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HomeMy WebLinkAboutCC Resolution 11523 (Kerner & Francisco Pump Station Impr.)RESOLUTION NO. 11523 RESOLUTION ACCEPTING A PROPOSAL FROM CSW/STUBER- STROEH ENGINEERING GROUP, INC. FOR DESIGN SERVICES FOR IMPROVEMENTS TO KERNER BLVD. & FRANCISCO BLVD. EAST (ROSSI) PUMP STATIONS AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE PROFESSIONAL SERVICES AGREEMENT, NOT TO EXCEED $133,216. WHEREAS, the City of San Rafael has determined that improvements are required for the proper operation of both the Kerner Blvd. and Francisco Blvd. East (Rossi) Pump Stations; and WHEREAS, staff requested and CSW/Stuber-Stroeh Engineering Group, Inc. is willing to conduct professional engineering services for the above-mentioned project; and WHEREAS, CSW/Stuber-Stroeh Engineering Group, Inc. has furnished a proposal to include these services; and WHEREAS, staff finds the content and cost of the proposal to be acceptable and within industry standards; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael that the proposal for Professional Engineering Services by CSW/Stuber-Stroeh Engineering Group, Inc. is accepted in the amount of $47,840 for the Kerner Blvd. Pump Station, and $68,000 for the Rossi Pump Station, plus 15% contingency and not to exceed $133,216; and BE IT FURTHER RESOLVED that the Council hereby authorizes the Director of Public Works to execute a Professional Services Agreement with CSW/Stuber- Stroeh Engineering Group Inc., in a form approved by the City Attorney; and BE IT FURTHER RESOLVED that the Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, JEANNE M. LEONCINI, 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 on the 5th day of April, 2004, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Miller and Mayor Boro NOES: COUNCILMEM 3ERS: None ABSENT: COUNCILMEMBERS: None JE E M. LEONCINI, City Clerk File No.: 08.06.56 AGREEMENT FOR PROFESSIONAL SERVICES FOR KERNER BOULEVARD STORM WATER PUMP STATION REHABILITATION — PHASE TWO This Agreement is made and entered into this 5th day of April, 2004, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and CSWIStuber-Stroeh Engineering Group Inc. (hereinafter "CONTRACTOR). RECITALS WHEREAS, the CITY has determined civil engineering consulting services are required to design and prepare plans and specifications for the Kerner Boulevard Storm Water Pump Station Rehabilitation — Phase Two (hereinafter "PROJECT"); and WHEREAS, the CONTRACTOR has offered to render certain specialized professional services in connection with this Project. httR, 11"85106401 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. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Don Curry 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. 3. DUTIES OF CONTRACTOR CONTRACTOR shall and perform the duties and. or provide services as follows; the CONTRACTOR agrees to provide professional services as outlined in the Proposal from KFC. r CONTRACTOR dated March 18, 2004, marked Exhibit "A", attached hereto, and incorporated herein by this reference. The CONTRACTOR agrees to be available and perform the work specified in this agreement in the time frame as specified and as shown in Exhibit "A". 4. DUTIES OF THE CITY CITY shall and 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 CONTRACTOR, CITY shall pay CONTRACTOR on a time and materials basis for services rendered in accordance with the rates shown on the current fee schedule as described in Exhibit "A" attached and incorporated herein. The total payment made for any individual work task will not exceed the amounts shown on the Proposal Budget (Phase Two), set out in Exhibit "A". Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 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 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. Agreement • 2 8. OWNERSHIP OF DOCUMENTS The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 9. INSPECTION AND AUDIT Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 10. ASSIGNABILTY 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, CONTRACTOR, 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 CONTRACTOR's performance of services under this Agreement. B. The insurance coverage required of the CONTRACTOR by Section 11. A., shall also meet the following requirements: 1. 