RESOLUTION NO. 24-62
Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Professional Services Agreement With West Coast Code Consultants Inc. (WC3) In An Amount Not To Exceed $400,000 For On Call Engineering And Environmental Programs Inspection And Plan Check Services Until June 30, 2025, And Authorize The City Manager To Extend The Contract To No Later Than June 30, 2029, And Increase The Contract Amount By No More Than An Additional $1,600,000 By Additional Contract Amendments For A Total Not To Exceed Amount Of $2,000,000
WHEREAS, the Public Works Department has historically augmented its staff by contracting with consultants to perform inspection and plan check services on an on-call basis; and
WHEREAS, the bulk of these services are construction inspection of encroachment permit work and for plan-check and inspection of Environmental Programs stormwater permits as required by Regional Stormwater Permit Provision C3; and WHEREAS, being that these services are largely related to permitting the associated costs are typically reimbursed by applicants; and
WHEREAS, on March 26, 2024, the City advertised a Request for Qualifications (RFQ) for Engineering and Environmental Programs Inspection and Plan Check Services; and WHEREAS, a single response to the RFQ was received by the April 16, 2024 deadline and was deemed responsive and qualified to perform the required work; and WHEREAS, under this agreement, WC3 will provide permit related inspection services to assure compliance with construction standards and specifications; environmental safety standards and regulations; temporary bike, ped and vehicular traffic control plans and standards; and stormwater regulation compliance; and
WHEREAS, in addition, the consultant will provide plan checking, and City Engineer support services that include review of permit related improvement and stormwater plans; and
WHEREAS, the contract will also allow for City staff augmentation for construction management services as needed to deliver capital improvement projects; and WHEREAS, the proposed WC3 agreement provides a not to exceed amount of $400,000.
However, the resolution seeks City Council approval that would authorize the City Manager to extend the contract to no later than June 30, 2029, and increase the contract amount by no more than $1,600,000 through additional contract amendments for a total not to exceed amount of $2,000,000; and
WHEREAS, services performed which are related to capital improvement projects will come from those respective project budgets and permit related services will be paid on a DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 Resolution No. 24-62
WC-3 On-call Services
City Council Meeting | June 4, 2024
cost recovery basis which does not impact the Public Works Department’s operating budget; now therefore, be it
RESOLVED, by the City Council of the City of Emeryville authorizing the City Manager to enter into a Professional Services Agreement with West Coast Code Consultants, Inc. in an amount not to exceed $400,000 for On Call Engineering and Environmental Programs inspection and plan check services, until June 30, 2025, extend the contract to no later than June 30, 2029, and increase the contract amount by no more than an additional $1,600,000 by additional contract amendments for a total not to exceed amount of $2,000,000.
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, June 4, 2024, by the following vote:
AYES: 5
Mayor Welch, Vice Mayor Mourra and Council Members Bauters, Kaur and Priforce
NOES: 0
ABSTAIN: 0
ABSENT: 0
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865
C A L I F O R N I A
P R O F E S S I O N A L S E R V I C E S C O N T R A C T
F O R C I T Y U S E O N L Y
Contract No. CIP No.
Resolution No. Project No.
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THIS PROFESSIONAL SERVICES CONTRACT (“Contract”) is effective as of ____________________ (the “Effective Date”), by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and WEST COAST CODE CONSULTANTS, INC.(WC3) (“Contractor”), individually referred to as a “Party” and collectively as the “Parties”.
W I T N E S S E T H T H A T
WHEREAS, the City desires to engage Contractor for on-call Engineering and Environmental Programs inspection, plancheck, construction management and City Engineer support services; and
WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to render the services necessary to do the work contemplated under this Contract; and WHEREAS, the City has determined that the Contractor is qualified by training and experience to render such services; and
WHEREAS, the Contractor desires to provide such services; and, WHEREAS, the public interest will be served by this Contract; and NOW, THEREFORE, the Parties hereto do mutually agree as follows:
1. SCOPE OF SERVICES AND TERMINATION DATE
1.1 Project Description
A complete project description is set forth in the Scope of Work, attached hereto as Exhibit A and incorporated herein by this reference.
