Bicycle and Pedestrian Master Plan Updated 1/18/2022 1
PROFESSIONAL SERVICES AGREEMENT
FOR PROFESSIONAL
TRANSPORTATION PLANNING AND ENGINEERING SERVICES
FOR
THE FOSTER CITY BICYCLE AND PEDESTRIAN MASTER PLAN (BPMP) This Agreement is made and entered into as of the 17 th day of March, 2025 by and between the City of Foster City hereinafter called "CITY" and Fehr and Peers 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 engineering 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, 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 Bicycle and Pedestrian Master Plan Updated 1/18/2022 2 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 one hundred thirty thousand dollars ($130,000). Invoices for amounts in excess of one hundred thirty thousand dollars ($130,000) 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.
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, Bicycle and Pedestrian Master Plan Updated 1/18/2022 3 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. Employee Wages; Records; Apprentices: Consultant shall pay prevailing wages to its employees on any agreement in excess of $1,000.00. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Agreement, as determined by the Director of the State of California Department of Industrial Relations, are on file at the County’s Capital Projects Office and may be obtained from the California Department of Industrial Relations website [http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm].
Consultant shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. Consultant and all subconsultants shall keep and maintain accurate employee payroll records for Work performed under the Agreement. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly. Consultant shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement. If the Agreement exceeds $2,000 and is funded with federal funds, then Consultant shall pay federal Davis Bacon wages and comply with applicable federal requirements.
5. 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, and with approval from CONSULTANT as evidenced by an amendment to this Agreement signed by both parties hereto. 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 Bicycle and Pedestrian Master Plan Updated 1/18/2022 4 modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.
6. 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.
7. Authorization. This Agreement becomes effective when endorsed by both parties in the space provided below.
8. 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 perform its services consistent with the degree of skill, care, and diligence ordinarily provided by professionals performing similar to those to be performed by CONSULTANT in the same or similar locale under the same or similar circumstances to that of CONSULTANT hereunder.
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 projects in the same or similar locale and under the same or similar circumstances to that of CONSULTANT under this Agreement.
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 Services that are not in accordance with this Agreement, including but not limited to cases where the defective or non- conforming Services may not have been apparent or detected at the time of such payment, inspection, review or approval.
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9. 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.
10. 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.
11. 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 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.
12. Indemnity. To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless CITY and Estero Municipal Improvement District, 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 or Estero Municipal Improvement District, 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 Bicycle and Pedestrian Master Plan Updated 1/18/2022 6 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 and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Sections 2782 and 2782.8 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.
13. 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.
14. 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 Bicycle and Pedestrian Master Plan Updated 1/18/2022 7 Code, and CONSULTANT certifies that he will comply with such provisions before commencing the performance of the work of this agreement.
15. 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 employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.
16. 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: Claire McWilliams
CONSULTANT: Fehr and Peers
345 California Street Suite 450
San Francisco, CA 94104
415-354-0300
Erin Ferguson, Principal
[email protected]
17. Non-Assignment. This Agreement is not assignable either in whole or in part.
18. Amendments. This Agreement may be amended or modified only by written agreement signed by both parties.
19. 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.
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20. 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.
21. 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.
22. 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.
23. 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 Bicycle and Pedestrian Master Plan Updated 1/18/2022 9 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.
24. 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 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.
25. 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”).
Any Force Majeure event with a duration in excess of not less than 30 days entitles either party to terminate this Agreement with written notice to the other party, without further penalty or compensation.
