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Home My WebLink AboutPW Lincoln Avenue Corridor Safety Improvement ServicesRev. 08.22 1 AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SAN RAFAEL AND BENNETT ENGINEERING SERVICES INC FOR LINCOLN AVENUE CORRIDOR SAFETY IMPROVEMENT SERVICES This Agreement is made and entered into as of ________________________ (the “Effective Date”), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation (hereinafter "CITY"), and BENNETT ENGINEERING SERVICES 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 1. 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 November 5, 2024 (“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 Jan 29, 2025 v 08.22 2 $74,824. 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. 3. 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 on August 1, 2025. 4. PROJECT COORDINATION. A. CITY’S Project Manager. Mariana 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. Carlton D. Allen 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 3 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, v 08.22 4 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. v 08.22 5 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: Mariana Sanchez, Junior Engineer 111 Morphew Street San Rafael, CA 94901 To CONSULTANT’s Project Director: Carlton D. Allen 1082 Sunrise Ave Suite 100 Roseville, CA 95661 15. INDEPENDENT CONTRACTOR. 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 08.22 6 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. v 08.22 7 [Signatures are on the following page.] v 08.22 8 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 Manager APPROVED AS TO FORM: Office of the City Attorney _________________________________ By: ROBERT F. EPSTEIN, City Attorney ATTEST: City Clerk _________________________________ LINDSAY LARA, City Clerk CONSULTANT: __________________________________ By: ____________________________ Name: ____________________________ Title: ____________________________ [If CONSULTANT is a corporation, add signature of second corporate officer] __________________________________ By: ____________________________ Name: ____________________________ Title: ____________________________ Leo Rubio (Jan 5, 2025 15:55 PST) Leo Rubio President/CEO Bennett Engineering Services Inc Leo Rubio Car'ton ''en III (Jan 5, 2025 1ч:21 PST) Bennett Engineering Services Inc Car'ton ''en III ssociate / irector o! Trans+ortation Services ndrea isves#2ara !or (Jan 2ш, 2025 0ш:0т PST) 'QGUeD <iVYeVKZDUD IoU Cristine 'i'ovic# (Jan 2ш, 2025 0ш:22 PST) )UiVWiQe 'OiOoYiFK Lindsa4 Lara (Jan 2ш, 2025 10:2ш PST) LiQGVD\ LDUD Rev. 08.22 A-1 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. LACSI Scope v2 Page 1 of 3 Scope of Services Client: City of San Rafael Consultant: Bennett Engineering Services Inc Project: Lincoln Avenue Corridor Safety Improvement Project Date: November 5, 2024 Consultant’s services shall be limited to those expressly set forth below, and Consultant shall have no other obligations or responsibilities for the Project or to the Client except as agreed to in writing or as provided in this Agreement. All of Consultant’s services in any way related to the Project or Client shall be subject to the terms of this Agreement. ASSUMPTIONS: •Improvements are anticipated to be within existing sidewalk limits, therefor no boundary survey or resolution is included in this scope. •Design to be completed using CAD files for survey as provided by the City. •No potholing for existing utilities is included in this scope of work. •City will prepare and submit all LAPM required paperwork. •Bidding Assistance and Construction Support are not included in this scope of work. TASK 1. Project Management Subtask 1.1. Meetings and Field Review Bennett Engineering Services (BEN|EN) in coordination with the