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HomeMy WebLinkAboutCC Resolution 13671 (TL Recreation Pool House Impr.; Kappe)! RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 1 RAFAEL ACCEPTING ! PROPOSAL 1 ARCHITECTS LINDAARCHITECTURAL AND ENGINEERING DESIGN SERVICES ON THE TERRA RECREATION AND AUTHORIZING ! AMOUNTPROFESSIONAL SERVICES AGREEMENT WITH KAPPE + DU ARCHITECTS IN THE $85,250,00 was constructed in 1966, and WHEREAS, the current facility is not sufficient for the existing level of use; and WHEREAS, . • •restroomand changingarea have shown significang signs of ` • . i to the moist air from the waterenvironment and from approved allocating $200,000 from the Parkland Dedication Fund for design; an4_ WHEREAS, City staff found that design services from qualified consultants will requiredbe for this project; and WHEREAS, City staff followed the City standard procedures for selection of the most qualified # and WHEREAS,the most qualifiedconsultant# # ith # amountfee in the $85,250.00 (technical proposal attached # I . The Professional Scope of Services for Kappe + Du Architects, as attached 2. Council does hereby authorize the Public Works Director to enter into Professional Services Agreement with Kappe + Du Architects for professional services listed in Exhibit "A", in a form approved by the City Attorney and in an amount not to exceed $85,250.00. 3. 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. 1, 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 on the 3rd day of February, 2014, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Connolly, McCullough & Mayor Phillips ABSENT: COUNCIL MEMBER None ESTHER C. BEIRNE, City Clerk FA i lqlii�inir ♦1� Ilig I � ", VVVS811'1511� DUN! 1468111 FOR THE TERRA LINDA RECREATION CENTER POOL HOUSE IMPROVEMENTS PROJECT This Agreement is made and entered into this ,*40,?,Q , 2014 by and between the CITY OF SAN RAFAEL [hereinafter "CITY"], and Kappe + Du Architects, a corporation authorized to do business in California (hereinafter "CONTRACTOR). WHEREAS, the CITY has determined that certain specialized professional services are required for the Terra Linda Recreation Center Pool House Improvements Project (hereinafter "PROJECT"); and WHEREAS, the CONTRACTOR has offered to render such specialized professional services in connection with this Project. 11111 emm A. CITY. The Public Works Director 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. Ron Kappe is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute F*'ROJECT DIRECTOR for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONTRACTOR CONTRACTOR agrees to perform the services outlined in the proposal from CONTRACTOR dated November 15, 2013 marked Exhibit `A" attached hereto, and incorporated herein by this reference. CONTRACTOR agrees to perform the work specified in this Agreement. 3. DUTIES OF THE CITY CITY shall perform the duties, if any, as described in Exhibit "A" attached hereto and incorporated herein. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR on a time and materials basis for services rendered in accordance with the rates shown on the current fee schedule as described in Exhibit "A". The total payment made under this Agreement shall not exceed $85,250.00, except by written amendment of this agreement by the parties. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. The term of this Agreement shall be from the date of execution until completion of the project. 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 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. The written •# and materials prepared by the CONTRACTOR in connection with the performance of its • 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. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party., and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE A. During the term of this Agreement, CONTRACTOR, shall maintain, at no expense to CITY, the following insurance policies: - I A commercial general liability insurance policy in the minimum amount of one million ($1,000,000) dollars 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 ($1,000,000) dollars per occurrence; 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million ($ 1,000,000) dollars per occuffence/two million dollars ($2,000,000) 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. The insurance coverage required of the CONTRACTOR by 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 I Agreement * 3 noncontributory" coverage in CONTRACTOR's policies shall be at least as broad as ISO form CG20 01 0413. 3. Except for professional liability insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. The insurance policies shall be specifically endorsed to provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to the PROJECT MANAGER. 5. If the insurance is written on a Claims Made Form, then., following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY's own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. C. 