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Home My WebLink AboutCC Resolution 11475 (General Plan 2020; Clearwater Hydrology)RESOLUTION NO. 11475 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING AMENDMENT TO AGREEMENT WITH CLEARWATER HYDROLOGY RE. SAN RAFAEL GENERAL PLAN 2020 (P00-07) (COMMENCING ON JANUARY 16, 2001 AND ENDING ON JUNE 30, 2004, IN AN AMOUNT NOT TO EXCEED $21,850) WHEREAS, On January 16, 2001, the City of San Rafael (CITY) entered into an Agreement with Clearwater Hydrology (CONTRACTOR) for the provision of planning consulting services in connection with the preparation of background information, policy development and environmental review pertaining to hydrology in San Rafael General Plan 2020; and, WHEREAS, said Agreement provided for planning services in an amount not to exceed $19,900; and, WHEREAS, due to additional requirements for background and analysis, the CITY has determined that CONTRACTOR'S services need to be extended, and the contract increased a comensurate amount, and the CITY and CONTRACTOR now desire to amend the term of the Agreement; and, WHEREAS, the CONTRACTOR has the expertise and experience to perform the required professional services and is willing and able to continue to provide said services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael that it hereby approves and authorizes the City Manager to sign the Professional Services Agreement amendment with Clearwater Hydrology, a sole proprietor, for consulting services in connection with the San Rafael General Plan 2020 project for an additional amount of $1,950, the total contract expenditure not to exceed $21,850. 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 20th day of January, 2004, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips & Vice -Mayor Miller NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro JEE M. LEONCINI, City Clerk u�GIAL 1� AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND CLEARWATER HYDROLOGY FOR PROFESSIONAL SERVICES This Amendment to Agreement is made and entered into this 20th day of January, 2004 by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Clearwater Hydrology, a sole proprietor (hereinafter "CONTRACTOR"). RECITALS WHEREAS, on January 16, 2001, the City of San Rafael (CITY) entered into an Agreement with Clearwater Hydrology (CONTRACTOR) for the provision of planning consulting services in connection the preparation of San Rafael General Plan 2020 and the Environmental Impact Report; and, WHEREAS, due to legal review, the CITY has determined that CONTRACTOR'S services need to be expanded to include additional research and analysis for the Environmental Impact Report, and the contract increased a comensurate amount; and the CITY and CONTRACTOR now desire to amend the term of the Agreement; and, WHEREAS, the CONTRACTOR has the expertise and experience necessary to perform the required professional services and is willing and able to continue to provide said services. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. Paragraph 4 of the Agreement is amended to read as follows: "For the Rill performance of the services described herein by CONTRACTOR, CITY shall pay contractor as described in Exhibits "A" in the January 16, 2001 agreement and `B" attached and incorporated herein, in a total amount not to exceed $21,850. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR." 2. All other covenants, terms and conditions of the original Agreement, as amended on February 18, 2003 to extend the terms of the contract, remain in full force and effect for the term of the Amended Agreement. 