26. Entire Agreement. This Agreement, including Exhibits A, B, C, and D comprises the entire Agreement.
Bicycle and Pedestrian Master Plan Updated 1/18/2022 10 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
ATTEST:
Dated: ________________________________ Priscilla Schaus, City Clerk
APPROVED AS TO FORM
Dated:
Benjamin Stock, City Attorney
CONSULTANT
Dated:
Erin Ferguson, Principal
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EXHIBIT A
SERVICES TO BE PROVIDED, PAYMENTS, PROJECTS AND SCHEDULE, AND
DELIVERABLES FOR
THE FOSTER CITY BICYCLE AND PEDESTRIAN MASTER PLAN (BPMP)
SERVICES TO BE PROVIDED
This is an Exhibit attached to, and made a part of and incorporated by reference to the Agreement dated March 17, 2025, by and between Fehr and Peers, hereinafter referred to as "CONSULTANT" and the City of Foster City, hereinafter referred to as "CITY" providing for professional transportation planning and engineering services.
In response to a request for proposals from the City of Foster City from qualified consultants to provide professional transportation planning and engineering services to provide transportation planning, engineering, documentation, and support necessary efforts for the preparation and adoption of a new BPMP, consultant proposed services as described in this section, attached hereto and hereafter incorporated by reference.
The services will include the creation of a comprehensive Bicycle and Pedestrian Master Plan (BPMP) which will:
Present and detail the existing bicycle network;
Identify current gaps and future opportunities to improve pedestrian and bike ridership;
Provide connections between Foster City’s existing bicycle and pedestrian network;
Consider greater regional connections and future developments outside of the City;
Support and advance the City’s efforts toward creating safe routes to school and ensuring equitable access to planned or developed facilities and amenities throughout the City;
Provide recommendations for bicycle and pedestrian needs and facility recommendations;
Identify and prioritize potential projects to enhance the existing bicycle and pedestrian network;
Propose an implementation plan.
The project will be administered by the Foster City Public Works Department with assistance from other City departments. The consultant will provide leadership for the entire consultant team and work closely with City staff, the Traffic Review Committee (City’s Bicycle Pedestrian Advisory Committee), and the broader community to identify Bicycle and Pedestrian Master Plan Updated 1/18/2022 12 project needs and potential solutions. Consultant(s) shall attend coordination meetings and other special purpose meetings as delineated.
Consultant(s) will be responsible for facilitating community outreach in coordination with the City. While significant outreach was conducted for the previous 2018 studies, the City intends to build upon existing knowledge and conduct additional public outreach events for feedback through the project tasks.
The scope of services is arranged into seven (7) tasks:
1) Project Management and Work Plan
2) Existing Conditions, Data Collection, and Review
3) Public Outreach
4) Citywide Infrastructure Needs and Demands Assessment 5) Potential Goals and Policy Development
6) Recommendations and Implementation Strategy
7) Draft and Final Plan
SCOPE OF WORK BY TASK
The City will authorize, in writing, consultant(s)’ work on each task. The City may issue written authorization to proceed with a task prior to the completion of a preceding task.
Upon receipt of a written authorization to proceed, consultant(s) shall begin work on the designated task and diligently prosecute the work to completion.
Consultant and its sub-consultants, if any, shall separately track and report costs for each project and task.
The City may reject incomplete submittals or submittals which, in its sole judgement, were not subjected to an adequate quality control review.
I. TASK 1 – PROJECT MANAGEMENT AND WORK PLAN
A. Project Management and Controls
1. The consultant shall designate a Project Manager acceptable to the City.
The Project Manager will be responsible for the work including developing the work plan; implementing the project management procedures and controls; and maintaining effective communications among the sub- consultants, City, and other involved agencies and organizations for the duration of the project.
If Consultant wishes to propose a substitute at any time during the duration of the project, the City shall approve the consultant’s Project Manager.
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2. Within fifteen (15) calendar days after receipt of the Notice to Proceed, the consultant shall submit to the City a final work plan that shall include:
a) Description of the consultant's approach to performing the scope of services, including any constraints, specific strategies, or special considerations that apply. (This may be as outlined in the consultant's proposal).
b) The roles and responsibilities of the project team members, including sub-consultants.
c) A schedule that details project activities in an appropriate time frame consistent with the duration of this Agreement.
