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PW Environmental Consulting Services; Raney Planinng & Mgmt.AGREEMENT FOR PROFESSIONAL SERVICES FOR ENVIRONMENTAL CONSULTING SERVICES This Agreement is made and entered into this 12th day of April, 2016, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Raney Planning & Management, Inc. (hereinafter "CONTRACTOR"). RECITALS WHEREAS, CITY desires to enter into contract with finn(s) capable of assisting CITY in preparation of environmental documents, technical studies, written reports to City Council, permit applications and negotiations with regulatory agencies, and other environmental consulting services on an as -needed basis; and WHEREAS, CONTRACTOR is experienced, able and qualified to provide these services; AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: PROJECT COORDINATION. A. CITY'S Project Manager. The Assistant Public Works Director 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. Cindy Gnos 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 as follows: Preparation of environmental documents for Capital Improvement Projects, technical studies, and written reports to City Council, permit applications and negotiations with regulatory agencies, consultation with City staff, and other environmental consulting services, including contracting with sub -consultants, on an as -needed basis as may requested by the PROJECT MANAGER by written Task Order from time to time. Services shall be provided in accordance with the terms of this Agreement, the Request for Qualifications dated February 25, 2016 (Exhibit B), CONTRACTOR's Proposal/Statement of Qualifications dated March 15, 2016 (Exhibit A), and the Task Order issued by CITY for each specific assignment. i �Aryxa I � U_3,, (Plvq vit.- 3. DUTIES OF CITY. CITY shall pay compensation as provided in Paragraph 4, and perform duties as follows: Issue a written Task Order for each assignment, and coordinate as needed with City staff and resources. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR as follows: For all services rendered during the term of this Agreement, on a time and materials basis in accordance with the 2016 Billing Rates included in Exhibit A, and with a not -to -exceed amount as identified in each Task Order. The cumulative total amount of all Task Orders issued under this Agreement shall not exceed $20,000, including authorized expenses. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. Invoices shall include Task Order number, amount billed to date and amount remaining in Task Order, period of service, hours and rates of personnel, and backup for all expenses. Overhead rate for expenses shall not exceed 10%. 5. TERM OF AGREEMENT. The term of this Agreement shall be for two years, commencing on April 1, 2016 and ending on March 31, 2018, or sooner if and when the cumulative amount of all Task Orders reach $20,000. 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 (30) days after termination. 7. OWNERSHIP 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. 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 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 one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) 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. 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, 4 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 policv 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. 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 willfiil 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 fiillest 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 willfiil 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 W, 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. 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 pernitted 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: Kevin McGowan, Assistant Public Works Director City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 TO CONTRACTOR's Project Director: Cindy Gnos, Senior Vice President Raney Planning & Management, Inc. 1501 Sports Drive, Suite A Sacramento, CA 95834 16. INDEPENDENT CONTRACTOR. 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. 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. 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 perfonned 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 JI4SCTZ, City ager ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: 9 - J� ROBERT F. EPSTEIN, ity Altey CONTRACTOR By: �� 'Al-�._ ) Name: ISS Title: Sc 11"rlu Attachments: Exhibit A — Proposal/Statement of Qualifications Exhibit B — Request for Qualifications WA01 Administration\01.01 Agreements\01.01.02.01 CIP Agreements\38. On -Call Environmental Services\Raney\Raney Professional Services Agreement - On call environmental - draft 3 -24 -16 -City Att rev 04 04 16 -revised 04 07 16.docx Corporate Office: 1501 Sports Drive, Suite A Sacramento, CA 95834 Office: (916) 372-6100 Fax: (916) 419-6108 info xanevmanacement.com Senior Vice President RANEY City of San Rafael Request for Qualifications On -Call Environmental Services Exhibit A RANEY PLANNING &MANAGEMENT, INC March 15, 2016 Mr. Dean Allison Director of Public Works City of San Rafael 111 Morphew Street San Rafael, CA 94901 W W W.RANEYMANAGEMENT.COM NORTHERN CALIFORNIA 1501 SPORTS DRIVE SUI1 E SACRAMENTO, CA 95834 TEL: 916.372.6100 • FAX: 916.419.6108 Re: Request for Qualifications (RFQ) for On -Call Environmental Services Dear Mr. Allison: On behalf of Raney Planning & Management, Inc. (Raney), I am pleased to submit our Statement of Qualifications for the provision of on-call environmental consulting services to the City of San Rafael. Raney is a professional consulting firm, providing public sector clients with enviromnental and planning services throughout northern and southern California since 1999. The following Statement of Qualifications summarizes Raney's experience and expertise in preparing enviromnent documents for public works and infiastructure-related projects. Raney's recent relevant experience includes projects such as South of U.S. Highway 50 Backbone Infi•astructure Initial Study for the City of Folsom, the Galt Wastewater Treatment Plant Solar Power Purchase Agreement Initial Study, and El Dorado County Public Safety Facility CEQA Environmental Impact Report and NEPA Environmental Assessment. Raney has also prepared environmental documents for road widening projects, sewer systems, and solid waste transfer stations, and utility master plans, among other projects. Raney also has extensive experience serving as on-call consultants for various cities and counties throughout California, including cities such as Antioch, Pinole, Galt, Sacramento, and the County of Placer to name a few. If selected to be on the City of San Rafael's on-call list of environmental consultants, Raney is able to execute a contract with the City under the Agreement for Professional Services, as provided with the RFQ. It should be noted that Raney is able to meet the insurance requirements as indicated in the RFQ; however, the insurance requirements listed in the Agreement for Professional Services vary from the RFQ and Raney is not able to meet such requirements. Raney will coordinate with the City to confirm the necessary insurance coverage and will provide the City with the appropriate certificates of insurance accordingly. Raney will further provide the City with a detailed scope of work, schedule, and budget for each project as identified under the on-call contract. Thank you for the opportunity to submit our Statement of Qualifications for your consideration. If you have any questions regarding our services or qualifications, please feel fi•ee to contact me. We look forward to the opportunity to work with you and the City of San Rafael. Thank you, 6t AW4_-J Cindy Gnos, AICP, Senior Vice President cindygnos@raneyinanagement.com of Contests I. Firm Qualifications & the Raney Team II. Specific Experience 8 III. References 16 IV. Hourly Billing Rates 17 Appendix A: Resumes � RANEY s I. FIRM QUALIFICATIONS & THE RANEY TEAM FIRM QUALII+ICATIONS Raney Planning & Management, Inc. (Raney) is an independent and privately -owned professional consulting finn that has been providing public and private sector clients with land use planning and environmental consulting services since 1999. The firm consists of three divisions, including environmental and planning, air quality, and affordable housing. The environmental and planning division specializes in CEQA and NEPA processing, public facilitation, preparing planning policy documents, and contract planning services. Complementing Raney's CEQA and NEPA services, the air quality division works closely with lead agency staff and local air districts to prepare air quality impact studies, air quality mitigation plans, greenhouse gas (GHG) analyses, GHG reduction plans, climate action plans, and health risk assessments. Finally, the Laurin Associates division of the firm provides affordable housing consulting services, including market studies, residential relocation, grant applications and administration, and prevailing wage and labor compliance monitoring. The following Statement of Qualifications focuses on Raney's experience and expertise in providing CEQA and NEPA environmental review services for public works and infrastructure -related projects. Additional infonnation regarding the air quality and affordable housing divisions of Raney is available upon request. Raney specializes in the CEQA/NEPA process and is able to successfully navigate a wide variety of projects through the enviromnental review process. Over the past fifteen years, Raney has completed over 500 CEQA, NEPA, and planning related projects, ranging from unique and complex projects such as the Curtis Park Village and Remedial Action Plan EIR for the City of Sacramento to publicly controversial projects such as the Newman Ridge EIR for Amador County and Galt Walmart EIR for the City of Galt. Raney's relevant public works experience and infrastructure -related experience includes preparing Initial Studies, Environmental Assessments, and Environmental Impact Reports for road widening projects, sewer systems, wastewater treatment plants and solid waste transfer stations, as well as public safety facilities and utility master plans. Raney also recognizes that public works projects will often involve federal funding, thus triggering National Environmental Policy Act (NEPA) compliance. Raney's NEPA experience includes preparing combined Initial Studies and Environmental Assessments for projects such as the S Street Brick Sewer for Cal EPA in the City of Sacramento and the Ciolino project for the City of Morgan Hill as well as an Environmental Assessment for the City / PCP Pipeline Project for CDBG in the City of Oroville. Raney has also prepared numerous Environmental Assessments for development projects, working with agencies such as the U.S. Department of Housing and Urban Development (HUD), State Department of Housing and Community Development (HCD), U.S. Department of Agriculture (USDA), and Caltrans. 1 RAN EY Caltrans is responsible for carrying out the environmental review for projects receiving federal funding through the Federal Highway Administration. Raney is familiar with Caltrans' Standard Environmental Reference and Annotated Outlines for MNDs, EIRs, EAs, and EISs. Caltrans uses the Preliminary Environmental Study (PES) Form for all Local Assistance projects. The PES includes a checklist that establishes the basis for any needed technical studies, and is used to identify the likely environmental clearance. The PES is also used to identify environmental permits that will be needed for the project. Raney has experience with Caltrans PES form, having prepared a PES for the Casa Del Sol project in the City of Woodland, which involved various roadway improvements associated with a proposed affordable housing project. Raney also has extensive experience processing publicly sensitive projects, such as the Mace Ranch Innovation Center EIR for the City of Davis, the Curtis Park Village and Remedial Action Plan EIR for the City of Sacramento, the Newman Ridge EIR for Armador County, and the Galt Wahmart EIR for the City of Galt. A detailed project history has been provided in Section II, Specific Experience, below. Raney will serve as the prime consultant, sub -contracting with appropriate technical experts as needed, in providing environmental consulting services to the City of San Rafael. Raney's approach is to serve as an extension of lead agency staff, providing the management core of the company on every project in order to ensure that our clients receive the highest level of expertise. President Tim Raney, AICP, and Senior Vice President Cindy Gnos, AICP, have both served as local government planning staff and have a unique understanding of the issues facing local government planning staff. Together with Raney's key management staff, Mr. Raney and Ms. Gnos are dedicated to providing high quality client services with a hands-on, direct, and problem -solving approach. Additional information regarding Raney's key staff member qualifications have been provided below. 