No preview available
HomeMy WebLinkAboutPW Architectural, Engineering & Interior Design ServicesAGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SAN RAFAEL AND NOLL & TAM ARCHITECTS FOR ARCHITECTURAL, ENGINEERING AND INTERIOR DESIGN SERVICES This Agreement is made and entered into as of J an 175 2023 (the "Effective Date"), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation (hereinafter "CITY"), and NOLL & TAM ARCHITECTS, a California corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement." RFC'ITAIN A. CITY desires to secure professional services more fully described in this Agreement, at Exhibit A, entitled "SCOPE OF SERVICES'; and B. CONSULTANT represents that it, and its subcontractors, if any, have the professional qualifications, expertise, and necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of CITY; and C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for. NOW, THEREFORE, the parties hereby agree as follows: AGREEMENT SERVICES TO BE PROVIDED. Except as otherwise may be expressly specified in this Agreement, CONSULTANT shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise (collectively referred to as "Services") to satisfactorily complete the work required by CITY at its sole risk and expense. Services to be provided to CITY are more fully described in Exhibit A entitled "SCOPE OF SERVICES," except that services for Design, Construction Documents, Bidding, and Construction Administration Phases are not included in the Services covered by this Agreement, but may be added by subsequent written agreement of the parties. CONSULTANT acknowledges that the execution of this Agreement by CITY is predicated upon representations made by CONSULTANT in that certain proposal, dated December 21, 2022 ("Proposal") set forth in Exhibit A, which constitutes the basis for this Agreement. Rev. 08.22 COMPENSATION. In consideration for CONSULTANT's complete performance of Services, CITY shall pay CONSULTANT for all materials provided and services rendered by CONSULTANT at the unit rates and rates per hour for labor, as set forth in Exhibit A, for a total amount not to exceed $67,905. CONSULTANT will bill City on a monthly basis for Services provided by CONSULTANT during the preceding month, subject to verification by CITY. CITY will pay CONSULTANT within thirty (30) days of City's receipt of invoice. TERM OF AGREEMENT. Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the Effective Date of this Agreement and terminate one (1) year from the Effective Date. 4. PROJECT COORDINATION. A. CITY'S Project Manager. Joanna Kwok is hereby designated the PROJECT MANAGER for the CITY and said PROJECT MANAGER shall supervise all aspects ofthe progress and execution of this 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. Alyson Yarus 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. 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 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 08.22 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. 6. 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. 7. 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. 8. 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. 9. INSURANCE REQUIREMENTS. During the term of this Agreement, and for any time period set forth in Exhibit B, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in Exhibit B. 10. INDEMNIFICATION. A. Except as otherwise provided in subparagraph B of this section, CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONSULTANT'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 v 08.22 employees shall not relieve or reduce 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 provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. B. Where the services to be provided by CONSULTANT under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil Code sections 2782, 2782.6 and 2782.8, CONSULTANT shall indemnify and hold harmless the CITY and its officers, officials, and employees (collectively City Indemnitees) from and against damages, liabilities or costs (including incidental damages, Court costs, reasonable attorney's fees as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in connection therewith and costs of investigation) to the extent they are caused by the negligence, recklessness, or willful misconduct of CONSULTANT, or any subconsultants, or subcontractor or anyone directly or indirectly employed by them, or anyone for whom they are legally liable (collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct of such City Indemnitee. 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. 11. 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. 12. 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, ordinances, codes or regulations. 13. 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 08.22 4 Agreement, to the other party. 14. 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: Joanna Kwok/ Senior Civil Engineer 111 Morphew Street San Rafael, CA 94901 15. INDEPENDENT CONTRACTOR. To CONSULTANT's Project Director: Alyson Yarus 729 Heinz Avenue Berkeley, CA 94710 For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, agents and employees shall act in the capacity of an Independent Contractor, 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 Contractor and not that of an employee of CITY. 16. 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. v 08.22 17. 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. 18. 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 ofthis Agreement or any applicable law, ordinance or regulation. 19. 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. 20. 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, and 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 Form W-9 (Request for Taxpayer Identification Number and Certification). 21. SURVIVAL OF TERMS. Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled and shall apply to both Parties' respective successors and assigns. 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 23. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed by electronic signature and in any number of counterparts, 08.22 6 each of which shall be deemed an original, but all of which together shall constitute one document. Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission. [Signatures are on the followingpage.] IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL: JIM SCHUTZ, City Manager APPROVED AS TO FORM: Office of the City Attorney By: GENEVIEVE COYLE, Assistant City Attorney ATTEST: City Clerk roma Nwwl4w 6rrnna Num (fou Ilan 17, 202S PA PSTi LINDSAY LARA, City Clerk 08.22 8 CONSULTANT: ��ll��lG� Nall Cho ncophol q611 im! [t, mn 1133 DST By. Noll & Tam Architects Name: Christopher Noll Title: Principal [If CONSULTANT is a corporation, add signature of second corporate officer] 4%t� By. Noll & Tam Architects Name: Janet Tam Title: Principal EXHIBIT A SCOPE OF SERVICES The Services to be performed for CITY by CONSULTANT under this Agreement are more fully described in CONSULTANT's proposal, which is attached to this Exhibit A. Rev 08 22 A-1 December 21, 2022 Joanna Kwok Senior Civil Engineer Department of Public Works City of San Rafael Exhibit A Re: Downtown Public Library Modernization Project 1100 E Street, San Rafael, CA 94901 Dear Joanna, NOLL TA M ARCHITECTS Noll & Tam Architects is pleased to present our proposal for architectural professional services for this project. This proposal is based on your RFP dated 11/1/2022, and our telephone conversations and email exchanges on 12/16/2022 —12/20/2022. The San Rafael Public Library would like to provide improvements to the Downtown Main Library. With a budget of approx. $2.2 million dollars, the Library would like to explore preliminary options for a Scope of Work to include a variety of improvements along with their associated rough order of magnitude (ROM) costs, in order to determine the exact scope of work that will be developed and submitted for permit. Work requiring building permits may include lighting, improvements to building electrical and mechanical systems, site accessibility improvements, restroom upgrades, interior partitions, skylights, shelving replacement and more. (Work scope that may be included, but by itself wouldn't require permitting may include painting, finishes, signage, casework, AMH system, and furniture.) By understanding and prioritizing the architectural scope items with their associated costs, the Library will make a final determination of a preferred scope of work and budget for further development and submission for approvals. Project Description: Downtown Public Library Modernization Project Building Size: Approx.15,000 SF Estimated Client Construction Budget: $2.2M Estimated Conceptual Design Schedule: January 2023 -April 2023 for the Conceptual Planning Phase 1._ Scope of Work for Conceptual Planning, Scope Definition,, and ROM Cost Estimates: ■ Team consists of Architectural and Cost Estimating consultant. (Other engineering or design consultants can be added if needed during this phase as an additional service.) Noll & Tam Architects I December 21, 2022 1 San Rafael Downtown Library Modernization Page 1 of 3 ■ This scope includes project management and coordination throughout the Conceptual Planning phase. ■ One preliminary Site visit and onsite discussion with the library staff by the architectural team. • Preliminary description of separate improvement projects for consideration. • Refinement of the design and description of preferred project alternatives. • ROM cost estimates for selected projects. • Meetings: • 1 kick-off meeting and 3 design progress meetings with project committee and/or library staff (zoom) • 1 check-in meeting with City Building Official to review Code and Permit issues, (zoom) • 1 meeting with Library Board of Trustees (zoom) • Additional meetings, if desired, can be provided as additional services. • Presentation materials as necessary and appropriate with floor plans, photos, elevations, and site plan, to explain the proposed project components. • Project schedule and updates at appropriate intervals. Deliverables: • Conceptual sketches and other documentation as required for ROM costing of project components. • Conceptual cost estimate with cost breakdowns by area/work scope, in interactive "shopping list" format. • Meeting agendas and minutes for design and coordination meetings. 2. Scope of Work for Design, Construction Documents Bidding, and Construction Administration Phases • Following the selection of the Scope of Services prepared in the Scope Definition Phase, we will prepare a detailed Proposal for Professional Services including Architectural Design, Engineering, and Construction Administration to implement the selected scope. That scope still needs to be defined in detail. • This scope includes project management and coordination throughout the project. • For the purposes of this Proposal, we propose to provide professional services to implement a scope of work with a budget of $2.2 Million, which may include a portion of work requiring a building permit, but would most likely include interior finishes, furnishings, shelving replacement, casework, signage, etc. Deliverables: • Full construction documents for bidding and construction, bidding support, and construction administration. ■ Graphics support for environmental compliance and permitting (if required.) Noll & Tam Architects I December 21, 2022 1 San Rafael Downtown Library Modernization Page 2 of 3 Compensation: We propose to perform the work described above for: 1. Scope of Work for Conceptual Planning, Scope Definition, and ROM Cost Estimates: A Not -to -Exceed total of $67,905 is estimated for the scope detailed on the attached fee proposal. See attached breakdown. 2. Scope of Work for Design, Construction Documents. Bidding and Construction Administration Phases A Not -to -Exceed total of $262,000 (approx.12% of project construction budget) is estimated for scope described above. Detailed breakdown showing phases and amounts to engineering consultants to be provided when more precise project scope has been determined. Thank you for selecting us for this project! We look forward to working with you. Sincerely, Christopher Noll Principal Noll & Tam Architects I December 21, 2022 1 San Rafael Downtown Library Modernization Page 3 of 3 Noll & Tam Architects 729 Heinz Avenue Berkeley, CA 94710 Downtown Public Library Modernization Project San Rafael, CA December 21, 2022 Conceptual Planning, Scope Definition, and ROM Cost Estimates TOTALS Basic Service Consultant Architectural Services Noll & Tam $58,000 Cost Estimating tbd consultants $9,405 Subtotal Basic Services for Preliminary Design $67,405 Reimbursable Expense Allowance $500 Total Proposed Fee for Preliminary Design $67,905 San Rafael Downtown Library: NOLL & TAM FEE BREAKDOWN Hours/Rate 12/21/2022 Principal PM IA PA Phase/ Task $310 $230 $230 $190 Total $ TOTAL NOLL & TAM PROFESSIONAL FEE $58,000 1. Assemble Existing Info; create backgrounds Review (E) documentation 2 2 2 6 $2,680 Prepare as -built base plans in Revit 0 0 0 24 $4,560 2. Building visit and on-site staff discussion Site visit with staff 5 5 5 5 $4,800 3. Conceptual Design, Alternative and Cost Internal concept meetings 4 4 4 4 $3,840 Preparation of 2D Plans, Narratives, Elevations as Required 0 14 4 24 $8,700 Develop Preferred Options ( Permit and Non -Permit Scope) 4 12 4 12 $7,200 Coordinate Cost Estimates of Alternatives 2 6 4 8 $4,440 Meeting Presentations - Prep and Review 4 16 4 24 $10,400 4. Meetings Meeting 1: Kick -Off Meeting - zoom 2 2 2 0 $1,540 Meeting 2: with Project Committee - zoom 2 2 2 0 $1,540 City Building Official Check-in Mtgs - zoom 0 4 0 0 $920 Meeting 3: with Project Committee - zoom - Prioritize, Preferred 2 2 2 0 $1,540 Options and Cost Meeting with Library Board of Trustees - zoom 2 2 0 0 $1,080 Meeting 4: with Project Committee -Zoom - Selection of 2 2 2 0 $1,540 preferred scope - Cost Updates S. Project Management 0 14 0 0 $3,220 Subtotal 31 87 35 107 $581000 TOTAL NOLL & TAM PROFESSIONAL FEE S54,000. Total Hours Per Staff 31 87 35 107 M 2023 SCHEDULE OF BILLING RATES Noll & Tam Architects Professional Billina Rates: Principal $260-$310 Associate Principal $230-$250 Project Manager / Senior Technical Architect/PM $190-$210 Senior Technical Staff $165-$180 Designer $140-$160 Project Assistant $110-$130 Reimbursable Expenses Reproduction, travel outside the Bay Area, renderings, computer models, physical models, postage, messengers, and other usual expenses will be billed at 1.15 times actual cost. 01122022 EXHIBIT B INSURANCE REQUIREMENTS During the term of this Agreement, and for any time period set forth below, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in this Exhibit B. A. Scope of Coverage. During the term of this Agreement, CONSULTANT shall maintain, at no expense to CITY, the following insurance policies: 1. Commercial general liability. 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. Automobile liability. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence. 3. Professional liability. 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 dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONSULTANT's performance 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. Workers' compensation. If it employs any person, CONSULTANT shall maintain workers' 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 workers' compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONSULTANT in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance or workers' compensation insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) under the policies. 2. The additional insured coverage under CONSULTANT's insurance policies shall be "primary and noncontributory" 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 Rev. 08,22 B-1 ISO form CG20 0104 13. 3. Except for professional liability insurance or workers' compensation insurance, the insurance policies shall 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 CONSULTANT 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 effect 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 Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the Effective Date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the CONSULTANT under this Agreement. 9. CONSULTANT agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by CONSULTANT, provide the same minimum insurance coverage required of CONSULTANT, except as with respect to limits. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. CONSUTLANT agrees that upon request by CITY, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the performance of Services will be submitted to CITY for review. 10. CONSULTANT agrees to be responsible for ensuring that no contract used by any party involved in any way with the Services reserves the right to charge CITY or CONSULTANT for the cost of additional insurance coverage required by this Agreement. Any 08.22 B-2 such provisions are to be deleted with reference to CITY. It is not the intent of CITY to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against CITY for payment of premiums or other amounts with respect thereto. C. Deductibles and SIR'S. Any deductibles or self-insured retentions in CONSULTANT's insurance policies must be declared to and approved by the CITY 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 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 the CITY. 08.22 B-3 RAP �7 A 2 y H CfPk WITH Pet,` 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: Public Works Project Manager: Nataly Torres (for Joanna Kwok) Extension: 3353 Contractor Name: Noll & Tam Architects Contractor's Contact: Alyson Yarus Contact's Email: alyson.yarus@nollandtam.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to ❑ enter a date. b. Email contract (in Word) and attachments to City 1/3/2023 Attorney c/o Laraine.Gittens@cityofsanrafael.org ENT 2 City Attorney a. Review, revise, and comment on draft agreement 1/11/2023 and return to Project Manager 1/11/2023 ❑X _GC_ b. Confirm insurance requirements, create Job on L. Department Director PINS, send PINS insurance notice to contractor ® GC_ 3 Approval of final agreement form to send to 1/11/2023 ❑X AM contractor 4 Project Manager Forward three (3) originals of final agreement to 1/12/2023 contractor for their signature 5 Project Manager When necessary, contractor -signed agreement 0 N/A agendized for City Council approval *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to Date of City Council approval enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed agreement Review and approve insurance in PINS, and bonds 8 City Attorney (for Public Works Contracts) 9 City Manager/ Mayor Agreement executed by City Council authorized official 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager PSA - Noll & Tam - Downtown Library Modernization Design Services Final Audit Report 2023-01-18 Created: 2023-01-12 By: Nataly Torres (nataly.torres@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAOEbsvxUUkdudAKKjPLCchlorlyBHtxgmV "PSA - Noll & Tam - Downtown Library Modernization Design Se rvices" History Document created by Nataly Torres (nataly.torres@cityofsanrafael.org) 2023-01-12 - 7:24:19 PM GMT '. Document emailed to chris.noll@nollandtam.com for signature 2023-01-12 - 7:30:10 PM GMT ii Email viewed by chris.noll@nollandtam.com 2023-01-12 - 7:32:14 PM GMT do Signer chris.noll@nollandtam.com entered name at signing as Christopher Noll 2023-01-12 - 7:33:11 PM GMT d© Document e -signed by Christopher Noll (chris.noll@nollandtam.com) Signature Date: 2023-01-12 - 7:33:13 PM GMT - Time Source: server y Document emailed to Janet Tam Oanet.tam@nollandtam.com) for signature 2023-01-12 - 7:33:15 PM GMT Email viewed by Janet Tam Qanet.tam@nollandtam.com) 2023-01-12 - 9:11:08 PM GMT d© Document e -signed by Janet Tam Qanet.tam@nollandtam.com) Signature Date: 2023-01-13 - 1:46:52 AM GMT - Time Source: server Ery Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval 2023-01-13 -1:46:53 AM GMT Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2023-01-17 -11:43:58 PM GMT { SAN RAFAEL I P --d by Adobe iH[.IiY tVITi�Mi55iO4 Acrobat Sign 60 Document approved by Laraine Gittens(laraine.gittens@cityofsanrafael.org) Approval Date: 2023-01-17 -11:48:43 PM GMT -Time Source: server �'-► Document emailed to Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) for signature 2023-01-17 - 11:48:45 PM GMT Email viewed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) 2023-01-18 - 1:02:52 AM GMT b© Document e -signed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) Signature Date: 2023-01-18 - 1:03:01 AM GMT - Time Source: server El Document emailed to city.clerk@cityofsanrafael.org for approval 2023-01-18 - 1:03:03 AM GMT Email viewed by city.clerk@cityofsanrafael.org 2023-01-18 - 1:08:42 AM GMT 60 Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi 2023-01-18 - 1:08:58 AM GMT &0 Document approved by Brenna Nurmi (city.clerk@cityofsanrafael.org) Approval Date: 2023-01-18 -1:09:00 AM GMT - Time Source: server E-► Document emailed to jim.schutz@cityofsanrafael.org for signature 2023-01-18 - 1:09:02 AM GMT ,t Email viewed by jim.schutz@cityofsanrafael.org 2023-01-18 - 1:29:21 AM GMT 60 Signer jim.schutz@cityofsanrafael.org entered name at signing as Jim Schutz 2023-01-18 - 1:30:07 AM GMT &G Document e -signed by Jim Schutz(jim.schutz@cityofsanrafael.org) Signature Date: 2023-01-18 - 1:30:09 AM GMT - Time Source: server E'4 Document emailed to city.clerk@cityofsanrafael.org for signature 2023-01-18 - 1:30:10 AM GMT Email viewed by city.clerk@cityofsanrafael.org 2023-01-18 - 1:46:40 AM GMT 60 Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi (for) 2023-01-18 - 1:47:13 AM GMT 60 Document e -signed by Brenna Nurmi (for) (city.clerk@cityofsanrafael.org) Signature Date: 2023-01-18 - 1:47:15 AM GMT - Time Source: server SAN RAFAEL'—"Y 17- I Adobe Acrobat Sign 4J° Agreement completed. 2023-01-18 - 1:47:15 AM GMT by SAN RAFAEL I Adobe THE CITY WITH A MISSION Acrobat Sign