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HomeMy WebLinkAboutCC Resolution 13948 (GIS; Spatial Wave)RESOLUTION NO. 13948 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH SPATIAL WAVE, INC., TO DEVELOP ADDITIONAL MAINTENANCE, REGULATORY AND PERMITTING MODULES FOR THE DEPARTMENT'S GEOGRAPHIC INFORMATION BASED TRACKING SYSTEM, IN AN AMOUNT NOT TO EXCEED $34,300. WHEREAS, the Department of Public Works seeks to implement Phase II of its Spatial Wave GIS -based information management system; and WHEREAS, the Spatial Wave system, once fully implemented, will assist Public Works managers in the prioritization of maintenance tasks, resource deployment and the coordination of divisional activities; and WHEREAS, the Spatial Wave system will greatly enhance the department's response to emergencies such as floods, earthquakes, landslides by deploying personnel as efficiently as possible; and WHEREAS, the system will incorporate pre -approved reports for FEMA and the California Office of Emergency Services, essential for federal and state reimbursement of City expenditures in response to declared emergencies; and WHEREAS, the Spatial Wave program will assist in developing accurate data for tracking work performed by the department in compliance with the National Pollutant Discharge Elimination System; and WHEREAS, the Spatial Wave program will be fully integrated with San Rafael's Geographic Information System (GIS), thereby providing a framework for infrastructure location and status, maintenance history, immediate and future needs, resource deployment, inspections, etc., for almost every aspect of Public Works activity; and WHEREAS, the cost to implement Phase II is $34,300, as shown in "Exhibit A", attached hereto and incorporated herein by reference, and an additional $10,700 for associated equipment; and WHEREAS, all costs will be covered with General Fund savings in the FY 14-15 Public Works operating budget. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The City Manager is authorized to execute, on behalf of the City of San Rafael, a Professional Services Agreement with Spatial Wave, for services described in Exhibit A and in an amount not to exceed $34,300, in a form to be approved by the City Attorney. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 15`h day of June, 2015 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Colin ESTHER C. BEIRNE, City Clerk AGREEMENT FOR PROFESSIONAL SERVICES FOR SPATIAL WAVE TO CREATE A GEOGRAPHIC INFORMATION SYSTEM BASED MOBILE SOLUTION FOR TRACKING A VARIETY OF MAINTENANCE ACTIVITIES, IN AN AMOUNT NOT TO EXCEED $34,300. This Agreement is made and entered into this 157N day of �Lc ewe , 2015, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Spatial Wave, Inc., a corporation authorized to do business in California (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the Department of Public Works seeks expand its existing GIS -based system for electronically tracking and reporting on a wide array of maintenance, permitting and regulatory functions; and WHEREAS, staff has solicited and reviewed a proposal from Spatial Wave, Inc., for that expansion and found that it meets the department's needs; and WHEREAS, the cost of software development and ongoing support and training will be in an amount not to exceed $34,300, all of which will come from one -tune Public Works operational budget savings realized during the current fiscal year. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 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. Ali Diba 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 and incorporated herein. Rev. bate: 1/30/14 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. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR as follows: For the hours of work at the hourly rates, and for the authorized expenses, as specified in Exhibit "A", in a total amount not to exceed $34,300. 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 up to one year. 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 one year. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERS[ 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 tlus 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 teen of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. A conunercial 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 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 uuider 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 volicv laneua2e 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 Larder 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 hannless 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 indernnifrcation 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 perfonnance 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 thud 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 Director of Public Works Project Manager City of San Rafael 1400 Fifth Avenue (P.O. Box 151560) San Rafael, CA 94915-1560 TO CONTRACTOR's Project Director:_ Ali Diba