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HomeMy WebLinkAboutPW Engineering and Traffic Surveys ServicesAGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SAN RAFAEL AND WHITLOCK & WEINBERGER TRANSPORTATION, INC. dba W-TRANS FOR ENGINEERING AND TRAFFIC SURVEYS SERVICES This Agreement is made and entered into as of Aug 9, 2023 (the "Effective Date"), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation (hereinafter "CITY"), and WHITLOCK & WEINBERGER TRANSPORTATION, INC. dba W- TRANS, a California corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement." RECITALS A. CITY desires to secure professional services more fully described in this Agreement, at Exhibit A, entitled "SCOPE OF SERVICES"; and B. CONSULTANT represents that it, and its subcontractors, if any, have the professional qualifications, expertise, and necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of CITY; and C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for. NOW, THEREFORE, the parties hereby agree as follows: AGREEMENT SERVICES TO BE PROVIDED. Except as otherwise may be expressly specified in this Agreement, CONSULTANT shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise (collectively referred to as "Services") to satisfactorily complete the work required by CITY at its sole risk and expense. Services to be provided to CITY are more fully described in Exhibit A entitled "SCOPE OF SERVICES." CONSULTANT acknowledges that the execution of this Agreement by CITY is predicated upon representations made by CONSULTANT in that certain proposal, dated March 21, 2023 ("Proposal") set forth in Exhibit A, which constitutes the basis for this Agreement. 2. COMPENSATION. In consideration for CONSULTANT's complete performance of Services, CITY shall pay CONSULTANT for all materials provided and services rendered by CONSULTANT at the unit Rev 08 22 rates and rates per hour for labor, as set forth in Exhibit A, for a total amount not to exceed $67,200. CONSULTANT will bill City on a monthly basis for Services provided by CONSULTANT during the preceding month, subject to verification by CITY. CITY will pay CONSULTANT within thirty (30) days of City's receipt of invoice. TERM OF AGREEMENT. Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the Effective Date of this Agreement and terminate one (1) year from the Effective Date. 4. PROJECT COORDINATION. A. CITY'S Project Manager. Nhat Phan, Traffic Engineer, is hereby designated the PROJECT MANAGER for the CITY and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONSULTANT'S Project Director. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Dalene Whitlock is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONSULTANT shall notify the CITY within ten (10) business days of the substitution. 5. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONSULTANT and any and all of CONSULTANT's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. vos22 2 6. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONSULTANT in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 7. INSPECTION AND AUDIT. Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONSULTANT in connection with its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY or its agent in any such audit or inspection. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 9. INSURANCE REQUIREMENTS. During the term of this Agreement, and for any time period set forth in Exhibit B, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in Exhibit B. 10. INDEMNIFICATION. A. Except as otherwise provided in subparagraph B of this section, CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONSULTANT'S performance of its obligations or conduct of its operations under this Agreement. The CONSULTANT's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONSULTANT's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONSULTANT's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONSULTANT's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT'S performance of or operations under this Agreement, v 08.22 CONSULTANT shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. B. Where the services to be provided by CONSULTANT under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil Code sections 2782, 2782.6 and 2782.8, CONSULTANT shall indemnify and hold harmless the CITY and its officers, officials, and employees (collectively City Indemnitees) from and against damages, liabilities or costs (including incidental damages, Court costs, reasonable attorney's fees as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in connection therewith and costs of investigation) to the extent they are caused by the negligence, recklessness, or willful misconduct of CONSULTANT, or any subconsultants, or subcontractor or anyone directly or indirectly employed by them, or anyone for whom they are legally liable (collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct of such City Indemnitee. C. 