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HomeMy WebLinkAboutCC Resolution 12459 (Fourth St. West Rehab)RESOLUTION NO. 12459 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING A PROPOSAL FROM GHIRARDELLI & ASSOCIATES, INC. FOR PROJECT ADMINISTRATION AND INSPECTION SERVICES ON FOURTH STREET / WEST END VILLAGE PROJECT — RE -BID, PROJECT NO. 11056, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT IN THE AMOUNT OF $271,285. WHEREAS, the City requires professional inspection for the Fourth Street / West End Village construction project; and WHEREAS, the City undertook a search process to identify the best qualified consultant for the inspection of the project; and WHEREAS, the Construction Management firm of Ghirardelli & Associates, Inc. was selected as the best qualified for inspection services; and WHEREAS, Ghirardelli & Associates, Inc. has submitted a Proposal to provide such services in the amount of $235,900; and WHEREAS, staff has reviewed the proposal from Ghirardelli & Associates and found it to be within industry standards and acceptable. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael that the Ghirardelli & Associates, Inc. proposal is accepted in an amount not to exceed $271,285 ($235,900 plus 15% contingency); and BE IT FURTHER RESOLVED, that the Council does hereby authorize the Mayor to execute the Agreement for Professional Services in a form approved by the City Attorney's office. RESOLVED FURTHER that the Director of Public Works of the City of San Rafael is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. (,)_ Le � � 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 Council of said City held on the 7`h day of April, 2008, by the following vote, to wit: AYES: COUNCIL MEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ESTHER C. BEIRNE, City Clerk File No. 16.01.229 AGREEMENT FOR PROFESSIONAL SERVICES WITH GHIRARDELLI & ASSOCIATES, INC. FOR FOURTH STREET / WEST END VILLAGE PROJECT This Agreement is made and entered into this 8th day of April, 2008, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and GHIRARDELLI & ASSOCIATES, INC. (hereinafter "CONSULTANT). RECITALS WHEREAS, the CITY has determined that project administration and inspection services are required to design and prepare plans and specifications for the Fourth Street / West End Village Project, Project No. 11056 (hereinafter "PROJECT"); and WHEREAS, the CONSULTANT has offered to render certain specialized professional services in connection with this Project. NOW, THEREFORE, the parties hereby agree as follows: 1. DEFINITIONS. 2. PROJECT COORDINATION A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The City Engineer 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. CONSULTANT. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Mr. Jaemin Park is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the CONSULTANT shall notify the CITY within ten (10) business days of the substitution. 3. DUTIES OF CONSULTANT CONSULTANT shall perform the duties and/or provide services as follows; the CONSULTANT agrees to provide professional services for construction management and project administration as outline in the proposal from CONSULTANT dated February 29, 2008, marked Exhibit "A," attached hereto, and incorporated herein by this reference. The CONSULTANT agrees to be available and perform the work specified in this agreement in the time frame as specified and as shown in Exhibit "B," cost proposal. 4. DUTIES OF THE CITY CITY shall perform the duties as described in Exhibit "A" attached hereto and incorporated herein. 5. COMPENSATION For the full performance of the services described herein by CONSULTANT, CITY shall pay CONSULTANT on a time and materials basis for services rendered in accordance with the rates shown on the current fee schedule as described in Exhibit "B" attached and incorporated herein. The total payment made for any individual work task will not exceed the amounts shown on the Proposal Budget, set out in Exhibit "B". Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONSULTANT. is complete. 6. TERM OF AGREEMENT The term of this Agreement shall be from the date of execution until the Project 7. 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 ten (10) 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 notice, to the reasonable satisfaction of the party giving such notice, within thirty (30) days of the receipt of said notice. 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 CONSULTANT and any and all of CONSULTANT'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. Agreement o 2 E. The CITY shall pay CONSULTANT the amount due for services rendered and expensed incurred through he date of termination. 8. OWNERSHIP OF DOCUMENTS The written documents and materials prepared by the CONSULTANT 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. Any use of document by the City for projects outside the scope of this agreement shall be at the City's own risk 9. INSPECTION AND AUDIT Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONSULTANT in connection with its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY or its agent in any such audit or inspection. 10. 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. 11. INSURANCE A. During the term of this Agreement, CONSULTANT, shall maintain, at no expense to CITY, the following insurance policies: 1. A comprehensive general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence 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 ($1,000,000) dollars per occurrence; 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million ($1,000,000) dollars to cover any claims arising out of the CONSULTANT's performance of services under this Agreement. B. The insurance coverage required of the CONSULTANT by Section 11. A., shall also meet the following requirements: Agreement e 3 I . The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution; 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractural liability and personal injury; 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, and employees as additionally named insureds under the policies; 4. CONSULTANT shall provide to PROJECT MANAGER, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents and employees, as additional insureds under the policies; 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice (except 10 days for non-payment of premium)to City's Project Manager 6. 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 three years; 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement; 8. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. C. If it employs any person, CONSULTANT 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 CONSULTANT and CITY against all liability for injuries to CONSULTANT's officers and employees. D. Any deductibles or self-insured retentions in CONSULTANT's insurance policies must be declared to and approved by the PROJECT MANAGER and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 12. INDEMNIFICATION CONSULTANT shall indemnify, release, defend and hold harmless CITY, its officers, and employees, against any claim, demand, suit, judgment, loss, liability or expense of any kind, Agreement . 4 including attorney's fees, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONSULTANT or CONSULTANT's officers, agents and employees in the performance of their duties and obligations under this Agreement. 13. NONDISCRIMINATION CONSULTANT 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. 14. COMPLIANCE WITH ALL LAWS CONSULTANT 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. CONSULTANT shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONSULTANT 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, ordinance, codes or regulations. 16. NO THIRD PARTY BENEFICIARIES CITY and CONSULTANT 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. 16. 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: Mr. Andrew J. Preston, (Project Manager) City of San Rafael 111 Morphew Street Agreement a 5 P.O. Box 151560 San Rafael, CA 94915-1560 TO CONSULTANT: Mr. Jaemin Park (Project Director) Ghirardelli & Associates, Inc. 1970 Broadway, Suite 920 Oakland, CA 94612 17. INDEPENDENT CONSULTANT For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, agents and employees shall act in the capacity of an Independent CONSULTANT, and not as employees of the CITY. CONSULTANT and CITY expressly intend and agree that the status of CONSULTANT, its officers, agents and employees be that of an Independent CONSULTANT and not that of an employee of CITY. 18. 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 CONSULTANT 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 CONSULTANT 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. 19. SET-OFF AGAINST DEBTS CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT under this Agreement, any monies which CONSULTANT owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. Agreement . 6 20. 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. 21. 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. 22. CITY BUSINESS LICENSE/OTHER TAXES CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONSULTANT shall pay any and all state and federal taxes and any other applicable taxes. CONSULTANT's taxpayer identification number is 94-3395064, and CONSULTANT certifies under penalty of perjury that said taxpayer identification number is correct. 23. APPLICABLE LAW The laws of the State of California shall govern this Agreement. Agreement ® 7 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL r Mayor 101LIZ4 v// Director of PublicAorks ATTEST: 0 am W-110 City Clerk File No.: 16.01.229 G - 1'r,C-C-1 CONSULTANT GHIRARDELLI & ASSOCIATES, INC. c By: qae--- Title: 6(ea"ilde VLM Vkasc015'T APPROVED J9 FORM: City Attorn y Agreement 9 8 < <, C., -z7ji GHIRASS-01 ATP ORDrM CERTIFICATE OF LIABILITY INSURANCE I DATE (M/200YYY) /�ili 2/26/2008 PRODUCER (800) 877-4560 1,000,000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Diversified Risk/Hub International 1 PRODUCTS - COMP/OP AGG I S I I ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE COMBINED SINGLE LIMIT 1 S 1,000,0001 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR License #0757776 BODILY INJURY $ ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 400 Taylor Blvd., Suite #300 BODILY INJURY $ (Per accident) Pleasant Hill, CA 94523 AUTO ONLY - EA ACCIDENT $ I EA ACC I $ I INSURERS AFFORDING COVERAGE NAIC # INSURED Ghirardelli Associates, Inc. I I INSURER OneBeacon America Insurance Co. 2375 Zanker Road, Suite 235 INSURER B: Hartford Fire Insurance Co. San Jose, CA 95131 INSURER c: Travelers Casualty Ins. Co. of America 1 I $ I INSURER D: US Specialty Insurance Company 1 INSURER E, I COVERAGES I E.L. DISEASE - EA EMPLOYEE S 