City project manager, will develop the project development team (PDT) including representatives from subconsultants and appropriate City staff. BEN|EN will set up and facilitate all PDT, interagency (including transit agencies), field review, and other project-related meetings. The team will prepare all meeting agendas, meeting minutes, necessary supplemental materials, and meeting sign-in sheets. ASSUMPTIONS •BEN|EN assumes a total of ten (10) meetings. DELIVERABLES: •Meeting notices, agendas, minutes, and sign-in-sheets Subtask 1.2. Project Budget, Invoicing, Status Reports A project budget will be established and managed in collaboration with the City Project Manager for successful project delivery. A draft status report will be submitted for City approval prior to submittal of the first invoice. BEN|EN will prepare and submit monthly invoices and status reports to the City. The status reports will include project tasks completed, deliverables submitted, and budget expenditures for that month’s invoice. DELIVERABLES •Draft Status Report, Monthly Invoices, and Status Reports TASK 2. Preliminary Engineering Subtask 2.1. Data Collection and Field Visit BEN|EN will collect and review existing as-builts and planning documents from the City and transit providers. Exhibit A Exhibit A: Scope of Services Lincoln Avenue Corridor Safety Improvement Project LACSI Scope v2 Page 2 of 3 TASK 3. Utility Coordination Subtask 3.1. Utility Conflict Mapping BEN|EN will be responsible for utility coordination throughout the project development. BEN|EN will send proposed project limits to utility owners with a City approved letter requesting verification of the location, size, depth of each facility. We will also request if the utility company believe they have higher rights than the City. Responses will be logged and mapped. Our team will identify utility impacts and will provide a summary of impacted utilities, along with proposed resolutions. Utility conflict maps will be generated for each impacted utility. DELIVERABLES: • Utility “A” Letters • Utility Tracking Spreadsheet • Utility Conflict Maps Subtask 3.2. Utility Relocation Coordination During final design, BEN|EN will request relocation plans from utility companies requiring relocation. When the relocation plans are received, BEN|EN will check the relocation design against the latest project plans for conflicts. Once the owner concurs with the liability listed, the City will then issue a Utility “C” Letter that clearly defines the impacted facility, owner’s conflict resolution plan, estimated completion date, and liability. BEN|EN will then send a copy of the Final Plans (“C” Plans) along with the Utility “C” Letter directing the utility company to initiate relocation construction. Should any relocation of private utility facilities be required, it is assumed that there is a franchise agreement in place and no utility agreements will be needed. BEN|EN will coordinate with private utility companies for proposed relocation within existing or new City right-of-way. In addition, it is assumed that no new water or sewer facilities will be constructed as part of the project. ASSUMPTIONS • No Utility Agreements needed DELIVERABLES • Utility “B” Letters • Utility "C” Letters • Summary of impacts and resolutions TASK 4. Final Design Subtask 4.1. 65% Plans, Specifications and Estimate Based on approved preliminary plans from the grant application, the BEN|EN team will prepare 65% P&E. Construction Drawings shall include: • Title Sheet - 1 • Layouts (including pavement delineation) - 2 • Construction Details - 4 • RRFB Plan and Details - 3 DELIVERABLES • PDF of the Plans (22”x34”) and Estimate Subtask 4.2. 100% PS&E BEN|EN Team will prepare and submit Plans, Specifications, and Estimate to the City for review and comment as detailed above. Exhibit A: Scope of Services Lincoln Avenue Corridor Safety Improvement Project LACSI Scope v2 Page 3 of 3 DELIVERABLES • PDF of the Plans (22”x34”), Specifications, and Estimate • Response to Comments Matrix Subtask 4.3. Bid Set BEN|EN Team will prepare and submit Plans, Specifications, and Estimate to the City for review and comment as detailed above. DELIVERABLES • PDF of the Plans (22”x34”), Specifications, and Estimate • Response to Comments Matrix Subtask 4.4. Quality Control The team will prepare a quality control plan—utilizing both our existing internal controls and the guidelines as set by the City—and we will provide technical resources necessary to ensure that deliverables are complete, and that they meet the City’s requirements. Reviews will be conducted by experienced staff not directly involved with the design or preparation of the deliverables. The review will be documented using a review form indicating the reviewer’s name, date of the review, and the resolution of any comments. This task includes providing quality control reviews for the 65%, 100%, and Final PS&E submittals. DELIVERABLES • Quality Control Reviews and Forms Fee Estimate Consultant: Bennett Engineering Services Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost 1.1. PDT Meetings hrs $0 hrs $0 16 hrs $4,400 8 hrs $1,576 hrs $0 hrs $0 hrs $0 24 hrs $5,976 $400 $6,376 1.2. Project Budget, Invoicing, Status Reports hrs $0 hrs $0 16 hrs $4,400 hrs $0 hrs $0 hrs $0 hrs $0 16 hrs $4,400 $0 $4,400 Subtotal hrs $0 hrs $0 32 hrs $8,800 8 hrs $1,576 hrs $0 hrs $0 hrs $0 40 hrs $10,376 $400 $10,776 2.1. Data Collection and Field Visit hrs $0 hrs $0 8 hrs $2,200 8 hrs $1,576 hrs $0 hrs $0 hrs $0 16 hrs $3,776 $200 $3,976 Subtotal hrs $0 hrs $0 8 hrs $2,200 8 hrs $1,576 hrs $0 hrs $0 hrs $0 16 hrs $3,776 $200 $3,976 3.1. Utility Conflict Mapping hrs $0 hrs $0 2 hrs $550 hrs $0 hrs $0 8 hrs $1,400 8 hrs $1,320 18 hrs $3,270 $0 $3,270 3.2. Utility Relocation Coordination hrs $0 hrs $0 4 hrs $1,100 hrs $0 hrs $0 8 hrs $1,400 8 hrs $1,320 20 hrs $3,820 $0 $3,820 Subtotal hrs $0 hrs $0 6 hrs $1,650 hrs $0 hrs $0 16 hrs $2,800 16 hrs $2,640 38 hrs $7,090 $0 $7,090 4.1. 65% PS&E hrs $0 6 hrs $1,860 16 hrs $4,400 28 hrs $5,516 18 hrs $3,330 30 hrs $5,250 12 hrs $1,980 110 hrs $22,336 $0 $22,336 4.2. 100% PS&E hrs $0 6 hrs $1,860 8 hrs $2,200 20 hrs $3,940 14 hrs $2,590 24 hrs $4,200 8 hrs $1,320 80 hrs $16,110 $0 $16,110 4.3. Bid Set hrs $0 2 hrs $620 4 hrs $1,100 8 hrs $1,576 8 hrs $1,480 4 hrs $700 4 hrs $660 30 hrs $6,136 $0 $6,136 4.4. Quality Control 20 hrs $6,200 hrs $0 8 hrs $2,200 hrs $0 hrs $0 hrs $0 hrs $0 28 hrs $8,400 $0 $8,400 Subtotal 20 hrs $6,200 14 hrs $4,340 36 hrs $9,900 56 hrs $11,032 40 hrs $7,400 58 hrs $10,150 24 hrs $3,960 248 hrs $52,982 $0 $52,982 PROJECT TOTAL 20 hrs $6,200 14 hrs $4,340 82 hrs $22,550 72 hrs $14,184 40 hrs $7,400 74 hrs $12,950 40 hrs $6,600 342 hrs $74,224 $600 $74,824 185 $/hr197 $/hr Designer/Tech 5 175 $/hr 165 $/hr Task 4 Final Design 310 $/hrFee Estimate Task 3 Utility Coordination Task 2 Preliminary Engineering Task 1 Project Management Carlton Allen Project Manager 275 $/hr TOTALMISC. EXPENSES BEN|EN Subtotal Date: November 5, 2024 Client: City of San Rafael Project: Lincoln Avenue Corridor Safety Improvement Project Engineer 10 310 $/hr Engineer 1Engineer 3Engineer 10 Leo Rubio Quality Manager Engineer 2Engineer 8 Additional Fee Information This fee estimate is valid for 90 days from the date show above. This fee estimate contains an abbreviated list of staff classifications and does not restrict BEN|EN to those classifications. The Standard Rate Schedule with a full list of staff classifications is available upon request. This fee estimate contains an approximation of the breakdown between labor, expense, and consultants. BEN|EN reserves the rights to distribute funds differently based on project needs. Standard hourly rates do not apply to a demand to perform work during an overtime period. Work required to be performed during an overtime period (as mandated by California law) may be charged at a 50% premium. Work mandated by Prevailing Wage laws may be charged at a 25% premium. Hourly rates include all compensation for wages, salary-related benefits, overhead, general office administration, and profit. Direct project administrative hours will be billed at the rate shown above. Classifications may be added or removed as-needed without notice. Changes in the requested scope of work or projected schedule may result in the revision of the proposed fees and amendment to the total contract amount. 243054_San Rafael_Bennett_Fee v2.xlsx Page 1 of 1 Rev. 08.22 B-1 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 v 08.22 B-2 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 v 08.22 B-3 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. Step RESPONSIBLE DEPARTMENT DESCRIPTION COMPLETED DATE REVIEWER Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor b. Email contract (in Word) and attachments to City Attorney c/o Laraine.Gittens@cityofsanrafael.org Click here to enter a date. 12/16/2024 ☐ ☒SM 2 City Attorney a. Review, revise, and comment on draft agreement and return to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 12/23/2024 12/23/2024 ☒ NT ☒ NT 3 Department Director Approval of final agreement form to send to contractor 12/23/2024 ☒ AM 4 Project Manager Forward three (3) originals of final agreement to contractor for their signature 12/26/2024 ☒ 5 Project Manager When necessary, contractor-signed agreement agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed $75,000; and for Public Works Contracts that exceed $175,000 Date of City Council approval ☒ N/A Or Click here to 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 TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Shannon Mackle (for Mariana Sanchez) Extension: 3353 Contractor Name: Bennett Engineering Services Contractor’s Contact: Carlton D Allen Contact’s Email: callen@ben-en.com ☐ FPPC: Check if Contractor/Consultant must file Form 700 PSA - Lincoln Ave Corridor Crosswalk Safety Improvements Final Audit Report 2025-01-29 Created:2024-12-26 By:Shannon Mackle (shannon.mackle@cityofsanrafael.org) Status:Signed Transaction ID:CBJCHBCAABAAsdPbkV80d1UR1C31-YbA7OFmnvC0-7OM "PSA - Lincoln Ave Corridor Crosswalk Safety Improvements" Hi story Document created by Shannon Mackle (shannon.mackle@cityofsanrafael.org) 2024-12-26 - 7:28:44 PM GMT- IP address: 69.181.69.46 Document emailed to Leo Rubio (lrubio@ben-en.com) for signature 2024-12-26 - 7:31:22 PM GMT Document shared with Jonathan Schellin (jonathans@cityofsanrafael.org) by Shannon Mackle (shannon.mackle@cityofsanrafael.org) 2024-12-26 - 7:55:58 PM GMT- IP address: 69.181.69.46 Email viewed by Leo Rubio (lrubio@ben-en.com) 2024-12-26 - 9:10:00 PM GMT- IP address: 104.51.68.5 New document URL requested by Leo Rubio (lrubio@ben-en.com) 2025-01-05 - 10:17:56 PM GMT- IP address: 107.116.89.23 Email viewed by Leo Rubio (lrubio@ben-en.com) 2025-01-05 - 11:54:24 PM GMT- IP address: 104.51.68.5 Document e-signed by Leo Rubio (lrubio@ben-en.com) Signature Date: 2025-01-05 - 11:55:44 PM GMT - Time Source: server- IP address: 104.51.68.5 Document emailed to callen@ben-en.com for signature 2025-01-05 - 11:55:45 PM GMT Email viewed by callen@ben-en.com 2025-01-06 - 2:17:08 AM GMT- IP address: 67.187.220.1 Signer callen@ben-en.com entered name at signing as Carlton D Allen III 2025-01-06 - 2:21:20 AM GMT- IP address: 67.187.220.1 Document e-signed by Carlton D Allen III (callen@ben-en.com) Signature Date: 2025-01-06 - 2:21:22 AM GMT - Time Source: server- IP address: 67.187.220.1 Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval 2025-01-06 - 2:21:24 AM GMT Shannon Mackle (shannon.mackle@cityofsanrafael.org) added alternate signer angela.robinsonpinon@cityofsanrafael.org. The original signer cristine.alilovich@cityofsanrafael.org can still sign. 2025-01-06 - 6:36:51 PM GMT- IP address: 199.88.113.8 Shannon Mackle (shannon.mackle@cityofsanrafael.org) added alternate signer John Stefanski (john.stefanski@cityofsanrafael.org). The original signer cristine.alilovich@cityofsanrafael.org can still sign. 2025-01-06 - 6:37:06 PM GMT- IP address: 199.88.113.8 Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2025-01-06 - 6:37:46 PM GMT- IP address: 104.47.64.254 New document URL requested by Leo Rubio (lrubio@ben-en.com) 2025-01-17 - 0:54:08 AM GMT- IP address: 66.60.159.246 New document URL requested by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2025-01-28 - 11:57:43 PM GMT- IP address: 199.88.113.8 Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2025-01-28 - 11:57:58 PM GMT- IP address: 104.47.65.254 Document approved by Laraine Gittens (laraine.gittens@cityofsanrafael.org) Approval Date: 2025-01-28 - 11:59:17 PM GMT - Time Source: server- IP address: 199.88.113.8 Document emailed to rob.epstein@cityofsanrafael.org for signature 2025-01-28 - 11:59:20 PM GMT Email viewed by rob.epstein@cityofsanrafael.org 2025-01-29 - 6:38:03 AM GMT- IP address: 73.15.82.184 Shannon Mackle (shannon.mackle@cityofsanrafael.org) added alternate signer Andrea.Visveshwara@cityofsanrafael.org. The original signer rob.epstein@cityofsanrafael.org can still sign. 2025-01-29 - 4:39:08 PM GMT- IP address: 69.181.69.46 Document emailed to Andrea.Visveshwara@cityofsanrafael.org for signature 2025-01-29 - 4:39:09 PM GMT Email viewed by Andrea.Visveshwara@cityofsanrafael.org 2025-01-29 - 5:03:00 PM GMT- IP address: 104.47.65.254 Signer Andrea.Visveshwara@cityofsanrafael.org entered name at signing as Andrea Visveshwara for 2025-01-29 - 5:03:54 PM GMT- IP address: 199.88.113.8 Document e-signed by Andrea Visveshwara for (Andrea.Visveshwara@cityofsanrafael.org) Signature Date: 2025-01-29 - 5:03:57 PM GMT - Time Source: server- IP address: 199.88.113.8 Document emailed to city.clerk@cityofsanrafael.org for approval 2025-01-29 - 5:03:58 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2025-01-29 - 5:09:10 PM GMT- IP address: 199.88.113.8 Signer city.clerk@cityofsanrafael.org entered name at signing as Lindsay Lara 2025-01-29 - 5:09:29 PM GMT- IP address: 199.88.113.8 Document approved by Lindsay Lara (city.clerk@cityofsanrafael.org) Approval Date: 2025-01-29 - 5:09:31 PM GMT - Time Source: server- IP address: 199.88.113.8 Document emailed to cristine.alilovich@cityofsanrafael.org for signature 2025-01-29 - 5:09:34 PM GMT Document emailed to John Stefanski (john.stefanski@cityofsanrafael.org) for signature 2025-01-29 - 5:09:34 PM GMT Document emailed to angela.robinsonpinon@cityofsanrafael.org for signature 2025-01-29 - 5:09:34 PM GMT Email viewed by angela.robinsonpinon@cityofsanrafael.org 2025-01-29 - 5:11:42 PM GMT- IP address: 199.88.113.8 Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich 2025-01-29 - 5:22:51 PM GMT- IP address: 71.198.110.147 Document e-signed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) Signature Date: 2025-01-29 - 5:22:53 PM GMT - Time Source: server- IP address: 71.198.110.147 Document emailed to city.clerk@cityofsanrafael.org for signature 2025-01-29 - 5:22:56 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2025-01-29 - 6:29:22 PM GMT- IP address: 199.88.113.8 Signer city.clerk@cityofsanrafael.org entered name at signing as Lindsay Lara 2025-01-29 - 6:29:36 PM GMT- IP address: 199.88.113.8 Document e-signed by Lindsay Lara (city.clerk@cityofsanrafael.org) Signature Date: 2025-01-29 - 6:29:38 PM GMT - Time Source: server- IP address: 199.88.113.8 Agreement completed. 2025-01-29 - 6:29:38 PM GMT