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HomeMy WebLinkAboutCD Interim Chief Building Official Services\ . AGREEMENT FOR PROFESSIONAL SERVICES WITH COASTLAND CIVIL ENGINEERING GROUP, INC. TO PROVIDE INTERIM CIDEF BUILDING OFFICIAL SERVICES This Agreement is made and entered into this lflday of February 2018, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and COASTLAND CIVIL ENGINEERING, INC. (hereinafter "CONSULTANT"). RECITALS WHEREAS, in February 2018, the Chief Building Official announced that he would be retiring on March 31, 2018. In response, the Human Resources Department has started a recruitment process to seek potential candidates for the Chief Building Official position; and WHEREAS, the Chief Building Official is a key, mid-management level position in the City of San Rafael Community Development Department. The Chief Building Official holds specialized skills and certifications necessary to manage the day-to-day functions and operations of the Building Division; and WHEREAS, since it will take up to six months to recruit, interview candidates and hire a qualified person for this position, the CITY has detennined that in the interim, it is necessary to retain a qualified professional to manage the operations and functions of the Building Division; and WHEREAS, the CONSULTANT is a well-established, Bay Area-based engineering finn that provides contractual services to local jurisdictions on building inspection, plan checking, and building department management. Consequently, the CITY desires to employ the CONSULTANT to provide Chief Building Official services on an interim basis. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY'S Project Manager. The Community Development Director is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects ofthe progress and execution ofthis Agreement. B. CONSULTANT'S Project Director. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Salvatore Lucido 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, under the direction of the PROJECT MANAGER shall perform the duties as the Interim Chief Building Official which shall include but not be limited to: a) management and oversight of the CITY's Building Division; b) overseeing and reviewing of the plan check review process; b) overseeing the CITY's Building Inspectors and the building inspection process; c) overseeing the CITY's Building Technicians and the public counter operations; d) providing building code interpretations on behalf of the CITY, when deemed necessary; and e) provides the Building Division staff support in decision-making and provides direction to technical staff. 3. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as follows: a) the PROJECT MANAGER shall manage CONSULTANT; and b) the PROJECT MANAGER shall perform some of the required administrative duties of the Chief Building Official such as the management of the Division budget, management of employee time sheets, and overseeing vendor invoice review and authorization for payment. 4. COMPENSATION. For the full performance of the services described herein by CONSULTANT, CITY shall pay CONSULTANT as follows: A. A billing rate of$160.00 per hour, which is within the Building Official rate range set forth in the "Schedule of Hourly Rates," as presented in attached EXHIBIT A. B. Total compensation authorized under this Agreement shall not exceed $20,000. C. Payment to the CONSULTANT shall be made on a monthly basis following a receipt of an itemized invoice submitted by CONSULTANT. 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 for six-months commencing on March 1,2018 and ending on September 1. 2018. Upon mutual agreement ofthe parties, and subject to the approval of the City Manager the term of this Agreement may be extended for an additional period of six months. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days 2 written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination . Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to 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. 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 said property for any purpose, including projects not contemplated by this Agreement. 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. Scope of Coverage. During the term of this Agreement, CONSULT ANT shall maintain, at no expense to CITY, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non-owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. If any licensed professional performs any of the services required to be 3 perfonned under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONSULTANT's perfonnance of services under this Agreement. Where CONSULTANT is a professional not required to have a professional license, CITY reserves the right to require CONSULTANT to provide professional liability insurance pursuant to this section. 