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Home My WebLink AboutPW Pt. San Pedro Median Project Administration Servicescrrvo�� Agenda Item No: 3J Meeting Date: July 2, 2012 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: /!G�`�/h // City Manager Approval - Director of Public Works (LB) File No.: 03.01.180; 06.01.191 SUBJECT: RESOLUTIONS ACCEPTING PROPOSALS FROM GRERARDELLI ASSOCIATES, INC. FOR PROFESSIONAL SERVICES TO PROVIDE PROJECT ADMINISTRATION AND INSPECTION SERVICES FOR THE CITY HALL HEATING, VENTILATION & AIR CONDITIONING UPGRADES PROJECT, PROJECT NO. 11154 AND THE POINT SAN PEDRO MEDIAN IMPROVEMENTS PROJECT, PROJECT NO. 11163, AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE AGREEMENTS IN AMOUNTS OF $60,000 AND $57,000 RESPECTIVELY. RECOMMENDATION: Staff recommends that the City Council adopt the resolutions authorizing the Public Works Director to execute agreements with Ghirardelli Associates, Inc. for the City Hall Heating, Ventilation & Air Conditioning (HVAC) Upgrades Project and the Point San Pedro Median Improvements Project in amounts of $60,000 and $57,000 respectively. BACKGROUND: On June 18, 2012, City Council adopted a resolution authorizing the Public Works Director to enter into an agreement with Trahan Mechanical, Inc. to construct the City Hall HVAC Upgrades Project. In addition, on June 4, 2012 City Council adopted a resolution authorizing the Public Works Director to enter into an agreement with Cleary Brothers Landscaping to construct the Point San Pedro Median Improvements Project. Both projects are scheduled to start construction in mid July 2012. In order to inspect these projects, one inspector is needed for approximately 4 hours per working day on each project. In addition, each project requires specialized inspection knowledge and extensive coordination. For these reasons, Public Works recommends hiring a construction inspection firm to inspect and coordinate the projects due to the fact that insufficient staff is available at this time to provide the expertise and detailed oversight required to ensure that a quality product is constructed with minimal change orders. FOR CITY CLE N�tY File No.:1 Council Meeting: ��'I �0t 2- Disposition: I'Esez, tr/o'v S 1 337 / / /33 y SAN RAFAEL CITY COUNCIL AGENDA REPORT / PaLre: 2 ANALYSIS: The City requested a proposal from Ghirardelli Associates for project administration and inspection services for both projects. City Staff interviewed the proposed project inspector who has experience in both road right-of-way and building construction. In order to provide the construction inspection services at a reasonable cost, it is recommended to hire one inspector for both projects. Hiring one inspector for both projects will reduce costs by eliminating time needed for travel, training and public works oversight for the second inspector. The scope of services is described in their proposal, attached to this report as Exhibit "A". The cost proposal is described in detail in their proposal, attached to this report as Exhibit "B." FISCAL EMPACT: Proposal received from Ghirardelli Associates, Inc for the City Hall HVAC Upgrades Project and the Point San Pedro Median Improvements Project estimated the cost of their services at $39,496.90 and $49,371.12 respectively for each project. However, due to the complexity of each project and the propensity for contract change orders associated with the HVAC project we recommend developing these contracts to not exceed $60,000 and $57,000 for each project. Previously, the City Council approved construction engineering budgets as part of each project allocation as follows: City Hall HVAC Pt. San Pedro Median Upgrades Protect Improvements Allocated Construction Inspection Budget $120,268.42 $57,446.56 Both the not to exceed amounts stated above fall within the original approved budgets and no additional funding will be needed for construction inspection services for either project. OPTIONS: The Council may choose to reject the proposal from Ghirardelli Associates, Inc. and direct staff to select a different consultant. Selecting a different consultant may result in the postponement of the construction commencement date. ACTION REQUIRED: Staff recommends that the City Council adopt Resolution accepting the proposal from Ghirardelli Associates, Inc., and authorize the Public Works Director to execute agreements with Ghirardelli Associates for the City Hall Heating, Ventilation & Air Conditioning Upgrades Project and the Point San Pedro Median Improvements Project with the contract amount not to exceed $60,000 and $57,000 respectively. Enclosures (4) 1. Resolutions (x2) 2. Professional Services Agreement (x2) 3. Scope of Services from the Consultant, Exhibit "A" (x2) 4. Cost Proposal from the Consultants, Exhibit `B" (x2) RESOLUTION NO. 13371 RESOLUTION ACCEPTING A PROPOSAL FROM GHIRARDELLI ASSOCIATES, INC. FOR PROFESSIONAL SERVICES TO PROVIDE PROJECT ADMINISTRATION AND INSPECTION SERVICES FOR THE CITY HALL HEATING, VENTILATION & AIR CONDITIONING UPGRADES PROJECT, PROJECT NO. 11154 AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE AN AGREEMENT IN THE AMOUNT OF $60,000.00. WHEREAS, the City requires professional inspection for the City Hall Heating, Ventilation & Air Conditioning Upgrades Project; and WHEREAS, the Construction Management firm of Ghirardelli Associates, Inc. was selected as the best qualified for inspection services; and WHEREAS, Ghirardelli Associates, Inc. has submitted a Proposal to provide such services in the amount of $39,496.90; and WHEREAS, staff has reviewed the proposal from Ghirardelli Associates, Inc. and found it to be within industry standards and acceptable. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael that the Ghirardelli Associates, Inc. proposal is accepted in an amount of $60,000 ($39,496.90 plus contingency); and BE IT FURTHER RESOLVED, that the Council does hereby authorize the Public Works Director to execute the Agreement for Professional Services in a form approved by the City Attorney's office. RESOLVED FURTHER that the Public Works Director of the City of San Rafael is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 2"d day of July, 2012, by the following vote, to wit: AYES: COUNCIL MEMBERS: Connolly, Levine, McCullough & Mayor Phillips NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Heller ESTHER C. BEIRNE, City Clerk File No. 06.01.191 AGREEMENT FOR PROFESSIONAL SERVICES WITH GHIRARDELLI ASSOCIATES, INC. FOR CITY HALL HEATING, VENTILATION AND AIR CONDITIONING SYSTEM UPGRADES PROJECT NO. 11154 This Agreement is made and entered into this 2nd day of July, 2012 by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and GHIRARDELLI ASSOCIATES, INC. (hereinafter "CONSULTANT"). RECITALS WHEREAS, the CITY has determined that project administration and inspection services are required for construction inspection services for the City Hall Heating, Ventilation and Air Conditioning System Upgrades Project, Project No. 11154 (hereinafter "PROJECT"); and WHEREAS, the CONSULTANT has offered to render certain specialized professional services in connection with this Project. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION A. CITY. The Public Works Director shall be the representative of the CITY for all purposes under this Agreement. The Public Works Director is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONSULTANT. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Mr. Jaemin Park is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the CONSULTANT shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONSULTANT CONSULTANT shall perform the duties and/or provide services outlined in the proposal from CONSULTANT dated June 18, 2012, marked Exhibit "A," attached hereto, and incorporated herein by this reference. The CONSULTANT agrees to be available and perform the work specified in this agreement in the time frame as specified and as shown in Exhibit "B," cost estimate. ZD OR% 3. DUTIES OF THE CITY CITY shall perform the duties as described in Exhibit "A" attached hereto and incorporated herein. 4. COMPENSATION For the full performance of the services described herein by CONSULTANT, CITY shall pay CONSULTANT on a time and materials basis for services rendered in accordance with the rates shown on the current fee schedule as described in Exhibit "B" attached and incorporated herein in an amount not to exceed $60,000. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONSULTANT. 5. TERM OF AGREEMENT The term of this Agreement shall be from the date of execution until the Project is complete. 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 CONSULTANT and any and all of CONSULTANT's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. E. The CITY shall pay CONSULTANT the amount due for services rendered and expensed incurred through he date of termination. 7. OWNERSHIP OF DOCUMENTS The written documents and materials prepared by the CONSULTANT in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use Agreement • 2 said property for any purpose, including projects not contemplated by this Agreement. Any use of document by the City for projects outside the scope of this agreement shall be at the City's own risk. 8. INSPECTION AND AUDIT Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONSULTANT in connection with its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY or its agent in any such audit or inspection. 