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 W D. CONTRACTOR shall provide to the PROJECT MANAGER or CITY's City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage It required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all 1� 9 policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or nm��� 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 e approved as to form and sufficiency by PROJECT MANAGER and the City 11. INDEMNIFICATION A. Except as provided in Paragraph B, CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONTRACTOR's performance of its obligations or conduct of its operations under this Agreement. The CONTRACTOR's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONTRACTOR's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONTRACTOR' s work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR's performance of or operations under this Agreement, CONTRACTOR shall provide a defense to the City Indemnitees or at CITY's option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. B Where the services to be provided by CONTRACTOR under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend and hold harmless the City Indemnitees from and against any CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such CLAIM which is caused by the sole negligence or willful misconduct of CITY. C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in W this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. Agreemento 5 CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinance, codes or zm� 14. NO THIRD PARTY BENEFICIARIES CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. NOTICES All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Kevin McGowan, Assistant Public Works Director/City Engineer City of San Rafael I I I Morphew Street P.O. Box 151560 San Rafael, CA 94915-1560 TO CONTRACTOR: Kappe + Du Architects Ron Kappe, Project Manager 801 D Street San Rafael, CA 94901 16. INDEPENDENT CONTRACTOR For the purposes, and for the duration, of this Agreement, CONTRACTOR, its *fficers, 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. 1' j0" 101.1, 11 a A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBM"11 CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. WAIVERS The waiver by either party of any breach or violation of any term., covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or 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 Agreement * 7 (including claims administration) and attorney's fees expended in connection with such action. 11111111131' M=!. 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). F 2. 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. 1-4 NADER MANSOURIAN, Public Works Director ATTEST: A4U jr&, ROBERT F. EINSTEIN, C y Attorney KAPPE + DU ARCHITECTS By: Title: mmzm� iacna�r_� Approach to i In general our approach is to: Listen carefully, understand needs, and # plore alternative solutions. Work closely with our clients to provide leadership and guidance in achieving project goals. Focus on innovative and practical design solutions appropriate to schedule and budget. Reflect client/user participation, contextual design, historic continuity, appropriate imagery, energy conservation, and current technology in all our work. Work closely with consultants to achieve integrated design solutions, achieve LEED ratings as required and to control project cost. 111111plilliq We work closely with our design team to maximize value and opportunities while keeping overall cost within line. One of our unique strengths is that our firm's principals bring hands-on experience in construction. We design effective building systems and construction details and work hard with you and the other architects and contractor during the construction documents and construction phase to see that the work is executed properly. During the production of the construction documents, we closely coordinate with all disciplines' documents and specifications. Our specifications have been continuously developed for more than 15 years, yet each project has unique requirements that are carefully researched and incorporated into the documents. A senior architect not associated with the project team separately reviews all bridging documents prior to their issuance. Disciplines Coordination We closely coordinate all architectural, structural, mechanical, electrical, plumbing, civil and landscape plans and specifications. • eekly meetings are held with sub -consultants to ensure that all systems interrelate correctly and are properly coordinated. • With our Building Information Modeling software, different disciplines of drawings are combined to analyze and coordinate building systems. Any discrepancy can be detected at early design stage. • Kappe+Du Architects coordinates team documents through the use of our FTP site where all team documents can be reviewed. It is password protected. 1P.1 iver,-2 Wes - 0 Project Schedule and updates As the owner, you, through your designated Project Manager, will be at the center of all communication. To set the tone for an effective, collaborative effort, we begin by hosting an on- site program verification workshop. This workshop would potentially involve project administrators, the user groups and representatives from the community. The workshop is designed to be very interactive and to build consensus. The exact list of attendees, the exact timing and number of the workshop(s) would be developed with your Project Manager. Tasks that we will accomplish will include - Tour the current facility and the proposed new project site. 0 Discuss the space and program allocations for the project. 0 Develop a room -by -room listing of spaces for each phase. 0 Identify potential operational efficiencies. 9 Discuss site infrastructure requirements. Review the project budget goals. Establish sustainable design goals At the conclusion of the workshop, we will have developed a preliminary spreadsheet that accurately identifies the program elements and room sizes. The spreadsheet will outline a preliminary budget for the project. We will provide you with this spreadsheet so you can verify the program and make changes as needed. After the workshop, the team will work together to develop a conceptual master floor plan that will include the agreed upon building program. In addition, a site master plan will be developed to show site improvements and the conceptual master floor plan. An accurate site survey will be needed to facilitate this deliverable. If desired, a report back meeting can be scheduled with participants. Task 2b: Schematic Design Phase In this phase, we will use the building program developed during the workshop to develop the preliminary drawings for the building, which lay out the building configuration, image, function, and appearance. The following specific tasks are included: Conduct detailed follow-up interviews with key stakeholders or staff to develop the functional requirements for each room. • Identify planning and building code requirements specific to site and project. Review automobile and pedestrian circulation onto and around the site. • Develop a preliminary site plan with building footprint, parking, and landscaping. • Develop floor plans based on the conceptual floor plan with room sizes and configuration. Three conceptual alternatives are included. • Develop schematic exterior elevations for the project • Provide one to two color renderings of the building elevations: Develop an initial systems and materials narrative to be used for preliminary pricing. • Provide an initial cost estimate. • Attend meetings to present and review the design with your Project Manager an Oversight Subcommittee of representatives. • PM review &E and approval at 35%, 65% and 95% PSsubmittal packages. Tack 2c: Design Review Process • Prepare exhibits for the Design Review submittal, including exterior color and materials board. • Attend Planning Review and Design Review meetings (up to 2 meetings). • Make changes to project per the Design Review decisions • PIVI approval Deliverables: • Meeting minutes for public outreach meetings • Three conceptual alternatives & preferred design scheme Needs Assessment Report Minimum of 1 public meeting q IN I Task 3: Environmental Compliance and Permitting The demolition and reconstruction of the pool house appears to qualify for a categorical exemption pursuant to CEQA Section 15302 Replacement and Reconstruction of an existing facility that involves no substantial increase in capacity. The project is not listed on any historic resource inventory. This scope assumes that a categorical exemption would be sufficient to clear the project under CEQA, and that no additional technical study would be required. Task 4a: Design Development Phase (35% plans) In design development, the team will work with you to develop the scope of the building systems, including architectural, structural, mechanical, plumbing, electrical and civil design considerations. We will submit plans and specifications to the PM for review and approval. Some of this work can take place concurrent with the Design Review process. Provide boundary and topographic survey studies. Civil engineer will coordinate with utility companies. Civil engineer will develop plans with roadway access, traffic circulation, parking, landscaping, sewer, storm drainage system and water. Develop the approved schematic plans to comply with building codes. Coordinate with Civil, Structural, MEP engineers on design development. Provide draft technical specifications for PM review and coordination. Provide dimensions and notes on floor plans and elevations. Develop dimensioned and noted building sections. Provide door, window, hardware and finish schedules. Submit and coordinate with Building Department for building permit plan check. Provide detailed Design Development Cost Estimate. All plans willl be submitted on 22x34 sheets in AutoCad format. PM Review period and Task 4a approval. 0 Task 4b: Construction Documents (65% & 95%) Develop plans and specifications to a complete set of bidding documents including: architectural exterior details, interior details, civil, landscape, structural, mechanical, plumbing, electrical and security system. • Coordinate with PM for final Specifications Manual • Coordinate with the PM for development of front end of bidding specifications. • Coordinate with Building Department and other agencies for required permits. 0 Provide a final construction estimate. • Respond to Building Department "back check comments" • PM Review and Final Comment period Task 4c: Bidding period • Assist the PM in preparing addendums during bid period. • Provide a conformed set of documents for construction. • Provide support in analyzing the bid results. • Allow time for Value Engineering effort if required ( 2-3 weeks) • Attend Pre -Construction meeting with selected Contractor • Provide all plans and specifications in electronic format. Deliverables: 0 Meeting minutes 0 35%, 65% and 95% plans and specifications 0 Review comments Report 0 Final bid documents Task 5: Support in Construction Phase Review and respond to RFI's submittals and change orders Review and comment on submittals and shop drawings Resolve non-compliance substitutions on material submittals. Attend regular site meeting Require the contractor to submit a CPM schedule. Make payment recommendations to your PM. Coordinate with PIVI on punch -list and close-out procedures. We remain very detail -oriented during the construction phase, assuring that the project stays tru to the design vision and remains cost-conscious. i Task 1: Project ,i® and Coordination (10 months throughout) Task 2: Needs Assessment & Preliminary Design (4 months including PM review 2 weeks) Task 2a: Programming, Needs Assessment Report (1 month) Task 2b: Schematic Design Phase (1 month) Tack 2c: Design Review Process (1.5 months) Task 4: Plans Specifications and bidding (6 months including Building Department Review & bidding period) Task 4a: Design Development Phase (35% plans) 1 month Task 4b: Construction Documents (65% & 95%) 2 months Building Department Review and Back -check Comments, 1.5 months 0 Task 4c: Bidding period 1.5 months Task 5: Support in Construction Phase (8-10 months) Kappe+Du Architects: Project Manager $160 per hour Project Architect $148 Job Captain $123 Senior Drafter $ 98 Intermediate Drafter $ 88 ZFA, Structural Engineers: Executive Principal $160 per hour Senior Principal/ Principal $150 Senior Associate $140 Associate $130 Senior Engineer $115 Engineer $100 Designer $90 Senior Drafter $95 Drafter $80 Lefler Mechanical Engineers: Principal $195 per hour Senior Project Engineer $155 Project Engineer $130 CAD Drafter $105 Administrative $ 75 �J =0aingwo Principals $215 per hour Senior Engineers $175 Engineers $148 Jr. Engineer $120 CAD Operator $107 Jr. CAD Operators $68 Administrative $70 Harrison Engineering ,*rincipal/Senior Project Manager $183 per hour Project Manager 11 $168 Project Manager 1 $158 Senior Project Engineer 11 $147 Construction Inspector $127 Project Engineer 1 $116 Senior Design Engineer 11 $111 Design Engineer 11 $ 90 TE OF LIABILITY INSURANCE IIII�IIII�II�II� i -� VIII II �' D� iCERTIFIC 1 CERTIFICATETHIS ! AS j MATTER OF ! ` ! ONLY ! CONFERS NO RIGHTS UPON' ! ! ' THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES _7 CERTIFICATE ! ' DOES ! CONSTITUTEi ' j • AUTHORIZED BELOW.. R EPRESENTATIVE 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 !conditionsofthepolicy, policies !endorsement. `statementon does iconfer! ! the certificate holder ofsuch endorsement(s). PRODUCER 'Dealey, Renton & Associates 199 S Los 1! i t Robles ♦ ♦ ' 1 91101 Pasadena, CONTACT Swaney PHONE FAX No, E )! 626-844-3070 I(A/C, No); E-MAILmswaney@insdra.com a AFFORDING i ! i ' Lic ` INSURER A Property 08048571-544 i ANSURE• • a INSURER B:XLSpecialty Insurance • • EACH OCCURRENCE $1,000,000 • Architects i♦ • ! Street r ;San Rafael, CA 94901 INSURER 1 CLAIMS -MADE 5_1OCCUR 415-457-7801 INSURER F r•nX1=0Ar_9=c r_I=PTIF:Ir'eTF NI IMRFR- 434034816 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 LTR TYPE OF INSURANCE ADDLSUBR INSD WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 08048571-544 1112013 9/112014 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $1,000,000 CLAIMS -MADE 5_1OCCUR MED EXP (Any one person) $10,000 X Contractaul Liab PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 POLICY I X I E D LOC $ OTHER: A AUTOMOBILE LIABILITY Y BA4900L950 !112013 91112014 N7E LIMIT— Ea accident I $1,000,000 BODILY INJURY (Per person) $ ANY AUTO ALL OS ED SSCHEESDULED NON -OWNED X HIRED AUTOS X AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident $ X NoOwned Auto UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED 7 1 RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y 1 N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A IPER$ STATUTE EORTFi E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ If yes„ describe under DESCRIPTION OF OPERATIONS below B Professional Liability DPS9700695 /9/2013 /9/2014 $1,000,000 per claim Claims Made Form $2,000,000 Annual Aggr DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Cancellation Notice: 30 day/10 day for non -pay of premium Will be mailed to the certificate holder. General Liability policy excludes claims arising Out of the performance of professional services. Insured Owns no company vehicles, therefore, hired/non-Owned auto Is the maximum Coverage that applies. Re: all operations -- City of San Rafael, Its officers, agents, and employees are named as additional insured as respects general hired/non-owned auto liability for Claims arising from the operations of the named Insured as required by Written contract. DOTE. Primary and non-contributory wording and waivers of subrogation apply per policy endorsement forms attached. CERTIFICATE 911E CANCELLATION i • day #non -pay premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TIME EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Sari Rafael, Dept of Public Works ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Leslie Blomgi ist, PE 111 Morphew Street AUTHORIZED REPRESENTATIVE San Rafael CA 04001 1988-2014 ACRD CORPORATION. All rights reserved. ACORD 25 2014/01 The A ORD name and logo are registered rears Of AC }RD COMMERICAL GENERAL LIA I ISSUE DATE:2/19/2014 11 PAN ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) p NAs , I wk, sAill City of San Rafael, Dept of Public Works Attn: Leslie Blomquist, PE 111 Morphew Street San Rafael CA 94901 PROJECT/LOCATION OF COVERED OPERATIONS: Re: all operations for the City of San Rafael, its officers, agents, and employees PROVISIONS A The following is added to WHO IS AN INSURED The insurance provided to such additional (Section 11): insured is limited as follows: The person or organization shown in the Sched- ule above is an additional insured on this Cover- age Part, but only with respect to liability for bod- ing of or failure to render any "professional ily injury 'property damage" or 'personal injury services caused, in whole or in part, by your acts or orris - sions or the acts or omissions of those acting on e. The limits of insurance afforded to the addi- your behalf: tional insured shall be the limits which you agreed in that 'contract or agreement requir- a. In the performance of your ongoing oper- ing insurance" to provide for that additional ations, insured, or the limits shown in the Declarations for this Coverage Part, b. In connection with premises owned by or whichever are less. This endorsement does rented to you; or not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section 111) for C. In connection with your work and included this Coverage Part. within the "products -completed operations hazard. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL Such person or organization does not qualify as LIABILITY CONDITIONS (Section IV): an additional insured for "bodily injury", "property However, if you specifically agree in a contract or damage" or "personal injury' for which that person agreement requiring insurance that, for the add - or organization has assumed liability in a contract banal insured shown in the Schedule, the insur- or agreement. ance provided to that additional insured under this CG D3 82 09 07 Page I C 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to • insurance that is available to such additional insured which covers such additional insured as a `• `• and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage I) for which coverage is sought occurs; and (2) The" personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance" for such additional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when the additional insured is also an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any • of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury"property damage" or It personal injury)) • out of It your work 71 on or for the project, or at the location, shown in the Schedule above, performed by you, or on your behalf, under a it contract or agreement requiring insurance 37 with that additional insured. We waive these rights • where you have agreed to do so as part of the Itcontract or agreement requiring insurance" with that additional insured entered into by you before, and in effect when, the "bodily injury )) or "property damage 7) occurs, or the It personal injury ly offense is committed. D. The following definition is .••-• tit, DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that 'Part of any contract • agreement under'which you are required to include the person or organization shown in the Schedule as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. CG D3 82 09 07 Page 2 0 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission A A • 12! 16A • A A With respect to coverage provided by this endorsement, the provisions ofthe 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: 2 19 2 0 14 Countersigned By: Named Insured- Kappe + Du Architects (Authorized Representative) SCHEDULE Name of Person(s) or organization(s): Re: all operations for the City of San Rafael, its officers, agents, and employees (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 11 of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below 'is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use thi's form for all professional services a 1!reem ents/co n tracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department Date I City Attorney Review, revise, and comment on draft agreement. 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. 3Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). 4 City Attorney Review and approve form of agreement; bonds, and insurance certificates and endorsements. 5 City Manager / Mayor or Agreement executed by Council authorized Department Head official. 6 City Clerk City Clerk attests signatures, retains original agreement and forwards copies to the contracting department. To be completed by Contracting Department: -Proje ct Name Project Manager. 6-C UIQL Agendized for City Council Meeting 6f, (I*f necessary): If you have questions on this process, please contact the City Attomey's Office at 485-3080. Council approval is required if contract is over $20,,000 on a cumulative basis.