HomeMy WebLinkAbout08/21/2007, C11 - CITY WIDE TRAFFIC VOLUME COUNTS, SPECIFICATION NO. 90653 council M26,Dw Op^1
�LI1LOO7
agenba RepoRt C✓/
CITY OF SAN LUIS OBISPO
FROM: Jay Walter, Public Works Direct
Prepared By: Jake Hudson, Engin III Traffic�3<
SUBJECT: CITY WIDE TRAFFIC VOLUME COUNTS,SPECIFICATION NO. 90653
CAO RECOMMENDATION
1. Award a contract to City Traffic Counters, LLC. of Pasadena, CA in the amount of$43,625
for conducting city wide traffic volume counts, specification no. 90653.
2. Approve a transfer of$2,061 from the Completed Projects account to the project account.
DISCUSSION
Every two years the City conducts traffic counts at various locations throughout the City to collect
data necessary for calibration of the City's travel demand model, calculation of collision rates for
priority assessment in the City's annual traffic safety report, operational capacity analysis, traffic
signal timing and other various traffic engineering applications throughout the City. This year staff
has identified 192 segment count locations and 99 intersection count locations. This year's round of
traffic counts are particularly important with the augmentation of existing programs (i.e.
Neighborhood Traffic Management Program) and the introduction of new programs (i.e. Traffic
Congestion Management Plan) as part of the 2007-09 Financial Plan. These programs rely heavily on
up to date traffic volume data.
On July 3, 2007, the City Council authorized staff to advertise the project. Three bids were received
and opened on July 26, 2007. The low bid of$43,625 submitted by City Traffic Counter, LLC. of
Pasadena, CA is $2,625 or 6% over the engineer's estimate of $41,000. Subsequent review and
comparison of the estimate and bids along with general comments from consultants suggests this
minor variance is due to rising equipment and labor costs.
FISCAL IMPACT
This project is identified in the 2005-07 Financial Plan (page E-7) and Appendix B (pages 133 and
134) where $45,000 is allocated for use on this project from the Transportation Impact Fee Fund. The
low bid for this project is $43,625 in conjunction with a 10% contingency of$4,362, there is a budget
shortfall of$2,987. Staff recommends reducing the contingency amount to $3,436 and transferring
the remaining funding necessary to complete this project from the completed projects account.
Contingencies for this type of project are not as critical as for construction projects, as they typically
just cover any additional counts that maybe requested during the contract time. This does reduce
Staff's ability to add additional counts to the contract by about half, however any further count
requests beyond the proposed project budget may be funded out of the contract services account as an
"Over-The-Counter" purchase.
A summary of the project cost is shown below:
2005-07 2005-07 Financial Completed New
Financial Plan Projects Project
Plan Reduced Contingency Account Total
Engineer's Estimate: $41,000 $41,564 N/A N/A
Study $41,000 $41,564 $2,061 $43,625
Contingencies: $4,000 $3,436 $0 $3,436
Project Total: $45,000 $45,000 $2,061 $47,061
Funds Available: $45,000 $45,000 $2,061 $47,061
The current balance of the completed projectsaccount is $2,061.
ALTERNATIVES
The Council may defer this project until a later date. Staff does not recommend deferral as it will
inhibit among other things; intersection& segment analysis in the 2007 Annual Traffic Safety Report,
Citywide traffic signal operations optimization, development / management of the City's travel
demand model, and implementation of the 2007-09 major City goal focused on traffic congestion
relief.
ATTACHMENTS
1. Bid summary
2. Agreement
G:\Staff-Reports-Agendas-Minutes\_CAR\2007\Transponation\Traffic\90653 Traffic Volume Counts\90653 Award.Doc
ell-Z
CL § o 0 .
3 .
( § � 0 )
§ (
mo
w » »
0 ) §
§ §
k k< EL� � k § \
CD
a ® 0 Of
£ a & §
\ § §
0.
;
to ® w k \
) ) ii
} /
7 / ) M § .
§
ul
ul .
ui
LU
cr
� .2
2 > ) § i .
se ° ! - a .
§ J ) ) r
CO - - -
-j & -
z � � 4
■ G § ( .
0
ATTACHMENT 2
__..�_73._.t
City o san lugs oBISPU
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on 2007 by
and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and CITY
TRAFFIC COUNTERS, LLC., hereinafter referred to as Consultant.
WITNESSETH
WHEREAS, on July 7, 2007, requested proposals for City Wide Traffic Volume Counts per Specification
No. 90653.