1 �a CVJ � ll IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL ROD GOULD, City Manager ATTEST: J-YAi,INE M. LEONCINI, City Clerk APPROVV�j AS TO FORM: Gus Kuinan, As istant City Attorney CONTRACTOR Name: Title: 2 EXHIBIT B Dec. 17, 2003 Linda Jackson City of San Rafael San Rafael Community Devel. Dept. P.O. Box 151560 San Rafael, CA 94915 RE: Scope of work and budget for review of attorney comments to Hydrology and Water Quality section of ADEIR on General Plan Update and revision of text Dear Linda, I've reviewed the Dec. 10, 2003 memorandum from the City's consulting attorneys regarding the referenced ADEIR section. Although the memo refers to additional comments on the section text, I have not seen or reviewed any such memo. Based on the comments outlined in the Dec. 10 memo, CH will reorganize the impact discussions to incorporate the bulk of the GP Update mitigations. Accordingly, the conclusions regarding extent of each cited impact will be re-evaluated and the required mitigations will be reassessed to match the amended impact discussions. I estimate that this rewriting/re-formatting of the Hydrology and W.Q. section will take roughly 16 hours. Thus, the not -to -exceed cost will total $1,950, including expenses. We can begin work on the amendments as soon as we receive your authorization. Also, if specific text corrections were supplied by the attorneys, I ask that you/they forward this information to me via e-mail as soon as possible. Yours truly, William Vandivere, P.E. Principal Clearwater Hydrology 2974 Adeline St. Berkeley, CA 94703 (510)841-1836 CLEARWATER HYDROLOGY I LU UL LUU4 I IUIj U I. JU I- 11 W I LLVYI ULGIY I IYJURnIVV G r nA IVU. 4UO Oil OU I r I UG AC, &D,. CERTIFICATE OF LIABILITY INSURANCE DATE(MldlDDrrY) ! 01/27/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA71ON ROSS PETERSON, WILLOW GLEN INS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1500 E HAMILTON AVE STE 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CAMPBELL CA 95008 INSURERS AFFORDING COVERAGE INSURED INSURER A TRANSPORTATION INSURANCE CO _ WILLIAM R. VANDIVERE INSURERS. CONTINENTAL CASUALTY CO DBA: CLEARWATER HYDROLOGY fh�IN'NAERC 2974 ADELINE ST INSURER D BERKELEY CA 94703 INSURER E: 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 WBR TYPE OF INSURANCE POLICY NUMBER POt�POLJCY EIPY.ATION jTT1 DAT/MMlbM LIMITS GENERAL LIABILITY 2024249188 0 2/;01r04 0 2/ 01 / 0 5 EACH OCCURRENCE 61,000,0 0 0 A V COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any Gnu Ilse) 119-0 1 0 0 0 CLAIMS MADE OCCUR MED EXP (Any ens penonl $10,000 PERSONAL 6 ADV INNRY s l 0 0 0, 0 0 0 GENERAL AGGREGATE S 2 T 0 0 0, 0 0 1) GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGO j152 , 0 0 0 , 0 0 O 7 POLICY I FC7 LOC— AUTDMGBRL LIASLLITY COMB'NEO SINGLE LIMIT ANY AUTO (EA Ycclden0 — ' 1 10 0 0, 0 0 0 ALL OWNED AUTOS BODLY INJURY SCHEDULED AUTOS (ParPeroon) b A 7! HIRED AUTOS 2024249188 02/01/04 02/01/05 BODILY NJURv y NON•OWNEO AUTOS (Per locclaenB $ PROPERTY DAMAGE $ (Plot loccldem) GARAOS UABRJT`r AUTO ONLY . EA ACCIDEN+cs, _ ANY AUTO OTHER THAN EA A AUTO ONLY AGO S EXCESS LIABILM EACH OCCURRENCE b _ OCCUR CLAIMS MADE AGGREGATE Jr. _ 4 _ DEDUCPBLf 19 _ �11 RETENTION b g WORKERS COMPERSATTON AND —J TWO STATu• 0TH. EMPT.OYERS' LIIARKITY - E.L. EACH ACCIDENT S __ EL DISEASE - EA EMPLOYEE S _ E.L. DISEA4E • POLICY LIMIT b OTHER B PROF LIABILITY SFE114000120 05/16/03 05/16/04 1,000,000 DESCRIPTION OF OPERATTONL'LOCATIONi/MICLE01EXCLUMONS ADDED BY ENDOAGEMENT711PECIAL FRDYIBIONs CERTIFICATE HOLDER IS NAMED AS ADDITONAL INSURED PER G-123127-5 10 DAY NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM CERTIFIQ TE HOLDER I J I ADDITIONAL INSURW; INSURER Lrrma: A CANCELLATION SAIL RAFAEL COMMUNITY SHOULD ANY OF THE ABOVE DPECRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DEVELOPMENT DEPATMENT DATE THEREOF, THE ISSUWO INSURER WU MrAVOR TO MAIL 3 0 DAYS wRrrmN CITY OF SAN RAFAEL NOTICE TO THE CER11MATY NOLDER NAMED TO THE LEFT, BUT FAIWRE TO DO 60 SMALL P.O. BOX 151560 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE WALIAM, IIS AGENTS OR SAN RAFAEL , CA 94915-1560 RPARP.BENTATIVES, (4 15) 485 — 3 18 4 A�LjTT^ REPRIEseNrATwe�\ ACORD 25.6 (7/67) O ACORD CORPORATION IM I LU UG LUU'i I IVII U I - JV III 1"11 LLVV1 ULLII l Ilk) UIU IIIV L CNA For- Ap Ihu Ca R7ilm"nU W" Make' I IIII IlV, 1 U ./I I VUIU 1 i UJ G-11 23127-B (Ed. 12/02) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SHIT, SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE BLANKET WAIVER OF SUBROGATION Architects, Enginsers and Surveyors This endorsement modifies insurance provided under the following: BUSINESS ACCOUNT PACKAGE POLICY— BUSINESS LIABILITY COVERAGE FORM BUSINESS ACCOUNT PACKAGE POLICY — COMMON POLICY CONDITIONS A. WHO IS AN INSURED (Section C) of the Business Liability Coverage Form is amended to include as an insured any person or organization whom you are required to add as an additional Insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the 'bodily injury,' 'property damage," 'personal injury' or *advertising injury.' B. The insurance provided to the additional insured is limited as follows 1. That person or organization is an additional insured solely for liability due to your negligence specifically resulting from 'your work' for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less C These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations 3. The coverage provided to the additional insured within this endorsement and section titled DEFINITIONS — "Insured Contract" (Section F.6) within the Business Liability Coverage Form, does not apply to "bodily injury' or "property damage" arising out of the 'products -completed operations hazard" unless required by the written contract or written agreement 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage,' 'personal injury" or *advertising injury" arising out of an archilecl's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as construction manager; or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager. 5. This insurance does not apply to 'bodily injury,' "property damage,' 'personal injury' or "advertising injury' arising out of - a. The construction or demolition work while you are acting as a construction or demolition contractor. This exclusion does not apply to work done for or by you at your premises. GENERAL CONDITIONS — Duties In The Event of Occurrence, Offense, Claim or Suit (Section E.2) of the Business Liability Coverage Form is amended to add the following. An additional insured under this endorsement will as soon as practicable 1. Give written notice of an occurrence or an offense to us which may result in a claim or 'suit' under this Insurance; 2. Tender the defense and indemnity of any claim or "suit' to us for a loss we cover under this Coverage Part, G -123127-B Page 1 of 2 (Ed. 12/02) rnn-ULCLUU4 IIU14 UI,U7 rll WILLUW ULN1 IIYJUKI-INUL Coll IVU, 4Ub 311 yb10 i, U4 G -123127-B (Ed. 12/02) 3. Tender the defense and indemnity of any claim or .suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and 4. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. We have no duty to defend or rndemnlfy an additional insured under this endorsement until we receive written notice of a claim or 'suit" from the additional insured. D. OTHER INSURANCE ($action H. 2 & 3) of the Common Policy Conditions are delated and replaced with the following: 2. This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing to the additional Insured's own coverage. This insurance is excess over any other insurance to which the additional insured has been added as an additional insured by endorsement. 3. When this insurance is excess, we will have no duty under Coverages A or B to defend the additional Insured against any 'suit" it any other Insurer has a duty to defend the additional insured against that "suit" If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers, When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (e) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, it any, with any other insurance that is not described to this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. E. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (SWIon J.2) of the Common Policy Conditions is deleted and replaced with the following: 2. We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or 'your work" done under a contract with that person or organization and included within the 'products - completed operations hazard.' G-123127-6 Page 2 of 2 (Ed. 12/02)