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 in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 11. NONDISCRIMINATION. CONSULTANT shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 12. COMPLIANCE WITH ALL LAWS. CONSULTANT shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONSULTANT shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONSULTANT shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 13. NO THIRD PARTY BENEFICIARIES. CITY and CONSULTANT do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 08.22 4 14. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: To CITY's Project Manager: Nhat Phan/ Traffic Engineer 11 i Morphew Street San Rafael, CA 94901 15. INDEPENDENT CONTRACTOR. To CONSULTANT's Project Director: Dalene Whitlock 490 Mendocino Ave, Suite 201 Santa Rosa, CA 95401 For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONSULTANT and CITY expressly intend and agree that the status of CONSULTANT, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 16. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONSULTANT and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONSULTANT and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 17. SET-OFF AGAINST DEBTS. CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT under this Agreement, any monies which CONSULTANT owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 18. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant ofthis Agreement or any applicable law, ordinance or regulation. 19. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 20. CITY BUSINESS LICENSE / OTHER TAXES. CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code, and CONSULTANT shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONSULTANT has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 21. SURVIVAL OF TERMS. Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled and shall apply to both Parties' respective successors and assigns. 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 23. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed by electronic signature and in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one document. Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission. v 08.22 [Signatures are on the following page.] IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL: .Tohn S-tofanski for CRISTINE ALILOVICH, City Manager APPROVED AS TO FORM: Office of the City Attorney R, . By: GENEVIEVE COYLE, Assistant City Attorney ATTEST: City Clerk e•<„ . r"' I :DJ la'. 3 PDT LINDSAY LARA, City Clerk v 08 22 8 CONSULTANT: n ra�K; #- By: W-Trans Name: Dalene Whitlock Title: Vice-President/Senior Principal [If CONSULTANT is a corporation, add signature of second corporate officer] By: W-Trans Name: Corinne Rasmussen Title: Secretary EXHIBIT A SCOPE OF SERVICES The Services to be performed for CITY by CONSULTANT under this Agreement are more fully described in CONSULTANT's proposal, which is attached to this Exhibit A. A-1 rzr� March 21, 2023'k,(WmTranS Exhibit A Mr. Rafat Raie City of San Rafael 111 Morphew Street San Rafael, CA 94901 Proposal to Prepare Engineering & Traffic Surveys Dear Mr. Raie; W-Trans is pleased to provide this proposal to prepare new Engineering and Traffic Surveys (E&TS) for48 segments in the City of San Rafael that have expired or will do so soon. W-Trans prepared many of the prior surveys for these same segments and our staff has kept current on the State statutes applicable to determining radar -enforceable speed limits as well as understanding the requirements for collecting data and establishing speed limits as set forth in the California Manual on Uniform Traffic Control Devices (CA-MUTCD). Per Section 213.13 of the CA-MUTCD, an E&TS shall include, among other requirements deemed necessary by Caltrans, consideration of prevailing speeds, collision records, and conditions not readily apparent to the driver. The scope of services below is suggested to maintain radar -enforceable speed limits on these seven segments based on the requirements as set forth in the CA-MUTCD. Study Segments The 48 segments included in the proposed scope of work are indicated on the enclosed table. Tasks t . The Project Manager will drive the study segments prior to meeting with staff to discuss any changes in traffic patterns, road geometrics or other conditions which have taken place since the prior studies were completed and which might affect the new surveys, as well as any desires to modify segments from those previously established. Consideration will be given to any segments that might be reasonable to combine or separate. 