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PW ADA Assessment and Design ServicesAGREEMENT FOR PROFESSIONAL SERVICES FOR ADA ASSESSMENT AND DESIGI�J�SERVICES This Agreement is made and entered into this -//- / day of April, 2015, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and SALLY SWANSON ARCHITECTS, INC., a corporation (hereinafter "CONTRACTOR"). RECITALS WHEREAS, CITY has the need for American's With Disability Act ("ADA") assessment and design services; and WHEREAS, CONTRACTOR has expertise in providing ADA assessment and design services to public agencies, and has provided such services to CITY in the past; AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY'S Project Manager. The CITY's Acting 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. Sally Swanson 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 described in Exhibit A attached hereto. 3. DUTIES OF CITY. CITY shall cooperate with CONTRACTOR in carrying out its duties hereunder, and shall pay the compensation as provided in Paragraph 4. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR compensation at the hourly rates set forth in Exhibit A attached hereto, in an amount not to exceed $20,000. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT. The term of this Agreement shall be for one year commencing on April , 2015 and ending on April , 2016. Upon mutual agreement of the parties, and subject to the approval of the City Manager, the term of this Agreement may be extended for up to two addional one year periods. 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 CONTRACTOWs 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. OWNERSI IIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 8. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE. A. Scope of Coverage. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of two million dollars ($2,000,000) per occurrence/four million dollars ($4,000,000) aggregate, to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. Where CONTRACTOR is a professional not required to have a professional license, CITY reserves the right to require CONTRACTOR to provide professional liability insurance pursuant to this section. 4. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. CONTRACTOR'S worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONTRACTOR in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 2. The additional insured coverage under CONTRACTOR'S insurance 9 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, 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 fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONTRACTOR'S performance of its obligations or conduct of its operations under this Agreement. The CONTRACTOR's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONTRACTOR's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR'S performance of or operations under this Agreement, CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. B. Where the services to be provided by CONTRACTOR under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend and hold harmless the City Indemnitees from and against any CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such CLAIM which is caused by the sole negligence or willful misconduct of CITY. C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 12. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY's Project Manager: Kevin McGowan Acting Public Works Director Public Works Department City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 TO CONTRACTOR's Project Director: Sally Swanson, CEO Sally Swanson Architects, Inc. 220 Sansome Street, Suite 1100 San Francisco, CA 94104 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. 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 performed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL Y ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN, City Attorney By: �ame. SALLY SW SON ATTACHMENT A April 24, 2015 Richard Landis Public Works Administrative Manager City of San Rafael 111 Morphew Street San Rafael, CA 94915 (via email) SALLY SWANSON Re: Professional Access Compliance Consulting Services Terra Linda Community Garden, Falkirk Cultural Center & Boyd Gate House SSA No. 24056.28 Dear Mr. Landis: As per your request, please find a standard professional services agreement with an hourly rate schedule for access compliance services to provide Revised Construction Drawings for Terra Linda Communitv Garden, and Project: Access Compliance Survey Reports for Falkirk Cultural Center & Bovd Gate House all located in San Rafael, CA 94901 Over the years, we have established ourselves as experts in accessibility code regulations. Sally Swanson Architects, Inc. (SSA) has extensive consulting experience in assessing, documenting, and evaluating code