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COUNTY OF SAN MATEO, CALIFORNIA
PARKS AND RECREATION DEPARTMENT
PARKS MAINTENANCE DIVISION
REQUEST FOR PROPOSAL
FOR
Integrated Adaptive Canada Goose Management Plan
Project Implementation
PROPOSAL DUE: March 20, 2025 by 2:00 pm
by email to [email protected]
Questions about this RFP may be addressed to
Frank Fanara, Parks Maintenance Manager
(650) 286-3553
[email protected]
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CITY OF FOSTER CITY
REQUEST FOR PROPOSAL
Integrated Adaptive Canada Goose Management Plan
Project Implementation
1. PURPOSE
The City of Foster City invites proposals from qualified contractors to implement the recently developed Integrated Adaptive Canada Goose Management Plan (hereinafter referred to as the “Plan”). This Plan provides a comprehensive strategy for mitigating conflicts caused by Canada Geese (CAGO) in City parks and public spaces while ensuring compliance with environmental and regulatory requirements, including CEQA.
2. BACKGROUND
Foster City’s 24 parks, which encompass over 160 acres of recreational spaces, have faced increasing challenges from resident Canada Geese populations. These challenges include property damage, public health concerns, and conflicts with recreational use. The Canada Goose Management Plan was developed by Wildlife Innovations, Inc. to provide strategies for addressing these issues, including habitat modifications, non-lethal deterrence measures, and education campaigns.
3. SCOPE OF WORK
The selected contractor will be responsible for executing the strategies outlined in the Canada Goose Management Plan, with a focus on humane, non-lethal management methods. The scope of work for the Plan Implementation will include:
Assessment and Planning: Conducting a detailed assessment of Canada goose populations, behaviors, and impacts within City parks and open spaces, and developing a site-specific management plan.
Implementation of Management Techniques: Recommending and deploying evidence- based deterrent methods, such as habitat modification, exclusion techniques, and aversion conditioning, as well as egg-addling or other population control measures in compliance with federal and state regulations.
Monitoring and Reporting: Establishing benchmarks for success, monitoring progress, and providing regular reports to the City on outcomes and adjustments to strategies. Community Engagement and Education: Conducting outreach to inform the public about the program’s goals, methods, and expected outcomes.
The contractor will carry out tasks identified in Phase III of the Plan, which include public outreach, habitat modification, aversive conditioning, surveillance of CAGO, data logging, and achieving identified measures of success. 3 0
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Conflict Mitigation Methods for Priority Parks
Pilot implementation will concentrate efforts on the three high-priority parks—Marlin Park, Gull Park, and Erckenbrack—as identified in the Plan, utilizing methods proposed and vetted through the CEQA process during Phases II and III by the CAGO Conflict Mitigation Team (CCMT).
Summary of the Canada Goose Management Techniques for Foster City, CA.
Technique Description
Remote Controlled Devise (RCD)
Land-based and/or amphibious remote-controlled devices
(brightly colored device that resembles a canid predator), aerial drones, and/or remote-controlled boats will be used to haze CAGO. If necessary, a speaker, capable of
playing sounds that can make geese feel more uneasy
(e.g., predator calls), will be used with such devices to increase effect.
Boat Operation for Surveillance and Hazing of CAGO
A small electric boat can be used to be used to conduct surveillance of and haze CAGO in the lagoon where
vehicle or shoreline access are not possible from land.
Boats will allow personnel to get closer to CAGO to deploy other hazing methods or devices as needed. Boat
operations are intended to increase hazing effectiveness and will typically be used in combination with another
technique during the day or night. If a gasoline powered boat would require permission from the Department of Public Works.
Noise Makers
Dynamic noise making devices/speakers with capability of playing natural predator sounds, CAGO distress calls, or other irritating sounds, when triggered may be placed on the front of a boat, on a drone or other RCD, or placed in a fixed position within the parks and operated remotely.
Trained Conservation Dogs
Trained dogs or a dog team will be used to haze CAGO
from within the parks. Trained handlers will direct the dogs to pursue gaggles and/or individuals of CAGO until all
birds take flight and leave the area.
Dogs must be trained and capable of performing
their techniques both on land and in the water.
Dogs must be able to enter the water when
commanded by the handler.
Vendor will determine the number of dogs
needed, with a minimum of one dog per park,
based on the size of the area and the number of
geese to be controlled.
Vendor must have trained dog handlers and dogs,
along with necessary support staff and equipment
to meet the service requirements.
Lasers (hand-held) Lasers (green) will be used to flush foraging, roosting, and nesting geese from treatment areas.
Lighting Localized LED lighting, such as a fox light, will be placed in CAGO nesting areas that are on public land. Lights will be 3 0
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Technique Description
placed in fixed positions to deter CAGO from nesting or roosting.
Balloons
Balloons (e.g., Scare Eyes) would be secured and
mounted to deter CAGO from nesting or roosting in areas.
Balloons would be anchored down.
Fogger
A backpack-style mobile mist blower would be used to
emit grape-seed extract (EcoBird 4.0, EPA#: 86583-4)
into the air up-wind from CAGO that are observed loafing, resting, or foraging within parks.
Optional Servies
Addling or Oiling of Eggs Eggs within CAGO nests would be addled, by vigorously shaking them, coating with 100% corn oil, or removed
completely to prevent CAGO eggs from hatching.
Conduct egg addling operations at Bair Island and
within Foster City limits to control local Canada
Goose populations.
Identify active nests during nesting season and
apply approved egg addling techniques to prevent
hatching.