2 RANEY THE RANEY TEAM Raney manages its staff in a very timely and cost-efficient manner. Company President Tim Raney, AICP, has been serving as Principal for over seventeen years. Senior Vice President Cindy Gnos, AICP, joined the firm in 2000 and has been with Raney for more than sixteen years. Since the fire's establislunent, Raney has maintained the same key management staff it has had for over a decade. Vice President Nick Pappani has been with Raney for over fourteen years and Division Manager Air Quality Specialist Rod Stinson has been with Raney for over eleven years. Together, the management team oversees a staff of writers and administrative personnel. Unlike many of the larger EIR firms, Raney provides each of its clients with the management core of the company. This provides our clients with the greatest level and depth of experience on each project, as well as specialized client services. Senior Vice President Cindy Gnos, AICP, will serve as the project director, and will be responsible for overseeing preparation of all environmental documents. Vice President Nick Pappani would serve as the Project Manager. The Project Manager will responsible for handling the day-to-day activities of the environmental document preparation, coordinating with the City and the technical consultants if necessary, and responding to staff inquiries about methodologies and processes associated with the project. As mentioned, Raney will provide the City with a complete scope of services, including schedule and cost estimate by task based on hours, for each project. Each scope of services will be approved individually to ensure all of the City's needs are met for each project. Ms. Gnos and Mr. Pappani will be assisted by President Tim Raney, AICP, and Division Manager i Air Quality Specialist Rod Stinson as needed in project management, and by Raney Associate staff as support. Below, please find a brief description of qualifications for President Tim Raney, AICP, Senior Vice President Cindy Gnos, AICP and key management staff. Resumes are available in Appendix A. Cindy Gnos, AICP — Senior Vice President 2000 -Present Role: Project Director As Raney's Senior Vice President, Ms. Gnos brings nearly thirty years of experience in environmental and municipal planning. Ms. Gnos has a broad understanding of local government goals and objectives having previously served as local government planning staff for the cities of Sacramento and Dixon. As Raney's Senior Vice President, Ms. Gnos has managed over 400 environmental and planning projects, including Initial Studies, Environmental Impact Reports, Zoning Ordinances, and special planning projects. Ms. Gnos also has extensive experience serving as a contract planner, providing services such as application and design review, preparing staff reports, and presenting at public hearings. Ms. Gnos has processed a wide variety of projects ranging from standard residential, commercial, mixed-use, and industrial projects to program -level annexations, large-scale specific plans, and general plan projects. 3 RANEY Ms. Gnos is a seasoned public speaker, having made hundreds of presentations before community groups, planning commissions, city councils, and boards of supervisors. With this combination of skills and knowledge, Ms. Gnos can create and implement effective strategies to complete a comprehensive environmental document and development review process. Ms. Gnos has a Bachelor of Science degree in City and Regional Planning from California Polytechnic State University, San Luis Obispo. RELEWANT PROJECTS: • Cal Waste Recycling Processing Center Initial Study, City of Galt • Twin Cities Road Widening Initial Study, City of Galt • Galt Utility Master Plan Initial Study, City of Galt • TYastewater Treatnnent Plant Solar Power Purchase Agreement Initial Study, City of Galt • S Street Brick Sewer Combined Environmental Assessment IInitial Study, City of Sacramento • Woodland Water Pollution Control Facility Solar Power Purchase Agreennent Initial Study, City of Woodland • Kibbe Road EIR, Yuba County • Lone Tree Way Undercrossing EIR, City ofBrenhvood • Brenhvood Solid Waste Transfer Station Initial Study, City ofBrenhvood • O'Hara Avenue Widening Initial Study, City of Oakley • Freeport Boulevard and 21" Street EIR, City of Sacrannento • Oak Park Regional Storage Facility Initial Study, City of Sacramento • Dixon Main Drain EIR and Addenndunn, Dixon Regional Watershed Joint Powers Authority Nick Pappani —'Tice President 2002 -Present Role: Project Manager Mr. Pappani brings over seventeen years of environmental and planning experience to the Raney team. As Raney's Vice President, Mr. Pappani has served as the Project Manager for over 90 CEQA and NEPA documents for jurisdictions throughout northern and southern California as well as prepared and/or processed well over 100 projects. Mr. Pappani has worked on a broad variety of projects, including residential, commercial, and industrial as well as unique projects such as solar generating facilities and vineyard plans involving timberland conversion. In addition, Mr. Pappani has provided planning services to a variety of jurisdictions seeking professional assistance with expeditiously and effectively processing projects within their jurisdiction. Planning services provided by Mr. Pappani include, but are not limited to, preparing staff reports and conditions of approval, application review, and zoning code updates. Mr. Pappani is experienced in working with various agency departments to draft a comprehensive set of conditions of approval, and to prepare other staff report attachments such as approval resolutions and ordinances. Mr. Pappani is also an articulate speaker, having given hundreds of presentations before decision -makers and the public, including answering questions related to /,,!� 4 RANEY Raney"s environmental and planning documents. Mr. Pappani has a Bachelor of Science degree in Wildlife Biology from Humboldt State University, Arcata, California. RELEVANT PROJECTS: • Public Safety Facility EIR and EA, El Dorado County • Dixon Main Drain EIR and EIR Addendum, Dixon Regional Joint Powers Authol*3! • Pinole Water Pollution Control Plan Environmental Consulting Sen)ices • Railroad Avenue Widening EIR, City of Suisun City • Mace Ranch Innovation Center EIR, City ofDavis • Galt Police Firing Range Initial Study, City of Galt Timothy Raney, AICP — k sident 1999 -Present Role: Project Support As the President of Raney Planning & Management, Inc., Mr. Raney serves as the leader of the Raney team. Mr. Raney specializes in CEQA processing, planning, and public facilitation, bringing nearly thirty years of experience to each project. Mr. Raney currently serves as the Community Development Director to the City of Wheatland and, together with Raney staff, has been providing contract planning services to the City since 2004. In addition, Mr. Raney previously served as the Interim Community Development Director for the City of Oakley while the City was completing its General Plan Update. Since establishing the firm in 1999, Mr. Raney has successfully processed more than 500 CEQA, NEPA, and planning projects, including Initial Studies, Environmental Impact Reports, Environmental Assessments, and special planning projects such as the APA Award-winning Community Vision for the City of Wheatland. Mr. Raney's diverse experience includes unique and complex projects such as marinas, military base conversions, mining, and solar to large-scale specific plans, master plans, zoning code updates, and numerous private development projects for residential, commercial, mixed-use, industrial, and infrastructure/roadway. Mr. Raney also has diverse experience in local government, including being Mayor of a city of 90,000, Planner in the City of Sacramento's Planning Department, and previously serving on the Board of the Sacramento Metro Chamber Metro PAC and the Sacramento Tree Foundation. Mr. Raney has been involved in local government issues with the League of California Cities, the Commission on Local Governance for the 21" Century, and the Citrus Heights Chamber of Commerce. This experience gives Mr. Raney a better understanding of the needs and requirements of local government. Mr. Raney has a Bachelor of Science degree in Agricultural Economics from the University of California, Davis. 5 RANEY "FLEVANI' PROJECTS: • Public Safc,07 Facility EIR and EA, El Dorado County • South of U.S. Highway 50 Backbone Infrastructure Project Initial Study, City of Folsom • Russell Ranch EIR, City of Folsom • OPDE West Sacramento Solar Photovoltaic Reneivable Energy Initial Study and Planning Services, OPDE U.S. Coip /City of West Sacramento • Johnson Rancho EIR, City of id'heatlaizd • Jones Ranch EIR, City of Wheatland Roderick -Shane 6tinS011 — VIVIS1011 Ivianager / Air Quality Specialist 2005 -Present Role: Project Support Mr. Stinson brings over twelve years of environmental experience to the Raney team with a background in CEQA, air quality, and water resources. As Raney's Division Manager, Mr. Stinson has served as the Project Manager in the preparation of over 100 environmental and planning projects, including CEQA Initial Studies and EIRs as well as NEPA Categorical Exclusions and Environmental Assessments. Mr. Stinson has managed projects ranging from complex mining, solar, and infill projects to large-scale specific plans and general plans as well as standard residential, affordable housing, mixed-use, commercial, industrial, and infrastructure projects. In addition, Mr. Stinson serves as Raney's in-house Air Quality Specialist, with over ten years of experience in preparing air quality analyses for a variety of development projects. Over the past ten years, Mr. Stinson has completed over 100 air quality impact and greenhouse gas analyses, working closely with lead agencies and local air districts throughout northern and southern California. Mr. Stinson holds a Bachelor of Science degree in Forestry and Natural Resources Management with a concentration in Environmental Management from California Polytechnic State University, San Luis Obispo. • Douglas Substation Rebuild Air Quality and Greenhouse Gas hnpact Analysis, City of Roseville • South of U.S. Highway 50 Backbone Infrastructure Project Initial Study, Cit)) of Folsom • Russell Ranch EIR, City of Folsom • Kibbe Road EIR, Yuba County • Wastewater- Treatment Plant Solar Power Purchase Agreement Initial Study, Cit); of Galt • Tivin Cities Road Widening Initial Study, City of Galt • Woodland Water Pollution Control Facility Solar Power Purchase Project Initial Study, City of Woodland • O'Hara Avenue TVidening Initial Study, Cit) of Oakley • Empire Avenue Road Widening Initial Study, City of Oakley • Dixon :Iain Drain EIR and Addendum, Dixon Regional Joint Powers Authority, 6 RAN EY ./ TECHNICAL SUB -CONSULTANTS Raney will assemble a team of technical experts for each project, as needed, to prepare technical studies in support of the environmental documents. Rather than conduct all of the necessary technical studies for environmental documents in-house, Raney believes it is more efficient and effective to hire the known technical experts who specialize in a particular field. In this way, Raney can organize a unique team of consultants for each project, who can bring their expertise "to the table" and provide the client with the most legally defensible documentation and reporting. Raney has provided the following list of licensed sub -consultants with whom Raney has contracted with in the past for preparation of technical studies for CEQA and NEPA documents. Raney will select each sub -consultant based upon the unique characteristics associated with each project in order to ensure the