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HomeMy WebLinkAboutCC Resolution 11726 (Fifth Ave. Bicycle/Pedestrian Pathway Project)RESOLUTION NO. 11726 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING PROPOSAL FROM HARRIS & ASSOCIATES FOR DESIGN AND PREPARATION OF PLANS AND SPECIFICATIONS FOR FIFTH AVENUE BICYCLE/PEDESTRIAN PATHWAY PROJECT, AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE THE AGREEMENT IN AN AMOUNT NOT TO EXCEED $57,000. WHEREAS, on March 1, 2004 City Council adopted Resolution No. 11511 authorizing a request for funds for the above-mentioned project from the Metropolitan Transportation Commission (MTC); and WHEREAS, MTC has awarded the City $207,710 for this project; and WHEREAS, staff has determined the need for professional services for the design and preparation of design plans and specifications for this project; and WHEREAS, staff finds the content and cost of the proposal at $51,286 to be acceptable and within industry standards and have added approximately 10% for design contingencies for a total amount of $57,000; NOW, THEREFORE, BE IT RESOLVED that the City of San Rafael accepts the proposal from Harris & Associates for engineering services for the Fifth Avenue Bicycle/Pedestrian Pathway Project and authorizes the Public Works Director to execute an Agreement in a form approved by the City Attorney, in an amount not to exceed $57,000. DRUG I P1 + BE IT FURTHER RESOLVED that the Public Works Director take any and all such actions and make changes as may be necessary to accomplish the purpose of this Resolution. I, JEANNE M. LEONCINI, 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 Monday, the 4`h day of April, 2005, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None A. . JEAM4 M. LEONCINI, City Clerk File No.: 16.01.225 AGREEMENT FOR PROFESSIONAL SERVICES FOR FIFTH AVENUE BICYCLE/PEDESTRIAN PATHWAY PROJECT This Agreement is made and entered into this 4`h day of April, 2005, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and HARRIS & ASSOCIATES (hereinafter "CONSULTANT"). RECITALS WHEREAS, the CITY has determined that civil engineering consulting services are required to design and prepare plans and specifications for the Fifth Avenue Bicycle/Pedestrian Pathway Project (hereinafter "PROJECT"); and WHEREAS, on March 1, 2004, the City Council adopted Resolution No. 11511 authorizing a request for funds for the above-mentioned Project; and WHEREAS, Metropolitan Transportation Commission (MTC) has awarded the City $207,710 for this Project; and WHEREAS, staff has worked closely with Harris & Associates to define the scope of services in connection with this Project; and WHEREAS, staff finds that the cost of the proposal is within industry standards; and WHEREAS, the CONSULTANT has offered to render certain specialized professional services in connection with this Project. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The City Engineer 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. CONSULTANT. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. RUSSELL MOORE is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the CONSULTANT shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONSULTANT CONSULTANT shall perform the duties and/or provide services as follows; the CONSULTANT agrees to provide the professional services outlined in the Proposal from the CONSULTANT, dated February 23, 2005, marked Exhibit "A", attached hereto and incorporated herein by this reference. The CONSULTANT 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 pay the CONSULTANT as provided in Paragraph 4, and shall perform the duties required of the CITY as described in Exhibit "A". 4. COMPENSATION For the full performance of the services described herein by CONSULTANT, CITY shall pay CONSULTANT on a time and materials basis for services rendered in accordance with the rates shown on the current fee schedule as described in Exhibit "A" 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 amount paid under this Agreement shall not exceed $57,000. Payment will be made monthly within 30 days of receipt by PROJECT MANAGER of itemized invoices submitted by CONSULTANT. 5. TERM OF AGREEMENT The term of this Agreement shall be from the date of execution until the Project is complete. 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 CONSULTANT and any and all of CONSULTANT's documents and Agreement • 2 materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS The written documents and materials prepared by the CONSULTANT in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. CONSULTANT shall not be liable for unauthorized reuse of documents and materials. 8. INSPECTION AND AUDIT Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONSULTANT in connection with its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY Except for the surveying services to be performed for CONSULTANT by its subcontractor, Chaudhary & Associates, Inc., as specified in Exhibit "A", 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. During the term of this Agreement, CONSULTANT, 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 ($1,000,000) dollars per occurrence 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 ($1,000,000) dollars to cover any claims arising out of the CONSULTANT's performance of services under this Agreement. B. The insurance coverage required of the CONSULTANT by Section 10. A., shall also meet the following requirements: Agreement • 3 I . The insurance 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. 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury. 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, and employees as additionally named insureds under the policies. 4. CONSULTANT shall provide to PROJECT MANAGER, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents and employees, as additional insureds under the policies. 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to CITY's PROJECT MANAGER. 6. 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. 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 8. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. C. If it employs any person, CONSULTANT 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 CONSULTANT and CITY against all liability for injuries to CONSULTANT's officers and employees. D. Any deductibles or self-insured retentions in CONSULTANT's insurance policies must be declared to and approved by the PROJECT MANAGER and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 11. INDEMNIFICATION CONSULTANT shall indemnify, release, defend and hold harmless CITY, its officers, and employees, against any claims, demands, suits, judgments, losses, liability or expense, including reasonable attorney's fees, arising out of or resulting in any way, in whole or in part, from any negligent acts or omissions, of CONSULTANT or CONSULTANT's officers, agents and employees in the performance of their duties and obligations under this Agreement. Agreement • 4 12. NONDISCRIMINATION CONSULTANT shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS CONSULTANT shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONSULTANT shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONSULTANT shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinance, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES CITY and CONSULTANT do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 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: Mr. Andrew J. Preston (Project Manager) City of San Rafael 111 Morphew Street P.O. Box 151560 San Rafael, CA 94915-1560 TO CONSULTANT: Ms. Jasmine Cuffee, P.E. Harris & Associates 120 Mason Circle Concord, CA 94520 Agreement • 5 16. INDEPENDENT CONTRACTOR For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONSULTANT and CITY expressly intend and agree that the status of CONSULTANT, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 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 CONSULTANT and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONSULTANT and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT under this Agreement, any monies which CONSULTANT owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. WAIVERS The waiver by either party of any breach or violation of any 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 • 6 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 CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONSULTANT shall pay any and all state and federal taxes and any other applicable taxes. CONSULTANT's taxpayer identification number is 94-2385238, and CONSULTANT certifies under penalty of perjury that said taxpayer identification number is correct. 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 ANDREW J. PRES Director of Public orks ATTEST: _ A . �a�- - JE NNE M. LEONCINI, City Clerk APPRO, S. O RM: GAY T. HIANTV City Attorney CONSULTANT HARRIS & ASSOCIATES By: v 12 tis Ste- l A • A clo-r ei Its: �; c_c_ 1=V- -s I c (c'., � Agreement • 7 HARRAND-01 AFDI ACQRD,, CERTIFICATE OF LIABILITY INSURANCE I DATE 5/412005 ) -RODUCER (510) 547-3203 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Aversified Risk Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR -icense #0529776 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1900 Christie Avenue meryville, CA 94608 INSURERS AFFORDING COVERAGE NAIC # NSURED Harris and Associates Inc. INSURER A: Atlantic Specialty Insurance Company Attn: Tracy Rapozo INSURER B: Hartford Fire Insurance Co. 120 Mason Circle INSURER c: American Guarantee & Liability Concord, CA 94520-1238 INsuRERo:Alaska National Insurance Company INSURER E: Continental Casualty Co. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUREMENT, 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. VSR ADDU _TR INSRC TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE fMMIDDIYYI DATE IMMIDD/YY1 ILIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY 718-00-8245-0000 8/112004 8/1 /2005I PREMISES Ea occurence) $ 50,000 CLAIMS MADE FKOCCUR I MED EXP (Any one person) $ 5,000 X /.X11 ..C,. .,U1, I PERSONAL&ADV INJURY $ 1,000,000 X Severability of Interest I GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS - COMP/OP AGG $ 2,000,000 POLICYF-kl LOC JJErT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 B X X ANY AUTO 57UENUL6878 8/1/2004 8/1/2005 (Ea accident) _ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) _ X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT I $ ANY AUTO OTHER THAN EA ACC I $ AUTO ONLY: AGG I $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE I $ 5,000,000 C OCCUR F1 CLAIMS MADE AUC -9305561-02 8/1/2004 8/1/2005 AGGREGATE $ 5,000,000 Is DEDUCTIBLE I I $ RETENTION $ I $ WC S;TATU-WORKERS X OER COMPENSATION AND I I TORY LIMITSI I D EMPLOYERS' LIABILITY 04HWD40007 8/1/2004 8/1/2005 E.L. EACH ACCIDENT I $ 1,000,000 ANY OFFICER/MEMBER EXCLUDED? PROPRIETOR/PARTNERIEXECUTIVE I q 1,000,000 E.L. DISEASE - EA EMPLOYE $ If yes, describe under I I 1,000,000 SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER E Professional Liability AEA113822501 8/1/2004 8/1/2005 Per Claim: 5,000,000 E See Remarks on next pg. AEA113822501 8/1/2004 8/1/2005 Aggregate: 5,000,000 )ESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS n the event of cancellation for non-payment of premium, a 10 day notice will apply. te: Fifth Avenue Bicycle/Pedestrial Pathway Project (H&A #051-0153.01) 1 deductible of $10,000 per claim applies as respects General Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of San Rafael DATE THEREOF, THE ISSUING INSURER WILLXA(MUM }MAIL 30 DAYS WRITTEN Attn: Scott Schneider 111 Morphew Street NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, B San Rafael, CA 94901- X*XNXNXX KK AUTHORIZED REPRESENTATIVE 4CORD 25 (2001/08) © ACORD CORPORATION 1988 ZEMARKS HAF 413-01 AFDI PAGE 1 OF 1 :or Professional Liability coverage, the Aggregate Limit is the total insurance available for all covered claims reported within he policy period. A $150,000 deductible applies to each and every claim submitted under the policy. POLICY #: 718-00-8245-0000 INSURED: Harris and Associates, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED (Section II) is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought that such person or organization be added as an additional insured on your policy. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The person or organization is only an additional insured with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused by `your work" for that additional insured. The insurance provided to the additional insured is limited as follows: a) This endorsement shall not increase the limits stated in Section III - LIMITS OF INSURANCE. b) The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: I. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications: and II. Supervisory or inspection activities performed as part of any related architectural or engineering activities. c) This insurance does not apply to "bodily injury: or "property damage" caused by "your work" included in the "products -completed operations hazard" unless you are required to provide such coverage for the additional insured by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought and then only for the period of time required by such contract or agreement and in no event beyond the expiration date of the policy. 3. Subpart (1)(a) of the Pollution exclusion (Section I — Coverages, part 2. f. of the Commercial General Liability Coverage form) does not apply to you if the "bodily injury" or "property damage" arises out of "your work" performed on premises which are owned or rented by the additional insured at the time "your work" is performed. 4. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought specifically requires that this insurance apply on a primary or non- contributory basis. 5. As a condition of coverage, each additional insured must: a) Give us prompt written notice of any "occurrence" or offense which may result in a claim and prompt written notice of "suit". Atlantic Specialty Insurance Company Page 1 of 2 b) Immediately forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with policy conditions. c) Tender the defense and indemnity of any claim or "suit' to any other insurer which also insures against a loss we cover under this endorsement. This includes, but is not limited to, any insurer which has issued a policy of insurance in which the additional insured qualifies as an insured. For Name of Person or Organization: City of San Rafael, its officers and employees purposes of this requirement, the term "insures against" refers to any self- insurance and to any insurer which issued a policy of insurance that may provide coverage for the loss, regardless of whether the additional insured has actually requested that the insurer provide the additional insured with a defense and/or indemnity under that policy of insurance. d) Agree to make available any other insurance that the additional insured has for a loss we cover under this endorsement. Re: Fifth Avenue BicyclelPedestrial Pathway Project (H&A #051-0153.01) Atlantic Specialty Insurance Company Page 2 of 2 POLICY #: 57UENUL6878 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Named Insured: Harris and Associates Inc. SCHEDULE Name of Person(s) or Organization(s): City of San Rafael, its officers and employees Re: Fifth Avenue BicyclelPedestrial Pathway Project (H&A #051-0153.01) (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. Subject to all other terms and provisions of the policy, such insurance as provided by this endorsement shall be deemed primary, but only with respect to work performed by or for the named insured in connection with the above described contract. Any other insurance maintained by the Additional Insured(s) shall be excess and non-contributory. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 Harris &Associates Exhibit A City of San Rafael Fifth Avenue Bicycle/Pedestrian Pathway Project SCOPE OF WORK I. PROJECT DESCRIPTION Fifth Avenue, a two lane residential street, serves as a major route for Sun Valley Elementary School, located on the corner of Fifth Avenue and Happy Lane. An increase in its use is anticipated after the completion of a proposed residential development near the west end of Fifth Avenue. The purpose of this project is to increase safety for children, pedestrians and bicyclists and also, promote students to walk and bike to school as highly encouraged by the residents, schools, and local pedestrian/bicycle organizations. The proposed improvements include street widening, installing new sidewalks, installing bike pavement delineation and installing additional signage. The project limits, which are shown in Exhibit B, begin from H Street and end at Happy Lane. The project is comprised of two components, which are described below. Section 1. Happy Lane to California Avenue, L ~1,350 ft This section varies in width from 27 feet to 34 feet. From Happy Lane to 365 feet west of California, along the north side of the street is a 4 -foot asphalt concrete path, which is defined by a white stripe at the edge. This condition poses potential danger to children and pedestrians, as striping is a substandard means to separate pedestrians from vehicular traffic. For this 950 -foot section, the project will remove the existing ac pathway and increase the street width to 34 feet. In addition, a new 6 -foot sidewalk with curb and gutter, to serve as a modified Class I bike path, will be installed to allow for both pedestrian and bicycle usage. Existing front yards of approximately 10 homes will be impacted by these improvements as these residents have encroached into the public right-of-way with landscaping, fences, walls and other facilities. Also, based on the limited budget available, it is assumed that the segment of this road crossing an existing creek will not be widened in order to avoid higher costs associated with design and construction of required creek modifications for the widening, such as geotechnical evaluation, retaining wall construction, culvert extension and/or other creek embankment enhancements. For the remaining 365 -foot section west of California Avenue, the existing 4 -foot concrete sidewalk will be replaced with a 6 -foot wide sidewalk. Some of the tasks required for this portion of the project include: (a) coordination with the residents (b) demolition and removal of existing improvements within public right of way to accommodate the new sidewalk and widened street (c) installing ADA ramps at street crossings (d) installing striping for crosswalks (e) installing signage Section 2. California Avenue to H Street, L-=3,585 ft This street portion is 40 feet wide and will be improved by incorporating a Class III bike route with the installation of shoulder striping and signage to both sides of the street. City of San Rafael — Fifth Avenue Bike/Ped Pathway Scope of Work February 23, 2005 I:\Projects\San Rafael\Fifth Avenue Sidewalk\Scope and Fee Proposal\Fifth Ave_Scope of Work.doc Pg. 1 II. APPROACH Harris will be responsible for the design of the new pedestrianibicycle pathway and street widening in compliance with Caltrans, ADA, Marin County and City Standards. Our surveyor subconsultant will provide surveying services to obtain topographic and locate the existing right-of-way to supplement the City's base maps. At the early stage of design, Harris will prepare preliminary plans and a cost estimate to determine if the proposed project costs are within the City's available budget. Harris will work with the City on the coordination with the residents for front yard impacts and modifications. Harris will proceed with preparation of final construction documents after all design issues have been resolved. III. DELIVERABLES 1. Schematic Design Phase 1"=20' Schematic Layout Plan for Section 1 (1 sheet) 1 "=40' Schematic Striping and Signing Plans for Section 2 (4 sheets) Typical Sections (1 sheet) Preliminary Opinion of Probable Construction Costs 2. Prelintinary Desivi (50% Submittal) Title Sheet V=20' 50% Plans for Section 1 (3 sheets) 1"=40' 50% Striping and Signing Plan for Section 1 (1 sheet) 1"=40' 50% Striping and Signing Plans for Section 2 (4 sheets) Typical Sections (1 sheet) Preliminary Opinion of Probable Construction Costs Preliminary Specifications Outline 3. 95% Submittal Title Sheet 1"=20' 95% Plan and Profile Sheets for Section 1 (3 sheets) 1"=40' 95% Striping and Signing Plan for Section 1 (1 sheet) 1"=40' 95% Striping and Signing Plans for Section 2 (4 sheets) Typical Sections & Construction Details (2 sheets) 95% Specifications 95% Preliminary Opinion of Probable Construction Costs 4. Final Submittal Title Sheet V=20' Final Plan and Profile Sheets for Section 1 (3 sheets) City of San Rafael — Fifth Avenue Bike/Ped Pathway Scope of Work February 23, 2005 I:\Projects\San Rafael\Fifth Avenue Sidewalk\Scope and Fee Proposal\Fifth Ave—Scope of Work.doc Pg. 2 1"-40' Final Striping and Signing Plan for Section 1 (1 sheet) 1 "=40' Final Striping and Signing Plans for Section 2 (4 sheets) Typical Sections & Construction Details (2 sheets) Final Specifications Final Opinion of Probable Construction Costs IV. SCHEDULE The anticipated schedule for this work is: Tasks Kick-off Schematic Design City Review 50% Submittal City Review 95% Submittal City Review Final Design Package V. DEFINED TASKS 1. Proiect Mana,zement 1.1 Progress and Review Meetings 1.2 Prepare monthly progress reports 1.3 Subconsultant Management 2. Schematic Design Phase Tentative Milestone Dates April 15, 2005 May 13, 2005 May 27, 2005 June 17, 2005 July 1, 2005 July 22, 2005 August 5, 2005 August 26, 2005 2.1 Kick-off meeting 2.2 Gathering and evaluation of existing background information, including design standards, details, and specifications, monumentation and other property information, utility locations, etc. 2.3 Perform surveying and mapping 2.4 Prepare schematic layout and typical sections 2.5 Prepare preliminary cost estimate 2.6 Perform site visits 2.7 Quality review 2.8 Attend meetings with individual property owners (10 budgeted) City of San Rafael — Fifth Avenue Bike/Ped Pathway Scope of Work February 23, 2005 I:\Projects\San Rafael\Fifth Avenue Sidewalk\Scope and Fee Proposal\Fifth Ave_Scope of Work.doc Pg. 3 3. Preliminary Design Phase (50% Submittal) 3.1 Incorporating comments from Schematic Design Phase to prepare 50% submittal plans 3.2 Prepare 50% Preliminary Opinion of Probable Construction Costs 3.3 Prepare Preliminary Specifications Outline 3.4 Quality Review 3.5 Perform site visits 3.6 Attend Public meetings (2 budgeted) 4. 95% Submittal 4.1 Incorporating comments from 50% submittal to prepare 95% submittal plans 4.2 Prepare 95% Preliminary Opinion of Probable Construction Costs 4.3 Prepare 95% Specifications 4.4 Quality Review S. Final Submittal 5.1 Incorporating comments from 95% submittal to prepare Final Plans 5.2 Prepare Final Opinion of Probable Construction Costs 5.3 Prepare Final Specifications 5.4 Quality Review VI. FEE See Exhibit C - - Level of Effort for fee. VII. PROJECT TEAM Project Director: Project Manager: Project Engineer: CAD Technician: Surveyor: VIII. ASSUMPTIONS Russell Moore, P.E. Jasmine Cuffee, P.E. Ryan Cook, E.I.T. Alvin Armstrong Chaudhary & Associates The assumptions upon which this scope of work is based are attached to Exhibit C, Level of Effort. City of San Rafael — Fifth Avenue Bike/Ped Pathway Scope of Work February 23, 2005 I:\Projects\San Rafael\Fifth Avenue Sidewalk\Scope and Fee Proposal\Fifth Ave—Scope of Work.doc Pg. 4 HARRIS & ASSOCIATES Sheet 1 Of 2 EXHIBIT C - LEVEL OF EFFORT 3/21/2005 CITY OF SAN RAFAEL FIFTH AVENUE BICYCLE/PEDESTRIAN PATHWAY PROJECT HARRIS & ASSOCIATES (Activity Code:) (501) (500) I (501) I (503) (504) I STAFF PD PM PE TECH CL COMMENTS TASK, PHASE, DESCRIPTION HOURS HOURS HOURS HOURS HOURS I TOTALS 1.0 PROJECT MANAGEMENT 1.1 Progress Meetings (4 meetings) 4 1.2 Monthly Progress Reports 4 1.3 Subconsultant Management 4 SUBTOTAL HOURS 0 12 0 0 0 12 SUBTOTAL DOLLARS $0 $1,920 $0 $0 $0 $1,920 2.0 SCHEMATIC DESIGN PHASE 2.1 Kick-off Meeting� 2 2 2 10 1 2.2 Information Gatherin? and Evaluation 2.3 Surveying and Ma ping 4 4 See Sect B for Sub Fees 2.4 Schematic Layout 8� Typical Sections 8 16 4 2.5 Preliminary Cost Estimate 1 8 2.6 Site Visits 2 4 2.5 Quality Review 1 2.6 Meetings with Property Owners (10 budgeted) 10 SUBTOTAL HOURS 3 25 42 8 1 79 SUBTOTAL DOLLARS I $540 $4,000 $3,990 $760 $75 $9,365 3.0 PRELIMINARY DESIGN (50% Submittal Package) 3.1 50% Submittal Plans 1 6 24 14 2 3.2 50% Prelim. 0'nion of Probable Const. Cost 1 10 3.3 Specifications Outline 2 2 3.4 Qualit Review 2 3.5 Site Visits 2 4 2.6 Public Meetin s ((2 budgeted) 4 SUBTOTAL F��URS 2 15 38 14 4 73 SUB 10 IAL DOLLARS $360 $2,400 $3,610 $1,330 $300 $8,000 4.0 95% Submittal Package 4.1 95% Submittal Plans 8 40 20 4.2 95% Opinion of Probable Const. Cost 2 8 4.3 95% Specifications 12 4 4.4 Quality Review 2 SUBTOTAL HOURS 2 22 48 20 4 96 SUB-IOTAL DOLLARS $360 $3,520 $4,560 $1,900 $300 $10,640 5.0 FINAL DESIGN PHASE -` 5.1 Final Plans 8 30 20 5.2 Final Opinion of Probable Const. Cost 4 8 5.3 Final S ecifications 8 4 5.4 Qualit Review 2 - SUBTVAL HOURS 2 20 38 20 4 84 SUBTOTAL DOLLARS $360 $3,200 $3,610 $1,900 $300 $9,370 A. HARRIS HOURS AND COST FOR DESIGN bERVICLS HOURS PER POSITION 9 94 166 62 13 HOURLY RATE (TYPICAL) $1801 $160 $95 $95 $75 HARRIS SUBTOTAL COST $1,620 $15,040 $15,770 $5,890 $975 $39,295 B. SUBCONSULTANT COST - FIRM ROLE COST Chaudhary Surveying, Mapping $6,940 See attached breakdown Chaudhary Right -of -Way Delineation $3,961 See attached breakdown SUBCONSULTANT TOTAL COST: $10,901 C. SUBCONSULTANT MARK-UP (10 %) $1,090 D. TOTAL COST FOR DESIGN SERVICES: The attached assumptions apply to this estimate. $51,286 I %PROJECTS%SAN RAFAELSSCOPE AND FEE PROPOSALTdth Ave Sidewalk FEE AsALS 3/21/2005 HARRIS & ASSOCIATES Sheet 2 Of 2 EXHIBIT C - LEVEL OF EFFORT 3/21/2005 CITY OF SAN RAFAEL FIFTH AVENUE BICYCLE/PEDESTRIAN PATHWAY PROJECT ASSUMPTIONS UPON WHICH PROPOSAL IS BASED: 1 Plan Sheet List (estimate): Description SCALE # Sheets Title and Notes None 1 Plan & Profile Sheets (Section 1) 20 3 Striping & Signing (Section 1) 40 1 Striping & Signing (Section 2) 40 4 Typical Sections & Construction Detc None 2 TOTAL PLAN SHEETS N/A 11 2 Plans will be prepared in English units. 3 Hours and fee are subject to adjustment during scoping session with the City. 4 Hours and fee for individual tasks and phases are a guide; the total hours and fee for the project takes precedence. 5 Hours and fee may need to be renegotiated if the project is delayed by factors beyond Harris' control. 6 Utility companies (other than the City) will design their relocations, if needed. 7 Hours for additional design iterations are not included. S No traffic study is included. 9 The number of budgeted meetings is indicated on the spreadsheet. 10 Printing of final bid documents will be by City (or Harris at cost plus 10%). 11 City comments at each review stage will be presented to Harris on one consolidated set of marked up documents. 12 The City will prepare front-end specifications. 13 Delay in Schedule (as included in Agreement) by factors beyond Harris' control may be cause for negotiation of additional fee. 14 The estimated construction cost is approximately $235,000 as provided by the City. 15 Bid Period Services and Design Services During Construction are not included, but could be added services if desired by the City. 16 Construction Management and Inspection is not included, but could be added services if desired by the City. 17 Design of undergrounding or relocation of joint poles is not included, but could be an added service if desired by the City. MPROJECMSAN RAFAEL\SCOPE AND FEE PROPOSALNFirlh Ae Sldewalk FEE As XLS 3/21/2005 Attachment "A" UI Harris & Associates Scope of Services — Chaudhary & Associates, Inc. Project: San Rafael Fifth Avenue Bicycle/Pedestrian Pathway Project Date: 03-21-05 Surveying: Perform field surveys to provide the Design Engineer adequate topographic information to design street widening and sidewalk improvements as described on Exhibit A. Limits of survey work shall be as shown on attached map: Fifth Avenue between California Avenue and Happy Lane. Note that Section 2 (as described on Exhibit A) will not require survey work. The field survey shall incorporate the following requirements: North Side of the street (from street centerline to 20 feet behind the edge of pavement) • Locate all curbs, gutters, sidewalks, driveways, HC ramps, and visible utility features (valves, water meters, cleanouts, manholes, inlets, vaults, poles, etc.) • Locate all trees, buildings, walls, fences, or other structures • Obtain rim and invert elevations for storm drain manholes and inlets. • Topographic survey at minimum 25' intervals (street crown, lip of gutter, flowline and top of curb, edge of pavement, and back of walk) to adequately describe the existing ground topography of the site • Locate existing right-of-way, which will entail researching existing records and field tying to property corners/street monuments South Side of the street • Obtain top of curb, flowline and lip of gutter at minimum 25' intervals • Locate existing right-of-way, which will entail researching existing records and field tying to property corners/street monuments Other requirements • Incorporate survey information into AutoCAD Release 2000 files, with line work as required to make complete planimetric maps, using the standards specified in Exhibit 1. • Supply to Harris one copy each of the AutoCAD files (on diskette), one plotted (1 "=20') copy of each file, and copies of field notes, drawings, etc., prepared as part of this work. • The City currently has planimetric base sheets with limited topography. The work described herein will be used to supplement the City's base sheets. This scope shall include coordinating with City of Surveyor to ensure that CAD files are on City standard coordinate system and vertical datum. Form: Fxxxx 120 Mason Circle • Concord, California 94520 • (925) 827-4900 x165 9 FAX (925) 827-4982 • jcuffee@harris-assoc.com CHAUDHARY & ASSOCIATES, INC. COST PROPOSAL RIGHT-OF-WAY DELINEATION To: Ms. Jasmine Cuffee, Harris & Associates From: Edward Krumrei, P.E. Ref: Harris & Associates' scope dated March 1, 2005 Subject: Fifth Avenue Bicycle / Pedestrian Pathway Project Section 1, Happy Lane to California Avenue San Rafael, California DIRECT LABOR @ $ 34.12 /hr $ 272.96 Staff * Instrumentman 0.0 hours @ $ 31.03 /hr $ 0.00 OFFICE PERSONNEL @ $ 28.15 /hr .. $ 225.20 Total Hours 16.0 Edward Krumrei Project Manager 2.0 hours @ $ 66.00 /hr $ 132.00 David Adams Project Surveyor 16.0 hours @ $ 47.25 /hr $ 756.00 Elmo Massey Survey Technician 0.0 hours @ $ 43.00 /hr $ 0.00 Arnold Sioco Design Engineer 0.0 hours @ $ 34.50 /hr . $ 0.00 Total Hours 18.0 SUBTOTAL DIRECT LABOR (OFFICE) FIELD PERSONNEL March 21, 2005 05-12-990(001) 888.00 Staff * Party Chief 8.0 hours @ $ 34.12 /hr $ 272.96 Staff * Instrumentman 0.0 hours @ $ 31.03 /hr $ 0.00 Staff * Rodman 8_0 hours @ $ 28.15 /hr .. $ 225.20 Total Hours 16.0 SUBTOTAL DIRECT LABOR (FIELD)......................................................................................... $ 498.16 TOTAL DIRECT LABOR $ 1,386.16 INDIRECT COSTS Overhead & Fringe Benefits: Office: 150.92% x $ Field: 175.53% x $ FEE 10% x $ 3,600.75 OTHER DIRECT COST Reproduction 888.00 $ 1,340.17 ................................................................................................................................................................................. 498.16 $ 874.42 ................................................................................................................................................................................. SUBTOTAL BEFORE FEE $ 3,600.75 $ 360.07 ............................................................................................................................................................................... $ 50.00 TOTAL COST $ 3,960.82 * Prevailing Wage Rates for Field Surveyors pursuant to California Labor Code Part 7, Chapter 1, Article 2, Sections 1770, 1773, and 1773.1 0512990/001/CP Fifth Ave ROWAs March 2, 2005 05-12-990(001) CHAUDHARY & ASSOCIATES, INC. COST PROPOSAL PHOTOGRAMMETRIC MAPPING To: Ms. Jasmine Cuffee, Harris & Associates From: Edward Krumrei, P.E. Ref: Harris & Associates' scope dated March 1, 2005 Subject: Fifth Avenue Bicycle / Pedestrian Pathway Project Section 1, Happy Lane to California Avenue San Rafael, California DIRECT LABOR OFFICE PERSONNEL Edward Krumrei Project Manager 2.0 hours @ $ 66.00 /hr $ 132.00 David Adams Project Surveyor 4.0 hours @ $ ......................... 47.25 /hr ......................... $ 189.00 Elmo Massey Survey Technician 0.0 hours @ $ 43.00 /hr ......................... $ 0.00 Arnold Sioco Design Engineer 16.0 hours @ $ 34.50 /hr$ ........................ 552.00 Total Hours 22.0 SUBTOTAL DIRECT LABOR (OFFICE) ....................................................................... $ 873.00 FIELD PERSONNEL Staff . Party Chief 24.0 hours @ $ 34.12 /hr $ 818.88 Staff . Instrumentman 0.0 hours @ $ 31.03 /hr $ 0.00 Staff ' Rodman 24.0 hours @ $ ......................... 28.15 /hr $ 675.60 Total Hours 48.0 SUBTOTAL DIRECT LABOR (FIELD) ......................................................................................... $ 1,494.48 TOTAL DIRECT LABOR .................................................................................................................. $ 2,367.48 INDIRECT COSTS Overhead & Fringe Benefits: Office: 150.92% x $ 873.00 $ 1,317.53 Field: 175.53% x ................................................................................................................................................................................. $ 1,494.48 $ 2,623.26 ................................................................................................................................................................................. SUBTOTAL BEFORE FEE $ 6,308.27 FEE ......................................................................................... 10% x $ 6,308.27 $ 630.83 OTHER DIRECT COST ................................................................................................................................................................................................................... $ 0.00 TOTAL COST $ 6,939.10 Prevailing Wage Rates for Field Surveyors pursuant to California Labor Code Part 7, Chapter 1, Article 2, Sections 1770, 1773, and 1773.1 0512990/001/Harris Fifth AveAs s I u :vE�\`G C6 Sun Valley Elementary IncrOa(s 1§t et will, dtt o\34 mini��s sInstall., vuu% ike/pedestrian path. !'JAY FOr, A 71 � c r DR �c p� a OVA / O J l /VF:.4J6 cf c A �F EvT 9 OF �• t r RE`J•l' tall s oul er stYip�n o� n - _L L - -- - -,VJ co A� T 'Ewide�r ad FD(UJ RT E o Js q N S J CRE`hJFJFCD r FSC,`^/ `P.�Ov �,� s REFr �. i AVE- ��i AND r IJ 1 J1 1 FRE ON 1 EL F�JR'yJCC S C :ppEF Fifth Avenue Bicycle/Pedestrian Pathway Project Length: 4900' Location: Fifth Avenue NOKTf f Limit5: H Street to Happy Lane Not to 5cale EXHI13IT 15 HARRAND-01 AFDI ACO D, CERTIFICAT ` OF LIABILITY INSURAI►,,0EI DATEE(M/2005 ) PRODUCER (510) 547-3203 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Diversified Risk Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0529776 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 5900 Christie Avenue Emeryville, CA 94608 INSURERS AFFORDING COVERAGE NAIC # INSURED Harris and Associates Inc. INSURER A: Atlantic Specialty Insurance Company Attn: Tracy Rapozo INSURER B: Hartford Fire Insurance Co. 120 Mason Circle INSURER c: American Guarantee & Liability Concord, CA 94520-1238 ( INSURER D: Alaska National Insurance Company INSURER E: Continental Casualty Co. COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDU POLICY EFFECTIVE POLICY EXPIRATION LTR INSRE TYPE OF INSURANrc POLICY NUMBER DATE IMM/DD/YYI DATE IMM/DD/YYI LIMITS GENERAL LIABILITY A X X COMMERCIAL GENERAL LIABILITY 718008245-0001 1 CLAIMS MADE F-50 OCCUR X„X...,C„ „ill X Severability of Interest GENT AGGREGATE LIMIT APPLIES PER X I PFI° I I LOC 7 POLICYFX AUTOMOBILE LIABILITY B X X ANY AUTO 57UENUL6878 _ ALL OWNED AUTOS _ SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS/UMBRELLA LIABILITY C il OCCUR EICLAIMS MADE AUC9305561-03 8/1/2005 8/1/2005 8/1/2006 8/112006 DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND D EMPLOYERS' LIABILITY 05HWD40007 8/1/2005 8/1/2006 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER E Professional Liability AEA113822501 8/1/2005 8/112006 E See Remarks on next page AEA113822501 8/1/2005 8/112006 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS n the event of cancellation for non-payment of premium, a 10 day notice will apply. COMBINED SINGLE LIMIT $ (Ea accident) BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EACH OCCURRENCE $ AGGREGATE $ $ $ X WC STATU- I TORYIM TS I I OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ Per Claim: Aggregate: 1,000,00 50,00 5,00 1,000,00 2,000,00 2,000,00 1,000,000, 5,000,00 5,000,00 1,000,000 1,000,000 1,000,000✓ 5,000,000 5,000,000 05 : I L c1 d:1, 1 - Re: Fifth Avenue Bicycle/Pedestrial Pathway Project (H&A #051-0153.01). The City of San Rafael, its officers and employees are named as additional insured (Gen. & Auto Liab.), if required by written contract/agreement, per attached Atlantic Specialty Ins. Co. Additional Insured endorsement, and CA2048 0299. A deductible of $10,000 per claim applies as respects General Liability. `.!'?1 I„' 13 - :' );; CERTIFICATE HOLDER City of San Rafael Attn: Scott Schneider 111 Morphew Street San Rafael, CA 94901- A60Ro 25 12nn1 /ORi #9„ - o I I -i , i f CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILLAXXXX Y6MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, B XDWE 0€olQrVJ= AUTHORIZED REPRESENTATIVE n © ACORD CORPORATION 1988 EACH OCCURRENCE $ 8/1/2005 8/1/2006 PREMISES Eaoccurencel $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ 8/1/2005 8/1/2005 8/1/2006 8/112006 DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND D EMPLOYERS' LIABILITY 05HWD40007 8/1/2005 8/1/2006 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER E Professional Liability AEA113822501 8/1/2005 8/112006 E See Remarks on next page AEA113822501 8/1/2005 8/112006 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS n the event of cancellation for non-payment of premium, a 10 day notice will apply. COMBINED SINGLE LIMIT $ (Ea accident) BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EACH OCCURRENCE $ AGGREGATE $ $ $ X WC STATU- I TORYIM TS I I OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ Per Claim: Aggregate: 1,000,00 50,00 5,00 1,000,00 2,000,00 2,000,00 1,000,000, 5,000,00 5,000,00 1,000,000 1,000,000 1,000,000✓ 5,000,000 5,000,000 05 : I L c1 d:1, 1 - Re: Fifth Avenue Bicycle/Pedestrial Pathway Project (H&A #051-0153.01). The City of San Rafael, its officers and employees are named as additional insured (Gen. & Auto Liab.), if required by written contract/agreement, per attached Atlantic Specialty Ins. Co. Additional Insured endorsement, and CA2048 0299. A deductible of $10,000 per claim applies as respects General Liability. `.!'?1 I„' 13 - :' );; CERTIFICATE HOLDER City of San Rafael Attn: Scott Schneider 111 Morphew Street San Rafael, CA 94901- A60Ro 25 12nn1 /ORi #9„ - o I I -i , i f CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILLAXXXX Y6MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, B XDWE 0€olQrVJ= AUTHORIZED REPRESENTATIVE n © ACORD CORPORATION 1988 REMARKS NRRAND-01 AFDI PAGE 1 OF 1 For Professional Liability coverage, the Aggregate Limit is the total insurance available for all covered claims reported within the policy period. A $150,000 deductible applies to each and every claim submitted under the policy. POLICY #: 718-00-824j-0001 INSURED: Harris and Associates, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED This endorsement modifies insurance provided under the following: 2. COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED — (Section II) is amended to include as an additional insured any person or organization you are required to add as an additional insured under this policy in a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The person or organization is only an additional insured with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused by "your work" performed under the written contract or written agreement. The insurance provided to the additional insured is limited as follows: a) This endorsement shall not increase the limits stated in Section III — LIMITS OF INSURANCE. b) The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: I. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications: and II. Supervisory or inspection activities performed as part of any related architectural or engineering activities. c) This insurance does not apply to "bodily injury: or "property damage" caused by "your work" included in the "products -completed operations hazard" unless you are required to provide such coverage for the additional insured by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought. 3. Subpart (1)(a) of the Pollution exclusion (Section I — Coverages, part 2. f. of the Commercial General Liability Coverage form) does not apply to you if the "bodily injury" or "property damage" arises out of "your work" performed on premises which are owned or rented by the additional insured at the time "your work" is performed. 4. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought specifically requires that this insurance apply on a primary or non- contributory basis. 5. As a condition of coverage, each additional insured must: a) Give us prompt written notice of any "occurrence" or offense which may result in a claim and prompt written notice of "suit". Atlantic Specialty Insurance Company Page I of 2 b) Immediately forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with policy conditions. c) Tender the defense and indemnity of any claim or "suit" to any other insurer which also insures against a loss we cover under this endorsement. This includes, but is not limited to, any insurer which has issued a policy of insurance in which the additional insured qualifies as an insured. For Atlantic Specialty Insurance Company purposes of this requirement, the term "insures against" refers to any self- insurance and to any insurer which issued a policy of insurance that may provide coverage for the loss, regardless of whether the additional insured has actually requested that the insurer provide the additional insured with a defense and/or indemnity under that policy of insurance. d) Agree to make available any other insurance that the additional insured has for a loss we cover under this endorsement. Page 2 of 2 POLICY #: 57UENUL6878 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Named Insured: Harris and Associates Inc. SCHEDULE Name of Person(s) or Organization (s): Any person or organization with whom you agreed, pursuant to a written contract or written agreement to provide insurance such as is afforded under this policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section 11 of the Coverage Form. Subject to all other terms and provisions of the policy, such insurance as provided by this endorsement shall be deemed primary, but only with respect to work performed by or for the named insured in connection with the above described contract. Any other insurance maintained by the Additional Insured(s) shall be excess and non- contributory. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1