Loading...
HomeMy WebLinkAboutPW Traffic Engineering Services 2015Agenda Item No: 3 Meeting Date: July 6, 2015 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by;, �/ ,,,qtx­t Director of PubW Works City Manager Approva File No.: 01.01.02.01 TOPIC: AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING SERVICES SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS TO EXECUTE AN AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR VARIOUS TRAFFIC ENGINEERING SERVICES IN AN AMOUNT NOT TO EXCEED $60,000.00. RECOMMENDATION: Staff recommends that the City Council adopt the resolution authorizing the Acting Director of Public Works to execute an agreement with Kimley-Horn and Associates, Inc. for various traffic engineering services in an amount not to exceed $60,000.00. BACKGROUND: The Public Works Department has been working diligently to design and construct the projects listed in the 2014/2015 Five -Year Capital Improvement Program (CIP) as well as the 2015/2016 Three -Year CIP. In addition, staff has been working to upgrade our current infrastructure in order to be ready for day one SMART operations. Over the past several years, the Public Works Department has utilized an array of services provided by outside consultants to augment staff resources. Various consulting firms have assisted with construction inspection/management and civil engineering design services to help fill the needs of the department and to keep projects on schedule. With the number of projects currently under way and the time sensitivities associated with grant funded projects, staff has concluded that consultant provided professional services are again required for various traffic engineering projects, coordination and assistance. The consultant's scope of services will include design assistance, traffic monitoring, data collection, Caltrans and SMART coordination, and other services to ensure timely responses to traffic needs and the completion of a variety of traffic engineering tasks required by CIP projects. FOR CITY CLERK ONLY File No.: 14 14-5.6' Council Meeting: �n'�6(2oiS Disposition: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 Here are examples of just a few of the tasks which require additional traffic engineering support: • Wireless Traffic Signal and Real -Time Trac Monitoring Communication System installation • Programming and testing the new traffic signal controllers for field implementation • Develop Traffic Signal Rail Pre-emption timing plans for Downtown San Rafael PUBLIC OUTREACH: No public outreach has been performed as the proposed contract is for an on-call agreement. ANALYSIS: The addition of consultant provided professional traffic engineering services is required to continue with projects currently under way and to prepare our traffic signal infrastructure for SMART rail operations. FISCAL IldPACT: The professional engineering services contract will be paid for on a time and materials basis out of the General Fund, primarily with operational savings due to vacant positions in the Department. OPTIONS: The Council may choose to reject the proposal from Kimley-Horn and Associates, Inc., and direct staff to select a different consultant. Selecting a different consultant may result in the postponement of current projects and may also impact traffic signal system preparations for SMART rail operations. ACTION REQUIRED: Staff recommends that the City Council adopt the Resolution accepting the proposal from Kimley-Horn and Associates, Inc. and authorize the Acting Director of Public Works to execute a professional services agreement, in a form approved by the City Attorney, with Kimley- Horn and Associates, Inc. for various traffic engineering services, in an amount not to exceed $60,000.00. Enclosures 1. Resolution 2. Proposed Professional Services Agreement with Kimley-Horn Proposal attached as Exhibit A RESOLUTION NO. 13958 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS TO EXECUTE AN AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR VARIOUS TRAFFIC ENGINEERING SERVICES IN AN AMOUNT NOT TO EXCEED $60,000.00. WHEREAS, on March 16, 2015, the City Council approved the 2015/16 Three -Year Capital Improvement Project list; and WHEREAS, the Department of Public Works requires professional traffic engineering services to continue with the projects listed on the Capital Improvement Program as well as prepare the City's traffic signal infrastructure for upcoming rail operations; and WHEREAS, Kimley-Horn and Associates, Inc. has submitted a proposal to provide such services on a time and materials basis; and WHEREAS, the firm of Kinley-Horn and Associates, Inc. was selected as the best qualified for said engineering services; and WHEREAS, there are adequate appropriations in the General Fund to pay for the Kimley- Horn and Associates, Inc. contract; and WHEREAS, staff has reviewed the proposal from Kimley-Horn and Associates, Inc. and found it to be within industry standards and acceptable. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1. The Kimley-Horn and Associates, Inc. professional services agreement is accepted in an amount not to exceed $60,000.00. 2. The Acting Director of Public Works of said City is authorized and directed to execute a professional services agreement with Kinley-Horn and Associates, Inc. in a form approved by the City Attorney. 3. The Acting Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 6th day of July, 2015, by the following vote, to wit: AYES: COUNCIL MEMBERS: Bushey, Gamblin, McCullough & Mayor Phillips NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Colin ESTHER C. BEIRNE, City Clerk File No. 01.01.02.01 AGREEMENT FOR PROFESSIONAL SERVICES WITH K [MLEY-HORN AND ASSOCIATES, INC. FOR ON-CALL ENGINEERING SERVICES This Agreement is made and entered into this 14 day of , 2015, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Kimley-Horn and Associates, Inc. (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the CITY has determined that professional consulting services are required for various traffic engineering projects; and WHEREAS, the CONTRACTOR has offered to render such professional services in connection with these projects. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY'S Project Manager. The Director of Public Works 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. CONTRACTOR'S Project Director. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Kevin Aguigui is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties and/or provide services outlined in the proposal from CONTRACTOR dated June 24, 2015, marked Exhibit "A," attached hereto, and incorporated herein by this reference. 3. DUTIES OF CITY. CITY shall perform the duties as described in Exhibit "A" attached hereto and incorporated herein. 4. COMPENSATION For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR on a time and materials basis for services rendered in accordance with the rates shown on the current fee schedule as described in Exhibit "A" attached and incorporated herein, in an amount not to exceed $60,000. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT. The term of this Agreement shall be for one year from the date of execution. 6. 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 CONTRACTOR and any and all of CONTRACTOR'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 (3 0) days after termination. 7. OWNERSIEP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR 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. 8. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. 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 F) party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE. A. Scope of Coverage. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. 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. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. 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 two million dollars ($2,000,000) per occurrence/four million dollars ($4,000,000) aggregate, to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. Where CONTRACTOR is a professional not required to have a professional license, CITY reserves the right to require CONTRACTOR to provide professional liability insurance pursuant to this section. 4. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. CONTRACTOR's worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONTRACTOR in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 2. The additional insured coverage under CONTRACTOR'S insurance policies shall be primary 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 CONTRACTOR'S policies shall be at least as broad as ISO form CG20 0104 13. 3. Except for professional liability insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. I 4. The insurance policies shall be specifically endorsed to provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to the PROJECT MANAGER. 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. C. Deductibles and SIR's. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, 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 CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT MANAGER or CITY'S City Attorney 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 CONTRACTOR. 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 PROJECT MANAGER and the City Attorney. 4 11. INDEMNIFICATION. A. Except as otherwise provided in Paragraph B., CONTRACTOR 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 CONTRACTOR'S performance of its obligations or conduct of its operations under this Agreement. The CONTRACTOR'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 CONTRACTOR'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 CONTRACTOR's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR'S performance of or operations under this Agreement, CONTRACTOR 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 CONTRACTOR 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, CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend and hold harmless the City Indemnitees from and against any CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such CLAIM which is caused by the sole negligence or willful misconduct of CITY. 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. 12. NONDISCRIMINATION. CONTRACTOR 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. 0 13. COMPLIANCE WITH ALL LAWS. CONTRACTOR 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. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR 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. 14. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR 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. 15. 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: TO CONTRACTOR's Project Director: 16. INDEPENDENT CONTRACTOR. Kevin McGowan Acting Director of Public Works City of San Rafael 1400 Fifth Avenue (P.O. Box 151560) San Rafael, CA 94915-1560 Kevin Aguigui Kimley-Horn and Associates, Inc. 1300 Clay Street, Ste 325, Oakland, CA 94612 For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. R 17. 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 CONTRACTOR 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 CONTRACTOR 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. 18. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. 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. 20. 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. 6 21. CITY BUSINESS LICENSE/ OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code CONTRACTOR 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 CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL KEVIN McGOWAN, Acting Public Works Director ATTEST: h e_- - >« - ESTIIER C. BEIRNE, City Clerk APPROVED AS TO FORM: i -" ROBERT F. EPSTEIN, City Attorney 8 CONTRACTOR -\ Y .............................. ............:... .... _....._............ . ..'...................._................ Name: A .� . .......................................... .:.:p ..k.., Title: ............................... imle>>> n June 24, 2015 (via email) Ms. Leslie Blomquist Acting Assistant Public Works Director City of San Rafael — Department of Public Works 111 Morphew Street San Rafael, CA 94915-1560 RE: Proposal for On -Call Traffic Engineering Services As requested, please find attached our proposed scope and fee to provide on-call engineering services for the City of San Rafael based on June 171' meeting. If you have any questions, please do not hesitate to contact me at (510) 350-0215 or at elbert.chanq(@kimley-horn.com. We look forward to working with you and the City. Sincerely, KIMLEY-HORN Elbert Chang, P.E., T. E. Project Manager Randy Durrenberger, P.E. Vice President Kimley»>Horn SCOPE OF WORK The City of San Rafael desires on-call traffic engineering services in the following areas: Page 2 • Evaluate traffic signal operations for Hetherton St (Mission Ave, 5th Ave, and 41h St intersections), coordinate with Caltrans • Prepare exhibits as requested by City of San Rafael • Prepare signal timing coordination plans • Program and test new traffic signal controllers • Support implementation of new traffic signal system at City offices (including signal controller database) • Other traffic engineering tasks requested by City PROPOSED STAFF • Kevin Aguigui, Contract Manager/ PIC • Elbert Chang, Project Manager • Matt Wages, Traffic Signal Controller Implementation • Brian Sukkar, Traffic Signal Operations and Timing • Other qualified staff as needed SCHEDULE The schedule for each task will be proposed as the details for each task are finalized and approved by the City. FEE KHA will provide the services outlined in the scope of services per current hourly rates on a time - and -materials basis with a contract ceiling of $60,000. This fee includes labor cost and expenses (direct and indirect) incurred in performing these services. mlep orn Rate Schedule The following rates are effective up until July 1, 2016. These rates are reviewed yearly and are adjusted as necessary. Classification Rate Principal $270.00 Sr. Professional VI $260.00 Sr. Professional V $250.00 Sr. Professional IV $240.00 Sr. Professional III $235.00 Sr. Professional II $225.00 Sr. Professional I $215.00 Sr. Professional $205.00 Professional VI $195.00 Professional V $185.00 Professional IV $175.00 Professional III $165.00 Professional II $155.00 Professional I $145.00 Professional $140.00 Analyst IV $135.00 Analyst III $130.00 Analyst II $125.00 Analyst I $120.00 Analyst $115.00 Sr. Admin Support $115.00 Admin Support $90.00 CITY OF SAN RAFAEL MAYOR Gary O. Phillips Department ofVICE MAYOR Andrew Cuyugan McCulllough COUNCIL MEMBERS Public Works Maribeth Bushey Kate Colin John Gamblin INSURANCE REQUIREMENTS SHEET SUBJECT: COMMERCIAL GENERAL LIABILITY, AUTOMOBILE AND WORKERS' COMPENSATION INSURANCE (MAJOR PUBLIC WORKS CONTRACTS) The City of San Rafael requires that all Contractors and Subcontractors performing work under a Public Works contract with the City carry commercial general liability, automobile, and workers' compensation insurance. The Contractor and Subcontractors shall insure the City, its elective and appointive Boards, Commissions, Officers, Agents and Employees, as follows: Commercial General Liability: Automobile Liability: .Workers' Compensation Liability: Minimum of $1,000,000 per occurrence and $2,000,000 aggregate coverage. Minimum of $1,000,000 coverage. Statutory coverage. The required commercial general liability insurance policy shall provide or shall be endorsed to provide that the City, its officers, employees, agents and volunteers are additional named insureds under the policy, that such policy shall be primary and non-contributory and will not seek contribution from the City's insurance or self-insurance. The "primary and non-contributory" coverage shall be at least as broad as CG 20 0104 13. 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 non-contributory basis for the benefit of the City (if agreed to in a written contractor or agreement) before City's own insurance or self-insurance shall be called upon to protect it as a named insured. The insurance policies shall be specifically endorsed to provide that the insurance carrier shall not cancel, terminate, or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to the City. It shall be a requirement under the contract 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 the contract; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. Any deductibles or self-insured retentions in the required 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 Contractor or subcontractor shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees, and defense expenses. Contractor and subcontractors shall provide to the City all of the following: (1) Certificates of Insurance evidencing the required insurance coverage, (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 Contractor and subcontractors. 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 City. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this contract. The insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. If the insurance is written on a Claims Made Form, then, following termination of the contract, said insurance coverage shall survive for a period of not less than five years. RESOLUTION NO. 13958 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS TO EXECUTE AN AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR VARIOUS TRAFFIC ENGINEERING SERVICES IN AN AMOUNT NOT TO EXCEED $60,000.00. WHEREAS, on March 16, 2015, the City Council approved the 2015/16 Three -Year Capital Improvement Project list; and WHEREAS, the Department of Public Works requires professional traffic engineering services to continue with the projects listed on the Capital Improvement Program as well as prepare the City's traffic signal infrastructure for upcoming rail operations; and WHEREAS, Kinley-Horn and Associates, Inc. has submitted a proposal to provide such services on a time and materials basis; and WHEREAS, the firm of Kimley-Horn and Associates, Inc. was selected as the best qualified for said engineering services; and WHEREAS, there are adequate appropriations in the General Fund to pay for the Kin -ley - Horn and Associates, Inc. contract; and WHEREAS, staff has reviewed the proposal from Kimley-Horn and Associates, Inc. and found it to be within industry standards and acceptable. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1. The Kinley-Horn and Associates, Inc. professional services agreement is accepted in an amount not to exceed $60,000.00. 2. The Acting Director of Public Works of said City is authorized and directed to execute a professional services agreement with Kimley-Horn and Associates, Inc. in a form approved by the City Attorney. 3. The Acting Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 6th day of July, 2015, by the following vote, to wit: AYES: COUNCIL MEMBERS: Bushey, Gamblin, McCullough & Mayor Phillips NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Colin ........................................................ ESTHER C. BEIRNE, City Clerk File No. 01.01.02.01 Kimley> Horn June 24, 2015 (via email) Ms. Leslie Blomquist Acting Assistant Public Works Director City of San Rafael — Department of Public Works 111 Morphew Street San Rafael, CA 94915-1560 RE: Proposal for On -Call Traffic Engineering Services kzni�, H I B 11" �� X Im As requested, please find attached our proposed scope and fee to provide on-call engineering services for the City of San Rafael based on June 171h meeting. If you have any questions, please do not hesitate to contact me at (510) 350-0215 or at elbert.chano(@kimley-horn.com. We look forward to working with you and the City. Sincerely, KIMLEY-HORN Elbert Chang, P.E., T.E. Project Manager 1 ,l d� Randy Durrenberger, P E.,�� Vice President Kimley ))Horn Page SCOPE OF WORK The City of San Rafael desires on-call traffic engineering services in the following areas: • Evaluate traffic signal operations for Netherton St (Mission Ave, 5 1 Ave, and 41h St intersections), coordinate with Caltrans • Prepare exhibits as requested by City of San Rafael • Prepare signal timing coordination plans • Program and test new traffic signal controllers • Support implementation of new traffic signal system at City offices (including signal controller database) • Other traffic engineering tasks requested by City PROPOSED STAFF • Kevin Aguigui, Contract Manager/ PIC • Elbert Chang, Project Manager • Matt Wages, Traffic Signal Controller Implementation • Brian Sukkar, Traffic Signal Operations and Timing • Other qualified staff as needed SCHEDULE The schedule for each task will be proposed as the details for each task are finalized and approved by the City. FEE KHA will provide the services outlined in the scope of services per current hourly rates on a time - and -materials basis with a contract ceiling of $60,000. This fee includes labor cost and expenses (direct and indirect) incurred in performing these services. Kimley>>> Horn Rate Schedule The following rates are effective up until July 1, 2016. These rates are reviewed yearly and are adjusted as necessary. Classification Rate Principal $270.00 Sr. Professional VI $260.00 Sr. Professional V $250.00 Sr. Professional IV $240.00 Sr. Professional III $235.00 Sr. Professional II $225.00 Sr. Professional I $215.00 Sr. Professional $205.00 Professional VI $195.00 Professional V $185.00 Professional IV $175.00 Professional III $165.00 Professional II $155.00 Professional I $145.00 Professional $140.00 Analyst IV $135.00 Analyst III $130.00 Analyst II $125.00 Analyst I $120.00 Analyst $115.00 Sr. Admin Support $115.00 Admin Support $90.00 " i e ; . t :-,.� , 1) 6 A� a CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 3/19/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Greyling Insurance Brokerage 3780 Mansell Road Shite 370 Alpharetta GA 30022 CONTACT T JENO Ola NAME: y FA PHONE (770) 552-4225 A No: (866)550-4082 C fl UDNE .jerry.noyola@greyling.com INSURERS AFFORDING COVERAGE NAIC # INSURERA:National Union Fire Ins Cc 19445 INSURED Rimley-Horn and Associates, Inc. P.O. Box 33068 Raleigh NC 27636 INSURERB:Commerce & Industry Insurance 19410 INSURERC:New Hampshire Insurance Company 23841 INSURER D:LlO d's of London 085202 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:15-16 (Aimley Janice) REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR OF INSURANCE ADDLTYPE INSR WV0SUBRI POLICY NUMBER MMIDIDNYI l MMIDDI YYl LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 500,000 PREMISES Ea occurrence $ A CLAIMS -MADE OCCUR 9645227 /1/2015 /1/2016 MED EXP (Any one person) $ 25,000 PERSONAL BADV INJURY $ 1,000,000 X Contractual Liability GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 $ POLICYFX PRO X LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 BODILY INJURY (Per person) $ A X ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED 982985 /1/2015 /1/2016 AUTOS AUTOS PROPERTY DAMAGE $ Per. accident X X NON -OWNED HIRED AUTOS AUTOS X UMBRELLA LIAB X OCCUR CH OCCURRENCE $ 5,000,000 [AGGREGATE$ 5,000,000 B EXCESS LIAB CLAIMS -MADE DED I X I RETENTION$ 10,000 $ BE 020733086 /1/2015 4/1/2016 G' WORKERS COMPENSATION 9901450 (AOS) /1/2015 4/1/2016 X WC I IMIT OTH- AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE � E.L. EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? (Mandatory In NH) N / A 39901451 (CA) /1/2015 /1/2016 E.L. DISEASE - EA EMPLOYE $ 1,000,000 If yes, descrize under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Professional Liability 070831500 /1/2015 /1/2016 Per Claim $2,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Re: On -Call Traffic Engineering Services. The City of San Rafael, its officers, agents & employees are named as Additional Insureds on the above referenced liability policies with the exception of workers compensation & professional liability where required by written contract. City of San Rafael Nader Mansourian 111 Morphew Street San Rafael, CA 94915 ACORD 25 (2010/05) INS 025 (201005).01 Aft 10 Ly a IIII EF -111 Lei 01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE d Collings/JERRY ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and loco are registered marks of ACORD fih C40RDF CERTIFICATE OF LIABILITY INSURANCE, DATE (MM/DDYYI 3/19/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Greyling Insurance Brokerage 3780 Mansell Road Shite 370 Alpharetta GA 30022 CONTACT JerryNO Ola NAME:y PHONE (770)552 AIC -4225 A"� No: (866)550-4082 EDMRIL .jerry.noyola@greyling.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:National Union Fire Ins Co 19445 INSURED Kimley-Horn and Associates, Inc. P.O. Box 33068 Raleigh NC 27636 INSURERB:Commerce & Industry Insurance 19410 INSURERC:New Hampshire Insurance Company 23841 INSURER D:LlO d's of London 085202 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:15-16 (Kimley Janice) REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD/YYW LIMITS GENERAL LIABILITY EACH.00CURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 500,000 PREMISES Ea occurrence $ A CLAIMS -MADE F_x1 OCCUR 9645227 /1/2015 /1/2016 MED EXP (Any one person) $ 25,000 PERSONAL &ADV INJURY $ 1,000,000 X Contractual Liability GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 $ POLICYFX PRO X LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 BODILY INJURY (Per person) $ A X ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED 982985 /1/2015 /1/2016 AUTOS AUTOS PROPERTY DAMAGE $ Per accident X X NON -OWNED HIRED AUTOS AUTOS X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 B EXCESS LIAR CLAIMS -MADE DED I X I RETENTION$ 10,000 $ BE 020733086 /1/2015 /1/2016 C WORKERS COMPENSATION 39901450 (AOS) /1/2015 /1/2016 X I WC STATU- I OTH- AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/FXECUTIVE NIA E.L. EACH ACCIDENT $ 11000,000 E.L. DISEASE - EA EMPLOYE $ 11000,000 A (MOFFICER/MEMBER EXndaoryInNH) CLUDEDI 9901451 (CA) /1/2015 /1/2016 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Professional Liability P070831500 /1/2015 /1/2016 Per Claim $4,000,000 Aggregate $4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Re: Regional Transportation Enhancements Project; Kevin Aguigui. The City of San Rafael, its officers, agents, employees & volunteers are named as Additional Insureds on the above referenced liability policies with the exception of workers compensation & professional liability where required by written contract. The above referenced liability policies with the exception of professional liability are primary & non-contributory where required by written contract. Waiver of Subrogation is applicable where required by written contract & allowed by law. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, 30 days' written notice (except 10 days for tK 1 Wlk A 1 t t'1ULUtK City of San Rafael Dianne Mitchell 111 Morphew Street San Rafael, CA 94901 ACORD 25 (2010105) INS025 (201005).01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE d Collings/JERRY ✓'� ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: 9645227 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WIT" ! YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11 — Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an addi- tional insured on your policy. Such person or or- ganization is an additional insured only with re- spect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are com- pleted. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying ser- vices, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after. a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sureds) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: 9645227 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, NERS, L SSEES O CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations AS REQUIRED BY WRITTEN CONTRACT AS REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard." CG 20 37 07 04 0 ISO Properties, Inc.,2004 Page 1 of 1 0 ENDORSEMENT This endorsement, effective 12:01 A.M. 04/01/15 forms a part of policy No. 9645227 issued to KIMLEY-HORN AND ASSOCIATES, INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY COVERAGE FOR SPECIFIED PERSONS OR ORGANIZATIONS NAMED AS ADDITIONAL INSUREDS - ONGOING AND COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following paragraph is added to SECTION II - WHO IS AN INSURED and applies only to persons or organizations we have added to your policy as additional insureds by endorsement to comply with insurance requirements of written contracts relative to: a) the performance of your ongoing operations for the additional insureds; or b) "your work" performed for the additional insureds and included in the "products -completed operations hazard": This insurance is primary over any similar insurance available to any person or organization we have added to this policy as an additional insured. However, this insurance is primary over any other similar insurance only if the additional insured is designated as a named insured in the Declarations of the other similar insurance. We will not require contribution of limits from the other similar insurance if the insurance afforded by this endorsement is primary. This insurance is excess over any other valid and collectible insurance, whether primary, excess, contingent or on any other basis, if it is not primary as defined in the paragraph above. All other terms and conditions of the policy are the same 90533 (3/06) A(lthor�iz Representative or Countersignature (in States Where Applicable) Page 1 of 1 ENDORSEMENT This endorsement, effective 12:01 A.M. 04/01/15 forms a part of policy No. 4982985 issued to K I MLEY- HORN & ASSOC I ATES, I NC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND TO PROVIDE ADDITIONAL INSURED STATUS BUT ONLY TO THE EXTENT OF SUCH PERSON OR ORGANIZATIONS LIABILITY ARISING OUT OF THE USE OF A COVERED AUTO. SECTION II - LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. 87950 (10/05) Ahihorized Rel3iesentative or Countersignature (in States Where Applicable Page 1 of 1 BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement Is Issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 0 4 / 01 / 15 forms a part of Policy No. 3 9 9 014 51 Issued to KIMLEY-HORN AND ASSOCIATES, INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be 2.00 % of the total estimated workers compensation premium for this policy. WG 04 03 61 Countersigned by_________________� (Ed. 11/90) ------------ Authorized Representative PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department Date 1 City Attorney Review, revise, and comment on draft agreement. 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). 4 City Attorney Review and approve form of agreement; bonds, and insurance certificates and xrz�t endorsements. 4 5 City Manager / Mayor / or Agreement executed by Council authorized Department Head official. 6_ City Clerk City Clerk attests signatures, retains original s agreement and forwards copies to the yon 'll4 contracting department. To be completed by Contracting Department: g Project Name: & Project Manager: ..�, r.�; �,�a � � � �..,.� P�� �„°° Agendized for City Council Meeting of (if necessary): If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis. CITY OF SAN RAFAEL ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. DATE OF MEETING: 07-06-15 FROM: Kevin McGowan DEPARTMENT: PUBLIC WORKS DATE: 06-23-15 TITLE OF DOCUMENT: SUPJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS TO EXECUTE AN AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR VARIOUS TRAFFIC ENGINEERING SERVICES IN AN AMOUNT NOT TO EXCEED $60,000.00. �,' Department Head (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY ANDA ITEM: City Manager �(Iigll nature) NOT APPROVED REMARKS: APPROVED AS TO FORM: A -C.- J, ��' City Attorney (signature) File No.: 01.01.02.01