Ensure compliance with all regulatory
requirements, including obtaining permits under
the Migratory Bird Treaty Act (MBTA).
Coordinate with local agencies and stakeholders,
as needed, to carry out this activity effectively and
humanely.
Ensure compliance with the mitigation measures
identified in the Mitigation Monitoring and
Reporting Program (MMRP) for the Plan.
Task Description
Monitoring and Metrics:
Develop measurable metrics to track the success of
implementation, such as:
Reduction in goose populations at key locations.
Decrease in property damage or complaints related
to geese.
Improvement in environmental health metrics, such
as water quality.
Use GPS or other tracking tools to map goose activity and assess deterrent effectiveness.
Submit detailed reports at regular intervals, including data analysis, photographs, and recommendations for adapting strategies.
Regulatory Compliance
Ensure all activities are aligned with local, state, and federal regulations, including compliance with the Migratory Bird Treaty Act (MBTA) and CEQA requirements.
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Technique Description
Secure any necessary permits for activities such as hazing, habitat modifications, or chemical repellents.
Public Outreach and Education
Collaborate with City staff to develop public education materials, including signage, flyers, and social media content, to explain the Plan’s goals and methods.
Host or participate in community workshops or events to raise awareness about the Plan and foster public support as needed upon request.
Address community/Cit Council concerns or misconceptions about the strategies being implemented
Adaptive Management
Use monitoring data to refine strategies and adapt methods based on effectiveness.
Collaborate with City staff to identify new challenges or opportunities during the contract term.
Propose additional measures if unexpected issues arise or initial strategies are less effective than anticipated
Cost Management and Resource Allocation
Optimize resource allocation to ensure cost-effective
implementation of all strategies.
Provide detailed budget tracking and ensure expenditure remains within the approved contract amount.
4. CONTRACT TERM
Term. The initial term of the Agreement shall be from, from April 14, 2025 to December 31, 2025. The Agreement may be renewed at the sole discretion of the City Manager subsequently in two, one-year (12 months), increments as follows:
The first optional extension term will run from January 1, 2026, through December 31, 2026
The second optional extension term will run from January 1, 2027, through December 31, 2027
Term Extensions. The contract term may be extended at the CITY’s sole option, at the discretion of the Parks and Recreation Director, for up to two (2) one-year (12 months) increments. Within six (6) months of the expiration of the current term of the agreement, but not less than two (2) months before the expiration, CITY may exercise its option to extend the term, should an option remain, by notifying the Contractor in writing. All unit prices shall be increased by 2% in Year 2 and by 2% in Year 3 if the City exercises its rights to extend.
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Compensation for services shall be based on the unit price provided Pricing Schedule within the Proposal Response Form. Contractor shall submit monthly billing statements.
5. PROPOSAL REQUIREMENTS
Proposals must include the following:
A. Company Background and Qualifications
oDescription of the company, relevant experience in wildlife or goose management, and similar completed projects.
B. Proposed Approach
oDetailed plan for implementing the Canada Goose Management Plan, including timelines, methodologies, and tools.
C. Key Personnel
oResumes and qualifications of individuals assigned to the project.
D. Cost Proposal
oA detailed cost estimate, including labor, equipment, materials, and any additional fees.
E. References
oContact information for at least three (3) clients for whom similar services have been provided.
F. Additional Information
oAny recommendations for enhancing the implementation of the Plan
6. GENERAL SPECIFICATIONS
The Contractor shall comply with all general specifications/standards described herein.
a. The Contractor shall be required to enter into an agreement with the City, a draft of which is included as an attachment to this Request for Proposal. Any exceptions to the agreement should be identified in the proposal.
b. The price given by the Contractor for Integrated Adaptive Canada Goose Management Plan Implementation shall be inclusive of all staff, labor, materials, and equipment necessary to perform the services as described herein. 3 0
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c. Contractor shall take every precaution to safeguard and protect public and private property during performance of this contract. Any damage caused by Contractor’s personnel or equipment shall be the sole responsibility of the Contractor to promptly repair and/or replace in equal or better condition at no additional cost to the City.
d. The Contractor shall be fully responsible for any and all damage to City property, private property, equipment, or other property resulting from the Contractor’s operations under this Contract. This shall include, but not limited to, the repair and/or replacement, at Contractor’s expense, of any irrigation system components, objects, shrubs, trees, vines, turf, groundcover or other landscape items that are lost or damaged due to contractor’s negligence. Repairs shall be made using components matching those that were damaged.
e. The Contractor shall NOT perform any work on non-City maintained areas or private property without direction from the City Representative. The Contractor shall NOT perform work for adjacent homeowners; all inquiries to this effect shall be forwarded to the Parks Manager.
f. The Contractor shall be responsible, during all phases of the work, to provide for public safety and convenience by use of traffic cones, signs, lighted barricades, lights, and flaggers as described and specified in the State of California, Department of Transportation MANUAL OF TRAFFIC CONTROLS - For Construction and Maintenance Work Zones, 2014 Edition. (Section 360, California Vehicle Code, defines highways to include streets.) The provisions of this manual will become a part of the requirements of the contract. g. Service operations shall be conducted in such a manner as to cause as little inconvenience as possible to the abutting property owners or motoring public.
Convenient access to driveways, houses, and buildings along the line of work shall be maintained unless otherwise approved by the City in advance. Contractor shall request and obtain approval from City before any lane closures are implemented. h. All work shall be performed in such a manner as to provide maximum safety to the public and where applicable, comply with all safety standards required by CAL- OSHA. The Parks and Recreation Director reserves the right to issue restraining or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this Contract. i. The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from Contractor’s operations. Any hazardous condition noted by the Contractor, which is not the result of his/her operations, shall be immediately reported to the Parks Maintenance Manager.