1.2 Services
The services to be completed under this Contract (“Services”) are described in the Scope of Work set forth in Exhibit A. The Services shall be performed in accordance with terms, conditions, and specifications set forth herein. To the extent there is a conflict between the Scope of Work, and the terms, conditions, and specifications set forth herein, the terms, conditions, and specifications set forth herein shall govern.
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1.3 Schedule and Completion Date
The Services to be provided by Contractor under this Contract shall commence on the Effective Date and terminate on JUNE 30, 2025. The Parties may, by mutual, written consent, extend the term of this Contract.
2. WORK CHANGES
2.1 City Rights to Change
The City reserves the right to order changes in the Services to be performed under this Contract by altering, adding to or deducting from the Scope of Work. All such changes shall be incorporated in amendments executed by the Contractor and the City. Such amendments shall specify the changes ordered and any necessary adjustment of compensation and completion time.
2.2 Additional Work Changes
Any work added to the Scope of Work by an amendment shall be executed under all the applicable conditions of this Contract. No claim for additional compensation or extension of time shall be recognized unless contained in an amendment duly executed on behalf of the City and the Contractor.
2.3 City Manager Execution
The City Manager has authority to execute without further action of the Emeryville City Council, any number of amendments so long as their total effect does not materially alter the terms of this Contract or increase the total amount to be paid under this Contract, as set forth in Section 3.2 below.
3. COMPENSATION AND METHOD OF PAYMENT
3.1 Compensation for Services Performed
City agrees to pay the Contractor for the Services performed and costs incurred by Contractor upon certification by the City that the Services were actually performed and costs actually incurred in accordance with the Contract. Compensation for Services performed and reimbursement for costs incurred shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Services performed and costs incurred. The City shall pay the Contractor within forty-five (45) days after approval of the invoice by City staff.
3.2 Total Compensation Amount
The total amount paid under this Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed FOUR HUNDRED THOUSAND DOLLARS AND NO CENTS ($400,000), except as outlined in Section 2.3 above. The compensation for Services performed shall be as set forth in Exhibit A.
Reimbursement for costs incurred shall be limited as follows. Long distance telephone and telecommunications, facsimile transmission, normal postage and express mail DocuSign Envelope ID: 3D9CE530-0E8E-428E-A2BA-A071FBED9C9B DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Professional Services Contract
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charges, photocopying and microcomputer time shall be at cost. Supplies and outside services, transportation, lodging, meals and authorized subcontracts shall be at cost plus no more than a 10% administrative burden. Automobile mileage shall be no more than the current deductible rate set by the Internal Revenue Service.
4. COVENANTS OF CONTRACTOR
4.1 Assignment of Contract
The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Contract, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them and the City shall have no obligation to them.
4.2 Responsibility of Contractor and Indemnification of City To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City and City’s members, officers, agents, employees and volunteers, from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including without limitation injury to or death of an employee of Contractor or subcontractors as well as any claim by any employee, agent, Contractor or independent contractor hired or employed by Contractor that such persons or individuals are entitled to any benefit otherwise provided to employees of the City, including coverage under the California Public Employee Retirement System), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, reasonable attorneys’ fees, litigation expenses, and fees of expert contractors or expert witnesses incurred in connection therewith and the costs of investigation, arising out of, pertaining to, or relating to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Contractor, any subcontractor, anyone directly or indirectly employed by them or anyone that they control. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Contractor. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Contract.
If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.
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4.3 Independent Contractor
The Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the Services; hiring of contractors, agents or employees to complete the Services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates and employees during the term of this Contract.
4.4 Insurance
Contractor shall not commence Services under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under Exhibit B, attached hereto and incorporated herein by this reference. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under Exhibit B. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.
4.5 Records, Reports and Audits
4.5.1 Records
A. Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Contract. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Contract. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later.
B. All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Contract shall be clearly identified and readily accessible.
4.5.2 Reports and Information
Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Contract in the form requested by the City.
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4.5.3 Audits and Inspections
At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Contract. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Contract.
