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PW Albert Park Baseball Stand Roof RepairAGREEMENT FOR PROFESSIONAL SERVICES FOR ALBERT PARK BASEBALL STAND ROOF REPAIR This Agreement is made and entered into this �U day of DeceYnbe-V , 201q, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Martin & Martin Consulting Engineering, Inc. (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the CITY has determined that professional services are required to perform engineering services for to repair the roof in Albert Park; and WHEREAS, the CONTRACTOR has agreed to render such services. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: PROJECT COORDINATION. A. CITY'S Project Manager. Theo Sanchez is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. 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. Emily Guglielmo is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties and/or provide services outlined in CONTRACTOR's proposal dated October 9, 2019, marked Exhibit A, attached hereto, and incorporated herein. 3. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as described in Exhibit A, attached hereto, and incorporated herein. y-�)-Wk1 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR on an hourly basis, for services rendered in accordance with the rates shown in Exhibit A, attached hereto, and incorporated herein, in an amount not to exceed $2,500. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. TERM OF AGREEMENT. The term of this Agreement shall commence upon the date of execution of this Agreement and end one (1) year after the Agreement is executed. 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 up to one (1) year(s). 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. 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. 8. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its perfomlance 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 perfonnance 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 tern 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 insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. 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 or worker's compensation insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) under the policies. 2. The additional insured coverage under CONTRACTOR'S insurance policies shall be "primary and noncontributory" with respect to any insurance or coverage maintained by 3 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 or worker's compensation insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Agreement, CONTRACTOR hereby grants to CITY a waiver of any right to subrogation which any insurer of CONTRACTOR may acquire against CITY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. 5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the CONTRACTOR under this agreement. C. Deductibles and SIR's. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT MANAGER or CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. 11. INDEMNIFICATION. A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the fiillest extent pennitted by law, indemnify, release, defend with counsel approved by CITY, and hold hannless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONTRACTOR'S performance of its obligations or conduct of its operations under this Agreement. The CONTRACTOR's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONTRACTOR's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising frorn CONTRACTOR'S perfonnance 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 perfonned by a design professional as that terns is defined under Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil Code sections 2782, 2782.6 and 2782.8, CONTRACTOR shall indemnify and hold harmless the CITY and its officers, officials, and employees (collectively City Indemnitees) from and against damages, liabilities or costs (including incidental damages. Court costs, reasonable attorney's fees as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in connection therewith and costs of investigation) to the extent they are caused by the negligence, recklessness, or willful misconduct of CONTRACTOR, or any subconsultants, or subcontractor or anyone directly or indirectly employed by them, or anyone for whom they are legally liable (collectively Liabilities). Such obligation to hold hannless and indemnify any indemnity shall not apply to the extent that such Liabilities are caused in part by the negligence or willfirl misconduct of such City Indemnitee. C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the tennination 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 hannless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences frorn 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 comununications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY's Project Manager: TO CONTRACTOR's Project Director: Theo Sanchez City of San Rafael 111 Morphew Street San Rafael, CA 94901 Emily Guglielmo Martin/Martin, hic. 700 Larkspur Landing Circle, Suite 155 Larkspur, CA 94939 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 teens and conditions of the attached exhibits or the documents expressly incorporated by reference, the tern -is 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 1 OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 22. SURVIVAL OF TERMS. Any terms of this Agreement that by their nature extend beyond the tenn (or tennination) of this Agreement shall remain in effect until ftilfilled, and shall apply to both Parties' respective successors and assigns. 23. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 24. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one document. Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL SC UTZ, City ai ager CONTRACTOR By: &Q% Name: Emily Guglielmo Title: Principal ATTEST: LINE AY LARA, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN, C y Atto y [If Contractor is a corporation, add signature of second corporate officer] Name: Title: Exhibit A M_ ARTIN/MARTIN .0000e" CONSULTING ENGINE E RS October 9, 2019 Theo Sanchez City of San Rafael Department of Public Works 111 Morphew Street San Rafael, California 94901 PROPOSED AGREEMENT FOR SERVICES Martin/Martin, Inc. is hereby authorized to perform the following engineering services for: Job Title: Albert Park Baseball Stand Roof Repair I. PROJECT DESCRIPTION Services were determined from an email received from Theo Sanchez on October 4th, 2019. II. SERVICES Proposal A. Prepare wet stamped and signed structural calculations for a temporary repair of the roof boards at Albert Park Baseball Stand located at 155 Andersen Dr, San Rafael, CA 94901. B. Redline repair detail drawn by others with structural information based on the analysis and structural calculations for the temporary roof repair. III. MARTIN/MARTIN, INC. TERMS AND CONDITIONS OF SERVICE All work directed in writing by the Owner and completed by Martin/Martin, Inc. prior to the execution of the final Agreement for the Project will be subject to the Terms and Conditions noted below. The Terms and Conditions noted below form the basis of the proposed fee. Martin/Martin, Inc. reserves the right to modify the fee in response to any changes to these terms in the final Agreement. IV. RESPONSIBILITIES OF MARTIN/MARTIN, INC. Martin/Martin, Inc. will perform professional engineering services as specified under "Services." V. RESPONSIBILITIES OF CLIENT A. Provide all criteria and full information as to requirements of the Project. MARTIN/MARTIN, INC. 700 Larkspur Landing Circle, Suite 155 Larkspur California 94939 Lakewood, CO Avon, CO Fort Collins, CO Northwest Arkansas Albuquerque, N1v1 Cheyenne, WY 415 814 0030 mmwyo.com martinmartin.com Albert Park Baseball Stand Roof Repair October 9, 2019 B. Designate a person to act as a representative with respect to professional and contractual "Services" of Martin/Martin, Inc. C. Give prompt notice to Martin/Martin, Inc. of any development that affects the scope and/or timing of Martin/Martin, Inc. "Services." D. Coordinate Martin/Martin, Inc. work with that of other Consultants. VI. PERIOD OF SERVICE The "Services" of Martin/Martin, Inc. and compensation therefore have been agreed to in anticipation of the orderly and continuous progress of the Project as specified under "Services." VII. MISCELLANEOUS A. If, at anytime, the scope of the Project is changed from that on which the "Proposed Agreement For Services" is based, the scope and compensation will be subject to renegotiation. B. It is expressly understood and agreed, notwithstanding any reference to any rule or regulation, that Martin/Martin, Inc. has no responsibility or duty for guaranteeing, warranting, directing or superintending the Contractor's work methods, safety of the jobsite, processes, failure to carry out the work in accordance with contract requirements, timeliness in performance of the work or any other aspect of construction for which the Contractor has responsibility. C. All work completed by the 251h of the month will be billed the following month. Payment is due on receipt of the bill. If payment is not received by Martin/Martin, Inc. within thirty (30) days after the date of the bill, Martin/Martin, Inc. may: 1. After giving seven (7) days written notice, suspend work until payment is received, and/or; 2. Add to amounts over thirty (30) days due, a service charge of one and one-half (1-1/2) percent per month (annual percentage rate: 18%). 