Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Fehr & Peers; 2023-06-20; PSA23-2198TRAN
PSA23-2198TRAN City Attorney Approved Version 12/28/2022 1 AGREEMENT FOR CROSSWALK GUIDELINES SERVICES FEHR & PEERS THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2023, by and between the City of Carlsbad, California, a municipal corporation ("City") and Fehr & Peers, a California corporation ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in preparing crosswalk guidelines. B. Contractor has the necessary experience in providing professional services and advice related to crosswalk guidelines. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A," which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5.COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be thirty-nine thousand nine hundred twenty dollars ($39,920). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed thirty-nine thousand, dollars ($39,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A." Incremental payments, if applicable, should be made as outlined in attached Exhibit "A." DocuSign Envelope ID: C29338CE-FCF0-42CD-A2DE-ECEF7379E96B 20th June PSA23-2198TRAN City Attorney Approved Version 12/28/2022 2 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating DocuSign Envelope ID: C29338CE-FCF0-42CD-A2DE-ECEF7379E96B PSA23-2198TRAN City Attorney Approved Version 12/28/2022 3 in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or DocuSign Envelope ID: C29338CE-FCF0-42CD-A2DE-ECEF7379E96B PSA23-2198TRAN City Attorney Approved Version 12/28/2022 4 maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Miriam Jim Name Katy Cole Title Traffic Engineering Title Project Manager Department Public Works Address 555 W Beech St. Ste #302 City of Carlsbad San Diego, CA 92101 Address 1635 Faraday Ave Phone No. 6197583001 Carlsbad, CA 92008 Email k.cole@fehrandpeers.com Phone No. 442-339-5796 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. DocuSign Envelope ID: C29338CE-FCF0-42CD-A2DE-ECEF7379E96B PSA23-2198TRAN City Attorney Approved Version 12/28/2022 5 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes No 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. DocuSign Envelope ID: C29338CE-FCF0-42CD-A2DE-ECEF7379E96B □ PSA23-2198TRAN City Attorney Approved Version 12/28/2022 6 Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. DocuSign Envelope ID: C29338CE-FCF0-42CD-A2DE-ECEF7379E96B PSA23-2198TRAN City Attorney Approved Version 12/28/2022 7 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California FEHR & PEERS, a California corporation By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Sarah Brandenberg, Board Chair & Director (print name/title) By: (sign here) Christine Shields, Secretary & Director (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: C29338CE-FCF0-42CD-A2DE-ECEF7379E96B 555 West Beech Street | Suite 302 | San Diego, CA 92101 | (619) 234-3190 | www.fehrandpeers.com April 19, 2023 Miriam W. Jim, P.E., T.E Senior Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92009 Subject: Proposal for City of Carlsbad’s Crosswalk Guidelines Dear Miriam: Fehr & Peers is pleased to submit this proposal to prepare a crosswalk implementation guide to help the City of Carlsbad prioritize crosswalk requests, identify the appropriateness of a marked crosswalk at an uncontrolled location, and the appropriate traffic control device or other enhancements. The following proposal includes our overall approach to the proposed project, and our proposed scope of work, budget, and schedule to complete the crosswalk guidelines. Project Approach and Understanding We understand that the City of Carlsbad has received a large number of requests from the public for new crosswalks at a variety of uncontrolled locations over the last few years. We will work with the city to help develop a streamlined, consistent process and toolbox for prioritize and respond to these requests. Pedestrians are among our most vulnerable road users, and they are particularly vulnerable at uncontrolled locations, where 72 percent of pedestrian fatalities occur (FARS Data, 2017). Crosswalk guidelines are core to an agency’s ability to consistently provide safe and accessible network connections for pedestrians. Our team is skilled at developing crosswalk policy guidelines for agencies that improve pedestrian safety. The list to the right includes just a