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j. The Contractor shall at all times in performing the services in the scope of work, comply with the Initial Study/ Mitigated Negative Declaration, including the mitigation measures identified in the Mitigation Monitoring and Reporting Program (MMRP) for the Plan.
Attachments:
1. Proposal Response Form
2. Draft Agreement for Services
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Attachment 1
Proposal Response Form
Fill out the form completely and submit by the due date.
Incomplete or late responses will not be considered.
SECTION 1: Contact Information
Business Name: ________________________________________________________________________ Contact Name:__________________________________________________________________________ Address:_______________________________________________________________________________ Phone #:_______________________________________________________________________________ Email:_________________________________________________________________________________ SECTION 2: Addenda
I acknowledge receipt of the following addenda:
Addenda Number Date
SECTION 3: Applicable Licenses and Certifications
Section 4: Contract
Please list exceptions to any of the terms of the agreement, including required insurance coverage.
SECTION 5: Submittal Instructions
Proposals are due by email to [email protected] no later than March 20, 2025. There is no formal bid-opening. Proposers are responsible to ensure that submittals have been successfully transmitted and received.
By signing below, I attest that the information contained in this proposal is true and correct.
SIGNATURE OF CONTRACTOR AUTHORIZED TO SIGN AGREEMENTS DATE
PRINT NAME AND TITLE
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PRICING SCHEDULE
Service Description Unit Quantity
(Estimated)
Unit Cost
($)
Total Cost ($)
Conduct site assessments
tailored to each park’s
conditions (Marlin, Gull,
Erckenbrack)
Per park
assessment as
needed per the
Integrated
Adaptive
Management
Plan
3 parks
Evaluate park-specific
challenges (e.g., proximity to
water, nesting habits)
Per evaluation As needed
Hazing and Deterrent
Techniques
Unit Quantity
(Estimated)
Unit Cost
($)
Total Cost ($)
Use of trained dogs to chase
geese (includes handlers and
equipment)
Per visit Twice daily (5
days/week)
Remote-controlled devices (e.g.,
drones) to deter geese activity
Per visit As needed
(specify)
Aversive conditioning (e.g., laser
pointers, sound deterrents)
Per session TBD based on
activity
Fogging using backpack style
mobile mist blower emitting
grape seed
Monitoring and Metrics Unit Quantity
(Estimated)
Unit Cost
($)
Total Cost ($)
Track success using GPS tools
and measurable metrics (e.g.,
population reduction, water
quality improvement)
Submit detailed reports
(including data analysis and
recommendations)
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Regulatory Compliance Unit Quantity
(Estimated)
Unit Cost
($)
Total Cost ($)
Secure permits for chemical
repellents as needed.
Adaptive Management
and Maintenance
Unit Quantity
(Estimated)
Unit Cost
($)
Total Cost ($)
Refine strategies based on
monitoring data and ongoing
challenges
Optional Services
Descriptions
Unit Quantity
(Estimated)
Unit Cost
($)
Total Cost ($)
Secure required permits to begin
egg addling on Bair Island (Don
Edwards San Francisco Bay
National Wildlife Refuge)
Conduct egg addling operations
during nesting season and keep
accurate records of total nests
and eggs addled
Public Outreach and
Education
Unit Quantity
(Estimated)
Unit Cost
($)
Total Cost ($)
Develop public education
materials (e.g., signage, flyers,
social media content)
Host or participate in community
workshops or events as needed.
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Attachment 2
PROFESSIONAL SERVICES AGREEMENT
FOR
INTEGRATED ADAPTIVE CANADA GOOSE MANAGEMENT PLAN
IMPLEMENTATION
This Agreement is made and entered into as of the _____ day of ____________, 20___ by and between the City of Foster City hereinafter called "CITY" and ____________________ hereinafter called "CONSULTANT".
RECITALS
This Agreement is entered into with reference to the following facts and circumstances:
WHEREAS, CITY desires to engage CONSULTANT to provide professional services in the CITY;
WHEREAS, CONSULTANT is qualified to provide such services to the CITY and; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereby agree as follows:
TERMS AND CONDITIONS
1. Services. The services to be performed by CONSULTANT under this Agreement shall include those services set forth in Exhibit A, which is, by this reference, incorporated herein and made a part hereof as though it were fully set forth herein.
Performance of the work specified in said Exhibit A is hereby made an obligation of CONSULTANT under this Agreement, subject to any changes that may be made subsequently hereto upon the mutual written agreement of the said parties.
Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in Exhibit A.
2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon completion of performance of services hereunder by CONSULTANT. (b) Notwithstanding the provisions of (a) above, CITY may with or without cause, direct CONSULTANT to suspend, delay or interrupt Services, in whole or in part, 3 0
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for such periods of time as CITY may determine in its sole discretion. (c) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should CONSULTANT commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of CITY’s written notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to CITY for all loss, cost, expense, damage and liability resulting from such breach and termination. (d) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case CONSULTANT shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense. CONSULTANT shall continue its work throughout the course of any dispute, and CONSULTANT’s failure to continue work during a dispute shall be a material breach of this Agreement.
1. Compensation; Expenses; Payment. CITY shall compensate CONSULTANT for all services performed by CONSULTANT hereunder in an amount based upon CONSULTANT’s hourly rates during the time of the performance of said services. A copy of CONSULTANT’s hourly rates for which services hereunder shall be performed are set forth in CONSULTANT’s fee schedule marked Exhibit “B” hereof, attached hereto and by this reference incorporated herein.
Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum _____________________ ($________________). Invoices for amounts in excess of _____________________ ($________________) shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.
Compensation and reimbursement of costs and expenses hereunder shall be payable upon monthly billing therefor by CONSULTANT to CITY, which billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed. Final payment will be made when all Services required under this Agreement have been completed to the reasonable satisfaction of CITY including, without limitation, CONSULTANT's transmittal of all deliverables to CITY required by EXHIBIT A.
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CITY shall not incur any charges under this Agreement, nor shall any payments become due to CONSULTANT for any payment period on the Project, until CITY receives all deliverables required under Exhibit A, SCOPE OF WORK AND SCHEDULE, for the payment period (if any) and reasonably accepts such deliverables as meeting the requirements of this Agreement. In cases where CONSULTANT has partially completed one or more deliverables due during a payment period, and if CONSULTANT demonstrates diligent progress thereon, then CITY may make a partial progress payment based upon percentage completion of the partially completed deliverables and diligent progress but taking into account any adverse impacts upon CITY. CITY shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Services performed before this Agreement's execution.
4. Additional Services. In the event CITY desires the performance of additional services not otherwise included within the services described in Exhibit A, such services shall be authorized in advance of the performance thereof by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) by motion duly made and carried. Such amendment to this Agreement shall include a description of the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefor, the time of performance thereof, and such other matters as the parties deem appropriate for the accomplishment of such services. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.
5. Records. CONSULTANT shall keep and maintain accurate records of all time expended and costs and expenses incurred relating to services to be performed by CONSULTANT hereunder. Said records shall be available to CITY for review and copying during regular business hours at CONSULTANT’s place of business or as otherwise agreed upon by the parties.
6. Authorization. This Agreement becomes effective when endorsed by both parties in the space provided below.
7. Reliance on Professional Skill of CONSULTANT. CONSULTANT represents that it has the necessary professional skills to perform the services required and the CITY shall rely on such skills of the CONSULTANT to do and perform the work. In performing services hereunder CONSULTANT shall adhere to the standards generally prevailing for the performance of expert consulting services similar to those to be performed by CONSULTANT hereunder.
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CONSULTANT represents that it has reviewed Exhibit A and that in its professional judgment the Services to be performed under this Agreement can be performed for a fee within the maximum amount set forth in the Compensation Schedule established in Exhibit A and within the times specified for each individual Project.
CONSULTANT represents that it possesses all necessary training, licenses and permits to perform the Services and that its performance of the Services will conform to the standards of practice of a professional having experience and expertise in performing professional services of like nature and complexity of the Services working on similar, successfully completed projects.
The granting of any progress payment by CITY, or the receipt thereof by CONSULTANT, or any inspection, review, approval or oral statement by any representative of CITY or any other governmental entity, shall in no way waive or limit the obligations in this Paragraph 7 or lessen the liability of CONSULTANT for unsatisfactory Services, including but not limited to cases where the defective or below standard Services may not have been apparent or detected at the time of such payment, inspection, review or approval.
8. Documents. All documents, plans, drawings, renderings, and other papers, or copies thereof, as finally rendered, prepared by CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation and delivery to CITY, become the property of CITY.
9. Relationship of Parties. CONSULTANT is an independent Contractor and does not act as City’s agent in any capacity, whatsoever. CONSULTANT is not entitled to any benefits that CITY provides to CITY employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within this Agreement regarding direction apply to and concern the result of the CONSULTANT’s provision of Services, not the means, methods, or scheduling of the CONSULTANT’s work. CONSULTANT shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement.
CONSULTANT shall pay all payroll taxes imposed by any governmental entity and shall pay all other taxes not specifically identified in this Agreement as CITY’s responsibility.
10. Schedule. CONSULTANT shall adhere to the schedule set forth in Exhibit A; provided, that CITY shall grant reasonable extensions of time for the performance of such services occasioned by governmental reviews of 3 0
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CONSULTANT’s work product or other unavoidable delays; provided, further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, CONSULTANT’s officers or employees.
CONSULTANT acknowledges the importance to CITY of CITY’s Project schedule and agrees to put forth its best professional efforts to perform its services under this Agreement in a manner consistent with that schedule.
11. Indemnity. To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless CITY, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of CONSULTANT or its Subconsultants), cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, at law or equity, which may be brought against, or suffered or sustained by, City of Foster City, its Council, boards, commissions, officers, employees, directors, volunteers or agents that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of CONSULTANT, any Subconsultant, anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs.
The duty of CONSULTANT to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein contained shall be construed to require CONSULTANT to indemnify City of Foster City, its Council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code.
CONSULTANT’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law.
The defense and indemnification obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained within this Agreement.
If CONSULTANT is a “design professional,” as defined in California Civil Code Section 2782.8(c), CONSULTANT shall indemnify, defend, and hold the Indemnitees harmless against Liability only to the extent such Liability 3 0
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arises out of, pertains to, or relates to CONSULTANT’s negligence, recklessness, or willful misconduct. In such an event, the cost to defend charged to CONSULTANT shall not exceed CONSULTANT’s proportionate percentage of fault.
12. Insurance. Prior to execution of this Agreement, CONSULTANT shall furnish to CITY Certificates of Insurance showing satisfactory proof that it maintains the insurance required by this Contract as set forth in EXHIBIT C, Insurance, which are attached and made a part of this Agreement.
CONSULTANT shall maintain all required insurance throughout the term of this Agreement and as otherwise provided in EXHIBIT C. In the event CONSULTANT fails to maintain any required insurance, and notwithstanding Paragraph 3 above, CITY may (but is not obligated to) purchase such insurance and deduct or retain premium amounts from any sums due CONSULTANT under this Agreement (or CONSULTANT shall promptly reimburse CITY for such expense).
CONSULTANT shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following completion of this project or service. In the event CONSULTANT fails to obtain or maintain completed operations coverage as required by this Agreement, the CITY at its sole discretion may purchase the coverage required and the cost will be paid by CONSULTANT.
13. WORKERS' COMPENSATION. CONSULTANT certifies that he is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and CONSULTANT certifies that he will comply with such provisions before commencing the performance of the work of this agreement.
14. NON-DISCRIMINATION. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following:
employment, advancement, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT shall at all times be in compliance with the requirements of the Federal Americans With Disabilities Act (Public Law 101-336) which prohibits discrimination on the basis of disability by public entities. The CONSULTANT agrees to post in conspicuous places available to 3 0
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employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.
15. Notice. All notices required by this Agreement shall be given to the CITY and CONSULTANT in writing, by first class mail, postage prepaid, addressed as follows:
CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Frank Fanara
CONSULTANT: ____________________________
(Fill in CONSULTANT Name, Address, Phone
Number, Project Manager and Email Address
for CONSULTANT)
16. Non-Assignment. This Agreement is not assignable either in whole or in part.
17. Amendments. This Agreement may be amended or modified only by written agreement signed by both parties.
18. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
19. Governing Law. This Agreement shall be deemed to have been executed in the County of San Mateo, California. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rules. Any suit or action initiated by either party shall be brought in the County of San Mateo, California unless the parties agree otherwise in a written amendment to this Agreement. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.
20. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs.
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21. Conflict of Interest. CONSULTANT represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitation, CONSULTANT represents to and agrees with CITY that CONSULTANT has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing CITY services hereunder, including but not limited to, any interest (financial, share ownership, shared management, shared directors, or reporting responsibilities) CONSULTANT may presently have, or will have in the future, with respect to any other person or entity (including but not limited to potential suppliers, vendors, consultants, contractors, or regulatory agency) which may have an interest in the subject matter of the Services.
22. Liability of CITY.
Except as provided in Exhibit A, Services to be Provided by CONSULTANT and Exhibit C, Insurance, CITY's obligations under this Agreement shall be limited to the payment of the compensation provided for in Paragraphs 1, 3, and 4 of this Agreement,
Notwithstanding any other provision of this Agreement, in no event shall CITY be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, lost profits or revenue, arising out of or in connection with this Agreement, the Services, or the Project.
CITY shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by CONSULTANT, or by any of its employees, even though such equipment be furnished, rented or loaned to CONSULTANT by CITY. The acceptance or use of such equipment by CONSULTANT or any of its employees shall be construed to mean that CONSULTANT accepts full responsibility for and shall exonerate, indemnify, defend and save harmless CITY from and against any and all claims for any damage or injury of any type, including attorneys' fees, arising from the use, misuse or failure of such equipment, whether such damage be to the CONSULTANT, its employees, CITY employees or third parties, or to property belonging to any of the above.
Nothing in this Agreement shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which CITY or CONSULTANT may have under this Agreement or any applicable law. All rights and remedies of CITY or CONSULTANT, whether under this Agreement or other applicable law, shall be cumulative.
23. Waiver of Default. Waiver of any default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or 3 0
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breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided below.
24. Force Majeure. Except for defaults of subconsultants at any tier, CONSULTANT shall not be liable for any excess costs if the failure to perform the Agreement arises from causes beyond the control and without the fault or negligence of CONSULTANT, including without limitation failure to reasonably mitigate any adverse impacts (Force Majeure). Force Majeure events include the following:
Acts of God, fires, floods, earthquake, other natural disasters, epidemics and pandemics (other than COVID-19 or variants), abnormal weather conditions beyond the parameters otherwise set forth in this Article, nuclear accidents, strikes, lockouts, freight embargos, interruptions in service by a regulated utility, or governmental statutes or regulations enacted or imposed after the fact (together, “force majeure events”). [For consideration if applicable:] Any Force Majeure event with a duration in excess of [TBD by Owner—recommend not less than 30] days entitles either party to terminate this Agreement with written notice to the other party, without further penalty or compensation.
25. Entire Agreement. This Agreement, including Exhibits A, B, C, and D comprises the entire Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf.
CITY OF FOSTER CITY
Dated: _________________________________ Stacy Jimenez, Mayor
(for contracts $50,000 or more)
[REMOVE signature line if less than $50,000]
ATTEST:
Dated: ________________________________ Priscilla Schaus, City Clerk
APPROVED AS TO FORM
Dated:
Benjamin Stock, City Attorney
CONSULTANT
Dated:
Type Name & Title of CONSULTANT
Authorized to Sign
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EXHIBIT A
SERVICES TO BE PROVIDED, PAYMENTS, PROJECTS AND SCHEDULE, AND
DELIVERABLES FOR
Integrated Adaptive Canada Goose Management Plan Implementation [EITHER COMPLETE EXHIBIT A OR ATTACH A PROPOSAL/SCOPE OF WORK THAT CONTAINS ALL THE INFORMATION BELOW AND DELETE THE TEXT BELOW]
SERVICES TO BE PROVIDED
This is an Exhibit attached to, and made a part of and incorporated by reference to the Agreement dated Date of Agreement, by and between Consultant Name, hereinafter referred to as "CONSULTANT" and the City of Foster City, hereinafter referred to as "CITY" providing for professional services.