3. To support each invoice, the consultant shall furnish a project update that shall include the following:
a) A narrative progress report of specific accomplishments during the reporting period, problems encountered, or anticipated
accomplishments scheduled for the next reporting period.
b) A cost report for each specific consultant’s service that shows:
b.1. The current period and cumulative expenditures to date. b.2. The estimated date to complete each task.
4. The consultant shall be available for consultation with the City project manager at all reasonable times and shall immediately advise the project manager of requests, technical decisions, or problems that may materially affect a project’s scope, quality, schedule, or cost.
5. Other project management tasks include:
Organize and document monthly team meetings.
Creation of a shared Project directory (Sharepoint)
Deliverables:
Shared project directory
Monthly invoice submittals
Monthly team meetings
Agendas and meeting summaries for monthly team meetings
B. Preparation of Work Plan
The consultant shall develop a work plan and schedule that will establish a meeting and presentation schedule (team meetings, City Council, Traffic Review Committee (TRC) and public meetings for community participation), and establish communication channels with other departments, local and regional bicycle/pedestrian committees, and the general public.
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Deliverables:
Kick-Off Meeting
Detailed work plan and schedule encompassing the full scope of work, meeting and presentation schedule, engagement with City staff, the City’s TRC, local bicycle advocacy groups, and written comments.
II. TASK 2 – EXISTING CONDITIONS, DATA COLLECTION AND REVIEW The purpose of Task 2 is to establish the present conditions, challenges, and opportunities of Foster City’s existing bicycle and pedestrian network based on available data and studies.
The consultant will perform a detailed review of previous City studies and the General Plan, Housing Element and Climate Action Plan, in addition to other relevant City, local, and regional documents to prepare an Existing Conditions Report/Memorandum which analyzes and incorporates the following:
Relevant Documents
Foster City General Plan
2022 Housing Element Update
Citywide Transportation Plans and Studies
Foster City Bike Network Assessment
Safe Routes to School Study
Safety Element Update
Climate Action Plan
State and regional plans that may impact or influence Foster City such as Caltrans’ District 4 Bike Plan and MTC’s Active Transportation Corridors City and Regional Policy
The consultant will use a benchmarking tool to assess and identify areas for improvement with respect to policies and practices and those that impact a City’s ability to implement, maintain, and operate safe and high quality walking and biking infrastructure. The consultant will use the benchmarking tool as part of this task to identify policies that are beneficial and should be kept and those that are opportunities to revise or revisit.
Relevant Data
Existing Walking and Biking Network Data
The consultant will review the City’s inventory of implemented projects since the previous 2018 study to create an updated and accurate map of existing walking and biking network and facilities. The consultant team assumes the City is well covered with sidewalks, meaning there are limited locations where sidewalks are not present. For this task, the consultant team will perform one (1) field visit to collect missing data or confirm existing data is accurate. The consultant team will coordinate with the City to identify key locations within Bicycle and Pedestrian Master Plan Updated 1/18/2022 15 the City to perform a field visit for. A substantial data collection process would require additional scope and fee.
10-year History of Collision Data
The consultant will obtain the most recent 10-year collision data from SafeTREC’s Transportation Injury Mapping System (TIMS) and will review the data for collision patterns and trends to inform where there are opportunities to improve multimodal safety.
Safe Routes to School Data
The consultant will obtain and review the most recent Safe Routes to School data.
Traffic Volume and Speed Data
The consultant will assess the data readily available from the City and conduct additional traffic counts as needed. These inputs will be used for the citywide network analysis that will be conducted in Task 4.
The consultant will utilize this analysis and research to create an inventory of existing facilities and programs that demonstrate current challenges and opportunities for the City, supplemented by maps and graphics that demonstrate progress made since 2018 and challenge and opportunity areas within the City.
Deliverables:
Existing Conditions Report/Memorandum including existing conditions maps (PDF) with associated GIS layers and data
Attend TRC Meeting to present Existing Conditions Report/Memorandum and provide one (1) round of revisions based on recommendations from the TRC Transmittal letter identifying if the existing data is adequate for the planning process or if new data needs to be collected, with an outline of the types of data collection activities that are recommended, such as field audits Traffic counts for bicyclists and pedestrians (as needed based on available traffic data)
III. TASK 3 – PUBLIC OUTREACH
Public outreach will be an important component of the City’s BPMP. Outreach will aim to include the community throughout the plan development process, ensuring that the Final BPMP will be based on community priorities, opinions, and feedback.
This task includes various phases of outreach, beginning with the development of a Public Participation Plan to guide outreach throughout the BPMP’s development. The consultant will be expected to attend up to four Traffic Review Committee (TRC) meetings to review deliverables.
Outreach efforts in this task will focus on the ways residents use existing facilities, safety concerns, e-bikes and scooters, and work to identify major barriers to pedestrian and cyclist usage throughout the City. The consultant will Bicycle and Pedestrian Master Plan Updated 1/18/2022 16 reference and incorporate Foster City’s Safe Routes to School Study to advance its efforts in key areas throughout the City.
Outreach will be organized into the following phases:
Phase I: Needs and Concerns
The consultant will share with the community findings from Task 2, including a synthesis of previous comments or complaints City staff have received related to walking and biking. The consultant will seek to inform the public of what a BPMP is and why it is helpful to the City and solicit community input regarding to what extent the consultant is capturing the public’s needs and concerns.
Phase II: Draft Projects and Programs
The consultant will share with the public a summary of what they learned in Phase I outreach and show the public resulting draft projects and programs the consultant has identified to address the public’s needs and concerns. The consultant will seek public feedback on the specific draft projects and programs.
Phase III: Draft Plan
The consultant will share a summary of what they learned in Phase II and the resulting draft plan. The consultant will seek public input on the draft plan content. The final BPMP will be prepared after Phase III outreach such that the BPMP presented to City Council for adoption will already include revisions based on the final round of public input.
Prior to any public events in each phase, the consultant will meet with the TRC to review the deliverables that would be used to inform the outreach materials.
Each outreach phase will include a brief online survey.
Outreach opportunities are estimated to include an interactive map in Phases I and II and up to two pop-up events and one community workshop across all three phases.
To facilitate communication with the public throughout the BPMP’s development, the consultant will create a project website to post FAQs, upcoming engagement opportunities, online surveys, interactive maps, and any other materials for public review and comment.
Deliverables:
Public Participation Plan that summarizes the recommended community outreach activities to be performed
Attendance and presentation (as needed) at four (4) expected TRC meetings to receive feedback from committee members on major deliverables
Attend TRC meeting to present Public Participation Plan and provide one (1) round of revisions based on recommendations from the TRC Bicycle and Pedestrian Master Plan Updated 1/18/2022 17 Facilitation and materials for three outreach events, including summary of outreach event
Development of a Social Pinpoint site that will include one interactive online survey during Phase I, publishing draft data during Phase II, and publishing the draft plan as part of Phase III
Preparation of project engagement materials, including a project fact sheet, materials for in-person engagement events, and presentation decks for TRC meetings (as needed)
IV. TASK 4 – CITYWIDE INFRASTRUCTURE NEEDS AND DEMANDS
ASSESSMENT
The needs and demands assessment describes the barriers to pedestrian and bicyclist activity in Foster City through multiple levels of analysis.
This task includes the creation of a needs and demands summary memo to ensure the proposed system meets the needs of all ages and abilities and enables users to travel to high use centers. The consultant shall incorporate information from Task 2 to update the level of traffic stress analysis (LTS) for bicyclists and conduct a similar LTS analysis for pedestrians. The level of detail of the analysis will depend on the granularity of data provided in Task 2.
The Network Demand analysis will examine locations in the community that are major destinations or activity generators along with commuting profiles and include a traffic count for cyclists and pedestrians at key locations throughout the City.
The collision data and analysis from Task 2 will be overlayed on the network accessibility results to clearly identify where substantive safety improvements are needed in addition to access improvements.
The evaluation results will be used to identify connectivity gaps between neighborhoods, community facilities, high use centers, and trails or pathways around Foster City.
Additionally, the consultant will review the recently updated American with Disabilities Act (ADA) Transition Plan to understand the infrastructure barriers identified within the Transition Plan, as well as identify opportunities to prioritize improvements that serve accessibility and active mobility.
The analysis approach, results and findings will be summarized in a Needs and Demands Summary memo and shall include identification of additional opportunities to enhance the safety and accessibility of the network.
Deliverables:
Needs and Demands Assessment memo
Accompanying maps and GIS data/layers to show the analysis performed Bicycle and Pedestrian Master Plan Updated 1/18/2022 18
V. TASK 5 – POTENTIAL GOALS AND POLICY DEVELOPMENT
This task promotes the development of short- and long-range direction for bicycle and pedestrian routes and facility planning by reviewing existing plans and policies in relation to public feedback and current needs, demands, and stresses on the network.
The consultant will draft potential goals and policies for Council’s consideration that reflect the Consultant’s recommendations from the following:
Previous City transportation-related efforts and studies City and Regional Policy review as noted in Task 2
Safe Routes to School Study
Foster City Climate Action Plan
Foster City Complete Streets Policy
New state regulations such as AB 413 related to crosswalk daylighting and recent changes to the California Manual on Uniform Traffic Control Devices (CA MUTCD), particularly those related to speed limit setting and the ability for local agencies to post slower speed limits on streets where there is a demand for and/or infrastructure supporting walking and biking. The City may adopt a Local Roadway Safety Plan (LRSP) and accompanying vision zero goal. Should the City adopt the LRSP, goals related to traffic safety from Foster City’s LRSP will also be included. The consultant should consider areas to integrate e-bike and scooter usage into existing or new policies and goals using industry best practices related to walking, biking and complete street type policies as well as those related to e-bike and e-scooter use.
Input from City staff regarding existing policies that are supportive and beneficial to implementing improvements for walking and biking vs. those that are a hinderance or barrier.
Input and comments from the TRC and the general public, particularly items that are related to systemic or systematic issues more effectively addressed through policy or practice.
Ultimately, these potential goals and policies will guide the creation of a safe, connected, and comfortable transportation network for all users.
Deliverables
Draft goals and policies in a memorandum format
VI. TASK 6 – RECOMMENDATIONS AND IMPLEMENTATION STRATEGY A. Network Recommendations
The objective of this subtask is to establish Foster City's proposed bicycle and pedestrian network through recommended projects, policy changes, and programs, informed by previous phases.
Bicycle and Pedestrian Master Plan Updated 1/18/2022 19 This subtask involves the development of the new Citywide Bicycle and Pedestrian network, demonstrating additions since the 2018 Citywide Network Assessment Study and additional routes and linkages to complete the network, including identification of existing routes that should be revised based on current findings and needs.
Network Recommendations
The consultant will use the findings from prior tasks as well as input from the TRC and general public in Phases I and II engagement to develop a recommended walking and biking network. The network recommendations will identify where existing facilities need to be improved as well as new portions of the network where expanding the walking and/or biking infrastructure would help meet demand. The network recommendations will comply with the Foster City Complete Streets Policy, advance the Foster City Safe Routes to School Study, and identify opportunities to incorporate green infrastructure consistent with the City’s Green Infrastructure Plan. The new bicycle and pedestrian network will consider connections to local and regional bicycle and pedestrian networks.
Specific Policy Changes or New Policies
The consultant will use the findings from Task 2, Task 5, City staff input, TRC input and general public input to arrive at specific changes to existing policies and/or new policies to be incorporated into the final BPMP that will be recommended to the City Council.
Program Recommendations
The consultant will use findings from Task 2, Task 5, City staff input, TRC input and general public input to arrive at recommendations related to existing programs to continue vs. new ones to establish. These may be used when there are policies that do not naturally integrate into an existing funding stream or an existing work stream for City staff.
