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HomeMy WebLinkAboutFehr & Peers; 2023-06-20; PSA23-2209TRANPSA23-2209TRAN City Attorney Approved Version 5/25/2023 1 AGREEMENT FOR CITYWIDE SPEED LIMIT REDUCTION EVALUATION 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. In accordance with the Proclamation of Bicycle, E-Bicycle and Motorized Mobility Device Safety Local Emergency declared in the City of Carlsbad, California on August 23, 2022, ratified by the City Council on August 30, 2022, and extended on May 16, 2023, and Carlsbad Municipal Code §§ 3.28.110 and 3.28.120, the City requires the professional services of a consultant that is experienced in evaluating potential speed limit reduction on roadways in accordance with Assembly Bill 43 and California Manual on Uniform Traffic Control Devices Revision 7. B. Contractor has the necessary experience in providing professional services and advice related to evaluating potential speed limit reduction on roadways in accordance with Assembly Bill 43 and California Manual on Uniform Traffic Control Devices Revision 7. 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 period 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 shall not exceed sixty thousand dollars ($60,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. 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." DocuSign Envelope ID: A568ACD8-7614-47F1-8D81-8CBD808E7243 June 20th PSA23-2209TRAN City Attorney Approved Version 5/25/2023 2 Incremental payments, if applicable, should be made as outlined in attached Exhibit "A." 6. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification-subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. 7. 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. 8. 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 DocuSign Envelope ID: A568ACD8-7614-47F1-8D81-8CBD808E7243 PSA23-2209TRAN City Attorney Approved Version 5/25/2023 3 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. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. 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 attorney’s 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. 11. 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 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. 11.1 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. 11.1.1 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. 11.1.2 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. DocuSign Envelope ID: A568ACD8-7614-47F1-8D81-8CBD808E7243 PSA23-2209TRAN City Attorney Approved Version 5/25/2023 4 11.1.3 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. 11.1.4 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. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 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. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 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 maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 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. 12. 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. 13. 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. 14. 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 DocuSign Envelope ID: A568ACD8-7614-47F1-8D81-8CBD808E7243 PSA23-2209TRAN City Attorney Approved Version 5/25/2023 5 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. 15. 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. 16. 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 Kendra Rowley 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. (619) 758-3008 Carlsbad, CA 92008 Email K.Rowley@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. 17. 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 as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ☒ If yes, list the contact information below for all individuals required to file: Name Email Phone Number 18. 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. DocuSign Envelope ID: A568ACD8-7614-47F1-8D81-8CBD808E7243 PSA23-2209TRAN City Attorney Approved Version 5/25/2023 6 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. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. 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. 21. 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. 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. 22. 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. DocuSign Envelope ID: A568ACD8-7614-47F1-8D81-8CBD808E7243 PSA23-2209TRAN City Attorney Approved Version 5/25/2023 7 23. 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. 24. 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. 25. 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. 26. 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. [signatures on following page] DocuSign Envelope ID: A568ACD8-7614-47F1-8D81-8CBD808E7243 PSA23-2209TRAN City Attorney Approved Version 5/25/2023 8 27. 