4.6 Conflicts of Interest
The Contractor covenants and declares that, other than this Contract, it has no holdings or interests within the City of Emeryville, nor business holdings, contracts or agreements with any official, employee or other representative of the City. For the duration of this Contract, in the event the Contractor or its principals, agents or employees acquire such a holding, interest, contract, or agreement within the City of Emeryville or with any official, employee or representative of the City in the future, the Contractor will immediately notify the City of such holding, interest, contract, or agreement in writing.
4.7 Confidentiality
The Contractor agrees that such reports, information, opinions or conclusions shall not be made available to or discussed with any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether deemed confidential or not.
4.8 Discrimination Prohibited
The Contractor covenants and agrees that in performing the Services required under this Contract, the Contractor shall not discriminate against any person on the basis of race, color, religion, sex, sexual orientation, gender identity, marital status, national origin or ancestry, age or disability, except as provided in section 12940 of the Government Code.
4.9 Licenses, Certifications and Permits
The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, city or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Services contracted for under this Contract.
All work performed by Contractor under this Contract shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals.
4.10 Key Personnel
The Project Manager is necessary for the successful prosecution of the Services due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor’s Project Manager or members of the project team without the City’s DocuSign Envelope ID: 3D9CE530-0E8E-428E-A2BA-A071FBED9C9B DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Professional Services Contract
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approval. Contractor recognizes that the composition of this team was instrumental in the City’s decision to award the work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Contractor’s obligations under this Contract and shall be grounds for termination.
4.11 Authority to Contract
The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Contract, if applicable.
4.12 Ownership of Work
All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the Services to be performed by the Contractor (“Materials”) shall be and are the property of the City and the City shall be entitled to full access and copies of all such Materials. Any such Materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such Materials. If any Materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment.
4.13 City Labor Requirements
4.13.1 Compliance
At the Effective Date, compliance with the City’s living wage ordinance is required / not required for this Contract. If this Contract provides for compensation to Contractor of $25,000 or more within a single fiscal year for providing Services to the City, then Contractor shall comply with the requirements of the City’s Living Wage Ordinance set forth in Chapter 31 of Title 5 of the Emeryville Municipal Code, unless (i) Contractor is a governmental entity, (ii) this Contract is subject to a higher prevailing wage rate as defined in the California Labor Code, or (iii) this Contract is subject to federal or state laws or regulations that would preclude the application of the City’s laws.
4.13.2 Applicability
Compliance with the Living Wage Ordinance, if applicable, shall be required during the term of the Contract for all employees of Contractor who perform at least twenty-five percent (25%) of the work arising from this Contract, unless said employees are otherwise exempt from the application of the Living Wage Ordinance pursuant to DocuSign Envelope ID: 3D9CE530-0E8E-428E-A2BA-A071FBED9C9B DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Professional Services Contract
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Section 5-31.08 of the Emeryville Municipal Code. Contractor shall promptly provide to the City documents and information verifying compliance with the requirements of the Living Wage Ordinance within ten (10) working days following a written request for such documentation and information from the City.
4.13.3 Non-Compliance
Failure to comply with the Living Wage Ordinance provides that a person claiming a violation thereof may bring an action against Contractor for back pay, reinstatement and compensatory damages, as well as a penalty up to three times the amount of damages for a willful violation, plus reasonable attorney’s fees and costs. In addition, the City may terminate the Contract and pursue any other remedies available to the City, including debarment, for violations of the Living Wage Ordinance.
4.13.4 Living Wage
Contractor shall notify each of its affected employees with regards to wages that are required to be paid pursuant to this Contract. “Living Wage” means no less than $18.00 PER HOUR (which is subject to increase annually on July 1st to reflect the twelve-month average increase to the Consumer Price Index for all urban consumers in the San Francisco-Oakland-San Jose Metropolitan Statistical Area for the preceding year from May to April, not to exceed three percent (3%) in any one year) including wages and health benefits. If employer contributions for health benefits are not paid on an hourly basis, the employer must demonstrate to the City the hourly value of such benefits in order to receive credit for such payments to covered employees.
4.13.5 Minimum Wage and Paid Sick Leave
In addition to the Living Wage Ordinance, the Contractor may be required to comply with the City’s Minimum Wage, Paid Sick Leave, and Other Employment Standards Ordinance, as set forth in Chapter 37 of Title 5 of the Emeryville Municipal Code, to the extent it is applicable.
4.14 California Labor Requirements
4.14.1 Prevailing Wage Requirements
Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), DocuSign Envelope ID: 3D9CE530-0E8E-428E-A2BA-A071FBED9C9B DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Professional Services Contract
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employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
4.14.2 Registration
If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Contract and require the same of any subcontractors, as applicable.
Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
4.14.3 Labor Compliance Oversight
This Contract may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
4.14.4 Workers’ Compensation
Pursuant to the requirements of section 1860 of the California Labor Code, Contractor will be required to secure the payment of workers’ compensation to his employees in accordance with the provisions of section 3700 of the Labor Code. By signing this Contract, Contractor certifies the following:
“I am aware of the provisions of section 3700 of the California Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” DocuSign Envelope ID: 3D9CE530-0E8E-428E-A2BA-A071FBED9C9B DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Professional Services Contract
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4.14.5 Event of Default
Failure by Contractor to comply with any provision of this Section shall constitute a default of this Contract and shall be grounds for termination as provided in this Contract.
5. TERMINATION
A. The City shall have the right to terminate this Contract for any reason whatsoever by providing written notice thereof at least five (5) calendar days in advance of the termination date.
B. All termination notice periods triggered pursuant to written notice shall begin to run from the date of the United States Postal Service postmark.
C. Upon termination, City shall provide for payment to the Contractor for Services rendered and expenses incurred prior to the termination date.
D. Upon receipt of a termination notice the Contractor shall: (1) promptly discontinue all Services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Contract, whether completed or in process, in the form specified by the City.
E. Notwithstanding anything to the contrary, this Contract is subject to immediate termination in the event the City Council does not appropriate sufficient funds for this Contract.
F. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Contract or at law or in equity.
6. NO PERSONAL LIABILITY
No member, official or employee of the City shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Contract.
7. ENTIRE AGREEMENT
This Contract constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Contract not contained in this Contract shall be valid or binding. This Contract may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization.
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8. SUCCESSORS AND ASSIGNS
Subject to the provisions of this Contract regarding assignment, this Contract shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties.
9. APPLICABLE LAW AND ATTORNEY’S FEES; VENUE
If any action at law or in equity is brought to enforce or interpret the provisions of this Contract, the rules, regulations, statutes and laws of the State of California will control.
The prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief to which said party may be entitled. The exclusive venue for any legal action taken pursuant to this Contract shall be the State of California Superior Court for the County of Alameda or the United States District Court for the Northern District of California.
10. SEVERABILITY
The caption or headnote on articles or sections of this Contract are intended for convenience and reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Contract nor in any way affect this Contract. Should any article(s) or section(s), or any part thereof, later be deemed unenforceable by a court of competent jurisdiction, the remainder of this Contract shall remain in full force and effect to the extent possible.
11. BUSINESS TAX CERTIFICATE
Prior to commencement of the Services to be provided hereunder, Contractor shall apply to the City of Emeryville Finance Department for a business tax certificate, pay the applicable business tax and maintain said business tax certificate during the term of this Contract, as provided in Article 1 of Chapter 1 of Title 3 of the Emeryville Municipal Code.
12. NOTICES
12.1 Communications Relating to Daily Activities
All communications relating to the day-to-day activities of the work and invoices shall be exchanged between Michael Roberts for the City and Maurice Kaufman for the Contractor:
CITY CONTRACTOR
Michael Roberts, Sr. Civil Engineer
Phone No: 510-596-4333
E-Mail : [email protected]
Maurice Kaufman, Civil Division Manager
Phone No: 925-548-2648
E-Mail : [email protected]
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12.2 Official Notices
All other notices, writings or correspondence as required by this Contract shall be directed to the City and the Contractor, respectively, as follows:
CITY CONTRACTOR
Mohamed Alaoui, PW Director
133 Park Avenue
Emeryville, California 94608
Phone No: 510-596-4341
E-Mail : [email protected]
with a copy to:
Michael Roberts, Sr. Civil Eng
1333 Park Avenue
Emeryville, California 94608
Phone No: 510-596-4333
E-Mail : [email protected]
Giyan Senaratne, CEO
5000 Executive Parkway, Suite #510
San Ramon, CA, 94583
Phone No: 925-275-1700
E-Mail : [email protected]
13. COUNTERPARTS
This Contract may be signed in counterparts, each of which shall constitute an original. It is expressly agreed that each Party to this Contract shall be bound by its own telecopied, scanned, electronic or digital signature and shall accept the telecopied, scanned, electronic or digital signature of the other Party to this Contract.
14. NO THIRD-PARTY BENEFICIARIES
Except to the extent expressly provided for herein, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
15. NON-EXCLUSIVITY
City reserves right to employ other contractors in connection with the Services covered under this Contract.
16. ASSIGNMENT OR TRANSFER
Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Contract or any interest herein without the prior written consent of the City.
Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
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17. WAIVER
The City’s failure to enforce any provision of this Contract or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default.
18. OTHER REQUIREMENTS
Compliance with terms and conditions set forth in Exhibit C is required / not required for this Contract. Contractor shall also fully and adequately comply with the provisions included in Exhibit C (“Other Requirements”) when attached hereto and incorporated herein by reference (“Other Requirements”). With respect to any conflict between such Other Requirements and the terms of this Contract and/or the provisions of state law, Exhibit C shall control.
SIGNATURES ON FOLLOWING PAGE
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19. SIGNATURE PAGE TO PROFESSIONAL SERVICES CONTRACT
IN WITNESS WHEREOF the City and the Contractor have executed this Contract, which shall become effective as of the date first written above.
Approved As To Form:
City Attorney
Dated: CITY OF EMERYVILLE
Paul Buddenhagen, City Manager
Dated: WEST COAST CODE CONSULTANTS, INC.
(Signature)
Giyan Senaratne, CEO
Attach:
W-9 Form
Attach:
Business License Certificate
DocuSign Envelope ID: 3D9CE530-0E8E-428E-A2BA-A071FBED9C9B 05/17/2024
DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865
ON-CALL ENGINEERING AND ENVIRONMENTAL PROGRAMS INSPECTION AND PLANCHECK CONSULTANT SERVICES Exhibit A
Exhibit A
A) Scope of Services
The Contractor shall provide the following services and support to the satisfaction of the City.
1. Permit Related Construction Inspection
a. Description of Required Services
Construction inspection personnel are required for construction of public improvements in the public right of way related to private development, private sewer lateral program inspection, and miscellaneous encroachment permit construction projects within the City right-of-way. The CONTRACTOR is to provide a qualified inspector to perform construction inspection services. The CONTRACTOR personnel will be assigned to the project during all hours of construction and/or as required by the CITY and will work under the direction of the CITY Project Manager.
Typical duties to be performed by the CONTRACTOR’s personnel will include, but not be limited to:
• In accordance with the Caltrans Construction Records and Management Procedures Manual and Construction Manual: Perform construction inspection and provide daily inspection reports while ensuring compliance with project plans and specifications. • Identifying actual and potential problems associated with the construction project and recommend sound engineering solutions. • Maintaining an awareness of safety and health requirements and enforcing applicable regulations and contract provisions for the protection of the public and project personnel.
• Assisting in the preparation of final as-built plans at the completion of construction.
• Other duties as required.
b. Personnel and Performance Requirements
CONTRACTOR’s personnel will remain available to the CITY on an on-call basis as requested by the CITY. Personnel assigned by the CONTRACTOR to Projects shaft be available beginning one (1) week before the start of the project to a maximum of two (2) weeks after project completion as required by the CITY project manager. The miscellaneous on-call encroachment permit inspections and private development public DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865
ON-CALL ENGINEERING AND ENVIRONMENTAL PROGRAMS INSPECTION AND PLANCHECK CONSULTANT SERVICES Exhibit A
improvement projects require the inspector to be available within 24 hours notice and may only require 1 hour of inspection time for the call- out.
