HomeMy WebLinkAbout2010 CON Fehr & Peers - Consulting Services Tiger II Discretionary GrantAGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
FEHR & PEERS
THIS AGREEMENT is entered into this 11`h day of August, 2010, by and
between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and FEHR &
PEERS a Corporation (the "CONSULTANT").
RECITALS
WHEREAS, the CITY desires to employ a CONSULTANT to provide consulting
services for preparation of a TIGER II Discretionary Grant Application for Plaza Boulevard
Widening Project.
WHEREAS, the CITY has determined that the CONSULTANT is qualified by
experience and ability to perform the services desired by the CITY, and the CONSULTANT is
willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage
the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter
set forth in accordance with all terms and conditions contained herein.
The CONSULTANT represents that all services required hereunder will be
performed directly by the CONSULTANT or under direct supervision of the CONSULTANT.
2. SCOPE OF SERVICES. The CONSULTANT will perform services as set
forth in the attached Exhibit "A" for a not -to -exceed amount of $11,800.00.
The CONSULTANT shall be responsible for all research and reviews related to
the work and shall not rely on personnel of the CITY for such services, except as authorized in
advance by the CITY. The CONSULTANT shall appear at meetings cited in Exhibit "A" to keep
staff and City Council advised of the progress on the project.
The CITY may unilaterally, or upon request from the CONSULTANT, from time to time
reduce or increase the Scope of Services to be performed by the CONSULTANT under this
Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and
confer for the purpose of negotiating a corresponding reduction or increase in the
compensation associated with said change in services, not to exceed a factor of 10% from the
base amount.
3. PROJECT COORDINATION AND SUPERVISION.
Stephen Manganiello, Traffic Engineer hereby is designated as the Project
Coordinator for the CITY and will monitor the progress and execution of this Agreement. The
CONSULTANT shall assign a single Project Director to provide supervision and have overall
responsibility for the progress and execution of this Agreement for the CONSULTANT. Monique
Chen, P.E. thereby is designated as the Project Director for the CONSULTANT.
4. COMPENSATION AND PAYMENT. The compensation for the
CONSULTANT shall be based on monthly billings covering actual work performed. Billings
shall include labor classifications, respective rates, hours worked and also materials, if any.
The total cost for all work described in Exhibit "A"shall not exceed the schedule given in Exhibit
"A" (the Base amount) without prior written authorization from the City Engineer. Monthly
invoices will be processed for payment and remitted within thirty (30) days from receipt of
invoice, provided that work is accomplished consistent with Exhibit "A"as determined by the
CITY.
The CONSULTANT shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred and shall make
such materials available at its office at all reasonable times during the term of this Agreement
and for three (3) years from the date of final payment under this Agreement, for inspection by
the CITY and for furnishing of copies to the CITY, if requested.
5. ACCEPTABILITY OF WORK. The City shall decide any and all
questions which may arise as to the quality or acceptability of the services performed and the
manner of performance, the acceptable completion of this Agreement and the amount of
compensation due. In the event the CONSULTANT and the City cannot agree to the quality or
acceptability of the work, the manner of performance and/or the compensation payable to the
CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written
notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a
report which supports their position and file the same with the other party. The City shall, with
reasonable diligence, determine the quality or acceptability of the work, the manner of
performance and/or the compensation payable to the CONSULTANT.
6. LENGTH OF AGREEMENT. Completion dates or time durations for
specific portions of the Project are set forth in Exhibit "A".
7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda,
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONSULTANT for this Project, whether paper or electronic, shall become the property of the
CITY for use with respect to this Project, and shall be turned over to the CITY upon completion
of the Project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONSULTANT hereby
assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright
in, and the right to reproduce, all written material, drawings, plans, specifications or other work
prepared under this agreement, except upon the CITY's prior authorization regarding
reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall,
upon request of the CITY, execute any further document(s) necessary to further effectuate this
waiver and disclaimer.
The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's
written work product for the CITY's purposes, and the CONSULTANT expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
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City's Standard Agreement — June 2008 revision
Any modification or reuse by the CITY of documents, drawings or specifications
prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14
but only with respect to the effect of the modification or reuse by the CITY, or for any liability to
the CITY should the documents be used by the CITY for some project other than what was
expressly agreed upon within the Scope of this project, unless otherwise mutually agreed.
8. INDEPENDENT CONSULTANT. Both parties hereto in the performance
of this Agreement will be acting in an independent capacity and not as agents, employees,
partners or joint venturers with one another. Neither the CONSULTANT nor the
CONSULTANT's employees are employee of the CITY and are not entitled to any of the rights,
benefits, or privileges of the CITY's employees, including but not limited to retirement, medical,
unemployment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONSULTANT and
the CONSULTANT's employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional
reputation and competence of the CONSULTANT and its employees. Neither this Agreement
nor any interest herein may be assigned by the CONSULTANT without the prior written consent
of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from
employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may
deem necessary for the proper and efficient performance of this Agreement. All agreements by
CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT(s) to adhere
to the applicable terms of this Agreement.
9. CONTROL. Neither the CITY nor its officers, agents or employees shall
have any control over the conduct of the CONSULTANT or any of the CONSULTANT's
employees except as herein set forth, and the CONSULTANT expressly agrees not to
represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are
in any manner agents, servants or employees of the CITY, it being understood that the
CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent
CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are
prescribed by this Agreement.
10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the
performance of the services to be provided herein, shall comply with all applicable State and
Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City
of National City, whether now in force or subsequently enacted. The CONSULTANT, and each
of its subCONSULTANTs, shall obtain and maintain a current City of National City business
license prior to and during performance of any work pursuant to this Agreement.
11. LICENSES, PERMITS, ETC. The CONSULTANT represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that
are legally required to practice its profession. The CONSULTANT represents and covenants
that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the
term of this Agreement, any license, permit, or approval which is legally required for the
CONSULTANT to practice its profession.
12. STANDARD OF CARE.
A. The CONSULTANT, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill ordinarily
exercised by members of the CONSULTANT's trade or profession currently practicing under
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Cily's Standard Agreement — June 2008 revision
similar conditions and in similar locations. The CONSULTANT shall take all special precautions
necessary to protect the CONSULTANT's employees and members of the public from risk of
harm arising out of the nature of the work and/or the conditions of the work site.
B. Unless disclosed in writing prior to the date of this agreement, the
CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years
preceding, been debarred by a governmental agency or involved in debarment, arbitration or
litigation proceedings concerning the CONSULTANT's professional performance or the
furnishing of materials or services relating thereto.
C. The CONSULTANT is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success of the
project the CONSULTANT has been retained to perform, within the time requirements of the
CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly,
unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all
products, materials, processes or treatments identified in the project documents prepared for
the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due
diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any
increased costs that result from the CITY's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time frame
specified or, when not specified, then within a commercially reasonable time.
13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not
discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONSULTANT will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall
include but not be limited to the following: employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. The CONSULTANT agrees
to post in conspicuous places available to employees and applicants for employment any
notices provided by the CITY setting forth the provisions of this non-discrimination clause.
14. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONSULTANT certain confidential information to enable the
CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such
information, even within its own organization, to the extent necessary to perform the services to
be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any
part of the information that (i) has been disclosed in publicly available sources of information; (ii)
is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of
information; (iii) is already in the possession of the CONSULTANT without any obligation of
confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a
third party, but only to the extent that the use or disclosure thereof has been or is rightfully
authorized by that third party.
The CONSULTANT shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder, the
CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting
the information or other property of any other person, firm or corporation.
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City's Standard Agreement —June 2008 revision
The CONSULTANT shall be liable to CITY for any damages caused by breach of
this condition, pursuant to the provisions of Section 14.
15. INDEMNIFICATION AND HOLD HARMLESS.
The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City,
its officers and employees, against and from any and all liability, loss, damages to property,
injuries to, or death of any person or persons, and all claims, demands, suits, actions,
proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including
workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the
CONSULTANT's negligent performance of this Agreement.
16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all
of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of
California, the applicable provisions of Division 4 and 5 of the California Government Code and
all amendments thereto; and all similar state or Federal acts or laws applicable; and shall
indemnify, and hold harmless the CITY and its officers, and employees from and against all
claims, demands, payments, suits, actions, proceedings and judgments of every nature and
description, including reasonable attorney's fees and defense costs presented, brought or
recovered against the CITY or its officers, employees, or volunteers, for or on account of any
liability under any of said acts which may be incurred by reason of any work to be performed by
the CONSULTANT under this Agreement.
17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall
purchase and maintain, and shall require its subCONSULTANTs, when applicable, to purchase
and maintain throughout the term of this agreement, the following insurance policies:
® A. If checked, Professional Liability Insurance (errors and omissions) with
minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non -owned,
and hired vehicles ("any auto").
C. Commercial general liability insurance, with minimum limits of $1,000,000
per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising
out of its operations under this Agreement.
D. Workers' compensation insurance in an amount sufficient to meet
statutory requirements covering all of CONSULTANT's employees and employers' liability
insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be
endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided
prior to commencement of work under this Agreement. If CONSULTANT has no employees
subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute
a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY.
E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, employees, and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior
written notice to the CITY of cancellation or material change.
F. Said policies, except for the professional liability and workers'
compensation policies, shall name the CITY and its officers, agents and employees as
additional insureds, and separate additional insured endorsements shall be provided.
G. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years
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City's Standard Agreement —June 2008 revision
after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date
must be on or before the date of this Agreement.
H. Any aggregate insurance limits must apply solely to this Agreement.
I. Insurance shall be written with only California admitted companies which
hold a current policy holder's alphabetic and financial size category rating of not less than A VIII
according to the current Best's Key Rating Guide, or a company equal financial stability that is
approved by the City's Risk Manager. In the event coverage is provided by non -admitted
"surplus lines" carriers, they must be included on the most recent California List of Eligible
Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements.
J. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by
the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in
full force and effect at all times during the terms of this Agreement, the CITY may elect to treat
the failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
K. All deductibles and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the CITY.
18. LEGAL FEES. If any party brings a suit or action against the other party
arising from any breach of any of the covenants or agreements or any inaccuracies in any of
the representations and warranties on the part of the other party arising out of this Agreement,
then in that event, the prevailing party in such action or dispute, whether by final judgment or
out -of -court settlement, shall be entitled to have and recover of and from the other party all
costs and expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall
not be considered in determining the amount of the judgment or award. Attorney's fees to the
prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's
fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual
amount of attorney's fees incurred by the prevailing party.