few examples of Crosswalk Policies or Guidelines we’ve written over the past decade. Our approach combines the standard data as prescribed by the FHWA guidelines used to understand “when to mark”, such as ADT, speed, # of travel lanes, and median presence, with supplemental road user experience such as severity and frequency of pedestrian collisions, speed of roadway, proximity to nearest marked crosswalk, line of sight, and sensitive land uses or pedestrian generators. Crosswalk Guidelines Authored by Fehr & Peers City and County of Denver Uncontrolled Crossing Guidelines (2022) City of Irvine Crosswalk Guidelines (2021) City of Pittsburg Crosswalk Guidelines (2021) Crosswalk Guidelines for Front Beach Road (SR 30) in City of Panama City Beach (2021) City of Issaquah’s Pedestrian Crossing Guidelines (2020) City and County of Honolulu’s Crosswalk Policy (2019) Alameda County Crosswalk Guidelines (2019) City of Oakland Crosswalk Guidelines (2018) City of Salinas Crosswalk Guidelines (2017) City of Port Orchard, Washington Pedestrian Crossing Guidelines (2016) PSA23-2198TRAN Exhibit "A" DocuSign Envelope ID: C29338CE-FCF0-42CD-A2DE-ECEF7379E96B F EH R f PEERS Crosswalk+ Miriam W. Jim, P.E., T.E April 19, 2023 Page 2 Our team understands the evolution of crossing treatments, standards and guidance, and travel behavior so much so we’ve developed an internal Crosswalk+ tool, which has a solid foundation in published research from the National Cooperative Highway Research Program and Federal Highway Administration, and has been peer-reviewed by the ITE Pedestrian/Bicycle Council. This web-based GIS tool integrates the most recent safety research from a variety of sources into in an accessible user interface to guide the selection of crosswalk treatments at uncontrolled crossing locations. It enhances consistency and streamlines decision-making. The research behind this tool serves as a foundation for the crosswalk policy guidance we develop. In addition, Fehr & Peers staff authored the ITE Informational Report: Crosswalk Policy Guide (2022) that provides guidance to agencies for the development of crosswalk policies. It serves as a consolidated resource for use in the development of crosswalk policies, and includes a comprehensive overview of information and direction to primary source material allowing agencies to create a tailored crosswalk policy. Our current work on the Carlsbad Sustainable Mobility Plan Implementation Plan also allows us direct access to many useful multi-modal data sets that we have compiled online into an interactive webmap, the SMP Implementation Webmap. This webmap is available to city staff and could be used to assist the city in applying the Crosswalk Guidelines flowchart, using the webmap data to screen for crosswalk locations and appropriate enhancements. More detail on how this would work is provided in our Scope of Work below. PSA23-2198TRAN Exhibit "A" (cont.) DocuSign Envelope ID: C29338CE-FCF0-42CD-A2DE-ECEF7379E96B Miriam W. Jim, P.E., T.E April 19, 2023 Page 3 Examples from the City of Irvines Crosswalk Guidelines, published by Fehr & Peers in 2021 Scope of Work Task 1. Project Management Task 1.1. Project Kickoff Meeting and Crosswalk Policy Goals Fehr & Peers will plan and facilitate a Project Kick-Off meeting with the project team and other internal City Stakeholders (as needed, including but not limited to key staff from Public Works and Community Development to discuss project goals, objectives, schedule, issues, and risks. A key focus of the kickoff meeting will be to understand the City’s current process for reviewing crosswalk requests and implementing new marked crossings at uncontrolled and mid-block locations. Fehr & Peers will use time to facilitate a discussion with City staff on the following questions: • What are the current challenges to prioritizing uncontrolled crosswalks? • What are the relative merits and demerits of standards vs. policies? PSA23-2198TRAN Exhibit "A" (cont.) DocuSign Envelope ID: C29338CE-FCF0-42CD-A2DE-ECEF7379E96B Fi&ure 1 Marked Crosswalk Warrant Flowchart ffi f°4 QF l.tt..,_<z. :I: u • -----------------------------------------'9 i \~I Oty,ia.ffreceivN• t; ~ req~•tformarked c:roww1.1jc in1t1.btk>n or improv.ment. ..-9 : •·----------·-· ,ii .. .