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; Agreement • 3 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. CONTRACTOR 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 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 five 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, 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. D. Any deductibles or self-insured retentions in CONTRACTOR'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 CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 12. INDEMNIFICATION CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, and employees, against any claim, demand, suit, judgement, loss, liability or expense of any kind, 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 CONTRACTOR or CONTRACTOR's officers, agents and employees in the performance of their duties and obligations under this Agreement. Agreement • 4 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. 14. COMPLIANCE WITH ALL LAWS CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinance, codes or regulations. 15. NO THIRD PARTY BENEFICIARIES CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 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. Scott A. Schneider, (Project Manager) City of San Rafael 111 Morphew Street San Rafael, CA 94901 TO CONTRACTOR: Mr. Don Curry (Project Director) CS W:' Stuber-Stroeh 790 De Long Avenue Novato, CA 94945 Agreement • 5 17. 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. 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 CONTRACT and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terns 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 CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by Agreement • 6 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 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. CONTRACTOR's taxpayer identification number is 680215172, and CONTRACTOR 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. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL - J- ANDREW J. F STON, Director of Public Works ATTEST: JEANNE M. LEONCINI, City Clerk CONTRACTOR CSW/Stuber-Stro . By: Title: ll)a� � i rORMz i GARY T. RAGGVIANTI , City Attorney Agreement • 7 CSW [St] 2 Date: March 18, 2004 File: 4.1063.02 Mr. Scott Schneider Deputy Director of Public Works City of San Rafael 111 Morphew Street San Rafael, CA 94901 EXHIBIT A TEL: (415) 892-4763 FAX: (415) 892-4502 E -Mail: Office@cswst2.com CSW/Stuber-Stroeh Engineering Group, Inc. Engineers • Land Planners e Surveyors • Landscape Architects RE: KERNER BOULEVARD STORM WATER PUMP STATION REHABILITATION PHASE TWO Dear Scott: CSW/Stuber-Stroeh Engineering Group, Inc. (CSW/Stz) is pleased to submit this proposal for engineering services for the Kerner Boulevard Storm Water Pump Station Rehabilitation, Phase Two. Our proposal is based on discussions with you, Jim Forsythe, Glenn Nunly and our site visit to the existing facility. It is our understanding that Phase Two will include a total station rehabilitation including concrete, hatches, gates, site work, and pressure chamber work. SCOPE OF SERVICES A. Preliminary Investieation and Maupine: Base investigation and mapping was completed during Phase One. B. Preliminary Design: CSW/Stz will develop alternatives for upgrading of the entire site. Items include: 1. Expanding access/set up pads to allow City crews to better access trash rack/channels for debris removal. (Includes retaining wall design). 2. Rehabilitation of the existing sump. (Includes concrete sump evaluations). 3. Replacement of gate equipment as needed. 4. Preliminary Assessment Report. C. Final Desien/Construction Documents: Using the findings from the Preliminary Design phase, develop drawings and specifications. 4,cor%03-18.04 MfO 790 De Long Avenue, Novato, California 94945 1301 Redwood Way, Suite 200, Petaluma, California 94954 Mr. Scott Schneider City of San Rafael March 18, 2004 Page 2 D. Cost Estimates: CSW Ist], CSW/St2 will prepare "Opinion of Probable Construction Costs". This estimate will be based on the final contract documents. E. Biddiniz Process: CSW/St2 will assist the City in the advertisement for bids, pre-bid meeting, and evaluation of bids. F. Construction Administration: CSW/St' will provide the City, on an on-call basis, observation, submittal review, meeting attendance and other assistance during the Construction Phase. FEES The budget estimate for the above Scope of Services for Phase Two is as follows: A. Preliminary Investigation/Mapping $ 500.00 B. Preliminary Design 1. Access Set-up Pads $ 4,000.00 2. Rehabilitation of Sump (Includes Evaluation) $ 19,000.00 3. Gate and associated equipment $ 6,760.00 4. Preliminary Assessment Report $ 2,040.00 C. Final Design/Construction Documents $ 14,660.00 D. Cost Estimates $ 880.00 E. Bidding Process T&E F. Construction Administration T&E TOTAL, PHASE TWO $ 47,840.00 + T&E INFORMATION PROVIDED BY THE CITY OF SAN RAFAEL CSW/St2 will rely on the City of San Rafael for the following items: a. Any records of the existing pump station layout and/or operational aspects of the station. b. Underground storm and sanitary sewer records for streets within the project boundary. C. Property negotiation with surrounding properties (if needed). d. General provisions of the specifications e. Contract Administration 41•Coz%03 I8 04 1063 Mr. Scott Scluleider City of San Rafael March 18, 2004 Page 3 ADDITIONAL SERVICES CSW [St]' The following items are specifically not included in this proposal. If the City chooses to include these services in the future, a separate contract or change order will be negotiated to cover the expanded Scope of Work. a. Title Reports b. Potholing C. Legal Descriptions, Record of Survey, and other documents regarding property d. Work associated with any agency or impacts on wetland habitat e. Utility relocations outside of the pump station parcel f. Landscaping/Irrigation g. Additional surveying beyond base mapping (i.e. construction staking, channel monitoring, etc.) h. Record Drawings i. Environmental Reports j. Soil Investigations/Geotechnical Reports SCHEDULE CSW/St2 is prepared to begin Phase Two of our proposal immediately upon receipt of a signed work confirmation. If this proposal is acceptable, please sign both copies of the enclosed Work Confirmation and initial each page of the attached Standard Provisions of Agreement Between Client and Consultant. Please return both complete sets of documents to our office as your authorization to proceed. We will return a signed set to you for your records. Scott, thank you for the opportunity to present this proposal. We look forward to working with you and your staff as always. If you have any questions, please call. Sincerely, CSW/STUBER-STROEH ENGINEERING GROUP, INC. Vurry DC:lkm Enclosures 4 Cor 03 18 04 1063 �ALLPKU , Lot=vM `J I1fi 1Iw_--wA I EZ U1 k- L8AMILI I Y IISIbUKAMoM I 04/05/04 PRODUCER THIS CERTIFICAT ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONI ".o NO RIGHTS UPON THE CERTIFICATE P. O. Box 12675 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland, CA 94604-2675 510 465-3090 David Eckman INSURERS AFFORDING COVERAGE INSURED INSURER A: Hartford Casualty Insurance Co. CSW/StuberStroeh Engineering Group Inc � INSURER e:United States Fidelity &Guaranty 790 De Long Avenue, Suite 1 I INSURER c:American Automobile Ins. Co. Novato, CA 94945 INSURER D:XL Specialty Insurance Company I INSURER F. - COVERAGES 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. NSRI POLICY EFFECTIVE POLICY EXPIRATION LTRs TYPE OF INSURANCE i POLICY NUMBER DATE(MM/DD/YYI DATE (MM/DD/m LIMITS A I GENERAL LIABILITY 57SBALT9745 08/06/03 08/06/04 I EACH OCCURRENCE I 52,000,000 X :COMMERCIAL GENERAL LIABILITY IFIRE DAMAGE (Anyone fire $300,000 CLAIMS MADE X I OCCUR MED EXP (Any one person) 1$10,000 PERSONAL & ADV INJURY 152,000,000 I I GENERAL AGGREGATE 154,000,000 GEN'LAGGREGGATTELIMITAPPL!ES PER: I PRODUCTS-COMP/OPAGGI 64,000,000 POLICY.' X I PRror F LOC B 1 AUTOMOBILE LIABILITY 13AO1573808 El ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS l—= (X HIRED AUTOS X NON -OWNED AUTOS I I GARAGE LIABILITY 7 - ANY AUTO i 1 EXCESS LIABILITY OCCUR CLAIMS MADE L— DEDUCTIBLE RETENTION S C WORKERS COMPENSATION AND I EMPLOYERS' LIABILITY D OTHER Professional Liability i 11/01/03 11/01/04 COMBINED SINGLE LIMIT (Eaaccident) I $1,000,000 BODILY INJURY (Per person) BODILYINJURY 5 (Peraccident) PROPERTY DAMAGE $ (Per accident) AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC 15 AUTO ONLY: AGG $ EACH OCCURRENCE $ (AGGREGATE IS I Is IIS $ WZP80915821 09/01/03 09/01/04 X ITORYIATU- I OTH1 E.L. EACH ACCIDENT 151,000,000 E.L.DISEASE-EAEMPLOYEdI $1,000,000 f)ISFASF-POI ICyI�AIiI $1.000,000 DPR9400333 03/31/04 03/31/05 $1,000,000 per Claim $2,000,000 Annl Aggr. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY EN DORSEMENT/SPECIAL PROVISIONS 3ENERAL LIABILITY POLICY EXCLUDES CLAIMS ARISING OUT OF THE PERFORMANCE OF PROFESSIONAL SERVICES. IEF: All Job/Locations. The City of San Rafael, its officers, agents and 'See Attached Descriptions) ;ERTIFICATE HOLDER ADDMONALINSIIRF(T INSUF-R I FTTER. rANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of San Rafael Department of Public Works Attn: Andy Preston 111 Morphew Street San Rafael, CA 94903 kCORD 25-S (7/97)1 of 2 #M101269 DATETHEREOF,THE ISSUING INSURER WILL EN DEAVORTO MAIL30DAYS WRrr EN NOTICE TOTHE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OB LIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTAT VE DAC 0 ACORD CORPORATION 1988 OtbUKIPTION5 (uontinuea trom rage ) employees are additional Insureds to general _ wAo liability. Insurance Is primary. AMS 25.3(07/97) 2 of 2 #M101269 AGREEMENT FOR PROFESSIONAL SERVICES FOR ROSSI STORM WATER PUMP STATION REHABILITATION This Agreement is made and entered into this 5th day of April, 2004, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and CSW'Stuber-Stroeh Engineering Group Inc. (hereinafter "CONTRACTOR). RECITALS WHEREAS, the CITY has determined civil engineering consulting services are required to design and prepare plans and specifications for the Rossi Storm Water Pump Station Rehabilitation (hereinafter "PROJECT"); and WHEREAS, the CONTRACTOR has offered to render certain specialized professional services in connection with this Project. I.C4J.709181UL4111 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. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Don Curry 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. 3. DUTIES OF CONTRACTOR CONTRACTOR shall and perform the duties and. or provide services as follows; the CONTRACTOR agrees to provide professional services as outlined in the Proposal from CONTRACTOR dated February 10, 2004, marked Exhibit "A", attached hereto, and incorporated herein by this reference. The CONTRACTOR agrees to be available and perform the work specified in this agreement in the time frame as specified and as shown in Exhibit "A". 4. DUTIES OF THE CITY CITY shall and 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 CONTRACTOR, CITY shall pay CONTRACTOR on a time and materials basis for services rendered in accordance with the rates shown on the current fee schedule as described in Exhibit "A" 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 "A". Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 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 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. Agreement 0 2 8. OWNERSHIP OF DOCUMENTS The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 9. INSPECTION AND AUDIT Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 10. ASSIGNABILTY 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, CONTRACTOR, 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 CONTRACTOR's performance of services under this Agreement. B. The insurance coverage required of the CONTRACTOR by Section 11. A., shall also meet the following requirements: 1. 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; Agreement • 3 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. CONTRACTOR 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 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 five 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, 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. D. Any deductibles or self-insured retentions in CONTRACTOR'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 CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 12. INDEMNIFICATION CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, and employees, against any claim, demand, suit, judgement, loss, liability or expense of any kind, 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 CONTRACTOR or CONTRACTOR's officers, agents and employees in the performance of their duties and obligations under this Agreement. Agreement • 4 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. 14. COMPLIANCE WITH ALL LAWS CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinance, codes or regulations. 15. NO THIRD PARTY BENEFICIARIES CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 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. Scott A. Schneider, (Project Manager) City of San Rafael 111 Morphew Street San Rafael, CA 94901 TO CONTRACTOR: Mr. Don Curry (Project Director) CSW'Stuber-Stroeh 790 De Long Avenue Novato, CA 94945 Agreement • 5 17. 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. 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 CONTRACT and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 19. SET-OFF AGAINST DEBTS CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 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 Agreement • 6 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 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. CONTRACTOR's taxpayer identification number is 680215172, and CONTRACTOR 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. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL CSW/S Strop By: ANDREW J. P ' STON, Director of Public Works n,, , Title: t�Y , ATTEST: JEANNE M. LEONCINI, City Clerk ney Agreement • 7 SSW Ist] 2 Date: February 10, 2004 File: 4.1063.01 Mr. Scott Schneider, Sr. Civil Engineer Department of Public Works City of San Rafael 111 Morphew Street San Rafael, CA 94901 EXHIBIT' A TEL: (415) 892-4763 FAX: (415) 892-4502 E -Mail: Office@cswst2.com CSW/Stuber-Stroeh Engineering Group, Inc. Engineers • Land Planners • Surveyors • Landscape Architects RE: ROSSI STORM WATER PUMP STATION REHABILITATION Dear Scott: CSW/Stuber-Stroeh Engineering Group, Inc. (CSW/St) is pleased to submit this proposal for engineering services for the Rossi Storm Water Pump Station Rehabilitation. Our proposal is based on discussions with you, Jim Forsythe, Glenn Nunly and our site visit to the existing facility. It is our understanding that the City has determined that a complete rehabilitation of the existing facility is warranted. This scope would replace the equipment in the pump station, including pumps, motor control center, wiring, grating, piping, gates, fencing, lighting, and all other associated equipment. The existing stand- by generator and automatic transfer switch will be removed and not replaced. During the conceptual phase of design, we are planning to conduct a condition survey to evaluate the integrity of the concrete in the existing sump. This will be done with core samples and a series of tests and examinations. It is assumed that the existing sump can be used with minor repairs, but that the top of the existing sump, which supports the equipment, will have to be removed and replaced. SCOPE OF SERVICES We have divided our Scope of Services into five major tasks. The tasks are base mapping, preliminary design, final design/contract documents, additions/alternatives, and construction services. Task No. 1: Base Manning CSW/Stuber-Stroeh Engineering Group, Inc. (CSW/St') will complete the base map to show the following information: (Note: Elevations will be based on the existing bench mark on the wall at the Pump Station.) a+.corkoa-io-oea 1063 790 De Long Avenue, Novato, California 94945 1301 Redwood Way, Suite 200, Petaluma, California 94954 CSW 2 Mr. Scott Schneider, Sr. Civil Engineer [st] City of San Rafael February 10, 2004 Page 2 1.1 Control Points for construction. The existing bench mark will be reset at the completion of construction. 1.2 Existing topography in and around the pump station. Includes equipment (base and top), sump (walls, floor, corners), driveway limits and building locations. 1.3 Existing utilities in streets as marked by the local utility companies. We will arrange for the field locating by U.S.A. 1.4 Top of curb and flowline elevations of existing curb and gutters in East Francisco Blvd. one hundred feet in each direction of the pump station on both North and South sides. 1.5 If possible, existing inverts of the inlet and discharge lines. 1.6 It is our understanding that Caltrans built the original pump station. CSW/St' will contact Caltrans for any available information they may have. The map developed will be used as the base for contract documents and presentations by the City for public relations. Task No. 2: Preliminary Design Preliminary Design will include the following: 2.1 Sizing of pumps, electrical equipment, and coordination with P.G.& E. 2.2 Location/orientation of pumps, motor control center, transformer, lighting, conduits, fencing, and site development. 2.3 Elevations for comparison showing the existing station vs. the proposed station. These elevations can be used by the City for presentations to neighborhood organizations. 2.4 Conceptual design of new gates. 2.5 Conceptual design of new grating system. 2.6 Conceptual design of motor control center pedestal. 2.7 Provide Preliminary Design set for approval by the City. 2.8 Meetings with the City to discuss design (budget includes 5 meetings.) 4\Car\02-I0-04a 1063 CSW Mr. Scott Schneider, Sr. Civil Engineer St 2 City of San Rafael February 10, 2004 Page 3 Task No. 3: Final Design/Contract Documents 3.1 Final construction docuinents will be completed at an appropriate scale to match the information shown on the drawings. Drawings will be prepared in an AutoCAD 2000 format. Plan sheets will be 24" X 36". Plans will show the geometric layout of all new and existing equipment and facilities. Final plans will include: a. Title, Index, and General Notes b. Site Plan/Existing Conditions C. Demolition Plan d. Equipment Plan/Sections C. Mechanical Details f. Sump Repair Plan/Details g. Foundation Plan/Details (MCC and Pumps) h. Existing Electrical Layout i. Electrical Plan/Details (Power/Control Conduit) j. Wiring Diagrams/Details (Interconnection) k. Wiring Diagrams (Note: The above listing is preliminary and Final Plans may vary with additional layouts/details or by combining some sheets.) 3.2 Final specifications for the technical portion (Specials Provisions) will follow CS 1 format. We believe that this format best suits a pump station contract. The equipment can be individually specified as to material assembly, shop, testing requirements, installation, and final field check out. Specifications shall include sections on the following: a. Pumps b. Motor Control Center C. Electrical/Wiring d. Lighting C. Concrete f. Miscellaneous Metal g. Valves/Gates h. Piping i. Level Controls j. Storm Drainage k. Fencing (Note: The above is only a partial list. The final specifications will include additional sections that will be determined during the design phase. The City will provide the General Conditions and Bidding Instructions.) 4 CLI CSW Mr. Scott Schneider, Sr. Civil Engineer St 2 City of San Rafael February 10, 2004 Page 4 3.3 Engineer's Estimate — CSW/SV will prepare an "Opinion of Probable Construction Costs". 3.4 Bidding Process — CSW/St' will prepare bid sheets and sets of plans and specifications (number to be determined by the City) to be distributed to potential contractors, attend the pre-bid meeting and answer inquiries from contractors, and attend the bid opening. Task No. 4: Additions/Alternatives 4.1 Condition Survey of existing sump. CSW/St2 will conduct a preliminary investigation of the sump. If it is determined that additional testing is warranted and the sump can be salvaged, CSW/St2 will arrange for a specialized study. The study would be similar to the study conducted at Peacock Gap Pump Station and includes cores, and analysis of concrete and rebar. Tests would include petrographic examinations, cylinder