19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this
Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the
dispute by mediation in San Diego, California, in accordance with the Commercial Mediation
Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The
costs of mediation shall be borne equally by the parties. Any controversy or claim arising out
of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be
settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration
Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the
parties, and a judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the parties
to the arbitration, provided that each party shall pay for and bear the costs of its own experts,
evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part
thereof against a specified party as part of the arbitration award.
20. TERMINATION. A. This Agreement may be terminated with or without
cause by the CITY. Termination without cause shall be effective only upon 60-day's written
notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all
services in accordance with this Agreement.
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City's Standard Agreement — June 2008 revision
B. This Agreement may also be terminated immediately by the CITY for
cause in the event of a material breach of this Agreement, misrepresentation by the
CONSULTANT in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONSULTANT as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda Reports,
Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT,
whether paper or electronic, shall immediately become the property of and be delivered to the
CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for
any work satisfactorily completed on such documents and other materials up to the effective
date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any
damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of
said written material shall vest in the CITY all rights set forth in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the
CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a
business reorganization, change in business name or change in business status of the
CONSULTANT.
21. NOTICES. All notices or other communications required or permitted
hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail
(Federal Express or the like); or sent by registered or certified mail, postage prepaid, return
receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or
delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the
earlier of (i) if personally delivered, the date of delivery to the address of the person to receive
such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight
mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if
the address is outside the State of California) after the date of deposit in a post office, mailbox,
mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if
given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or
(v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand,
direction or other communication delivered or sent as specified above shall be directed to the
following persons:
To CITY:
To CONSULTANT:
Maryam Babaki, P.E.
City Engineer
Engineering Department
City of National City
1243 National City Boulevard
National City, CA 91950-4301
Mark Peterson, AICP
Principal
Fehr & Peers
101 W. Broadway, Suite 1970
San Diego, CA 92101
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City's Standard Agreement —June 2008 revision
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because
of changed address of which no notice was given shall be deemed to constitute receipt of the
notice, demand, request or communication sent. Any notice, request, demand, direction or
other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within
forty-eight (48) hours by letter mailed or delivered as specified in this Section.
22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of
the City of National City. The CONSULTANT also agrees not to specify any product, treatment,
process or material for the project in which the CONSULTANT has a material financial interest,
either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at
all times comply with the terms of the Political Reform Act and the National City Conflict of
Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official
position to influence in any way any matter coming before the CITY in which the CONSULTANT
has a financial interest as defined in Government Code Section 87103. The CONSULTANT
represents that it has no knowledge of any financial interests that would require it to disqualify
itself from any matter on which it might perform services for the CITY.
If checked, the CONSULTANT shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk
of the City of National City in a timely manner on forms which the CONSULTANT shall obtain
from the City Clerk.
The CONSULTANT shall be strictly liable to the CITY for all damages, costs or
expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the
CONSULTANT.
23. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such
date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one
and the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
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City's Standard Agreement —June 2008 revision
G. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
H. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between
the parties as to the subject matter hereof. No subsequent agreement, representation, or
promise made by either party hereto, or by or to an employee, officer, agent or representative
of any party hereto shall be of any effect unless it is in writing and executed by the party to be
bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon and
shall inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation
and negotiation of this Agreement, (iii) each such party has consulted with or has had the
opportunity to consult with its own, independent counsel and such other professional advisors
as such party has deemed appropriate, relative to any and all matters contemplated under this
Agreement, (iv) each party and such party's counsel and advisors have reviewed this
Agreement, (v) each party has agreed to enter into this Agreement following such review and
the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are
to be resolved against the drafting party shall not apply in the interpretation of this Agreement,
or any portions hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first above written.
CITY OF T ONAL CITY FEHR & PEERS
By:
Mark F eters , AICP
By:
Chris apat
City Manage
(ms
AP ROVED AS TO FORM:
a
ity Attorney
Principal
By: _9-Kr-.1°)61C--1'
Katie Carr
Principal
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City's Standard Agreement — June 2008 revision
Client#: 13635
FEHRPEERS
ACORQM CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDO/YY)
08/10/10
PRODUCER
Dealey, Renton & Associates
P. O. Box 12675
Oakland, CA 94604-2675
510 465-3090
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURED
Fehr & Peers
100 Pringle Ave, Suite 600
Walnut Creek, CA 94596
INSURERS AFFORDING COVERAGE
INSURER A: Hartford Casualty Insurance Co.
INSURERB: Hartford Underwriters Ins. Co.
INSURER : XL Specialty Insurance Co.
INSURER D:
INSURER E.
COVERAGES
THE
ANY
MAY
POLICIES.
INSR
LTR
POLICIES
REQUIREMENT,
PERTAIN,
OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE
POLICY NUMBER
POUCY EFFECTIVE
DATE {MMIDD/YY1
POLICY EXPIRATION
DATE (MMIDOIYY)
LIMITS
A
GENERAL
X
LIABILITY
COMMERCIAL GENERAL LIABILITY
57SBAVA1664
11/01/09
11/01/10
EACH OCCURRENCE
1 Si 000,000
$1,000,000
FIRE DAMAGE (Any cncfire)
_
X
CLAIMS MADE X OCCUR
MED EXP (Any one person)
$10,000
Contractual
PERSONAL &ADV INJURY
$1,000,000
Liability
GENERAL AGGREGATE
$2,000,000
$2,000,000
GEN'L
AGGREGATE LIM II -APPLIES PER:
POLICY [ 1 nu I LOC
PRODUCTS -COMP/OP AGG
A
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
--_-.__--_-.. --. _
57SBAVA1664
11/01/09
11/01/10
COMBINED SINGLE LIMIT
(Ea accident)
$1,000,000
BODILY INJURY
(Per person)
$
X
--
, X
BODILY INJURY
(Per accident)
$
I—_--
PROPERTY DAMAGE
(Per accident)
$
GARAGE
LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
AUTO ONLY: AGG
$
EXCESS LIABILITY
EACH OCCURRENCE
$
_
OCCUR CLAIMS MADE
AGGREGATE
$
(
DEDUCTIBLE
RETENTION $
$
$
$
B
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
57WEK06130
05/01/10
05/01/11
X TORY LIMNS IOFH
EL EACH ACCIDENT
$1,000,000
E.L. DISEASE -EA EMPLOYEE
$1,000,000
E.L. DISEASE -POLICY LIMIT
$1,000,000
C
OTHER Professional
Liability
DPR9682187
12/06/09
12/06/10
$2,000,000 per Claim
$2,000,000 Annl Aggr.
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
General Liability Policy excludes claims arising out of the performance of professional
services.
Ref: ALL OPERATIONS OF THE NAMED INSURED. National City, Tiger II (P10-
0063-SD).
(See Attached Descriptions)
CERTIFICATE HOLDER
ADDITIONALINSURED; INSURER LETTER
CANCELLATION
City of National City
c/o City Attorney's Office
1243 National City Blvd.
National City, CA 91950-4301
SHOULD ANYOF THE ABOVE D ESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL XkftIfeMx10 MAIL 38__.. DAYSWRITTEN
NOTICE TOTH E CERTIFICATE H OLDER NAM ED TO THE LEFT, BKMAIIXARYTY4121015fdAttigatxX
Viaea6XXXIXMLIONOCXXXVXMOIXIMAIOMMICIMAHRXIMMEMOCXXXXSCAXSX
xxkeesXK WXAx
ACORD 25-S (7197)1 of 2
#M2678 2
AUTHORIZED REPRESENTATIVE
NMF 0 ACORD CORPORATION 1988
DESCRIPTIONS (Continued from, age a)
The City of National City, its elected officials, officers, agents and
employees are included as Additional Insured for General Liability and
Automobile Liability.
Insurance is primary and non-contributory per policy form.
A Waiver of Subrogation applies to Workers' Compensation.
AMS 25.3 (07/97) 2 of 2 #M267872
Insured: Fehr & Peers
Insurer: Iiartford Casualty Insurance Co.
Policy Number: 57SBAVA1664
Policy Dates: November 1, 2009 — November 1, 2010
Additional Insured: The City of National City, its elected officials, officers, agents and
Employees.
EXCERPTS FROM: Hartford Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
C. WHO IS AN INSURED
6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit
The person(s) or organization(s) identified in Paragraphs a. through f. below are additional
insureds when you have agreed, in a written contract, written agreement or because of a permit
issued by a state or political subdivision, that such person or organization be added as an
additional insured on your policy, provided the injury or damage occurs subsequent to the
execution of the contract or agreement, or the issuance of the permit. A person or organization is
an additional insured under this provision only for that period of time required by the contract,
agreement or permit.
f. Any Other Party
(1) Any other person or organization who is not an insured under Paragraphs a. through e. above,
but only with respect to liability for `bodily injury, "property damage" or "personal and advertising
injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those
acting on your behalf:
(a) In the performance of your ongoing operations;
(b) In connection with your premises owned by or rented to you; or
(c) In connection with "your work" and included within the "products- completed operations
hazard, but only if
(i) The written contract or written agreement requires you to provide such coverage to
such additional insured; and
(ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included
within the "products -completed operations hazard.
(2) With respect to the insurance afforded to these additional insureds, this insurance does not
apply to: "Bodily injury, "property damage" or "personal and advertising injury" arising out of the
rendering of, or the failure to render, any professional architectural, engineering or surveying
services, including: inspection, or engineering
E.5. Separation of Insureds
Except with respect to the Limits of Insurance, and any rights or duties specifically assigned
in this policy to the first Named Insured, this insurance applies:
a. As if each Named Insured were the only Named Insured; and
b. Separately to each insured against whom a claim is made or "suit" is brought.
E.7.b.(7).(b) Primary And Non -Contributory To Other Insurance When Required By
Contract
If you have agreed in a written contract, written agreement or permit that this insurance is primary
and non-contributory with the additional insured's own insurance, this insurance is primary and
we will not seek contribution from that other insurance.
E.8.b. Waiver Of Rights Of Recovery (Waiver Of Subrogation)
If the insured has waived any rights of recovery against any person or organization for all or part
of any payment, including Supplementary Payments, we have made under this Coverage Part,
we also waive that right, provided the insured waived their rights of recovery against such person
or organization in a contract, agreement or permit that was executed prior to the injury or
damage.
EXCERPT FROM Hartford Form SS 04 38 06 01
HIRED AUTO AND NON -OWNED AUTO
B. With respect to the operation of a "non -owned auto", WHO IS AN INSURED is replaced by the
following: The following are "insureds":
d. Anyone liable for the conduct of an "insured", but only to the extent of that liability.