-;;;::::::::::::~:~: ______________________________________ _ -•;::::::::::::::: ... -·•··· - I .. • I __ ~ • I ' " • ............................................... -.. : ..... ·.. . ----···· ~ ? Dtrect pede1tn.an to th• nN.r!'II m.arhld a'OIS'Nilk. t:)ves No See Tabla 1 for 1upplementAI nobt1 and considerations on cro98Wlllkin&ta1Li.tion: 1 S•nsit,,_,. Land U.• 2 ~•1triin Counts 3 ColntOfl Data A SmAIL loul Ro.ad S Cm•walkC00$0lidi.tion 6 Stopptng Si£ht Diet~ 7 Si£ht Obstruction 8 TrMflcCalmir,g 9 F•uib"9 locations 10 Adequate LW!linf. Miriam W. Jim, P.E., T.E April 19, 2023 Page 4 •What aspects would we like to see incorporated into crosswalk guidelines? What are the main goals of the new guidelines? •Does the city have a policy or criteria for removing crosswalks? Task 1.2. Monthly Project management calls The Fehr & Peers project manager will have a monthly call with the City’s project manager to discuss project status and management-related items. Task 1.3. Project Administration Project administration and monthly invoicing. Assumptions •Fehr & Peers will develop Project Kick-Off meeting agenda and materials, provide hard copies of all materials and a meeting summary including a record of all decisions. •Fehr & Peers Project Manager or designee will facilitate monthly project management calls. •Assumes 6-month project schedule, project kick-off and up to five (5) monthly meetings. •Up to three (3) Fehr & Peers team members will attend the Kick-off meeting. Deliverables •Monthly invoices showing the previous month’s billing by hours and tasks, percentage of project completion to date by task, a project status report by task, and comments on the project’s schedule status. •Kickoff Meeting Agenda and materials for all attendees. •Notes summarizing the Kickoff Meeting including a list of project goals and action items. Task 2. Uncontrolled Crosswalk Guideline and Flow Charts Fehr & Peers will prepare a comprehensive decision-making process for installing a marked crosswalk. This task will develop the following deliverables: 1.Develop a decision-making process for marking uncontrolled crosswalks based on state of the practice. 2.Criteria as to when crosswalks should be marked at uncontrolled intersections. 3.List of data collection procedures and needs. 4.Crossing enhancement devices and application criteria for uncontrolled crossings. 5.Consideration of pedestrian priority areas with different levels of treatments. PSA23-2198TRAN Exhibit "A" (cont.) DocuSign Envelope ID: C29338CE-FCF0-42CD-A2DE-ECEF7379E96B Miriam W. Jim, P.E., T.E April 19, 2023 Page 5 State of the Practice Summary This task will develop a decision-making process for marking uncontrolled crosswalks, based on new FHWA guidelines published in 2018 and the resources/guidelines in the ITE Informational Report: Crosswalk Policy Guide. Prior to creating the uncontrolled crosswalk guidelines, Fehr & Peers will develop a state of the practice document that will lay the groundwork. This document will cover the following items: •An overview of crosswalk fundamentals (what defines a legal crossing) •Universal geometric safety considerations •Baseline controlled crosswalk treatments and enhancements •Step-by-step guidance on how to apply information from FHWA, NACTO, and peer cities to provide crosswalks and safety countermeasures, including proactive and reactive strategies •Strategies to estimate latent demand for new marked crosswalks, based on best practices and other agency practices When to Mark Fehr & Peers will develop a flow chart to determine where to mark uncontrolled crosswalks. The flow chart - which considers feasibility factors such as land use, latent demand, and crosswalk spacing can include both a proactive and reactive (or responsive) process. Examples of both approaches are shown below. A proactive approach provides a holistic approach to help identify the need for safety countermeasures comprehensively, in areas that have collision data as well as areas with similar roadway characteristics where collisions may be underreported. This type of approach is bolstered by the completion of a safety plan, such as the Carlsbad Local Roadway Safety Plan. Reactive (or responsive) approaches are also beneficial, as they provide a clear, transparent, and data-driven quick-response approach to a specific problem. Latent demand estimates are a main influencing factor in the ultimate decision to mark a crosswalk. The strategy for estimating latent demand for the City could include the use of the interactive SMP Implementation Webmap, a powerful online tool created by Fehr & Peers for the City of Carlsbad that compiles multimodal GIS layers for the implementation of the Sustainable Mobility Plan. The following webmap layers could be relevant for this effort as proxies for pedestrian demand: -Existing and Planned Land Use -Points of Interest, from big data source SafeGraph, which includes clusters of recreational and employment destinations in the City of Carlsbad -High Demand Transit hubs, such as the Village, Carlsbad Mall, and Poinsettia station -Walk shed buffers around schools and parks The decision to install a marked crosssing can follow either a proactive or reactive process. Examples for each are shown below from the Alameda County Crosswalk Guidelines, published by Fehr & Peers in 2019. Our expectation is that the guidelines will focus on a reactive process, providing the City with a protocol and process for responding to crosswalk requests. The guidelines will also provide the process for completing a proactive assessment for installing crosswalks. PSA23-2198TRAN Exhibit "A" (cont.) DocuSign Envelope ID: C29338CE-FCF0-42CD-A2DE-ECEF7379E96B Miriam W. Jim, P.E., T.E April 19, 2023 Page 6 PSA23-2198TRAN Exhibit "A" (cont.) DocuSign Envelope ID: C29338CE-FCF0-42CD-A2DE-ECEF7379E96B CHART 1: Proactive Process for Determining Whether lo Mark Uncontrolled and Midblock Crosswalks • • : I I • ' I I ,. • ' I : ' Coul"'ly collects data .. nd engages the public County inventories cond1t1ons and pnont zcs loca11ons County analyzes crash types and sa'ety issues Ref me pnonllzed list of potential cross ng local ons m need of marked or enhance:d crosswalks • Complete stafff,eld v,s,ts I . I I ' • Are demand consrderalto'ls met !See Section .G.2. Ct,art 3]? --.. , _,...@ ·~;:~·•··· ·, ..•.. No • ··use Table 2 and engtl"'Cer ng '•• -This IS rot a good Judgment to determine candidate ~ • 1 location for a treale'llcnls and murk crosswJ!k marked cross ng Miriam W. Jim, P.E., T.E April 19, 2023 Page 7 How to Mark Once it is determined that a crosswalk will be marked, the next step is determining the design features appropriate for the crosswalk. Fehr & Peers will develop a table with design guidelines for how to choose the appropriate design treatment for uncontrolled crosswalks. These treatments range from minor interventions such as simply installing the high-visibility crosswalk markings - appropriate on roadways with lower speeds, traffic volumes and roadway widths – to more significant interventions that are needed on high speed or PSA23-2198TRAN Exhibit "A" (cont.) DocuSign Envelope ID: C29338CE-FCF0-42CD-A2DE-ECEF7379E96B CHART 2: Reactive Process for Determining Whether to Mark Uncontrolled and Midblock Crosswalks • .. • . I ~ • County staff receives req1.1est for a marked crosswalk nstallat1on or improvement Severe mJury or fatal pedestr an col11s1on occurs, or co l1s10ns analys s 1d,mt1f1es one or more n unes at a location within 5 years Wa,k.ib1l1ty audits 1dent1fy a ocat on for marked crosswalk nstallat1on or 11nprov m nt Commlm ty urvey 1dent,f1cs a key local on form rked cro swalk nsta lat,on --', • Ar demand cMs1derat1ons met (See S cl ,on 4 2. Chart 3)? #-__ ... @ ·Ye~---· .. • --~ Tab e 2 und engm nng J1.Jdgment to determine candidate treatements and mark crosswa k No Th, s not a aood locat on for a marked crossing Miriam W. Jim, P.E., T.E April 19, 2023 Page 8 volume roadways, wider roadways, and roadways where motorists are less likely to yield to pedestrians. This table will be based on FHWA 2018 crossing guidelines. FHWA Uncontrolled Crossing STEP Guide, redesigned by Fehr & Peers The FHWA crossing guidelines are more prescriptive for the treatment that should be strongly considered at marked crossings; however, there is room for local calibration for the decision between a Rapid Rectangular Flashing Beacon (RRFB) and a Pedestrian Hybrid Beacon (PHB). Fehr & Peers will test the guidelines on up to five (5) uncontrolled crossings outlined in the RFP and pre-selected by City staff, to calibrate the flowchart and determine if the resulting design decisions reflect the preferences of City staff. We will use these pilot locations to demonstrate to the City how they can use the SMP Implementation Webmap, created by Fehr & Peers as part of the Sustainable Mobility Plan implementation, to apply the flowchart. The following webmap layers will be useful to screen for appropriate crossing treatments: - Posted Speed - Excessive Speeding Events and Daily Observed Speeds, documented by big data source Wejo - Roadway Classification, used as a proxy for number of lanes and ADT PSA23-2198TRAN Exhibit "A" (cont.) DocuSign Envelope ID: C29338CE-FCF0-42CD-A2DE-ECEF7379E96B FHWA Uncontrolled Crossings Guidance Safety Countermeasures 0 l~I® • 0 T i 0 ~ ~ ~ 0 ti • High-visibility crosswalk markings Raistd Crosswalk • Yield Here to Pedestrian + Yield line In-Street Ptdestri1n • Parking restriction on crosswalk approach • Adequate nighttime lighting • Stop Here for Pedestrian + Stop line Crossing Sign 0 L.1 0 _i 0 " I 0 --Curb Ell:t@nsion Pedestrian Refuge, Island P@de.st:rian Hybrid B@acon Road Did: # Countermeasure isa candidate treatment at a marked uncontrolled crossing location. 1 2 3 o '-._,.-0 CountermeasurP should alwa~s be considered but not mandated or required, based upon engoneerangJudgment at a marked S ("-:, 7 S · uncontrolled crossing location. ·--~----/(~) Countermeasure is generally not an appropriate treatment but exceptions may be considered following engineering judgment. 31.aneswith medUln* ...... + -~ llanes• ...... ..,..... ____ ..,.. 4 Laneswith median"* .......... + - • ! lane in each direction •• 2 or more lanes in eac:h direction s30mph 0 2 3 ' 6 0 2 3 ' 0 2 3 ' 6 7 0 E) 0 E) 6 7 • 35mph ~40mph 0 E) 0 E) 7 6 8 0 E) 0 E) 7 8 0 E) 0 E) 6 7 5 6 8 0 E) 0 E) 7 8 0 E) 0 E) 5 0 7 s oa • <9,000 Speed Limit S30mph 35mph ~40mph s30mph 35mph ~40mph 0 0 E) 0 E) 0 3 ' 0 E) 0 E) 5 6 7 8 7 6 8 0 ' 0 E) 0 E) 0 E) ' 0 E) 0 E) 5 8 0 7 0 0 0 0 E) 0 E) 0 E) ' 0 E) 0 E) 5 6 7 5 6 8 6 8 5 6 7 8 5 6 8 0 E) 0 E) 0 E) 0 E) 0 E) 0 E) 5 8 8 8 8 8 0 E) 0 E) 0 E) 0 E) 0 E) 0 E) 5 0 7 s oa • s oa s oa • s oa s oa 9,000 • 15,000 > 15,000 Annual Average Daily Traffic (MDT) FEHR ~PEERS Miriam W. Jim, P.E., T.E April 19, 2023 Page 9 Fehr & Peers will apply the FHWA thresholds using webmap data (listed above), in addition to supplemental data where needed, such as peak hour intersection counts and vehicle ADT. Fehr & Peers has access to vehicle ADT data in select parts of the City from the existing conditions analysis performed for the City of Carlsbad’s MMLOS project. Any other vehicle ADT data will be provided by the City. No intersection operations analysis or additional data collection is assumed for this task; supplemental vehicle and pedestrian counts at these test intersections are assumed to be provided by the City. The City may use the SMP Implementation Webmap data as part of the crosswalk selection process moving forward. Fehr & Peers will revise the Uncontrolled Crossing Guidelines table (above) and the test results for the five “pilot” locations based on one (1) set of consolidated comments from City staff. Fehr & Peers will then provide a final guidelines table, flowchart graphics, and the resulting recommendations for the five (5) selected crossings. Crosswalk Removal Policy In addition to the details above, Fehr & Peers will also develop guidance for crosswalk removals at uncontrolled locations for documentation in the Crosswalk Guidelines. This will incorporate best practices from FHWA and NACTO, in addition to up to two (2) peer city policies to be chosen by City staff. Decorative Crosswalk Considerations Decorative crosswalks are paving treatments which include colored and/or textured concrete, asphalt or pavers, decorative paint, or other similar treatments. Decorative crosswalks are a means to facilitate vibrant place- making and to promote improved pedestrian facilities in downtown districts and are often requested by neighborhoods. Our team has expertise and understanding of how a decorative crosswalk complies and deviates with the CA MUTCD and we understand the Federal Highways Administration’s stance on decorative crosswalks. We will provide these considerations to the City and work with you to determine if simple guidance for when a decorative crosswalk should be considered is included in the guidelines. Our scope includes providing a brief section on decorative crosswalk considerations and guidance in the overall guidelines document. Assumptions • The consultant team will produce all text and graphics included in the draft Crosswalk Guidelines. • The City will provide data such as intersection counts, ADT, and speeds at the five pilot crosswalk locations. We will work with the City to collect the data prior to the end of the current school year on June 9, 2023. • No intersection operations (i.e. Synchro) analysis is assumed as part of this task. Additional Services The proposed scope of work assumes the crosswalk guidelines final deliverable will be provided as a PDF document; however, Fehr & Peers is skilled at developing web- based tools for individual client needs. For an additional scope and fee, we can create a customized interactive web-based tool that includes the methodologies and decision-making process developed for the crosswalk design guidelines as part of this project. Incorporating and maintaining data on an interactive web-based tool will create a streamlined and user- friendly digital approach for the decision-making process. The tool would require City Staff to input basic roadway characteristics, such as crosswalk location, roadway information, and crossing characteristics. Then the tool would provide quick and consistent recommendations. PSA23-2198TRAN Exhibit "A" (cont.) DocuSign Envelope ID: C29338CE-FCF0-42CD-A2DE-ECEF7379E96B Miriam W. Jim, P.E., T.E April 19, 2023 Page 10 • This document will be developed in direct coordination with the city. Because there are clear technical federal guidelines that the document will be based on, we do not anticipate the process to be highly iterative. For this reason, we have not included coordination with the Traffic and Mobility Commission (TMC). We are happy to adjust accordingly if the city wishes to include TMC coordination in the approach. Deliverables • Draft Crosswalk Guidelines PDF document with one (1) rounds of revisions. • Final Crosswalk Guidelines. • Results for an initial five (5) uncontrolled pilot intersections (draft and final) Fee and Schedule Fehr & Peers will complete this scope of work for a fixed-fee amount of $39,920, which includes all staff time and direct expenses. Additional services are excluded from these amounts. Invoices will be submitted monthly and are due and payable upon receipt. We expect that the guidelines will be completed within a 4-6 month schedule and will work with the City to establish a schedule that meets the City’s needs. Contract We understand we will be contracting with the City of Carlsbad, using language consistent with previous efforts. The terms of this proposal are valid for a period of 90 days, but the scope, budget, and schedule may need to be modified depending on additional information that is made available prior to project initiation, or if initiation occurs after 90 days. We appreciate the opportunity to work with you on this project. Please call Katy Cole at (619) 758-3001 if you have any questions on this proposal. Sincerely, FEHR & PEERS Katy Cole Principal Kendra Rowley Associate SD-P23-1165 Our mission is to empower every employee to develop effective and innovative transportation solutions that improve communities PSA23-2198TRAN Exhibit "A" (cont.) DocuSign Envelope ID: C29338CE-FCF0-42CD-A2DE-ECEF7379E96B ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 4/14/2023 License # 0E67768 (925) 660-3514 50008 (925) 416-7869 13056 Fehr & Peers 100 Pringle Avenue, Suite 600 Walnut Creek, CA 94596 11000 19917 A 2,000,000 PSB0006683 12/6/2022 12/6/2023 1,000,000 10,000 2,000,000 4,000,000 4,000,000 1,000,000A PSA0002276 12/6/2022 12/6/2023 5,000,000A PSE0002889 12/6/2022 12/6/2023 5,000,000 B 57WEGZJ1989 5/1/2023 5/1/2024 1,000,000 1,000,000 1,000,000 C Professional Liab.AEXNYABEFJ2007 12/6/2022 Per Claim 5,000,000 C Professional Liab.AEXNYABEFJ2007 12/6/2022 12/6/2023 Aggregate 5,000,000 City of Carlsbad All Operations of the Named Insured, including the aforementioned project, if any. General Liability: Please see blanket Additional Insured endorsement attached; such coverage is Primary and Non-Contributory with Waiver of Subrogation included, as required per written contract. Auto Liability: Please see blanket Additional Insured endorsement with Waiver of Subrogation included, as required per written contract. Workers' Compensation: Waiver of Subrogation is in favor of the aforementioned Additional Insured as per attached blanket Waiver of Subrogation endorsement, as required per written contract. SEE ATTACHED ACORD 101 City of Carlsbad Attention: Joe Stewart 1635 Faraday Avenue Carlsbad, CA 92008 