HomeMy WebLinkAboutPW Nesting Bird Survey ServicesAGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SAN RAFAEL AND SEQUOIA ECOLOGICAL CONSULTING, INC. FOR NESTING BIRD SURVEY SERVICES This Agreement is made and entered into as of DeC 12, 2024 (the "Effective Date"), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation (hereinafter "CITY"), and SEQUOIA ECOLOGICAL CONSULTING, INC., 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 November 1, 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 at the unit rates and rates per hour for labor, as set forth in I- x h i h i t A, for a total amount not to exceed Rev 08 22 $24,999. 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 August 1, 2026. 4. PROJECT COORDINATION. A. CITY'S Project Manager. Calvin Schrader, Senior Vegetation Management Specialist 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. Kyle Verblaauw 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 (3 0) 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's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONSULTANT's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONSULTANT's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT'S performance of or operations under this Agreement, CONSULTANT shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. B. Where the services to be provided by CONSULTANT under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil Code sections 2782, 2782.6 and 2782.8, CONSULTANT shall indemnify and hold harmless the CITY and its officers, officials, and employees (collectively City Indemnitees) from and against damages, liabilities or costs (including incidental damages, Court costs, reasonable attorney's fees as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in connection therewith and costs of investigation) to the extent they are caused by the negligence, recklessness, or willful misconduct of CONSULTANT, or any subconsultants, or subcontractor or anyone directly or indirectly employed by them, or anyone for whom they are legally liable (collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct of such City Indemnitee. C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period 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 LA\ S. 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. v 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: Calvin Schrader, SVMS 1400 Fifth Avenue San Rafael, CA 94901 15. INDEPENDENT CONTRACTOR. To CONSULTANT's Project Director: Kyle Verblaauw, Project Manager 1342 Creekside Drive Walnut Creek, CA 94596 For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of 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, v 08 22 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 tern, condition, covenant ofthis 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. v 08 22 6 [Signatures are on the followingpage.] X0822 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL: Cristi ne Alilovich (Dec 12, 2024 20:56 PST) CRISTINE ALILOVICH, City Manager APPROVED AS TO FORM: Office of the City Attorney R0h rt- P 42&23.L Robert F. Epstein (Dec 1t, 202413:06 PST) By: ROBERT F. EPSTEIN, City Attorney ATTEST: City Clerk Emile Nwwi Yo Brenna Nurmi (for) (Dec 13, 20240 :33 PST) LINDSAY LARA, City Clerk 08.22 8 CONSULTANT: Sequoia Ecological Consulting, Inc. By: W. , ��,7L Name: DEBIE MONTANA Title: Presid�ent/CEO [If CONSULTANT is a corporation, add signature of second corporate officer] Sequoia Ecological Consulting, Inc. By: -7A Name: Bill Montana Title: CFO 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 SEQUOIA Ecological Consulting, Inc. Date: November 1, 2024 To: Calvin Schrader Senior Vegetation Management Specialist City of San Rafael Fire Department 1375 Fifth Avenue San Rafael, CA 94901 From: Kyle Verblaauw Biologist and Project Manager Sequoia Ecological Consulting, Inc. RE: Nesting Bird and Environmental Surveys for Vegetation Management Projects ConducteSby San Rafael Fire Department Scope of Work annnnlCost mate Dear Mr. Schrader, Sequoia Ecological Consulting, Inc. (Sequoia s &supp vide this scope of work and cost estimate for nesting bird and specialized environmental su aof the City of San Rafael Fire Department's 2025 vegetation management projects in San Rafa cc o ingly, Sequoia proposes the following scope of work: Scope of Work-., Task 1: Nesting Bird Surveys A Sequoia biologist will conduct a weekly or as needed nesting bird survey of the project site(s) while fuels reduction and hazardous vegetation management work are ongoing during the nesting bird season, generally between February 1 and July 31. The nesting bird survey area will consist of the project site and a 250 -foot zone of influence for all raptors and other avian species, as access allows. The biologist conducting the survey will search all potential nesting substrates for all nest types (e.g., ground, cavity, shrub/tree, and building/structural). The biologist will conduct a meandering transect survey, stopping every 50 feet to scan for nesting activity throughout the project site and zone of influence. Following the survey, Sequoia will promptly communicate the results of the survey to the Client via phone, either through a phone call or text message. The biologist will also prepare a survey report summarizing the survey results to be sent to the Client following the survey. The report will include the a Sequoia Ecological Consulting, Inc. Page 2025 Hourly Rate Schedule 2 of 6 surveyor(s) name, date and time of the survey, weather conditions (temperature, wind speed, cloud cover) and observations of avian species, active nests, or the absence of observed nesting activity during the survey. The report will also include labeled photographs and GPS locations of any active nests observed during the survey. The GPS locations will be provided in a map of the survey area and results and as a KML/KMZ file if requested. If nesting birds are discovered during the survey, the biologist will implement an appropriate buffer according to species. Passerines will generally receive a 50 -foot buffer, and raptors will receive a 250 - foot buffer. If required, subsequent nesting bird surveys would be conducted with additional budget to determine the nesting status of previously observed nests and identify acceptable work areas and activities that will not disturb nesting birds. Deliverables: ■ Nesting Bird Sury eport Assumptions: ■ Survey will be limited to the • All project -related GIS data c KMZ. San Rafael, Marin County, CA. be available upon request as a Google Earth u ,a 1,,W ■ An estimated total of fourteen (14) nesting bird surveys are included under this scope of work assuming a full-day (8 hour) effort per survey. Quantity of surveys is an estimate and may vary based upon survey area size and duration. ■ If specialized environmental surveys are not needed, additional nestffig bird surveys can be conducted as needed up to the NTE value. • Costs are outlined below for a single nesting bird survey. If more than 7 days lapse between the survey and site disturbance, the survey should be repeated per Sequoia recommendation based on nesting bird behavior. Task 2: Specialized Environmental Surveys Sequoia will perform specialized environmental surveys (as needed) to identify suitable habitat for sensitive resources within the boundary of the project limits and the project's zone of influence. Examples of this type of survey include but are not limited to assessment of bat habitat or assessment of northern spotted owl habitat. The specialized environmental survey will be conducted by a senior biologist with necessary qualifications and survey methodology will be dependent on the type of survey required. Sequoia Ecological Consulting, Inc. I Page 2025 Hourly Rate Schedule 3 of 6 Following the survey, Sequoia will prepare a survey report to be sent to the Client. The report will include the surveyor(s) name, date and time of the survey, weather conditions (temperature, wind speed, cloud cover) and observations of wildlife species, potential suitable habitat, or the absence of suitable habitat for sensitive species. The report will also include labeled photographs and GPS locations of suitable habitat observed during the survey. Deliverables: ■ Sequoia will provide a survey report summarizing results and methodology of the specialized environmental survey ■ Sequoia will map se resources and habitats observed during the survey and will provide the data to the Cl. in a and/or PDF format as preferred Assumptions: • One (1) Sequoia �the project site during a single one -day site visit to perform the specialized environmental survey. Gera.6ions ■ The Client will provide Sequoia with known access routes to the project site. The Client will notify any private landownersn anagers of Sequoia's work activities prior to the site visit as necessary. • This scope of work does not include any biologica mo ®ring services, botanical surveys, protocol -level surveys or site sampling. Additional services not included under this scope may be provided on a time and materials basis per the 2025 Sequoia Rate Schedule with written authorization and additional budget. • Deliverables will be submitted electronically; reports will be provided in a PDF file format, and available upon request in Microsoft Word file format. • Sequoia will provide services on a time and materials (T&M) basis per the attached 2025 • Mileage will be charged at standard GSA rate. One bridge toll expense per day per surveyor is included in this cost. • Cost estimate does not include approvals, coordination, or communication with any regulatory agencies, outside consultants, or other entities; these services may be provided under an amended scope as requested. Cost Sequoia Ecological Consulting, Inc. Page 2025 Hourly Rate Schedule 4 of 6 Sequoia proposes work to include nesting bird surveys, and a specialized environmental survey as needed. Sequoia anticipates providing services on a time -and -materials basis up to a not -to -exceed (NTE) value of $24,999. Task Quantity Cost Task 1. Nesting Bird Surveys and Reports 14 $1,596 Task 2. Specialized Environmental Survey (as needed) 1 $2,655 TOTAL - $24,999 We appreciate this opportunity to work with you and look forward to supporting this project. Please do not hesitate to contact me if you have any questions regarding our proposal. Thank you for your consideration. Sincerely, SEQUOIA ECOLOGICAL CONSULTING, INC. Kyle Verblaauw ) Biologist — Project Manager Rachel),§Cardona I Ecologist —Assistant Project Mobile: 201.787.1738 Manager } Main: 925.855.5500 Mobile: 650.823.0587 kverblaauw@sequoiaeco.com Main: 9f-5.855.5500 rcardona@sequoiaeco.com Sequoia Ecological Consulting, Inc. Page cc 2025 Hourly Rate Schedule 5 of 6 SEQUOIA ECOLOGICAL CONSULTING, INC. 2025 HOURLY RATE SCHEDULE Environmental Services Env. Project Management Clerical Field Technician 1 $95 Assistant Project Manager 1 $173 Project Administrator Field Technician 2 $110 Assistant Project Manager 2 $179 Technical Editor 1 Field Technician 3 $121 Assistant Project Manager 3 $184 Technical Editor 2 Staff Biologist 1 $126 Project Manager 1 $189 Technical Editor 3 Staff Biologist 2 $131 oject Manager 2 $194 Senior Technical Editor Staff Biologist 3 $1 Project Manager 3 $200 Associate Biologist 1 $142 Project Manager 4 $210 Geographic Information Services Associate Biologist st 2 $147 toject t4tanager 5 $221 (GIS) Associate Biologist 3 g' $152 Project Manager 6 $231 GIS Technician 1 Project Biologist 1 g' $158 Sr. J roject Manager 1 $242 GIS Technician 2 Project Biologist 2 � g' $163 Sr. Project Manager2 $252 GIS Technician 3 Project Biologist 3 f g' $168 Sr. Project Manage $263 GIS Analyst 1 Resource Specialist 1 p $173 Program Manage $'�3 GIS Analyst 2 Resource Specialist 2 p $179 Program Manager $ GIS Analyst 3 Resource Specialist 3 p $184 Program Manager 3 GIS Project Manager 1 SeniorBiologist 1 (Sr.)( ) g' $189 Principal $305 GIS Project Manager 2 Sr. Biologist 2 g' $194 Principal IS Project Manager 3 $315 p Sr. Biologist 3 g' $200 Principal 3 $326' IS Specialist 1 Sr. Scientist 1 $210 Sr. Principal 1 $336 GIS Specialist 2 Sr. Scientist 2 $221 Sr. Principal 2 $347 GIS Specialist 3 Sr. Scientist 3 $231Sr. Principal 3 $357 GIS Program Manager 1 Sr. Technical Specialist 1 $242 GIS Program Manager 2 Sr. Technical Specialist 2 p $252 Botanist/Arborist Services GIS Program Manager 3 Sr. Technical Specialist 3 $263 Botanist/Arborist 1 $135 Sr. Regulatory Specialist 1 $273 Botanist/Arborist 2 $150 Sr. Regulatory Specialist 2 $284 Botanist/Arborist 3 $165 Sr. Regulatory Specialist 3 $294 Sr. Botanist/Arborist 1 $185 Sr. Botanist/Arborist 2 $200 Sr. Botanist/Arborist 3 $215 Administrative Support Services $116 $142 $158 $168 $179 $205 $142 $152 $163 $173 $184 $194 $210 $221 $231 $242 $252 $263 $273 $284 $294 SEQUOIA Ecological Consulting, Inc. Other Direct Costs Regular Vehicle (GSA Rate) Submeter GPS UTV and Trailer Fleet Vehicle iPad Wildlife Remote Camera Acoustic Bat Monitor Kayak Kit Survey Flashlight (Streamlight) Aquatic Survey Sampling Kit Drone/sUAS W etsu it Drysuit YSI ProDSS Water Quality Meter Expense Reimbursement/Other: GSA Rate $100/day $95/day $95/day $10/day $20/ day $35/day $75/day $12.50/day 525/person/day $250/day ,$70/week $195/week 1. Computer, facsimile, and telephor 2. Reproduction, equipment, and otl handling charge (excluding milea€ 3. Subconsultants will be billed at th labor category commensurate wit e is no additional charge. plus a 15% administrative handling charge; or the Sequoia 4. Depending upon location, Per Diem may be charged where 5 erniffstays are required. 5. Weekly or monthly equipment rates at a reduced amount may be available 1conct-specific basis. 6. Expert Witness Testimony, including Depositions, is billed at the time and h7. Non-standard invoice processing will be billed at standard hourly rates for sunnel. 8. Sequoia will review our hourly rates annually and may choose to escalate ot depending on changes to the cost- of living- index and other factors. 9. Hours beyond 8 hours per day are charged at an overtime rate of 1.5 times our standard hourly rates for qualifying personnel. To comply with California Labor Code 512 and California Code of Regulations 11040, if on-site conditions prohibit personnel from taking required breaks, one additional hour of time will be billed per day for qualifying staff covered under the regulations. 1342 Creekside Drive • Walnut Creek, CA 94596 • 925.855.5500 • www.sequoiaeco.com 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 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. Ifthe 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. 08.22 B-3 RAFq�` s z o y /Ty�VITH ply 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: Fire Project Manager: Calvin Schrader Extension: 3457 Contractor Name: Sequoia Ecological Consulting, Inc. Contractor's Contact: Kyle Verlaauw Contact's Email: kverblaauw@sequoiaeco.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 11/6/2024 Attorney c/o Laraine.Gittens@cityofsanrafael.org ❑X 2 City Attorney a. Review, revise, and comment on draft agreement 11/20/2024 and return to Project Manager 11/20/2024 © NT b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor ❑X NT 3 Department Director Approval of final agreement form to send to 11/20/2024 ® _OG_ contractor 4 Project Manager Forward three (3) originals of final agreement to 11/20/2024 ❑x contractor for their signature When necessary, contractor -signed agreement 5 Project Manager ❑X 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 CONTINUE ROUTING PROCESS WITH HARD COPY enter a date. 12/9/2024 PRINT Project Manager 6 Forward signed original agreements to City CS Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed agreement 8 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) 9 City Manager/ Mayor Agreement executed by City Council authorized City Clerk official 10 Attest signatures, retains original agreement and forwards copies to Project Manager PSA - Sequoia Ecological Consulting, Inc. - Nesting Bird Survey Services Final Audit Report 2024-12-13 Created: 2024-12-11 By: Nataly Torres (nataly.torres@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAjrQrNTyB5YdA5NAfrQYC7TL3VwiPbrav TSA - Sequoia Ecological Consulting, Inc. - Nesting Bird Survey Services" History Document created by Nataly Torres (nataly.torres@cityofsanrafael.org) 2024-12-11 - 7:21:08 PM GMT- IP address: 199.88.113.8 E'► Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval 2024-12-11 - 7:22:57 PM GMT Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2024-12-11 - 7:29:37 PM GMT- IP address: 104.47.65.254 6o Document approved by Laraine Gittens (laraine.gittens@cityofsanrafael.org) Approval Date: 2024-12-11 - 7:31:40 PM GMT - Time Source: server- IP address: 199.88.113.8 Document emailed to rob.epstein@cityofsanrafael.org for signature 2024-12-11 - 7:31:42 PM GMT Email viewed by rob.epstein@cityofsanrafael.org 2024-12-11 - 9:06:07 PM GMT- IP address: 24.5.134.43 d© Signer rob.epstein@cityofsanrafael.org entered name at signing as Robert F. Epstein 2024-12-11 - 9:06:27 PM GMT- IP address: 24.5.134.43 4 Document e-signed by Robert F. Epstein (rob.epstein@cityofsanrafael.org) Signature Date: 2024-12-11 - 9:06:29 PM GMT - Time Source: server- IP address: 24.5.134.43 E-'' Document emailed to city.clerk@cityofsanrafael.org for approval 2024-12-11 - 9:06:31 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-12-11 - 9:11:42 PM GMT- IP address: 104.47.64.254 +sIR� SAN RAFAEL I Adobe "'s Acrobat Sign b© Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi 2024-12-11 - 9:11:53 PM GMT- IP address: 199.88.113.8 60 Document approved by Brenna Nurmi(city.clerk@cityofsanrafael.org) Approval Date: 2024-12-11 - 9:11:55 PM GMT - Time Source: server- IP address: 199.88.113.8 P'+ Document emailed to cristine.alilovich@cityofsanrafael.org for signature 2024-12-11 - 9:11:57 PM GMT Email viewed by cristine.alilovich@cityofsanrafael.org 2024-12-13 - 4:56:18 AM GMT- IP address: 104.47.65.254 &o Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich 2024-12-13 - 4:56:37 AM GMT- IP address: 71.198.110.147 60 Document e -signed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) Signature Date: 2024-12-13 - 4:56:39 AM GMT - Time Source: server- IP address: 71.198.110.147 E_'' Document emailed to city.clerk@cityofsanrafael.org for signature 2024-12-13 - 4:56:41 AM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-12-13 - 3:33:01 PM GMT- IP address: 104.47.64.254 do Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi (for) 2024-12-13 - 3:33:15 PM GMT- IP address: 199.88.113.8 do Document e -signed by Brenna Nurmi (for)(city.clerk@cityofsanrafael.org) Signature Date: 2024-12-13 - 3:33:17 PM GMT - Time Source: server- IP address: 199.88.113.8 '_', Agreement completed. 2024-12-13 - 3:33:17 PM GMT 8�••. SAN RAFAEL Adobe "' Acrobat Sign