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different
date is indicated below.
(The following "attaching clause" needs to be completed only when this endorsement is issued subsequent to preparation of the policy,)
This endorsement forms a part of Policy No. 57WEK06130
Issued to: Fehr & Peers
By: Hartford Underwriters Ins. Co.
Premium (if any) TBD
We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our
right against the person or organization named in the Schedule. (This agreement applies only to the extent that you
perform work under a written contract that requires you to obtain this agreement from us).
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work
described in the Schedule.
The additional premium for this endorsement shall be 2-5% of the California workers compensation premium otherwise
due on such remuneration.
Person or Organization
City of National City
c/o City Attorney's Office
1243 National City Blvd.
National City, CA 91950-4301
Schedule
Job Description
Ref: ALL OPERATIONS OF THE NAMED
INSURED. National City, Tiger II (P10-
0063-SD). A Waiver of Subrogation
applies in favor of The City of National
City, its elected officials, officers,
agents and employees.
144, o`.dJ—
WC 04 03 06
1Fcl dJtdl
Countersigned by
A,.tti,,.:-.tea 0..,..
August 9, 2010
Stephen Manganiello
Traffic Engineer
City of National City
Engineering Department
1243 National City Boulevard
National City, CA 91950
(619) 336-4382
Re: Proposal for Preparation of a TIGER II Grant Application — Plaza Boulevard Widening
Dear Steve,
Fehr & Peers is pleased to submit this letter proposal to the City of National City for the
preparation of a TIGER II grant application for the Plaza Boulevard Widening Project.
1.0 INTRODUCTION
The TIGER Discretionary Grant Program was included in the American Recovery and
Reinvestment Act (ARRA) to spur a national competition for innovative, multimodal, and
multi -jurisdictional transportation projects that promise significant economic and environmental
benefits to an entire metropolitan area, a region, or the nation. In February 2010, DOT selected
51 projects to be funded with the $1.5 billion allocated in the Recovery Act, including
improvements to roads, bridges, rail, ports, transit and intermodal facilities. In FY 2010, DOT will
be competitively selecting a second round of projects under the TIGER program. Up to $600
million will be funded, including up to $35 million set aside for planning projects.
The City of National City (City) has decided to pursue a TIGER II Planning Grant under this
funding opportunity through the Department of Transportation (DOT) and Housing and Urban
Development (HUD). The City's pursuit of this funding will be for the Plaza Boulevard Widening
project. Total cost of this project is estimated to be $21 million, and the City is requesting $12
million in funding from the TIGER II grant. Caltrans, approximately $6.6 million, and the City will
provide the remainder of the funds. These contributed funds will address the 20% or more
matching requirement of the TIGER II grant.
Team Background
The Fehr & Peers team is led by Fehr & Peers and supported by Ms. Sarah Spencer -Workman,
LEED AP, Sustainability Planner and Grant Writer.
101 West Broadway, Suite 1970, San Diego, CA 92101, Phone (619) 234-3190
www.fehrandpeers.com
Fehr & Peers is a statewide and national leader in innovative transportation solutions that
improve communities, with a particular emphasis on sustainable climate, energy and healthy
lifestyles. We focus our broad range of transportation planning and engineering services on:
• Climate - Integrating multi -modal transportation with urban development and activity
patterns to reduce carbon and other emissions and promote global climate stability.
• Energy - Planning and design for minimal consumption of non-renewable energy for
environmental and economic sustainability.
Quality of Life - Creating living and travel environments that encourage physical activity,
healthy lifestyles, comfort, convenience and safety.
Combining these strategies, we develop transportation solutions that also provide economic
vitality and personal choice. One example of our approach is illustrated in "Growing Cooler: The
Evidence on Urban Development and Climate Change", published by the Urban Land Institute,
which describes how every -day planning decisions affect climate change and identifies what
planners, developers and governments can do to help.
Our approach to addressing the climate crisis, applies a range of transportation planning and
engineering expertise. We have been fully or partially responsible for:
• Nationally -used methods of estimating the effects of development compactness, mix,
transit access and urban design on vehicle travel for the U.S. EPA, state and regional
governments.
• Performance measures and transportation modeling methods related to climate change
for the States of California and Washington.
• American Public Transit Association recommended practices for assessing the climate
change impacts and benefits of transit.
• Regional sustainability blueprints for Sacramento, Denver, Minneapolis and others.
• Climate action plans for local communities.
• Sustainability plans for major developments affecting hundreds of thousands of acres in
rapidly growing areas throughout the U.S.
Fehr & Peers offers broad and varied experience integrating multi -modal transportation with
urban development and activity patterns to promote global climate stability.
Ms. Sarah Spencer -Workman has extensive leadership experience of diverse planning and
development projects in both the public and private sector. She possesses 15 years of
sustainable planning with a rich expertise in land use and development. She has worked with
public sector clients at the local, regional and state levels in strategic and implementation roles.
She focuses on working with communities and developers to assess the availability of renewable
energy, energy efficiency, green building, and resource conservation for master plans. Sarah also
brings a working knowledge of the most recent funding opportunities available through stimulus
dollars that may complement any future planning efforts in today's fiscal environment with
specific focus on EECBG. Moreover, Sarah has been through related training for EECBG grant
applications, and related processes, with the Department of Energy and ICLEI, and continues to
receive regular updates. She is also a member of the EPA Climate Communities group.
