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HomeMy WebLinkAboutPW Third Street Additional Design ServicesAGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SAN RAFAEL AND KIMLEY-HORN AND ASSOCIATES, INC. FOR THIRD STREET ADDITIONAL DESIGN SERVICES This Agreement is made and entered into as of 05/09/2024 (the "Effective Date"), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation (hereinafter "CITY"), and KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina 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 February 22, 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 rates and rates per hour for labor, as set forth in Exhibit A, for a total amount not to exceed Rev 08.22 $60,000. 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 March 1, 2023 and terminate on March 1, 2025. 4. PROJECT COORDINATION. A. CITY'S Project Manager. Theo Sanchez 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. Kevin Aguigui 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. v 08 22 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. 8. 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 REOUIREMENTS. 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, 08.22 3 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: Theo Sanchez I I I Morphew Street San Rafael, CA 94901 15. INDEPENDENT CONTRACTOR. To CONSULTANT's Project Director: Kevin Aguigui 1300 Clay Street Suite 325 Oakland, CA 94612 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, 08.22 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 of this Agreement or any applicable law, ordinance or regulation. 19. COSTS AND ATTORNFY'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 � 08 22 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL: CRISTINE ALILOVICH, City anager APPROVED AS TO FORM: Office of the City Attorney 9- C-7A By: GENEVIEVE COYLE, Assistant City Attorney ATTEST: City Clerk ZI N SA A , ity C er c 08.22 8 CONSULTANT: r KwasAeZbi M. j5. 2D2A I.0 M-1 By: Kimley-Horn Name: Kwasi Akwabi Title: Vice President [If CONSULTANT is a corporation, add signature of second corporate officer] keyin ,�AGIIALt! K—n Agwgq , lM' n. 102M 12.15 PDT) By: Kimley-Horn Name: Kevin Aguigui Title: Vice President 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. Rev. 08.22 A-1 Exhibit Kimley>>> Horn February 22, 2023 (by email) Philip Buckley, P.E. Senior Civil Engineer City of San Rafael Public Works 111 Morphew St, San Rafael, CA 94901 Pliilip.Buckley@cityofsanrafael.org RE: Additional Design Services Dear Philip: As requested, attached is our scope and fee to provide additional design services for the city as part of 3`d Street improvements. We understand that there are several 3rd Street improvement projects, and thus we have assumed that our design services would include coordination with those projects. If you have any questions, please do not hesitate to call me at (510) 350-0217 (office), (510) 393- 6232 (cell) or via email at kevin.aguigui@kimley-horn.com. I look forward to continuing to work with you and the City on this important project. Sincerely, KIMLEY--HORN AND ASSOCIATES, INC. Kevin G. Aguigui, P.E. Senior Project Manager/Vice President Kimlep Horn Project Understanding There are 3rd Street improvements that the City has a need for additional design support services by Kimley-Horn. The Scope of Work below outlines the additional services that are needed. Scope of Work Task 1: Design Modifications at 3rd Street and Grand Avenue Kimley-Horn will modify the current design at the 3rd and Grand intersection including the bulbout in the SW corner and the necessary traffic signal, crosswalk alignment and curb ramp design modifications as a result of the bulbout design modifications. The design intent for the bulbout modifications is to reduce (trim) the size of the bulbout to provide a wider opening for the southbound receiving lane. A preliminary design will be prepared and submitted to the City for review. Kimley-Horn will meet with the City to discuss the revised design, and based on that meeting, design modifications will be incorporated into the draft detailed design. Kimley-Horn will prepare any revisions to the technical specifications as necessary and a construction cost estimate. The final deliverable will be a revised design package for the contractor to provide a bid. Kimley-Horn will attend up to two (2) meetings with the City and/or City's Construction Manager as part of this task. Deliverables: • Meeting notes • Draft Preliminary Design • Draft Detailed Design • Final Detailed Design (for Contractor bid) Task 2: Grand Avenue