4. If it employs any person, CONSULTANT shall maintain worker's compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. CONSULTANT's worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONSULT ANT in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance or worker's compensation insurance, the insurance policies shaII be specificaIIy endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds (for both ongoing and completed operations) under the policies. 2. The additional insured coverage under CONSULTANT'S insurance policies shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CONSULTANT'S policies shall be at least as broad as ISO fonn CG20 010413. 3. Except for professional liability insurance or worker's compensation insurance, the insurance policies shaH include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Agreement, CONSULTANT hereby grants to CITY a waiver of any right to subrogation which any insurer of CONSULT ANT may acquire against CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. 5. If the insurance is written on a Claims Made Fonn, then, foHowingtennination of this Agreement, said insurance coverage shaH survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shaH 4 contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. C. Deductibles and SIR's. Any deductibles or self-insured retentions in CONSULTANT's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONSULTANT shall provide to the PROJECT MANAGER or CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONSULTANT. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. 11. INDEMNIFICATION. A. Except as otherwise provided in Paragraph B., CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of but only to the extent caused by, pertain to, or related to the negligence, recklessness, or willful misconduct of CONSULT ANT'S performance of its obligations or conduct of its operations under this Agreement. The CONSULTANT's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONSULTANT's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONSULTANT's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce 5 the CONSULTANT's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT'S performance of or operations under this Agreement, CONSULTANT shall reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims in proportion to a final determination of the percentage of liability based on the comparative fault of CONSUL T ANT. B. Where the services to be provided by CONSULTANT under this Agreement are design professional services to be performed by a design professional as that term is defined under the most recent version otCivil Code Section 2782.8, CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, and hold harmless the City Indemnitees from and against any CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT in the performance of its duties and obligations under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such CLAIM which is caused by the sole negligence or willful misconduct of CITY. In no event shall the cost to defend charged to the design professional exceed the design professional's proportionate percentage of fault. C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 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. 13. COMPLIANCE WITH ALL LAWS. CONSULTANT shall endeavor to 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 endeavor to 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, ordinances, 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 . 6 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY's Project Manager: TO CONSULTANT's Project Director: 16. INDEPENDENT CONSULTANT. Paul Jensen, Director Community Development Department City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 Salvatore Lucido Coastland Civil Engineering, Inc. 1400 Neotomas Avenue Santa Rosa, CA 95405 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. 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 ofthe 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, 7 the tenns 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 tenn, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other tenn, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other tenn, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, perfonnance, 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 tenn, condition, covenant ofthis Agreement or any applicable law, ordinance or regulation. 