WHEREAS, pursuant to said request, Consultant submitted a proposal that was accepted by City for said
services.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter
contained, the parties hereto agree as follows:.
1. Tenn. The term of this Agreement shall be from the date this Agreement is made and entered, as first written
above, until acceptance or completion of said services.
2. Start and Completion of Work. Work on this project shall begin within 7 calendar days after contract
execution and shall be completed within 332 calendar days thereafter.
3. Contract Term for On-Call Service Contracts. The services identified in this specification will be used by the
City between September 2007 and May 2008.
4. Contract Extension and Cost Increases for On-call Service Contracts. The term of the contract may be
extended by mutual consent for an additional year. During this extended period, labor rates may be increased
to reflect increased labor costs and overhead at each 1 year contract anniversary, provided the City is notified
of the increases in advance.
5. Liquidated Damages. In the event that the Consultant does not meet the work completion date specified in its
proposal, the award amount shall be reduced in the amount of $500 per calendar day for each day that
exceeds the completion date specified in the Consultant's proposal. As the delay in the completion of work
could seriously affect the public and the efficient operation of the City to an extent incapable of precise
calculation, said reduction is established as the nearest measure of damages for such delay that can be fixed
at this time, and is not established as a penalty or forfeiture for the breach of agreement to complete the work.
Said reductions may be invoked if completion of work exceeds the specified time for any reason.
6. Work Delays. Should the Consultant be obstructed or delayed in the work required to be done hereunder by
changes in the work or by any default, act, or omission of the City, or by strikes, flee, earthquake, or any other
Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions
arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended
for such periods as may be agreed upon by the City and the Consultant. In the event that there is insufficient
time to grant such extensions prior to the completion date of the contract, the City may, at the time of
acceptance of the work, waive liquidated damages that may have accrued for failure to complete on time, due
to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the
causes of same.
7. Termination. If, during the term of the contract, the City determines that the Consultant is not faithfully abiding
by any term or condition contained herein, the.City may notify the Consultant in writing of such defect or failure
to perform. This notice must give the Consultant a 10 (ten) calendar day notice of time thereafter in which to
perform said work or cure the deficiency.
If the Consultant has not performed the work or cured the deficiency within the ten days specified in the notice,
such shall constitute a breach of the contract and the City may terminate the contract immediately by written
e//-S/
ATTACHMENT 2
notice to the Consultant to said effect. Thereafter, neither party shall have any further duties, obligations,
responsibilities, or rights under the contract except, however, any and all obligations of the Consultant's surety
shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the
termination thereof.
In said event, the Consultant shall be entitled to the reasonable value of its services performed from the
beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any
offset from such payment representing the City's damages from such breach. "Reasonable value" includes
fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by
the Consultant as may be set forth in the Agreement payment schedule; compensation for any other work,
services or goods performed or provided by the Consultant shall be based solely on the City's assessment of
the value of the work-in-progress in completing the overall workscope.
The City reserves the right to delay any such payment until completion or confirmed abandonment of the
project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of
costs. In no event, however, shall the Consultant be entitled to receive in excess of the compensation quoted
in its proposal.
If, at any time during the term of the contract, the City determines that the project is not feasible due to funding
shortages or unforeseen circumstances, the City reserves the right to terminate the contract. Consultant will be
paid compensation due and payable to the date of termination.
8. Ability to Perform. The Consultant warrants that it possesses, or has arranged through subcontracts, all
capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work
hereunder in compliance with any and all applicable federal, state, county, city, and special district laws,
ordinances, and regulations.
9. Sub-contract Provisions. No portion of the work pertinent to this contract shall be subcontracted without
written authorization by the City, except that which is expressly identified in the Consultant's proposal. Any
substitution of sub-consultants must be approved in writing by the City. For any sub-contract for services in
excess of$25,000, the subcontract shall contain all provisions of this agreement.
10. Contract Assignment. The Consultant shall not assign, transfer, convey or otherwise dispose of the contract,
or its right, title or interest, or its power to execute such a contract to any individual or business entity of any
kind without the previous written consent of the City.
11. Inspection. The Consultant shall furnish City with every reasonable opportunity for City to ascertain that the
services of the Consultant are being performed in accordance with the requirements and intentions of this
contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and
approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its contract
requirements.
12. Record Retention and Audit. For the purpose of determining compliance with various laws and regulations
as well as performance of the contract, the Consultant and sub-consultants shall maintain all books,
documents, papers, accounting records and other evidence pertaining to the performance of the contract,
including but not limited to the cost of administering the contract. Materials shall be made available at their
respective offices at all reasonable times during the contract period and for three years from the date of final
payment under the contract. Authorized representatives of the City shall have the option of inspecting and/or
auditing all records. For Federally funded projects, access to records shall also include authorized
representatives of the State and Federal government. Copies shall be fumished if requested.
13. Conflict of Interest. The Consultant shall disclose any financial, business, or other relationship with the City
that may have an impact upon the outcome of this contract, or any ensuing City construction project. The
Consultant shall also list current clients who may have a financial interest in the outcome of this contract, or any
ensuing City construction project which will follow.
The Consultant covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or
otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The
Consultant further covenants that, in the performance of this work, no sub-consultant or person having such an
interest shall be employed. The Consultant certifies that no one who has or will have any financial interest in
City Wide Traffic Volume Counts, Spec. #90653 Page 2 of 7
ATTACHMENT 2
performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the
performance of the work hereunder, the Consultant shall at all times be deemed an independent Consultant
and not an agent or employee of the City.
14. Rebates, Kickbacks or Other Unlawful Consideration. The Consultant warrants that this contract was not
obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any
City employee. For breach or violation of the warranty, the City shall have the right in its discretion; to
terminate the contract without liability; to pay only for the value of the work actually performed; to deduct from
the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
15. Covenant Against Contingent Fees. The Consultant warrants by execution of this contract that no person or
selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or
understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Consultant for the purpose of securing
business. For breach or violation of this warranty, the City has the right to annul this contract without liability;
pay only for the value of the work actually performed, or in its discretion, to deduct from the contract price or
consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent
fee.
16. Compliance with Laws and Wage Rates. The Consultant shall keep itself fully informed of and shall observe
and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances,
regulations and adopted codes during its performance of the work. This includes compliance with prevailing
wage rates and their payment in accordance with California Labor Code. For purposed of this paragraph,
"construction" includes work performed during the design and preconstruction phases of construction, including
but not limited to, inspection and land surveying work.
17. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Consultant is
required to pay.
18. Permits and Licenses. The Consultant shall procure all permits and licenses, pay all charges and fees, and
give all notices necessary.
19. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety established
by OSHA and the California Division of Industrial Safety.
20. Public and Employee Safety. Whenever the Consultant's operations create a condition hazardous to the
public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such
fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures
as are necessary to prevent accidents or damage or injury to the public and employees.
21. Preservation of City Property. The Consultant shall provide and install suitable safeguards, approved by the
City, to protect City property from injury or damage. If City property is injured or damaged resulting from the
Consultant's operations, it shall be replaced or restored at the Consultant's expense. The facilities shall be
replaced or restored to a condition as good as when the Consultant began work.
22. Immigration Act of 1986. The Consultant warrants on behalf of itself and all sub-consultants engaged for the
performance of this work that only persons authorized to work in the United States pursuant to the Immigration
Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work
hereunder.
23. Consultant Non-Discrimination. In the award of subcontracts or in performance of this work, the Consultant
agrees that it will not engage in, nor permit such sub-consultants as it may employ, to engage in discrimination
in employment of persons on any basis prohibited by State or Federal law.
24. Accuracy of Specifications. The specifications for this project are believed by the City to be accurate and to
contain no affirmative misrepresentation or any concealment of fact. Consultants are cautioned to undertake
an independent analysis of any test results in the specifications, as City does not guaranty the accuracy of its
interpretation of test results contained in the specifications package. In preparing its proposal, the Consultant
and all sub-consultants named in its proposal shall bear sole responsibility for proposal preparation errors
resulting from any misstatements or omissions in the specifications that could easily have been ascertained by
City Wide Traffic Volume Counts, Spec. #90653 Page 3 of 7
ell -�
i
ATTACHMENT 2
examining either the project site or accurate test data in the City's possession. Although the effect of
ambiguities or defects in the specifications will be as determined by law, any patent ambiguity or defect shall
give rise to a duty of Consultant to inquire prior to proposal submittal. Failure to so inquire shall cause any
such ambiguity or defect to be construed against the Consultant. An ambiguity or defect shall be considered
patent if it is of such a nature that the Consultant, assuming reasonable skill, ability and diligence on its part,
knew or should have known of the existence of the ambiguity or defect. Furthermore, failure of the Consultant
or sub-consultants to notify City in writing of specification defects or ambiguities prior to proposal submittal shall
waive any right to assert said defects or ambiguities subsequent to submittal of the proposal.
