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HomeMy WebLinkAboutCC Resolution 13821 (Freitas Pkwy & Las Gallinas Intersection Impr.)RESOLUTION NO. 13821, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING A PROPOSAL FROM CSW/STUBER-STROEH ENGINEERING GROUP, INC. FOR DESIGN ASSISTANCE ON THE MANUEL T. FREITAS PARKWAY AND LAS GALLINAS AVENUE INTERSECTION IMPROVEMENT PROJECT, CITY PROJECT #11171, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH CSW/STUBER-STROEH ENGINEERING GROUP, INC. IN AN AMOUNT NOT TO EXCEED $245,282.00. WHEREAS, staff recommends the improvement of the intersection of Manuel T. Freitas Parkway and Las Gaflinas Avenue based on traffic engineering design and professional WE= WHEREAS, the project will modify intersection geometry to reduce delay and congestion of the intersection, provide upgrades to pedestrian accessibility and install bicycle facility improvements; and WHEREAS, the cost for design and construction of this project will be allocated from Traffic Mitigation Fees as described in the circulation improvements of San Rafael General Plan 2020; and WHEREAS, City staff found that design services from qualified consultants will be required for this project; and WHEREAS, the most qualified consultant team is CSW/Stuber-Stroeh Engineering Group, Inc. with a fee in the amount of $245,282 (technical proposal attached as Exhibit A); and WHEREAS, staff has reviewed their proposal and found it to be complete and within industry standards. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1. Council does hereby authorize the Public Works Director to enter into a Professional Services Agreement with CSW/Stuber-Stroeh Engineering Group, Inc. for professional services listed in Exhibit "A", in a form approved by the City Attorney and in an amount not to exceed $245,282.00. 2. The professional scope of services for CSW/Stuber-Stroeh Engineering Group, Inc., as attached hereto, is accepted. 3. The Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. 1, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 6`h day of October, 2014, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEM 3ERS: None ESTHER C. BEIRNE, City Clerk File No.: 18.01.73 AGREEMENT FOR PROFESSIONAL SERVICES WITH CSW/STUBER-STROEH ENGINEERING GROUP, INC. FOR THE MANUEL T. FREITAS PARKWAY AND LAS GALLINAS AVENUE INTERSECTION IMPROVEMENTS PROJECT This Agreement is made and entered into this E day of� 2014 by and between the CITY OF SAN RAFAEL [hereinafter "CITY"], and CSW/Stuber-Stroeh Engineering Group, Inc. (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the CITY has determined that certain specialized professional services are required for the Manuel T. Freitas Parkway and Las Gallinas Avenue Intersection Improvements Project (hereinafter "PROJECT"); and WHEREAS, the CONTRACTOR has offered to render such specialized professional services in connection with this Project. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION A. CITY. The Public Works Director shall be the representative of the CITY for all purposes under this Agreement. The Public Works Director is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR, Al Cornwell 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 August 14`h, 2014 marked Exhibit "A" attached hereto, and incorporated herein by this reference. CONTRACTOR agrees to be available and perform the work specified in this Agreement in the time frame as specified and as shown in Exhibit "A". 3. DUTIES OF THE CITY CITY shall perform the duties as described in Exhibit "A" attached hereto and Z] ORIGINAL 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 rates shown on the current fee schedule as described in Exhibit "B" attached and incorporated herein. The total payment made for any individual work task will not exceed the amounts shown on the Proposal Budget, set out in Exhibit "B". The total payments made for any individual work task will not exceed the amounts shown on the Proposed Budget, set forth in Exhibit "B", and the total payments for the project will not exceed $245,282. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. complete. 5. TERM OF AGREEMENT The term of this Agreement shall be from the date of execution until the Project is 6. TERMINATION A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon ten (10) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination notice, to the reasonable satisfaction of the party giving such notice, within thirty (30) days of the receipt of said notice. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNF,RSHIP 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. Agreement • 2 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 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, 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 ($1,000,000) dollars per occurrence; 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. Where CONTRACTOR is a professional not required to have a professional license, CITY reserves the right to require CONTRACTOR to provide professional liability insurance pursuant to this section. 4. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. CONTRACTOR'S worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. 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 endorsed to include the CITY, its officers, agents, employees, and volunteers, as additional named insureds under the policies. Agreement • 3 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 coverage for any contribution. The "primary and noncontributory" coverage in CONTRACTOR's policies shall be at least as broad as ISO form CG20 01 04 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, terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to the PROJECT MANAGER. 5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. C. Deductibles and SIR'S. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self- insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. Agreement • 4 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 lanauaae or specific endorsements evidencina the other insurance requirements set forth in this Aareement. 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. I iowever, 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. Agreement • 5 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 perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinance, codes or 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 this Agreement, to the other party. 15. NOTICES All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Nader Mansourian, (Project Manager) City of San Rafael 111 Morphew Street P.O. Box 151560 San Rafael, CA 94915-1560 TO CONTRACTOR: Al Cornwell (Principal in charge) CSW Stuber Stroeh Engineering Group Inc. 45 Leveroni Court Novato, CA 94949 Agreement • 6 16. INDEPENDENT CONTRACTOR For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, 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 term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. Agreement • 7 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 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 NADER MANSOURIAN Public Works Director ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN, City Attorney File No.: 18.01.73 CSW/Stuber-Stroeh Engineering Group Inc. By: Title:.- __,___ Agreement • 8 Scope of Services 4 Mar uT. Freitas Parkway and Las Gallinas Avenue Intersection Improvements �9 I ° - Freitas Parkway Las Gallinas Intersection Improvements Scope of Services — il� ` For City of San Rafael, Department of Public Works To improve vehicular, bicycle, and pedestrian transit at the Manuel T. Freitas Parkway and Las Gallinas intersection, CSW/Stuber-Stroeh Engineering Group, Inc. (CSW I ST2) design team proposes a structured scope of work to address project management, preliminary analysis, environmental permitting, construction documents, bidding, and construction administration support (optional). In doing so, we will evaluate and propose alternatives and produce a high quality product to improve multi -modal transit through the intersection. PROJECT MANAGEMENT AND COORDINATION a. CSW j ST2 will provide contract management and quality control services throughout the project. Our senior principle will review the construction document prior to submittal of the design plan phases. We have been and will continue to be cognizant of the schedule and provide opinions of probable cost for each submittal phase. b. CSW I S12 will coordinate a kick-off meeting with City staff and the Design team following award of contract to discuss project schedule, stakeholders, public outreach, and alternatives. Additionally, we allotted time for five (5) meetings to present design alternatives, project schedule, and review progress submittal. We have included MIG as part of the design team to lead public outreach meetings and prepare visual aids for presentation of the project. For each meeting we will prepare meeting agenda, updated project schedule, and provide minutes for each meeting. C. CSW j ST2 will provide support during the bidding phase. We will attend the pre-bid meeting, respond to bidder's inquiries, attend bid opening, review bids, and tabulate results. d. Weekly schedule updates will be provided in Microsoft Project 2013 as requested by City staff. el' e • Project schedules and updates • Meeting agendas and minutes 2. PRELIMINARY STUDIES AND RESEARCH a. CSW I ST2 will coordinate with the applicable utility agencies to obtain available record plans, as -built, and schematics. This information will be represented as part of the existing topographic base map. b. CSW I ST2 will prepare a field survey of the project area. We will locate the existing improvements within the project area. These improvements include the drainage channel, signal and lighting, visible surface utilities, USA markings, roadway, pathways, ramps, signing and striping. Additionally, we will locate significant trees (6 inch trunk diameters) and survey monuments to establish Right -of -Way location. The survey will be prepared in AutoCAD dwg format with 1 -foot contour intervals on State Plane coordinates (NAD 83) referencing system with vertical control based on NAVD 88. � 4!1 Freitas Parkway Las Gallinas Intersection Improvements .. Scope of Services — ' 111 X For City of San Rafael, Doartment of Public Works C. Geotechnical Investigation will include one deep bore near the creek and four asphalt cores will be provided and reviewed by Miller Pacific Engineering. The deep bore will help define the requirements of any box culvert extensions and the four cores in the project area will help to determine roadway and drainage improvements. We will apply for encroachment permits, as applicable. A composite R value of the subgrade will be determined from samples taken. Cores will be backfilled and pavement will be patched when the coring work is complete. d. CSW I ST2 will prepare a profile of the concrete drainage channel as part of the preliminary analysis. Additionally, we will prepare sections at 50 foot intervals to help determine structural modifications to the existing drainage channel e. Fehr & Peers will conduct a Multi -Modal analysis of the intersection. The analysis will include facilities related to vehicular transit, bicycle and pedestrian access, ADA access and path of travel, and traffic safety. Deliuerabler.• • Topographic Survey (AutoCAD .dwg format) • Geotechnical Report • Utility Coordination Letters and Map • Drainage Channel Profile & Section Plan • Multi -Modal Analysis Report 3. ENVIRONMENTAL COMPLIANCE AND PERMITTING a. WRA will coordinate preparation, submittals, and obtaining required permits and environmental review documentation from State, local, and jurisdictional agencies. b. WRA will prepare applicable CEQA documents and applicable technical studies required to clear this project for construction. C. WRA will prepare and update a schedule of environmental permits. d. WRA will coordinate review of the CEQA documents and technical studies with City staff in the preliminary and final draft stages. City comments will be review and, as applicable, incorporated into documents. e. CSW ( ST2 and WRA will provide the following environmental documents and studies: • Army Corp of Engineers Jurisdictional Delineation Report • Department of Fish and Game Code Section 1600 Streambed Alteration Agreement • National Pollutant Discharge Elimination System (NPDES) Notice of Intent (NOI) • Storm Water Pollution Prevention Plan (SWPPP) i e • Preliminary and final permit applications for submittal by the City • Preliminary and final CEQA documentation for submittal by the City 4. Freitas Parkway Las Gallinas Intersection Improvements , Scope of Services ° For City of San Rafael, Department of Public Works CONSTRUCTION DOCUMENTS a. CSW I ST2 will prepare a preliminary analysis to analyze the project area for potential issue. We will utilize the studies and topographic survey listed in Task 2 and 3 to help determine ROW constraints, environmental issues, accessibility issues, and drainage. b. CSW I ST2 design team will coordinate with pertinent agencies, stakeholders, and material & equipment suppliers. C. MIG will lead the design team to coordinate appropriate public outreach, workshops and participate in public meetings (meetings with stakeholders, business owners, HOA, and City Council). Two (2) public outreach meetings are anticipated. d. Construction documents will be prepared at the 35%, 65%, and 95% phases. Construction documents include plans, specifications, and opinion of probable construction costs. These documents will be reviewed by City staff prior to commencement of the next phase. e. Bid documents will be prepared on 22x34 sheets. Bid documents include 100% design Plans, specifications, and opinion of probable construction costs. f. All plans shall be prepare use AutoCAD 2011 or a more recent version. g. Specification will be prepared in 2010 Caltrans format. h. A schedule of items shall indicate the approximate quantities. i. An opinion of probable construction cost will be prepare with quantities, unit costs, and total costs based on the various phases of construction documents. Deli e • Meeting agendas and minutes for public outreach meetings • 35%,65%,95%, 100% PS&E on 2204 sheets in electronic format and hardcopy • Response to plan check comment letter for each construction document phase 5. CONSTRUCTION SUPPORT (Optional) a. CSW I S12 will be available to attend one (1) preconstruction meeting with the successful construction contractor. b. CSW ST2 will review contractor submittals and shop drawings as necessary. C. CSW ST2 will respond to contractor Requests for Information and Request's for Clarification (RFI's and RFC's). d. CSW I ST2 will review and provide recommendations regarding Contractor change order proposals and request for additional payment related to design changes. e. CSW I ST2 will provide periodic on-site field observations to review the progress of Freitas Parkway Las Gallinas Intersection Improvements !,w' V Y Scope of ServicesY For City of San Rafael, Department ofPublic Works construction and conformance to plans as directed by the Executive Architect. An allowance for five (5) visits has been provided. CSW I ST2 will take part in one (1) final field observation and prepare a punch list of civil related items. Dellver8� • Pre -construction meeting agenda and minutes • Response to RFIs, Submittals, change order requests • Punch List Any services beyond those specifically outlined above will be billed as Additional Services. The inclusion of Additional Services to the Scope of Work will require written amendment to the contract to be signed by the client and CSW I ST2 before the Additional Services are to be provided. C E N ao ® 0 0- Co 00 m a c) Co It 00 It N v N O ti v (0 Q r 3 U 0 0 0 0 co, N 0 0 0 0 0 0 0 0 O O O O O 0 0 0 0 0 N 0 c�0 moi. 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(±3W�gH LU J�LL 0. 5; mO"--)k _jW , m 8 ��'a = ZL O u® o O0 5 LL. a g WUCo U Q a CaMmQN V) ® U U Wn N (6 Cl 'O 03 (,.i (O .O (3 V 4; (d O v= 6) t .- @ m 0 '(7 d 45 Leveroni Court 415.883.9850 Novato, CA 94949 Fax: 415.883.9835 www.cswst2.com L xllib,L Novato Petaluma Sacramento Redwood City CSW/Stuber-Stroeh Engineering Group, Inc. Engineers I Land Planners I Surveyors I Landscape Architects PROJECT NO.: 7.775.549 HOURLY RATES AND BILLING POLICY Effective January 1, 2014 the following hourly rates will be charged for services rendered. (Rates subject to change): CIVIL AND STRUCTURAL ENGINEERING Principal Engineer Manager Project Engineer V Project N,ngineer IV Project Engineer III Project Engineer II Project Engineer I Senior Engineer Engineer V Engineer IV Engineer III Engineer II Engineer I Senior Designer Designer V Designer IV Designer III Designer II Designer I Technician IV Technician III Technician II Technician I Project Assistant II Project Assistant I SURVEYING HOURLY RATES 210.00 200.00 179.00 168.00 157.00 142.00 121.00 200.00 147.00 126.00 110.00 99.00 90.00 168.00 137.00 126.00 115.00 105.00 99.00 99.00 95.00 90.00 76.00 74.00 69.00 HOURLY RATES LAND PLANNING / LANDSCAPE ARCHITECTURE Principal Senior Planner Planner V Planner IV Planner III Planner II Planner I Landscape Architect V Landscape Architect IV Landscape Architect III Landscape Architect II Landscape Architect 1 Landscape Designer III Landscape Designer I1 Landscape Designer I ENVIRONMENTAL PLANNING Survey Supervisor $ 178.00 Senior Environmental Planner Project Surveyor $ 157.00 1snvironmental Planner II Survey Technician $ 105.00 Environmental Planner I Two -Man Survey Party $ 240.00 Three -Man Survey Party $ 360.00 Two -Man GPS Crew $ 336.00 Computer Technician / Trainer $ 168.00 Expert Witness / Arbitration Services are available at a negotiated rate. All expenses for transportation will be charged at cost plus service charges at the rate of 10% HOURLY RATES 190.00-$ $ 153.00-$ $ $ $ 210.00 200.00 179.00 163.00 157.00 137.00 120.00 158.00 142.00 121.00 99.00 90.00 110.00 93.00 90.00 HOURLY RATES $ 150.00 $ 131.00 $ 120.00 Filing fees, checking fees, prints, and other outside costs (such as agency submittal/permit fees etc.) will be charged at cost, plus service charges at the rate of 10%. Billing will be monthly. Invoices are due and payable upon presentation. Interest at the rate of 1.5% per month commencing thirty (30) days after invoice date will be charged on delinquent accounts. CSW/Stuber-Stroeh Engineering Group, Inc. reserves the right to suspend work on any project when invoices have not been paid within thirty (30) days after having been rendered. SUBJECT CITY OF SAN RAFAEL Department of Public Works MAYOR Gary O. Phillips VICE MAYOR Damon Connolly COUNCIL MEMBERS Maribeth Bushey Kate Colin Andrew Cuyugan McCullough INSURANCE REOUIREMENTS SHEET COMMERCIAL GENERAL LIABILITY, AUTOMOBILE AND WORKERS' COMPENSATION INSURANCE (MAJOR PUBLIC WORKS CONTRACTS) The City of San Rafael requires that all Contractors and Subcontractors performing work under a Public Works contract with the City carry commercial general liability, automobile, and workers' compensation insurance. The Contractor and Subcontractors shall insure the City, its elective and appointive Boards, Commissions, Officers, Agents and Employees, as follows: Commercial General Liability: Automobile Liability: Workers' Compensation Liability: Minimum of $1,000,000 per occurrence and $2,000,000 aggregate coverage. Minimum of $1,000,000 coverage. Statutory coverage. The required commercial general liability insurance policy shall provide or shall be endorsed to provide that the City, its officers, employees, agents and volunteers are additional named insureds under the policy, that such policy shall be primary and non-contributory and will not seek contribution from the City's insurance or self-insurance. The "primary and non-contributory" coverage shall be at least as broad as CG 20 01 04 13. 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 non- contributory basis for the benefit of the City (if agreed to in a written contractor or agreement) before City's own insurance or self-insurance shall be called upon to protect it as a named insured. The insurance policies shall be specifically endorsed to provide that the insurance carrier shall not cancel, terminate, or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to the City. It shall be a requirement under the contract 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 the contract; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. Any deductibles or self-insured retentions in the required insurance policies must be declared to and approved by the City, and shall not reduce the limits of liability. Policies containing any self - 111 MORPHEW STREET • PO Box 151560 • SAN RAFAEL, CA 94915-1560 WWW . CITYOFSANRAFAEL.ORG 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 or subcontractor shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees, and defense expenses. Contractor and subcontractors shall provide to the City all of the following: (1) Certificates of Insurance evidencing the required insurance coverage, (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 and subcontractors. 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 City. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this contract. The insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. If the insurance is written on a Claims Made Form, then, following termination of the contract, said insurance coverage shall survive for a period of not less than five years. Client#: 54 CSWSTUBERI ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE 10/(MM/DD (MM/DDIYYYY) 4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER I NAMEACT Nancy Ferrick Dealey, Renton 8r Associates I PHONE 510 465-3090 FAX 510 452-2193 (A/C, No, Ext): (AIC, No): P. O. Box 12675 E-MAIL nferrick@insdra.com Oakland, CA 94604-2675 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # 510 465-3090 INSURER A: Sentinel Insurance Co. LTD 11000 INSURED INSURER B: American Automobile Ins. Co. 21849 CSW/Stuber-Stroeh Engineering Group Inc. INSURER C: U.S. Specialty Insurance Com an 29599 45 Leveroni Court Novato, CA 94949 INSURER D: 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A GENERAL LIABILITY X X 57SBWD05183 09/01/2014 09/01/2015 EACH OCCURRENCE 1 $2,000,000 X. COMMERCIAL GENERAL LIABILITY pAMAREMISE% TO RENTED PS (Ea occurrence) 1$1,000,000 CLAIMS -MADE ® OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: 7 POLICY n E F LOC A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED _ AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS A X UMBRELLA LIAB X OCCUR EXCESS LIAB CLAIMS -MADE DED I I RETENTION$ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE❑ OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below C Professional Liability DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) General Liability Policy excludes claims arising out of the performance of professional services. REF: All Job/Locations. BUSINESS LIABILITY ADDITIONAL INSURED: The Certificate Holder* and any other person named in the written contract between the Named Insured and the Certificate Holder. The coverage afforded is pursuant to Section C., Who Is An Insured, Sub -Section 6., Additional Insureds When Required By Written Contract, Written Agreement Or Permit, Subsection f. Any Other Party of the Business Liability Coverage (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 Department of Public Works ACCORDANCE WITH THE POLICY PROVISIONS. 111 Morphew Street San Rafael, CA 94903 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 #S1137528/M1079460 NMF MED EXP (Any one person) 1$10,000 PERSONAL & ADV INJURY 1$2,000,000 GENERAL AGGREGATE 1$4,000,000 PRODUCTS-COMP/OPAGG $4,000,000 1$ X X 57UEGPC4887 09/01/2014'09/01/201 CMINED EaaccdentSINGLELIMIT) 1$1,000,000 1 BODILY INJURY (Per person) 1 $ 1 BODILY INJURY (Per accident) 1 $ 1 PROPERTY DAMAGE $ (Per accident) $ X X 57SBWD05183 09/01/2014 09/01/201 EACH OCCURRENCE $4,000,000 (AGGREGATE $4,000,000 $ X WZP81021092 09/01/2014 09/01/2015 X 1TO YIIIMtTSI FIR E.L. EACH ACCIDENT $1,000,000 N / A 1 E.L. DISEASE - EA EMPLOYEE $1,000,000 IE.L.DISEASE- POLICY LIMIT $1,000,000 USS1424790 04/01/2014 03/31/201 $1,000,000 per Claim $2,000,000 Annl Aggr. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) General Liability Policy excludes claims arising out of the performance of professional services. REF: All Job/Locations. BUSINESS LIABILITY ADDITIONAL INSURED: The Certificate Holder* and any other person named in the written contract between the Named Insured and the Certificate Holder. The coverage afforded is pursuant to Section C., Who Is An Insured, Sub -Section 6., Additional Insureds When Required By Written Contract, Written Agreement Or Permit, Subsection f. Any Other Party of the Business Liability Coverage (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 Department of Public Works ACCORDANCE WITH THE POLICY PROVISIONS. 111 Morphew Street San Rafael, CA 94903 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 #S1137528/M1079460 NMF DESCRIPTIONS (Continued from Page 1) Form, Form No. SS 00 08. *ADDITIONAL INSUREDS PER POLICY FORM WORDING: The City of San Rafael, its officers, agents and employees. Insurance is primary and non-contributory per policy form. DEDUCTIBLES: Professional Liability Deductible = $35,000 per claim. Excess Liability SIR = $10,000 each occurrence. Other Liability Deductibles = $0 SAGITTA 25.3 (2010/05) 2 Of 2 #S1137528/M1079460 Insured: CSW/Stuber-Stroeh Engineering Group Inc. Insurer: Sentinel Insurance Co. LTD Policy Number: 57SBWD05183 Policy Effective Date: 09/01/2014 Additional Insured: The City of San Rafael, its officers, agents and employees. EXCERPTS FROM: Hartford Form SS 00 08 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.8.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: CSW/Stuber-Stroeh Engineering Group Inc. Policy Number:57UEGPC4887 Policy Effective Dates: 09/01/2014 Additional Insured: The City of San Rafael, its officers, agents and employees. 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 FORM 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: CSW/Stuber-Stroeh Engineering Group Inc. Policy Number: WZP81021092 Effective Date: 09/01/2014 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 extent 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 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description REF: All Job/Locations. SCHEDULE CONTINUED: A Waiver of Subrogation applies in favor City of San Rafael of the City of San Rafael, its officers, agents and employees. Department of Public Works 111 Morphew Street San Rafael, CA 94903 Countersigned by 04t-" Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: Policy Expiration Date: 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 aureements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Department 1 City Attorney 2 Contracting Department 3 Contracting Department 4 ,? City Attorney 5 City Manager / Mayor / or Department Head 6 City Clerk Description Review, revise, and comment on draft agreement. Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). Review and approve form of agreement; bonds, and insurance certificates and endorsements. Agreement executed by Council authorized official. City Clerk attests signatures, retains original agreement and forwards copies to the contracting department. To be completed by Contracting Department: Completion Date Project e�i � Project Name: Agendizd foCity Council Meetin of(if necessary) "e 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. INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUT19—N BEFORE APPROVAL BY COUNCIL / AGENCY. SRCC AGENDA ITEM NO..j-jw DATE OF MEETING: October 6, 2014 FROM: Nader Mansourian DEPARTMENT. Public Works FILE NO.: 18.01.73 DATE: September 22, 2014 TITLE OF DOCUMENT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING A PROPOSAL FROM CSWISTUBER-STROEH ENGINEERING GROUP, INC. FOR DESIGN ASSISTANCE ON THE MANUEL T. FREITAS PARKWAY AND LAS GALLINAS AVENUE INTERSECTION IMPROVEMENT PROJECT, CITY PROJECT #11171, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH CSWISTUBER-STROEH ENGINEERING GROUP, INC. IN AN AMOUNT NOT TO EXCEED $245,282.00. be p'a'rtm .......... e ....... .. .. n I Head (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL 1 AGENCY APPROVED AS TO FORM: AGENDA ITEM: 10 a� City Attorney (signature) REMARKS: