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HomeMy WebLinkAboutPW On-Call Construction Inspection ServicesAGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SAN RAFAEL AND PARK ENGINEERING, INC. FOR ON -CALL CONSTRUCTION INSPECTION SERVICES This Agreement is made and entered into as of 05/28/2024 (the "Effective Date"), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation (hereinafter "CITY"), and PARK ENGINEERING, INC., 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 VICES 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 May 2, 2024 ("Proposal") set forth in Exhibit A, which constitutes the basis for this Agreement. 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 $25,219.76. 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. Joanna Kwok 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. Steve Patterson 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. 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) daytime 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. 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 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, 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: Joanna Kwok I I I Morphew Street San Rafael, CA 94901 15. INDEPENDENT CONTRACTOR. To CONSULTANT's Project Director: Steve Patterson 372 Village Square Orinda, CA 94563 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, v 0822 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 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. 08.22 6 [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: Cl &I-ine Alilovioh Cristine Alilovich (May 28. 202413:29 PDT) CRISTINE ALILOVICH, City Manager APPROVED AS TO FORM: Office of the City Attorney By: GENEVIEVE COYLE, Assistant City Attorney ATTEST: City Clerk Brenna Nurmifforl lNlav 28 7J2 :.'. PD" LINDSAY LARA, City Clerk 08.22 8 CONSULTANT: , tu. f By: Name: Steve Patterson Title: [If CONSULTANT is a corporation, add signature of second corporate officer] By: Park Engineering, Inc. Name: Jaemin Park Title: President/CEO/CFO 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 Orinda Office 372 Village Square Orinda, CA 94563 Tel: 925-257-2508 Fax: 925-401-7030 Emeryville Office 3960 Adeline Street, #3 Emeryville, CA 94608 Tel: 925-257-2508 Fax: 925-401-7030 Exhibit A May 2"d, 2024 Joanna Kwok Senior Civil Engineer San Rafael Public Works 111 Morphew Street San Rafael, CA 94901 RE: Proposal for Construction Inspection Services for Miscellaneous Inspection Services on Various Projects Dear Joanna, Park Engineering, Inc. is pleased to submit personnel qualifications and a related cost proposal to provide construction inspection services for helping out City staff on various projects for part-time and limited durations, such as filling in for City staff on vacation. We appreciate the opportunity to continue working with the City. As discussed through various conversations, the City is in need of a part-time construction inspector to assist on various City projects this coming construction season. This inspector will be working on another City project — the B Street Box Culvert Replacement Project —which will provide some cost efficiency for the City. lam proposing Kevin Dickens as the construction inspector, he will be working on the B Street Project and able to fill in on various tasks and projects. Park also has two other inspectors working with San Rafael Sanitation District and another on a Marin County project (this summer), these individuals might also be able to help for a simple afternoon check on traffic control, for example. We will work closely with City staff to learn about the details and duties necessary for these temporary roles to provide continuity to the project and progress. Should you have any questions or need additional information, please do not hesitate to contact me. I can be reached at 372 Village Square, Orinda, CA 94563, E-mail: spatterson@park-eng.com and Cell: (510) 701-0319. Sincerely, Steve Patterson, P.E. Vice President SUMMARY OF EXPERIENCE and CAPABILITIES Company Profile Park Engineering, Inc. was founded in 2013 with the vision of providing high quality construction management, construction inspection, program/project management, project controls, and contract administration services to public agencies on transportation and infrastructure projects. The firm's guiding principle is to add value to public agencies by furnishing high level technical resources and expertise. Our approach combines highly developed engineering and management capabilities with proven problem solving and relationship building skills. Park Engineering specializes in providing construction management, construction inspection, program/project management and contract administration services on projects with federal, state, bond, grant and other specialty funding requiring coordination with and audits by, Caltrans, FHWA and other oversight agencies. Certifications State of California CUCP DBE (No. 41711) State of California DGS SBE (No. 1757722) State of California PUC MBE (No. 17000825) Services • Construction management • Construction inspection • Project management / program management • Resident engineering • SWPPP implementation and inspection • Scheduling and schedule control • Cost estimating and cost control • Utility coordination • Claims analysis, negotiation and resolution support • Value engineering • Permit compliance • Constructability and bid -ability review • Bid advertisement and award process • Staff augmentation • Federal and state audit support • Federal fund reimbursement and project closeout 3. PROFESSIONAL EXPERIENCE Our key personnel have experience delivering projects of this nature for transportation and local agencies that include new roadway and existing street improvements for public agency and private development projects. In addition, we have extensive experience with administering construction