20. COST OF CITY ATTORNEY'S FEES The prevailing party in any action brought to enforce the tenns and conditions of this Agreement, or arising out of the perfonnance 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. CITY shall not be required to pay for any work performed under this Agreement, until CONSULTANT has provided CITY with a completed Internal Revenue Service Fonn W -9 (Request for Taxpayer Identification Number and Certification). 21. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 8 · .. IN WITNESS WHEREOF, the parties have executed this Agreement as ofthe day, month and year first above written. CITY OF SAN RAFAEL CONSULTANT By: ~d~ • Title: C r-c) --~----------------- ~~~~ JOGep~ W. Mgc.1.~ I ATIEST: LINDSAY LARA, Interim City Clerk \/. p. EXHmIT A: Coastland Civil Engineering "Schedule of Hourly Rates," July 1, 2017-July 1,2018 9 SCHEDULE OF HOURLY RATES July 01, 2017 through June 30, 2018 BUILDING DEPARTMENT SERVICES Supervising Engineer Building Plan Check Engineer/Architect Building Official and/or CASp Supervising Building Inspector Senior Building Inspector Building Inspector (I & 1'1) Senior Plans Examiner Plans Examiner (I & II) Senior Permit Technician Permit Technician (I & II) ADMINISTRATIVE VEHICLE MILEAGE OUTSIDE SERVICES MATERIALS NOTES: • Rates are subject to change after the end of each Fiscal Year. $160-$190/hour $140-$165/hou r $140-$170/hour $145-$160/hour $125-$140/hour $95-$120/hour $120-$135/hour $100-$115/hour $95-$1 05/hou r $80-$90/hour $80-90/hour $15-20/hour $O.68/mile Cost + 15% Cost + 15% • Consultation in connection with litigation and court appearances will be quoted separately. • Additional billing classifications may be added to the above listing during the year as new positions are created. • When applicable, mileage or vehicle rates will be charged (bot not both). Rev. 8/17/2017 Santa Rosa 1400 Neotomas Avenue Santa Rosa, CA 95405 Auburn 11865 Edgewood Road Auburn, CA 95603 www.coastlandcivil.com Client#· 1635 COASTCIVI ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDNYVY) 2108/2018 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 pollcy(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 ~R~~~CT Doris A. Chambers Dealey, Renton & Associates r~gNtl'o Ext): 510 465-3090 JJ8}~,NO): 510452-2193 P. O. Box 12675 ~Drr~~ss: dchambers@dealeyrenton.com Oakland, CA 94604-2675 INSURER(S) AFFORDING COVERAGE NAIC# 510465-3090 -David~. Eckman INSURER A: Sentinellnsurance·Co. LTD 11000 INSURED INSURER B : Hartford Ins. Co of Midwest 37478 Coastland Civil Engineering, Inc. INSURER C : XL Specialty Insurance Co. 37885 1400 Neotomas Avenue INSURER D : Trumbull Insurance Company 27120 Santa Rosa, CA 95405 INSURERE: INSURERF: 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR I&SM5~ &SM5~ LIMITS LTR INSR WVD POLICY NUMBER A ~ COMMERCIAL GENERAL LIABILITY X X 57SBWBG948,9 09/0112017 09/01/20H EACH OCCURRENCE 51 000000 =:J CLAIMS ·MADE [!] OCCUR ~~~~~H9ta~~J~~ncel s1 000000 I-- s10000 MED EXP (Anyone person) I-- 51 000,000 PERSONAL & ADV INJURY - GEN 'L AGGREGATE LIMI T APPLIES PER: GENERAL AGGREGATE 52,000,000 =j [!] PRO· DLOC PRODUCTS· COMP/OP AGG 52,000,000 POLICY JECT OTHER : $ D AUTOMOBILE LIABILITY X X 57UEGZC7163 09/01/2017 09/01/2018 I fE~~~~~~tlSINGLE LIMIT 51,000,000 - .-! ANY AUTO BODILY INJURY (Per person) S ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accldenl) S -K NON-OWNED rp~~~;:d'Z,I~AMAGE .-! HIRED AUTOS AUTOS $ $ A ...x UMBRELLA LIAB f1 OCCUR X X 57SBWBG9489 09/01/2017 09/01/201a EACH OCCURRENCE $4000000 EXCESS LIAB CLAIMS·MADE AGGREGATE 54000000 DED I I RETENTION $ $ B WORKERS COMPENSATION X 57WEGGG8117 P9/01/2017 09/01/2018 X l~ffTUTE I I~~H. AND EMPLOYERS' LIABILITY Y / N 51000000 ANY PROPRIETORIPARTNER1EXECUTIVE[1!] E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? N N/A (Mandatory In NH) E.L. DISEASE· EA EMPLOYEE 51000000 If yes, descli~e under DESCRIPTION OF OPERATIONS below E.L. DISEASE· POLICY LIMIT $1,000,000 C Professional DPR9917029 p9/01/2017 09/01/2018 $1,000,000 per Claim Liability $2,000,000 Annl Aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be aUached If more space Is required) GENERAL LIABILITY POLICY EXCLUDES CLAIMS ARISING OUT OF THE PERFORMANCE OF PROFESSIONAL SERVICES. REF: ALL OPERATIONS OF THE NAMED INSURED. GENERAL L1ABILITYIAUTOMOBILE LIABILITY ADDITIONAL INSURED: City of San Rafael, its officers, agents, employees, and volunteers. Commercial General Liability is primary and (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of San Rafael SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1400 Fifth Avenue ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 151560 San Rafael, CA 94915-1560 AUTHORIZED REPRESENTATIVE I A'g,.. -t C'.-~ ~ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 2 The ACORD name and logo are registered marks of ACORD #S2238573/M21 05778 DAC DESCRIPTIONS (Continued from Page 1) non contributory and includes severability of interests per policy form. Waiver of Subrogation applies to Commercial General Liability, Automobile Liability and Workers Compensation. Cancellation provisions are solely as shown on this certificate. Cancellation: 30 Day/10 Day for Non-Payment of Premium. SAGITTA 25.3 (2014/01) 2 of 2 #S2238573/M21 05778 Insured: Coaslland Civil Engineering, Inc. Insurer: Senlinellnsurance Co. LTD Policy Number: 57SBWBG94B9 Policy Effective Date: 09/01/2017 Additional Insured: NAME OF PERSON OR ORGANIZATION: City of San Rafael, its officers, agents, employees, and volunteers. EXCERPTS FROM: Hartford Form SS 00 OS 04 05 BUSINESS LIABILITY COVERAGE FORM C. WHO IS AN INSURED 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. f. Any Other Party (1) Any other person or organization who is not an insured under Paragraphs a. through e. above, . but only with respect to liability for "bodily injury, "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products-completed operations hazard, but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury, "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: inspection, or engineering E.5. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. E.7.b.(7).(b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. E.S.b. Waiver Of Rights Of Recovery ' (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. · . EXCERPTS FROM CA 00001 (1001) HARTFORD BUSINESS AUTO COVERAGE Insured: Coastiand Civil Engineering, Inc. Policy Number:57UEGZC7163 Policy Effective Dates: 09/01/2017 Additional Insured: NAME OF PERSON OR ORGANIZATION: City of San Rafael, its officers, agents, employees, and volunteers. Additional Insured: SECTION II -LIABILITY COVERAGE 1. WHO IS AN INSURED: The following are "insureds" c. Anyone liable for the conduct of an "insured" ... but only to the extent of that liability. Primary Insurance: SECTION IV -BUSINESS AUTO CONDITIONS B. General Conditions -5. Other Insurance a. For any covered "auto" you own, this Coverage Form provides primary insurance. For any covered "auto" you don't own, the insurance provide by this Coverage Form is excess over any other collectible insurance. c. Regardless of the provisions of paragraph a. above, this Coverage Form's Liability Coverage is primary for any liability assumed under an "insured contract". Cross Liability Clause: SECTION V -DEFINITIONS G. "Insured" means any person or organization qualifying as an insured in the Who is An Insured provision of the applicable coverage. Except with respect to the Limit of Insurance, the coverage afforded applies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. EXCERPTS FROM HA9916 (0302) HARTFORD COMMERCIAL AUTOMOBILE BROAD FO 'RM ENDORSEMENT 15. WAIVER OF SUBROGATION -We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. Insured: Coastiand Civil Engineering, Inc. Policy Number: 57WEGGGB117 Effective Date: 09/01/2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the exten~ that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be otherwise due on such remuneration. % of the California workers' compensation premium Person or Organization City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 Form WC 04 03 06 Process Date: SCHEDULE Job Description Waiver of Subrogation in favor of: City of San Rafael, its officers, agents, employees, and volunteers. Countersigned by ~ • 7 Authorized Representative (1) Printed in U.S.A. Policy Expiration Date: SAN RAFAEL THE CITY WITH A MISSION Community Development Department DATE: February 15, 2018 INTER-DEPARTMENTAL MEMORANDUM TO : Jim Schutz, City Manager & Lisa Goldfien, Assistant City Attorney FROM: Paul Jensen, Community Development Director (-I f/.J..I..t f1. 'W ( {4I!A/L' SUBJECT: Professional Services Agreement for Interim Building Official Services Attached, please find a Professional Services Agreement with Coastland Civil Engineering Group, Inc. to provide Interim Building Official Services. Thomas Ahrens, Chief Building Official will be retiring on March 27,2018, so I would like to have someone on-board to provide interim services before this date. Coastland will be aSSigning this interim service to DeWayne Starnes, who is a retired Sonoma County Building Official. A copy of DeWayne's resume is attached. We met with DeWayne and find him to be extremely experienced, solution-oriented, and pleasant. We are actively pursuing the recruitment for a new Chief Building Official. The recruiter has completed a job announcement and it has been published and posted with numerous publications and media platforms. I have also provided HR with a short-list of potential candidates that we would like the recruiter to contact. It is the goal to complete the initial application process and review by the end of March with interviews scheduled for early April. am being optimistic that we will be able to find a good-fit candidate within the next several months. For this reason, I have structured the Professional Services Agreement to cap at $20,000 and term out at the end of the year. Attachments Vernon DeWayne Starnes Senior Building Inspector/Plans Examiner EDUCATION B.S., Civil Engineering, California Polytechnic State University, San Luis Obispo General Engineering, DeAnza Junior College, Cupertino, CA REGISTRATION I CERTIFICATION Civil Engineer, CA (RCE #38800) ICC, Chief Building Official (#3911) . PROFESSIONAL HISTORY Senior Building Inspector/Plans Examiner Coastland Civil Engineering 2016-present Building Inspector TRB & Associates 2016 Chief Building Official West Coast Code Consultants 2015 Deputy Director of Engineering & Construction County of Sonoma 1999-2014 Construction Superintendent Public Works Department City of Bakersfield 1998-1999 Civil Engineer III Public Works Department City of Bakersfield 1988-1998 Civil Engineer II Kern County Public Works Department 1987-1988 I<.¢J Mr. Vernon (DeWayne) Starnes has over 36 years of experience in civil engineering projects and programs for public agencies and his leadership skills have served him well as Deputy Director of Engineering and Interim Director of Sonoma County Permit Resources Management Department (PRMD). REPRESENTATIVE EXPERIENCE: Building Department Services .. City of Cloverdale Prior to Coast/and: " City of Santa Rosa .. Contract Building Inspector for City of Mill Valley (2016) II Contract Chief Building Official for 'City of South San Francisco (2015) " Interim Director Sonoma County PRMD (2013) II Chief Building Official Sonoma County-Deputy County Engineer for Transportation & Public Works Vernon DeWayne Starnes Senior Building Inspec tor/Plans Examiner EDUCATION B.S., Civil Engineering, California Polytechnic State University, San Luis Obispo General Engineering, DeAnza Junior College, Cupertino, CA REGISTRATION I CERTIFICATION Civil Engineer, CA (RCE #38800) ICC, Chief Building Official (#3911) PROFESSIONAL HISTORY Senior Building Inspector/Plans Examiner Coastland Civil Engineering 2016-present Building Inspector TRB & Associates 2016 Chief Building Official West Coast Code Consultants 2015 Deputy Director of Engineering & Construction County of Sonoma 1999-2014 Construction Superintendent Public Works Department City of Bakersfield 1998-1999 Civil Engineer III Public Works Department City of Bakersfield 1988-1998 Civil Engineer II Kern County Public Works Department 1987-1988 I<.¢J Mr. Vernon (DeWayne) Starnes has over 36 years of experience in civil engineering projects and programs for public agencies and his leadership skills have served him well as Deputy Director of Engineering and Interim Director of Sonoma County Permit Resources Management Department (PRMD). REPRESENTATIVE EXPERIENCE: Building Department Services II City of Cloverdale Prior to Coast/and: .. City of Santa Rosa a Contract Building Inspector for City of Mill Valley (2016) ,. Contract Chief Building Official for City of South San Francisco (2015) " Interim Director Sonoma County PRMD (2013) .. Chief Building Official Sonoma County-Deputy County Engineer for Transportation & Public Works CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Community Development Project Manager: Paul Jensen Extension: 5064 Contractor Name: Coastland Civil Engineering, Inc. Contractor's Contact: Sal Lucido Contact's Email: lucido@coastlandcivil.com 181 FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION DEPARTMENT 1 Project Manager a. Email PINS Introductory Notice to Contractor b. Email contract (in Word) & attachments to City Atty c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement and return to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Project Manager Forward three (3) originals of final agreement to contractor for their signature 4 Project Manager When necessary, * contractor-signed agreement agendized for Council approval *PSA > $20,000; or Purchase> $35,000; or Public Works Contract> $125,000 Date of Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COpy 5 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed agreement 7 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) 8 City Manager / Mayor Agreement executed by Council authorized official 9 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager COMPLETED DATE 2/15/2018 2/12/2018 2/15/2018 2/15/2018 2/15/2018 0 N/A Or Click here to enter a date. d-. [)f If l,.0( (g J-L-/ ~ REVIEWER Check/Initial 0 0 IZI PJ IZI PJ ~ 0 tM lJA IMH ~ '-.J