HomeMy WebLinkAboutCC Resolution 13822 (SMART Accessibility Ramps)RESOLUTION NO. 13822 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING A PROPOSAL FROM KIMLEY-HORN & ASSOCIATES, INC. FOR DESIGN ASSISTANCE OF ACCESSIBILITY RAMPS NEAR THE DOWNTOWN SONOMA MARIN AREA RAIL TRANSIT CROSSINGS AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. IN AN AMOUNT NOT TO EXCEED $42,000. WHEREAS, construction has commenced on the Sonoma Marin Area Rail Transit (SMART) project consisting of passenger rail operation between Santa Rosa and San Rafael, and ultimately to Larkspur; and WHEREAS, SMART plans to construct ADA required curb ramps within their right-of-way; and WHEREAS, additional ADA compliant curb ramps are required within the pedestrian path of travel, located on City public right-of-way; and WHEREAS, City staff found that design services from qualified consultants will be required for this project; and WHEREAS, the cost to design these ramps will be allocated from the City's Gas Tax Fund (#206); and WHEREAS, the most qualified consultant team is Kimley-Horn & Associates, Inc. with a fee in the amount of $42,000 (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. The professional scope of services for Kimley-Horn & Associates, Inc., as attached hereto, is accepted. 2. Council does hereby authorize the Public Works Director to enter into a Professional Services Agreement with Kimley-Horn & Associates, Inc. for professional services listed in Exhibit "A", in a form approved by the City Attorney and in an amount not to exceed $42,000. 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. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 6"' day of October, 2014, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk File No.: 18.06.52 AGREEMENT FOR PROFESSIONAL SERVICES WITH KIMLEY-HORN & ASSOCIATES, INC. FOR DESIGN OF ACCESSIBILITY RAMPS NEAR THE DOWNTOWN SONOMA MARIN AREA RAIL TRANSIT CROSSINGS This Agreement is made and entered into this day of/,,`gy p 2014 by and between the CITY OF SAN RAFAEL [hereinafter "CITY"], and Kimley-Horn & Associates, Inc. (hereinafter "CONTRACTOR"). RECITALS WHEREAS. the CITY has determined that certain specialized professional services are required for the design of various accessibility ramps near the downtown Sonoma Marin Area Rail Transit crossings (hereinafter "PROJECT"): and WHEREAS, the CONTRACTOR has offered to render such specialized professional services in connection with this Pr(-ject. 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, Kevin Aguigui 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 18"', 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". ). DUTIES OF THE CITY CITY shall perform the duties as described in Exhibit "A" attached hereto and incorporated herein. 4. COMPENSATION For the full performance of the services described herein by 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 "A" and the total payment for the project will not exceed $42,000. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. complete. j. 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 obli-ations 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. S. 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 Agreement • 2 performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY Tile 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 he 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 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 file 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. 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 Agreement • 3 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 he satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or he endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory hasis 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 he 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 sell` -insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied b_v 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 Agreement • 4 listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policv lanuua-lre or specific endorsements evidencinfz the other insurance requirements set forth in this A�,,rcement. 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. 