Re -Striping Kimley-Horn will prepare design drawings for the modification to the current lane striping and necessary related signing on the south leg of Grand Avenue between 2nd and 3'd Streets. The designs will assume that the existing raised median on this leg of Grand Avenue will be removed (by others). The design modifications and lane configurations (lengths and widths) will be based on the City's redlined markups on the conceptual layouts (email dated 1/5/2023). As necessary, Kimley-Horn will propose any modifications to redlined markups as the detailed designs are completed. Kimley-Horn will prepare design revisions to include a second dedicated northbound left -turn lane at 3rd/Grand which will also require lane re -striping on the southbound approach at Kimley»)Horn 2nd/Grand The existing northbound left -through lane will be converted to a dedicated left -turn lane. A preliminary design will be prepared and submitted to the City for review. Kimley-Horn will meet with the City to discuss the revised design, and based on that meeting, design modifications will be incorporated into the draft detailed design. Kimley-Horn will coordinate the lane re -striping design with the Grand Avenue Cycle Track design. Kimley-Horn will prepare any revisions to the technical specifications as necessary and a construction cost estimate. The final deliverable will be a revised design package for the contractor to provide a bid. Kimley-Horn will attend up to one (1) meeting with the City and/or City's Construction Manager as part of this task. Deliverables: • Meeting notes • Draft Preliminary Design • Draft Detailed Design • Final Detailed Design (for Contractor bid) Task 3: Walgreens Parking Lot Modifications Kimley-Horn will prepare designs for the additional modifications at the Walgreens parking lot. This includes light pole modifications, sidewalk modifications and additional pavement reconstruction on 3`d Street adjacent to the driveway. Kimley-Horn will prepare the detailed designs and incorporate them into the Walgreens parking lot design drawings. Additionally, Kimley-Horn will incorporate design changes to the sidewalk and pavement area into the 3rd Street improvements and note them accordingly as design modifications, i.e., design changes will be clouded and noted as changes. A preliminary design will be prepared and submitted to the City for review. Kimley-Horn will meet with the City to discuss the revised design, and based on that meeting, design modifications will be incorporated into the draft detailed design. Kimley-Horn will prepare any revisions to the technical specifications as necessary and a construction cost estimate. The final deliverable will be a revised design package for the contractor to provide a bid. Kimley-Horn will attend up to two (2) meetings with the City and/or City's Construction Manager as part of this task. Deliverables: • Meeting notes 21Pa-ie Kimley»)Horn • Draft Preliminary Design • Draft Detailed Design • Final Detailed Design (for Contractor bid) Schedule Kimley-Horn will provide services as requested by the City upon receipt of a notice to proceed (NTP). Fee Kimley-Horn will provide the additional construction support services on a time and materials basis subject to a not -to -exceed fee of $60,000, which includes all administrative fees and direct expenses. Direct expenses include outside reproduction, overnight delivery services, and plotter printouts. 31a3ge Kimley>>)Horn Rate Schedule Rates valid through 6/30/2024 CategoryStaff Admin Support $100 - $130 Sr. Admin Support $110 - $140 Project Support $110 - $140 Sr. Project Support $140 - $160 CADD Technician $115 - $140 Sr. CADD Technician $130 - $160 Technical Support $115 - $135 Sr. Technical Support $130 - $165 Analyst 1 $125 - $140 Analyst II $130 - $150 Analyst III $140 - $160 Engineer/Planner 1 $150 - $170 Engineer/Planner II $160 - $185 Engineer/Planner III $170 - $195 Engineer/Planner IV $180 - $220 Engineer/Planner V $210 - $240 Sr. Engineer/Sr. Planner 1 $230 - $260 Sr. Engineer/Sr. Planner 11 $250 - $280 Sr. Engineer/Sr. Planner III $270 - $300 Sr. Engineer/Sr. Planner IV $280 - $320 Sr. Engineer/Sr. Planner V $310 - $340 Sr. Engineer/Sr. Planner VI $330 - $360 Sr. Engineer/Sr. Planner VII $350 - $380 PIC/Sr. Tech Advisor $360 - $390 Other Direct Costs: Outside printing/reproduction, delivery services/USPS, misc. field equipment/supplies, tolls and travel expenses will be billed at actual cost. Mileage will be billed at the Federal Rate. 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. 08.22 B-1 ISO form CG20 0104 13. 3. Except for professional insurance, the insurance policies shall include, contractual liability and personal injury. liability insurance or workers' compensation in their text or by endorsement, coverage for 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. v 08.22 B-3 �0' RAF,q�! i 2 F y Y wITH P . 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 Philip Buckley) Extension: 3353 Contractor Name: Kimley-Horn and Associates, Inc. Contractor's Contact: Kevin Aguigui Contact's Email: kevin.aguigui@kimley-horn.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to ❑ enter a date. b. Email contract (in Word) and attachments to City 5/8/2023 Attorney c/o Laraine.Gittens@cityofsanrafael.org ®NT 2 City Attorney a. Review, revise, and comment on draft agreement 5/8/2023 and return to Project Manager 5/8/2023 ® NT b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor ❑X NT 3 Department Director Approval of final agreement form to send to 6/29/2023 ❑X AM contractor 4 _ Project Manager Forward three (3) originals of final agreement to 6/29/2023 ❑X contractor for their signature 5 Project Manager When necessary, contractor -signed agreement © N/A agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to PRINT Date of City Council approval enter a date. 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 City Manager / Mayor (for Public Works Contracts) 9 Agreement executed by City Council authorized official 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager PSA - Kimley Horn - Design Services Final Audit Report Third Street Additional Created: 2024-05-01 By: Shannon Mackle (shannon.mackle@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAATLXZYQdbTZWYSxHgvVnDmfDzxoy6ygC5 "PSA - Kimley Horn - Third Street Additional Design Services" Hi story Document created by Shannon Mackle(shannon.mackle@cityofsanrafael.org) 2024-05-01 - 5:30:37 PM GMT E1 Document emailed to Kwasi Akwabi (kwasi.akwabi@kimley-horn.com) for signature 2024-05-01 - 5:35:43 PM GMT Email viewed by Kwasi Akwabi (kwasi.akwabi@kimley-horn.com) 2024-05-06 - 6:41:11 PM GMT d© Document e-signed by Kwasi Akwabi (kwasi.akwabi@kimley-horn.com) Signature Date: 2024-05-06 - 6:43:03 PM GMT - Time Source: server 24 Document emailed to kevin.aguigui@kimley-horn.com for signature 2024-05-06 - 6:43:05 PM GMT Email viewed by kevin.aguigui@kimley-horn.com 2024-05-06 - 7:13:04 PM GMT 60 Signer kevin.aguigui@kimley-horn.com entered name at signing as Kevin Aguigui 2024-05-06 - 7:15:25 PM GMT 6© Document e-signed by Kevin Aguigui (kevin.aguigui@kimley-horn.com) Signature Date: 2024-05-06 - 7:15:27 PM GMT - Time Source: server Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval 2024-05-06 - 7:15:29 PM GMT Email viewed by Laraine Gittens(laraine.gittens@cityofsanrafael.org) 2024-05-06 - 7:27:50 PM GMT Adobe Acrobat Sign 60 Document approved by Laraine Gittens (laraine.gittens@cityofsanrafael.org) Approval Date: 2024-05-06 - 9:00:22 PM GMT - Time Source: server E-4' Document emailed to Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) for signature 2024-05-06 - 9:00:23 PM GMT Email viewed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) 2024-05-09 - 5:16:22 PM GMT 6o Document e-signed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) Signature Date: 2024-05-09 - 5:20:30 PM GMT - Time Source: server G-4 Document emailed to city.clerk@cityofsanrafael.org for approval 2024-05-09 - 5:20:32 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-05-09 - 5:39:05 PM GMT 6© Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi 2024-05-09 - 5:39:15 PM GMT 60 Document approved by Brenna Nurmi (city.clerk@cityofsanrafael.org) Approval Date: 2024-05-09 - 5:39:17 PM GMT - Time Source: server E-► Document emailed to cristine.alilovich@cityofsanrafael.org for signature 2024-05-09 - 5:39:19 PM GMT t Email viewed by cristine.alilovich@cityofsanrafael.org 2024-05-09 - 7:17:26 PM GMT 6© Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich 2024-05-09 - 7:17:45 PM GMT 6© Document e-signed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) Signature Date: 2024-05-09 - 7:17:47 PM GMT - Time Source: server E'4 Document emailed to city.clerk@cityofsanrafael.org for signature 2024-05-09 - 7:17:49 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-05-09 - 8:57:26 PM GMT d© Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi (for) 2024-05-09 - 8:57:39 PM GMT &o Document e-signed by Brenna Nurmi (for) (city.clerk@cityofsanrafael.org) Signature Date: 2024-05-09 - 8:57:41 PM GMT - Time Source: server Adobe Acrobat Sign fd Agreement completed. 2024-05-09 - 8:57:41 PM GMT a Adobe Acrobat Sign