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PW On-Call Archaeological Monitoring ServicesAGREEMENT FOR PROFESSIONAL SERVICES WITH ARCHAEOLOGICAL/HISTORICAL CONSULTANTS FOR ON-CALL ARCHAEOLOGICAL MONITORING SERVICES This Agreement is made and entered into this 'T iu day of ©G roBC Q , 2015, by and between the City of San Rafael (hereinafter "CITY"), and Archaeological/Historical Consultants, a partnership (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the CITY has determined that certain specialized professional services are required for monitoring excavation within environmentally sensitive areas for archaeological and/or cultural resources for various projects; and WHEREAS, the CONTRACTOR has offered to render such specialized professional services in connection with these projects. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY'S Project Manager. The 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. Suzanne Baker 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 agrees to perform the services outlined in the proposal from CONTRACTOR dated August 21, 2015 marked Exhibit "A" attached hereto, and incorporated herein by this reference. 3. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4, and perform the duties, if any, as described in Exhibit "A" attached hereto and incorporated herein. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR on a time and materials basis for services rendered in accordance with the rates shown on the current fee schedule as described in Exhibit "A". The total payment made under this Agreement shall not exceed $20,000 except by written amendment of this agreement by the Rev. Date: 1/'30114 parties. 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 be for one year from the date of execution. 1 : ulh : 67H A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (3 0) days after termination. 7. 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 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 Rev. date: 110/14 policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of two million dollars ($2,000,000) per occurrence/four million dollars ($4,000,000) aggregate, to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. Where CONTRACTOR is a professional not required to have a professional license, CITY reserves the right to require CONTRACTOR to provide professional liability insurance pursuant to this section. 4. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. CONTRACTOR'S worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONTRACTOR in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 2. The additional insured coverage under CONTRACTOR'S insurance policies shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CONTRACTOR'S policies shall be at least as broad as ISO form CG20 0104 13. 3. Except for professional liability insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 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 Rev. date: 1/3014 3 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 parry. 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 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 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 Rev. date: 1/3014 4 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: TO CONTRACTOR's Project Director: Rev. date: 1130/14 5 Kevin McGowan, Acting Public Works Director City of San Rafael 111 Morphew Street P.O. Box 151560 San Rafael, CA 94915-1560 Suzanne Baker, Partner Archaeological/Historical Consultants 609 Aileen Street Oakland, CA 94609 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 / OT] fFR 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 Rev. date: VM14 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 JIM CH TZ, City ger ATTEST: ez- • 4R, _ ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: ,. Lap. ... ......._ .o`ROBERT F. EPSTEIN, Ci' AttornivgrF Rev. date: 1'30114 7 CONTRACTOR B.......�_. f r.,. Name: SLI[Inne Baker Title: Partner LU' Proposal for Archaeological Monitoring San Rafael Regional Transportation System Enhancements San Rafael, Marin County 04 -MRN -CML 5043(036) Submitted to: Hunter Young, Assistant Civil Engineer Department of Public Works City of San Rafael August 21, 2015 609 Aileen Street Oakland, CA 94609 (k510) 654 8635 info@ahc-heritage.com ARCHAEOLOGICALMISTORICAL CONSULTANTS www.ahc-heritage.com 3 INTRODUCTION The San Rafael Regional Transportation System Enhancements (RTSE) Project (04 -MRN CML 5043[036]; `the Project') will upgrade: (1) the traffic signal system to synchronize signals in the downtown area, which includes accommodations for rail pre-emption in anticipation of the SMART rail system beginning service in 2016; and (2) sidewalks, curbs, and drainage areas in order to be compliant with the Americans with Disabilities Act (ADA) and provide continuous pedestrian access within the downtown area. Work will include the installation of new sidewalks, curb ramps, traffic signal and electrical cabinets and their foundations, traffic signal poles, underground fiber optic conduit, and drainage modifications in the area bounded by Lincoln Avenue, Mission Avenue, Irwin Street, and Second Street in San Rafael, Marin County. The total project area is approximately 4 acres. Project components will be located in the public rights-of-way belonging to the City of San Rafael and State of California. Additional project components may be located on rights-of-way belonging to Sonoma -Marin Area Rail Transit (SMART). Because the Project's Area of Potential Effect (APE) includes portions of prehistoric archaeological sites CA -MRN -84, CA -MRN -85, and CA -MRN -711/H, an Environmentally Sensitive Areas Action Plan (ESA -AP) was prepared to support a finding of No Adverse Effect in accordance with the Caltrans Section 106 Programmatic Agreement Stipulations VIII.C.4 and X.B.2. This scope of work includes three activities outlined in the ESA -AP, including: • preparation of a construction alert sheet for project staff • a pre -construction meeting to inform project staff of the stipulations of this action plan • construction monitoring by a qualified archaeologist and Native American monitor. 609 Aileen Street Oakland, CA 94609 31 ' (510) 654-8635 info@ahc-heritage.com ARCHAEOLOGICALMISTORICAL CONSULTANTS www.ahc-heritage.com SCOPE OF WORK Construction Alert Sheet A construction alert sheet visually indicating the ESAs and describing the cultural materials likely to be present within the areas of CA -MRN -84, CA -MRN -85, and CA -MRN -71 1/H will be prepared and circulated to all staff on the construction phase of the project. Pre -Construction Meeting Prior to commencement of construction activities, construction staff will meet with an archaeologist meeting the Secretary of the Interior's standards for Prehistoric Archaeology, a Native American monitor, and a City of San Rafael Project Engineer to explain the location of the ESAs and the restrictions on work within the ESAs. Monitoring Archaeological monitoring will take place within the ESAs for the Project. These include the Areas of Direct Impact of the project within the areas of prehistoric archaeological sites CA -MRN -84, CA -MRN - 85 and CA -MRN -711/H, that is a 6' wide area running along the north side of Third Street between Highway 101 and Irwin Street and along the north side of Fifth Avenue between Highway 101 and Irwin Street. The ESAs also include adjoining roadway, sidewalks, and parking areas located within the areas of the above-named sites. The monitor will, at minimum, have an BA or MA in archaeology, at least three years of field experience in California archaeology, and will meet the Secretary of the Interior's Standards for prehistoric archaeology. In the event that any prehistoric and/or historic deposits are encountered during monitoring, it will be the responsibility of the archaeological monitor to stop work within 50 feet of the discovery until the resource can be evaluated according to the measures outlined in the discovery plan. In the event that human remains are found, the archaeologist will contact the County Coroner and, if determined to be Native American, the California Native American Heritage Commission (NAHC) will be notified to identify the Most Likely Descendent (MLD), in accordance with state and federal law. The MLD will advise the City of San Rafael in the preferred manner of exhumation, exposure, removal, and reburial of all human remains and associated grave goods. Disposition of the remains will be coordinated between the City of San Rafael, MLD, NAHC, and A/HC. Monitoring Report After conclusion of construction, a monitoring report will be prepared for submission to the City of San Rafael and Caltrans. The monitoring report will discuss monitoring methodology, construction techniques, and any cultural materials found. Daily monitoring logs will be reproduced as an appendix to the report. 609 Aileen Street Oakland, CA 94609 ' (510) 654-8635 info@ahc heritage.com ARCHAEOLOGICAL/ HISTORICAL CONSULTANTS www.ahc-heritage.com PERSONNEL Ms. Suzanne Baker (M.A., Anthropology/Archaeology, M.Sc., Rock Art Studies) will serve as Principal Investigator for this project. She is a Partner in and Principal Archaeologist for Archaeological/Historical Consultants and has over 38 years of experience in California archaeology and cultural resources management. Dr. Daniel Shoup (Ph.D., Classical Archaeology, M.A., Urban Planning) is Associate Principal with A/HC and has over 10 years of experience in archaeology and history. He will participate in the pre -construction meeting and coordinate preparation of the monitoring report. *Labor and costs are charged on a time and materials basis. 5 609 Aileen Street Oakland, CA 94609 (510) 654-8635 lI info@ahc-heritage.com ARCHAEOLOGICAL/ HISTORICAL CONSULTANTS www.ahc-heritage.com ESTIMATED BUDGET The following budget includes estimated costs for the three tasks noted above. It assumes one working week of monitoring (an eight-hour work day plus one hour travel time), plus mileage. Any additional monitoring time will be charged at $72 per hour plus 50/miles per day, or mileage. If hand excavation is required due to the discovery of archaeological deposits, including Native American burials, either in the evaluation or mitigation phases, an addendum budget will be submitted at the appropriate times. Labor Task Staff Rate Hours Total Pre-Construction Meeting Prep. Associate Principal $100.00 2.00 $200.00 Pre-Construction Meeting Associate Principal $100.00 4.00 $400.00 Archaeological Monitoring Report Archaeologist $72.00 45.00 $3,240.00 Archaeological Monitoring Report Associate Principal $100.00 8.00 $800.00 Administration Principal $124.00 2.00 $248.00 SUBTOTAL $4,888.00 Direct Costs Quantity Price Mileage 300.00 $0.575 $172.50 Printing/copies 200.00 $0.10 $20.00 SUBTOTAL $192.50 TOTAL $5,080.50 Monitoring Rates (Daily) Task Staff Price Quantity Total Archaeological Monitor (hours) Archaeologist $72.00 9.00 $648.00 Mileage $0.575 50.00 $28.75 DAILY RATE $676.75 *Labor and costs are charged on a time and materials basis. 5 CERTHOLDER COPY NB P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 10-05-2015 CITY OF SAN RAFAEL NB PUBLIC WORKS DEPARTMENT 111 MORPHEW ST SAN RAFAEL CA 94901-5508 GROUP: POLICY NUMBER: 1007089-2015 CERTIFICATE ID- 61 CERTIFICATE EXPIRES: 04-04-2016 04-04-2015/04-04-2016 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE # 57 DATED 09-17-2015 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy I sted herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2015-09-17 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF SAN RAFAEL ENDORSEMENT #1700 - SUZANNE BAKER - EXCLUDED. ENDORSEMENT #1700 - LAURENCE SHOUP - EXCLUDED. ENDORSEMENT #2055 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 04-04-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2015-10-06 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF SAN RAFAEL EMPLOYER BAKER, SUZANNE (PARTNER) AND SHOUP, LAURENCE H. (PARTNER) DBA: ARCHAEOLOGICAL/HISTORICAL CONSULTANTS 609 AILEEN ST OAKLAND CA 94609 [JMO,CNI (REV.7-2014) PRINTED : 10-06-2015 POLICYHOLDER COPY NB P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 10-06-2015 CITY OF SAN RAFAEL NB PUBLIC WORKS DEPARTMENT 111 MORPHEW ST SAN RAFAEL CA 94901-5508 GROUP: POLICY NUMBER: 1007089-2015 CERTIFICATE ID: 61 CERTIFICATE EXPIRES: 04-04-2016 04-04-2015/04-04-2016 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE 11 57 DATED 09-17-2015 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT 80015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2015-09-17 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF SAN RAFAEL ENDORSEMENT 81700 - SUZANNE BAKER - EXCLUDED. ENDORSEMENT 81700 - LAURENCE SHOUP - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 04-04-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT 112570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2015-10-06 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF SAN RAFAEL EMPLOYER BAKER, SUZANNE (PARTNER) AND SHOUP, LAURENCE H. (PARTNER) DBA: ARCHAEOLOGICAL/HISTORICAL CONSULTANTS 609 AILEEN ST OAKLAND CA 94609 [JMO,CNj (REv.7-2®14) PRINTED : 10-06-2015 Client#: 2520 ARCHAHIST ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 912312015 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 510 465-3090 FAX talc, No, Ext): I (A/c, No): 510 452-2193 P. O. Box 12675 I EMAIL Oakland, CA 94604-2675 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # 510 465-3090 Sentinel Insurance Co LTD 11000 Ci of San Rafael Public Works SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Dept. ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Hunter Young 111 MorpheW St. AUTHORIZED REPRESENTATIVE San Rafael, CA 94901 9^41091— @ 1988-2010 ^41091'' ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1468934/Ml359507 JCY INSURER A: INSURED INSURER B: United States Liability Ins Gro 25895 Archaeological/Historical Consultants I Larry Shoup and Suzanne Baker INSURER C I 609 Aileen Street INSURER D: I INSURER E: Oakland, CA 94609-1609 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 ADDL SUBR LTR TYPE OF INSURANCE INSR D POLICY NUMBER POLICY EFF POLICY EXP (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A GENERAL LIABILITY X 57SBADL3371 04/03/2015 04/031201 EACH OCCURRENCE $2,000®000 X COMMERCIAL GENERAL LIABILITY I PREMISES (Ea occurrence) $1®000®000 CLAIMS MADE X I OCCUR , MED EXP (Any one person) $10,000 PERSONAL 8 ADV INJURY $2,000,000 GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG $4,000,000 POLICY ] PRO- LOC $ JECT A AUTOMOBILE LIABILITY 57SBADL3371 _ 04/0312015 04103/201 COMBINED SINGLE LIMIT (Ea accident} $ 2,000,000 ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ _ AUTOS X HIRED AUTOS X AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAR HDED OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS -MADE AGGREGATE $ I I RETENTION $ $ WORKERS COMPENSATION WC STLATU- I 1OTH- ER AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE I E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N I A (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ B Professional SP1559549 05/08/2015 05/08/2016 $500,000 Each Claim Liability $500,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Evidence of Insurance The City of San Rafael is named as an Additional Insured per the attached policy forms. Cancellation: 30 Day/10 Day for Non -Payment of Premium General Liability policy excludes claims arising out of the performance of professional services. -------------------------- -- ------------------------------------- CERTIFICATE HOLDER - ------- CANCELLATION Ci of San Rafael Public Works SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Dept. ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Hunter Young 111 MorpheW St. AUTHORIZED REPRESENTATIVE San Rafael, CA 94901 9^41091— @ 1988-2010 ^41091'' ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1468934/Ml359507 JCY Insured: Archaeological/Historical Consultants Insurer: Sentinel Insurance Co. LTD Policy Number: 57SBADL3371 Policy Effective Date: 04/03/2015 Additional Insured: 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. EXCERPT FROM Hartford Form SS 04 38 06 01 HIRED AUTO AND NON -OWNED AUTO B. With respect to the operation of a "non -owned auto", WHO IS AN INSURED is replaced by the following: The following are "insureds": d. Anyone liable for the conduct of an "insured", but only to the extent of that liability. CERTHOLDER COPY NB P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 09-17-2015 CITY OF SAN RAFAEL NB PUBLIC WORKS DEPARTMENT 111 MORPHEW ST SAN RAFAEL CA 94901-5508 GROUP: POLICY NUMBER: 1007089-2015 CERTIFICATE ID: 57 CERTIFICATE EXPIRES: 04-04-2016 04-04-2015/04-04-2016 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2015-09-17 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF SAN RAFAEL ENDORSEMENT #1700 - SUZANNE BAKER - EXCLUDED. ENDORSEMENT #1700 - LAURENCE SHOUP - EXCLUDED. ENDORSEMENT #2055 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 04-04-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER BAKER, SUZANNE (PARTNER) AND SHOUP, LAURENCE H. (PARTNER) DBA: ARCHAEOLOGICAL/HISTORICAL CONSULTANTS 609 AILEEN ST OAKLAND CA 94609 [JRM,CNI (REV.7-2014) PRINTED : 09-17-2015 POLICYHOLDER COPY NB P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 09-17-2015 CITY OF SAN RAFAEL NB PUBLIC WORKS DEPARTMENT 111 MORPHEW ST SAN RAFAEL CA 94901-5508 GROUP: POLICY NUMBER: 1007089-2015 CERTIFICATE ID: 57 CERTIFICATE EXPIRES: 04-04-2016 04-04-2015/04-04-2016 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condituon of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2015-09-17 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF SAN RAFAEL ENDORSEMENT #1700 - SUZANNE BAKER - EXCLUDED. ENDORSEMENT #1700 - LAURENCE SHOUP - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 04-04-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER BAKER, SUZANNE (PARTNER) AND SHOUP, LAURENCE H. (PARTNER) DBA: ARCHAEOLOGICAL/HISTORICAL CONSULTANTS 609 AILEEN ST OAKLAND CA 94609 [JRM,CNj (REV.7-2014) PRINTED : 09-17-2015 PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Department 1 City Attorney 2 Contracting Department 3 Contracting Department 4 City Attorney 5 City Manager / Mayor / or Department Head 6 City Clerk Description Completion Date Review, revise, and comment on draft agreement. Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). Review and approve form of agreement; bonds, and insurance certif a endorsements Agreement executed by Council a thorize official. City Clerk attests signatures, retains original agreement and forwards copies to the h Al. r contracting department. 1,0 15 To be completed by Contracting Department: Project Manager: Hunter Young Project Name: Agendized for City Council Meeting of (if necessary): Archaeological/Ilistorical Consultants. Larry Shout) and Suzanne Banker If you have questions on this process, please contact the City Attorney's Office at 485-3080. cumative basis. q if contract is over 20,000 on a ,A�� ul Council approval is required Q