Deliverables:
Proposed bicycle and pedestrian network map with opportunities for new routes, facilities, etc. (PDF, GIS)
B. Implementation Plan and Prioritization
To better plan for bike and pedestrian improvements, this subtask prioritizes, develops planning-level cost estimates, and identifies potential funding sources and potential timeframes for the recommended projects.
This subtask involves the development of an implementation plan that includes details on responsible department, scheduling, and appropriate funding.
Project Prioritization
Bicycle and Pedestrian Master Plan Updated 1/18/2022 20 The consultant will work with the City project manager to identify prioritization criteria for the projects identified in Task 6A, aligning the chosen criteria with the BPMP goals as well as criteria commonly used in competitive grant funding. After establishing specific criteria, the consultant will score each project and create an index such that the recommended projects are ranked from highest to lowest priority.
Feasible Timeframe
Based on the above factors as well as complexity of a given project, the consultant will identify timeframes for each project using a five-year time span. This will include flagging important items for consideration such as where coordination with other agencies is needed (e.g., Caltrans ROW) or where there are likely to be utility impacts.
The outcome of this task will be an implementation memorandum that presents the information above and identifies the top 3 to 5 priority projects for Task 6C.
Potential Funding Sources
The consultant will compare the recommended project list with the City’s current 5-year CIP, planned roadway resurfacing projects, and proposed land use projects to identify where there may be opportunities to integrate recommended projects. This will help clarify which of the high impact projects the City can immediately accomplish. For projects that do not overlap with an ongoing effort, the consultant will work with the City to identify potential grant funding sources or other means of funding the improvements. Based on the information available, a financial plan should be developed, including identification of high impact, low-cost projects that the City can immediately accomplish.
Deliverables:
Proposed project prioritization methodology, with one round of City staff review
Table with project list including feasibility timeline and potential funding sources
C. Priority Project Feasibility
Priority Project Concepts
Based on the prioritization in the previous subtask and resulting priority projects, the consultant will perform a feasibility analysis on up to five projects. For selected bicycle and pedestrian priority projects, the consultant will draft preliminary designs to help facilitate and guide future CIPs.
Bicycle and Pedestrian Master Plan Updated 1/18/2022 21 The feasibility analysis will include a field visit to confirm existing conditions and visually inspect the likelihood of utility conflicts, right-of-way constraints or other similar considerations. The consultant will review any readily available additional information the City has specific to the location.
This task does not include field survey.
The preliminary designs will be done in CAD, to-scale, and overlaid on an aerial. The consultant will include notes on the plan view to clarify information, one typical cross-section for each project, project description, where further analysis is needed, and a rough order of magnitude cost.
Planning-Level Cost Estimates
The consultant will develop planning-level costs (including per unit cost assumptions for specific treatments) for the five (5) Priority Projects. The per unit cost assumptions can be used to help support the City with developing costs for other projects beyond the five (5) priority projects, but the purpose of this task is to support the City in developing grant ready projects.
Deliverables:
Detailed recommended bicycle and pedestrian project sheets for up to five (5) priority projects
Planning level cost estimates for five (5) priority projects, including per unit cost assumptions for treatments
Attend TRC meeting and present draft goals and policies and priority projects and one (1) round of revision based on recommendations from the TRC
VII. TASK 7 – DRAFT AND FINAL PLAN
This task will assemble information from the above tasks into a Draft Citywide BPMP for review and comment by staff. Once in draft form, the BPMP will be presented to the public as part of Phase III engagement (including the opportunity for online comment), TRC (via in-person meeting), and City Council (via in-person meeting). Following comments and feedback received, the consultant will prepare a final version of the BPMP and present the final Plan to City Council for proposed adoption.
Deliverables:
Draft BPMP Document, maps, GIS data, etc.
Up to three draft revisions (Staff, TRC/Public, Council) Draft presentation to public via online document review/commenting portal Materials and presentation at up to two (2) City Council Meetings (in-person) Final Report/Plan
Bicycle and Pedestrian Master Plan Updated 1/18/2022 22
SCHEDULE OF SERVICES
Consultant shall complete all Basic Services Tasks 1-7, as described in Exhibit A, by end of December 2025.
The schedule for the project overall or any phase(s) may be adjusted upon mutual agreement of the City and the Consultant to meet changing project needs.
Bicycle and Pedestrian Master Plan Updated 1/18/2022 23
END OF EXHIBIT A
S chedule for C ity of Foster C ity Bicycle and Pedestrian Master Plan Tasks4/74/144/214/285/55/125/195/266/26/96/166/236/307/77/147/217/288/48/118/188/259/19/89/159/229/2910/610/1310/2010/2711/311/1011/1711/2412/112/812/1512/2212/30 Task 1. Project Management & Work Plan1A. Project Management & ControlsCCCCCCCCC 1B. Preparation of Work PlanW Task 2. Existing Conditions, Data Collection & Review2A. Existing Conditions, Data Collection, & ReviewM Task 3. Public Outreach3A. Public Participation PlanP 3B. Phase I, Phase II, Phase III ActivitiesTTTT 3C. Project WebsiteTask 4. Citywide Infrastructure Needs & Demands Assessment4A. Citywide Infrastructure Needs & Demands AssessmentM Task 5. Goals & Policy Development5A. Goals & Policy DevelopmentM Task 6. Recommendations & Implementation Strategy6A. Network RecommendationsM 6B. Implementation Plan & PrioritizationM 6C. Priority Project FeasibilityM Task 7. Draft & Final Plan7A. Draft Plan & Related PresentationsDDP 7B. Final Plan & City Council AdoptionA LegendAssumptions Consultant Activity
City Staff Review
Memorandum M Draft PlanD Final PlanF Traffic Review Committee MeetingT Public Engagement ActivitiesMonthly Team CallsC Work PlanW Public Participation PlanP City Council AdoptionA City Council Draft Plan PresentationDP NovemberO ctoberDecember 2025
City Council will receive a presentation on the draft plan at their October 20th meeting and adopt the final at their November 17th meeting.
Per CEQA, the public review period for the Draft Plan needs to be 30-days. Suggest prior engagement phases also extend approximately 30 days to allow time for the public to be informed of the engagement opportunity and engage online or at the in-person event.
Interim memorandums will not be revised based on City staff comments. Comments will be addressed as part of producing engaement materials and/or content for the Draft Plan.
City staff are able to review draft deliverables in one week and return a single set of consolidated, non-conflicting comments.
AprilMayJ uneJ ulyAugustSeptember
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EXHIBIT B
FEE SCHEDULE
The compensation to be paid in exchange for the completion of the scope of work identified in Exhibit A shall not exceed $130,000 to be paid on a time and materials basis.
END OF EXHIBIT B
Bicycle and Pedestrian Master Plan Updated 1/18/2022 25
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 March 17, 2025, by and between Fehr and Peers, 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 four million dollars ($4,000,000) 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”.
Bicycle and Pedestrian Master Plan Updated 1/18/20221
☒ 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 one million dollars ($1,000,000) 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.
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.
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.
Bicycle and Pedestrian Master Plan Updated 1/18/20222
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 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
Bicycle and Pedestrian Master Plan Updated 1/18/20223
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.
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.
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SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required) ORGANIZATION: TITLE:
ADDRESS:
TELEPHONE: ( ) DATE ISSUED:
Bicycle and Pedestrian Master Plan Updated 1/18/20225
EXHIBIT D
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between The City of Foster City (“City”) and Fehr and Peers (“Consultant”) dated March 17, 2025.
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 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 Bicycle and Pedestrian Master Plan Updated 1/18/20226
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 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.
[Signatures on Next Page]
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IN WITNESS WHEREOF, the City and Consultant have executed this Covid-19 Amendment as of the date set forth above.
CONSULTANT: CITY:
________________________ ____________________________
Signature Signature
________________________ ______________________________ Erin Ferguson, Principal Stacy Jimenez, Mayor