Project Director, Spatial Wave, Inc. 23382 Mill Creek Drive, Suite #100 Laguna Hills, CA 92653 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 terns 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 iuipaid 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 tern, 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 CONTRACTOR By: r „ ` NANCY MACKL14, City Manager Title: kp� °, • ATTEST: ESTI lER C. BEIRNE, City Clerk ael /la5-0y,- APPROVED AS TO FORM: - 71 ROBERT F. EPSTEIN, City Attorney �` "' M EXHIBIT City of San Rafael - Department of Public Works Statement of Work Mobile Application Phase 11 Introduction The purpose of this document is to outline the continued development of a GIS enabled mobile solution for conducting inspections and track activities by the City of San Rafael's Department of Public Works. The City of San Rafael Is Interested in the following core tasks based on continued feedback from staff: 1. Organization of Data and process assistance with editing of data In AutoCAD Map 2. Configuration of MAT (Mapplet Analytic Tileboard) for dynamic viewing of data L3. Creation of New Extension for Facility Maintenance ,/4. Startup of Traffic Lights Extension Emergency Response (e.g., Accidents, Spills, Marin County Stormwater Pollution Prevention Program - MCSTOPPP, Land Slides, Flooding) ✓E? Support new permits Implement Electronic Signatures for Permittee and Approver 8 Button feature that creates a zip file containing Permit+ Conditions + Plans Ability to copy permit data from an old permit 10. Keep track of contractors and their licenses This proposal includes implementation of the above tasks This document contains a statement of work for implementation and delivery of the solutions described above in two part. Part 1 will be for the maps, streets, parks, and facility group. Part 2 will be for the permitting group. PART.I Task 1—Data Organization and editing The purpose of this task is to build a schematic for optimal data organization and develop.a process for data editing and maintenance. This task will involve the following core efforts: 1. Editing Data in SQL Server using AutoCAD MapGIS Data Availability. o This step is to assist Zak in editing the data in SQL Server using AutoCAD Map. 2. Creation of the SQL triggers that maintain unique data o This step involves creation of SQL triggers to assign unique IDs to the data as it is being created. 3. Setup of the SQL Server based MXD o This step involves creation of an MXD which references the data items that are tracked and stored in SQL Server Spatial. 4. Creation of a tool to update Parcel data when new parcel data is obtained from the County o Parcel data is obtained from the County. This data is updated frequently. We need to create a tool so that the work that is tied to the parcel data remains connected as new parcels are updated. Public Works Responsibility. Schedule meeting, provide access to applicable staff, and provide access to server environment Task 2 — Dcploy Mapplet Annlytic Tileboard The purpose of this task is to setup, implement and deploy Mapplet Analytic Tileboard (MAT). This task will involve configuration of the MAT product which will include a deployment of different kinds of tiles rt �� Spatial Wave . A including: Static, Rotating, Hyperlink, Graphs and Map tiles. Spatial Wave is allocating 6 hours of discovery and 30 hours of configuration and deployment to execute this task. MAT maintenance and support is handled on a time and materials basis. Public Works Responsibility. Provide input on data extraction content and style. Task 3 — Facility Maintenance Extension and portal The purpose of this task is to deploy a Field Mapplet extension and web portal that will be used by facility maintenance teams to execute maintenance and repair of city owned facilities and respond to requests from all city departments. This is a new extension that includes an interface for creating a ticket for facilities. It will use the City owned facilities as a look up to create a work order. A work request web form will be created to be used internally. In addition Spatial Wave will allocate 10 hours to generate a report for the new extension along with 6 hours of remote training. Public Works Responsibility. Provide access to applicable staff. Task 4 — Traffic and Street Lights Field Mapplet Extension The purpose of this task is to deploy the Field Mapplet Traffic and Street Lights extension. This task will involve startup, training, and report generation for this workflow. Spatial Wave will allocate 6 hours for report generation and 2 hours for remote training. Public Works Responsibility. Provide access to applicable staff. Task 5 — Additional Report Services for MCSTOPPP The purpose of this task is to allocate additional time on refinement of MCSTOPPP reporting. Further development of reporting is based on content obtained from Field Mapplet. Spatial Wave will allocate 18 hours to this task. Public Works Responsibility. Provide input on what is wanted in the reporting. PART II Taslc 1— Support neiv Permits The purpose of this task is to support 4 new permits which will include the encroachment permit. Public Works Responsibility: Provide access to applicable staff, and provide access to server environment Taslc 2 — Lnplcment Electronic Signatures for Pernnittee and Approver The purpose of this task is to implement a process of electronic signature at the public works counter for the permittee and approver of the permits being used in the Spatial Wave solution. This is to avoid creating permit hardcopy files and make the process electronic. Public Works Responsibility. Provide access to applicable staff, and provide access to server environment Spatial wave P? Task 3 — Button feature that creates a zip file containing Permit + Conditions + Plans The purpose of this task is to implement a button that would be used to prepare the content of the permit to be given to the permittee when they submit their permit. Public Works Responsibility. Provide access to applicable staff, and provide access to server environment Tasl.4 --Ability to copy permit data from an old permit The purpose of this task is to add functionality to create a new permit by copying information from an old permit, Public Works Responsibility. Provide access to applicable staff, and provide access to server environment Task 5 —Keep trach. of contractors and their licenses The purpose of this task is to create a contractor and license lookup table which can be populated. The items should include everything that is in the permit application Including expiration date. This table should be editable. It should be looked up when entering the contractor's information. It should be used to verify the validity of the contractor's license. Project Cost Spatial Wave will perform -this project on a time and materials basis. Spatial Wave's rates are shown -in the following table: Labor Rate ODC Classification ($!hr) ($) Project Manager I $160 IProfessional Engineer/Trainer $120 Implementation Specialist 1 $100 �, ' Spatial Wave Estimated costs in dollar amount of each step are included in the following table: 1161 Task 1— Data Organization and editing 22 $3,080 Task 2'— Deploy Mapplet Analytic Tileboard 36 $3,960 Task 3 — Facility Maintenance Extension and Portal 35 $5,020 Task 4 —Traffic and Street Lights Field Mapplet Extension 17 $1,780 Task 5 —Additional Report Services for MCSTOPPP 18 $2,600 Task 1—Support new Permits 36 $5,200 Task 2 — Implement Electronic Signatures for Permittee and Approver 42 $5,960 Task 3 — Button feature that creates a zip file containing Permit + Conditions + Plans 26 $3,720 Task 4—Ability to copy permit data from an old permit 4 $560 Task 5 — Keep track of contractors and their licenses 17 $2,420 ry���n; 9�n1 �I r�' Project Duration The duration of this project is estimated to be 8 weeks. Authorization to Proceed City of San Rafael — Department of Public Works Representative Name Date 4 CJI. City of San Rafael - Department of Pu c Works Statement of Work ...... Mobile Application Phase II ....... .. Introduction The purpose of this document is to outline the continued development of a GIS enabled mobile solution for conducting inspections and track activities by the City of San Rafael's Department of Public Works. The City of San Rafael is interested in the following core tasks based on continued feedback from staff: 1. Organization of Data and process assistance with editing of data in AutoCAD Map 2. Configuration of MAT (Mapplet Analytic Tileboard) for dynamic viewing of data A. Creation of New Extension for Facility Maintenance ,/4. Startup of Traffic Lights Extension �8 Emergency Response (e.g., Accidents, Spills, Marin County Stormwater Pollution Prevention Program - MCSTOPPP, Land Slides, Flooding) �. Support new permits Implement Electronic Signatures for Permittee and Approver 8 Button feature that creates a zip file containing Permit + Conditions + Plans Ability to copy permit data from an old permit 10. Keep track of contractors and their licenses This proposal includes implementation of the above tasks This document contains a statement of work for implementation and delivery of the solutions described above in two part. Part 1 will be for the maps, streets, parks, and facility group. Part 2 will be for the permitting group. PART I Task 1— Data Organization and editing The purpose of this task is to build a schematic for optimal data organization and develop a process for data editing and maintenance. This task will involve the following core efforts: 1. Editing Data in SQL Server using AutoCAD MapGIS Data Availability. o This step is to assist Zak in editing the data in SQL Server using AutoCAD Map. 2. Creation of the SQL triggers that maintain unique data o This step involves creation of SQL triggers to assign unique IDs to the data as it is being created. 3. Setup of the SQL Server based MXD o This step involves creation of an MXD which references the data items that are tracked and stored in SQL Server Spatial. 4. Creation of a tool to update Parcel data when new parcel data is obtained from the County o Parcel data is obtained from the County. This data is updated frequently. We need to create a tool so that the work that is tied to the parcel data remains connected as new parcels are updated. Public Works Responsibility: Schedule meeting, provide access to applicable staff, and provide access to server environment Task 2 — Deploy Mapplet Analytic Tileboard The purpose of this task is to setup, implement and deploy Mapplet Analytic Tileboard (MAT). This task will involve configuration of the MAT product which will include a deployment of different kinds of tiles spatial Wave including: Static, Rotating, Hyperlink, Graphs and Map tiles. Spatial Wave is allocating 6 hours of discovery and 30 hours of configuration and deployment to execute this task. MAT maintenance and support is handled on a time and materials basis. Public Works Responsibility: Provide input on data extraction content and style. Task 3 — Facility Maintenance Extension and portal The purpose of this task is to deploy a Field Mapplet extension and web portal that will be used by facility maintenance teams to execute maintenance and repair of city owned facilities and respond to requests from all city departments. This is a new extension that includes an interface for creating a ticket for facilities. It will use the City owned facilities as a look up to create a work order. A work request web form will be created to be used internally. In addition Spatial Wave will allocate 10 hours to generate a report for the new extension along with 6 hours of remote training. Public Works Responsibility: Provide access to applicable staff. Task 4 — Traffic and Street Lights Field Mapplet Extension The purpose of this task is to deploy the Field Mapplet Traffic and Street Lights extension. This task will involve startup, training, and report generation for this workflow. Spatial Wave will allocate 6 hours for report generation and 2 hours for remote training. Public Works Responsibility: Provide access to applicable staff. Task 5 — Additional Report Services for MCSTOPPP The purpose of this task is to allocate additional time on refinement of MCSTOPPP reporting. Further development of reporting is based on content obtained from Field Mapplet. Spatial Wave will allocate 18 hours to this task. Public Works Responsibility: Provide input on what is wanted in the reporting. PART II Task 1— Support new Permits The purpose of this task is to support 4 new permits which will include the encroachment permit. Public Works Responsibility: Provide access to applicable staff, and provide access to server environment Task 2 — Implement Electronic Signatures for Permittee and Approver The purpose of this task is to implement a process of electronic signature at the public works counter for the permittee and approver of the permits being used in the Spatial Wave solution. This is to avoid creating permit hardcopy files and make the process electronic. Public Works Responsibility: Provide access to applicable staff, and provide access to server environment Spatial Wave Task 3 — Button feature that creates a zip file containing Permit + Conditions + Plans The purpose of this task is to implement a button that would be used to prepare the content of the permit to be given to the permittee when they submit their permit. Public Works Responsibility: Provide access to applicable staff, and provide access to server environment Task 4 — Ability to copy permit data from an old permit The purpose of this task is to add functionality to create a new permit by copying information from an old permit. Public Works Responsibility: Provide access to applicable staff, and provide access to server environment Task 5 — Keep track of contractors and their licenses The purpose of this task is to create a contractor and license lookup table which can be populated. The items should include everything that is in the permit application including expiration date. This table should be editable. It should be looked up when entering the contractor's information. It should be used to verify the validity of the contractor's license. Project Cost Spatial Wave will perform this project on a time and materials basis. Spatial Wave's rates are shown in the following table: Labor Rate ODC Classification Project Manager $160 Professional Engineer/Trainer $120 Implementation Specialist $100 - Spatial Wave Estimated costs in dollar amount of each step are included in the following table: Task 1— Data Organization and editing 22 $3,080 ........... Task 2 — Deploy Mapplet Analytic Tileboard 36 $3,960 Task 3 — Facility Maintenance Extension and Portal 35 $5,020 Task 4 —Traffic and Street Lights Field Ma g pplet Extension 17 $1,780 — .... _ ........... ...... ...... _— Task 5 — Additional Report Services for MCSTOPPP 18 $2,600 Task 1—Support new Permits 36 $5,200 Task 2 — Implement Electronic Signatures for Permittee and Approver 42 $5,960 . .............................................................................. Task 3 — Button feature that creates a zip file containing Permit + Conditions + Plans 26 $3,720 Task 4 — Ability to co permit data from .. .......... ... copy p man old permit 4 $560 Task 5 — Keep track of contractors and their licenses 17 $2,420 Project Duration The duration of this project is estimated to be 8 weeks. Authorization to Proceed City of San Rafael — Department of Public Works Representative Name Date WN Spatial Wave M A`oR" CERTIFICATE OF LIABILITY INSURANCE I ��io�zol5 ) 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). CONTPRODUCER I NAME: Lisa Wong Leavitt Southern California Insurance Services PACFAX N FYn. (714)569-2700 1(AIC .No): (714)569-3099 #OF13098 ADDRESS: lisa-wong@leavitt. corn 1820 E. First Street, Ste 500 I INSURER(S) AFFORDING COVERAGE NAIC # Santa Ana CA 92705 INSURERA:Ohio Security Insurance Co 024082 INSURED INSURERB:Preferred Employers Ins Cc 10900 Spatial Wave, Inc. INSURERC:Philadelphia Indemnity Ins.co. 18058 23461 S Pointe Dr ( INSURER D: Suite 300 INSURER E: Laguna Hills CA 92653 jIj INSURER F: 1 COVERAGES CERTIFICATE NUMBER:2014 GL-Auto-WC-E&O REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER LTR INSR WVD POLICY NUMBER POLICY EFF POLICY EXP /Y (MM/DD/YYYY) (MM/DDYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY I DAMAGE TO RENTED 100 000 PREMISES (Ea occurrence) $ , A CLAIMS -MADE Fx-] OCCUR BKS1556203462 12/31/2014 12/31/20151 MED EXP (Anyone person) S 10,000 _ 1 PERSONAL & ADV INJURY S 1,000,000 1 GENERAL AGGREGATE S 2,000,000 _ GEN'L AGGREGATE LIMIT APPLIES PER, 1 PRODUCTS - COMP/OP AGG S 2,000,000 1 POLICY PF. LOC S AUTOMOBILE LIABILITY _ 1 COMBINED SINGLE LIMIT (Ea accident) S ANY AUTO 1 BODILY INJURY (Per person) S _ A ALL OWNED SCHEDULED BMI556293462 12/31/201412/31/20151 BODILY INJURY (Per accident) S _ AUTOS XNON-OWNED _ HIRED AUTOS X AUTOS AUTOS PROPERTY DAMAGE S 1 (Per accident) I $ UMBRELLA LIABOCCUR 1 EACH OCCURRENCE S EXCESS LIAR HCLAIMS-MADE 1 AGGREGATE S DED 1 1 RETENTIONS 1 $ $ WORKERS COMPENSATION TAUS 1 1 E 1 X AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE YIN TWC ORY 1 11000,000 NIA E L. EACH ACCIDENT S OFFICERIMEMBEREXCLUDED7 (Mandatory In NH) AM1360267 12/31/2014 12/31/20151 E.L. DISEASE - EA EMPLOYEE S 11000,000 If yes, describe under DESCRIPTION OF OPERATIONS below 1 E.L. DISEASE - POLICY LIMIT S 11000,000 C Professional Liability PHSD997109 12/31/2014 12/31/20151 Each Occurrence $1,000,000 Aggregate $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) RE: Professional Services Agreement. The City, its officers, agents, employees, and volunteers are additional insureds as respects general liability per CG8810 0413, includes primary/non-contributory wording. Supersedes certificate issued 12/17/14. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of San Rafael ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Public Works Director 1400 Fifth Ave AUTHORIZED REPRESENTATIVE PO Box 151560 San Rafael, CA 94915-1560 Gary Wells/JURAT�- ACORD 25 (2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. INSn7.5r)ninnsin1 Thn arn"n nomas nnrl Innn orn rnnict—A m—Lea of Arnon COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY -ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/ MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II - Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior 'occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior 'occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an 'occurrence", offense, claim or "suit' by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. is replaced by the following: 3. 'Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 Eric Davis From: Eric Davis Sent: Tuesday, July 14, 2015 9:07 AM To: Richard Landis Cc: Lisa Goldfien; Laraine Gittens Subject: Spatial Wave, Inc.; PSA and Insurance Richard I am signing the Checklist and the two copies of the PSA and moving it along to Esther for her to attest and obtain Nancy Mackle's signature and date on the PSA. However, I recommend that you obtain the following before sending out the PSA to the contractor: Obtain an amended Certificate of Liability Insurance that shows the minimum required $1 million coverage limit on the Auto policy, per Paragraph 10(A)(3). The coverage limits section is blank on the Certificate. Obtain Endorsements of the CGL, Auto, and Workers comp policies to give the City 10 days notice of cancellation of those policies, per Paragraph 10(6)(4); or at least obtain an amended Certificate that says in the Description of Services section that 10 days notice of cancellation of the policies will be given to the City. Obtain the Declaration page and List of Endorsements to the Commercial General Liability Policy, per Paragraph 10(D). I will be happy to review these documents when you receive them. Thanks Eric &Z U. TaJ,ia Deputy City Attorney II City of San Rafael P.O. Box 151560 San Rafael, CA 94915-1560 415-485-3080 (office) 415-485-3109 (fax) crit. ovi:s(Et), ;i.tvofaaji.ro.f,iel.para