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, CONSULTANT, shall maintain, at no expense to CITY, the following insurance policies: 1. A comprehensive general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage; 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence; 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million ($1,000,000) dollars to cover any claims arising out of the CONSULTANT's performance of services under this Agreement. B. The insurance coverage required of the CONSULTANT by Section 10.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 contractual liability and personal injury; 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, and employees as additionally named insureds under the policies; Agreement • 3 4. CONSULTANT shall provide to PROJECT MANAGER, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents and employees, as additional insureds under the policies; 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice (except 10 days for non-payment of premium) to City's Project Manager; 6. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than three years; 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement; 8. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. C. If it employs any person, CONSULTANT shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONSULTANT and CITY against all liability for injuries to CONSULTANT's officers and employees. D. Any deductibles or self-insured retentions in CONSULTANT's insurance policies must be declared to and approved by the PROJECT MANAGER and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 11. INDEMNIFICATION CONSULTANT shall indemnify, release, defend and hold harmless CITY, its officers, and employees, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONSULTANT or CONSULTANT's officers, agents and employees in the performance of their duties and obligations under this Agreement. 12. NONDISCRIMINATION CONSULTANT shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. Agreement • 4 13. COMPLIANCE WITH ALL LAWS CONSULTANT shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONSULTANT shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONSULTANT shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinance, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES CITY and CONSULTANT do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 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: Nader Mansourian, Public Works Director City of San Rafael 111 Morphew Street San Rafael, CA 94915-1560 TO CONSULTANT: Mr. Jaemin Park (Project Director) Ghirardelli Associates, Inc. 1970 Broadway, Suite 920 Oakland, CA 94612 16. INDEPENDENT CONSULTANT For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, agents and employees shall act in the capacity of an Independent CONSULTANT, and not as employees of the CITY. CONSULTANT and CITY expressly intend and agree that the status of CONSULTANT, its officers, agents and employees be that of an Independent CONSULTANT and not that of an employee of CITY. Agreement • 5 17. ENTIRE AGREEMENT -- AMENDMENTS A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONSULTANT and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONSULTANT and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT under this Agreement, any monies which CONSULTANT owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. WAIVERS The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 20. COSTS AND ATTORNEY's FEES The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE/OTHER TAXES CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONSULTANT shall pay any and all state and federal taxes and any other applicable taxes. CONSULTANT's taxpayer identification number is Agreement • 6 94-3395064, and CONSULTANT certifies under penalty of perjury that said taxpayer identification number is correct. 22. APPLICABLE LAW The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL Nader Mansourian Public Works Director ATTEST: Esther C. Beirne City Clerk File No.: 06.01.191 CONSULTANT GHIRARDELLI ASSOCIATES, INC. BYQ,, l Title:— C--5cC?Z C T1 46 Vt-r- APPROVED AS TO FORM: Robert F. Epstein City Attorney Agreement • 7 Ghirardelli A S S O C I A T E S June 18, 2012 Leslie Blomquist, P.E. Associate Civil Engineer City of San Rafael Department of Public Works 111 Morphew Street PO Box 151560 San Rafael, CA 94915 Exhibit 'A' Ref. Proposal for Construction Management/Inspection Services for Median Landscape Improvements Project and Police Station HVAC Project Dear Leslie: Ghirardelli Associates, Inc. is pleased to submit our proposal to provide construction management/inspection services to the City of San Rafael for the Median Landscape Improvement Project and the Police Station HVAC Project. As requested at our meeting on June 12, 2012, attached is a resume and fee schedule for our proposed construction manager/inspector Justin Kable. I am also attaching resumes for backup construction manager/inspector for the project. Justin Ka61e is the Construction MonagerlConstruction Inspector who will provide the day- to-day construction inspection on this project. Justin will report to the City and provide the needed quality assurance of the contractor's activities. Justin will prepare daily diaries, assist with monthly pay estimates, assist with contract administration and office engineering, keep photo documentation, perform employee interviews, review certified payrolls and monitor labor compliance, and be the eyes and ears in the field for all construction activities. He will keep a close eye on public and worker safety, traffic control, and make sure that the work is completed in accordance with the approved plans and specifications. Justin will also provide all coordination with involved entities for the projects. He has excellent communication skills and knows that success on a construction project involves constant and effective communication, public relations and public information. Justin will make sure that the project is completed successfully. Aaron Pieczonka, will be a backup to Justin, in case there is a need. Aaron is a local San Rafael resident, with over 16 years of experience in construction management. His resume with detailed information on his experience is provided. Aaron's billing rate will be the same as Justin's. 1 will be the Project Manager who will provide oversight of technical and quality control issues on this project at no additional cost to the City. I have worked as the project manager on similar projects for many local agencies can bring the experience needed to support the City to complete this project successfully. I will provide any needed coordination and technical support to the City and will manage the consultant contract with the City. 1067 Market Street 1970 Broadway Suite 1024 Suite 920 San Francisco, CA 94103 Oakland, CA 94612 (415) 864-4180 (510) 451-4180 Fax (415) 864-4182 Fax (510) 451-4182 Ghirardelli Associates, Inc. 2375 Zanker Road 400 Vernon Street Suite 235 Suite A San Jose, CA 95131 Roseville, CA 95678 (408) 435-5503 (916) 781-0800 Fax (408) 435-5505 Fax (916) 781-0803 Ghirardelli A S S O G I A T S S Based on the information provided and our meeting on June 12, 2012, we are providing two separate cost proposals. The total cost is based on 4 hours per day for 100 working days for the Median Landscape Improvements and 4 hours per day for 80 working days for the Police Station HVAC Improvements, working simultaneously. Ghirardelli Associates, Inc. is a Caltrans and DGS certified small, woman -owned business enterprise. If you have any questions or wish to discuss anything contained here, please do not hesitate to contact me at (5 10) 451-4180 or cell phone (415) 717-2450. Sincerely, ��p Jaemin Park, P.E. Executive Vice President Attachments 'City of San Rafael June 18, 2012 Construction Inspection Service Median Landscape Improvements and Police Station HVAC Project Exhibit 'B' © Ghirardelli 1070 Broadway, 9ulta 920 Oakland, CA 94912 (510) 451.41!0 fm(510)451-4182 Cost Estimate Construction Management/Inspection Services for Police Station HVAC Improvements Project City of San Rafael Name Position Hourly OT Rate DT Rate Hours OT Hours Cost Rate Justin Kable, P.E. Construction $123.43 $185.14 $246.86 320 0 $39,496.90 Manager/Inspector Total $ 39,496.90 NOTES: 1. Hourly rates include vehicle and cell phone. 2. Construction Inspector is subject to prevailing wage requirements. 3. OT rate goes into effect after 8 hours in a 24hour period, up to 12 hours. 4. DT rate goes into effect after 12 hours in a 24hour period. 5. Any ours beyond 40hous in a week will be at OT rates for the first 8hours and then at DT rates for beyond in a 24hour period. 6. There are no extra premiums on weekend or evening rates. 7. Cost estimate includes all hours to support close-out of project. 8. Cost estimate based on 80 working days, 4 hours per day. 9. Cost estimate is a starting point and can be adjusted to meet the City's needs. Client#: 319144 GrrrriARDE ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 7/16/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Hub International PHONE925 609-6500 FAX 925 609-6550 HUB Int'I Insurance Serv. Inc. i UUMCA Lo. ExU: I (A/c, No): ADDRESS: P.O. BOX 4047 INSURER(S) AFFORDING COVERAGE NAIC # Concord, CA 94524-4047 INSURER A: Hanover Insurance Company 22292 INSURED INSURER B: Navigators Specialty Ins Co 36056 Ghirardelli Associates, Inc. 2375 Zenker Road, Suite 235 I INSURER C: Travelers Prop Cas Co of Amer 25674 San Jose, CA 95131 I INSURER D: Continental Casualty Company 20443 INSURER E: Hartford Fire Insurance Company 19682 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER POLICY EFF POLICY EXP (MWDD/YYYY) (MM/DD/YYYYLIMITS A GENERAL LIABILITY ZHF892721001 11/15/2011 11/15/201) S1,000,000 X COMMERCIAL GENERAL LIABILITY EEACCH�OCTCpURRENCE I PREMISES (Ea occurrence) S500,000 CLAIMS -MADE FX1 OCCUR I MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 I POLICY n jE O n LOC $ E AUTOMOBILE LIABILITY 57UECAE1074 11/15/2011 11/15/2010EeaccINED idenntSINGLELIMIT 51,000,000 X ANY AUTO BODILY INJURY (Per person) Is ALL OWNEDSCHEDULED BODILY INJURY (Per acc dent) $ _ AUTOS AUTOS X HIRED AUTOS X NON -OWNED I PROPERTY DAMAGE $ AUTOS (Per accident) $ B UMBRELLA LIAR OCCUR CH11 EXC717561IC 11/15/2011 11/15/201J EACH OCCURRENCE $10,000,000 X EXCESS LIAB CLAIMS -MADE H AGGREGATE 1$10,000,000 I I DED XI RETENTION$0 $ C WORKERS COMPENSATION PJUB109D441012 06/01/2012 06/01/201 X IWORVTLIIMTS I JS AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N I E.L. EACH ACCIDENT 1$1,000,000 OFFICER/MEMBER EXCLUDED? N / A (Mandatory In NH) I E.L. DISEASE - EA EMPLOYEEI $1,000,000 If yes, describe under I 1$1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT D PROFESSIONAL LIAB AEH288376164 06/01/2012 06/01/201 Per Claim: $5,000,000 Aggregate: $5,000,000 Ded: $35,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more apace Is required) Re: Project #11154, City Hall Heating, Ventilation and Air Conditioning System Upgrades (Ghirardelli Job #1219). City of San Rafael, its officers, agents and employees, as additional insured and Primary Wording applies to General Liability and Auto Liability per attached 421-0778 0909, 421-0452 0607 & HA9916 0910, all as required by written contract. Professional Liability Prior Acts: Full Retro. CERTIFICATE HOLDER CANCELLATION Cit Of San Rafael SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Department of Public Works ACCORDANCE WITH THE POLICY PROVISIONS. 111 Morphew Street San Rafael, CA 94915 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1752533tM1708313 SK42 Policy Number: ZHF892721001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA COMMERCIAL GENERAL LIABILITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGES 1. Additional Insured by Contract, Agreement or Permit Included 2. Additional Insured - Broad Form Vendors Included 3. Aggregate Limit per Location included 4. Alienated Premises Included 5. Bodily Injury Redefined Included 6. Broad Form Property Damage - Borrowed Equipment; Customers Goods & Included Use of Elevators 7. Extended Property Damage Included 8. Incidental Malpractice (Employed nurses; EMT's & paramedics) Included 9. Knowledge of Occurrence Included 10. Liberalization Clause Included 11. Medical Payments - Increased Limit $ 10,000 12. Mobile Equipment Redefined Included 13. Newly Acquired or Formed Organizations- Covered until and or policy period Included 14. Non -owned Watercraft 51 ft. 15. Personal Injury - Broad Form Included 16. Product Recall Expense - Each Occurrence Limit $ 25,000 -Aggregate Limit $ 50,000 17. Property Damage Legal Liability (Fire, Lighting, Explosion, Smoke or Leakage Damage) $500,000 18. Supplementary Payments Increased Limits Bail Bonds $ 2,500 - Loss of Earnings $ 300 19. Unintentional Failure to Disclose Hazards Included 20. Unintentional Failure to Notify Included This endorsement amends coverages provided under the Commercial General Liability Coverage Form through new coverages, higher limits and broader coverage grants, 1. Additional insured by Contract, Agreement or Permit Under Section 11 - Who Is An insured, Paragraph 4. Is added as follows: 4. a. Any person or organization with whom you agreed, because of a written contract, written agreement or permit to provide insurance, is an insured, but only with respect to: (1) "Your work" for the additional Insured(s) at the location designated in the contract, agreement or permit; or 421.0778 09 09 (2) Premises you own, rent, lease or occupy. This Insurance appiles on a primary basis if that is required by the written contract, written agreement or permit. b. This provision does not apply: (1) Unless the written contract or written agreement has been executed or permit has been Issued prior to the "bodily injury", "property damage", "personal injury" or "advertising injury", Includes copyrighted material of ISO Insurance Services Office, Inc. with its permission, Page 1 of 6 (2) To any person or organization included as an insured by an endorsement issued by us and made part of this Coverage Part. (3) To any person or organization Included as an Insured under item 2 of this endorsement. (4) To any lessor of equipment: (a) After the equipment lease expires; or (b) If the "bodily injury", "property dam- age", "personal injury" or "advertising Injury" arises out of sole negligence of the lessor. (5) To any: (a) Owners or other interests from whom land has been leased which takes place after the lease for the land ex- pires; or (b) Managers or lessors of premises If: (t) The occurrence takes place after you cease to be a tenant in that premises; or (ii) The "bodily injury", "property damage", "personal injury" or "advertising injury" arises out of structural alterations, new con- struction or demolition operations performed by or on behalf of the manager or lessor. 2. Additional Insured - Broad Form Vendors Under Section ll - Who Is An Insured, Paragraph 5. Is added as follows: 5. a. Any person or organization with whom you agreed, because of a written contract or written agreement to provide insurance, but only with respect to "bodily Injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: b. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay dam- ages by reasons of the assumption of li- ability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change In the product made intentionally by the vendor; (4) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under Instruction from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspection, ad- justments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the sale of the product; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises In connection with the safe of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any thing or substance by or for the vendor. c. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompany- ing or containing such products. 3. Aggregate Limit Per Location (1) Under Section III - Limits of Insurance the General Aggregate Limit applies separately to each of your "locations" owned by or rented to you, (2) Under Section V - Definitions, definition 23. is added as follows: 23. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a rail- road. 4. Alienated Premises Under Section I - Coverage A, paragraph 2. Exclu- sions, j. (2) Is replaced in its entirety with the Wowing: (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises and occurred from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. 5. Bodily Injury Redefined Under Section V - Definitions, definition 3. "bodily injury" is replaced in its entirety with the following: Page 2 of 6 Includes copyrighted material of ISO Insurance Services office, inc. with its permission. 421-0778 09 09 Policy Number: ZHF8927210001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Other Insurance — Primary and Non -Contributory (Additional Insured) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following Is added to Section IV — Commercial General Liability Conditions 4. Other Insurance a. Additional insureds a That is Fire, Extended If you agree in a written contract, written Coverage, Builder's agreement or permit that the insurance Risk, Installation Risk or provided to any person or organization similar coverage for included as an Additional Insured under your work, Section II — Who is An Insured, is (b) That is Fire insurance primary and non-contributory, the for premises rented to following applies: the Additional Insured or temporarily occupied by the Additional If other valid and collectible insurance is Insured with permission available to the Additional Insured for a of the owner; loss we cover under Coverages A or B of this Coverage Part, our obligations c That is insurance ()purchasedtIs i are limited as follows: y the Additional Insured to 1.Primary Insurance cover the Additional This insurance is primary to other Insured's liability as a insurance that is available to the tenant for "property Additional Insured which covers the damage" to premises Additional Insured as a Named rented to the Additional Insured. We will not seek Insured or temporarily contribution from any other occupied by the insurance available to the Additional Additional with Insured except: permission of the 1. For the sole negligence of the owner; or Additional Insured; (d) If the loss arises out of ii. when the Additional Insured is the maintenance or use an Additional Insured under of aircraft, "autos" or another primary liability policy; watercraft to the extent or not subject to Exclusion g. of Section 1 — ili. when 2. below applies. Coverage A — Bodily If this Insurance is primary, our Injury And Property obligations are not affected unless Damage Liability. any of the other insurance is also When this insurance Is excess, we will have primary. Then, we will share with all no duty under Coverages A or B to defend the that other insurance by the method Insured against any "suit" if any other insurer described in 3. below. has a duty to defend the insured against that 2. Excess Insurance "suit". If no other insurer defends, we will This insurance is excess over. undertake to do so, but we will be entitled to the insured's rights against all those other (1) Any of the other Insurance, Insurers. whether primary, excess, contingent or on any other When this Insurance Is excess over other basis: insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: Page 1 of 2 421-0452 06 07 Includes copyrighted material of Insurance Services Offices, Inc., with its permission (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown In the Declarations of this Coverage Part. 3. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until It has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other Insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of Its applicable limit of Insurance to the total applicable limits of Insurance of all insurers. Page 2 of 2 421-0452 06 07 Includes copyrighted material of Insurance Servlces Offices, Inc., with Its permission POLICY NUMBER: 57UECAE1074 COMMERCIAL AUTOMOBILE HA 9915 0910 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your personal The Named Insured shown In the affairs. Declarations is amended to include: C. Lessors as Insureds (1) Any legally incorporated subsidiary In which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "Insured" under such a policy but for Its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership, joint venture or limited liability company (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: e. The lessor of a covered "auto" while the "auto" Is leased to you under a written agreement If: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. D. Additional Insured if Required by Contract (1) Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: f. When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." © 2010, The Hartford (Includes copyrighted material Form HA 99 16 09 10 of ISO Properties, Inc., with its permission.) Page 1 of 5 The insurance afforded to any such E. Primary and Non -Contributory if additional insured applies only if the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in I.D. - Additional (1) During the policy period, and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply. written contract, and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this Insurance be (2) How Limits Apply primary. If other Insurance is also If you have agreed in a written contract primary, we will share with all that other or written agreement that another Insurance by the method described in person or organization be added as an Other Insurance 5.d. additional insured on your policy, the (4) Primary And Non -Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement; or additional insured's own insurance, this (b) The Limits of Insurance shown In insurance is primary and we will not the Declarations, seek contribution from that other insurance. Such amount shall be a part of and not Paragraphs (3) and (4) do not apply to other In addition to Limits of Insurance shown Insurance to which the additional insured In the Declarations and described in this has been added as an additional insured. Section. (3) Additional Insureds Other Insurance When this insurance is excess, we will have no duty to defend the insured against any suit if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other Insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or "suit" those other insurers. to the other insurer for defense and indemnity. When this insurance is excess over other insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance; and own insurance. (4) Duties in The Event Of Accident, Claim, (2) The total of all deductible and self-insured Suit or Loss amounts under all that other insurance. If you have agreed in a written contract We will share the remaining loss, if any, by the or written agreement that another method described in Other Insurance 5.d. person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any "auto" hired or rented by your "employee" on additional Insured shall be required to your behalf and at your direction will be comply with the provisions in LOSS considered an "auto" you hire. CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM SUIT The OTHER INSURANCE Condition Is amended , OR LOSS — OF SECTION IV — by adding the following: BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. © 2010, The Hartford (Includes copyrighted material Form HA 99 16 09 10 of ISO Properties, Inc., with Its permission.) Page 2 of 5 Ghirardelli A S S O C I A T E S June 18, 2012 Leslie Blomquist, P.E. Associate Civil Engineer City of San Rafael Department of Public Works 111 Morphew Street PO Box 151560 San Rafael, CA 94915 Exhibit 'A' Ref Proposal for Construction Management/Inspection Services for Median Landscape Improvements Project and Police Station HVAC Project Dear Leslie: Ghirardelli Associates, Inc. is pleased to submit our proposal to provide construction management/inspection services to the City of San Rafael for the Median Landscape Improvement Project and the Police Station HVAC Project. As requested at our meeting on June 12, 2012, attached is a resume and fee schedule for our proposed construction manager/inspector Justin Kable. I am also attaching resumes for backup construction manager/inspector for the project. Justin Kable is the Construction Manager/Construction Inspector who will provide the day- to-day construction inspection on this project. Justin will report to the City and provide the needed quality assurance of the contractor's activities. Justin will prepare daily diaries, assist with monthly pay estimates, assist with contract administration and office engineering, keep photo documentation, perform employee interviews, review certified payrolls and monitor labor compliance, and be the eyes and ears in the field for all construction activities. He will keep a close eye on public and worker safety, traffic control, and make sure that the work is completed in accordance with the approved plans and specifications. Justin will also provide all coordination with involved entities for the projects. He has excellent communication skills and knows that success on a construction project involves constant and effective communication, public relations and public information. Justin will make sure that the project is completed successfully. Aaron Pieczonka, will be a backup to Justin, in case there is a need. Aaron is a local San Rafael resident, with over 16 years of experience in construction management. His resume with detailed information on his experience is provided. Aaron's billing rate will be the same as Justin's. 1 will be the Project Manager who will provide oversight of technical and quality control issues on this project at no additional cost to the City. I have worked as the project manager on similar projects for many local agencies can bring the experience needed to support the City to complete this project successfully. I will provide any needed coordination and technical support to the City and will manage the consultant contract with the City. Ghirardelli Associates, Inc 1057 Market Street 1970 Broadway 2375 Zanker Road 400 Vernon Street Suite 1024 Suite 920 Suite 235 Suite A San Francisco, CA 94,103 Oakland. CA 94612 San Jose. CA 95131 Roseville. CA 95678 (475) 864-4180 (510) 451-4180 (408) 435-5503 (916) 781-0800 Fax (415) 864-4182 Fax (510) 451-4782 Fax (408) 435-5505 Fax (916) 781-0803 � Ghirardelli A S S O C I A 7 S S Based on the information provided and our meeting on June 12, 2012, we are providing two separate cost proposals. The total cost is based on 4 hours per day for 100 working days for the Median Landscape Improvements and 4 hours per day for 80 working days for the Police Station HVAC Improvements, working simultaneously. Ghirardelli Associates, Inc. is a Caltrans and DGS certified small, woman -owned business enterprise. If you have any questions or wish to discuss anything contained here, please do not hesitate to contact me at (510) 451-4180 or cell phone (415) 717-2450. Sincerely, I � Jaemin Park, P.E. Executive Vice President Attachments -City of San Rafael June 18, 2012 Construction Inspection Service Median Landscape Improvements and Police Station HVAC Project vl) Ghirardelli -�' A 5 5 0 C I A T E 5 1970 Broadway, Suite 920 Oakland, CA 94612 (510)4514190 fax (510) 451-0182 Cost Estimate Construction Man agement/Inspection Services for Police Station HVAC Improvements Project City of San Rafael Exhibit 'B' NameI Position I Hourly I OT Rate I DT Rate Hours OT Hours Cost Rate Justin Kable, P.E. Construction $123.43 $185.14 $246.86 320 0 $39,496.90 Manager/Inspector Total $ 39,496.90 NOTES - 1 . OTES:1. Hourly rates include vehic.e and cell phone. 2. Construction Inspector is subject to prevailing wage requirements. 3. OT rate goes into effect after 8 hours in a 24hour period, up to 12 hours. 4. DT rate goes into effect after 12 hours in a 24hour period 5. Any ours beyond 40hous in a week will be at OT rates for the first 8hours and then at DT rates for beyond in a 24hour period. 6. There are no extra premiums on weekend or evening rates. 7. Cost estimate includes all hours to support close-out of project. 8. Cost estimate based on 80 working days, 4 hours per day. 9. Cost estimate is a starting point and can be adjusted to meet the City's needs. PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Department 1 City Attorney 2 Contracting Department 3 Contracting Department 4 City Attorney 5 City Manager / Mayor / or Department Head 6 City Clerk Description Review, revise, and comment on draft agreement. Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). Review and approve form of agreement; bonds, and insurance certificates and endorsements. Agreement executed by Council authorized official. City Clerk attests signatures, retains original agreement and forwards copies to the contracting department. Completion Date To be completed by Contracting Department: V19 �r Pro ect Mana er: �v�,cc ,,• j ect Name: J g � J )cQ-cv��/ Pro Agendized for City Council Meeting of (if necessary): If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis. RESOLUTION NO. 13372 RESOLUTION ACCEPTING A PROPOSAL FROM GHIRARDELLI ASSOCIATES, INC. FOR PROFESSIONAL SERVICES TO PROVIDE PROJECT ADMINISTRATION AND INSPECTION SERVICES FOR THE POINT SAN PEDRO MEDIAN IMPROVEMENTS PROJECT, PROJECT NO. 11163 AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE AN AGREEMENT IN THE AMOUNT OF $57,000.00. WHEREAS, the City requires professional inspection for the Point San Pedro Median Improvements Project; and WHEREAS, the Construction Management firm of Ghirardelli Associates, Inc. was selected as the best qualified for inspection services; and WHEREAS, Ghirardelli Associates, Inc. has submitted a Proposal to provide such services in the amount of $49,371.12; and WHEREAS, staff has reviewed the proposal from Ghirardelli Associates, Inc. and found it to be within industry standards and acceptable. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael that the Ghirardelli Associates, Inc. proposal is accepted in an amount of $57,000 ($49,371.12 plus contingency); and BE IT FURTHER RESOLVED, that the Council does hereby authorize the Public Works Director to execute the Agreement for Professional Services in a form approved by the City Attorney's office. RESOLVED FURTHER that the Public Works Director of the City of San Rafael is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 2"d day of July, 2012, by the following vote, to wit: AYES: COUNCIL MEMBERS: Connolly, Levine, McCullough & Mayor Phillips NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Heller " 'ham, — L 1P1— ESTHER C. BEIRNE, City Clerk File No. 03.01.180 AGREEMENT FOR PROFESSIONAL SERVICES WITH GHIRARDELLI ASSOCIATES, INC. FOR POINT SAN PEDRO MEDIAN LANDSCAPING IMPROVEMENTS PROJECT NO. 11163 This Agreement is made and entered into this 2"d day of July, 2012 by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and GHIRARDELLI ASSOCIATES, INC. (hereinafter "CONSULTANT"). RECITALS WHEREAS, the CITY has determined that project administration and inspection services are required for construction inspection services for the Point San Pedro Median Landscaping Improvements Project, Project No. 11163 (hereinafter "PROJECT"); and WHEREAS, the CONSULTANT has offered to render certain specialized professional services in connection with this Project. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION A. CITY. The Public Works Director shall be the representative of the CITY for all purposes under this Agreement. The Public Works Director is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONSULTANT. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Mr. Jaemin Park is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the CONSULTANT shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONSULTANT CONSULTANT shall perform the duties and/or provide services outlined in the proposal from CONSULTANT dated June 18, 2012, marked Exhibit "A," attached hereto, and incorporated herein by this reference. The CONSULTANT agrees to be available and perform the work specified in this agreement in the time frame as specified and as shown in Exhibit "B," cost estimate. ZJ ORIGINAL 3. DUTIES OF THE CITY CITY shall perform the duties as described in Exhibit "A" attached hereto and incorporated herein. 4. COMPENSATION For the full performance of the services described herein by CONSULTANT, CITY shall pay CONSULTANT on a time and materials basis for services rendered in accordance with the rates shown on the current fee schedule as described in Exhibit "B" attached and incorporated herein in an amount not to exceed $57,000. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONSULTANT. 5. TERM OF AGREEMENT The term of this Agreement shall be from the date of execution until the Project is complete. 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 CONSULTANT and any and all of CONSULTANT's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. E. The CITY shall pay CONSULTANT the amount due for services rendered and expensed incurred through he date of termination. 7. OWNERSHIP OF DOCUMENTS The written documents and materials prepared by the CONSULTANT in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use Agreement • 2 said property for any purpose, including projects not contemplated by this Agreement. Any use of document by the City for projects outside the scope of this agreement shall be at the City's own risk. 8. INSPECTION AND AUDIT Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONSULTANT in connection with its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY or its agent in any such audit or inspection. 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, CONSULTANT, shall maintain, at no expense to CITY, the following insurance policies: 1. A comprehensive general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage; 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence; 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million ($1,000,000) dollars to cover any claims arising out of the CONSULTANT's performance of services under this Agreement. B. The insurance coverage required of the CONSULTANT by Section 10.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 contractual liability and personal injury; 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, and employees as additionally named insureds under the policies; Agreement • 3 4. CONSULTANT shall provide to PROJECT MANAGER, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents and employees, as additional insureds under the policies; 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice (except 10 days for non-payment of premium) to City's Project Manager; 6. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than three years; 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement; 8. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. C. If it employs any person, CONSULTANT shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONSULTANT and CITY against all liability for injuries to CONSULTANT's officers and employees. D. Any deductibles or self-insured retentions in CONSULTANT's insurance policies must be declared to and approved by the PROJECT MANAGER and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 11. INDEMNIFICATION CONSULTANT shall indemnify, release, defend and hold harmless CITY, its officers, and employees, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONSULTANT or CONSULTANT's officers, agents and employees in the performance of their duties and obligations under this Agreement. 12. NONDISCRIMINATION CONSULTANT shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. Agreement • 4 13. COMPLIANCE WITH ALL LAWS CONSULTANT shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONSULTANT shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONSULTANT shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinance, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES CITY and CONSULTANT do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 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: Nader Mansourian, Public Works Director City of San Rafael 111 Morphew Street San Rafael, CA 94915-1560 TO CONSULTANT: Mr. Jaemin Park (Project Director) Ghirardelli Associates, Inc. 1970 Broadway, Suite 920 Oakland, CA 94612 16. INDEPENDENT CONSULTANT For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, agents and employees shall act in the capacity of an Independent CONSULTANT, and not as employees of the CITY. CONSULTANT and CITY expressly intend and agree that the status of CONSULTANT, its officers, agents and employees be that of an Independent CONSULTANT and not that of an employee of CITY. Agreement • 5 17. ENTIRE AGREEMENT -- AMENDMENTS A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONSULTANT and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONSULTANT and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT under this Agreement, any monies which CONSULTANT owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. WAIVERS The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 20. COSTS AND ATTORNEY's FEES The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE/OTHER TAXES CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONSULTANT shall pay any and all state and federal taxes and any other applicable taxes. CONSULTANT's taxpayer identification number is Agreement • 6 94-3395064, and CONSULTANT certifies under penalty of perjury that said taxpayer identification number is correct. 22. APPLICABLE LAW The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL Nader Mansourian Public Works Director ATTEST: e:Ss IA50L Esther C. Beirne City Clerk File No.: 03.01.180 G .Aa zo," . CONSULTANT GHIRARDELLI ASSOCIATES, INC. B$2) --4 �Z Title: 2 uTWI= VICE ? ►'Q j APPROVED AS TO FORM: L- Q r ',a� Robert F. Epstein City Attorney Agreement • 7 Ghirardelli A S S O C I A T E S June 18, 2012 Leslie Blomquist, P.E. Associate Civil Engineer City of San Rafael Department of Public Works 111 Morphew Street PO Box 151560 San Rafael, CA 94915 Exhibit 'A' Ref. Proposal for Construction Management/Inspection Services for Median Landscape Improvements Project and Police Station HVAC Project Dear Leslie: Ghirardelli Associates, Inc. is pleased to submit our proposal to provide construction management/inspection services to the City of San Rafael for the Median Landscape Improvement Project and the Police Station HVAC Project. As requested at our meeting on June 12, 2012, attached is a resume and fee schedule for our proposed construction manager/inspector Justin Kable. I am also attaching resumes for backup construction manager/inspector for the project. Justin Ka61e is the Construction ManagerlConstruction Inspector who will provide the day- to-day construction inspection on this project. Justin will report to the City and provide the needed quality assurance of the contractor's activities. Justin will prepare daily diaries, assist with monthly pay estimates, assist with contract administration and office engineering, keep photo documentation, perform employee interviews, review certified payrolls and monitor labor compliance, and be the eyes and ears in the field for all construction activities. He will keep a close eye on public and worker safety, traffic control, and make sure that the work is completed in accordance with the approved plans and specifications. Justin will also provide all coordination with involved entities for the projects. He has excellent communication skills and knows that success on a construction project involves constant and effective communication, public relations and public information. Justin will make sure that the project is completed successfully. Aaron Pieczonka, will be a backup to Justin, in case there is a need. Aaron is a local San Rafael resident, with over 16 years of experience in construction management. His resume with detailed information on his experience is provided. Aaron's billing rate will be the same as Justin's. 1 will be the Project Manager who will provide oversight of technical and quality control issues on this project at no additional cost to the City. I have worked as the project manager on similar projects for many local agencies can bring the experience needed to support the City to complete this project successfully. I will provide any needed coordination and technical support to the City and will manage the consultant contract with the City. 1067 Market Street 1970 Broadway Suite 1024 Suite 920 San Francisco, CA 94103 Oakland, CA 94612 (415) 864-4180 (510) 451-4180 Fax (415) 864-4182 Fax (510) 451-4182 Ghirardelli Associates, Inc. 2375 Zanker Road 400 Vernon Street Suite 235 Suite A San Jose, CA 95131 Roseville, CA 95678 (408) 435-5503 (916) 781-0800 Fax (408) 435-5505 Fax (916) 781-0803 Ghirardelli A S S O C I A T E S Based on the information provided and our meeting on June 12, 2012, we are providing two separate cost proposals. The total cost is based on 4 hours per day for 100 working days for the Median Landscape Improvements and 4 hours per day for 80 working days for the Police Station HVAC Improvements, working simultaneously. Ghirardelli Associates, Inc. is a Caltrans and DGS certified small, woman -owned business enterprise. If you have any questions or wish to discuss anything contained here, please do not hesitate to contact me at (510) 451-4180 or cell phone (415) 717-2450. Sincerely, Jaemin Park, P.E. Executive Vice President Attachments pity of San Rafael June 18, 2012 Construction Inspection Service Median Landscape Improvements and Police Station HVAC Project Exhibit'B' Ghirardelli A S S O C I A T E S 1970 eraedway. Suite 920 Oakland, CA 94512 (510)451 _4180 fox(510)451-4182 Cost Estimate Construction Management/inspection Services for Median Landscape Improvements Project City of San Rafael Name Position I Hourly I OT Rate I DT Rate Hours OT Hours Cost Rate Justin Kable, P.E. Construction $123.43 $185.14 $246.86 400 0 $49,371.12 Manager/Inspector Total $ 49,371.12 NOTES: 1. Hourly rates include vehicle and cell phone. 2. Construction Inspector is subject to prevailing wage requirements. 3. OT rate goes into effect after 8 hours in a 24hour period, up to 12 hours. 4. DT rate goes into effect after 12 hours in a 24hour period. 5. Any ours beyond 40hous in a week will be at OT rates for the first 8hours and then at DT rates for beyond in a 24hour period. 6. There are no extra premiums on weekend or evening rates. 7. Cost estimate includes all hours to support close-out of project. B. Cost estimate based on 100 working days, 4 hours per day. 9. Cost estimate is a starting point and can be adjusted to meet the City's needs Ghirardelli A 5 5 C A T E S June 18, 2012 Leslie Blomquist, P.E. Associate Civil Engineer City of San Rafael Department of Public Works 111 Morphew Street PO Box 151560 San Rafael, CA 94915 Exhibit 'A' Ref- Proposal for Construction Management/Inspection Services for Median Landscape Improvements Project and Police Station HVAC Project Dear Leslie: Ghirardelli Associates, Inc. is pleased to submit our proposal to provide construction management/inspection services to the City of San Rafael for the Median Landscape Improvement Project and the Police Station HVAC Project. As requested at our meeting on June 12, 2012, attached is a resume and fee schedule for our proposed construction manager/inspector Justin Kable. I am also attaching resumes for backup construction manager/inspector for the project. Justin Kable is the Construction Manager/Construction Inspector who will provide the day- to-day construction inspection on this project. Justin will report to the City and provide the needed quality assurance of the contractor's activities. Justin will prepare daily diaries, assist with monthly pay estimates, assist with contract administration and office engineering, keep photo documentation, perform employee interviews, review certified payrolls and monitor labor compliance, and be the eyes and ears in the field for all construction activities. He will keep a close eye on public and worker safety, traffic control, and make sure that the work is completed in accordance with the approved plans and specifications. Justin will also provide all coordination with involved entities for the projects. He has excellent communication skills and knows that success on a construction project involves constant and effective communication, public relations and public information. Justin will make sure that the project is completed successfully. Aaron Pieczonka, will be a backup to Justin, in case there is a need. Aaron is a local San Rafael resident, with over 16 years of experience in construction management. His resume with detailed information on his experience is provided. Aaron's billing rate will be the same as Justin's. 1 will be the Project Manager who will provide oversight of technical and quality control issues on this project at no additional cost to the City. I have worked as the project manager on similar projects for many local agencies can bring the experience needed to support the City to complete this project successfully. I will provide any needed coordination and technical support to the City and will manage the consultant contract with the City. )OG7 Nalket Street 1970 Broadway Suite 1024 Suite 920 San F)ancisco, CA 94103 Oakland. CA 04612 (415) 864-4180 (510) 451-4180 Fax (•4 15) 864-41132 Fax (510) 451-4182 Ghirardelli Associates, Inc. 2375 Zenker Road 400 Vefnon Street Suite 235 Suite A San Jose. CA 95131 Roseville. CA 95678 (408) 435-5503 (916) 781-0800 Fax (408) 435-5505 Fax (916) 781-0803 Ghirardelli A 5 S O C I A T E S Based on the information provided and our meeting on June 12, 2012, we are providing two separate cost proposals. The total cost is based on 4 hours per day for 100 working days for the Median Landscape Improvements and 4 hours per day for 80 working days for the Police Station HVAC Improvements, working simultaneously. Ghirardelli Associates, Inc. is a Caltrans and DGS certified small, woman -owned business enterprise. If you have any questions or wish to discuss anything contained here, please do not hesitate to contact me at (510) 451-4180 or cell phone (415) 717-2450. Sincerely, Jaemin Park, P.E. Executive Vice President Attachments City of San Rafael June 18, 2012 Construction Inspection Service Median Landscape Improvements and Police Station HVAC Project tc,D, Gsh iorarde I I i 1970 Broadway, Suite 920 Oakland, CA 94612 (510( 4514180 fax (510) 4514182 Cost Estimate Construction Management/inspection Services for Median Landscape Improvements Project City of San Rafael Exhibit 'B' Name I Position HourlRate y OT Rate DT Rate Hours OT Hours Cost Justin Kable, P.E. Construction $123.43 $185.14 $246.86 400 0 $49,371.12 Manager/Inspector Total $ 49,371.12 NOTES: 1. Hourly rates include vehicle and cell phone. 