most qualified technical assistance. Raney will provide the City of San Rafael with a detailed scope of work, schedule, and budget for each project, identifying the proposed technical sub -consultants and their respective roles, responsibilities, and associated costs. Biolo-lcal and Ifedund Consultant.S • Monk & Associates, Inc. • Live Oak Associates, Inc. • Madrone Ecological Consulting • Sycamore Environmental Consultants, Inc. Cultural Resources Consultants • Origer & Associates • WSA • Sub Terra Consulting • ECORP Consulting, Inc. Gcolo`�' and Soils Consultants • Geocon Consultants, Inc. RAN EY Noise Consultants • j.c. brennan & associates, Inc. • Bollard Acoustical Consulting • Ambient Air & Noise • Illingworth & Rodkin Transpa7ation Consultants • Fehr & Peers • Kimley Horn & Associates • Omni -Means 111ater suppl), • West Yost Associates • Kennedy -Jenks Consultants FA :r.. II. SPECIFIC EXPERIENCE The following is a brief description of some of the relevant public works and infrastructure - related projects that have been prepared and/or managed by Raney. It should be noted that Raney has prepared over 500 CEQA, NEPA, and planning documents for both public and private sector clients throughout the State of California. A complete, detailed project history is available upon request. PUBLIC WORKS & INFRASTRUCTURE RELATED PROJECTS EI Dorado County Public Safety Facility EIR and EA Client: E1 Dorado County facilities Department The Public Safety Facility Project in El Dorado County involves the development of a new facility to consolidate the operations of the El Dorado Sheriff's Department. The County Facilities Department served as the lead for the project on behalf of the Sheriff's Department. The 30.34 -acre project site is within the Diamond Springs area of unincorporated El Dorado County, with access from Missouri Flat Road. The proposed development area for the public safety facility is limited to approximately 18 acres of the total site area. The major project components include approximately 106,000 square feet of building space, allocated amongst four buildings, including buildings for the following major divisions: administration, training, morgue, and search and rescue/maintenance. In addition, the County is proposing to develop a 7 - acre solar farm on the western portion of the project site, which will provide power to other County facilities. Raney prepared a Draft EIR for the project, working closely with the County Facilities Department. Generally, the Draft EIR evaluates the following CEQA topics: aesthetics, air quality and greenhouse gas emissions, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, land use and planning, noise, public services, traffic and circulation, utilities, and alternatives. The County of El Dorado is also seeking federal USDA Rural Development grant funding for the construction of the project. As a result, NEPA review of the project is also required. Raney is currently working with the County Facilities Department and USDA to prepare an Environmental Assessment (EA) ; Finding of No Significant Impact for the project. Raney is utilizing USDA's envirommental guidance for Class II actions to inform the format and content of the EA analysis. The EIR has been certified and the project approved. The EA is currently being reviewed by the County. Douglas Substation Rebuild Air Quality Iuld Greenhouse Gas Analysis Client: City of Roseville, California The City of Roseville proposed to rebuild the Substation to maintain worker and public safety, prevent major equipment damage, and continue a high standard of reliability. The proposed project includes replacement of aged equipment in three phases, over a period of three to four years. Equipment to be replaced included 12kV outdoor switchgear, three single phase power transformers, one regulating transformer, and a 60kV bus work, switching equipment, and incoming structures. The Douglas Substation is located off of Interstate 80 (1-80) and Douglas /, 8 RANEY Boulevard, northwest of the intersection of Douglas Boulevard and N. Sunrise Avenue. Raney prepared the air quality impact and greenhouse gas analysis for the proposed project and coordinated extensively with City staff and the Placer County APCD to ensure that all air quality and GHG issues were adequately addressed. South of Highway 50 Backbone Infrastructure Project Initial Study Client: Citv of [=olsom. California The proposed project consists of the construction of the backbone infrastructure to support the Folsom Plan Area, south of Highway 50 (US 50) in the City of Folsom, CA. The backbone infrastructure is located within the Folsom Plan Area Specific Plan boundaries with some infrastructure improvements and connections proposed north of and crossing US 50. The proposed project consists of two main components: 1) updates to the Storm Drainage Master Plan, Water Infrastructure Master Plan, and Sewer Master Plan prepared for the implementation of the Folsom Plan Area Specific Plan Project; and 2) South of US 50 Backbone Infrastructure Buildout. The project infrastructure also included SMUD substations potential sites as well as at -grade rail crossings. Raney, under contract with the City of Folsom, prepared an Initial Study to address the key environmental issues of aesthetics, air quality and greenhouse gas emissions, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, noise, and transportation and circulation. The Initial Study included a project - level analysis of the proposed infrastructure improvements, relying on information from the existing Folsom Plan Area Specific Plan (FPASP) EIR where feasible. The FPASP EIR addressed some portions of the backbone infrastructure improvements at a program -level and other portions at a project -level. Therefore, of particular complexity, was the need to ensure consistency with the existing analysis and mitigation while incorporating new project -level analysis of a wide range of infrastructure activities. In order to provide an adequate CEQA review, Raney coordinated with the development community to determine the likely phases of development that would impact the need for infrastructure improvements as well as coordinating closely with City staff, particularly Public Works as a key stakeholder, to ensure adequacy in addressing City infrastructure needs and consistency with pertinent City planning documents. Water and wastewater infrastructure improvements analyzed in the Initial Study included miles of pipelines, creek crossings, lift stations, pump stations, water tanks, recycled water facilities, US 50 crossings, and booster pump improvements at the existing City Water Treatment Plant. The backbone roadway improvements were included in the Initial Study as well, which included miles of roadways, creek crossings and future interchange connections. Other infrastructure included in the Initial Study were potential SMUD substation sites to ensure any potential impacts resulting from the whole of the action were addressed pursuant to CEQA requirements. The substation sites were assessed for potential impacts relating to biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, among others. 9 ,./ RANEY In addition, the City is pursuing additional at -grade crossings within the project site. Thus, in order to accommodate City needs and the California Public Utilities Commission (CPUC), Raney included additional analysis for the proposed at -grade crossings to satisfy CPUC requirements for pennitting. Ultimately the Initial Study ' Mitigated Negative Declaration was adopted and the project approved. Dixon Alain Drain EIR and Addendum Tient: Dixon Regional Watershed Joint Pou-ers Authority, California The Dixon Main Drain is located south of the City of Dixon in Solano County and included enlarging the Dixon Main Drain and V -Drain from Swan Road to the RD2068 Intake Canal. The Dixon Main Drain would enlarged to have a capacity increase of 375 cfs over the existing average capacity of 240 cfs. The primary issues areas were biology and water quality. Raney prepared the Draft and Final Environmental Impact Report in October 2008 and February 2009 respectively, which was subject to approval by the Dixon Regional Watershed JPA as the lead agency for the project. In 2014, a new JPA was in the process of being formed to serve as the lead agency for the Dixon Main Drain project. The new JPA must consider acquisition, up to and including, condemnation, if necessary, in order to implement the Dixon Main Drain Project. Subsection(c) of CEQA Guidelines, Section 15162, states that if after a project is approved any of the conditions in Section 15162(a) occur, a subsequent EIR or Negative Declaration shall be prepared by the public agency with the next discretionary approval. In this case, the public agency with the next discretionary approval is the recently formed Dixon Watershed Real Property Acquisition JPA. Raney, under contract with the new JPA, prepared an Addendum to the certified EIR to determine if any of the conditions in subsection (a) of CEQA Guidelines Section 15162 will be met by the current project, which consists of only minor changes to the original project approved in 2009. The Addendum evaluated all CEQA topics to determine if the modified project would result in any new significant impacts or increase in the severity of impacts previously identified in the 2009 EIR. Raney determined that none of the conditions in Section 15162 of the CEQA Guidelines would be met by the modified project. The JPA has approved the Addendum. Galt Wastewater Treatment Plant Solar Power Purchase Agreement Initial Study/Miti sated Negative Declaration Client: City of Galt. California The Wastewater Treatment Plant Solar Power Purchase Agreement Project consists of the design, construction, operation, and maintenance of up to a one megawatt solar photovoltaic (PV) array facility on the grounds of the City's Wastewater Treatment Plant (WWTP) facility. The City of Galt would lease the solar power provider the land at a fair market rate. The solar provider, a private company, then constructs and operates the solar PV facility and the City guarantees to purchase a minimum amount of electricity every year at a negotiated rate that is less than current and projected future Sacramento Municipal Utility District (SMUD) rates over the twenty year tern of the Power Purchase Agreement (PPA). The facility is anticipated to operate over a twenty-year period and provide 2,000,000 to 2,250,000 kilowatt-hours per year (KWh/yr) of electricity to the WWTP. Raney prepared the Initial Study and a Mitigated Negative Declaration under contract with the City of Galt. The Initial Study addressed impacts associated with Biological Resources and Cultural Resources. / I 10 RANEY Galt Police Firing Range Initial Study Client: City of Galt, California The Galt Police Firing Range consists of expanding the existing 7 -acre firing range, located on a City -owned 297 -acre site, to include two additional 50 -yard pistol ranges and two 100 -yard rifle ranges, and associated infrastructure. In addition, the City is proposing to construct a multipurpose area, small storage buildings, gear assembly buildings, and a 5,000 square foot training center and operations building. Raney is currently preparing the Initial Study, which addresses biological resources, including wetland habitat and habitat for sandhill cranes and Swainson's hawk; transportation and circulation; noise; and hazards and hazardous materials, including safety concerns associated with firing operations as well as lead remediation. Galt Utility Master Plan Initial Study Client: City of Galt, California Raney, under contract with the City of Galt, prepared an Initial Study for the City's Utilities Master Plan, comprised of a Wastewater Collection System Master Plan, Water Distribution System Master Plan, and Storm Drainage System Master Plan. The City prepared and adopted the Utilities Master Plan in order to meet the anticipated new demand associated with the 2030 General Plan update. According to the General Plan, the service area will increase from approximately 3,763 acres to approximately 8,817 acres at full build -out of the General Plan boundaries. The Initial Study was prepared to provide program -level mitigation addressing what each future project would need to comply with in order to minimize the need for future environmental documents. The Initial Study/Mitigated Negative Declaration was approved along with the Utilities Master Plan. Twin Cities Road Widening Initial Study / Mitigated Negative Declaration Client: City of Galt, California The Twin Cities Road Widening project consists of the addition of a westbound lane on Twin Cities Road, from Fennoy Way to Bergeron, and intersection modifications. Raney, under contract with the City of Galt, prepared an Initial Study and Mitigated Negative Declaration for the proposed project. The key issue area consisted of biological resources, including potential impacts to Swainson's hawk and seasonal wetland habitat. Other potential impact areas requiring mitigation included cultural resources, hazards and hazardous materials, and noise. The Initial Study and project have been approved. Water Pollution Control Facility Solar Power Project Initial Study Client: City of Woodland, California The proposed project consists of installing solar photovoltaic systems at two locations at the existing Woodland Water Pollution Control Facility. The location of one of the solar power facilities would be within the former sludge ponds, northwest of the treatment facilities, which have been converted to stormwater detention. The second location would be at the screw pump, south of the treatment facilities. The City of Woodland would enter into a Power Purchase Agreement with the solar power provider for the provision of approximately 3,244,593 KWh per year of electricity to the Water Pollution Control Facility. Raney, under contract with the City, prepared the Initial Study which addressed the key issue areas of Biological and Cultural Resources. The Initial Study and project have been approved. Because of the canals located at the project site, Raney coordinated extensively with the biologist and the City to ensure that adequate mitigation could be provided while still allowing the City to maintain a viable project. 11 I/ RANEY Kibbe Road EIR Client: County of Yuba, California The Kibbe Road project consisted of the construction of a private haul road and improvements to the intersection of SR 20 and Kibbe Road. The purpose of these improvements was to provide a new haul route for Teichert's existing Hallwood mining facility to alleviate existing traffic - related impacts on rural residences. Raney prepared the Draft EIR which was circulated for public review. Raney also prepared the Final EIR. In addition to preparation of the EIR, Raney also assisted the planning staff by preparing the staff reports and distributing the necessary public notices. The EIR was certified and the project approved; however, a lawsuit was filed. Lone Tree Way Undercrossing EIR Client: City of Brentwood, California Lone Tree Way is an at -grade railroad crossing which the City of Brentwood proposed to drop below grade and to widen from two lanes to six lanes. Public and private utilities beneath both Lone Tree Way and the Union Pacific Railroad were to be relocated beneath the undercrossing and a drainage system was to be constructed to accommodate the undercrossing. The EIR prepared by Raney addressed traffic, noise, air quality, and potential utility conflicts. The EIR was certified and the project was approved. O'Hara A*,cnue Widening Initial Study Client: City of Oakley. California The proposed O'Hara Avenue Widening project consists of the widening of O'Hara Avenue fiom a two-lane to a four -lane divided roadway with a landscaped median, between Laurel Road and Covered Wagon Drive, within the City of Oakley. The proposed project improvements included widening over the top of the existing Contra Costa Canal culverts and would slightly modify the access to the maintenance roads and Delta DeAnza trail. Raney prepared the Initial Study, which addressed traffic, air quality, noise, and cultural resources. The Initial Study/Mitigated Negative Declaration was approved by the City of Oakley. Empire Avenue Road Widening Initial Study Client: City of Oakley, California The proposed Empire Avenue Road Widening project consisted of the widening of Empire Avenue to a four -lane divided roadway with a median, from Carpenter Road to Meeks Lane within the City of Oakley. Raney, under contract with the City of Oakley, prepared the Initial Study.,'Mitigated Negative Declaration, which addressed traffic, air quality, noise, and cultural resources. The Initial Study/Mitigated Negative Declaration was approved by the City of Oakley. Oak Park Regional Storage I+acility Initial Study / Mitigated Negative Declaration Client: City of Sacramento. Californl•l The proposed Oak Park Regional Storage Facility consists of the construction and operation of an underground storage facility to function as a component of the City's combined sewer system. The proposed facility would provide storage during heavy rainfall periods to reduce potential flooding and combined sewer outflows both regionally and locally. Raney, under contract with the City, prepared an Initial Study and Mitigated Negative Declaration, which addresses air quality and greenhouse gas emissions, biological resources, cultural resources, and noise. The Initial Study/Mitigated Negative Declaration and the project were approved. 12 RANEY ,/ Freeport Boulevard and 21st Street EIR Client: Citv of Sacramento_ Calilbmia An EIR was prepared by Raney, under contract with the City of Sacramento, for the conversion of both Freeport Boulevard and 21" Street from one-way to two-way roadways. The project site was within an area undergoing major fluctuations in circulation; therefore, major issues analyzed included traffic, noise, and air quality. The EIR was certified and the project was approved. Rio Del Oro Sever Force Main Initial Studv Client: OliVehurst Public Utility District, California Raney, under contract with the Olivehurst Public Utility District, prepared an Initial Study for the placement of a sewer force main from the Rio Del Oro Subdivision within the Plumas Lake Specific Plan area to the existing Olivehurst Wastewater Treatment Plant. The Initial Study tiered from the Yuba County General Plan EIR as well as the Plumas Lake Specific Plan EIR, addressing the temporary impacts associated with construction such as water quality, air quality, and noise. The Initial Study also addressed the capacity of the wastewater treatment plant. South Plumas Lake NVater Master Plan Initial Studs Client: Olivehurst Public Utility District. California Raney, under contract with the Olivehurst Public Utility District, prepared an Initial Study for the South Plumas Lake Water Master Plan consisting of a series of wells, a water treatment facility, a storage tank, and distribution lines. The Initial Study tiered off the Yuba County General Plan EIR and the Plumas Lake Specific Plan EIR. Brentwood Boulevard Specific Plan EIR Client: City of Brentwood, California The Brentwood Boulevard Specific Plan EIR project site is located within the City of Brentwood and in unincorporated portions of Eastern Contra Costa County, California within the City of Brentwood Sphere of Influence. The project site consists of approximately 436 acres along the Brentwood Boulevard (State Route 4) corridor, and is bounded by Delta Road to the north and Second Street to the south. The Brentwood Boulevard Specific Plan would guide public and private investment throughout the proposed project area to fulfill the community's intention for the creation of a "Grand Boulevard'' stretching between Downtown and the City's ultimate northern limits. When fully implemented, the proposed project would revitalize and enliven the project area and create new prosperous live/work areas. The Draft EIR was circulated for public review and Raney was in the process of preparing the Final EIR; however, the project was modified by the City to address public concerns. Raney prepared a Re -circulated Draft EIR based upon the revised project description. Raney prepared the Final EIR, responding to comments received during the public review period. The EIR has been certified and the project approved by City Council. Brentwood Boulevard Road Widening Environmental Consultation and Initial Stud Client: City of Brentwood, California The proposed Brentwood Boulevard Road Widening project consists of the expansion of Brentwood Boulevard fi•om an existing two-lane rural highway to four -lanes, from Havenwood Avenue to Homecoming Way. The proposed widening project also includes the expansion of the Marsh Creek Bridge as well as traffic signal and intersection improvements at Sunset Road. Raney, under contract with the City, is currently reviewing the project description and design / . 13 RANEY alternatives to determine the necessary resource permitting, if applicable, as well as to prepare an Initial Study to address the potential environmental issues associated with the proposed project. Brentwood Civic Center Initial Study / Mitigated Negative Declaration Client: Citv of Brentwood. California The proposed Brentwood Civic Center project consisted of two phases of development. The first phase included buildout of the City Hall, Council Chambers, and Community Center buildings, with a modified arcade connecting the buildings, and a 76 -space surface parking lot, with approval of an amended design review application by the City. The second phase included construction of a 280 -space parking garage to take the place of the surface parking lot. Raney, under contract with the City, prepared an Initial Study and Mitigated Negative Declaration, which addressed transportation and circulation. The Initial Study and project have been approved. Brentwood Solid Waste Transfer Station Initial Stud Client: City of Brentwood. California The Brentwood Solid Waste Transfer Station consisted of relocating the existing transfer station operations and the proposed expansion to a site located north of the City wastewater treatment plant, approximately 1,000 feet north of the existing site. The approximately 5.73 -acre project site covers the northern portion of two parcels. The Initial Study and Mitigated Negative Declaration have been prepared and routed for public review. The primary issues addressed include traffic, air quality, noise, compatibility and biological resources. The Initial Study/Mitigated Negative Declaration and project has been approved. Railroad Avenue Wideninb EIR Client: City of Suisun City. California The Railroad Avenue Widening project included the widening and realignment of Railroad Avenue from Sunset Avenue to Olive Avenue and the installation of traffic signals. The widening and realignment improvements would increase the width of Railroad Avenue from its current 40 feet to between 60 and 88 feet, and would increase the length of the road segment to 7,200 feet (1.36 miles). The existing two-lane arterial would be increased to three lanes, with the General Plan dictating four lanes and an ultimate 108 foot right-of-way in the foreseeable future. The proposed project would be constructed in phases. Phase 1 of the proposed project would be funded through a Caltrans Hazard Elimination and Safety (HES) grant. This phase would consist of the realignment of approximately 2,000 feet of Railroad Avenue between Sunset Avenue and the Laurel Creek Diversion Channel to a location approximately 1,000 feet south of the existing Sunset Avenue/Railroad Avenue (north) intersection. The EIR addressed traffic (roadway design conformance with Caltrans standards and LOS impacts), air quality, biological resources (impacts to species and wetlands), water quality, noise, and utilities (interruption of service/relocation) impacts associated with the roadway construction. The EIR has been certified and the project was approved. 