2. After the meeting a final list of segments will be provided to City staff for review and concurrence. 3. Speeds will be sampled using radar during off-peak periods, avoiding the morning, noon, and evening traffic peaks. A minimum of 100 vehicles will be sampled for each segment using standard data -collection techniques provided this number of data points can be obtained in a two-hour period; regardless of the time needed, at least 50 data points will be obtained. 4. New 24-hour bi-directional machine counts will be obtained for all 48 segments. 5. The collision records will be reviewed to determine the number of collisions on each of the survey segments during the most recent two-year period available. 6. All the pertinent information will be entered in an Excel spreadsheet form. A two -page form that includes the information required per the guidelines in the CA-MUTCD and provides photographs of the study roadway will be used. 7. The survey data will be incorporated into a report that details the methodology, findings, and recommended speed limits for all 48 segments and provided to City staff for review. Any recommended changes from the existing speed limits will be discussed with City staff for insight that might affect the recommendation. The Project Manager will be available for a virtual meeting if desired at this stage. 490 Mendocino Avenue, Suite 201 Santa Rosa, CA 95401 707.542.9500 w-trans.com SANTA ROSA • OAKLAND Mr. Rafat Raie Page 2 March 21, 2023 8. The surveys and report will be updated to address staff comments and finalized. Two original copies of each Engineering & Traffic Survey will be provided in addition to copies in the report, both with the wet signature and seal of a Professional Traffic Engineer. Exclusions -The scope of services includes only those items that are specifically identified above. Any additional services, such as meetings or hearings, requests for further analysis, preparation of new Engineering and Traffic Surveys, or multiple rounds of comments, could be provided on a time and materials basis after receiving written authorization for the extra work. Schedule and Budget The draft report can be submitted for your comments within approximately eight to ten weeks following finalization of the list of study segments. Our services will be conducted on a time and materials basis at the rates indicated on the enclosed sheet. Monthly invoices will be provided electronically unless a hard copy via mail is requested. The estimated maximum fee for the seven extensions is $67,200, or $1,400 per segment. Please forward contract documents for signature if you wish to initiate work. This proposal will remain a firm offer for 90 days from the date of this letter. Thank you for giving us the opportunity to propose on these services. Sincerely, Dalene J. Witlock, PE, PTOE Senior Principal DJW/djw/SRA155.P1 Enclosures: List of Study Segments, 2023 Fee Schedule No. I Street I Segment 1 Second St Hayes St - Grand Ave. 2 Third St Grand Ave - Hayes St 3 Pt San Pedro Rd Main - Riviera 4 Pt San Pedro Rd Riviera - Biscayne 5 Pt San Pedro Rd Porto Bello - Marina Vista 6 Pt San Pedro Rd Bay - Bayview 7 Third St Embarcadero Way - Union St 8 Andersen Bellam - Sanitary Treatment Plant 9 Andersen Drive Francisco - Bellam 10 Andersen Francisco W. - Lindaro 11 B St Woodland Ave - 2nd St 12 Balboa Ave Pt San Pedro - Lochinvar 13 Civic Center Drive Ave. of the Flags - Freitas Parkway 14 D St 2nd St - Antonette 15 DuBois Irwin - Woodland 16 Fifth Ave. Grand - H St 17 Fifth Ave H St - west end 18 Fourth St H St - Lincoln Ave 19 Fourth St Marquard - Ross Valley 20 Francisco E Bellam - Grand 21 Francisco E Bellam - Irene 22 Francisco W Rice - 2nd 23 Francisco W 101 S -Rice 24 Grand Mission - Mountain View Ave. 25 Hetherton Mission - 2nd St 26 Irwin Street Mission - 2nd St 27 Kerner Blvd Irene - Bellam 28 Kerner Blvd Bellam - Canal St 29 Las Colindas Rd Las Ovejas Dr - Las Pavadas 30 Las Ovejas Dr Las Colindas - Montecillo Rd 31 Lincoln Ave. Linden Lane- Irwin St 32 Lindaro Woodland - 2nd 33 Los Gamos Rd Lucas Valley Rd - end 34 Manuel T. Freitas Parkway Montecillo Rd - Redwood Hwy 35 Mission Ave Lincoln Ave. - Embarcadero Way 36 Mission Lincoln Ave - H St 37 Montecillo Road Nova Albion -Las Ovejas 38 Mountain View Ave Grand Ave - east end 39 No. San Pedro Rd Los Ranchitos Rd - Golf Ave. 40 Northgate Drive Las Gallinas Ave - Los Ranchitos 41 Professional Center Redwood Hwy- Channing Way 42 