2. Construction Inspector is subject to prevailing wage requirements. 3. OT rate goes into effect after 8 hours in a 24hour period, up to 12 hours. 4. DT rate goes into effect after 12 hours in a 24hour period. 5. Any ours beyond 40hous in a week will be at OT rates for the first 8hours and then at DT rates for beyond in a 24hour period. 6. There are no extra premiums on weekend or evening rates. 7. Cost estimate includes all hours to support close-out of project. B. Cost estimate based on 100 working days, 4 hours per day. 9. Cost estimate is a starting point and can be adjusted to meet the City's needs. Client#: 319144 GHIRARDE ACORD. CERTIFICATE OF LIABILITY INSURANCEDATE(MWDD/YYYY) 7/16/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Hub International HUB Int'I Insurance Serv. Inc. P.O. Box 4047 Concord, CA 94524-4047 INSURED Ghirardelli Associates, Inc. 2375 Zanker Road, Suite 235 San Jose, CA 95131 CONTACT NAME: PHONE925 609-6500 No, Ext): A/C MAIL ADDRESS: FAX 925 609-6550 (A/C. NO): INSURER(S) AFFORDING COVERAGE NAIC If INSURER A, Hanover Insurance Company 22292 INSURER B: Navigators Specialty Ins Co 36056 INSURER C: Travelers Prop Cas Co of Amer 25674 I INSURER D: Continental Casualty Company 20443 INSURER E: Hartford Fire Insurance Company 19682 INSURER F: $ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A GENERAL LIABILITY ZHF892721001 11/15/2011 11/15/201 EEAACu1Hq�OECTC�URRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES (EaEoccccurrence) $ 500,000 I CLAIMS -MADE F7X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: -I POLICY n jE O n LOC E AUTOMOBILE LIABILITY X ANY AUTO ALLOWNEDSCHEDULED _ AUTOS AUTOS X HIRED AUTOS X NON -OWNED _ AUTOS B UMBRELLA LIAB H OCCUR X EXCESS LIAB CLAIMS MADE DED I XI RETENTIONSO C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below D PROFESSIONAL LIAB MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ 57UECAE1074 11/15/2011 11/15/201? (EOaaocicleDSINGLELIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ (Per accident) I $ CH11 EXC717561IC 11/15/2011 11/15/201? EACH OCCURRENCE $10,000,000 IAGGREGATE $10,000,000 $ PJUB109D441012 D6/01/2012 06/01/20131 X IT/RYLIMTS I lop" E.L. EACH ACCIDENT $1,000,000 1 E.L. DISEASE- EA EMPLOYEE S1,000,000 IE.L.DISEASE- POLICY LIMIT S1,000,000 AEH288376164 06/01/2012 06/01/201 Per Claim: $5,000,000 Aggregate: $5,000,000 Ded: $35,000 DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more apace Is required) Re: Project #11163, Point San Pedro Median Landscaping Improvements Project (Ghirardelli Job #1220). City of San Rafael, its officers, agents and employees, as additional insured and Primary Wording applies to General Liability and Auto Liability per attached 421-0778 0909, 421-0452 0607 & HA9916 0910, all as required by written contract. Professional Liability Prior Acts: Full Retro. CERTIFICATE HOLDER CANCELLATION Cit of San Rafael SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Department of Public Works ACCORDANCE WITH THE POLICY PROVISIONS. 111 Morphew Street San Rafael, CA 94915 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1752534/M1708313 SK42 Policy Number: ZHF892721001 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. CALIFORNIA COMMERCIAL GENERAL LIABILITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGES 1. Additional Insured by Contract, Agreement or Permit Included 2. Additional Insured - Broad Form Vendors Included 3. Aggregate Limit per Location Included 4. Alienated Premises Included 5. Bodily Injury Redefined Included 6, Broad Form Property Damage - Borrowed Equipment; Customers Goods & Included Use of Elevators 7. Extended Property Damage Included S. Incidental Malpractice (Employed nurses; EMT's & paramedics) Included 9. Knowledge of Occurrence Included 10. Liberalization Clause Included 11. Medical Payments - Increased Limit $ 10,000 12. Mobile Equipment Redefined Included 13. Newly Acquired or Formed Organizations - Covered until end or policy period Included 14. Non -owned Watercraft 51 ft, 15. Personal Injury - Broad Form Included 16. Product Recall Expense - Each Occurrence Limit S 25,000 -Aggregate Limit $ 50,000 17. Property Damage Legal Liability (Fire, Lighting, Explosion, Smoke or Leakage Damage) $500,000 18. Supplementary Payments increased Limits Bail Bonds $ 2,500 - Loss of Earnings $ 300 19. Unintentional Failure to Disclose Hazards Included 20. Unintentional Failure to Notify Included This endorsement amends coverages provided under the Commercial General Liability Coverage Form through new coverages, higher limits and broader coverage grants, 1. Additional insured by Contract, Agreement or Permit Under Section II -Who Is An insured, Paragraph 4. Is added as follows: 4. a. Any person or organization with whom you agreed, because of a written contract, written agreement or permit to provide insurance, is an insured, but only with respect to: (1) "Your work" for the additional insured(s) at the location designated in the contract, agreement or permit; or 421.0778 09 09 (2) Premises you own, rent, lease or occupy. This Insurance applies on a primary basis if that is required by the written contract, written agreement or permit. b. This provision does not apply: (1) Unless the written contract or written agreement has been executed or permit has been Issued prior to the "bodily injury", "property damage", "personal Injury" or "advertising injury", Includes copyrighted material of ISO Insurance Services Office, Inc. with its permission, Page 1 of 6 (2) To any person or organization included as an insured by an endorsement issued by us and made part of this Coverage Part. (3) To any person or organization Included as an Insured under item 2 of this endorsement. (4) To any lessor of equipment: (a) After the equipment lease expires; or (b) If the "bodily Injury", "property dam- age", "personal Injury" or "advertising Injury* arises out of sole negligence of the lessor. (5) To any: (a) Owners or other interests from whom land has been leased which takes place after the lease for the land ex- pires; or (b) Managers or lessors of premises If: (1) The occurrence takes place after you cease to be a tenant in that premises; or (it) The "bodily injury", "property damage", "personal injury" or "advertising injury" arises out of structural alterations, new con- struction or demolition operations performed by or on behalf of the manager or lessor. 2. Additional Insured - Broad Form Vendors Under Section II - Who Is An Insured, Paragraph S. Is added as follows: 5. a. Any person or organization with whom you agreed, because of a written contract or written agreement to provide insurance, but only with respect to "bodily Injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: b. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay dam- ages by reasons of the assumption of li- ability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have In the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change In the product made intentionally by the vendor; (4) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under Instruction from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspection, ad- justments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the sale of the product; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises In connection with the safe of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any thing or substance by or for the vendor. c. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompany- ing or containing such products. 3. Aggregate Limit Per Location (1) Under Section III - Limits of Insurance the General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. (2) Under Section V - Definitions, definition 23. is added as follows: 23. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a rail- road. 4. Alienated Promises Under Section I - Coverage A, paragraph 2. Exclu- sions, j. (2) Is replaced in Its entirely with the following: (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises and occurred from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. 5, Bodily Injury Redefined Under Section V - Definitions, definition 3. "bodily injury" is replaced in its entirely with the following: Page 2 of 6 includes copyrighted material of ISO Insurance Services Office, Inc. with its permission. 421-0778 09 09 Policy Number: ZHF8927210001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Other Insurance — Primary and Non -Contributory (Additional Insured) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following Is added to Section IV — Commercial General Liability Conditions 4. Other Insurance a. Additional Insureds (a) That is Fre, Extended If you agree In a written contract, written Coverage, Builder's agreement or permit that the insurance Risk, Installation Risk or provided to any person or organization similar coverage for "your work"; included as an Additional Insured under Section II — Who is An Insured, is (b) That is Fire Insurance primary and non-contributory, the for premises rented to following applies: the Additional Insured or temporarily occupied by the Additional If other valid and collectible insurance is Insured with permission available to the Additional Insured for a of the owner; loss we cover under Coverages A or B of this Coverage Part, our obligations (c)That is insurance are limited as follows: purchased the Additional Insured to 1.Primary Insurance cover the Additional This insurance is primary to other Insured's liability as a insurance that is available to the tenant for "property Additional Insured which covers the damage" to premises Additional Insured as a Named rented to the Additional Insured. We will not seek Insured or temporarily contribution from any other occupied by the insurance available to the Additional Additional with Insured except: permission of the i. For the sole negligence of the owner; or Additional Insured; (d) If the loss arises out of ii. when the Additional Insured is the maintenance or use an Additional Insured under of aircraft, autos"or another primary liability policy; watercraft to the extent or not subject to Exclusion g, of Section 1 — iii. when 2. below applies. Coverage A — Bodily If this Insurance is primary, our Injury And Property obligations are not affected unless Damage Liability. any of the other insurance is also When this insurance is excess, we will have primary. Then, we will share with all no duty under Coverages A or B to defend the that other insurance by the method Insured against any "suit" if any other Insurer described in 3. below. has a duty to defend the insured against that 2. Excess Insurance "suit". If no other insurer defends, we will This insurance is excess over undertake to do so, but we will be entitled to the insured's rights against all those other (1) Any of the other Insurance, Insurers. whether primary, excess, contingent or on any other When this Insurance Is excess over other basis: insurance, we will pay only our share of the amount of the loss, If any, that exceeds the sum of: Page 1 of 2 421-0452 06 07 Includes copyrighted material of Insurance Services Offices, Inc., with Its permission (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, if any, with any other Insurance that is not described in this Excess Insurance provision and was not Nought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. 3. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until It has paid Its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of Its applicable limit of insurance to the total applicable limits of Insurance of all insurers. Page 2 of 2 421-0452 06 07 Includes copyrighted material of Insurance Services Offices, Inc., with Its permission POLICY NUMBER: 57UECAE1074 COMMERCIAL AUTOMOBILE HA 99 16 09 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown In the Declarations is amended to include: (1) Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not Include any subsidiary that is an "Insured" under any other automobile policy or would be an "Insured" under such a policy but for Its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership, joint venture or limited liability company (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury' or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.I. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: e. The lessor of a covered "auto" while the "auto" Is leased to you under a written agreement If: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased without a driver, Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. D. Additional Insured If Required by Contract (1) Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: f. When you have agreed, In a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily Injury' or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." © 2010, The Hartford (Includes copyrighted material Form HA 99 16 09 10 of ISO Properties, Inc., with its permission.) Page 1 of 5 The insurance afforded to any such E. Primary and Non -Contributory if additional insured applies only if the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in I.D. - Additional (1) During the policy period, and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply. written contract, and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this Insurance be (2) How Limits Apply primary. If other Insurance is also If you have agreed in a written contract primary, we will share with all that other or written agreement that another Insurance by the method described in person or organization be added as an Other Insurance 5.d. additional insured on your policy, the (4) Primary And Non -Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement; or additional insured's own insurance, this (b) The Limits of Insurance shown in insurance is primary and we will not seek contribution from that other the Declarations. insurance. Such amount shall be a part of and not Paragraphs (3) and (4) do not apply to other In addition to Limits of Insurance shown Insurance to which the additional insured in the Declarations and described in this has been added as an additional insured. Section. (3) Additional Insureds Other Insurance When this insurance is excess, we will have no duty to defend the insured against any suit if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the Insured's rights against all insured must submit such claim or "suit" those other insurers. to the other insurer for defense and indemnity. When this insurance is excess over other insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1) The total amount that all such other that this insurance is primary and non insurance would pay for the loss in the contributory with the additional insured's absence of this insurance; and own insurance. (4) Duties in The Event Of Accident, Claim, (2) The total of all deductible and self-insured Suit or Loss amounts under all that other insurance. If you have agreed in a written contract We will share the remaining loss, if any, by the or written agreement that another method described in Other Insurance 5.d. person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any "auto" hired or rented by your "employee" on additional Insured shall be required to your behalf and at your direction will be comply with the provisions in LOSS considered an "auto" you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition Is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. © 2010, The Hartford (Includes copyrighted material Form HA 99 16 09 10 of ISO Properties, Inc., with Its permission.) Page 2 of 5 PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services aLyreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Department 1 City Attorney 2 Contracting Department 3 Contracting Department 4 City Attorney 5 City Manager / Mayor / or Department Head 6 City Clerk Description Review, revise, and comment on draft agreement. Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). Review and approve form of agreement; bonds, and insurance certificates and endorsements. Agreement executed by Council authorized official. City Clerk attests signatures, retains original agreement and forwards copies to the contracting department. To be completed by Contracting Department: Completion Date J�// - ?// 2— Project Manager: //G�i�� Project Name: Agendized for City Council Meeting of (if necessary): vE' If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis. CITY OF SAN RAFAEL ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. 3i DATE OF MEETING: 7/2/12 FROM: Nader Mansourian DEPARTMENT: PUBLIC WORKS DATE: 6/21/2012 TITLE OF DOCUMENT: RESOLUTIONS ACCEPTING PROPOSALS FROM GHIRARDELLI ASSOCIATES, INC. FOR PROFESSIONAL SERVICES TO PROVIDE PROJECT ADMINISTRATION AND INSPECTION SERVICES FOR THE CITY HALL HEATING, VENTILATION & AIR CONDITIONING UPGRADES PROJECT, PROJECT NO. 11154 AND THE POINT SAN PEDRO MEDIAN IMPROVEMENTS PROJECT, PROJECT NO. 11163, AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE AGREEMENTS IN AMOUNTS OF $60,000 AND $57,000 RESPECTIVELY. Department Head (signature) *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY APPROVED AS TO FORM: AGENDA ITEM: City Manager (s nature) City Attorney (signature) NOT APPROVED REMARKS: File No.: 03.01.180; 06.01.191