projects that receive funding from multiple sources, including FHWA funds. We have the skills necessary to ensure thorough reporting and strict adherence to federal guidelines. Page 1 San Rafael Sanitation District Inspection Services for Southern Heights /Courtright/Pierce Retaining Walls PARK ENGINEERING KEVIN DICKENS, CONSTRUCTION MANAGER / CONSTRUCTION INSPECTOR Years of Experience 40+ Education San Jose City College - San Jose, CA Gavilan Community College — Gilroy, CA High School Diploma, Milpitas High School, 1979 RESUME Certifications and Training Public Works -Utilities -Waterworks Management Institute- Management & Leadership Training Program Key Qualifications Kevin has over 40 years of experience in the construction of public works and water infrastructure projects. He has acted in the role of Construction Supervisor and Inspector on behalf of cities and utility agencies providing clear direction and explaining plans and contract terms in a clear and understandable way. He is safety conscious and detail oriented, as well as innovative, adept at finding engaging ways to motivate construction teams to exceed expectations and maintain high standards. Kevin has extensive experience with underground utilities, storm drain and roadway improvements including failure repairs, HMA overlay and paving, water systems, pipelines, tanks, mechanical and electrical systems, and signalized intersections. As a supervisor on construction sites, Kevin collaborated successfully with engineers, owners, city officials and construction staff to complete multi -million -dollar projects. Representative Project Experience • City of Palo Also On -call, Gas Main Replacement Kevin provided inspection services for the Gas Main Replacement 24B (GMR 24B) project. The GMR- 24B project replaced approximately 18,000 linear feet of new PE gas mains. Various tasks included pre -CCTV and post -CCTV inspections, installation of new gas main and services, compaction testing, and pavement restoration of the excavated roadways. San Jose Water Company, San Jose Kevin was working as project manager providing management services for multiple projects — both new developments and maintenance projects —for funding, overseeing design, coordinating permits and utilities, reviewing and awarding construction contract, and overseeing the construction management team. He was also involved with the project funding and close-out procedures. Projects include: San Jose Mineta, Prospect Road Main Replacement, Lombard Main Replacement, Entrada Cedros Tract #10319, Hillsdale Main Replacement and Cadillac Drive Main Replacement. Poplar Corridor Safety Improvement Project, City of San Mateo The project constructed a median island on Poplar Ave from Amphlett Blvd to Idaho St, as well as traffic calming improvements along Humboldt St. from Peninsula Ave to E. Poplar Ave as a result of the traffic diversion. Traffic calming improvements included: bulbouts at College/ Humboldt intersection and mid -block in front of the court house, landscaping with new trees, pedestrian level lighting, radar feedback signs, and signal upgrades at Humboldt/Poplar. Kevin performed construction inspection and daily documentation of contractor's activities. He was a backup inspector to the primary inspector on the project. • Iron Horse Lane Water Main Replacement Project —Alameda County Water District (ACWD), Fremont Kevin was the construction inspector for this $2 million Alameda County Water District, Iron Horse Lane Water Main Replacement Project. The work included installation of over 1,000-feet of new 6- inch diameter steel pipe and PVC water main, along with a number of service laterals, to meet ,� Son Rofoel Sonitotion District �vi�'`j Inspection Services for Southern Heights /Courtright/Pierce Retaining Walls _I RESUME current ACWD standards. The work also included rehabilitation of the roadway sections upon completion of the water main and service lateral replacements. The three -block water main replacement project is located in Niles Community of Fremont. The items of work included: o Installation of new 6-inch water main pipe and service laterals o Potholing of existing utilities o Trench backfill & HMA paving o Traffic control — both for vehicles and pedestrians o Water Pollution Control o Public relations and outreach Saratoga Avenue Water Main Replacement, San Jose Water Company, San Jose CA The scope of this $650K project included the installation of 1800 LF of 12" Ductile Iron water main and appurtenances. Kevin was the Project Manager and Inspector representing San Jose Water Company, responsible for all inquiries from the public, jurisdictional representatives and contractors. He ensured compliance with state or local guidelines in traffic control, SWPPP and safety regulations and was also responsible for the notification of all service interruptions to consumers in conjunction with this project and to resolve any conflicts with residents or businesses. In addition to field duties, Kevin was responsible for receiving, tracking and approving or negotiating all progress billing and change orders, as well as review of as -built drawings and submitting RFI's to the contractor prior to submittal to the engineer. Johansen Avenue Water Main Replacement, San Jose Water Company, Cupertino CA Kevin provided construction oversight for this $375K project that included the installation of 2200 LF of 6" Ductile Iron water main and appurtenances, 6" zone separation valve and pressure reducing valves on high pressure service laterals. One in -home Child Care facility and one special needs resident were within the project parameters. Kevin's responsibilities were to ensure project timelines were kept intact while accommodating the needs of the residents. This project required field changes to be made to remedy unforeseen conflicts and obstructions and to document and submit changes to the Engineer. Kevin also insured all State, Local and Federal conditions were met and maintained throughout the project. Water Main Developer Installation, San Jose Water Company, San Jose CAO Kevin trained and supervised consultant inspectors for this $1.25 million project that installed daily water main throughout a new housing tract. Kevin ensured SJWC material standards were met through submittals and visual inspection, checked grade staking by engineer's surveyors to ensure proper depth and layout, coordinated start dates with developer's contractor, made sure all safety protocols were in place, and conducted daily site visits to check on progress and answer any questions from the inspector or developer's contractor. Kevin also supervised the disinfection and testing of the new water main to ensure the water quality meets state standards. Kevin was responsible for reviewing and correcting the contractors and inspectors as -built drawings. He also coordinated all off site water main installations by SJWC's contractor, met with permitting agency or agencies to insure compliance with permit conditions, inspected off site installations, coordinated service interruptions and notified consumers affected, and reviewed and approved SJWC contractor billing for processing. Page 3 San Rafael Sanitation District ` Inspection Services for Southern Heights /Courtright/Pierce Retaining Walls City of San Rafael On -call Inspection Services, Various Projects Cost Proposal for Inspection Services R2tu Hours Total Total Name / Ciassifieation Regular Overtime Regular Overtime cost Loaded Rate Rate Construction Close-out Hours Hours Kevin Dickens Construction Inspector $ 168.13 $ 252.20 150 0 150 0 $ 25,219.76 Total = , $ 25,219.76 1. Rate includes vehicle, mobile phone, laptop and all equipment required to perform required duties. 2. Based on limited inspection services for 4 months- various, to be determined projects and locations. 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. Ifthe 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. 08 22 B-3 RAFq�I Z 2 R, h0 Ty K'!T H 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: Shannon Mackie (for Joanna Kwok) Extension: 3353 Contractor Name: Park Engineering Contractor's Contact: Steve Patterson Contact's Email: spaerson@park-eng.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 5/14/2024 Attorney c/o Laraine.Gittens@cityofsanrafael.org IKSM 2 City Attorney a. Review, revise, and comment on draft agreement 5/20/2024 and return to Project Manager 5/20/2024 — NT b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor © NT 3 Department Director Approval of final agreement form to send to 5/20/2024 © AM Project Manager contractor ❑ 4 Forward three (3) originals of final agreement to Click here to contractor for their signature enter a date. 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 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 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager PSA for On -Call Construction Inspection Services - Park Eng Final Audit Report 2024-05-28 Created: 2024-05-22 By: Shannon Mackie (shannon.mackle@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAlryFUki_XOs1fV5sNig6ESeTtRAwf MQ "PSA for On -Call Construction Inspection Services - Park Eng" H istory Document created by Shannon Mackle (shannon.mackle@cityofsanrafael.org) 2024-05-22 - 10:18:52 PM GMT 74 Document emailed to Steve Patterson (spatterson@park-eng.com) for signature 2024-05-22 - 10:26:11 PM GMT Email viewed by Steve Patterson (spatterson@park-eng.com) 2024-05-23 - 10:37:47 PM GMT d© Document e-signed by Steve Patterson (spatterson@park-eng.com) Signature Date: 2024-05-23 - 10:38:26 PM GMT - Time Source: server E'y Document emailed to Jaemin Park apark@park-eng.com) for signature 2024-05-23 - 10:38:28 PM GMT Email viewed by Jaemin Park apark@park-eng.com) 2024-05-23 - 10:51:34 PM GMT 6© Document e-signed by Jaemin Park apark@park-eng.com) Signature Date: 2024-05-23-10:52:21 PM GMT - Time Source: server C'► Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval 2024-05-23 - 10:52:23 PM GMT Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2024-05-23 - 11:01:50 PM GMT 6© Document approved by Laraine Gittens (laraine.gittens@cityofsanrafael.org) Approval Date: 2024-05-23 - 11:03:49 PM GMT - Time Source: server Q Adobe Acrobat Sign E-4' Document emailed to Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) for signature 2024-05-23 - 11:03:51 PM GMT Email viewed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) 2024-05-28 - 7:38:33 PM GMT 6o Document e-signed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) Signature Date: 2024-05-28 - 7:39:18 PM GMT - Time Source: server Ey Document emailed to city.clerk@cityofsanrafael.org for approval 2024-05-28 - 7:39:20 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-05-28 - 7:57:50 PM GMT &o Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi 2024-05-28 - 7:57:59 PM GMT &a Document approved by Brenna Nurmi (city.clerk@cityofsanrafael.org) Approval Date: 2024-05-28 - 7:58:01 PM GMT - Time Source: server C'. Document emailed to cristine.alilovich@cityofsanrafael.org for signature 2024-05-28 - 7:58:03 PM GMT Email viewed by cristine.alilovich@cityofsanrafael.org 2024-05-28 - 8:29:08 PM GMT 6© Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich 2024-05-28 - 8:29:19 PM GMT b© Document e-signed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) Signature Date: 2024-05-28 - 8:29:21 PM GMT - Time Source: server 2+ Document emailed to city.clerk@cityofsanrafael.org for signature 2024-05-28 - 8:29:23 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-05-28 - 8:42:58 PM GMT bo Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi (for) 2024-05-28 - 8:43:14 PM GMT &o Document e-signed by Brenna Nurmi (for)(city.clerk@cityofsanrafael.org) Signature Date: 2024-05-28 - 8:43:16 PM GMT - Time Source: server Agreement completed. 2024-05-28 - 8:43:16 PM GMT Q Adobe Acrobat Sign