• EECBG & EECS for the City of Oceanside, California
• EECS for the City of San Bernardino, California
• EECS for the City of Moore, Oklahoma
• Sustainable Master Plan for the Town of Fowler, Colorado
• Colorado Community Sustainability Index, A Self Assessment Guide for Local
Governments, Confidential
• Sustainable Master Plan Update- Economic Development Advisor, City of Aurora,
Colorado
• LEED Neighborhood Development Strategy & Requirements Implementation for 200-
Acre Mixed -Use Master Plan Development, Westminster, Colorado; Fellows Companies
• Sustainable Development and Climate Change policy Advisor for Communities in
Colorado
• Green Schools Advocate for USGBC Colorado
• Project administrator of a LEED NC 2.2 Silver Office Building, Colorado; Jehn Engineering
• Transit Oriented Development (TOD) Plan for mixed use development, 2.75 acres
Centennial, Colorado; GrandPeaks Properties
2.0 TEAM EXPERIENCE
Development of the TIGER II grant application to fund the resulting transportation project, Plaza
Boulevard Widening, requires the understanding of a broad array of technical, planning, and
analytical skills projected through the lens of sustainability, economic development and
transportation planning. The City's abbreviated timeframe for completion necessitates strong
communication skills and dedicated staff. FEHR & PEERS possesses the ability to perform these
tasks and offers project experience in the following related areas:
Projects Funded through the ARRA
City of Oceanside, California- EECBG grant application, EECS program development,
implementation and reporting (Sarah Spencer -Workman, LEED AP) - A successful Energy
Efficiency and Conservation Strategy (EECS) was drafted and submitted as part of a complete
Energy Efficiency Community Block Grant application for the City of Oceanside, California on
June 24, 2009. The application, with an accompanying EECS, was approved by the Department
of Energy (DOE) and the City has been funded their EECBG funds, $514,000, to begin the
implementation process for the 15 different energy efficiency projects identified in Oceanside's
EECS. These projects range from energy efficiency retrofits on the HVAC and mechanical systems
for the local convention center to a transportation lighting program. All programs and their
implementation process are being monitored through the quarterly and annual reporting
requirements set forth by the DOE and OMB offices.
City of San Bernardino, California- EECS program development, implementation and reporting
(Sarah Spencer -Workman, LEED AP) - A successful grant application, for $1,954,000, and Energy
Efficiency and Conservation Strategy (EECS) was developed and submitted for the City of San
Bernardino, California in February 2010. The EECS was developed over a short timeframe (90
days) and included meeting with stakeholders from the City, project priority assessment and
identification, site visits, project scoping, energy savings evaluations, cost estimates, and final
strategy development. In the City's EECS, there are a total of 18 projects which range from
lighting retrofits for the municipal building, library and local police station to a community -wide
residential and commercial rebate program for energy retrofits. All programs and their
implementation processes are being monitored through the quarterly and annual reporting
requirements set forth by the DOE and OMB offices.
Government Agencies
Fehr & Peers has longstanding relationships with
clients in the San Diego region include:
• City of National City
• County of San Diego
• Caltrans
• SANDAG
• City of Chula Vista
Sustainability and Planning Proiects
many government agencies. Government
• City of San Diego
• City of Carlsbad
• City of Vista
• City of San Marcos
• City of Escondido
Sustainable Master Plan for the Town of Fowler, Colorado (Sarah Spencer -Workman, LEED AP)
- Ms. Spencer -Workman developed and authored the Sustainable Master Plan for the Town of
Fowler, a comprehensive catalog of community priorities focused on energy efficiency, smart
growth, renewable energy, economic development, transportation and mobility, natural
resource preservation, and comprehensive land use. Additionally, Ms. Spencer -Workman
worked in partnership with the Town to implement renewable energy policies resulting in
traditional farming and ranching practices operating their dry utilities off 100% renewable
energy sources within the next five years. This effort led to renewable energy that will be
produced through an anaerobic digestive plant, fueled by the 2,400 tons of manure produced at
local feedlots each day. Further, an Energy Resources Commission was established which is be
comprised of elected officials, business representatives from the community and students who
reside in the community to ensure the future directives are fulfilled.
Colorado Community Sustainability Index, A Self Assessment Guide for Local Governments
(Sarah Spencer -Workman, LEED AP) - Ms. Spencer -Workman worked with a state government
office to draft a sustainability self -assessment guide for local governments and communities.
This guide will serve as a tool to assist communities in identifying those areas where
improvement might be needed and to help prioritize those needs in order to enlist potential
technical and financial assistance from the state and other service providers.
Sustainable Master Plan Update- Economic Development Advisor, City of Aurora, Colorado
(Sarah Spencer -Workman, LEED AP) - Advised local jurisdiction on the implementation of
sustainability initiatives to reduce their measured carbon footprint and GHG emissions. Through
this effort resulted in leading a public workshop focused on the economics of implementing
renewable energy, energy efficiency and green development programs.