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AOD'q LTR INSRD TYPF OF INSIIRANCF POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIDD/YYI DATE (IVMIDDIYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE I S 1,000,0001 A X X COMMERCIAL GENERAL LIABILITY 7180097680001 11/15/2007 11/15/2008 DAMAGE TO RENTED 1 PREMISES (Ea occurencel 1 $ 500,000 = CLAIMS MADE rK OCCUR 1 MED EXP (Any one person) I S 10,0001 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY I ^ I JECT n LOC AUTOMOBILE LIABILITY B X X ANY AUTO 57UEQAE1074 ALL OWNED AUTOS _ SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS IGARAGE LIABILITY 7-1 ANY AUTO EXCESSIUMBRELLA LIABILITY 7 OCCUR CLAIMS MADE 11/15/2007 11/15/2008 DEDUCTIBLE RETENTION S WORKERS COMPENSATION AND C EMPLOYERS' LIABILITY PSUB-109D441-0-07 6/1/2007 6/1/2008 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? It yes, describe under SPECIAL PROVISIONS below OTHER D ,Professional Liability US071090403 6/1/2007 6/1/2008 D (Professional Liability US071090403 6/1/2007 6/1/2008 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS n the event of cancellation for non-payment of premium, a 10 day notice will apply. I PERSONAL 8 ADV INJURY 1 S 1,000,000 GENERAL AGGREGATE IS 2,000,000 1 PRODUCTS - COMP/OP AGG I S I I 2,000,0001 I COMBINED SINGLE LIMIT 1 S 1,000,0001 (Ea accident) BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) AUTO ONLY - EA ACCIDENT $ EA ACC I $ I OTHER THAN AUTO ONLY: AGG 1 $ 1 I II 1 EACH OCCURRENCE I S I I AGGREGATE I $ I I$ 1$ I $ I X I WC STATU- TH- ORY LIMITSI 10ER 1 I E.L. EACH ACCIDENTS 1,000,0001 I E.L. DISEASE - EA EMPLOYEE S 1,000,0001 I E.L. DISEASE - POLICY (MIT I S 1,000,000 Per Claim & Aggregate: 2,000,000 See Remarks next page " 2e: Ghirardelli Job #804. ;ity of San Rafael, its officers and employees is included as additional insured (Gen. & Auto Liab.), if required by written contractlagreement, )er attached OneBeacon America Additional Insured endorsement, and CA2048 0299. CERTIFICATE HOLDER City of San Rafael Attn: Mr. Andrew J. Preston 111 Morphew Street, P.O. Box 151560 San Rafael, CA 94915-1560 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) © ACORD CORPORATION 1988 REMARKS GHIkr,SS-01 ATP PAGE 1 OF 1 " For Professional Liability coverage, the Aggregate Limit is the total insurance available for all covered claims reported within the policy period. Prior Acts Retroactive Date is 5124/00. A deductible of $25,000 per claim applies. POLICY #: 7180097680001 INSURED: Ghirardelli Associates Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED, This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART and GL CONTRACTORS EXTENDER FORM VCG 206 02 05 a. COMMERCIAL GENERAL LIABILITY COVERAGE FROM CG 00 01 12 04 is amended by the following wording. b. GL CONTRACTORS EXTENDER paragraph 1. ADDITIONAL INSURED — REQUIRED IN CONTRACT, AGREEMENT OR PERMIT is deleted and replaced by the following wording. WHO IS AN INSURED — (Section II) is amended to include as an additional insured any person or organization you are required to add as an additional insured under this policy in a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The person or organization is only an additional insured with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused by "your work" performed under the written contract or written agreement. The insurance provided to the additional insured is limited as follows: a) This endorsement shall not increase the limits stated in Section III LIMITS OF INSURANCE. b) The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: I. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications: and II. Supervisory or inspection activities performed as part of any related architectural or engineering activities. c) This insurance does not apply to "bodily injury: or "property damage" caused by "your work" included in the "products -completed operations hazard" unless you are required to provide such coverage for the additional insured by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought. 3. Subpart (1)(a) of the Pollution exclusion (Section I — Coverages, part 2. f. of the Commercial General Liability Coverage form) does not apply to you if the "bodily injury" or "property damage" arises out of "your work" performed on premises which are owned or rented by the additional insured at the time "your work" is performed. 4. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought specifically requires that this insurance apply on a primary or non- contributory basis. 5. As a condition of coverage, each additional insured must: a) Give us prompt written notice of any "occurrence" or offense which may result in a claim and prompt written notice of "suit". b) Immediately forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with policy conditions. OneBeacon America Page 1 of 1 POLICY #: 57UEQAE1074 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 11/15/2007 Named Insured: Ghirardelli Associates, Inc. I SCHEDULE Name of Person(s) or Organization(s): Any person or organization with whom you agreed, pursuant to a written contract or written agreement to provide insurance such as is afforded under this policy. ............. ....... (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. Subject to all other terms and provisions of the policy, such insurance as provided by this endorsement shall be deemed primary, but only with respect to work performed by or for the named insured in connection with the above described contract. Any other insurance maintained by the Additional Insured(s) shall be excess and non- contributory. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 Exhibit "A" Scope of Services for City of San Rafael Scope of Services • Assist with pre -construction activities as needed. • Monitor and coordinate daily construction activities. • Provide public information and coordination with local businesses and the general public. • Coordinate materials testing and construction staking as needed. • Identify conflicts/issues in the field and coordinate and provide resolution. • Review the cost estimates and back up documentation for any contract change order work. • Measure field quantities and perform quantity calculations to support payment to the contractor for completed work. • Provide coordination and quality assurance inspection for any permit requirements. • Perform field inspection for compliance with contract plans and specifications. • Perform SWPPP inspections and prepare SWPPP reports. • Perform safety inspections and prepare safety reports. • Prepare daily reports of construction activities. • Take photographs and keep photo documentation of the project. • At substantial completion of items of work, prepare punchlist and perform punchlist inspection. • Perform final inspection and acceptance report. • Assist with post -construction close-out activities. • Attend City sponsored meetings. • Any other duties necessary to assist the City is completing the project successfully. February 29, 2008 G Ghirardelli Ghirardelli February 29, 2008 Steve Castaldo, P.E. Senior Engineer City of San Rafael I I I Morphew Street PO Box 151560 San Rafael, CA 94915 Ref. Proposal for 4ffi Street Improvements Dear Steve: Ghirardelli Associates, Inc. is pleased to submit our proposal to provide construction inspection services to the City of San Rafael for the 4th Street Improvement Project. We have included in this proposal, our scope of work and resume for our proposed assistant resident engineer, Mike Johnson. Mike Johnson is the Assistant Resident EngineerlConstruction Inspector who will provide the day-to-day construction inspection on this project. Mike will report to the resident engineer and provide the needed quality assurance of the contractor's activities. Mike will prepare daily diaries, assist with monthly pay estimates, assist with contract administration and office engineering, keep photo documentation, and be the eyes and ears in the field for all construction activities. He will keep a close eye on public and worker safety, traffic control, and make sure that the work is completed in accordance with the approved plans and specifications. Mike has been the assistant resident engineer, construction inspector and office engineer on many local agency projects with multi -agency oversight and he will play a key role on this project. He has worked in this capacity on many projects and knows the steps and methods of completing a project successfully. Mike has over 25 years of experience in construction management with extensive experience working with local agencies on street improvement projects throughout the Bay Area. He worked on the Bay Meadows Development project in San Mateo, which involved a lot of streetscape work including AC paving, concrete work and pavers, underground utilities, decorative lighting, ADA compliant ramps, signals, landscaping and irrigation. He also worked on street improvement projects for the City of San Bruno and the City of Petaluma that involved constant coordination with local businesses and the general public. 1 will be the Project Manager who will provide oversight of technical and quality control issues on this project at no additional cost to the City. I have worked as the project manager on similar projects including the Fairmont Street Improvements Project in EI Cerrito and can bring the experience needed to support the City to complete this project successfully. I will provide any needed coordination and technical support at no cost to the City and will manage the consultant contract with the City. Ghirardelli Associates, Inc. is a Caltrans and DGS certified small, woman -owned business enterprise Ghirardelli If you have any questions or wish to discuss anything contained here, please do not hesitate to contact me at (5 10) 451-4180 or cell phone (415) 717-2450. Sincerely, Jaemin Park, P.E. Executive Vice President Attachments City of San Rafael February 2008 4th Street Improvements Project Ghirardelli A S S 0 C I A T E 5 19.10 a_d—y, Suit. 920 O.klimd, CA 94612 (510)4514180 fa.(516)451-4182 Exhibit "B" Cost Proposal for Construction Inspection Services 4th Street Project City of San Rafael NamePosition Hourly Rate OT Rate Regular OT Hours I I I I I Hours I Pro -Construction Mike Johnson Construction Inspector $106.00 • Construction Mike Johnson Construction Inspector $106.00 Epst-Construction Mike Johnson Construction Inspector $106.00 EO 212912008 Amount $128.50 80 0 $8,480.00 ROTES* 1. Cost proposal based on 240 Working Days plus pre -construction and post -construction services. 2. Cost proposal also Includes and estimated 10 hours of overtime per month. 3. Hourly rates include vehicla and cell phone. 4. Construction Inspector Is subject to prevailing wage requirements.