compliance issues in public facilities. Our firm has emerged as a leading access compliance consulting specialist that the California Division of the State Architect (DSA) relies upon to analyze and evaluate intricate code compliance issues, as well as develop and implement feasible solutions. Our staff includes Certified Access Specialists (CASp) and ICC -certified accessibility inspectors and plans -examiners with several years of project experience, which have also afforded us the ability to coordinate complex projects. Please review the proposal, wet sign and return page 2 to acknowledge receipt and acceptance to the terms herein. If you have any questions or concerns, please do not hesitate to call my associate Ann Wright at 415-445-3045 ext 120. We look forward to working with you. Sincerely, Sally Swanson, AIA CEO, Sally Swanson Architects, Inc. Enclosures Mr. Richard Landis, City of San Rafael Std. Agreement — Professional Consulting Services April 22, 2015 SCOPE OF WORK DESCRIPTION SSA agrees to provide professional access compliance consulting services to the client, City of San Rafael as requested on the following three tasks. SSA will be working under the direct supervision of designated City staff only. Services to be included are as follows: Community Gardens Services include reviewing drawings (3), visiting the existing site and revising the construction drawing for compliance with ADAS & CBC 2013. We will respond to questions, review the completed work and provide a CASp certificate. Falkirk Cultural Center & Boyd Gatehouse Services include an accessibility code compliance inspection report of the Falkirk Cultural Center and the Bovd Gatehouse including their associated exterior elements with the applicable accessibility regulations and codes - ADA and CBC. SSA will submit monthly invoices that include applicable reimbursable expenses for work completed during the previous month. Applicable standards are Title II of the Americans with Disability Act (ADA), the ADA Standards for Accessible Design, and Title 24 of the California Code of Regulations (2013 edition). SSA will conduct the survey in a non -intrusive manner. SSA will travel to the facility and conduct an access compliance survey. The Boyd Gatehouse survey will include all three stories of the Gatehouse, the park restrooms, play structure, Path of Travel (P.O.T.) from the public sidewalk at the driveway and the Mission Street gates to the Gatehouse, P.O.T. within the site to restrooms, to play structure to Gatehouse, and tennis court, and associated accessible elements such as drinking fountains, benches, etc. in the designated exterior and interior spaces of this facility. The Falkirk House will include the P.O.T. from street site entry as well as from accessible parking to the entrance of the facility along with the accessible parking spaces serving the facility and all interior spaces of the Falkirk House. The survey excludes all General exceptions specified in CBC Section 11 B-203: raised security or fire/life safety areas; spaces not customarily occupied and accessed only by ladders, catwalks, crawl spaces, or very narrow passageways; and machinery spaces, frequented only by service personnel for maintenance, repair or occasional monitoring purposes. Employee work areas and State Historical Building code exceptions shall be noted. SSA will identify any code deviations and prepare and submit a report to the City that lists all identified access barriers including: - Description of barrier. - Their individual location of barrier (Barrier Location Map). - Photo of identified barrier. - The as -built measurement. - The applicable citation in the ADA or ADAAG and CCR Title 24. - Proposed solution (structural alteration or administrative modification) with preliminary cost estimate. 04/22/2015 Sally Swanson Architects, Inc. Page 2 of 4 Mr. Richard Landis, City of San Rafael Std. Agreement — Professional Consulting Services April 22, 2015 Upon request SSA can provide the following optional services that are not included in this scope of work: - Formatting or integration into existing transition plan (severities, prioritization, etc.). - Development of a barrier removal project implementation schedule. - Forensic code research. - Preparation and appearance as expert witness. - Additional site visits or meetings. - Design and construction drawings and specifications - Construction cost estimate for the barrier removal. DELIVERABLE & FEE Revised Terra Linda Community Garden's Accessible Plots in AutoCAD format Access Compliance Survey report in electronic PDF format and CSV or XLS format, TOTAL not -to -exceed Fee for these three tasks - $18,685 SSA HOURLY BILLING RATES Following rates are effective as of July 1, 2014. SSA reserves the right to adjust these rates. Hourly Billing Rates for Code Compliance Services: Principal $225.00 Director $185.00 Project Manager $160.00 — Surveyor $90.00 — Technical Staff $90.00 Hourly rate schedule for litigation assistance/expert witness services provided upon request. List of Reimbursable Expenses (if applicable): — Project travel expenses — car rental/mileage, per diem, tolls, etc — Expense of reproduction, postage and delivery of documents Reimbursable expenses are reimbursable at 110% of the actual amounts incurred. 