek, CA 94596 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 legally owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 18. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 19. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 08.22 5 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. [Signatures are on the following page.] v 08.22 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL: CRISTINE ALILOVICH, City Manager APPROVED AS TO FORM: Office of the City Attorney - 6-""�A By: GENEVIEVE COYLE, Assistant City Attorney ATTEST: City Clerk 8resuza. mares am) i5ienna Nw rm. r, Api 22. 23241a 120DT LINDSAY LARA, City Clerk v 08.22 % CONSULTANT: Dilip R. Trivedi Vice President [If CONSULTANT is a corporation, add signature of second corporate officer] Scott C. Butl r Vice President, Business Unit Leader 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. PROJECT SCOPE AND DELIVERABLES: Part A: Community -Informed Technical Feasibility Study For this part, the Consultant's primary responsibility is to complete a community -informed technical feasibility study to evaluate adaptation options that can increase community resilience to relative sea level rise and flooding in the Project Study Area (Figure 1). The options will reflect community priorities, ecological considerations, and technical feasibility, with at least one project option identified along with specific recommendations for further project development and implementation (i.e., considerations for landowner approval, project lead for CEQA and permitting, etc.). Figure 1: Project Study Area Boundary and Primary Engagement Area �� t IV San - Canal District Primary Engagement A� Area 1� OProject Study '". 14 Area Boundary _ 40 Flood Depth, cm t1 �j at 1 meter SLR 0 it•- ' 6 s : lei S The following tasks support development of the community -informed feasibility study. Task A.1: Summarize and confirm vulnerability information for the project study area with a "Briefing Book" Rev. 08.22 This task is intended to build upon prior work completed such as the BayWAVE Vulnerability Analysis, San Rafael Sea -Level Rise Adaptation Study (ESA 2020), and other regional studies. This task will review, synthesize, and present the vulnerability information in a more engaging and visual way than previous efforts. The consultant should strive to present this information in a non -technical way that is accessible to residents with different language and education backgrounds. From a technical perspective, this task will require new mapping and may require very basic modeling but should focus on synthesis. This task should include at a minimum an analysis of the implications of relative sea level rise that are consistent with these sea level rise scenarios used in the 2017 BayWAVE Vulnerability Assessment and the most recent state and federal guidance. 08.22 Working with the project team, the consultant may recommend adjusting these scenarios in order to capture current, near -term, mid-term, and long-term impacts to the Project Study Area. Because previous vulnerability assessments used inundation mapping that relied upon outdated elevation data, this task will require updating the expected flood extents and depths using the most recent 2019 Marin Countywide LiDAR, which will be provided to the consultant. This task will also require revisions to the digital elevation model and additional GIS work to better capture the Study Area's hydrologic connectivity to the Bay and to better reflect the Study Area's inundation paths, both along the shoreline and from interior drainage. The City will provide elevation data to support this work. Initial maps and vulnerability information may need to be revised later in the project to reflect the field data collected by the consultant in task B1. Confirmation of vulnerable assets should include at a minimum the number of impacted housing units, number of people, and businesses affected as well as vulnerability of existing habitats and ecological functions. This task should include a consideration of stormwater drainage, existing flooding, and future sea level rise, in dialogue with City of San Rafael Department of Public Works. The goal of this task is to create publicly accessible maps, visuals, or summaries of this vulnerability information for the community to review. Creative communication formats including video or interactive approaches are also welcome. This task is intended to be public -facing and to create the visual framework for the remainder of the project. Task A.1 Deliverables: Public Facing: A visually engaging and accessible "briefing book" that summarizes the vulnerability to relative sea level rise. This needs to include at a minimum: o An inventory of vulnerable assets o Vulnerability maps by asset type and sea level rise scenario o An executive summary in English and Spanish Corrected GIS maps of expected flood impacts for different sea level rise scenarios based on corrected elevation data and improved assumptions about hydrologic connectivity to SF Bay in the Project Study Area. Subtask A.2a Identify, analyze & present feasible adaptation approaches at different planning horizons The Consultant will identify and analyze a