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HomeMy WebLinkAboutPW PG&E EV Fleet Program Application Support ServicesAGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SAN RAFAEL AND NV5 CONSULTANTS, INC. FOR PG&E EV FLEET PROGRAM APPLICATION SUPPORT SERVICES This Agreement is made and entered into as of AUg 26, 2024 (the "Effective Date"), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation (hereinafter "CITY"), and NV5 CONSULTANTS, INC., a Minnesota corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement." RECITALS A. CITY desires to secure professional services more fully described in this Agreement, at Exhibit A, entitled "SCOPE OF SERVICES"; and B. CONSULTANT represents that it, and its subcontractors, if any, have the professional qualifications, expertise, and necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of CITY; and C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for. NOW, THEREFORE, the parties hereby agree as follows: AGREEMENT SERVICES TO BE PROVIDED. Except as otherwise may be expressly specified in this Agreement, CONSULTANT shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise (collectively referred to as "Services") to 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 July 25, 2024 ("Proposal") set forth in I : x h i b i t A, which constitutes the basis for this Agreement. 2. COMPENSATION. In consideration for CONSULTANT's performance of Services, CITY shall pay CONSULTANT for all materials provided and services rendered by CONSULTANT a fixed fee in the amount of $20,000 for the initial EV fleet applications and a not to exceed amount of $15,000 Rev 08 22 for ongoing application support and assistance, as further described in Ixiiibit A, for a total amount not to exceed $35,000. CONSULTANT will bill City on a monthly basis for Services provided by CONSULTANT during the preceding month, subject to verification by CITY. CITY will pay CONSULTANT within thirty (30) days of City's receipt of invoice. 3. TERM OF AGREEMENT. Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the Effective Date of this Agreement and terminate on one (1) year from the Effective Date. 4. PROJECT COORDINATION. A. CITY'S Project Manager. Jonathan Schellin 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. Brent Johnson is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONSULTANT shall notify the CITY within ten (10) business days of the substitution. 5. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified parry's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither 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. 08.22 2 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' 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, 08.22 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 parry, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 08.22 4 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: Jonathan Schellin, Deputy Director of Public Works 111 Morphew Street San Rafael, CA 94901 15. INDEPENDENT CONTRACTOR. To CONSULTANT's Project Director: Brent Johnson, Principal 101 Lucas Valley Rd, #302 San Rafael, CA 94973 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, 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 parry 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 parry 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 I.I(T"NSI: / 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. 08.22 6 [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: Cristino ,4lilovich Cristine Ahlovich (Aug 26, 2024 20:27 PDT) CRISTINE ALILOVICH, City Manager APPROVED AS TO FORM: Office of the City Attorney lbbept T 15mmih Robert F. Epstein (Aug 23, t024 15:49 PDT) By: ROBERT F. EPSTEIN, City Attorney ATTEST: City Clerk Brenna Nurmi Ilor) (Aug 27. 202 :34 PDT) LINDSAY LARA, City Clerk v 08.22 8 CONSULTANT: Fnd , bo n'Joil Brent Johnson (Aug 22, 2024 15:46 PDT) By: NV5 Consultants, Inc. Name: Brent Johnson Title: Vice President, Clean Transportation [If CONSULTANT is a corporation, add signature of second corporate officer] 7-howC. Yyr, &wd Thomas C. Williard (Aug23, 2024 09:47 PDT) By: NV5 Consultants, Inc. Name: Thomas C. Williard Title: Vice President EXHIBIT A SCOPE OF SERVICES The Services to be performed for CITY by CONSULTANT under this Agreement are more fully described in CONSULTANT's proposal, which is attached to this Exhibit A. Rev. 08.22 A-1 Task Order PG&E EV Fleet Application Assistance Project # P59823-2306601.00 This Task Order is pursuant to the Professional Services Agreement ("PSA") between NV5 Consultants, Inc. ("NV5") and The City of San Rafael ("CLIENT"). This Task Order must be mutually executed before work is commenced. PROJECT CONTACTS Name: Brent Johnson, PE, LEED AP Title: Principal Email: brent.johnson@nv5.com Phone: 415-851-9076 Address: 101 Lucas Valley Rd, #302 San Rafael, CA 94973 PROJECT OVERVIEW Name: Jonathan Schellin Title: Deputy Director of Public Works Email: jonathan.schellin@cityofsanrafael.org Phone: 415-485-3354 Address: 111 Morphew Street San Rafael, CA 94901 This task order outlines NV5's support with applying for and managing the PG&E EV Fleet Program for two CLIENT sites. CLIENT is seeking to transition its fleet to electric vehicles (EVs) to meet regulatory requirements and City goals. CLIENT's fleet is comprised of approximately 65 fleet vehicles ("white fleet") including police patrol cars, maintenance and service vehicles, and administrative vehicles housed at two main sites - Department of Public Works and City Hall/Public Safety. CLIENT has existing EV's in their fleet and has near -term and ongoing purchases planned. The following is an outline of the tasks NV5 will perform to support the CLIENT. A detailed Scope of Work follows outlining our efforts: 1) PG&E EV Fleet Program Assistance - Collect data required for PG&E EV Fleet applications. - Review City's EV transition plans and suitable charging equipment. - Develop concepts for each site sufficient for application to utility program - Engage with PG&E to review selected equipment, siting, and proposed power levels. - Prepare and assist City with submittal of application. - Provide ongoing support with EV Fleet process. - Optional: Assist CLIENT to pursue and manage additional grants and incentives. SCOPE OF WORK Task 1 PG&E EV Fleet Program Assistance Assist CLIENT with preparing, submitting, and ongoing management of PG&E EV Fleet application for two (2) CLIENT sites. This task includes selecting charging equipment and power levels and developing a preliminary concept of the behind -the -meter (BTM) charging equipment at the two sites. An optional task is included to assist with other grant and incentive applications for vehicles and/or infrastructure. 1.1 Conduct a kickoff meeting to define goals and objectives, identify assumptions and constraints, and outline the data and input required from CLIENT. 1.2 Collect site details from CLIENT, including any available as -built information and studies. 1.3 In collaboration with CLIENT, define fleet transition schedule aligned with PG&E requirements (5-years). Review longer -range transition plan with CLIENT (10-year) to explore infrastructure phasing and trunk infrastructure needs. 1.4 Review EVSE and control software options with CLIENT suitable for vehicles to be charged. Assist CLIENT with selecting appropriate EVSE for PG&E application (on PG&E approved list, appropriate power levels). 1.5 Visit sites, review existing electrical infrastructure and site improvements, review preferred siting with CLIENT. 1.6 Develop Electric Vehicle Supply Equipment (EVSE) concept plan sufficient for EV Fleet application. Identify preferred switchgear and dispenser siting. 1.7 Engage with EV Fleet representative and review preliminary concept and details of application. Adjust application assumptions as -needed based on conversations with PG&E. 1.8 Prepare EV Fleet application in coordination with CLIENT and submit to PG&E. With support from NV5, CLIENT is responsible for submitting the application to PG&E or delegating responsibility to NV5 to handle on their behalf. 1.9 Provide ongoing coordination with PG&E EV Fleet program as -needed to advance the City's applications. 1.10 OPTIONAL: Assist CLIENT with identifying, applying for, and managing additional grants, incentives, and rebates for EVs and EV Infrastructure. Site Visits: One for site inspection. SCHEDULE AND DELIVERABLES 1 PG&E EV Fleet August 2024 July 2025 — PG&E EV Fleet application Application documents Assistance — Ongoing Utility coordination NV5 anticipates EV Fleet applications can be completed and submitted within one month of NTP, dependent on City decision processes and PG&E EV Fleet availability to meet prior to applications submission. Additional time in the schedule noted above is for ongoing support with EV Fleet process as -needed. PROJECT REQUIREMENTS AND ASSUMPTIONS 1. Travel to CITY sites per site visit assumptions outlined in Scope of Services. Project travel generally assumes one representative per visit unless otherwise noted. Additional travel beyond the trips listed may require additional budget. 2. Assumes schedule listed. Delays or extension of the assumed schedule outside of NV5's control may require additional fees. 3. All deliverables will be provided in electronic format. 4. Site information/data, including as-builts, will be made available to NV5 as needed. 5. Scope of work excludes any detailed EV transition planning for CLIENT. CLIENT will provide 5-year vehicle purchase plan sufficient for PG&E EV Fleet application and any review of transition beyond 5- years will be high-level. NV5 can develop a detailed fleet transition plan and capital plan aligned with CARB regulations and CLIENT goals under a separate scope and budget. 6. If needed for high-level planning, fleet data will be made available by CLIENT as -needed.. 7. Assumes NV5 will coordinate fleet data collection with a single CITY or CLIENT point of contact. 8. Scope does not include any due diligence beyond visual inspection of facilities and review of as -built drawings. Scope explicitly excludes detailed review/modification of existing electrical infrastructure, load studies, and topographic/underground survey. 9. EVSE assumed to be supplied from new electrical service implemented under the PG&E EV Fleet Program. 10. Scope in this task order does not include design services, detailed design of facilities, construction drawings, engineer of record stamping, or permitting. Concept drawing will be schematic and sufficient for PG&E EV Fleet application. 11. Up to two iterations of the preliminary concept based on CITY/CLIENT feedback. Additional requested revisions, decision changes, or introduction of new data may require additional budget. 12. CLIENT/CITY will provide necessary staff support for timely response to questions, reviews, decisions, and data requests. FEE AND PAYMENT SCHEDULES The Task fees listed in this section are based on anticipated workload for the scope set forth in this Task Order. NV5 has set a fixed fee for the initial applications, with a Time and Materials, Not -to -Exceed (T&M, NTE) budget for any follow-on support with the EV Fleet application or other grant and incentive programs as -shown in the table below. 1.1 Initial EV Fleet Applications (2 sites, $10,000/site) $20,000 $20,000 12 Ongoing EV Fleet Application Support & $15,000 $15,000 As -Needed Assistance with Other Grants/Incentives Total $20,000 $15,000 $35,000 HOURLYFEE SCHEDULF T&M work is billed at the hourly rates listed below for project work completed through December 31, 2025. Updated hourly fees will be provided by Sage as necessary prior to each new calendar year. SAGE will not exceed project NTE limits without the consent of CLIENT. BILLING ANIa) HAYIV'IL.Ind I I ERMS NV5 invoices monthly with terms of Net 30. PEIINIEURS.AELE EXPENSES Fees assume all deliverable materials for the project will be provided digitally. Printed copies of documents will be billed at cost plus 10%. For time and materials fee structure projects, all reasonable and ordinary expenses are reimbursable at cost plus 10%. y L lk Z) No travel costs are anticipated for this scope of work. No subconsultants are anticipated for this scope of work. If a subconsultant becomes necessary and is approved by CLIENT, subconsultant fees will be passed through at cost plus 15%. Subject Matter Expert $430 $450 Principal $325 $340 Associate Principal $290 $305 Project Manager IV $270 $285 Construction Manager III $265 $280 Design Engineer (PE) III $260 $275 Engineer/Data Scientist III $255 $270 Project Manager III $250 $265 Design Engineer (PE) II $245 $255 Construction Manager II $240 $250 Project Manager II $235 $245 Project Engineer/Specialist V $223 $235 Design Engineer (PE) 1 $200 $205 Engineer/Data Scientist II $220 $230 Construction Manager 1 $210 $220 Project Manager 1 $215 $225 Project Engineer/Specialist IV $205 $215 Sr. Analyst/Technician $195 $205 Designer III $188 $195 Project Engineer/Specialist III $188 $195 Engineer/Data Scientist 1 $185 $195 Associate Project Manager $205 $215 Assistant Project Manager $175 $185 Analyst/Technician $165 $175 Designer 11 $164 $170 Project Engineer/Specialist 11 $164 $170 Sr. Project Coordinator $155 $165 Project Engineer/Specialist 1 $147 $155 Project Coordinator $145 $150 Designer 1 $140 $145 Intern $125 $130 Drafter II $123 $130 Drafter 1 $106 $110 Project Administrator $100 $105 Sr. CAD Operator $100 $105 CAD Operator $85 $90 IN WITNESS WHEREOF, authorized representatives of both NV5 and CLIENT have executed this agreement as of the date set forth below. Name: Brent Johnson, PE, LEED AP Name: Title: Principal Title: Date: Date: EXHIBIT B INSURANCE REQUIREMENTS During the term of this Agreement, and for any time period set forth below, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in this Exhibit B. A. Scope of Coverage. During the term of this Agreement, CONSULTANT shall maintain, at no expense to CITY, the following insurance policies: 1. Commercial general liability. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. Automobile liability. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence. 3. Professional liability. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONSULTANT's performance of services under this Agreement. Where CONSULTANT is a professional not required to have a professional license, CITY reserves the right to require CONSULTANT to provide professional liability insurance pursuant to this section. 4. Workers' compensation. If it employs any person, CONSULTANT shall maintain workers' compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. CONSULTANT's workers' compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONSULTANT in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance or workers' compensation insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) under the policies. 2. The additional insured coverage under CONSULTANT's insurance policies shall be "primary and noncontributory" with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CONSULTANT'S policies shall be at least as broad as Rev. 08.22 B-1 ISO form CG20 0104 13. 3. Except for professional insurance, the insurance policies shall include, contractual liability and personal injury. liability insurance or workers' compensation in their text or by endorsement, coverage for 4. By execution of this Agreement, CONSULTANT hereby grants to CITY a waiver of any right to subrogation which any insurer of CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. 5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the Effective Date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the CONSULTANT under this Agreement. 9. CONSULTANT agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by CONSULTANT, provide the same minimum insurance coverage required of CONSULTANT, except as with respect to limits. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. CONSUTLANT agrees that upon request by CITY, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the performance of Services will be submitted to CITY for review. 10. CONSULTANT agrees to be responsible for ensuring that no contract used by any party involved in any way with the Services reserves the right to charge CITY or CONSULTANT for the cost of additional insurance coverage required by this Agreement. Any 08.22 B-2 such provisions are to be deleted with reference to CITY. It is not the intent of CITY to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against CITY for payment of premiums or other amounts with respect thereto. C. Deductibles and SIR's. Any deductibles or self -insured retentions in CONSULTANT's insurance policies must be declared to and approved by the CITY and shall not reduce the limits of liability. Policies containing any self -insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured 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. PSA - PG&E EV Fleet Program Application Assistance Final Audit Report Created: 2024-08-22 By: Shannon Mackle (shannon.mackle@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAKBgK_9FZ6z-klrVAk8NHJGbEyd6sulol 2024-08-23 "PSA - PG&E EV Fleet Program Application Assistance" History Document created by Shannon Mackle (shannon.mackle@cityofsanrafael.org) 2024-08-22 - 9:05:30 PM GMT- IP address: 199.88.89.34 P* Document emailed to brent.johnson@nv5.com for signature 2024-08-22 - 9:08:53 PM GMT Email viewed by brent.johnson@nv5.com 2024-08-22 - 9:39:54 PM GMT- IP address: 168.151.51.209 &,D Signer brent.johnson@nv5.com entered name at signing as Brent Johnson 2024-08-22 - 10:46:44 PM GMT- IP address: 142.254.126.227 b© Document e-signed by Brent Johnson (brent.johnson@nv5.com) Signature Date: 2024-08-22 - 10:46:46 PM GMT - Time Source: server- IP address: 142.254.126.227 24 Document emailed to tom.williard@nv5.com for signature 2024-08-22 - 10:46:47 PM GMT Email viewed by tom.williard@nv5.com 2024-08-23 - 4:43:41 PM GMT- IP address: 162.251.124.78 da Signer tom.williard@nv5.com entered name at signing as Thomas C. Williard 2024-08-23 - 4:47:24 PM GMT- IP address: 162.251.124.78 iS© Document e-signed by Thomas C. Williard (tom.williard@nv5.com) Signature Date: 2024-08-23 - 4:47:26 PM GMT - Time Source: server- IP address: 162.251.124.78 Z!: Agreement completed. 2024-08-23 - 4:47:26 PM GMT / J�( SAN RAFAEL PbY Adobe �w Acrobat Sign RAP <1 �1 z �o l�ry WITH P c�`y CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Shannon Mackle (for Jonathan Schellin) Extension: 3353 Contractor Name: NV5, Inc Contractor's Contact: Brent Johnson Contact's Email: brent.johnson@nv5.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to ❑ enter a date. b. Email contract (in Word) and attachments to City 7/30/2024 Attorney c/o Laraine.Gittens@cityofsanrafael.org ❑X SM 2 City Attorney a. Review, revise, and comment on draft agreement 8/22/2024 and return to Project Manager 8/22/2024 ❑X NT b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor © NT 3 Department Director Approval of final agreement form to send to 8/22/2024 ® AM contractor Forward three (3) originals of final agreement to 4 Project Manager 8/22/2024 contractor for their signature When necessary, contractor -signed agreement 5 Project Manager ® 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 Click here to Date of City Council approval enter a date PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City 8/23/24 SM Attorney with printed copy of this routing form Review and approve hard copy of signed 7 City Attorney agreement Review and approve insurance in PINS , and bonds 8 City Attorney (for Public Works Contracts) 9 City Manager / Mayor Agreement executed by City Council authorized official 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager PSA - NV5 Consultants, Inc. - PG&E EV Fleet Program Application Final Audit Report Support Services 2024-08-27 Created: 2024-08-23 By: Nataly Torres (nataly.torres@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAGxxYBSdViY9Raj9CtDLbyVJUf2vgZSfq "PSA - NV5 Consultants, Inc. - PG&E EV Fleet Program Applicat ion Support Services" History Document created by Nataly Torres (nataly.torres@cityofsanrafael.org) 2024-08-23 - 6:30:35 PM GMT- IP address: 99.145.194.25 i-y Document emailed to rob.epstein@cityofsanrafael.org for signature 2024-08-23 - 6:33:13 PM GMT Email viewed by rob.epstein@cityofsanrafael.org 2024-08-23 - 10:48:49 PM GMT- IP address: 104.28.124.163 6© Signer rob.epstein@cityofsanrafael.org entered name at signing as Robert F. Epstein 2024-08-23 - 10:49:12 PM GMT- IP address: 104.28.123.164 00 Document e-signed by Robert F. Epstein (rob.epstein@cityofsanrafael.org) Signature Date: 2024-08-23 - 10:49:14 PM GMT - Time Source: server- IP address: 104.28.123.164 P'w Document emailed to city.clerk@cityofsanrafael.org for approval 2024-08-23 - 10:49:15 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-08-26 - 3:44:56 PM GMT- IP address: 67.169.52.201 4- Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi 2024-08-26 - 4:39:52 PM GMT- IP address: 199.88.113.8 bQ Document approved by Brenna Nurmi(city.clerk@cityofsanrafael.org) Approval Date: 2024-08-26 - 4:39:54 PM GMT - Time Source: server- IP address: 199.88.113.8 17. Document emailed to cristine.alilovich@cityofsanrafael.org for signature 2024-08-26 - 4:39:56 PM GMT U��, SAN RAFAEL Adobe by Acrobat Sign Email viewed by cristine.alilovich@cityofsanrafael.org 2024-08-27 - 3:26:50 AM GMT- IP address: 104.47.65.254 6© Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich 2024-08-27 - 3:27:08 AM GMT- IP address: 76.103.109.159 6© Document e-signed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) Signature Date: 2024-08-27 - 3:27:10 AM GMT - Time Source: server- IP address: 76.103.109.159 P-4 Document emailed to city.clerk@cityofsanrafael.org for signature 2024-08-27 - 3:27:12 AM GMT Email viewed by city. clerk@cityofsanrafael.org 2024-08-27 - 2:34:28 PM GMT- IP address: 104.47.64.254 6© Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi (for) 2024-08-27 - 2:34:47 PM GMT- IP address: 199.88.113.8 60 Document e-signed by Brenna Nurmi (for) (city.clerk@cityofsanrafael.org) Signature Date: 2024-08-27 - 2:34:49 PM GMT - Time Source: server- IP address: 199.88.113.8 Agreement completed. 2024-08-27 - 2:34:49 PM GMT by SAN RAFAEL Adobe PO1 obe � >� "'s"' Acrobat Sign