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. Agreement • 5 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 he 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: Kevin Aguigui Kimley-Horn & 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, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the Aereernent • 6 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 lees 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: �� 7 Fz, -- �C / /��, ROBERT F. EPSTEIN, City Attorney File No.: 18.06.52 Kimley-Horn & Associates, Inc. Title: t 't Agreement • 8 Kimley )) Horn September 18, 2014 Leslie Blomquist, P.E. City of San Rafael Department of Public Works 111 Morphew Street San Rafael, CA 94901 We are pleased to submit our proposal for the preparation of detailed designs for new curb ramps in the City of San Rafael. The following Scope of Work and Fee Estimate are based on our understanding of the requested additional items. • Kimley-Horn will perform topographic surveys at ten (10) corners — see Task 2 below. The surveys will pick up surface and drainage improvements within an expanded footprint around the curb ramp locations. Kimley-Horn will create 75%, 950/6 and 100% ramp designs for the following ten (10) curb ramp locations: • 4th & Tamalpais (NE, NW and SW corners) • 5`h & TamalDais (NE. NW. SE and SW corners) • Mission & Tamalpais (NW, SE, and SW corners) The designs will be consistent with current City designs for new curb ramps. The design plans will be prepared as standalone designs, or if necessary incorporated into a larger design plan set. We will gather existing utility information and add right of way information to the plans to the extent possible based on existing record drawings. Once the 750/6 designs are prepared we will meet with the City in the field to discuss the designs and receive input to prepare the 959e designs. Our estimated fee to perform the additional services and support described above is $42,000. This includes all administrative costs and direct expenses. The table below provides the fee estimate per task. Kimlep) Horn pa g e 2 Task and Description Fee Estimate Task 1: Perform Topographic Surveys $10,100 Task 2: Intersection Curb Ramps Design $31,650 Direct Expenses $250 TOTAL FEE: $42,000 Schedule We will conduct the topographic surveys immediately upon a notice to proceed and deliver the 759. curb ramp designs within two weeks of receipt of the topographic surveys. Upon City review and comment, we will prepare the 95% curb ramp designs. We have assumed designs at the 75%, 95% and 100% stages. We will coordinate the curb ramp designs with the designs for the San Rafael RTSE PS&E package. Thank you for the opportunity to provide these design services. Please contact me directly if there are any questions or concerns with any part of our proposal. I can be reached at (510) 350-0217 (office), (510) 393-6232 (cell) or kevin.aauioui(cDkimlev-horn.com. Sincerely, 1 Kevin Aguigui, P.E., E.E., CSEP Project Manager Staff Position FW�—je—ct Manager Senior Civil Engineer Senior Engineer Senior ITS Engineer Senior Traffic Engineer Civil Engineer III Civil Engineer 11 Civil Engineer Traffic Engineer 11 rraffic Engineer Traffic Analyst Civil Analyst Principal Environmental Planner Senior Environmental Planner/Engineer Environmental Specialist/Engineer Environmental Planner Graphics/GIS Admin. Rates are subject to change July 1, 2015 Fully Loaded Hourly Rate $230 $215 $205 $185 $185 $195 $175 $155 $145 $130 $115 $115 $239 $175 $125 $110 $95 $85 MAYOR Gant' O. Phillips VICE MAYOR Damon Connolly COUNCIL MEMBERS Kate Colin Maribeth Bushey Andrew Cuyugan McCullough INSURANCE REOUIREMENTS SHEET SUBJECT: 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 Liabilitv: Automobile Liabilitv: 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 tD 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. Furthennore, 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-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. A ® C TIFIC T ®F LIABILIT I ' SUR CE I 11/6/2014Wi 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 CONTACT Jerry NO ola NAME: y y Greyling Insurance Brokerage FAX IA/CONN . FYtI. (770) 552-4225 ((AIC. No): (866) 550-4082 450 Northridge Parkway ADORIESS:Jerry.noyola@greyling.com Suite 102 INSURER(S) AFFORDING COVERAGE NAIC# Atlanta GA 30350 INSURER A National Union Fire Ins Cc 19445 INSURED INSURERB:Commerce & Industry Insurance 19410 Kimley-Horn and Associates, Inc. INSURERCNew Hampshire Insurance Company 23841 P.O. Box 33068 INSURERD:Lloyd'S of London 085202 INSURER E: Raleigh NC 27636 INSURER F: COVERAGES CERTIFICATE NUMBER:14-15 (Kimley Janice) REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDU CED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP WLIMITS LTR INSR VD POLICY NUMBER (MMIDD/YYYY) (MMIDD/YYYYI GENERAL LIABILITY I EACH OCCURRENCE S 1,000,0001 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREb11SES (Ea occurrence) $ 500,0001 A CLAIMS -MADE Fx_] OCCUR GL 9645227 4/1/2014 4/1/2015 ' MED EXP (Any one person) S 25,0001 X Contractual Liability PERSONAL & ADV INJURY S 1,000,0001 GENERAL AGGREGATE S 2,000,0001 GEN'L AGGREGATE LIMIT APPLIES PER jPRODUCTS- COMP/OPAGG S 2,000,0001 7 $ POLICY I X lET I x LOC AUTOMOBILE LIABILITY A COMBINED SINGLE LIMIT (Ea accident} S 1,000,000 X ANY AUTO ( BODILY INJURY (Per person) $ A ALL OWNED SCHEDULED CA 4982985 4/1/2014 4/1/2015 ( BODILY INJURY (Per accident) $ _ AUTOS AUTOS X X NON -OWNED I PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) S X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5 r 000 r 000 B EXCESS LIAB j—jl CLAIMS -MADE AGGREGATE S 5, 000, 000 DED I X IRETENTIONS 10,000 BE58430948 4/1/2014 4/1/2015 S C WORKERS COMPENSATION WC 018112556 (AOS) 4/1/2014 4/1/2015 X ITORYLNITSi JOT AND EMPLOYERS' LIABILITYER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/ N E L EACH ACCIDENT S 1,000,000 A OFFICER/MEMBER EXCLUDED? � NIA (Mandatory in NH} WC 016112$57 (CA) 2015 4/1/2014 4/1 / ( E L DISEASE - EA EMPLOYEE S 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT S 1,000,000 D Professional Liability B0879PO70831401 & 4/1/2014 4/1/2015 Per Clam $4,000,000 B0879PO70831402 Aggregate $4,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: Design of Accessibility Ramps Near the Downtown Sonoma -Marin Area Rail Transit Crossings. The City of San Rafael, its officers, agents, employees & volunteers are named as Additional Insureds on the above referenced liability policies with the exception of workers compensation & professional 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 above described policies be cancelled by the issuing insurer before the expiration date thereof, 30 days' written notice CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Sari Rafael ACCORDANCE WITH THE POLICY PROVISIONS. Leslie Blomquist 111 Morphew Street AUTHORIZED REPRESENTATIVE San Rafael, CA 94915 David Collings/JERRY `��<__�� ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 oninn,� m Thn A(Tr)Rn norma mnrl Innn mra ranictarart mmrirc of &rr)pn I COMMENTS/REMARKS (except 10 days for nonpayment of premium) will be provided to the Certificate Holder named below. OFREMARK COPYRIGHT 2000, AMS SERVICES INC. Policy Number: GL 9645227 COMMERCIAL GENERAL LIABILITY CG2083O7O4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section U —VVho Is An Insured is amended to include as an additional insured any person or or- ganization 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 addi- tional insured on your policy. Such person or or- ganization is an additional insured only with re- spect 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. Aperson's ororganization's status asonadditional insured under this endorsement ends when your operations for that additional insured one com- pleted. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply Vn� 1. "Bodily and advertising injury' arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying ser- vices, including: a. The prapehng, appmvinQ, or failing to pre- pare or approve, maps. shop drawings, opinions, epods, surveys, field ordem, change orders or drawings and opocifica- 1ionm;or b. Supervisory, inspection, architectural or engineering activities. 2. 'Bodily injury' or "property damage' occurring u. All work, including materials, or equipment furnished in connection with such work, onthe project ser- vice, maintenance or repairs) to be per- formed opfoxmed by or on behalf of the additional in- sured(s) at the location of the covered operations has been completed; or b.That portion of"your work" out ofwhich the injury ordamage arises has been put to its intended use by any person or organization other than another contractor orsubcontrac- tor engaged in performing operations fora principal aoapart ofthe same project. {G 20 33004 @ ISO Properties, Inc,2004 Page 1of1 O POLICY NUMBER: GL 9645227 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 ♦ • • P61PX61 U14 x1, Lei Lim This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organization (s): AS REQUIRED BY WRITTEN CONTRACT 14TIHIAN1114� Location And Description Of Completed Operations AS REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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. '° CG 20 37 07 04 0 ISO Properties, Inc.,2004 Page 1 of 1 0 ENDORSEMENT This endorsement, effective 12:01 A.M. 04/01/14 forms a part of policy No.GL 9645227 issued to KIMLEY-HORN AND ASSOCIATES, INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. � - • . , • . I . • • •' • • 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) L'�eMR ��A thorizpresentative or Countersignature (in States Where Applicable) Page 1 of 1 November 3, 2014 Kimley-Horn & Associates, Inc. 1300 Clay Street, Suite 325 Oakland, CA 94612 Attn: Kevin Aguigui MAYOR GARY O. PATI 1 ws VRT MAYOR DANION CONNOI LY 6tCOUN( ILMI 1,11i1[R KA'I i CUI_IN COUN('II N11 NIBI;R MARIRI I II IW111II 1' COUN('11_NII'Nilil,li ANI)R1 W ('U)'ULAN M('CUI I OUGI I PUBLIC WORKS DEPARTMENT: (415)485-3355 FAX: (415)485-3334 Nader Mansourian, Director of Public lVorks File No.: 18.06.52 Re: DESIGN OF ACCESSIBILITY RAMPS NEAR THE DOWNTOWN SONOMA- NIARIN CROSSINGS Dear Kevin, The San Rafael City Council on Monday, October 6, 2014, authorized the referenced contract to your firm in the amount of $42,000. Enclosed are the original and two copies of the project agreement which you are required to execute within five (5) days from receipt of this letter. Please take the following steps: AGREEMENT 1. Execute all three copies. NOTE: If you are a corporation, two signatures are required; one by the Chairman of the Board, the President or any Vice President, ANIS one by the Secretary, Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. Alternatively, you may provide a corporate resolution stating that the individual who signs is authorized to bind the corporation. 2. Return all three copies to us. You will receive a fully executed copy later. INSURANCE 1. Furnish Certificates of Insurance as provided in the specifications and as described on the enclosed "Insurance Requirements Sheet", including Workers' Compensation, Public Liability, and Property Damage. The required insurance may be provided by a separate policy or certificate of insurance insuring the City for public liability and property damage. The required cross -liability endorsement MUST READ EXACTLY AS STATED on the enclosed Insurance Requirement Sheet. Be sure to attach the endorsement to your insurance certificate. That portion of the cancellation clause I I 1 rvlom)1u w S m iii • PO 13ox 151560. SAN RAI ALL, CA 9.1915-1560 WWW.(TF)'0I SANRAI'AI'L.ORG Page Two 1� pertaining to "Failure of the insurance company to mail notice of cancellation imposing no obligation or liability upon the company" must be deleted from the certificate of insurance. Please cross out and initial the deleted portion. Send the Insurance Certificates in duplicate to our office. 3. Please give your insurance carrier a copy of this letter as a guide. 1-1 Should you, your bonding company, or your insurance carrier have any questions, please contact our Engineer at 485-3355. Sincerely yours, Leslie Blomquist Associate Civil Enginee LB:drn Enclosures (3): 3 Agreements PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Department 1 City Attorney 2 Contracting Department 3 Contracting Department 4 City Attorney 5 City Manager / Mayor / or Department Head 6_ City Cleric 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 L , C' / L" le IC ,v%Sr(y5r l Project Manager:If ` _ y.€ Project Name: r 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. CITY OF SAN RAFAEL '0,, ,..M0 , 0 - INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. DATE OF MEETING: 10/6/14 FROM: Nader Mansourian 17:4VAJ; ►�i1�►� 11:71ia�i�[.Ti; DATE: 9/22/14 TITLE OF DOCUMENT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING A PROPOSAL FROM KIMLEY-HORN & ASSOCIATES, INC. FOR DESIGN ASSISTANCE OF ACCESSIBILITY RAMPS NEAR THE DOWNTOWN SONOMA MARIN AREA RAIL TRANSIT CROSSINGS AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. IN AN AMOUNT NOT TO EXCEED 542,000. Department Head (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL/ AGENCY AGENDA ITEM: City Manager (signature) ►• .'•C• t APPROVED AS TO FORM: City Attorney (signature) ' File No.: 18.06.52