Redwood Hwy Smith Ranch Rd - 4222 Redwood Hwy 43 Redwood Hwy MT Freitas - 4222 Freitas Parkway 44 Riviera Drive Pt San Pedro - Biscayne 45 Second St Marquard - Hayes 46 Smith Ranch Rd. Redwood - east end 47 Woodland Ave B - Dubois 48 Woodland Ave DuBois - Auburn -- - I � �W-Trans Fee Schedule 2023 Staff Billing Rates Position Billing Rate (per hour) Senior Principal $290 — $350 Principal $225 — $290 Senior Engineer/Planner $185 — $225 Engineer/Planner $170 — $190 Associate Engineer/Planner $150 — $170 Assistant Engineer/Planner $130 — $145 Technician/Administrative $115 — $140 Intern $30 — $80 Field Technician $30 — $75 2023 Expense Charges Item Charge Mileage $0.6875/mile* Services and Expenses 10% surcharge These rates are valid for work performed prior to December 31, 2023. Work performed after January 1, 2024, and any subsequent year may be billed at the revised rates established for that year. * Mileage charge will be based on the IRS Standard Mileage Rate (set at $0.625/mile effective July 1, 2022) plus 10 percent. 490 Mendocino Avenue, Suite 201 SANTA ROSA, CA 95401 707 542 9500 414 13" Street, 5" Floor OAKLAND, CA 94612 5 0.444 2600 w-trans.com EXHIBIT B INSURANCE REQUIREMENTS During the term of this Agreement, and for any time period set forth below, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in this Exhibit B. A. Scope of Coverage. During the term of this Agreement, CONSULTANT shall maintain, at no expense to CITY, the following insurance policies: 1. Commercial general liability. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. Automobile liability. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence. 3. Professional liability. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONSULTANT's performance of services under this Agreement. Where CONSULTANT is a professional not required to have a professional license, CITY reserves the right to require CONSULTANT to provide professional liability insurance pursuant to this section. 4. Workers' compensation. If it employs any person, CONSULTANT shall maintain workers' compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. CONSULTANT's workers' compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONSULTANT in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance or workers' compensation insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) under the policies. 2. The additional insured coverage under CONSULTANT's insurance policies shall be "primary and noncontributory" with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CONSULTANT'S policies shall be at least as broad as Rev 0822 B-1 ISO form CG20 01 04 13. 3. Except for professional liability insurance or workers' compensation insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Agreement, CONSULTANT hereby grants to CITY a waiver of any right to subrogation which any insurer of CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. 5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the Effective Date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the CONSULTANT under this Agreement. 9. CONSULTANT agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by CONSULTANT, provide the same minimum insurance coverage required of CONSULTANT, except as with respect to limits. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. CONSUTLANT agrees that upon request by CITY, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the performance of Services will be submitted to CITY for review. 10. CONSULTANT agrees to be responsible for ensuring that no contract used by any party involved in any way with the Services reserves the right to charge CITY or CONSULTANT for the cost of additional insurance coverage required by this Agreement. Any 08.22 B-2 such provisions are to be deleted with reference to CITY. It is not the intent of CITY to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against CITY for payment of premiums or other amounts with respect thereto. C. Deductibles and SIR's. Any deductibles or self -insured retentions in CONSULTANT's insurance policies must be declared to and approved by the CITY and shall not reduce the limits of liability. Policies containing any self -insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self -insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONSULTANT shall provide to the PROJECT MANAGER all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONSULTANT. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by the CITY. CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Nataly Torres (for Nhat Phan) Extension: 3353 Contractor Name: W-Trans Contractors Contact: Dalene Whitlock Contact's Email: dwhitlock@w-trans.