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) Geoff Patnoe, Assistant City Manager, as authorized by the City Manager Sarah Brandenberg, Board Chair & Director (print name/title) ATTEST: By: (sign here) for Sherry Freisinger, City Clerk 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 BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: A568ACD8-7614-47F1-8D81-8CBD808E7243 PSA23-2209TRAN City Attorney Approved Version 5/25/2023 9 EXHIBIT “A” SCOPE OF SERVICES DocuSign Envelope ID: A568ACD8-7614-47F1-8D81-8CBD808E7243 June 6th, 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 Citywide Speed Limit Reduction Evaluation Dear Miriam: Fehr & Peers is pleased to submit this proposal to evaluate speed reductions citywide in the City of Carlsbad. Our approach will assist the city in identifying candidate roadways where speeds could be reduced in accordance with the new Assembly Bill (AB) 43 and Revision 7 of the California MUTCD. The following proposal includes our overall approach, proposed scope of work and fee to complete this work. Project Approach and Understanding Speed is one of the main contributing factors to the severity of collisions. As Vision Zero cities and other cities with citywide safety goals are taking the next step to achieving their collision reduction goals, many of them are adopting the “Safe System Approach”, which includes Safe Speeds as one of the five core elements. The Safe System Approach is based, in part, on the principle that because the severity of a collision is correlated to the force of impact, Safe Speeds will help reduce the severity of an injury, if a collision should occur. At Fehr & Peers, we have worked at the federal and state level with both FHWA and ITE to incorporate the Safe System Approach into guiding industry documents such as the Caltrans Strategic Highway Safety Plan, which provides a framework for reducing fatalities and injuries on all public roads, and the Local Road Safety Plan. As part of our company’s focus on safety-related work and advising our clients on the latest trends and best practices, we have been closely following the development of AB-43 legislation. Below are several examples of recent experience that demonstrates our expertise in this area. Our approach uses the standard data as prescribed by the CA-MUTCD to identify speed reduction allowances such as 3-5 years of recent crash data, observed speeds, posted speeds, and land use. Figure 1 Safe System Approach Principles and Elements (Source: FHWA and Fehr & Peers) Exhibit A PSA23-2209TRAN Exhibit "A" DocuSign Envelope ID: A568ACD8-7614-47F1-8D81-8CBD808E7243 fEHR f PEERS Miriam W. Jim, P.E., T.E June 6, 2023 Page 2 As a company, we have invested in creating a Network Screening tool that automates the process of creating a High-Injury Network, or an HIN. This step is not only crucial for Vision Zero cities, but is also a building block for an MUTCD-compliant speed reduction analysis in the City of Carlsbad. The MUTCD requires “Safety Corridors” be identified for considering collision-based speed limit reductions. Our Network Screening tool can be adapted in this context to help us efficiently create an MUTCD-compliant network of Safety Corridors for the City of Carlsbad. The tool is shown at the right, applied to create a Safety Network for the City of Long Beach. We are currently working with SafeTREC to conduct a “Safe Speeds” study for Caltrans, to align with the framework of their Strategic Highway Safety Plan (SHSP). The study explores case study examples of agencies that have used speed limit setting as a strategy to reduce fatal and severe injury collisions. The study also includes interviews with staff from these agencies to inform recommendations for Caltrans. The recommendations for Caltrans include criteria to consider for potential adjustments to how and where speed limit reductions are employed in the context of a Safe System Approach. We’ve advised the cities of American Canyon, Menlo Park, San Mateo, and San Rafael as part of ongoing efforts within each of these cities to conduct speed surveys, create Vision Zero plans, develop a complete streets master plan, as well as pursue funding through the Safe Streets and Roads for All program. We are familiar with the data required to identify candidate speed reduction treatments as well as helping cities navigate locally based concerns or questions from law enforcement, city council members, and other stakeholders. Our current work on the Carlsbad Sustainable Mobility Plan Implementation Plan also allows us direct access to many useful 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 as a tool to overlay different GIS data sets to visualize areas that are candidates for speed reductions, based on our analysis. More detail on how we would apply our experience is provided in our Scope of Work below. Scope of Work Task 1. Project Management Task 1.1. Project Kickoff Meeting Fehr & Peers will plan and facilitate a Project Kick-Off meeting with the City to discuss project scope, goals, objectives, and schedule. Fehr & Peers will use time to facilitate a discussion with City staff. Task 1.2. Bi-weekly project management calls The Fehr & Peers project manager will have a bi-weekly call with the City’s project manager to discuss project status and management-related items. PSA23-2209TRAN Exhibit "A" (Cont.) DocuSign Envelope ID: A568ACD8-7614-47F1-8D81-8CBD808E7243 I ·::-~·"~ .x ! 0 ' I ' .. -.....-: : I 1.1 f . -· UhWMd . . I ; , C t1 : Miriam W. Jim, P.E., T.E June 6, 2023 Page 3 Task 1.3. Stakeholder Meetings We have allocated time to support the city at up to three stakeholder meetings, which could include any of the following: -City Council meeting, to adopt a local ordinance to establish a Business Activity District (as required per the updated CAMUTCD) for Carlsbad Village, in order to apply a 25 or 20 mph prima facia speed limit -City Council meeting, to approve speed limit reductions for a group of streets -Traffic and Mobility Commission meeting, to present our findings to the commission. Task 1.4. Project Administration Project administration and monthly invoicing. Assumptions •Fehr & Peers will develop Project Kick-Off meeting agenda and materials, provide copies of all materials and a meeting summary including a record of all decisions. •Fehr & Peers Project Manager or designee will facilitate bi-weekly project management calls. •Assumes 3-month project schedule, project kick-off and up to five (5) bi-weekly 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. Citywide Screening: Identifying Candidate Corridors Fehr & Peers will conduct a citywide evaluation to identify corridors that are candidates for speed limit reductions. Task 2.1. Initial GIS Mapping Based on the criteria in the CA-MUTCD update, the following spatial data in Table 1 would be gathered to help us identify the areas that could qualify for: -Rounding down within 5mph of the 85th% speed, -Using an additional 5mph reduction for a Safety Corridor designation (based on MUTCD Crash Weighting Factors) or adjacent to a high concentration of bicyclists and pedestrians (based on MUTCD Bike/Ped Generators), or PSA23-2209TRAN Exhibit "A" (Cont.) DocuSign Envelope ID: A568ACD8-7614-47F1-8D81-8CBD808E7243 Miriam W. Jim, P.E., T.E June 6, 2023 Page 4 -Allowing a default 20 or 25mph within a Business Activity District, as defined by the CAMUTCD. Table 1: GIS Data for MUTCD Speed Reduction Assessment Data Purpose Data Source Posted Speed Limit Determine if Observed Speed vs. Posted Speed meets MUTCD criteria for rounding down SMP Implementation Webmap Daily Observed Speeds, based on Big Data source Wejo (October 2022) Determine if Observed Speed (as proxy for 85th % Speed) vs. Posted Speed meets MUTCD criteria for rounding down SMP Implementation Webmap Land Use Characteristics, such as those listed below, per MUTCD Table 2B-106(CA): -Employment centers -Retail -Parks -Senior Centers MUTCD Bike/Ped Generators SMP Implementation Webmap Senior Centers will need to be mapped, via Google Maps and city input Transit Stops or Transit Priority Areas MUTCD Bike/Ped Generators SMP Implementation Webmap Presence of Pedestrian/Bicycle Infrastructure MUTCD Bike/Ped Generators SMP Implementation Webmap LRSP Priorities MUTCD Bike/Ped Generator SMP Implementation Webmap Collision Data, with severity and mode MUTCD Crash Weighting Factors SANDAG, SWITRS 1 Vulnerable Populations: Seniors and Youth MUTCD Crash Weighting Factors and Bike/Ped Generators SMP Implementation Webmap School Locations MUTCD Crash Weighting Factor and Bike/Ped Generator SMP Implementation Webmap Task 2.2. Collision Analysis: Safety Corridor Development In order to use collision history as the justification for reducing speed, the CA MUTCD requires a high-injury network, or a network of “Safety Corridors” be identified as the basis for these speed limit reductions. We have reviewed the City’s LRSP and have confirmed that the analysis conducted as part of the plan does not meet the MUTCD requirements for a Safety Corridor Network. 1 SANDAG is currently working to produce a collision dataset for the region, based on SWITRS data, that is cleaned and QA/QC’d. PSA23-2209TRAN Exhibit "A" (Cont.) DocuSign Envelope ID: A568ACD8-7614-47F1-8D81-8CBD808E7243 Miriam W. Jim, P.E., T.E June 6, 2023 Page 5 Rather than updating the entire LRSP that the City of Carlsbad has only recently completed, we will create a separate interim Safety Corridor network that will use the most recent five years of collision data (2018-2022) and that will be MUTCD compliant for this effort. The network will use collision weight factors that follow the CA MUTCD requirements and reflect no more than 20% of at-grade public roadways within City limits. We have recently developed a Safety Network Screening tool for the City of Long Beach, shown in practice at the right, that uses the “sliding window” methodology for aggregating and visualizing collision severity citywide. Since this methodology is consistent with the MUTCD recommendations for creating a Safety Corridor Network, the tool will give us the technical foundation for speed limit reductions in the City of Carlsbad. We will repurpose the tool for this effort to help us automate the process of developing an MUTCD-compliant Safety Corridor Network. We will deliver the final Safety Network as an interactive webmap layer, accessible to the city via a standard url link. Task 2.3. Speed Limit Reduction Scoring By overlaying the GIS data above, we will create a scoring method that identifies which corridors meet the most criteria for a speed limit reduction, according to the CA-MUTCD. The scoring will be applied to the 136 roadway segments provided by the City as Attachment A to the Request for Scope and Fee. Criteria that will be scored includes: -Located on a Safety Corridor -Proximity to Schools or other Bike/Ped Generator, as defined by the CAMUTCD -Within a Business Activity District, as defined by CAMUTCD2 -Observed Speed (via Wejo) vs. Posted Speed meets CAMUTCD criteria for rounding down -Posted speed above a certain threshold, if applicable o For example, we assume that speed limit reductions will be most applicable / of interest to the city on roadways posted at or above 25mph We will deliver the results of this scoring exercise as an interactive webmap layer, accessible to the city via a standard url link. Task 2.4. Memorandum and Methodology Summary We will document the process for the previous tasks in a Methodology Memorandum, which will include: 2 Based on the list of requirements in the CAMUTCD and CVC Section 22358.9, for which 3 of 4 must be met, we assume this definition will apply to many areas within the Carlsbad Village Area (such as State Street, which meets requirements 4, 5, and 7 of CVC 22358.9).. PSA23-2209TRAN Exhibit "A" (Cont.) DocuSign Envelope ID: A568ACD8-7614-47F1-8D81-8CBD808E7243 Miriam W. Jim, P.E., T.E June 6, 2023 Page 6 -Documentation of the methodology for the final Safety Corridor network and speed limit reduction scoring -Final scoring for each of the 136 segments -Maximum potential speed limit reduction, based on preliminary assumptions for 85th percentile speed -A suite of supplemental traffic calming treatments, based on land use or other factors, to complement/support and boost efficacy of recommended changes in speed limits From there, we assume the City will collect data on high-ranking corridors to confirm whether the speed limit reductions should be implemented. Assumptions •City will collect all speed survey data and confirm eligibility for speed limit reductions and determine which ones they would like to move forward with •The results and recommendations will be developed in direct coordination with the city. Because there are clear technical state guidelines that the analysis 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) on the development of the findings. We are happy to adjust accordingly if the city wishes to include TMC coordination in the approach. Deliverables •Compiled GIS data, to include applicable data from the SMP Implementation Webmap in Table 1 and updated collision data •MUTCD-compliant Safety Corridor Network, via an interactive webmap link •Speed Limit Reduction corridor scores, via an interactive webmap link •Methodology Memorandum, to include preliminary speed limit and traffic calming recommendations Fee and Schedule Fehr & Peers will complete this scope of work for a not-to-exceed amount of $60,000, 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 evaluation and memorandum will be completed within a 3 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. PSA23-2209TRAN Exhibit "A" (Cont.) DocuSign Envelope ID: A568ACD8-7614-47F1-8D81-8CBD808E7243 Miriam W. Jim, P.E., T.E June 6, 2023 Page 7 We appreciate the opportunity to work with you on this project. Please call Kendra Rowley at (619) 758-3008 if you have any questions on this proposal. Sincerely, FEHR & PEERS Sohrab Rashid Principal Kendra Rowley Project Manager SD-P23-1165 Our mission is to empower every employee to develop effective and innovative transportation solutions that improve communities PSA23-2209TRAN Exhibit "A" (Cont.) DocuSign Envelope ID: A568ACD8-7614-47F1-8D81-8CBD808E7243 ~) f,tJ, ;UI '' ~44:/?J Fee Proposal for Carlsbad Speed Reductions Fehr & Peers Sohrab Erin Ferguson Kendra Rowley Angelica Rocha Emily Turner Admin PIC Technical Advisor PM Deputy PM GIS Analyst Admin Labor Hours Direct Costs Total Tasks $300 $320 $225 $180 $185 $150 Task 1 - Project Management 1.1 Kickoff 2 2 2 2 0 1 9 $110 $2,310 1.2 Bi-Weekly Meetings 2 5 5 10 0 1 23 $264 $5,539 1.3 Stakeholder Meetings 4 4 6 12 0 2 28 $2,019 $8,309 1.4 Project Administration 1 0 4 0 0 4 9 $90 $1,890 Task 2 - Citywide Screening: Identifying Candidate Corridors 2.1 Initial GIS Mapping 0 1 4 4 16 1 26 $253 $5,303 2.2 Collision Analysis: Safety Corridor Development 2 4 12 20 45 4 87 $855 $17,960 2.3 Speed Limit Reduction Scoring 2 2 4 8 24 3 43 $424 $8,894 2.4 Memorandum and Methodology Summary 2 2 8 16 16 3 47 $467 $9,797 Total for all Tasks 15 20 45 72 101 19 272 $4,480 $60,000 Notes: This fee proposal is valid for a period of 90 days from the proposal submittal date. Actual billing rate at the time of service may vary depending on the final staffing plan at the time the project starts; the overall fee will not be exceeded. Mileage is billed at the IRS rate plus 10% handling fee All other direct and subconsultant expenses are billed with 10% handling fee Other direct costs include computer, communications, and reproduction charges are billed as a percentage of labor Rates and staff are subject to change at any time, without notice, and within the total budget shown 1 PSA23-2209TRAN Exhibit "A" (Cont.) DocuSign Envelope ID: A568ACD8-7614-47F1-8D81-8CBD808E7243 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: A568ACD8-7614-47F1-8D81-8CBD808E7243 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: A568ACD8-7614-47F1-8D81-8CBD808E7243 ~ 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: A568ACD8-7614-47F1-8D81-8CBD808E7243 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: A568ACD8-7614-47F1-8D81-8CBD808E7243 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: A568ACD8-7614-47F1-8D81-8CBD808E7243 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: A568ACD8-7614-47F1-8D81-8CBD808E7243 ?