FEHR&PE-01 MICHAELA IOA Insurance Services 3875 Hopyard Road Suite 200 Pleasanton, CA 94588 Gigi Yuen Gigi.Yuen@ioausa.com RLI Insurance Company Sentinel Insurance Company, Ltd Liberty Insurance Underwriters, Inc X 12/6/2023 X X X X X X X DocuSign Envelope ID: C29338CE-FCF0-42CD-A2DE-ECEF7379E96B ACORD" I ~ I ~ □ □ ~ ~ ~ □ □ ~ ~ ~ ~ ~ ~ ~ ~ H I I I I I □ {!.,JI&- I FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. IOA Insurance Services FEHR&PE-01 SEE PAGE 1 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance License # 0E67768 1 SEE P 1 Fehr & Peers 100 Pringle Avenue, Suite 600 Walnut Creek, CA 94596 SEE PAGE 1 MICHAELA 1 Description of Operations/Locations/Vehicles: Excess Liability/Umbrella follows form over the General Liability, Auto Liability and Employers liability. GENERAL LIABILITY & AUTO LIABILITY INCLUDE THE FOLLOWING PERSON(S) OR ORGANIZATION(S): The City of Carlsbad, as required per written contract DocuSign Envelope ID: C29338CE-FCF0-42CD-A2DE-ECEF7379E96B ~ ACORD" ~ I Policy Number:RLI Insurance Company Named Insured: PPB 304 02 12 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack®FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II – LIABILITY 1. C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a.In the performance of your ongoing operations; b.In connection with premises owned by or rented to you; or c.In connection with “your work” and included within the “product-completed operations hazard”. 2.The insurance provided to the additional insured by this endorsement is limited as follows: a.This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. b.This insurance does not apply to the rendering of or failure to render any "professional services". c.This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3.The following is added to SECTION III H.2. Other Insurance – COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II – LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a.The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b.The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4.The following is added to SECTION III K. 2. Transfer of Rights of Recovery Against Others to Us – COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II – LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising out of "your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PSB0006683 Fehr & Peers LIABILITY) 4.The following is added to SECTION III K. 2.g Transfer of Rights of Recovery Against Others togyg Us – COMMON POLICY CONDITIONS (BUT( APPLICABLE TO ONLY TO SECTION II – 1. C. WHO IS AN INSURED isamended to include as an additional insured anyperson or organization thatyp g you agreeinacontractoragreement requiringyg g qg insurance to include as an additionalinsured onthis policy, but only with respect to liability for "bodilypy injury", y "property p damage"or y "personal y andjy pp y g p advertising injury" caused in whole or in part by you or those acting on your behalf: gjy However, if you specifically agree in a contract oryp yg agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non-contributory py ppy py py y basis, this insurance is primary to other insurancepy thatisavailable tosuch additionalinsured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: DocuSign Envelope ID: C29338CE-FCF0-42CD-A2DE-ECEF7379E96B Policy Number:RLI Insurance Company Named Insured: PPA 300 03 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® BUSINESS AUTO ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. Broad Form Named Insured B. Employees As Insureds C. Blanket Additional Insured D. Blanket Waiver Of Subrogation E. Employee Hired Autos F. Fellow Employee Coverage G. Auto Loan Lease Gap Coverage H. Glass Repair – Waiver Of Deductible I. Personal Effects Coverage J. Hired Auto Physical Damage Coverage K. Hired Auto Physical Damage – Loss Of Use L. Hired Car – Worldwide Coverage M. Temporary Transportation Expenses N. Amended Bodily Injury Definition – Mental Anguish O. Airbag Coverage P. Amended Insured Contract Definition – Railroad Easement Q. Coverage Extensions – Audio, Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound R. Notice Of And Knowledge Of Occurrence S. Unintentional Errors Or Omissions T. Towing Coverage PSA0002276 Fehr & Peers C. Blanket Additional Insured D. Blanket Waiver Of Subrogation DocuSign Envelope ID: C29338CE-FCF0-42CD-A2DE-ECEF7379E96B PPA 300 03 13 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured The following is added to the SECTION II – COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1. Who Is An Insured Provision: Any business entity newly acquired or formed by you during the policy period, provided you own fifty percent (50%) or more of the business entity and the business entity is not separately insured for Bus- iness Auto Coverage. Coverage is extended up to a maximum of one hundred eighty (180) days following the acquisition or formation of the business entity. This provision does not apply to any person or organization for which coverage is excluded by endorsement. B. Employees As Insureds The following is added to the SECTION II – COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1. Who Is An Insured Provision: Any “employee” of yours is an “insured” while using a covered “auto” you don't own, hire or borrow in your business or your personal affairs. C. Blanket Additional Insured The following is added to the SECTION II – COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1. Who Is An Insured Provision: Any person or organization that you are required to include as an additional insured on this coverage form in a contract or agreement that is executed by you before the “bodily injury” or “property damage” occurs is an “insured” for liability coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an “insured” under the Who Is An Insured provision contained in SECTION II – COVERED AUTOS LIABILITY COVERAGE. The insurance provided to the additional insured will be on a primary and non-contributory basis to the additional insured’s own business auto coverage if you are required to do so in a contract or agreement that is executed by you before the “bodily injury” or “property damage” occurs. D. Blanket Waiver Of Subrogation The following is added to the SECTION IV – BUSI- NESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against any person or organization to the extent required of you by a contract executed prior to any “accident” or “loss”, provided that the “accident” or “loss” arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. E. Employee Hired Autos 1.The following is added to the SECTION II – COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision: An “employee” of yours is an “insured” while operating an “auto” hired or rented under a contract or agreement in that “employee's” name, with your permission, while performing duties related to the conduct of your business. 2.Changes In General Conditions: Paragraph 5.b.of the Other Insurance Con- dition in the BUSINESS AUTO CONDITIONS is deleted and replaced with the following: b.For Hired Auto Physical Damage Coverage, the following are deemed to be covered “autos” you own: (1) Any covered “auto” you lease, hire, rent or borrow; and (2) Any covered “auto” hired or rented by your “employee” under a contract in that individual “employee's” name, with your permission, while performing duties related to the conduct of your business. However, any “auto” that is leased, hired, rented or borrowed with a driver is not a covered “auto”. F. Fellow Employee Coverage SECTION II – COVERED AUTOS LIABILITY COVERAGE, Exclusion B.5. does not apply if you have workers compensation insurance in-force covering all of your employees. G. Auto Loan Lease Gap Coverage SECTION III – PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance, is amended by the addition of the following: In the event of a total “loss” to a covered “auto” shown in the Schedule of Declarations, we will pay any unpaid amount due on the lease or loan for a covered “auto”, less: 1.The amount paid under the PHYSICAL DAMAGE COVERAGE section of the policy; and 2.Any: a.Overdue lease/loan payments at the time of the “loss”; C. Blanket Additional Insured D. Blanket Waiver Of Subrogation DocuSign Envelope ID: C29338CE-FCF0-42CD-A2DE-ECEF7379E96B THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative (1) Printed in U.S.A.Form WC 04 03 06 WAIVER OF OURRIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Endorsement Number:Policy Number: 57 WEG ZJ1989 Named Insured and Address:FEHR & PEERS 100 PRINGLE AVE STE 600 WALNUT CREEKCA94596 We have the 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 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us DocuSign Envelope ID: C29338CE-FCF0-42CD-A2DE-ECEF7379E96B ?