range of possible adaptation approaches to address flood vulnerabilities in the Project Study Area. These adaptation measures should include the full breadth of possibilities (typically described as nature -based, hybrid, and hard infrastructure); however, the framing of potential adaptation measures does not need to be constrained to these three categories and could take on a number of different forms, scenarios, or presentations. All analysis of adaptation approaches should be compared to a no action scenario. During this phase the consultant team will work with the project team to identify the planning horizons and flood impacts that are of greatest concern to the community and tailor adaptation approaches to those concerns. The analysis of adaptation measures should be framed in the context of a baseline scenario (a no action scenario). Analysis of adaptation approaches should include consideration of: • level of fluvial and tidal flood protection Rev. 08 22 • effectiveness at different planning horizons spatial and ecological requirements • permitting requirements (to demonstrate feasibility) • land ownership and access considerations (to demonstrate feasibility) • potential threats and benefits to community posed by each adaptation measure including flooding risks, catastrophic risks associated with infrastructure failure, and displacement non- structural threats like gentrification, economic losses, loss of open space or shoreline access, and other negative economic impacts • co -benefits such as public access, ecology, neighborhood beautification, transit network resilience, etc. (and others to be identified by the community, project team, and consultant) • implications for the preservation of affordable housing, community cohesion, displacement, and community resilience • implications for the resilience —or impairment —of ecological functions and ecosystem services (which may include habitat provision, habitat resilience to sea level rise, water quality improvement, sediment management, carbon sequestration, or other functions) • economic feasibility (which may include order of magnitude level life -cycle cost estimates for different adaptation approaches, losses avoided, fiscal impact analysis, economic modeling or other methods or metrics to be determined in dialog with the project team) Subtask A.2b Present feasible adaptation approaches to elicit feedback from the community The consultant will work with the project team to develop culturally relevant and non -technical visual materials that engage the community and clearly convey the implications of the feasible, cohesive adaptation approaches. The materials will show how each measure relates to relative sea level rise and compound flooding levels, so the community understands "what works when and where". Communication materials need to convey the broad benefits, limitations, and tradeoffs of these different options, including considerations listed above. "Adaptation pathways" or other tools should be used to analyze these approaches and show how adaptation can be phased, achieved incrementally, or when critical points require a change in plan. Quantitative analysis based on physical thresholds like water levels or other metric like economic or environmental damages should be used to demonstrate the implications and trade-offs associated with different measures and to illustrate future risks. Creative communication formats to accompany this analysis including video and interactive approaches are strongly desired. A number of engagement methods may be appropriate including workshops, charrettes, digital engagement or open houses. The consultant will participate in designing an accessible and engaging process and documenting public feedback and integrating that feedback into subsequent iterations. This will require personnel fluent in Spanish. Task A.2 Deliverables: • Public facing: Visual -appealing summaries including graphic renderings of a range of adaptation approaches accompanied by plain -language descriptions in English, Spanish, and ADA accessible formats. • Public facing: Draft and revised presentation of the implications of different adaptation options including the co -benefits and tradeoffs. • Public facing: A short visual summary of public feedback and preferences during this phase • A short technical memo documenting the methods and assumptions used in the analysis Subtask A.3a: Refine and analyze adaptation approaches based on community input Winnowing the range of adaptation measures to a narrower set for more detailed analysis will depend on community priorities, planning horizons and flood impacts that are of greatest concern to the community, technical analyses, feedback from the Steering and Technical Advisory Committees, regulatory feasibility, ecological considerations, alignment with City plans and priorities, and effectiveness at reducing risks from relative sea level rise. During this phase of the project, the broader set of feasible adaptation measures will be refined and developed into more detailed analyses based on the community's expressed priorities and community discussions with consultants and the Project Team about (1) the feasibility and (2) implications and ecological, physical, economic, and safety tradeoffs across different measures. The consultant will host and facilitate community workshops (or other engagement activities) to elicit feedback and refine the potential measures that address sea level rise overtime and spatially in the impacted areas. Place -based renderings and other visuals will be developed by the consultant to support informed discussion about the measures. The consultant will prepare a vivid summary that captures the priorities, reactions, and preferences expressed by community members. Creative and accessible formats for this are encouraged. At a minimum this summary should also describe major points of consensus, priorities, and any preferences that may eliminate other future choices. Documentation of community decisions will remain important beyond this grant -funded process. Subtask A.3b: Summarize technical feasibility study A draft and final study will summarize the benefits, limitations, and tradeoffs presented by the adaptation approaches (or pathways) based on the list considerations analyzed (i.e., physical flood protection, economic, public access, ecological benefits etc.). Synthesis of complex information and visually engaging materials are expected. Creative and engaging formats are very welcome. This study summary should focus on clearly and objectively describing the feasibility and implications of these adaptation approaches in San Rafael including the ecological performance, regulatory feasibility, and potential timelines required for implementation and the longevity of protection provided. This task will include documenting the assumptions, gaps, and constraints with the feasibility of adaptation measures supported by the community. Subtask A.3b: Conceptual design of one adaptation measure The consultant team will research, prepare, and scope at least one spatially specific measure identified through community input for further design. The team will assemble technical and other background documents to assist the city with preparation of a scope of work for undertaking 30% design in a future project phase. Subtask A.3 Deliverables: • Public facing: Summary documentation of community input and priorities, including a brief summary in Spanish • Public facing: Draft Community -Informed Technical Feasibility Study, including an executive summary in Spanish • Final Community -Informed Technical Feasibility Study, including an executive summary in Spanish • A minimum of one sea level rise adaptation measure completed to conceptual design level Part B: Task 131.1: Improve physical science data that underpins the understanding of climate hazards Address critical physical data gaps, including a lack of measurement of current groundwater and surface water levels and how those are responding to rising sea levels and differential settlement. This data is necessary to project how much time remains to deploy adaptation measures and to clarify the potential extent, depth, and severity of compound flooding under future climate conditions. For example, if groundwater is too shallow or too strongly tidally influenced, conventional adaptation measures such as levees may not work. Similarly, understanding the projected rate of subsidence (which has been as fast as 6 inches/decade in some areas) is critical to understanding relative sea level rise, the timing of climate impacts and the vulnerability of existing levees. Another large source of uncertainty are the shoreline elevations along the canal, which are obscured by buildings and other built infrastructure. Determining the condition, elevation, and the geometry of the existing shoreline is necessary to accurately model flood risks. Basic modeling of compound flooding will also help determine the potential severity of flooding in the short term. Information about the stormwater system will be provided by the City. Geotechnical assessments are also needed to determine the technical feasibility of certain adaptation measures, such as a levee district, that have been proposed previously. This task will require field work and knowledge of local hydrogeology. This task will also require providing guidance on how on -going changes related to sea level rise intersect with existing resilience challenges. The exact surveying, monitoring, and modeling completed under this task can be determined through discussions with the Project Team and the professional recommendations of the consultant. The scale of analysis will be the operational landscape unit that includes the Canal; however, the priority area for more detailed analysis is the most vulnerable and densely -populated area south of the canal. This task is intended to be more detailed, more technical, and more focused on engagement with public agencies. Materials produced do not need to be public facing. Task 131.1: Deliverables: • Deployment of additional monitoring equipment (such as surface or groundwater monitoring equipment) • Completion of necessary elevation surveys and/or geotechnical work • Report summarizing the findings from the surveys and geotechnical work. • Updated mapping of projected flooding hazards; summary of findings and recommendations for