14 RANEY Alace Ranch Innovation Center EIR Client: Cite of Davis. California The Mace Ranch Innovation Center project consists of the proposed development of 2,654,000 square feet of research/office/R&D uses on a 212 -acre agricultural site within unincorporated Yolo County, adjacent to the City of Davis city limits. The applicant is seeking to develop the project within the City of Davis; therefore, the project site would need to be annexed to the City. The applicant is seeking approval of the following entitlements from the City of Davis: Annexation, General Plan Amendment, prezone, preliminary planned development, site plan and architectural review, and development agreement. If the project is approved by Davis City Council, the project would then go to the voters for ultimate approval, pursuant to the City's Measure R process. If approved by the voters, the applicant will seek Yolo County LAFCO's approval of a Sphere of Influence (SOI) amendment, to include the project site within the City's SOI, and subsequently annexation of the project site to the City of Davis. Raney prepared a comprehensive Draft EIR for the proposed Mace Ranch Innovation Center project, which has been released to the public for review and comment. The Draft EIR includes all analyses required by CEQA, an equal -weight analysis of a mixed-use alternative, two equal -weight cumulative scenarios, as well as a full urban decay analysis. All environmental topics within Appendix G of the CEQA Guidelines have been evaluated within the Draft EIR, in addition to Appendix F of the CEQA Guidelines, concerning energy impacts. Due to the size and complexity of the project and Draft EIR, the public comment period was 90 days. Raney has prepared the Final EIR, including responses to the extensive comments received. The project is beginning the public hearing process. 15 RANEY I/ III. REFERENCES The following is a brief list of references, with particular emphasis on public works and infrastructure projects performed for local agencies. Additional references are available upon request. 1) Gwen Owens, Deputy Public Works Director City of Galt Phone: (209) 366-7130 Relevant Projects: Tiwin Cities Road Widening Initial Study I Mitigated Negative Declaration, Galt Wastewater Treatment Plant Solar Power Purchase Agreement Initial Study/Mitigated Negative Declaration, Galt Police Firing Range Initial Study, and Galt Utility Master Plan Initial Study. 2) Erik Nolthenius, Planning Manager City of Brentwood Phone: (925) 516-5137 Relevant Projects: Brenhwood Boulevard Specific Plan EIR, Brenhwood Boulevard Road Widening Environmental Consultation and Initial Sttrdy, Brentwood Civic Center Initial Study I Mitigated Negative Declaration, and Brenhwood Solid Waste Transfer Station Initial Study 3) 119ichael Webb, Assistant City Manager / Director of Community Development S Sustainability City of Davis Phone: (530) 757-5610 Relevant Projects: Mace Ranch Innovation Center EIR J, 16 RANEY IV. HOURLY BILLING RATES 9016 BILLING Raney Planning & Management, Inc. (Raney) has provided the following fee schedule to the City of San Rafael, based on Raney's current hourly billing rates for preparation of environmental documents and the provision of planning services. The following rates will remain in effect for two years from the date of the on-call contract. Please note that Raney will provide the City with a complete scope of services, including schedule and cost estimate by task based on hours for each project. The tasks will be summarized in the Technical Scope of Services and costs by task will be included in a cost spreadsheet. Costs will be billed on a time and materials basis up to the maximum established budget for each phase of the project. Tim Raney, AICP, President Cindy Gnos, AICP, Senior Vice President Nick Pappani, Vice President Rod Stinson, Division Manager /Air Quality Specialist Air Quality Technician Senior Associate Associate Administrative OTHER COST INI+ORR'IATI( $200 ' hour $170 / hour $150 / hour $140 to $150 / hour $125 hour $120 / hour $100 / hour $60 / hour • Overhead charges for technical sub -consultants, travel, and copying/printing: 10% • Travel: Billed at cost • Copying and Printing: Billed at cost / . 17 RANEY APPENDix A 18 RANEY TIM RANEY, AICP President EDUCATION Graduate Studies, Agricultural Economics University of California, Davis B.S., Agricultural and Managerial Economics University of California, Davis AFFILIATIONS American Institute of Certified Planners (AICP) American Planning Association (APA) Sacramento Metro Chamber Mr. Raney has nearly 30 years of local government, planning, and CEQA/NEPA experience, during which he has actively managed many of the region's most controversial projects. PRESIDENT Ranei7 Planni , & Alanngeinew, Inc. (,41)ril 1999 — Present) As President of Raney, Mr. Raney provides a wide range of planning, management, and economic development services to public and private sector clients. Mr. Raney specializes in project coordination and management, CEQA processing and documentation, land use analysis, business district infonnation, and public facilitation. With over twenty-five years of planning experience, he has developed a diverse and expanding network of clients, including developers, agency representatives, and state and local decision -makers. His diverse background enables him to advise his clients on effective strategies regarding government pennitting processing, public involvement, and agency coordination. Mr. Raney provides quality client services, ensuring legally and procedurally accurate documentation while strictly adhering to all schedules and budgets. COMMUNITY DEVELOPMENT DIRECTOR Cith of ll,'healland (200=1— Present) As the Community Development Director for the City of Wheatland, Mr. Raney provides professional guidance and technical assistance to the City Manager, City Council, Planning Commission, and the public regarding immediate and long-range planning while working extensively with the development community, local business owners, and community residents. Mr. Raney monitors City growth and oversees implementation of the City's General Plan, processing of development applications, and makes recommendation to City Council regarding applications and development projects. Over the past 11 years, Mr. Raney has been instrumental in developing the City's Infrastructure Work Program, Community Vision, and Capital Improvement Program as well as developing and implementing the City's General Plan. COUNCILMEMBER/MAYOR City o/'Citrus Hci,glJls, CA (1997 - 2002) Elected to serve on the first City Council, Mr. Raney was instrumental in creating the initial government structure of the City of Citrus Heights. While on City Council, Mr. Raney participated in the preparation and adoption of the City's first General Plan as well as developing a city staff to be responsible for its implementation. Mr. Raney served as Mayor of Citrus Heights in 2000 winning numerous awards for his exceptional leadership skills. This experience behind the dais has given Mr. Raney the ability to understand projects from a variety of perspectives, thereby allowing him to provide a unique skill set to Raney's clients. CINDY GNOS, AICP aior Vice President EDUCATION Graduate Studies, Public Policy Administration California State University, Sacramento B.S., City and Regional Planning California Polytechnic State University, San Luis Obispo AFFILIATIONS American Institute of Certified Planners (A1CP) American Planning Association (APA) Ms. Gnos brings to Raney Planning & Management a wide range of public sector planning, management, and economic development services. Ms. Gnos specializes in land use analysis, project coordination and management, public facilitation, and CEQA processing and documentation. With nearly twelve years of public sector plarming experience, she has developed an understanding of the diverse aspects of planting and community development within local governments. Her background enables her to advise clients on effective strategies regarding government permit processing, public involvement, and agency coordination. SENIOR VICE PRESIDENT Ranee, Planning & Alunagement, Ine. (,Iprtl 2000 — PI'escia) As the principal contact for most of Raney's projects, Ms. Gnos provides high-quality, uniquely personal services to Raney's clients. Serving as Project Director for many of Raney's projects, Ms. Gros is exceptionally organized and skilled at providing project management services to Raney's clients. In addition to project management, Ms. Gnos is responsible for the quality and content of Raney's documents, thoroughly reviewing every document before sending it out for client review. Ms. Gnos provides the energy that keeps the Raney team running in top condition, thereby ensuring that its clients receive the very best of what Raney has to offer. SENIOR PLANNER q -&-von, CA (. tuber 199=1— Altn•ch 2000) Ms. Gnos served as a planner for the City of Dixon, overseeing the planning, environmental review, and development of numerous residential, commercial, and industrial projects. Ms. Gnos coordinated the City of Dixon's downtown revitalization efforts through the management of the creation of the Dixon Downtown Revitalization Plan, and through personal participation in special downtown events. She implemented the Downtown Facade Improvement Program using Redevelopment funds. Ms. Gnos also oversaw the Community Development Block Grant (CDBG) Program for the City of Dixon which included Planning.Tecluucal Assistance Grants and a Business Revolving Loan Fund. Ms. Gnos served as the housing coordinator for implementation of the City's Housing Element, including the use of Redevelopment Funds and HOME funds in a first-time homebuyer program. ASSOCIATE PLANNER Citi of Sacramento, CA (Octoher 1988 — Noi 'umbo 1994) t As a land use planner for the City of Sacramento, Ms. Gnos was responsible for processing development applications. This included pre -application meetings, enviromnental review, coordination with the City, developer, and neighborhoods, as well as reports and presentations to the Planning Commission and City Council. During her tenure at the City of Sacramento, she also chaired the Subdivision Review Committee. NICK PAPPANI Vice President EDUCATION B.S., Wildlife Biology, cum laude California State University, Humboldt AFFILIATIONS The Wildlife Society, Western Section Mr. Pappani has been part of Raney Planning & Management's team since 2002. As current Vice President, Mr. Pappani is part of the management core of Raney, working directly with Senior Vice President Cindy Gnos and President Tim Raney to provide hands-on planning and CEQA services to a variety of clients. VICE PRESIDENT Raney Plannim, & AJ(inageilient, 1ne. (Sepiei;iber 2002 Presew Mr. Pappani focuses on client interaction and business marketing, given his network of satisfied clients within the industry. Mr. Pappani also manages the preparation of CEQA documents and regularly attends meetings with lead agency staff to identify and problem -solve enviromnental issues so that the EIR process can be streamlined and simplified to the greatest extent feasible. In addition, Mr. Pappani works with Division Manager Rod Stinson, in the day-to-day coordination of the Raney team and its efforts. Since his arrival at Raney, Mr. Pappani has been involved in the writing and managing of numerous enviromnental documents and has served as the project manager for over 90 CEQA and NEPA projects. In addition to his project management experience, Mr. Pappani has provided contract planning services for various jurisdictions during his time at Raney, including serving as an extension of lead agency staff in reviewing development and use permit applications, preparing staff reports and conditions of approval, and presenting before boards, commissions, councihnembers, and the general public. VVMDLIFE TECHNICIAN Grand Crnlyorl Nalional Park, :1Z (Mav to .4u ust 1999 and 2000) Mr. Pappani utilized his field research skills obtained at Humboldt State University to collect pertinent wildlife data for the Park Service. In addition to conducting numerous field studies for special -status species and keeping detailed records of all collected data, Mr. Pappani was appointed as crew leader in the absence of the acting crew leader, which involved appointing tasks to other staff and managing their workload. FIELD TECHNICIAN LBJEnteilprises, Eureka, Cit ( iiy 1o,4u, usl 1996) Mr. Pappani conducted research for an environmental consulting firm located in Eureka, CA. Mr. Pappani's primary duties included conducting detailed plant and animal surveys throughout Six Rivers National Forest. The animal surveys focused on detecting the presence.'absence of the Federally Threatened Marbled Murrelet within Six Rivers National Forest. ROD STINSON Division I\7anager / Air Quality Specialist EDUCATION B.S., Forestry and Natural Resources California Polytechnic State Unixersity, San Luis Obispo CERTIFICATIONS Certified in River Restoration and Natural Channel Design AFFILIATIONS Sacramento Metro EDGE Mr. Stinson brings to Raney Planning & Management, Inc. his technical writing and project management skills to every project. As Division Manager with Raney, Mr. Stinson assists Senior Vice President