1.Description of the Project:
1.1 DESCRIPTION: Description of Project
2.Basic Services:
The CITY has developed a general scope of work as described below.
2.1 Task 1 – Description of Task 1
2.2 Task 2 – Description of Task 2
2.3 Task 3 – Description of Task 3
PAYMENTS
1. The maximum payment to CONSULTANT under this Agreement for the Project shall be:
Maximum Payment Amount
2. METHODS OF PAYMENT FOR CONSULTANT’S SERVICES AND EXPENSES:
List Methods of Payment
3. TIMES OF PAYMENTS.
List Times of Payments
PROJECTS AND SCHEDULE
List Project Schedule
DELIVERABLES
CONSULTANT’s deliverables under the Agreement are enunciated throughout the Professional Services Agreement and include but are not limited to the following:
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1. PROJECT DELIVERABLES
1.1DELIVERABLES: List of Deliverables
1.2OTHER:
2.CONSULTANT SERVICES. The deliverables considered part of CONSULTANT’s professional services are defined as, but are not limited to, the following deliverables:
2.1SERVICES: List of Services
END OF EXHIBIT A
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EXHIBIT B
FEE SCHEDULE
[Specify Consultant’s hourly rates for which services hereunder shall be performed] 3 0
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EXHIBIT C
INSURANCE FORMS
CONSULTANT shall provide, in addition to the Certificates of Insurance, original Endorsement affecting the coverages specified in herein on the attached form. No substitute form will be accepted.
This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated Date of Agreement, by and between Consultant Name, hereinafter referred to as "Consultant”, and the City of Foster City, hereinafter referred to as "City", providing for professional services.
1.Consultant's Duty to Show Proof of Insurance. Consultant, in order to protect City and its Council members, officials, agents, officers, and employees against all claims and liability for death, injury, loss and damage as a result of Consultant's acts, errors, or omissions in connection with the performance of Consultant's obligations, as required in this Agreement, shall secure and maintain insurance as described below. Consultant shall not perform any work under this Agreement until Consultant has obtained all insurance required under this section and the required certificates of insurance and all required endorsements have been filed with the City's authorized insurance representative, insurance Tracking Services Inc. (ITS). Receipt of evidence of insurance that does not comply with all applicable insurance requirements shall not constitute a waiver of the insurance requirements set forth herein. The required documents must be signed by the authorized representative of the insurance company shown on the certificate. Upon request, Consultant shall supply proof that such person is an authorized representative thereof, and is authorized to bind the named underwriter(s) and their company to the coverage, limits and termination provisions shown thereon, Consultant shall promptly deliver to ITS a certificate of insurance, and all required endorsements, with respect to each renewal policy, as necessary to demonstrate the maintenance of the required insurance coverage for the term specified herein. Such certificates and endorsements shall be delivered to ITS prior to the expiration date of any policy and bear a notation evidencing payment of the premium thereof if so requested. Consultant shall immediately pay any deductibles and self-insured retentions under all required insurance policies upon the submission of any claim by Consultant or City as an additional insured.
1.1 Insurance Requirements
Commercial General Liability Insurance
Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the City ), Products-Completed Operations Hazard, liability for slander, false arrest and invasion of privacy arising out of professional services rendered hereunder, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Consultant's performance of services under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Consultant shall maintain the Products-Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence and five million dollars ($5,000,000) aggregate.
*Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “City of Foster City, its Council members, officials, agents, officers, and employees”.
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[FOR THE FOLLOWING INSURANCE REQUIREMENTS, PLEASE CONSIDER IF EACH IS APPROPRIATE FOR THE SERVICE TO BE PROVIDED AND FOR THE CONSULTANT.
UNCHECK THE CHECKBOX FOR ANY INSURANCE REQUIREMENT THAT IS NOT APPLICABLE. PLEASE CONTACT THE CITY MANAGER’S OFFICE WITH ANY QUESTIONS.] ☒ Business Automobile Liability Insurance
Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non- owned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence.
☒ Workers' Compensation Insurance
Consultant shall submit written proof that Consultant is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code.
Consultant shall require any Subconsultants to provide workers' compensation for all of the Subconsultants' employees, unless the Subconsultants' employees are covered by the insurance afforded by Consultant. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, Consultant shall provide and/or require each Subconsultant to provide adequate insurance for the coverage of employees not otherwise covered. Consultant shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease. ☒ Professional Liability Insurance
Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than five million dollars ($5,000,000) per occurrence and five million dollars ($5,000,000) aggregate. ☒ Installation Floater
Installation Floater, covering the work performed under this Contract, against all risks of direct physical loss. The policy shall cover the Contractor’s labor, materials and equipment, including materials and equipment in transit or away from the project site, to be installed in the existing structure(s). The coverage shall be written for an amount equal to the initial contract amount plus the value of any subsequent change orders, subject to a deductible of not more than [$10,000] payable by Contractor.
☒ Cyber Liability Insurance
Cyber Liability Insurance, covering network risk and cyber liability (including coverage for unauthorized access, failure of security, breach of privacy perils, as well at notification costs and regulatory defense) in an amount of not less than $1,000,000. Such insurance shall be maintained in force at all times during the term of the Contract and for a period of two years thereafter for services completed during the term of the Contract.
1.2 Self-Insured Retention
Any self-insured retentions in excess of $100,000 must be declared on the Certificate of insurance or other documentation provided to City and must be approved by the City Risk Manager. 4875-0482-8268 v1
1.3 Claims-Made Basis Coverage
If any of the insurance coverages required under this Agreement is written on a claims-made basis, Consultant, at Consultant's option, shall either (i) maintain said coverage for at least five (5) years following the termination of this Agreement with coverage extending back to the effective date of this Agreement; (ii) purchase an extended reporting period of not less than five (5) years following the termination of this Agreement; or (iii) acquire a full prior acts provision on any renewal or replacement policy.
2.City as Additional Insured
On Consultant's Commercial General Liability and Automobile policies, the City, its Council members, officers, directors, agents, employees, and volunteers, shall be named as additional insured's, but only with respect to liability arising out of the activities of the named insured. Any endorsement shall be provided using one of the following three options: (i) on ISO form CG 20 10 1 1 85; or (ii) on ISO form CG 20 37 10 01 plus either ISO form CG 20 10 10 01 or CG 20 33 10 01; or (iii) on such other forms which provide coverage at least equal to or better than form CG 20 10 1 1 85.
3.Insurance terms and conditions:
3.1 Cancellation of Insurance
The above stated insurance coverages required to be maintained by Consultant shall be maintained until the completion of all of Consultant's obligations under this Agreement except as otherwise indicated herein. Each insurance policy supplied by Consultant shall not be suspended, voided, cancelled or reduced in coverage or in limits except after ten (10) days written notice by Consultant in the case of non-payment of premiums, or thirty (30) days written notice in all other cases. This notice requirement does not waive the insurance requirements stated herein.
Consultant shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, non-renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.
3.2 All insurance shall be issued by a company or companies admitted to do business in California and listed in the current "Best's Key Rating Guide" publication with a minimum rating of A-; VII Any exception to these requirements must be approved by the City Risk Manager.
3.3 If Consultant is, or becomes during the term of this Agreement, self-insured or a member of a self-insurance pool, Consultant shall provide coverage equivalent to the insurance coverages and endorsements required above. The City will not accept such coverage unless the City determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by Consultant is equivalent to the above-required coverages.
3.4 For any claims related to the Agreement, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City , its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
3.5 Insurance coverages in the minimum amounts set forth herein shall not be construed to relieve Consultant for any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude
4875-0482-8268 v1
the City from taking such other actions as are available to it under any other provision of this Agreement or otherwise in law.
3.6 Failure by Consultant to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by Consultant. City, at its sole option, may terminate this Agreement and obtain damages from Consultant resulting from said breach.
Alternatively, City may purchase such required insurance coverage, and without further notice to Consultant, City shall deduct from sums due to Consultant any premiums and associated costs advanced or paid by City for such insurance. If the balance of monies obligated to Consultant pursuant to this Agreement are insufficient to reimburse City for the premiums and any associated costs, Consultant agrees to reimburse City for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by City to take this alternative action shall not relieve Consultant of its obligation to obtain and maintain the insurance coverages required by this Agreement.
3.7 Should any of the required insurance (other than errors and omissions insurance) be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defenses costs be included in such general aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limit specified above.
3.8 City may (but is under no obligation to) secure project-specific insurance, wrap-up insurance, or administer an owner controlled insurance program ("OCIP"), in which case Consultant and its subconsultants shall communicate this fact to their insurance carriers and request that the risk of this project be excluded from their practice policies. Consultant's fees under this Agreement (and the fee of its subconsultants under subconsultant agreements) shall be reduced by the amount of insurance premiums that may be avoided by Consultant and its subconsultants by virtue of the City's obtaining the project-specific insurance, wrap-up insurance or administering an OCIP, and the exclusion of this project from coverage of Consultant's and subconsultants policies. Construction Manager and its subconsultants shall afford City access to their books and records and cooperate with City in verifying the amount of savings realized.
ATTACHED
1. Insurance Coverage Form
4875-0482-8268 v1
EXHIBIT C
This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:
Named Insured: Effective Work Date(s):
Description of Work/Locations/Vehicles:
ADDITIONAL INSURED: City of Foster City (CITY)
610 Foster City Boulevard, Foster City, CA 94404
Attention: _________________________________
Contract Administrator
Endorsement and Certificates of Insurance Required
The Additional Insured, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (Check all that apply)
Insurer Policy
No.
General Liability: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, (c) premises owned, leased occupied or used by the Named Insured, and/or (d) permits issued for operations performed by the Named Insured. {Note: MEETS OR EXCEEDS ISO Form # CG 20 10 11 85}
Auto Liability: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the Additional Insured, its elected or appointed officers, officials, employees or volunteers.
Other: [Cyber Liability, Installation Floater, etc.]
Certificates of Insurance Required (no endorsement needed) (Check all that apply)
Insurer Policy
No.
Workers Compensation: work performed by employees of the Named Insured while those employees are engaged in work under the simultaneous directions and control of the Named Insured and the Additional Insured.
Professional Liability:
PRIMARY/NON-CONTRIBUTORY: This insurance is primary and is not additional to or contributing with any other insurance carried by or for the benefit of Additional Insureds.
SEVERABILITY OF INTEREST: The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the insurer’s limit of liability.
PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS: Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Additional Insured, its elected or appointed officers, officials, employees, or volunteers.
CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice (ten (10) days if canceled due to non-payment) by regular mail return receipt requested has been given to the Additional Insured. Such notice shall be addressed as shown above.
4875-0482-8268 v1
WAIVER OF SUBROGATION: The insurer(s) named above agree to waive all rights of subrogation against the CITY, its elected or appointed officers, officials, agents, volunteers and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the CITY.
Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated.
SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, ______________________________________________________________(print/type name), warrant that I have authority to bind the above-named insurance company and by my signature hereon do so bind this company. _____________________________________________________________ SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required) _____________________________________________________________ TITLE
_____________________________________________________________
ORGANIZATION
_____________________________________________________________
ADDRESS
_____________________________________________________________
TELEPHONE
_____________________________________________________________ DATE ISSUED :
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EXHIBIT D
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between ___________________ (“City”) and ____________________________ (“Consultant”) dated ___________________________.
1. Definitions
A. The 2019 novel coronavirus and the disease it causes are collectively referred to herein as “COVID-19”.
B. A “COVID-19 Condition” is something attributable to COVID-19 not caused by the Consultant (which for purposes herein includes all subconsultants) and beyond its reasonable control including but not limited to COVID-19 Proclamations and supply chain disruptions due to COVID-19, and other circumstances concerning COVID-19 not caused by the Consultant and which are beyond its reasonable control.
C. A “COVID-19 Proclamation” includes but is not limited to orders, directives and guidance concerning COVID-19 that have been issued, and which may be issued from time to time, by public agencies or regulatory bodies, the CDC or OSHA or Cal/OSHA, including without limitation the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards. Consultant acknowledges that those orders, directives and guidance may require the Project to shut down or otherwise increase the Consultant’s cost or time of performance by calling for things such as social distancing and the use of personal protective equipment. In the event of conflicting COVID-19 Proclamations, the Consultant shall follow the most applicable, restrictive and newest COVID-19 Proclamations.
D. An “Unknown COVID-19 Condition” is a COVID-19 Condition the Consultant did not know about, and reasonably should not have known about, as of the date the Consultant submitted its proposal. The requirements contained in COVID-19 Proclamations issued before submission of a proposal are not Unknown COVID-19 Conditions, and the Consultant will be deemed to have knowledge of those requirements.
E. An “Unknown COVID-19 Cost” is a cost that: (i) is solely attributable to an Unknown COVID-19 Condition; (ii) is reasonable and unavoidable under the circumstances; (iii) is not the result of the Consultant’s failure to comply with the contract documents or a COVID-19 Proclamation; and (iv) is not the result of a subconsultants failure to comply with a COVID-19 Proclamation in connection with the performance of the Services.
2. COVID-19 Conditions and Proposal. Consultant is expected to know and is deemed to have known about COVID-19 Conditions when it submits its proposal, and COVID-19 Conditions must be accounted for in the Consultant’s price and schedule. In order to be 4875-0482-8268 v1
entitled to any relief from a COVID-19 Condition, the Consultant must demonstrate that the issue, cost or delay is due to an Unknown COVID-19 Condition.
3. Compliance with COVID-19 Proclamations.
A. Consultant shall comply with COVID-19 Proclamations in the performance of the Services, irrespective of when the COVID-19 Proclamations are issued, and as they pertains to performance of the Services. The cost of such compliance is non- compensable, except as otherwise expressly stated herein.
B. Consultant is responsible to ensure that its subconsultants and suppliers comply with COVID-19 Proclamations at all times in connection with the performance of their Services.
4. Delay. The Consultant is entitled to a reasonable time extension for an Unknown COVID-19 Condition. Such time extension is non-compensable.
5. City Directed Suspension. The City may suspend Services due to COVID-19 health concerns, even though the Consultant may be allowed to proceed with the Services based on COVID-19 Proclamations. The City may suspend the Services for its convenience. The Consultant is entitled to a time extension for a City Directed Suspension, and the contract amount will be equitably adjusted if and to the extent Consultant incurs increased costs that are Unknown COVID-19 Costs.
6. Compensation for COVID-19 Costs. City will reimburse the Consultant for Unknown COVID-19 Costs that are not included in the schedule of values.
7. Safe Work Practices. Consultant shall implement safe work practices recommended by CDC or OSHA or Cal/OSHA, which may include, inter alia, screening all employees, subconsultants, or others (“worker(s)”) at all locations where Services are performed for signs and symptoms of COVID-19; adopting staggered work schedules, e.g., providing alternating workdays or extra shifts, to reduce the total number of employees on a site at any given time and to ensure physical distancing; identifying choke points where workers are forced to stand together, such as hallways and elevators, ingress and egress points, break areas, and buses, and implement policies to maintain social distancing; coordinating deliveries in line with the employer's minimal contact and cleaning protocols; and instituting a rigorous housekeeping program to reduce dust levels at all exterior locations. Consultant remains fully responsible for following and complying with changes to recommended safe work practices from time to time.
8. Monitoring and Reporting. City may require the Consultant to actively monitor the health of its workers through temperature checks and questionnaires of major COVID-19 symptoms, including but not limited to cough, fever above 100.4 degrees Fahrenheit and shortness of breath. Consultant shall immediately report to City any outbreaks of COVID- 19 among its workers. The Consultant shall not knowingly allow any worker who has tested positive with COVID-19 to enter a City building. In the event of an outbreak or an 4875-0482-8268 v1
exposure to COVID-19, the City may impose appropriate mitigation strategies which may be in consultation with the public health officer.
9. Conflicts. In the event of an inconsistency between this COVID-19 Amendment and the Agreement, this Addendum shall control.
IN WITNESS WHEREOF, the City and Consultant have executed this Covid-19 Amendment as of the date set forth above.
CONSULTANT: CITY:
________________________ ____________________________
Signature Signature
________________________ ______________________________ Print Name & Title Print Name & Title