breaks, chlorine analysis, carbonate tests, and half -cell potential. Completion of survey would depend on the ability to isolate the pump station from inflow of waters. Task No. 5: Construction Services 5.1 Construction services, which include but are not limited to consultation, testing, and site observation/monitoring, are not included in this proposal. These services can be handled individually and will be billed on a time and expense basis. INFORMATION PROVIDED BY THE CITY OF SAN RAFAEL We will rely on the City of San Rafael for the following items: a. Any records of the existing pump station layout and/or operational aspects of the station. b. Underground storm and sanitary sewer records for streets within the project boundary. C. Property negotiation with surrounding properties (if needed). d. General provisions of the specifications e. Contract Administration EXCLUSIONS The following items are specifically not included in the proposal. If the City chooses to include these services in the future, a separate contract or change order will be negotiated to cover the expanded Scope of Services. 4%Cod02-10-04a.1063 Mr. Scott Schneider, Sr. Civil Engineer City of San Rafael February 10, 2004 Page 5 FEES CSW [St), a. Title Reports b. Potholing C. Legal Descriptions, Record of Survey, and other documents regarding property d. Environmental Reports e. Work associated with any agency or impacts on wetland habitat f. Utility relocations outside of the pump station parcel g. Soil Investigations h. Load testing of existing piles if needed i. Landscaping/Irrigation j. Additional surveying beyond base mapping (i.e. construction staking, harbor monitoring, etc.) k. As Builts 1. Any items not specifically included in the Scope of Services outlined above. Based on the above Scope of Services, we have developed the following budgets. We will invoice the City on a time and expense basis in accordance with the attached Hourly Rates and Billing Policy. We will not exceed the budgets outlined below without notifying the City. Task No. 1: Base Mapping Task No. 2: Preliminary Design Task No. 3: Final Design/Contract Documents Task No. 4: Additions/Alternatives 4.1 Sump Testing Task No. 5: Construction Services $ 5,000.00 $ 19,000.00 $ 29,000.00 $ 15,000.00 (Allowance) $ 10,000.00 (Allowance) (Note: Printing, mileage, photos and all other reimbursables will be changed on an as -needed basis.) Scott, we look forward to working with you and your staff toward the successful rehabilitation of the Rossi Storm Water Pump Station. If you have any questions, please call. Sincerely, C /STUBER-STROEH ENGINEERING GROUP, INC. Don Curry DC:vmj Enclosures 4kCoi'.02- 10-04a 1063 CSW TEL: (415) 892-4763 [St] 2 FAX: (415) 892-4502 E -Mail: Office@cs-,vst9-.com CSW/ Stub er-Stroeh Engineering Group, Inc. Engineers - Land Planners • Surveyors - Landscape Architects HOURLY RATES AND BILLING POLICY Effective July 14, 2003, the following hourly rates will be charged for services rendered. (Rates subject to change May 12, 2004): ENGINEERING HOURLY RATES LANDSCAPE ARCHITECTURE HOURLY RATES Principal $144.00 - 165.00 Principal $144.00 - 165.00 Engineer Manager 144.00 Senior Planner 124.00 - 144.00 Senior Engineer 124.00 - 144.00 Planner V 124.00 Project Engineer V 124.00 Planner IV 113.00 Project Engineer IV 113.00 Planner III 108.00 Project Engineer III 108.00 Planner 11 103.00 Project Engineer H 103.00 Planner I 98.00 Project Engineer I 98.00 Landscape Architect V 98.00 Engineer V 98.00 Landscape Architect IV 93.00 Engineer IV 93.00 Landscape Architect III 87.00 Engineer III 84.00 Landscape Architect H 72.00 Engineer 11 76.00 Landscape Architect I 64.00 Engineer I 66.00 Landscape Designer III 78.00 Senior Designer 110.00 Landscape Designer H 66.00 Designer IV 89.00 Landscape Designer I 62.00 Designer III 83.00 Designer 11 77.00 ENVIRONMENTAL PLANNING HOURLY RATES Designer I 68.00 Principal $144.00 - 165.00 Technician IV 72.00 Project Environmental Planner 108.00 Technician III 66.00 Environmental Planner 98.00 Technician II 64.00 Technician I 53.00 Project Assistant Il 52.00 Project Assistant I 47.00 Computer