Cindy Gnos and President Tim Raney in the day-to-day management of the office, which includes overseeing the processing of various environmental and planting projects, management of office staff, and coordination with agency personnel and project applicants. In addition, Mr. Stinson serves as Raney's in- house Air Quality Specialist. DIVISION INIANAGER / AIR QUALITY SPECIALIST %larch Planning & Management, Ine. (Way 3005 — Present) Since June 2010, Mr. Stinson has worked under the title Division Manager and is responsible for assisting Senior Vice President Cindy Gnos and company President Tim Raney in the day-to-day coordination of the Raney team and its efforts. Since arriving at Raney, Mr. Stinson has been involved in the writing and managing of numerous environmental and plarming projects and has served as the project manager for over 100 CEQA and NEPA projects. In addition, Mr. Stinson has managed numerous special planning projects as well as provided environmental and land use planning services for various jurisdictions during his time at Raney, including extensive use of GIS in the analysis and presentation of data. Mr. Stinson also serves as Raney's in-house Air Quality Specialist, preparing air quality and greenhouse gas analyses for Initial Studies and Enviromnental Impact Reports as well as air quality and greenhouse gas studies and health risk assessments for various private -sector clients. Mr. Stinson trained under Donald Ballanti, Certified Consulting Meteorologist for several years and has prepared over thirty air quality analyses for various public and private sector projects. Through his work with various air districts in the region, Mr. Stinson has become a leading expert in preparing air quality and greenhouse gas analyses. Mr. Stinson is also actively involved in the Sacramento Metro Chamber as a recent graduate of the Leadership Class of 2012. As a part of the 2012 class project, Mr. Stinson participated in fundraising and outreach activities for the design and construction of the new Soil Born Farms outdoor classroom. ESTIMATOR / ENVIRONMENTAL SPECIALIST 1 hander ,41ounlain Entei7)rises, Inc. (October 2003 to Hal- 3005) Mr. Stinson began at Thunder Mountain Enterprises, Inc. preparing Stormwater Pollution Prevention Plans utilizing erosion and sediment control Best Management Practices. In this position Mr. Stinson was trained in AutoCAD and expanded his knowledge of hydrology and fluvial processes. After four months with the company Mr. Stinson was promoted to department head of the Estimating Department where he developed and managed procedures for the department. Mr. Stinson was tasked to develop new markets for the company while maintaining their existing workflow market. In addition, Mr. Stinson set the budgets for the 2004 and 2005 fiscal years as well as secured over $600,000 of revenue in the first year of xistence. As Estimator, Mr. Stinson performed sales, estimating, project management, and contract administration. CITY OF SAN RAFAEL laegaeesg for Qualifications for On-call Environmental Services 1,L,, ■ ::. ■ ,110,414k► My - or hrdrin Mayor Gary Phillips Vice Mayor Kate Colin Councilmember Maribeth Bushey Councilmember John Gamblin Councilmember Andrew McCullough 2/25/2016 Exhibit B BACKGROUND The City of San Rafael wishes to enter into on-call Professional Service Agreements with a select number of firms capable of assisting the City deliver its capital improvement program. This request for qualifications (RFQ) was prepared to solicit and evaluate firms capable of assisting the city in the preparation of environmental documents, technical studies, and written reports to City Council. Anticipated services also include the ability to prepare and negotiate permits with the various state and federal resource agencies such as the Regional Water Quality Control Board, California Fish and Wildlife, and the United States Army Corps of Engineers. The successful firms will be those firms that demonstrate that they offer the best value for the City when measured by its technical knowledge, breath of experience, quality of staff and hourly rates SUBMITTAL REQUIREMENTS Submittals should be concise, single -sided 8%" x 11" pages with a font size no smaller than 12 point. The maximum number of pages per submittal is 16, not including resumes. • Enclose a cover letter describing the firm and its interest and commitment to perform the required services. The cover letter must also state that if selected the firm will be able to execute a contract in the exact form as attached. A person authorized by the firm to negotiate a contract shall sign the cover letter. ® State the qualifications and experience of the firm and the individuals proposed for this project. Provide the specific experiences in public works projects for local agencies. a Provide at least three references — name and current phone number—for agency staff for whom your firm has provided similar services. A list of hourly billing rates for each proposed team member, and the period of time for which those rates will apply. Billing rates shall include all direct and indirect labor expenses, transportation cost, cell phone, computer, pager and other such fees. WOn-call ServicesTnvironmental ServicesWQ for Environmental Services.doc - 2 - SUBMITTAL DEADLINE AND FORMAT On or Before March 15, 2016 at 4:30PM Three stapled, un -bound copies in sealed envelope(s), and One electronic copy uploaded onto a thumb/flash drive Delivered to: City of San Rafael Department of Public Works 111 Morphew Street San Rafael, CA Attention: Director of Public Works INSURANCE REQUIREMENTS: Professional Liability: $1 M per occurrence, $2 aggregate Automotive Liability: $1 M combined, single limit Commercial General Liability: $1 M per occurrence ATTACHMENTS Standard City of San Rafael Professional Services Agreement U:\On-call Services\Environmental Services\RFQ for Environmental Services.doc -3 - AGREEMENT FOR PROFESSIONAL SERVICES FOR This Agreement is made and entered into this day of . 20__, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and (hereinafter "CONTRACTOR"). WHEREAS, WHEREAS, _ RECITALS AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: I. PROJECT COORDINATION. ; and A. CITY'S Project Manager. The 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. 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 as follows: 3. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as follows: 4. COMPENSATION. For the Rill performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR as follows: 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 (___) year(s) commencing on and ending on . Upon mutual agreement of the parties, and subject to the approval of the City Manager the term of this Agreement may be extended for an additional period of C__) year(s). 6. TERMINATION. A. Diseretionaq. 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 tenninalion, 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 (30) days after termination. 7. OWNERSHIP 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 properly for any purpose, including projects not contemplated by this Agreement. S. 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 filly 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 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 terns of this Agreement, CONTRACTOR shall nnaintain, at no expense to CITY, the following insurance policies: 1. A commercial general liability insurance policy in the minimum annount 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 perfornns any of the services required to be performed under this Agreement, a professional liability insurance policy in the miuinnuui 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 hnsurance Requirements. The insurance coverage required of. the CONTRACTOR in subparagraph A of this section above shall also meet the following requirements: I . 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. 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) clays 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; wl&hever 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 pare. 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 noliev 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. 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 Lidemnitees' 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 fiillest 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 willfiil 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 willfiil 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 5 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, iii 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. 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 i)ersonal 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: City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 TO CONTRACTOR's Project Director: 16. INDEPENDENT CONTRACTOR. 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. 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 mailer 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. Tile 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 terns 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. 21. CITY BUSINESS LICENSE / OTHER TAMES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code CONTRACTOR sllall 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 sllall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, 111o11th and year first above written. CITY OF SAN RAFAEL CONTRACTOR JIM SCHUTZ, City Manager Name: Title: ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN, City Attorney RANEY-1 OP ID: SS CERTIFICATE OF LIABILITY INSURANCE I DATE 06/09/209/20 6 16 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 CONTACT NAME: Steven Sanderson Paragon Insurance Services 301 Natoma Street, Suite 104 Ext :916-353-1023 FAX Nol; 916-353-1370 .�acNN Folsom, CA 95630 E-MAIL ADDRESS: steven@paragoninsservices.com INSURERS) AFFORDING COVERAGE NAIC t/ INSURER A: Security National Insurance Co 19879 INSURED Raney Planning & Management ,I INSURER B: California Auto 38342 Tim Raney 1501 Sports Drive INSURER C: Firemans Fund 21873 Sacramento, CA 95834 INSURER D: Scottsdale Insurance Company INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 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 DDL INSD ,555UBR� _ -- IWVD POLICY NUMBER POLICY EFF (MM/DD/YYYYI POLICY EXP (MM/DD/YYYYI LIMITS C X COMMERCIAL GENERAL LIABILITY I OCCURRENCE S 2,000,000 CLAIMS -MADE X OCCUR X X AZC80889053 08/30/2015 08/30/2016 _EACH PREMI E TO PoFNYED REMISES_(Ea occurrence) $ 100 000 MED EXP (Any one person)_ S 10,000 PERSONAL &ADV INJURY $ 2,000,000 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 _GENT X 1 POLICYECT LOC PRODUCTS - COMP/OP AGG S 2,000,000 OTHER: Ded. S 500 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT _(Ea accident) S 1,000,000 B X ANY AUTO X X BA040000005814 04/14/2016 04/14/2017 BODILY INJURY (Per person) S _ ALL OWNED SCHEDULED AUTOS AUTOS , BODILY INJURY (Per accident) S XX NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident S Ded $ 50C UMBRELLA LIAB OCCUR EACH_ OCCURRENCE S EXCESS LIAR CLAIMS -MADE - AGGREGATE S DED I 1RETENTIONS S WORKERS COMPENSATION X PER 1 AND EMPLOYERS' LIABILITY YIN STATUTE i—_l_ERH_ A �ANYPROPRIETOR/PARTNER/EXECUTIVE X SWC1107438 05/01/2016 05/01/2017 E.L. EACH ACCIDENT S 1,000,000 OFFICER/MEMBER EXCLUDED? r (Mandatory In NH) N / A E.L. DISEASE - EA EMPLOYE S 1,000,00_0 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT _ S 1,000,000 D Professional Liab EKI3163584 07/28/2015 07/28/2016 Agg/Occ $2mil/$lmil claims made Ded 500 DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space Is required) The City of San Rafael, its officers, agents, employees, and volunteers are additional insureds, including primary & non-contributory wording and waiver of subrogation, forms AB9189 0807 General Liability MCA8510 per under and 1213 under Commercial Auto. Waiver of subrogation included per form WC040306 under Workers' Compensation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of San Rafael THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 151560 San Rafael, CA 94915 AUTHORIZED REPRESENTATIVE @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ABC MultiCover - AB 91 89 08 07 This endorsement modifies insurance provided under the following: American Business Coverage Your policy is broadened and clarified as follows: 1. Non Employment Discrimination Liability Unless Personal Injury or Advertising Injury is excluded from this policy: A. Section III - Definitions, Item 17. Personal Injury is amended to include: f. Discrimination B. Section III - Definitions, Item 2. Advertising Injury is amended to include: e. Discrimination C. Section III - Definitions is amended to in- clude: 30. Discrimination means the unlawful treat- ment of individuals based on race, color, ethnic origin, gender, religion, age, or sexual preference. D. Section II - Liability Coverage, Part H. Ex- clusions, Item Lp Personal Injury or Adver- tising Injury is amended to include: (11) Arising out of discrimination directly or indirectly related to the past employ- ment, employment or prospective em- ployment of any person or class of persons by any insured; or (12) Arising out of discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any dwelling, permanent lodging, or premises by or at the direction of any insured; or (13) Arising out of discrimination, if insurance thereof is prohibited by law; or (14) Fines, penalties, specific performance, or injunctions levied or imposed by a go- vernmental entity, or governmental code, law, or statute because of discrimination 2. Blanket Additional Insured Section II - Liability Coverage, Part I. Who Is An Insured, Item 2. is amended to include: f Any person or organization that you are re- quired by a written insured contract to include as an insured, subject to all of the following provisions: (1) Coverage is limited to their liability aris- ing out of (a) the ownership, maintenance or use of that part of the premises, or land owned by, rented to, or leased to you; or (b) your ongoing operations performed for that insured; or (c) that insured's financial control of you; or (d) the maintenance, operation or use by you of equipment leased to you by such person(s) or organization(s); or This Form must be attached to Change Endorsement when issued after the policy is written. One of the Fireman's Fund Insurance Companies as named in the policy dt)6 AJA Secretary President AB9189 8-07 E. -11rittk, /I Page 1 of 6 (e) a state or political subdivision per- assumption of liability in a contract mit issued to you. or agreement. This exclusion does not apply to liability for damages (2) Coverage does not apply to any occur- that the vendor would have in the rence or offense: absence of the contract or agree - (a) which took place before the exe- ment; cution of, or subsequent to the b. Any express warranty unauthorized completion or expiration of, the by you; written insured contract, or 3. Blanket Additional Insured for Vendors Unless the Products -Completed Operations Haz- ard is excluded from this policy, Section 11 - Li- ability Coverage, Part 1. Who Is an Insured, Item 2. is amended to include: g. Any vendor but only with respect to Bodily Injuryor Property Damage arising out of your products which are distributed or sold in the regular course of the vendor's business, sub- ject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. Bodily Injury or Property Damage for which the vendor is obligated to pay damages by reason of the AB9189 8-07 g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. 2. This insurance does not apply to any in- sured person or organization, from whom you have acquired such products, or any ingredient, part or container, en- tering into, accompanying or containing such products. If an Additional Insured - Vendors endorsement is attached to this policy that specifically names a person or organization as an insured, then this coverage does not apply to that person or organ- ization. Page 2 of 6 C. Any physical or chemical change in (b) which takes place after you cease to the product made intentionally by be a tenant in that premises. the vendor; (3) With respect to architects, engineers, or d. Repackaging, unless unpacked solely surveyors, coverage does not apply to for the purpose of inspection, dem- Bodily Bodily Injury, Property Damage, Per- Injury or Advertising Injury arising onstration, testing, or the substi- out of the rendering or the failure to tution of parts under instructions render any professional services by or for from the manufacturer, and then re- you including: packaged in the original container. a The preparing, approving, or failing e. Any failure to make such in- to prepare or approve maps, draw- spections, adjustments, tests or ser- ings, opinions, reports, surveys, vicing as the vendor has agreed to change orders, designs or specifica- make or normally undertakes to tions; and make in the usual course of busi- ness, in connection with the distrib- (b) Supervisory, inspection, or engi- ution or sale of the products; neering services. f. Demonstration, installation, servic- If an Additional Insured endorsement is attached ing or repair operations, except such to this policy that specifically names a person or operations performed at the vendor's organization as an insured, then this coverage does premises in connection with the sale not apply to that person or organization. of the product; 3. Blanket Additional Insured for Vendors Unless the Products -Completed Operations Haz- ard is excluded from this policy, Section 11 - Li- ability Coverage, Part 1. Who Is an Insured, Item 2. is amended to include: g. Any vendor but only with respect to Bodily Injuryor Property Damage arising out of your products which are distributed or sold in the regular course of the vendor's business, sub- ject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. Bodily Injury or Property Damage for which the vendor is obligated to pay damages by reason of the AB9189 8-07 g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. 2. This insurance does not apply to any in- sured person or organization, from whom you have acquired such products, or any ingredient, part or container, en- tering into, accompanying or containing such products. If an Additional Insured - Vendors endorsement is attached to this policy that specifically names a person or organization as an insured, then this coverage does not apply to that person or organ- ization. Page 2 of 6 4. Blanket Waiver of Subrogation Section II - Liability Coverage, Part K. Liability and Medical Payments General Conditions, is amended to include: 6. Transfer of Rights of Recovery Against Oth- ers to us and Blanket Waiver of Subrogation a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. b. If required by a written insured contract, we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your operations or your work for that person or organ- ization. 5. Broadened Named Insured Section II - Liability Coverage, Part I. Who Is An Insured, Item 4. is replaced with: 4. All of your subsidiaries, companies, corpo- rations, firms, or organizations, as now or hereafter constituted, qualify as Named In- sured under this policy if. (a) you have the responsibility of placing in- surance for each such entity; and (b) coverage for the entity is not otherwise more specifically provided; and (c) the entity is incorporated or organized under the laws of the United States of America. But each entity is insured only while you own, during the policy period, a controlling interest in such entity of greater than 50% of the stock or assets. However: (a) Coverage under this provision is afforded only until the end of the policy period, or the 12 month anniversary of the policy inception date, whichever is earlier; (b) Coverage C does not apply to bodily in- jury or property damage that occurred AB9189 8-07 before you acquired or formed the or- ganization; (c) Coverage C does not apply to personal injury or advertising injury arising out of an offense committed before you ac- quired or formed the organization. 6. Medical Payments Unless Coverage D. Medical Payments is excluded from this policy: A. Section II - Liability Coverage, Part H. Ex- clusions, Item 21 is replaced with: f. Included within the products -completed operations hazard. However, this exclu- sion does not apply to expenses for den- tal services. B. Section II - Liability Coverage, Part G. Cov- erage, Item 2., is amended to include: C. Coverage D. Medical Payments is pri- mary and not contributing with any other insurance, even if that other insur- ance is primary also. 7. Tenant's Legal Liability A. Section III - Liability Coverage, Part J. Li- ability and Medical Payments Limits of In- surance, Item 3. is replaced with: 3. The most we will pay under Coverage C - Liability for damages because of prop- erty damage to premises while rented to you, temporarily occupied by you with the permission of the owner, or managed by you under a written agreement with the owner: a. arising out of any Covered Cause of Loss shall be the greater of: (1) $1,000,000; or (2) The Tenant's Legal Liability limit shown in the Declarations. 8. Chartered Aircraft Section H - Liability Coverage, Coverage C, Part H. Exclusions, Item I.g. is amended to include: (5) An aircraft in which you have no ownership interest and that you have chartered with crew. Page 3 of 6 9. Coverage Territory Broadened Section III - Definitions, Item 5.a. is replaced with: a. The United States of America (including its territories and possessions), Puerto Rico, Ca- nada, Bermuda, the Bahamas, the Cayman Islands and the British Virgin Islands. 10. Broadened Advertising Injury Unless Advertising Injury is excluded from this policy: A. Section 111 - Definitions, Item 2. is replaced with: 2. Advertising Injury means injury arising out of one or more of the following of- fenses: a. Oral, written, televised or videotaped publication of material that slanders or libels a person or organization or disparages a person's or organiza- tion's goods, products or services; b. Oral, written, televised or videotaped publication of material that violates a person's right of privacy; C. Misappropriation of advertising ideas or style of doing business; or d. Infringement of trademark, copy- right, title or slogan. B. Section 11 - Liability Coverage, Coverage C, Part H. Exclusions, Items l.p.(I) and (2) are replaced with: (1) Arising out of oral, written, televised or videotaped publication of material, if done by or at the direction of the insured with knowledge of its falsity; (2) Arising out of oral, written, televised or videotaped publication of material whose first publication took place before the beginning of the policy period; 11. Broadened Personal Injury Unless Personal Injury is excluded from this pol- icy, Section 111 - Property, Liability and Medical AB9189 8-07 Payments Definitions, Items 17.b., d. and e. are replaced with: b. Malicious prosecution or abuse of process; d. Oral, written, televised or videotaped publica- tion of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written, televised or videotaped publica- tion of material that violates a person's right of privacy; 12. Broadened Personal or Advertising Injury Unless Personal Injury or Advertising Injury is excluded from this policy, Section 11 - Liability Coverage, Coverage C, Part H. Exclusions, Item l.p.(4) Exclusions is deleted in its entirety. 13. Fellow Employees Coverage Section 11 - Liability Coverage, Part I. Who Is an Insured, Item 2.a.(1) is amended as follows: (1) Personal Injury to you or to a co -employee while in the course of his or her employment, or the spouse, child, fetus, embryo, parent, brother, sister or any member of the house- hold of that employee or co -employee as a consequence of such Personal Injury, or for any obligation to share damages with or repay someone else who must pay damages because of the injury; or 14. Mental Anguish Is Included in Bodily Injury Section III - Definitions, Item 4. is replaced with: 4. Bodily injury means bodily injury, sickness or disease sustained by a person. It includes death or mental anguish which result at any time from such physical harm, physical sick- ness or physical disease. Mental anguish me- ans any type of mental or emotional illness or disease. 15. Unintentional Failure to Disclose Hazards Section II - Liability Coverage, Part K. Liability and Medical Payments General Conditions, is amended to include: Page 4 of 6 6. Unintentional Failure to Disclose Hazards If you unintentionally fail to disclose any ha- zards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. 16. Supplementary Payments, Increase Limits Section II - Liability Coverage, Part G. Coverage, Items Le. (2) and (4) are replaced with: (2) The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the in- sured at our request to assist us in the inves- tigation or defense of the claim or suit including substantiated loss of earnings up to $500 a day because of time off work. 17. Per Location Aggregate A. Section II - Liability Coverage, Part J. Limits of Insurance, Item 4. is amended to include: The Aggregate Limit of Insurance applies se- parately to each location owned by you, rented to you, or occupied by you with the permission of the owner. B. Section III - Property, Liability and Medical Payments Definitions, is amended to include: 31. Location means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of- way of railroad. 18. Amended Duties in the Event of an Occurrence, Offense Claim or Suit Section II - Liability Coverage, Part K. Liability and Medical Payments General Conditions, Items 2.a, and b. are replaced with: a. In the event of an occurrence, offense, claim, or suit, you must promptly notify us. Your duty to promptly notify us is effective when your executive officers, partners, members, or AB9189 8-07 legal representatives are aware of the General Liability occurrence, offense, claim, or suit. Knowledge of an occurrence, offense, claim, or suit by other employee(s) does not imply you also have such knowledge. b. To the extent possible, notice to us should include: (1) How, when and where the occurrence or offense took place; (2) The names, addresses, and telephone numbers of any injured persons and wit- nesses; and (3) The nature and location of any injury or damage arising out of the occurrence, of- fense, claim, or suit. 19. Common Policy Conditions (AB 00 09 A 01 87), Part H. Other Insurance, Item 2. is replaced with: 2. Coverage C - Liability If other valid and collectible insurance is available to any insured for a loss we cover under Coverage C of this Coverage Part our obligations are limited as follows: a. The insurance provided under this policy is primary if you are required by a written insured contract to include any person or organization as an insured, but only with respect to that insured's liability arising out of the ownership, mainte- nance, or use of that part of the premises owned by or rented to you, or your work for that insured by or for you. Any other insurance available to that person or or- ganization is excess and noncontributory with this insurance, or; b. Except for the circumstance described in 2.a., above, the insurance provided under this policy is excess over any other li- ability insurance available to any insured whether such other insurance is written as primary, excess, contingent or any other basis. An exception applies when any insured specifically has purchased excess insurance to apply in excess of the limits of insurance shown in the Decla- rations of this Coverage Part for Cover- age C. Page 5 of 6 20. Damage to Invitees' Automobiles from Falling Trees or Tree Limbs - Limited Coverage The policy applies to direct physical damage to automobiles owned by invitees subject to all of the following: I. Provided such damage originates from prem- ises owned, managed, leased or rented by an insured; 2. Coverage applies only to invitees of an in- sured or an insured's tenant; 3. Such damage is directly caused by wind -driven falling trees or tree limbs; 4. The most we will pay for any one loss is the lesser of the actual cash value of the damaged automobile as of the time of the loss; or the cost of repairing or replacing the damaged automobile with another automobile of like AB9189 8-07 kind and quality; subject to a limit of $25,000 in any one policy period; and 5. This coverage is not subject to the General Liability General Aggregate Limit. 21. Expected or Intended Injury - Amendment to Ex- clusion SECTION I. - 2. EXCLUSIONS a. Expected or Intended Injury, is replaced by the following: a. Expected or Intended Injury Bodily injury or propertydamage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or prop- erty. All other terms and conditions of the policy apply. Page 6 of 6 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Business Auto Broadening Endorsement This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. NEWLY ACQUIRED OR FORMED ENTITY (BROAD FORM NAMED INSURED) II. EMPLOYEES AS INSUREDS III. AUTOMATIC ADDITIONAL INSURED IV. EMPLOYEE HIRED AUTO LIABILITY V. SUPPLEMENTARY PAYMENTS VI. FELLOW EMPLOYEE COVERAGE VII. ADDITIONAL TRANSPORTATION EXPENSE VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE X. LOAN/LEASE GAP COVERAGE XI. GLASS REPAIR — DEDUCTIBLE WAIVER XII. TWO OR MORE DEDUCTIBLES XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS XIV. WAIVER OF SUBROGATION XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT XVIII. HIRED AUTO — COVERAGE TERRITORY XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH Copyright 2013 Mercury Insurance Services, LLC. All rights reserved. MCA85101213-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 1 of 6 BUSINESS AUTO COVERAGE FORM I. NEWLY ACQUIRED OR FORMED ENTITY (Broad Form Named Insured) SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: d. Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisition or formation of the business entity. Coverage under this provision is afforded only until the end of the policy period. Coverage does not apply to an "accident' which occurred before you acquired or formed the organization. II. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: e. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. Ill. AUTOMATIC ADDITIONAL INSURED SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: f. Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. IV. EMPLOYEE HIRED AUTO LIABILITY SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: g. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. V. SUPPLEMENTARY PAYMENTS SECTION II — LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments, Subparagraphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We are not obligated to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. Copyright 2013 Mercury Insurance Services, LLC. All rights reserved. MCA85101213-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 2 of 6 VI. FELLOW EMPLOYEE COVERAGE: SECTION II — LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee This exclusion does not apply if you have workers' compensation insurance in -force covering all of your "employees". Coverage is excess over any other collectible insurance. VII. ADDITIONAL TRANSPORTATION EXPENSE SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses, is replaced with the following: We will pay up to $50 per day to a maximum of $1000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". If your business shown in the Declarations is other than an auto dealership, we will also pay up to $1,000 for reasonable and necessary costs incurred by you to return a stolen covered auto from the place where it is recovered to its usual garaging location. VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, the following is added: If hired "autos" are covered "autos" for Liability Coverage in this policy and Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this coverage form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire, subject to the following limit: (1) The most we will pay for "loss" to any hired "auto" is $50,000 or Actual Cash Value or Cost of Repair, whichever is less (2) $500 deductible will apply to any loss under this coverage extension, except that no deductible shall apply to "loss" caused by fire or lightning Subject to the above limit and deductible we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own of similar size and type. This coverage extension is excess coverage over any other collectible insurance. IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, 3.a., is amended to add the following: This exclusion does not apply to the accidental discharge of an airbag. Copyright 2013 Mercury Insurance Services, LLC. All rights reserved. MCA85101213-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 3 of 6 X. LOAN/LEASE GAP COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE C. Limit of Insurance, the following is added: 4. In the event of a "total loss" to a covered "auto" shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered "auto," less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease/loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage. (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. XI. GLASS REPAIR — DEDUCTIBLE WAIVER SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. XII. TWO OR MORE DEDUCTIBLES SECTION III -PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added: If two or more "company" policies or coverage forms apply to the same accident: 1. If the applicable Business Auto deductible is the smallest, it will be waived; or 2. If the applicable Business Auto deductible is not the smallest, it will be reduced by the amount of the smallest deductible; or 3. If the loss involves two or more Business Auto coverage forms or policies the smallest deductible will be waived. For the purpose of this endorsement "company" means the company providing this insurance and any of the affiliated members of the Mercury Insurance Group of companies. XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit, Or Loss, a., In the event of "accident", you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. Copyright 2013 Mercury Insurance Services, LLC. All rights reserved. MCA85101213-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 4 of 6 XIV. WAIVER OF SUBROGATION SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights Of Recovery Against Others To Us, section is replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation, or Fraud, the following is added: Any unintentional omission of or error in information given by you, or unintentional failure to disclose all exposures or hazards existing as of the effective date or at any time during the policy period shall not invalidate or adversely affect the coverage for such exposure or hazard or prejudice your rights under this insurance. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, b. For Hired Auto Physical Damage Coverage, is replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: 1. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, the following is added and supersedes any provision to the contrary: e. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Copyright 2013 Mercury Insurance Services, LLC. All rights reserved. MCAS5101213-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 5 of 6 XVIII. HIRED AUTO -COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 7. Policy Period, Coverage Territory, e. Anywhere in the world if:, is replaced by the following: e. Anywhere in the world if: (1) A covered "auto" is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and (2) The "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico, or Canada or in a settlement we agree to. XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH SECTION V — DEFINITIONS, C. "Bodily Injury' is amended by adding the following: "Bodily injury" also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease. Copyright 2013 Mercury Insurance Services, LLC. All rights reserved. MCA85101213-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 6 of 6 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 01-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization as required by written contract. $250.00 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 5/1/2016 Policy No. SWC1107438 Endorsement No. WC 04 03 06 Insured Raney Planning & Management Inc. Premium $ 5928 Insurance Company Security National Insurance Company Countersigned by WC 04 03 06 (Ed. 01-84) 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 aereements/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 t6 agreement.�� 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed 4//,4it'` originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City V/ Ordinance*). 4 City Attorney Review and approve form of agreement; bonds, an insurances ertificates and n orsements. )LPAPAm-mv--, / 5 City Manager / Mayor / or Agreement executed by Council authorized Department Head official. 6 City Clerk City Clerk attests signatures, retains original tfl� 2v agreement and forwards copies to the contracting department. To be completed by Contracting Department: Project Manager: Project Name: O,j—G3t 1_nv', v,r.,t ,v,,v,,, 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.