future monitoring Task B2.1: Detailed vulnerability assessment of critical community facilities For this task the consultant will gather essential information on the exposure, sensitivity, and consequence of a flooding -induced failure of critical facilities and infrastructure. This would focus on assets with the most significant risks to life and safety, such as levees, evacuation routes, water infrastructure, the community center, health facilities, emergency response facilities, underground infrastructure, and others. This work includes updating GIS data, modeling and mapping, interviews with asset owners/managers, and on -the -ground site assessments to identify critical thresholds and the potential consequences of cascading infrastructure failures. As one example, the wastewater lift station that conveys the majority of wastewater for east San Rafael is located right on the bank of the canal. Based on its ground elevation, flood waters would be expected to be several feet. However, there are substantial knowledge gaps, including the critical threshold elevations, consequences of failure, and adaptive capacity. This analytical phase would address these gaps and would explore the implications of compounding hazards (i.e., sea level rise, increasing groundwater levels, subsidence, and more intense rain events, which increase the potential for saltwater intrusion, corrosion, liquefaction, and other impacts to infrastructure). This phase will focus on working across government levels to identify the most critical near -term climate risks. This task is intended to be more focused on engagement with professional asset managers and public agencies and materials do not need to be publicly facing. Task B2.1: Deliverables: • Report summarizing the findings Task B2.2: Integrating community concerns into the vulnerability assessment of critical community facilities For this task, the project team will lead community asset mapping with Canal residents. These structured conversations led by the project team will help ensure that residents' main concerns are brought out early in the process to inform the analysis from the beginning. While there will be a discussion of climate risks there will also be a focus on the positive social and community assets that are most important to quality of life and ensuring residents feel safe, well, and connected to their community. The consultant will be responsible for reviewing the outputs of this community work and weaving the communities priorities into the vulnerability analysis and final prioritization of actions. Task B3: Prioritizing adaptation actions in concert with the community engagement Building directly on the community's expressed priorities and the findings from the vulnerability analysis, this task would rank and prioritize adaptation measures where they are most needed to ensure that infrastructure (including community infrastructure) can continue to provide essential services. Measures would be evaluated based on criteria developed collaboratively but would likely include their criticality, vulnerability, public health and safety implications, costs, and co -benefits identified. The consultant would be responsible for integrating community input shared during the community engagements. Task 133: Deliverables • Public facing: Report on the findings Task B4.1: Final community engagement All project partners, including the consultant, will be involved in hosting the final community engagements, which will focus on sharing the results and seeking the community's input on the most important adaptation actions that should be prioritized. Task B4.1 Deliverables •Public facing: A short summary in English and Spanish showing or describing how the final recommendations were changed to better reflect community priorities Task B4.2 Final Recommendations All prior project activities will feed directly into the development of the final recommendations, which will present a prioritized set of actionable adaptation actions. This will also include policy recommendations that would best address the Canal community's adaptation and resiliency priorities that are identified through this planning process. This final deliverable should speak directly to how risks that are being amplified by climate change relate to other on -going resilience stresses in the area and relate to other on -going planning initiatives such as the Priority Development Area plan for this same geography. Task B4.2 Deliverables: • Public facing: Final Report Y U m m O N m LL ICL v1 rc a .n E c E U O O E C .9 mcv �m o U E aL G E j NO N3 U Cp G N m ya• O O —._ C QC GQ u. w U 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 claim/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONSULTANT's negligent 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 ISO form CG20 010413. 3. Except for professional liability insurance or workers' compensation insurance, the insurance policies shall include, in theirtext 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 broaderthan 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 shall have subcontractors provide proof of coverage that is in conformity with the requirements of this Agreement. CONSULTANT 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 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 reasonable satisfaction. 