Technician / Trainer 100.00 Expert Witness / Arbitration services are available at a negotiated rate. SURVEYING Survey Supervisor 129.00 Two -Man Survey Party 183.00 Two -Man Survey Party - Overtime / Saturday 242.00 Three -Man Survey Party 258.00 Two -Man Survey Party - Sunday / Holiday 299.00 All expenses for transportation will be charged at a rate of 36¢ per mile. Filing fees, checking fees, prints, and other ourside costs will be charged at cost, plus service charges at the rate of 10%. Billing will be monthly. Invoices are due and payable upon presentation. Interest at the rate of 1.5% per month commencing thirty (30) days after invoice date will be charged on delinquent accounts. CSW/Stuber-Stroeh Engineering Group, Inc. reserves the right to suspend work on any project when invoices have not been paid within thirty (30) days after having been rendered. 111161 -114 IRT 790 De Long Avenue, Novato, California 94945 1310 Redwood W'av, Suite 200, Petaluma, Califorrua 94954 ..,. ,r,r.un,2 'RODUCER )ealey, Renton & Associates '. 0. Box 12675 Dakland, CA 94604.2675 i10465-3090 David Eckman NSURED CSW/Stuber-Stroeh Engineering Group Inc 790 De Long Avenue, Suite 1 Novato, CA 94945 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMAT ONLY AND CONF I. NO RIGHTS UPON THE CERTIFiC,:,-- HOLDER. THIS Ci:. i IFICATE DOES NOT AMEND, Eh i E;ID ALTER THE COVERAGE AFFORDED BY THE POLICIES SE C',% INSURERS AFFORDING COVERAGE INSURER A: Hartford Casualty Insurance Co. 1 INSURER B:Un(ted States Fidelity & Guaranty INSURER c:American Automobile Ins. Co. INSURER D:XL Specialty Insurance Company INSURER E: :OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTAND.`: ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED CP MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SLC - POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ISR POLICY EFFECTIVE IPOLICY EXPIRATION: LIMITS TR TYPEOFINSURANCE POLICY NUMBER I OATEfMM/OD/YYII DATEfMM/DD/m' A GENERAL LIABILITY 57SBALT9745 108/06/03 108/06/04 EACH OCCURRENCE 1 S2,000,000 X COMMERCIALGENERAL L.ABILITYI I I I FIRE DAMAGE (Anyone fire), 5300,006 CLAIMS MADE, X I OCCUR I MED EXP (Any one person) , S10,000 PERSONAL 8 ADV INJURY S2,000.000 I GENERAL AGGREGATE 54,000.000 �GEN'LAGGREGATELIMIT APPLIES PER: I ,PRODUCTS -COMP/OPAGG s4.000,000 POLICY X PROT � LOC � B AUTOMOBILE LIABILITY BA01573808 11/01/03 111/01/04 COMBINED SINGLE LIMIT S1,000,000 I X ANYAUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS I (Peroerson) X HIRED AUTOS � I I BODILY INJURY S X NON -OWNED AUTOS (Peraccldent) 1 I PROPERTY DAMAGE 15 (Per accident) GARAGE LIABILITY 1 ; I AUTO ONLY- EA ACCIDENT! S i EA ACC I S _ ANY AUTO I I OTHER THAN AUTO ONLY: AGG I S I EXCESS LIABILITY , I EACH OCCURRENCE Is OCCUR CLAIMS MADE ,AGGREGATE S I I I S DEDUCTIBLE i ! ! I S RETENTION 5 � C WORKERS COMPENSATION AND IWZP80915821 109/01/03 109/01/04 TH] IX ITnRYIIIMTSI ,OFR EMPLOYERS' LIABILITY ! j I 1E.L. EACH ACCIDENT 51,000,000 I I IE.L.DISEASE EAEMPLOYEES1,000,000 IF I ()ISEASE-POLICY LIMIT S1,000,000 D OTHER Professional DPR9400333 03/31/04 03/31/05 $1,000,000 per Claim Liability ; $2,000,000 Annl Aggr. )ESCRIPTION OF OPERATIONS/ LOCATIONS/VEHICLEWEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS 3ENERAL LIABILITY POLICY EXCLUDES CLAIMS ARISING OUT OF THE PERFORMANCE OF PROFESSIONAL SERVICES. SEF: All Job/Locations. The City of San Rafael, its officers, agents and ;See Attached Descriptions) -ERTIFICATE HOLDER I AODMONALINSURED:INSUP�RLETrER- City of San Rafael Department of Public Works Attn: Andy Preston 111 Morphew Street San Rafael, CA 94903 4CORD 25-S (7/97)1 of 2 #M101269 r'ANCELLATI ON SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE _PXF1RATIC', DATETHEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL30— DAYS WRrt_I MN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TOD 0 SO SHAL- IMPOSE NO OBLIGATION OR LIABILITY OFANYKIND UPON THE INSUREKITS AGENTS C.7 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE DAC ACORD CORPORATION 1353 dmployees are additional Insureds to general ito liability. Insurance Is primary. AMS 25.3 (07/97) 2 of 2 #M101269