References
John Conley, AICP
Community Development Director
City of Vista
600 Eucalyptus Avenue
Vista, CA 92085
Phone: 760-726-1340
Stephen Manganiello, Traffic Engineer
Engineering Department
City of National City
1243 National City Boulevard
National City, CA 91950
Phone: 619-336-4382
Casey Dailey, Assistant to the Mayor
Office of Mayor Patrick J. Morris
City of San Bernardino, California
(909) 384-5133
3.0 PROJECT APPROACH
Bob Goralka, PE
Department of Public Works
County of San Diego
5555 Overland Avenue
San Diego, CA 92123-1295
Phone: 858-874-4202
Dave Kaplan, Transportation Engineer
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
(619) 691-5025
L. Wayne Snider, Town Administrator
Sustainable Master Plan
- Work by Sarah Spencer -Workman, LEED AP
Town of Fowler
200 Main Street
Fowler, CO 81039
(719) 263-4461
waznesnider@centurytel.net_
The Fehr & Peers Team (Fehr & Peers and Ms. Sarah Spencer -Workman) will work with the City
to develop the TIGER II grant application with goals and objectives towards construction of the
Plaza Boulevard Widening project. Program goals and plans considering both existing conditions
and future improvements shall be explored through this grant development process as they
align with DOT's grant rating system for the TIGER II grant application. Fehr & Peers will provide
grant services and direct response to the scope outlined on page 2 of the City's RFP.
This grant response should also focus on how well the Plaza Boulevard Widening project can
meet the Livability Principles set forth by the Partnership for Sustainable Communities formed
by EPA, HUD and DOT. These are as follows:
• Provide more transportation choices. Develop safe, reliable, and economical
transportation choices to decrease household transportation costs, reduce our nation's
dependence on foreign oil, improve air quality, reduce greenhouse gas emissions, and
promote public health.
• Promote equitable, affordable housing. Expand location- and energy -efficient housing
choices for people of all ages, incomes, races, and ethnicities to increase mobility and
lower the combined cost of housing and transportation.
• Enhance economic competitiveness. Improve economic competitiveness through
reliable and timely access to employment centers, educational opportunities, services
and other basic needs by workers, as well as expanded business access to markets.
• Support existing communities. Target federal funding toward existing communities -
through strategies like transit oriented, mixed -use development, and land recycling - to
increase community revitalization and the efficiency of public works investments and
safeguard rural landscapes.
• Coordinate and leverage federal policies and investment. Align federal policies and
funding to remove barriers to collaboration, leverage funding, and increase the
accountability and effectiveness of all levels of government to plan for future growth,
including making smart energy choices such as locally generated renewable energy.
• Value communities and neighborhoods. Enhance the unique characteristics of all
communities by investing in healthy, safe, and walkable neighborhoods —rural, urban,
or suburban.
Based on our experience in developing ARRA issued grants for local governments, we anticipate
that competing initiatives will arise through this process, but our team, in partnership with the
City, will work together to cull out priorities. Fehr & Peers local presence allows us to work cost-
effectively with the City while bringing local knowledge and experience. In addition to the two
workshops outlined by the City, we plan to hold daily conference calls to facilitate
communication and conduct review of work products via email.
The following is our team's suggested approach for developing the TIGER II grant application.
Our intent in providing this information is to begin a dialogue with the City, understanding that
work needs to occur within a short timeframe and with a very streamlined approach. Upon
selection of Fehr & Peers, this draft approach would be tailored to a specific scope of services
acceptable to National City.
A. Project Coordination
Fehr & Peers will work with the City's Project Manager (PM) to review and finalize the
project schedule, identify stakeholders, points of contact, and to organize access to the data
needed for the grant application. The PM will assist FEHR & PEERS with data gathering in
preparation for the first workshop.
B. Workshop #1
At this first workshop, our team anticipates meeting with all of the involved points of
contact for this grant including representatives from SANDAG, Caltrans and/or other
involved City departments, as deemed necessary. Review of the City's project proposal for
this grant will occur. A checklist of responsibilities, including data resources, will be
identified and assigned to responsible parties in order to meet the requirements of the
grant. Furthermore, a review of the four rating factors outlined in the "Application Review
Information" within the Notice of Funding availability for this grant. These factors are as
follows:
Rating Factor 1- Purpose and Outcomes (35 points)
Rating Factor 2- Work Plan (35 points)
Rating Factor 3- Leveraging and Collaboration (15 points)
Rating Factor 4- Capacity (15 points)
It is critical to the grant response that each of these rating factors is addressed in full
because this point system will be how DOT makes their grant allocation decisions.
C. Data Inventory and Review
Given the aggressive schedule, it is anticipated that all data requests will be made prior to or
within 1-2 business days of Workshop #1, and provided no later than Monday August 16th
via digital format from the City or other resources. Any missing data will need to be
analyzed or left out depending upon the circumstance for which it necessitates. During this
task the required analyses for traffic, job creation, economic benefits and other tables and
exhibits will be prepared in coordination with City staff. Specifically, per the scope of
services outlined by the City, the following will be developed:
1. Provide a "baseline" versus "after project implementation" traffic analysis to
convert measures of effectiveness such as travel time, delay, stops, VMT, emissions,
etc. into economic cost savings. A baseline Synchro network will be made available
by the City. Capacity expansion from 4 lanes to 6 lanes and signal timing
optimization for corridor progression will be required for the "after" scenario.
Per the grant requirement, we will produce an analysis that meets at least 2 of the 5
desired outcomes stated by DOT. These are as follows:
- Travel changes, such as changes in mode share or vehicle miles traveled per
capita.
- Impact on affordability and accessibility, including the supply of affordable
housing units, household transportation costs, or proportion of low- and
very -low income households within a 30-minute transit commute of major
employment centers.
- Economic development, including infill development or recycled parcels of
land or private sector investment along a project or corridor.
- Improvement to the state of repair of infrastructure.
- Environmental benefits, such as greenhouse gas or criteria pollutants
emissions, oil consumption and recreational areas or open space preserved.
- Increased participation and decision -making in developing and
implementing a plan, code, development strategy, or project by populations
traditionally marginalized in public planning processes.
2. Estimate the number of immediate jobs created based on the number and type of
workers needed to construct the project. For this analysis, we recommend using
the Stimulus Jobs Impact Calculator that was produced in July 2009 for ARRA funded
projects.
3. Coordinate with City staff to research and review socio-economic data for the City
and region, available through sources such as the U.S. Census and SANDAG.
4. Coordinate with City staff to estimate the near -term and long-term economic
benefits of the project for the region.
5. Prepare narratives, tables and exhibits for preparation of the grant application
based on the project criteria outlined in Attachment B of RFP.
Additionally, we anticipate providing more detailed information for this response as
outlined in each rating factor set forth by the grant requirements.
D. Workshop #2
At this second workshop, our team anticipates convening the same group of stakeholders
from the previous workshop and reviewing the status of the data inventory (Task 3), the
grant application responsibilities assign from workshop #1, and discussing proceeding with
the draft of the grant application. Any other issues that may have arisen will need to be
addressed at this workshop as well with a final solution if necessary given the fact that there
will only be 5 business days remaining until the grant application is due.
E. Draft Grant Application
Our team will draft the grant application with respect to the division of roles and
responsibilities. We will be the lead on the draft and incorporating elements to be provided
by the City, such as the work plan, like project examples to prove capacity, and 424 form, as
the draft is in progress. The draft will need to be completed no later than Thursday, August
19th and sent digitally to the City, as well as other stakeholders, for review and comment. It
will be expected that the City and stakeholders receive all review comments no later than
noon on Friday, August 20th so that our team has adequate time to incorporate any
comments or changes.
F. Finalize Grant Application
A final grant application will be provided via email to the City project manager no later than
noon on Monday, August 23rd for submittal to the grants.gov website.
4.0 PROJECT SCHEDULE
The Fehr & Peers Team understands that the City's TIGER II grant application must be completed
and submitted no later than August 23, 2010. The approach was developed with this in mind,
and we are certain that this aggressive deadline can be attained. Our proposed work schedule
includes the following:
• Notice to Proceed (NTP) will be issued on 8/9/2010 by the City
• Draft grant application submittal to the City on 8/18/2010
• Final grant application submittal to the City on 8/20/2010
5.0 FEE PROPOSAL
The Fehr & Peers Team will perform above identified scope of services for a fixed fee of Eleven
Thousand and Eight Hundred Dollars ($11,800), including expenses. The table on the following
page provides detailed labor hours and costs.
"Expenses" are defined as the cost of long-distance communications, reproduction photographic
and mailing, messenger services, presentation materials, data processing and production
techniques.
Additional Services
Any mutually agreed to Additional Services beyond the Scope of Services will be performed by
Fehr & Peers upon written notice from the Client.
Additional Services will be compensated on the basis of the hourly rates of all personnel
engaged on the project plus expenses as defined above. The following services are examples of
Additional Services:
• Attendance at additional meeting beyond those identified in the Scope of Services.
• Providing any other services not expressly included in this Agreement or not customarily
furnished in accordance with generally accepted practices in the industry.
• Making revisions in drawings, specifications, or other documents when such revisions are
inconsistent with approvals of instructions previously given, or are due to causes not solely
within control of Fehr & Peers.
Task
Labor Hours
Fee
Workshop #1
4 hours (F&P)
$700.00
- includes preparatory and follow up
documents for workshop
5 hours (Sarah)
$500.00
Data Inventory and Review
16 hours (Sarah)
$1,600.00
Analyses & Production of Required Data
for Grant:
16 hours (F&P)
$2,800.00
- Traffic (before and after; outcome
and output)
- Economic Development
- Job Creation
16 hours (Sarah)
$1,600.00
- Performance Metrics
Workshop #2
4 hours (F&P)
$700.00
- includes preparatory and follow up
documents for workshop
5 hours (Sarah)
$500.00
Draft Grant Application
24 hours (Sarah)
$2,400.00
Finalize Grant Application
10 hours (Sarah)
$1,000.00
TOTAL
100 hours
$11,800.00
As always, Fehr & Peers appreciates the opportunity to submit this proposal. We look forward
to assisting you on this exciting project.
Sincerely,
Mark E. Peterson
Principal
CALIF°FiNLA
citryt
v.�COR RAJ ED
OFFICE OF THE CITY CLERK
1243 National City Blvd.
National City, California 91950
Michael R. Dalla, CMC - City Clerk
619-336-4228 phone • 619-336-4229 fax
FEHR & PEERS
Consulting Services
TIGER II Discretionary Grant Application
for Plaza Blvd. Widening Project
Lynn Cole (Engineering) Forwarded
Copy of Agreement to Consultant