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 copy of any insurance policy and endorsements from CONSULTANT with confidential information removed. 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. EXHIBIT C COMPENSATION San Rafael SLR Adaptation Planning Services Task Description Fee Effort % Part A Community Informed Technical Feasibility Study $ 320,000 100% A.1 Summarize vulnerability data in "Briefing Book" $ 48,000 15% A.2a Identify, analyze & present adaptation approaches $ 80,000 25% A.2b Present feasible approaches for community feedback $ 80,000 25% A.3a Refine & analyze approaches based on community input $ 80,000 25% A.3b Summarize technical feasibility study $ 16,000 5% A.3c Conceptual design of one adaptation measure $ 16,000 5% Part B Vulnerability Assessment & Data Collection $ 200,000 100% 131.1 Improve physical science data $ 80,000 40% B2.1 Detailed vulnerability assessment of critical facilities $ 40,000 20% Integrating community concerns into vulnerability B2.2 assessment $ 20,000 10% B3 Prioritizing actions with community engagement $ 20,000 10% B4.1 Final community engagement $ 20,000 10% B4.2 Final recommendations $ 20,000 10% CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: City Manager - Sustainability Project Manager: Katherine Hagemann Extension: 415-256-5534 Contractor Name: Moffatt & Nichol Contractor's Contact: Dilip R. Trivedi Contact's Email: dtrivedi@moffattnichol.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION I COMPLETED REVIEWER DEPARTMENT a. Email PINS Introductory Notice to Contractor DATE Check/Initial 1 Project Manager n/a b. Email contract (in Word) and attachments to City 12/18/2023 Attorney c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement 2/8/2024 and return to Project Manager ®NT b. Confirm insurance requirements, create Job on ©NT PINS, send PINS insurance notice to contractor 2/8/2024 3 Department Director Approval of final agreement form to send to contractor Forward three (3) originals of final agreement to n/a 4 _ Project Manager contractor for their signature 5 Project Manager When necessary, contractor -signed agreement ❑ N/A agendized for City Council approval * 'City Council approval required for Professional Services Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 1/16/2024 Date of City Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City 4/17/2024 KH Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed agreement 8 City Attorney Review and approve insurance in PINS, and bonds 4/17/2024 1 (for Public Works Contracts) 9 City Manager / Mayor Agreement executed by City Council authorized official Attest signatures, retains original agreement and 10 City Clerk forwards copies to Project Manager Moffatt & Nichol - Sea Level Rise Adaptation Planning Final Audit Report Services Created: 2024-04-17 By: Laraine Gittens (laraine.gittens@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAArTWY61BgU4noBcYuafhlU3Rp96icp2Eu 2024-04-22 "Moffatt & Nichol - Sea Level Rise Adaptation Planning Services " History Document created by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2024-04-17 - 4:18:06 PM GMT- IP address: 199.88.113.8 El Document emailed to Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) for signature 2024-04-17 - 4:27:55 PM GMT Email viewed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) 2024-04-17 - 5:18:08 PM GMT- IP address: 104.47.64.254 d0 Document e-signed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) Signature Date: 2024-04-17 - 5:20:33 PM GMT - Time Source: server- IP address: 199.88.113.8 P4 Document emailed to Brenna Nurmi (brenna.nurmi@cityofsanrafael.org) for approval 2024-04-17 - 5:20:35 PM GMT Email viewed by Brenna Nurmi (brenna.nurmi@cityofsanrafael.org) 2024-04-17 - 5:20:57 PM GMT- IP address: 104.47.64.254 d0 Document approved by Brenna Nurmi (brenna.nurmi@cityofsanrafael.org) Approval Date: 2024-04-17 - 5:21:03 PM GMT - Time Source: server- IP address: 199.88.113.8 C'. Document emailed to cristine.alilovich@cityofsanrafael.org for signature 2024-04-17 - 5:21:05 PM GMT Email viewed by cristine.alilovich@cityofsanrafael.org 2024-04-22 - 6:17:29 PM GMT- IP address: 75.104.111.10 lS© Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich 2024-04-22 - 9:56:42 PM GMT- IP address: 75.104 111.10 Ea Adobe Acrobat Sign &o Document e-signed by Cristine Alilovich(cristine.alilovich@cityofsanrafael.org) Signature Date: 2024-04-22 - 9:56:44 PM GMT - Time Source: server- IP address: 75.104.111.10 1,7 ► Document emailed to brenna.nurmi@cityofsanrafael.org for signature 2024-04-22 - 9:56:45 PM GMT Email viewed by brenna.nurmi@cityofsanrafael.org 2024-04-22 - 10:12:01 PM GMT- IP address: 104.47.64.254 6© Signer brenna.nurmi@cityofsanrafael.org entered name at signing as Brenna Nurmi (for) 2024-04-22 - 10:12:16 PM GMT- IP address: 199.88.113.8 d© Document e-signed by Brenna Nurmi (for) (brenna.nurmi@cityofsanrafael.org) Signature Date: 2024-04-22 - 10:12:18 PM GMT - Time Source: server- IP address: 199.88.113.8 Agreement completed. 2024-04-22-10:12:18 PM GMT a Adobe Acrobat Sign