To the extent that these specifications constitute performance specifications, the City shall not be liable for
costs incurred by the successful Consultant to achieve the project's objective or standard beyond the amounts
provided therefor in the proposal.
In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity
or defect in the specifications, or any other matter whatsoever, Consultant shall immediately notify the City in
writing, and the Consultant and all sub-consultants shall continue to perform, irrespective of whether or not the
ambiguity or defect is major, material, minor or trivial, and irrespective of whether or not a change order, time
extension, or additional compensation has been granted by City. Failure to provide the hereinbefore described
written notice within one (1) working day of Consultant's becoming aware of the facts giving rise to the dispute
shall constitute a waiver of the right to assert the causative role of the defect or ambiguity in the plans or
specifications concerning the dispute.
25. Hold Harmless and Indemnification. The Consultant agrees to defend, indemnify, protect and hold the
City and its agents, officers and employees harmless from and against any and all claims asserted or
liability established for damages or injuries to any person or property, including injury to the
Consultant's employees, agents or officers, that arise from or are connected with or are caused or
claimed to be caused by the acts or omissions of the Consultant, and its agents,:officers or employees,
in performing the work or services herein, and all expenses of investigating and defending against
same;provided, however, that the Consultant's duty to indemnify and hold harmless shall not include
any claims or liability arising from the established sole negligence or willful misconduct of the City, its
agents, officers or employees.
26. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this proposal from
other consultants during the contract term.
27. Standards. Documents shall conform to City Standards and City furnished templates shall be used.
28. Consultant Endorsement. Technical reports, plans and specifications shall be stamped and signed by the
Consultant where required.
29. Ownership of Materials. Upon completion of all work under this contract, ownership and title to all reports,
documents, plans, specifications, and estimates produced as part of this contract will automatically be vested in
the city and no further agreement will be necessary to transfer ownership to the City. The Consultant shall
furnish the City all necessary copies of data needed to complete the review and approval process.
It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine
readable form, are intended for one-time use in the construction of the project for which this contract has been
entered into.
The Consultant is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or
misuse by the City of the machine-readable information and data provided by the Consultant under this
agreement. Further, the Consultant is not liable for claims, liabilities, or losses arising out of, or connected with
any use by City of the project documentation on other projects, except such use as may be authorized in writing
by the Consultant.
30. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by
or assembled by the Consultant as part of the work or services under these specifications shall be the property
of City and shall not be made available to any individual or organization by the Consultant without the prior
written approval of the City.
City Wide Traffic Volume Counts, Spec. #90653 Page 4 of 7
ell-
l 1 ATTACHMENT 2
The Consultant shall not issue any news release or public relations item of any nature, whatsoever, regarding
work performed or to"be performed under this contract without prior review of the contents thereof by the City
and receipt of the City's written permission. .
31. Copies of Reports and Information. If the City requests additional copies of reports, drawings,
specifications, or any other material in addition to what the Consultant is required to furnish in limited quantities
as part of the work or services under these specifications, the Consultant shall provide such additional copies
as are requested, and City shall compensate the Consultant for the costs of duplicating of such copies at the
Consultant's direct expense.
32. Attendance at Meetings And Hearings. As part of the workscope and included in the contract price is
attendance by the Consultant at up to [number] public meetings to present and discuss its findings and
recommendations. Consultant shall attend as many "working" meetings with staff as necessary in performing
workscope tasks.
33. Permit and Filing Fees. The Consultant shall procure all permits, and licenses, pay all charges and fees and
file all notices necessary as they pertain to the completion of the Consultant's work. The City will pay all
application fees for permits required for the completion of the project work. The City requires a 10 day notice to
issue a check.
34. Consultant Invoices. The Consultant shall deliver a monthly invoice to the City, itemized by project work
phase or, in the case of on-call contracts, by project title. Invoice must include a breakdown of hours billed and
miscellaneous charges and any sub-consultant invoices, similarly broken down, as supporting detail.
35. Payment. For providing services as specified in this Agreement, City will pay and Consultant shall receive
therefore compensation. Should the Consultant's designs, drawings or specifications contain errors or
deficiencies, the Consultant shall be required to correct them at no increase in cost to the City.
36. Payment Terns. The City's payment terms are 30 days from the receipt of an original invoice and acceptance
by the City of the materials, supplies, equipment or services provided by the Consultant(Net 30). .
37. Resolution of Disputes. Any dispute, other than audit, concerning a question of fact arising under this
contract that is not disposed of by agreement shall be decided by a committee consisting of the City's Project
Manager and the City Director of Public Works, who may consider written or verbal information submitted by
the Consultant: Not later than thirty days after completion of all deliverables necessary to complete the plans,
specifications and estimate, the Consultant may request review by the City Council of unresolved claims or
disputes, other than audit, in accordance with Chapter 1.20 Appeals Procedure of the Municipal Code.
Any dispute concerning a question of fact arising under an audit of this contract that is not disposed of by
agreement, shall be reviewed by the City's Chief Fiscal Officer. Not later than 30 days after issuance of the
final audit report, the Consultant may request a review by the City's Chief Fiscal Officer of unresolved audit
issues. The request for review must be submitted in writing.
Neither the pendency of a dispute, nor its consideration by the City will excuse the consultant from full and
timely performance in accordance with the terms of this contract.
City Wide Traffic Volume Counts, Spec. #90653 Page 5 of 7
ell/ 8'
\ ATTACHMENT
38. Agreement Parties. J
City: Jake Hudson Consultant: City Traffic Counters, LLC
City of San Luis Obispo Roxanne Lopez
919 Palm Street 3579 Foothill Blvd.,#153
San Luis Obispo, CA 93401 Pasadena, CA 91107
All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or
certified mail addressed as shown above.
39. Incorporation by Reference. City Request for Proposal Specification No. 90653 and Consultant's proposal
dated July 25, 2007, are hereby incorporated in and made a part of this Agreement.
40. Amendments. Any amendment, modification or variation from the terms of this Agreement shall be in writing
and shall be effective only upon approval by the City Engineer. If, at any time during the project, the consultant
is directed to do work by persons other than the City Project Manager and the Consultant believes that the work
is outside of the scope of the original contract, the Consultant shall inform the Project Manager immediately. If
the Project Manager and Consultant both agree that the work is outside of the project scope and is necessary
to the successful completion of the project, then a fee will be established for such work based on Consultant's
hourly billing rates or a lump sum price agreed upon between the City and the Consultant. Any extra work
performed by Consultant without prior written approval from the City Project Manager shall be at Consultant's
own expense.
41. Complete Agreement. This written agreement, including all writings specifically incorporated herein by
reference, shall constitute the complete agreement between the parties hereto. No oral agreement,
understanding or representation not reduced to writing and specifically incorporated herein shall be of any force
or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties
hereto. For and in consideration of the payments and agreements hereinbefore mentioned to be made and
performed by City, Consultant agrees with City to do everything required by this Agreement, the said
specification and incorporated documents.
Authority to Execute Agreement. Both City and Consultant do covenant that each individual executing this
agreement on behalf of each party is a person duly authorized and empowered.to execute Agreements for such
party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first
above written.
ATTEST: CITY OF SAN LUIS OBISPO:.
Audrey Hooper, City Clerk David Romero, Mayor
APPROVED AS TO FORM: CONSULTANT:
Jonathan Lowell, City Attorney CITY TRAFFIC COUNTERS, LLC
BY:
City Wide Traffic Volume Counts, Spec. #90653 Page 6 of 7
e//- 9
ATTACHMENT 2
INSURANCE REQUIREMENTS: Consultant Services
The Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work hereunder
by the Consultant, its agents, representatives, employees or sub-consultants.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87)covering Automobile Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate
limit shall apply separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and
approved bythe City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the City;its officers, officials, employees and volunteers; or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed
to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Consultant; products and completed operations
of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired
or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection
afforded to the City, its officers, official, employees, agents or volunteers.
2. .For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the
Consultant's insurance and shall not contribute with it.
3. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended,
voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the City. The Consultant agrees to notify
the City in the event that the policy is suspended, voided or reduced in coverage or limits. A minimum of 30
days prior written notice by certified mail, return receipt requested, will be provided.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
A:VII.
Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing maintenance of
the required insurance.coverage. Original endorsements effecting general liability and automobile liability coverage
required by this clause must also be provided. The endorsements are to be signed by a person authorized by that
insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work
commences.
City Wide Traffic Volume Counts, Spec. #90653 Page 7 of 7