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HomeMy WebLinkAboutPW MERA Tower Retrofit ProjectAGREEMENT FOR PROFESSIONAL SERVICES WITH KIMLEY-MORN AND ASSOCIATES, INC. FOR THE MARIN EMERGENCY RADIO AUTHORITY (MERA) TOWER RETROFIT PROJECT This Agreement is made and entered into this -2,11,Y day of OC-7c.?1509 , 2015, by and between the City of San Rafael (hereinafter "CITY"), and Kimley-Horn and Associates, Inc. (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the CITY has determined that professional consulting services are required for design to structurally retrofit the MERA tower on Dollar Hill; and WHEREAS, the CONTRACTOR has offered to render such professional services in connection with this project. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: PROJECT COORDINATION. A. CITY'S Project Manager. 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. CONTRACTOR'S Project Director. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Randy Durrenberger is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONTRACTOR. CONTRACTOR agrees to perform the services outlined in the proposal from CONTRACTOR dated September 24, 2015 marked Exhibit "A" attached hereto, and incorporated herein by this reference. 3. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4, and perform the duties, if any, as described in Exhibit "A" attached hereto and incorporated herein. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR on a time and materials basis for services rendered in accordance with the fee schedule as described in Exhibit "A". The total payment made under this Agreement shall not exceed $19,950 except by written amendment of thus agreement by the parties. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized Rev. Date: 1/30/14 invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT. The term of this Agreement shall be for one year fiom the date of execution. 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 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 CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 8. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fiilly 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 tern of this Agreement, CONTRACTOR 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 Rev. date: 1/30/14 performed under this Agreement, a professional liability insurance policy in the minimum amount of two million dollars ($2,000,000) per occurrence/four million dollars ($4,000,000) aggregate, to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. Where CONTRACTOR is a professional not required to have a professional license, CITY reserves the right to require CONTRACTOR to provide professional liability insurance pursuant to this section. 4. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. CONTRACTOR'S worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONTRACTOR in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 2. The additional insured coverage under CONTRACTOR'S insurance policies shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CONTRACTOR'S policies shall be at least as broad as ISO form CG20 0104 13. 3. Except for professional liability insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. The insurance policies shall be specifically endorsed to provide that the insurance carrier shall not cancel, tenninate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to the PROJECT MANAGER. 5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in tlus Agreement may be satisfied by a combination of primary and runbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. C. Deductibles and SIR'S. Any deductibles or self-insured retentions in Rev. date: 1/30/14 3 CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONTRACTOR 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 CONTRACTOR. 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., CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONTRACTOR'S performance of its obligations or conduct of its operations under this Agreement. The CONTRACTOR's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONTRACTOR's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR'S performance of or operations under this Agreement, CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. B. Where the services to be provided by CONTRACTOR under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend and hold harmless the City Indemnitees from and against any CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such CLAIM which is caused by the sole negligence or willful misconduct of CITY. Rev. date: 1/30/14 4 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. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perforin all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of tlus Agreement, to the other party. 15. NOTICES. All notices and other cornmunications required or permitted to be given under flus 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 CONTRACTOR's Project Director Dean Allison, Public Works Director City of San Rafael 111 Morphew Street P.O. Box 151560 San Rafael, CA 94915-1560 Randy Durrenberger Kimley-Horn and Associates, Inc. 1300 Clay Street, Suite 325 Oakland, CA 94612 16. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, Rev. date: F30"14 5 agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 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 CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 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 tern, 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. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a Rev. date: 1/30/14 6 completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 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 JIM S ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN, City Attorne,' Rev. date: 1/30/14 ? CONTRACTOR ,y B,.,. a,.,. ,......... .. Name: Randy Durrenberger Title: Vice President EXHIBIT'N U Ira rumlepMorn Sept 24, 2015 (via email) Ms. Leslie Blomquist Acting Assistant Public Works Director City of San Rafael — Department of Public Works 111 Morphew Street San Rafael, CA 94915-1560 RE: Proposal for MERA Dollar Hill Tower Structural Retrofit Design Please find attached our proposed scope, schedule, and fee to provide MERA Dollar Hill Tower Structural Retrofit Design Services to the City of San Rafael. If you have any questions, please do not hesitate to contact me at (510) 350-0215 or at elbert.chanoO.kimlev-horn.com. We look forward to working with you and the City. Sincerely, KIMLEY-HORN Elbert Chang, P.E. , T.E. Project Manager Randy Durrenberger, P. Vice President gj I pp saaklnd«y"CA & DIXam9ey)))Horn PROJECT UNDERSTANDING Page 2 Kimley-Horn's April 30, 2015 structural evaluation concluded that tower leg sections from elevation 0' to 40' above grade level (AGL) must be structurally reinforced to provide the tower with adequate strength for the addition of proposed antenna equipment. Conceptual design for the recommended tower leg retrofit was provided in our April 30th report. The existing telecommunications equipment on the tower will have to be removed prior to the installation of the tower leg reinforcement and reinstalled upon completion. Only the equipment within the construction zone and mounted to the tower legs from elevation 0' to 40' AGL will be affected. City of San Rafael (City) has requested structural design services to prepare plans, specifications and engineer's estimate (PS&E) for the recommended retrofit of MERA's Dollar Hill Communication Tower in San Rafael, CA. Based on our project understanding and City's needs, we are proposing the following scope of services and fee budgets. SCOPE OF SERVICES TASK 1 — PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES Kimley-Horn will prepare and assemble construction bidding documents for the structural retrofit work, including specifications and engineer's estimates for the work to correct the deficiencies listed in the structural analysis report dated April 30, 2015. It is understood that the city will prepare project specific Division 0 and Division 1 specifications for inclusion in the project bid documents. Retrofit design will meet applicable requirements of the 2013 California Building Code, TIA 222-G anc ASCE 7-10. We will submit an electronic signed and sealed pdf and up to three (3) signed and sealed construction plans, technical specifications and calculations for City Approval. It is assumed that City will coordinate with MERA for plan review and incorporate MERA comments into City's comments. We will respond up to one (1) round of non -conflicting plan check comments from the City. TASK 2: BID SUPPORT SERVICES (OPTIONAL) Kimley-Horn will assist the City with solicitation of bid from qualified contractors to perform the work. We will participate in up to one (1) pre-bid meeting with potential bidders. Up to 19 hours have been budgeted to assist the City with: ❑ Answering bidder questions and prepare and issue addenda as warranted; ❑ Tabulating bids received and evaluating compliance of the bids received with the bidding documents; ❑ Preparing a written summary of this tabulation, evaluation and recommendation for award. 9CAm6ey0orn Page 3 TASK 3: CONSTRUCTION CONTRACT ADMINISTRATION SUPPORT SERVICES (OPTIONAL) (Construction phase duration of 10 weeks has been assumed). As part of Construction Phase, Kimley-Horn will provide the following support services to the City (up to 29 hours): ❑ Participate, via teleconference, with the City and the selected Contractor to confirm testing, inspection and submittal requirements; ❑ Review shop drawings and submittals; ❑ Prepare RFI's as necessary to clarify interpretation of construction documents; ❑ Perform up to two (2) site visits, four hours each, to observe the progress of the Work. We will provide a progress email memo listing the progress of the Work after each site visit. SCHEDULE (NTP assumed 9/25/15) Task Task 1: DRAFT PS&E Submittal n Task 1: FINAL PS&E Task 2: Bid Support Services (Optional) Task 3: Construction Support Services (Optional) Deadline October 22, 2015 Within two (2) weeks after receipt of u comments TBD PROFS ION. L FEES AND EXPENSE BUDGET KHA will provide the services outlined in the scope of services per current hourly rates on a time - and -materials basis with a contract ceiling of $19,950, which includes post -design optional services of $8,000.) This fee includes labor cost, direct expenses and indirect office expenses. We propose a budget of $500 for direct expenses that may be incurred in performing these services. Our associated labor fees by task for the aforementioned scope of services are as follows: u Task Labor Fee Task 1: PS&E ............................................ $11,450 .. ............................. Task 2: Bid Support Services (Optional) $3,100 Task 3: Construction Support Services (Optional) $4,900 Expenses $500 TOTAL NOT -TO -EXCEED FEE $99,950 or a�300 a , reetf Suet 325; 0aklan CA /<If4f0{0//%/iJ'//i/%✓� X�.IVNrr���GfG;/.« r//111(D�llf'iVf4I>Vii'MrV,hN9VV�'N1ddl M4P/NIMdy,��lr,/ffovrvf>!J„'9Cil�!19191J/;d4al 517,11i/(i'�%v mj�/ ..... / Client#: 25320 KIMLHORN ACORD, CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDdYYYY) 10/21/2ois 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 NAMEACT Jerry NO Ola Greyling Ins. Brokerage/EPIC PHONE 4225552- 770- (A/C, No, Ext): (AIC, No): 866-550-4082 3780 Mansell Road, Suite 370 ADDRESS: jerry.noyola@greyling.com Alpharetta, GA 30022 INSURER(S) AFFORDING COVERAGE ¢ NAIC p _ INSURER A: National Union Fire Ins Co of P 19445 INSURED INSURER B: Commerce & Industry Ins. Co. 19410 Box 33068 -Horn and Associates, Inc. INSURER C: New Hampshire Ins. Co. 23841 P.O.PBINSURER D: Lloyds of London 085202 Raleigh, NC 27636 INSURER E 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 TYPE OF INSURANCE ADDL SUBR', POLICY NUMBER POLICY EFF ' POLICY EXP LTR INSR WVD (MMIDDIYYYY) (MMMD/YYYY) LIMITS A GENERAL LIABILITY 9645227 04/01/2015 04/01/201P EACH OCCURRENCE S1,000.000 XF COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrences 55001000 CLAIMS MADE X OCCUR MED EXP (Any one person, 525,000 X, Contractual Liab GEN'L AGGREGATE LIMIT APPLIES PER. POLICY Xi JE T X LOC A AUTOMOBILE LIABILITY 4982985 X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON OWNED AUTOS B X UMBRELLA LIAB X OCCUR EXCESS LIAB CLAIMS MADE { DED X RETENTION $10,000 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y ; N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER MEMBER EXCLUDED? N N r A (Mandatory In NH) f yes, describe under DESCRIPTION OF OPERATIONS below PERSONAL & ADV INJURY S1,0001000 GENERAL AGGREGATE s2,000,000 X PRODUCTS - COMP/OP AGG 52,000,000 S 04/01/2015 04/01/2016 Ea aaccidentSINGLELIMIT 51,000,000 BODILY INJURY (Per person! S BODILY INJURY (Per accident'I S PROPERTY DAMAGE S Per accident) S BE020733086 04/01/2015 04/01/2016 EACHOCCURRENCE s5,000,000 AGGREGATE 55,0001000 S 39901450 04/01/2015 04/01/2016 X T C S LIMI OTH Cfi"N 1,dCd1Ts E.Fi E L EACH ACCPOENT s1,000,000 E.L DISEASE EA EMPLOYEE 51,000,000 E.L. DISEASE POI,'CY I IMIT 51,000,000 D Prof. Liab P070831500 4/01/2015 04/01/2016 Per Claim $2,000,000 Aggregate $4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Re: Marin Emergency Radio Authority (MERA) Tower Retrofit Project; Elbert Chang. The City of San Rafael, its officers, agents, employees & volunteers are named as Additional Insureds with respects to General & Automobile Liability where required by written contract. The above referenced liability policies with the exception of professional liability are primary & non-contributory where required by written contract. Waiver of Subrogation is applicable where required by written contract & allowed by law. Should any of the (See Attached Descriptions) CERTIFICATE HOLDER City of San Rafael Public Works Director P.O. Box 151560 San Rafael, CA 94915 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S415032/M395709 JNOY1 DESCRIPTIONS (Continued from Page 1) above described policies be cancelled by the issuing insurer before the expiration date thereof, 30 days' written notice (except 10 days for nonpayment of premium) will be provided to the Certificate Holder. SAGITTA 25.3 (2010/05) 2 of 2 #S415032/M395709 POLICY NUMBER: GL 964-52-27 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organization(s) ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. SCHEDULE Location And Description Of Completed Operations PER THE CONTRACT OR AGREEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. ` A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agree- ment, the insurance afforded to such addi- tional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insu- rance shown in the Declarations; whichever is less. This endorsement shall not increase the appli- cable Limits of Insurance shown in the Decla- rations. CG 20 37 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 0 ENDORSEMENT This endorsement, effective 12:01 A.M. 04/01/15 forms a part of policy No. 4982985 issued to KIMLEY-HORN & ASSOCIATES, INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This'endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND TO PROVIDE ADDITIONAL INSURED STATUS BUT ONLY TO THE EXTENT OF SUCH PERSON OR ORGANIZATIONS LIABILITY ARISING OUT OF THE USE OF A COVERED AUTO. SECTION II - LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. 87950 (10/05) 04� �ize�ReIpLsentativeAhihoor Countersi nature (in States Where Applicable Page 1 of 1 ENDORSEMENT This endorsement, effective 12:01 A.M. 0 4 / 01 / 15 forms a part of policy No. 9 6 4 5 2 2 _Y issued to K I MLEY-HORN AND ASSOCIATES, INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY COVERAGE FOR SPECIFIED PERSONS OR ORGANIZATIONS NAMED AS ADDITIONAL INSUREDS - ONGOING AND COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following paragraph is added to SECTION iI - WHO IS AN INSURED and applies only to persons or organizations we have added to your policy as additional insureds by endorsement to comply with insurance requirements of written contracts relative to: a) the performance of your ongoing operations for the additional insureds; or b) "your work" performed for the additional insureds and included in the "products -completed operations hazard": This insurance is primary over any similar insurance available to any person or organization we have added to this policy as an additional insured. However, this insurance is primary over any other similar insurance only if the additional insured is designated as a named insured in the Declarations of the other similar insurance. We will not require contribution of limits from the other similar insurance if the insurance afforded by this endorsement is primary. This insurance is excess over any other valid and collectible insurance, whether primary, excess, contingent or on any other basis, if it is not primary as defined in the paragraph above. All other terms and conditions of the policy are the same. 90533 (3/06) A thorized Representative or Countersignature (in States Where Applicable) Page 1 of POLICY NUMBER: GL 964-52-27 COMMERCIAL GENERAL LIABILITY CG 20 33 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11 - Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an addi- tional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by; 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an addi- tional insured under this endorsement ends when your operations for that additionaP insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional ex- clusions apply: This insurance does not apply to: 1. "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: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrong- doing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily in- jury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. 2. "Bodily injury" or "property damage" occurring after: All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: CO 20 33 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 2 0 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Rage 2 of 2 ® Insurance Services Office, Inc., 2012 CG 20 33 04 13 ❑ BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause' need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 0 4 / 01 / 15 forms a part of Policy No. 3 9 9 014 51 Issued to KIMLEY-HORN AND ASSOCIATES, INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be 2.00 % of the total estimated workers compensation premium for this policy. -" WC 04 03 61 Countersigned by _ _... _. - - - - - - - - - -X_ ... _ ._ _ _ (Ed. 19190) Authorized Representative 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 Description Completion Department Date 1 City Attorney Review, revise, and comment on draft 0 9 . �� �� ��� • agreement. 2 Contracting Department Forward final agreement to contractor for p their signature. Obtain at least two signed originals from contractor. 3 Contracting Department I Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City -' Ordinance*). ......................... 4 City Attorney Review and approve form of agreement; bonds, and insurance certificates and endorsements. 5 City Manager / Mayor / or Agreement executed by Council authorized Department Head official. 6 City Clerk City Clerk attests signatures, retains original agreement and forwards copies to the contracting delmrtment. tola�111� To be completed by Contracting Department: Project Manager: Leslie Blomquist Project Name: MERA Tower Retrofit Proiect 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.