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT a. Email PINS Introductory Notice to Contractor DATE Check/Initial 1 Project Manager Click here to ❑ enter a date. b. Email contract (in Word) and attachments to City 7/27/2023 Attorney c/o Laraine.Gittens@cityofsanrafael.org ©NT 2 City Attorney a. Review, revise, and comment on draft agreement 7/27/2023 and return to Project Manager 7/27/2023 ❑X NT b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor © NIT 3 Department Director Approval of final agreement form to send to 7/27/2023 ❑x AM contractor 4 Project Manager Forward three (3) originals of final agreement to 7/27/2023 150 contractor for their signature 5 Project Manager When necessary, contractor -signed agreement ❑X N/A agendized for City Council approval * *City Council approval required for Professional Services Lj Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to Date of City Council approval enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed agreement 8 City Attorney Review and approve insurance in PINS , and bonds (for Public Works Contracts) 9 City Manager / Mayor Agreement executed by City Council authorized _official Attest signatures, retains original agreement and 10 City Clerk forwards copies to Project Manager PSA - W-Trans -Engineering and Traffic Surveys Final Audit Report 2023-08-09 Created: 2023-07-27 By: Nataly Torres (nataly.tomes@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAUX_EZsiy-xPkUv6VbineXcPYokg1HX73 "PSA - W-Trans -Engineering and Traffic Surveys" History Document created by Nataly Torres (nataly.torres@cityofsanrafael.org) 2023-07-27 - 8:09:01 PM GMT L-74 Document emailed to Dalene Whitlock (dwhitlock@w-trans.com) for signature 2023-07-27 - 8:14:00 PM GMT Email viewed by Dalene Whitlock (dwhitlock@w-trans.com) 2023-07-27 - 8:45:25 PM GMT 60 Document e-signed by Dalene Whitlock (dwhitlock@w-trans.com) Signature Date: 2023-07-27 - 9:04:48 PM GMT - Time Source: server Document emailed to Corinne Rasmussen (crasmussen@w-trans.com) for signature 2023-07-27 - 9:04:50 PM GMT Email viewed by Corinne Rasmussen (crasmussen@w-trans.com) 2023-07-27 - 9:12:38 PM GMT 6© Document e-signed by Corinne Rasmussen (crasmussen@w-trans.com) Signature Date: 2023-07-27 - 9:12:56 PM GMT - Time Source: server P'y Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval 2023-07-27 - 9:12:58 PM GMT Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2023-07-27 - 9:25:50 PM GMT 6© Document approved by Laraine Gittens(laraine.gttens@cityofsanrafael.org) Approval Date: 2023-07-27 - 9:27:58 PM GMT - Time Source: server by SAN RAFAEL Adobe Acrobat Sign �. Document emailed to Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) for signature 2023-07-27 - 9:28:00 PM GMT Email viewed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) 2023-08-05 - 3:40:58 AM GMT b© Document e-signed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) Signature Date: 2023-08-05 - 3:41:56 AM GMT - Time Source: server y Document emailed to city.clerk@cityofsanrafael.org for approval 2023-08-05 - 3:41:58 AM GMT Email viewed by city.clerk@cityofsanrafael.org 2023-08-07 - 3:34:39 PM GMT b© Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi 2023-08-07 - 3:35:08 PM GMT b© Document approved by Brenna Nurmi(city.clerk@cityofsanrafael.org) Approval Date: 2023-08-07 - 3:35:10 PM GMT - Time Source: server Document emailed to cristine.alilovich@cityofsanrafael.org for signature 2023-08-07 - 3:35:12 PM GMT Nataly Torres (nataly.torres@cityofsanrafael.org) added alternate signer John.Stefanski@cityofsanrafael.org. The original signer cristine.alilovich@cityofsanrafael.org can still sign. 2023-08-09 - 6:55:03 PM GMT ► Document emailed to John.Stefanski@cityofsanrafael.org for signature 2023-08-09 - 6:55:03 PM GMT Email viewed by John.Stefanski@cityofsanrafael.org 2023-08-09 - 8:08:39 PM GMT d© Signer John.Stefanski@cityofsanrafael.org entered name at signing as John Stefanski for 2023-08-09 - 8:14:49 PM GMT b© Document e-signed by John Stefanski for (John.Stefanski@cityofsanrafael.org) Signature Date: 2023-08-09 - 8:14:52 PM GMT - Time Source: server c'► Document emailed to city.clerk@cityofsanrafael.org for signature 2023-08-09 - 8:14:54 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2023-08-09 - 8:23:25 PM GMT �� SAN RAFAEL I APowered dob byniE.—WITHA 5SCN Acrobat Sign 6© Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi (for) 2023-08-09 - 8:23:53 PM GMT 6o Document e-signed by Brenna Nurmi (for) (city.clerk@cityofsanrafael.org) Signature Date: 2023-08-09 - 8:23:55 PM GMT - Time Source: server Agreement completed. 2023-08-09 - 8:23:55 PM GMT Powemd Adobe by SAN RAFAEL Adobe Acrobat Sign