04/2212015 Sally Swanson Architects, Inc. Page 3 of 4 Mr. Richard Landis, City of San Rafael Std. Agreement — Professional Consulting Services April 22, 2015 MISCELLANEOUS PROVISIONS Client acknowledges that requirements of the Americans with Disabilities Act (ADA) and other federal, state and local accessibility laws may be subject to various and possibly contradictory interpretations. SSA, therefore, will use reasonable professional efforts and judgment to interpret applicable ADA requirements and other federal, state, and local laws as they apply to the project. SSA, however, cannot and does not warrant or guarantee that the said project will fully comply with interpretations of these requirements by regulatory bodies or court decisions. Agreed and Accepted: X Mr. Richard Landis Date Public Works Administrative Manager City of San Rafael 04/22/2015 Sally Swanson Architects, Inc. Page 4 of 4 Client#:. _d ,SALLYSWANI ACORD. CERTIFICATE OF LIABILITY INSURANCEDATE(MM/DD/YYYY) 3/20/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) 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: Dealey, Renton & Associates PHONE -'A%.... _ EXE: 510 465-3090 (ac N�; 510 452-2193 P. O. Box 12675 E( �, Lo, Oakland, CA 94604-2675 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC p 510 465-3090 .... _ INSURER A: Sentinel Insurance Co. LTD 11000 INSURED INSURER B: Hartford Ins. Co of Midwest 37478 Sally Swanson Architects, Inc. INSURER c: Hudson Insurance Company 25054 220 Sansome Street, Suite 1100 San Francisco, CA 94104 INSURER D 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 CONTRACTOR 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 TADDL SUER, POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,INSR WVD ' POLICY NUMBER (MMIDDNYYY) ](MM/DD/YYYY1 LIMITS A GENERAL LIABILITY 57SBWBHO903 11/15/2014111/15/2015 EACHOCCURRENCE s1,000,000 COMMERCIAL GENERAL LIABILITY GENERAL LIAB DAMAGE TO RENTED PREMISES (Ea occurrence) $1,0001000 XA CLAIMS MADE XI OCCUR EXCLUDES CLAIMS _ _ MED EXP (Any one person) 5101000 ARISING OUT OF PERSONAL & ADV INJURY 51,000,000 THE PERFORMANCE GENERAL AGGREGATE s2 000 000 GENT. AGGREGATE LIMIT APPLIES PER: OF PROFESSIONAL PRODUCTS - COMP/OP AGG s2,000,000 POLICY f .XI JPF° Loc SERVICES. S AUTOMOBILE LIABILITY A 57UEGAE7910 07/01/20141 COMBINED SINGLE LIMUT 07/01/2015, Ea accident} X1,000,000 X ANY AUTO BODILY INJURY (Per person) S ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) S X X NON -OWNED PROPERTY DAMAGE S HIRED AUTOS AUTOS LPer accident .. S _ ..., .. UMBRELLA UAB OCCUR EACH OCCURRENCE I S EXCESS LIAB CLAIMS MADE AGGREGATE S -57WEGGD6783 S B COMPENSATION 05/08/2014 05/08/2015 I Imo" AND EMPLOYERS'RETENTIONS ILII LIABILITY YN ....IWTM,.IMIM .... ... ANFICERJ RIETOREMBER EAC UDED ECUTIVE E.L. EACH ACCIDENT $1,000,000 N / A (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE' $1 10 0 01000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE POLUCY LIMIT $1,000,000 C Professional AEE7290000 05/03/2014 05/03/201 $1,000,000 per claim Liability $3,000,000 annl aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) All Operations of the Named Insured. City of San Rafael, its officers, agents, employees, and volunteers are additional insureds for General Liability per policy form wording. Professional Liability deductible: $15,000/claim. Cancellation provisions are solely as shown below. CERTIFICATE HOLDER CANCELLATION City of San Rafael SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Department of Public Works ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 151560 San Rafael, CA 94915-1560 AUTHORIZED REPRESENTATIVE 1P4W&7_ U5060-1 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1277151 /M1165300 NMF Insured: Sally Swanson Architects, Inc. Insurer: Sentinel Insurance Co. LTD Policy Number: 57SBWBHO903 Policy Effective Date: 11/15/2014 Additional Insured: City of San Rafael, its officers, agents, employees, and volunteers EXCERPTS FROM: Hartford Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM C. WHO IS AN INSURED 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. f. Any Other Party (1) Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury, "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products- completed operations hazard, but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury, "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: inspection, or engineering E.5. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. E.7.b.(7).(b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. E.8.b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. 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 urofessional services agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department Date 1 City Attorney Review, revise, and comment on draft agreement. 4/27/15 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. 4/30/15 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). N/A 4 City Attorney Review and approve form of agreement; 0 bonds and insurance certificates and endorsements. 5 City Manager / Mayor / or Agreement executed by Council authorized ��°�`���1/fir Department Head official. 6 City Clerk City Clerk attests signatures, retains original agreement and forwards copies to the 4 contracting department. To be completed by Contracting Department: Project Manager: Richard Landis, DPW Project Name: Accessibilitv Consultation Agendized for City Council Meeting of (if necessary): N/A 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. Client#: I ;ALLYSWAN1 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 5/08/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT I NAME: Dealey, Renton 8r Associates PHONE -3090 465-3090 FAX 510 452-2193 LAIC, No. Exq: I (AIC. No): P. O. Box 12675 I E-MAIL ADDRESS: Oakland, CA 94604-2675 510 465-3090 I INSURER(S) AFFORDING COVERAGE I NAIC # INSURERA: Sentinel Insurance Co. LTD 11000 INSURED INSURER B: Hartford Ins. Co of Midwest 37478 Sally Swanson Architects, Inc. I INSURERC: Hudson Insurance Company 126054 220 Sansome Street, Suite 1100 San Francisco, CA 94104 I INSURER D : I 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 CONTRACTOR 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 TYPE OF INSURANCE ADDL�SUBR POLICY EFF POLICY EXP ' LIMITS LIR.A GENERAL LIABILITY INSR VYVD POLICY 57SBWBHO903MBER 111/15/2014d(11/15/204EACH OCCURRENCE $1,000,000 ...... _. ... -................ ®®gqMMqq��EE77 RENTED X COMMERCIAL GENERAL UABBLITY GENERAL LIAB PREMISES�Ea occurrence) $12000,000 CLAIMS -MADE 4 XI OCCUR EXCLUDES CLAIMS MED EXP (Anyone person) $10,000 ARISING OUT OF PERSONAL BADV INJURY $1,000,000 THE PERFORMANCE GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: OF PROFESSIONAL PRODUCTS - COMP/OP AGG 52,000,000 POLICY X1 JECT g Q y Lac SERVICES. 5 A AUTOMOBILE LIABILITY 57UEGAE7910 D7/01/2014,07/01/2014 COMBINED SINGLE LIMIT 1 000 000 (Ea accident) S : r _ X ANY AUTO BODILY INJURY (Per person) S ALL OWNED SCHEDULED _ AUTOS AUTOS BODILY INJURY (Per accident) S X HIRED AUTOS X NON -OWNED AUTOS _ PROPERTY DAMAGE S (Per accident) S UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS IAB CLAWS -MADE AGGREGATE $ $ .... $ BWORKERS COMPENSATION R 57WEGGD6783 ^c STATU- OTH- 05/08/2015 05/08/2016 X 9iYLIMTS FR AND EMPLOYERS' YIN _ OFFICER/MEMBER EXRTNE D7 ECUTIVE' "' E L EACH ACCIDENT 51,000,000 N / A N..� (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below .., E DISEASE- POLICY LIMIT $1,000,000 C Professional AEE7290001 05/03/2015 05/03/2016 $1,000,000 per claim Liability $3,000,000 annl aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) All Operations of the Named Insured. City of San Rafael, its officers, agents, employees, and volunteers are additional insureds for General Liability per policy form wording. Professional Liability deductible: $15,000/claim. Cancellation provisions are solely as shown below. CERTIFICATE HOLDER CANCELLATION City of San Rafael THE SHOULD XANY OF PIRATIONH DATE ABOVE THEREOF, DESCRIBED NOTICEIES WIBLL CELLED BE CDELIVERED NE Department of Public Works ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 151560 San Rafael, CA 94915-1560 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1331900/M1329008 OTMP1 Insured: Sally Swanson Architects, Inc. Insurer: Sentinel Insurance Co. LTD Policy Number: 57SBWBHO903 Policy Effective Date: 11/15/2014 Additional Insured: City of San Rafael, its officers, agents, employees, and volunteers EXCERPTS FROM: Hartford Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM C. WHO IS AN INSURED 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. f. Any Other Party (1) Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury, "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products- completed operations hazard, but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury, "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: inspection, or engineering E.5. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. E.7.b.(7).(b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. E.8.b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage.