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HomeMy WebLinkAboutCC Resolution 11748 (ADA Curb Ramps)RESOLUTION NO. 11748 A 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 THE 2005 ADA CURB RAMP PROJECT AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE THE AGREEMENT IN AN AMOUNT NOT TO EXCEED $45,000 WHEREAS, The City of San Rafael signed a Settlement Agreement with the Department of Justice regarding ADA compliance in the City; and WHEREAS, the City agreed to install curb ramps during new repaving projects and past projects since 1992; 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 $40,870 to be acceptable and within industry standards and have added approximately 10% for design contingencies for a total amount of $45,000; NOW, THEREFORE, BE IT RESOLVED that the City of San Rafael accepts the proposal from Harris & Associates for engineering services for the 2005 ADA Curb Ramp 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 $45,000. RESOLVED, FURTHER, 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. RIGIL �1� 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 the 18t" day of April, 2005, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Hel l er, Mi 11 er and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips JE NE M. LEONCIl�I, City Clerk File No.: 16.01.230 AGREEMENT FOR PROFESSIONAL SERVICES FOR THE 2005 ADA CURB RAMP PROJECT This Agreement is made and entered into this 18`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 2005 ADA Curb Ramp Project (hereinafter "PROJECT"); and WHEREAS, the City signed a Settlement Agreement with the Department of Justice regarding ADA compliance; and WHEREAS, the City agreed to install curb ramps during new repaving projects and past projects since 1992; 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 CONTRACTOR 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 4�9 fir 5rt r _� 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 March 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 $45,000. 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. Agreement • 2 D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONSULTANT and any and all of CONSULTANT's documents and materials 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. Agreement • 3 B. The insurance coverage required of the CONSULTANT by Section 10. A., shall also meet the following requirements: 1. 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, Agreement • 4 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. 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: Mr. Russell Moore, 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 Agreement • 6 breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 20. COSTS AND ATTORNEY'S FEES The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE/OTHER TAXES 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. PREST Director of Public W, ATTEST: JE& M LEONCINI, City Clerk APPR . b O EORM: 1- GARY T. RA VGHIAN I, City Attorney CONSULTANT HARRIS & ASSOCIATES By. JA1ss l ( A Its: V k'cx- Agreement • 7 I. II. Im an HarriExhibit A s &Associates City Ci of San Rafael 2005 ADA Curb Ramp Project SCOPE OF WORK PROJECT DESCRIPTION In 2004, the City of San Rafael signed a Settlement Agreement with the Department of Justice regarding ADA compliance of City infrastructure. In the agreement, the City agreed to install curb ramps during construction of all future street repaving projects, as well as all street repaving projects constructed since 1992. The City has identified approximately 800 curb ramps that are required due to street repaving projects since 1992, and the Settlement Agreement allows ten years for construction of the ramps. To complete the required ramps by the August 5, 2014 deadline, the City needs to construct approximately 80 curb ramps per year. The purpose of this project is to prepare construction documents for the curb ramps that are to be constructed this year. APPROACH Harris will be responsible for the preparation of construction documents for the installation of curb ramps throughout the City using ADA design guidelines. The City will provide locations of the proposed curb ramp sites. For this scope, we have assumed that 80 curb ramps will be constructed. Details, plans and plans for each curb ramp site will be prepared on 8 %2" x 11" sheets, which will be attached to the project specifications. DELIVERABLES 1. Preliminary Desien Phase 8 %2"x11" (1"=10'scale) Layout Plan per Site (up to 80 sheets) 8 %2"x11" Sheet of 1-2 Photos per Site (80 sheets) Specifications Outline Preliminary Opinion of Probable Construction Costs 2. Final Desinn 1"=10' scale -8 Y2"x11" Plan & Detail per Site (up to 80 sheets) 8 %2"x11" Sheet of 1-2 Photos per Site (80 sheets) Final Specifications Final Opinion of Probable Construction Costs City of San Rafael — ADA Curb Ramps Scope of Work March 23, 2005 Pg. 1 IV. SCHEDULE The anticipated schedule for this work is: Tasks Kick-off Preliminary Design Package City Review Meeting Final Design Package V. DEFINED TASKS 1. Proiect Manapen:ent 1.1 Progress and Review Meeting (1 budgeted) 1.2 Prepare monthly progress reports 2. Preliininary Design Phase 2.1 Kick-off meeting Tentative Milestone Dates April 15, 2005 May 13, 2005 May 27, 2005 June 17, 2005 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 site visit with City 2.4 Perform surveying at each site 2.5 Prepare Preliminary Plans & Photo Sheets 2.6 Prepare Preliminary Opinion of Probable Construction Costs 2.7 Prepare Preliminary Technical Specifications 2.8 Quality Review 3. Final Desion Phase 3.1 Prepare Final Plans and Details 3.2 Prepare Final Opinion of Probable Construction Costs 3.3 Prepare Final Technical Specifications 3.4 Quality Review City of San Rafael — ADA Curb Ramps Scope of Work March 23, 2005 Pg. 2 VI. FEE See Exhibit C — Level of Effort for fee. VII. PROJECT TEAM Project Director: Project Manager: Project Engineer: Cad Technician VIII. ASSUMPTIONS Russell Moore, P.E. Jasmine Cuffee, P.E. Ryan Cook, E.I.T. Alvin Armstrong The assumptions upon which this scope of work is based are attached to Exhibit B, Level of Effort. City of San Rafael — ADA Curb Ramps Scope of Work March 23, 2005 Pg. 3 HARRIS ASSOCIATES EXHIBIT B - LEVEL OF E -ORT CITY OF SAN RAFAEL 2005 ADA CURB RAMP PROJECT I HARRIS & ASSOCIATES (Activity Code:) (501)I (500) I (501) I (503) I (504) STAFF PD PM PE TECH CL TASK, PHASE. DESCRIPTION �_ HOURS . HOURS HOURS HOURS HOURS 1.0 PROJECT MANAGEMENT 1.1 Progress Meetings & Review (1 budgeted) i 1.2 Month l Progress Reports I 2 SUBTOTAL HOURSI 0 4 0 0 0 SUBTOTAL DOLLARS 1 $01 $640 $01 $0 SO 2.0 PRELIMINARY DESIGN PHASE 2.1 Kick-off Meeting I I 2 2 1 1 2.2 Information Gatherinrwand Evaluation j 2 16 1 1 2.3 Perform site visit with City I 8 1 2.3 Perform survexina at each site I 8 40 321 2.4 Prepare Preliminary Plans & Photos I 12 80 301 8I 2.5 Preliminary O,imon of Probable Const. Cost 2 2 1 1 2.6 Prepare Prel minary SpecificationI I 16 I 61 2.7 QualitX Review 2! I 1 SUBTOTAL HOURS 1 2I 501 1401 621 141 SUBTOTAL DOLLARS 1 $3601 $8,0001 $13,300 $5,8901 51,050 3.0 FINAL DESIGN PHASE 3.1 Final Plans & Details 1 121 60 20 3.2 Final Opinion of Probable Const. Cost I 21 3.3 Final Technical Specifications I 8 21 3.4 Quali Review I 2 1 SUBTOTAL HOURS I 2 22 60 201 21 SUBTOTAL DOLLARS 1 $360 $3,5201 $5,7001 $1,9001 $1501 A. HARRIS HOURS AND COST FOR DESIGN SERVICES HOURS PER POSITION 4 761 2001 82 16 HOURLY RATE (TYPICAL) 51801 $1601 $95� $9fi $7F HARRIS SUBTOTAL COST $720 512,160 $19,000 $7,790 51,200 B. SUBCONSULTANT COST - FIRM ROLE 1 I i COST 1 1 Sheet 1 Of 2 3/23/2005 COMMENTS TOTALS SUBCONSULTANT TOTAL COST: C. SUBCONSULTANT MARK-UP ( 10 %) D. TOTAL COST FOR DESIGN SERVICES : The attached assumptions apply to this estimate. 4 I $640 268 $28,600 Z» M - M 106 M $11,630 $40,870 $0 $0 $40,870 'PROJECTS USAN RAFAEL S:::==A ,D FEE PROPOSAU-1005 ADA R.i nos FEE . s XLS 3/23/2005 HARRIS ASSOCIATES Sheet 2 Of 2 EXHIBIT B - LEVEL OF E 'ORT 3/23/2005 CITY OF SAN RAFAEL 2005 ADA CURB RAMP PROJECT ASSUMPTIONS UPON WHICH PROPOSAL IS BASED: 1 8 1/2" x 11" Sheet List (estimate): Description SCALE J# Sheets Plan & Detail Sheets 10 80 Photos None 80 TOTAL SHEETS N/A 160 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. 8 The number of budgeted meetings is indicated on the spreadsheet. 9 Printing of final bid documents will be by City (or Harris at cost plus 5%). 10 City comments at each review stage will be presented to Harris on one consolidated set of marked up documents. 11 The City will prepare front-end specifications. 12 Delay in Schedule (as included in Agreement) by factors beyond Hams' control may be cause for negotiation of additional fee. 13 Bid Period Services and Design Services During Construction are not included, but could be added services if desired by the City. 14 Construction Management and Inspection is not included, but could be added services if desired by the City. 15 Fee is based on design of 80 curb ramps. I IPRWECTS�SAN RAFAELkSCOPE AND FEE PROPOSA02005 AOA Ramps FEE As XLS 3/23/2005 HARRAND-01 AFDI ACQRD CERTIFICATE )F LIABILITY INSURANC I DATD/YYYY) r-- rM 5/4/2 5/4/2005 'RODLCER (510) 547-3203 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION )iversified Risk Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE #0529776 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR .icense ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. .900 Christie Avenue Emeryville, 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 INSURER D:Alaska National Insurance Company INSURER E: Continental Casualty Co. :OVERAGES 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. ISR'ADD'L TR INSRr TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIDDIYYI DATE fMMIDDIYYI LIMITS I GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 >t X X COMMERCIAL GENERAL LIABILITY 718-00-8245-0000 8/1/2004 8/1/2005 I PREM SES Ea occurence) 5 50,0001 CLAIMS MADE OCCUR I MED EXP (Any one person) I S 5,000 X"x�� ��c�� ��u�� PERSONAL &ADV INJURY S 1,000,000 _ )C Severability of Interest I GENERAL AGGREGATE I S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS - COMP/OP AGG I S 2,000,000 7 POLICYFX X LOC ,PjFCO- AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,000 3 X X ANY AUTO 57UENUL6878 8/1/2004 8/1/2005 (Ea accident) _ ALL OWNED AUTOS BODILY INJURY s I SCHEDULED AUTOS (Per person) _ X HIRED AUTOS I BODILY INJURYI S x NON -OWNED AUTOS (Per accident) PROPERTY DAMAGES (Per accident) GARAGE LIABILITY I AUTO ONLY - EA ACCIDENT I S ANY AUTO I OTHER THAN EA ACC I S AUTO ONLY: AGG S EXCESS/UMBRELLA LIABILITY I EACH OCCURRENCE Is 5,000,000 OCCUR EICLAIMSMADE AUC -9305561-02 8/1/2004 8/1/2005 I AGGREGATE Is 5,000,000 Is DEDUCTIBLE I I S RETENTION SWC S WORKERS COMPENSATION AND I x I TORY LII ITS I I OER EMPLOYERS' LIABILITY 04HWD40007 8/1/2004 8/1/2005 I E.L. EACH ACCIDENT Is 1,000,000 ANY ECUTIVE OFFICERIMEM ER EXCLUDED? I d 1� 000� 000 E.L. DISEASE - EA EMPLOYE S If yes, describe under SPECIAL PROVISIONS below I E.L. DISEASE - POLICY LIMIT I S 1,000,000 OTHER Professional Liability AEA113822501 8/1/2004 8/1/2005 Per Claim: 5,000,000 See Remarks on next pg. AEA113822501 8/1/2004 8/1/2005 Aggregate: 5,000,000 'SCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS the event of cancellation for non-payment of premium, a 10 day notice will apply. :: 2005 ADA Curb Ramp Project (H&A #051-0154.01) deductible of $10,000 per claim applies as respects General Liability. ERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of San Rafael DATE THEREOF, THE ISSUING INSURER WILLXk'6 )9 MAIL 30 DAYS WRITTEN Attn: Scott Schneider NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BDA 111 Morphew Street San Rafael, CA 94901- xWx0QW xxU AUTHORIZED REPRESENTATIVE CORD 25 (2001/08) © ACORD CORPORATION 1988 REMARKS HARRAND-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: 2. 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 Pagel 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: 2005 ADA Curb Ramp Project (H&A #051-0154.01) 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: 2005 ADA Curb Ramp Project (H&A #051-0154.01) (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 If 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 GENERAL LIABILITY HARRAND-01 AFDI ACORD,-. CERTIFICA' 7 OF LIABILITY INSUR' ICEI DATEE(MM/DD rYYYY) CLAIMS MADE FKI OCCUR I MED EXP (Any one person) $ 5 PRODUCER (510) 547-3203 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Diversified Risk Insurance Brokers I PRODUCTS - COMP/OP AGG S ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0529776 fCPRO HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR AUTOMOBILE LIABILITY ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 5900 Christie Avenue 8/1/2005 8/1/2006 (Ea accdentjINGLELIMIT ALL OWNED AUTOS — Emeryville, CA 94608 BODILY INJURY $ SCHEDULED AUTOS I (Per person) _ X HIRED AUTOS 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 I 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 ADD' LJ LTR INSRd TYPE nF INSURANCE POLICY EFFECTIVE POLICY EXPIRATION POLICY NUMBER DATE IMM/DD/YYI DATE IMM/On/YYI LIMITS GENERAL LIABILITY I EACH OCCURRENCE S A X X COMMERCIAL GENERAL LIABILITY 718008245-0001 8/1/2005 8/1/2006 I PREMISES Ea occurencel $ CLAIMS MADE FKI OCCUR I MED EXP (Any one person) $ X 1.x, C�� U�� I PERSONAL & ADV INJURY I $ Severability of Interest I GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS - COMP/OP AGG S POLICY n LOC fCPRO AUTOMOBILE LIABILITY COMBINED $ B X X ANY AUTO 57UENUL6878 8/1/2005 8/1/2006 (Ea accdentjINGLELIMIT 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 ANY AUTO EXCESS/UMBRELLA LIABILITY C _R1 OCCUR EICLAIMSMADE AUC9305561-03 8/1/2005 8/1/2006 DEDUCTIBLE RETENTION S WORKERS COMPENSATION AND D EMPLOYERS' LIABILITY 05HWD40007 8/1/2005 8/1/2006 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, descnbe under SPECIAL PROVISIONS below OTHER E Professional Liability AEA113822501 8/1/2005 8/1/2006 E See Remarks on next page AEA113822501 8/1/2005 8/1/2006 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS In the event of cancellation for non-payment of premium, a 10 day notice will apply. AUTO ONLY - EA ACCIDENT I $ OTHER THAN EA ACC I $ AUTO ONLY: AGG I S EACH OCCURRENCE I $ (AGGREGATE $ I$ I$ I I$ X I WC STATU- TORY LIMITS I I OER E.L. EACH ACCIDENT I $ E.L. DISEASE - EA EMPLOYEEI $ I E.L. DISEASE - POLICY LIMIT $ Per Claim: Aggregate: d -2 - Re: 2005 ADA Curb Ramp Project (H&A #051-0154.01). 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 endorsleMgnt, algd, _ CA2048 0299. A 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 Attn: Scott Schneider DATE THEREOF, THE ISSUING INSURER WILL)OUMMMMAIL 30 DAYS WRITTEN 111 Morphew Street NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, B San Rafael, CA 94901- x*X0WX0XX" AUTHORIZED REPRESENTATIVE n ACORD 25 (2001/08) © ACORD CORPORATION 1988 REMARKS HARRAND-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- 3-0001 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 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 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. 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 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