3. In the event of any non-payment of any amounts billed and due, Client agrees to pay a service charge and all costs of collection, including Attorneys' fees. In the event of delay or suspension of work by reason of this paragraph, Martin/Martin, Inc. will be entitled to reimbursement of all costs related to such delay or suspension. Any delay caused by a suspension of work under this paragraph shall not be deemed a breach of this Agreement by Martin/Martin, Inc. D. If the Project is postponed, delayed, suspended, or abandoned for any reason other than the provisions of Paragraph C above, Martin/Martin, Inc. will be paid for all work already performed, based on the Schedule of Rates and Charges under "COMPENSATION." If terminated by the Client all additional costs incurred by Martin/Martin, Inc. due to said postponement, delay, suspension or abandonment. E. This Agreement may be terminated by either party on seven (7) days written notice to the other party, in which case, Martin/Martin, Inc. will be paid for all work already performed, based on Page 215 Albert Park Baseball Stand Roof Repair October 9, 2019 the Schedule of Rates and Charges under "Compensation," plus all additional costs incurred by Martin/Martin, Inc. due to said termination will be included in said compensation. Any opinions of probable project costs or construction costs rendered by Martin/Martin, Inc. represent its best judgment and are furnished for general guidance. Martin/Martin, Inc. makes no warranty or guaranty, either expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs. G. Martin/Martin, Inc. will perform its "Services" in accordance with the applicable Standard of Care, which is defined as the provision of professional services in a manner consistent with that degree of care and skill ordinarily exercised by members of the engineering profession currently practicing under similar circumstances at the same time and in the same locality ("Standard of Care"). Martin/Martin, Inc. makes or gives no warranty or guarantee of any kind, expressed or implied, as part of its provision of services. H. Insurance: Martin/Martin, Inc. agrees to maintain policies of insurance in effect during the term of this Agreement, as follows: 1. Worker's Compensation in accordance with applicable law and Employer's Liability Insurance with limits of not less than one hundred thousand dollars ($100,000). 2. Commercial General Liability Insurance, with limits of liability for each occurrence and in the aggregate, of not less than one million dollars ($1,000,000). 3. Business Automobile liability insurance covering all owned, hired, or non -owned vehicles with combined single limit of liability for bodily injury and property damage of not less than one million dollars ($1,000,000). 4. Professional liability insurance policy limits of not less than two million dollars ($2,000,000) per claim and three million dollars ($3,000,000) annual aggregate limit. 5. At any time during the term of this Agreement, the "Client" may request Martin/Martin, Inc. and/or its consultants procure and maintain other or additional insurance, provided that a) such additional insurance coverage is available to Martin/Martin, Inc.; and b) "Client" reimburses Martin/Martin, Inc. and/or its consultant for all of the costs of such additional insurance, including professional and administrative time expended by Martin/Martin, Inc. in obtaining it. The Client agrees to limit Martin/Martin, Inc.'s and Martin/Martin, Inc. Consultants, and its officers, directors, and employees liability to the Client and to all construction contractors and subcontractors on the Project arising from Martin/Martin, Inc. negligent acts, errors or omissions, such that Martin/Martin, Inc. total aggregate liability to all these named will not exceed $50,000 or Martin/Martin, Inc. total compensation for "SERVICES" rendered on this Project, whichever is less. J. This Agreement is governed by the laws of the State of California. K. Martin/Martin, Inc. and Client each binds himself and his partners, successors, executors, administrators, assigns and legal representatives unto the other in respect to all covenants, agreements and obligations of this Agreement. Page 315 Albert Park Baseball Stand Roof Repair October 9, 2019 L. If Martin/Martin, Inc. is asked by the Client to subcontract certain geotechnical, architectural, or laboratory testing services on behalf of the Client, Martin/Martin, Inc. agrees to do so only as an accommodation to the Client and in reliance upon the Client's assurance that the Client will make no claim nor bring any action at law or in equity against Martin/Martin, Inc. as a result of this subcontracted service. The Client understands that Martin/Martin, Inc. is neither trained nor knowledgeable in the procedures or results of the subcontractor's services and the Client shall not rely upon Martin/Martin, Inc. to check the quality or accuracy of their services. In addition, the Client agrees to the fullest extent permitted by law to indemnify and hold Martin/Martin, Inc. harmless from any damage, liability or cost (including reasonable Attorneys' fees and costs of defense) arising from the services performed by this subcontractor except only those damages, liabilities or costs caused by the sole negligence or willful misconduct of Martin/Martin, Inc. M. The Client acknowledges that Martin/Martin, Inc.'s scope of services does not include any services related to the presence of any hazardous or toxic materials. In the event that Martin/Martin, Inc. or any other party encounters any hazardous or toxic materials, or should it become known to Martin/Martin, Inc. that such materials may be present on or about the jobsite or any adjacent areas that may affect the performance of Martin/Martin, Inc. "Services," Martin/Martin, Inc. may, at its option, and without liability for consequential or any other damages, suspend performance of its "SERVICES" under this Agreement until the Client retains appropriate Consultants or Contractors to identify and abate or remove the hazardous or toxic materials and warrants that the jobsite is in full compliance with all applicable laws and regulations. N. All documents, including drawings and specifications, as instruments of service, are the property of Martin/Martin, Inc., whether the work for which they are prepared be executed or not, and are not to be used on other work, including repetitive construction, except by specific, written agreement. Such documents may be retained by the Client with other documents pertaining to the Project. Documents shall not be altered in any manner without the permission of Martin/Martin, Inc. VIII. COMPENSATION All services will be provided on an hourly basis, at the rates and charges listed below, not to exceed the total fee below: Phase1: Design and Analysis.................................................................................................$2,000 Phase 2: Construction Support ................................................................................................. 500 Total: ....................... $2,500 Page 415 Albert Park Baseball Stand Roof Repair October 9, 2019 IX. LABOR RATES Principal ....................................$215 per hour Engineer EIT I .............................$130 per hour Associate ................................... $205 per hour Sr. Designer ................................ $140 per hour Sr. Project Engineer ................... $185 per hour Designer ....................................... $125 per hour Sr. Bldg. Envelope Specialist ..... $185 per hour Technician III................................$115 per hour Project Engineer ........................ $170 per hour Technician II ................................. $105 per hour Bldg. Envelope Specialist .......... $170 per hour Technician I ....................................$95 per hour Professional Engineer ............... $160 per hour Administrative Assistant ................ $70 per hour Engineer EIT II ........................... $140 per hour Engineering Intern ......................... $65 per hour Rates for personnel above are subject to review each year. Please sign below and return to Martin/Martin, Inc. as authorization to proceed. ACCEPTANCE AND AUTHORITY Martin/Martin, Inc. "Client": City of San Rafael By: Name: 414wotwBy: Emily Guglielmo Name Title: Principal Title: Theo Sanchez PE: California SE: 5902 Client Project No.: Project Manager: Sarah Outzen END OF DOCUMENT Page 515 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Theo Sanchez Extension: 5326 Contractor Name: Martin & Martin Consulting Engineering, Inc. Contractor's Contact: Sarah Outzen Contact's Email: soutzen@martinmartin.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT Project Manager DATE Check/Initial 1 a. Email PINS Introductory Notice to Contractor (,, r, :, ,� ❑ enter a cla,k b. Email contract (in Word) and attachments to City 10/18/2019 Attorney c/o Laraine.Gittens@cityofsanrafael.org ® IK 2 City Attorney a. Review, revise, and comment on draft agreement 10/28/2019 ® LG and return to Project Manager 10/28/2019 ® LG b. Confirm insurance requirements, create Job on Department Director PINS, send PINS insurance notice to contractor 3 Approval of final agreement form to send to Click or tap ❑ contractor to enter a date. 4 Project Manager Forward three (3) originals of final agreement to Click here to ❑ contractor for their signature When necessary, contractor -signed agreement enter a date. 5 Project Manager ® N/A agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to Date of City Council approval enter a date. _ 11/20/19 PRINT Project Manager CONTINUE ROUTING PROCESS WITH HARD COPY 6 Forward signed original agreements to City Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed IZ)'2�' q Q �, agreement Review and approve insurance in PINS, and bonds r ✓ 8 City Attorney /j3�� (for Public Works Contracts) 2 9 9 City Manager/ Mayor Agreement executed by City Council authorized official Attest signatures, retains original agreement and 10 City Clerk forwards copies to Project Manager 12-11 q I J a '-