CONTRACTOR may be assigned multiple Task Assignments which are under construction simultaneously. At times, there will not be a full eight hours of billable time in a day.
CONTRACTOR’s personnel assigned to perform public works inspections shall have the following minimum qualifications:
• Relevant experience with public infrastructure construction and private development construction including streets, sidewalks, ADA and PROWAG requirements, sanitary sewers, storm drains, street trees, street light systems, irrigation systems, and underground utility districts and public works inspection experience.
• CONTRACTOR personnel shall be required to successively complete a 40- hour health and safety course or an eight (8)-hour refresher course meeting the Federal Occupational Safety and Health Administration (OSHA) 29 CFR 1910.120 requirements and be on an annual medical monitoring program (29
CFR1910.1001through 1910.1045).
c. Deliverables
• Daily Reports, extra work diaries, and materials testing reports shall be prepared daily to Caltrans Standards and shall be delivered to the CITY Project Manager weekly.
• Documentation of contract progress payments and contract quantities shall be delivered to the CITY Project Manager no later than the last working day preceding the 20th of each month. • Documentation of final payment quantities shall be delivered to the CITY Project Manager by no later than (5) working days after acceptance by the CITY of the completed construction project. • All documentation of field measurements, test data and other documents as required by Caltrans procedures shall be recorded, maintained and submitted to the CITY project manager no later than (5) working days after acceptance by the CITY of the completed construction project.
• All reports, calculations and other applicable documents shall be prepared on Caltrans standardized forms.
d. Equipment and Materials to be provided by the CONTRACTOR • All necessary vehicles, instruments, tools and safety equipment required for its personnel to perform their work accurately, efficiently and safely.
• Caltrans manuals and standards as listed in Section F, "Standards" DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865
ON-CALL ENGINEERING AND ENVIRONMENTAL PROGRAMS INSPECTION AND PLANCHECK CONSULTANT SERVICES Exhibit A
below and forms and other policies and procedures to be followed by the Contractor's personnel in the performance of the work. e. Standards: Construction inspection, materials sampling and testing, and contract administration shall be in accordance with current Caltrans Construction Manual, the Bridge Construction Records and Procedures Manual, the California Manual of Uniform Traffic Control Devices, the Caltrans Standard Specifications and Standard Plans, their revisions, and specified project documents.
f. Training and Support: In order to develop knowledge base and keep current with industry change, CONTRACTOR shall provide oversight training and oversight support to its staff with City assignments.
2. Construction Management
a. Caltrans Construction Management Procedures and Documentation: Perform construction management in accordance with Caltrans procedures and as indicated above.
b. Contract Management: Review and manage construction contracts to ensure compliance with terms, conditions, and obligations, and facilitate effective communication between involved parties. Provide documentation for claims defense as necessary.
c. In accordance with Caltrans and accepted industry standards; conduct thorough on-site inspections and audits at various project stages to verify compliance with approved plans, codes, regulations, and industry standards. Identify, document and initiate correction of any nonconformities, deficiencies, or deviations from established quality criteria.
Conduct thorough on-site inspections and audits at various project stages to verify compliance with approved plans, codes, regulations, and industry standards. Identify, document and initiate correction of any nonconformities, deficiencies, or deviations from established quality criteria.
Monitor project progress for the purpose of making progress payments and tracking contract time.
d. Environmental Safety: Monitor environmental safety for compliance with state and local regulation including dust monitoring and compliance with Provision C.6 of the requirements of the San Francisco Regional Water Quality Control Board Municipal Regional Permit (MRP) and as reflected in the City of Emeryville’s ordinances and policies.
e. Safey Oversight: Monitor project worker and public site safety, conducting safety audits and taking corrective actions as required.
DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865
ON-CALL ENGINEERING AND ENVIRONMENTAL PROGRAMS INSPECTION AND PLANCHECK CONSULTANT SERVICES Exhibit A
f. Cost Control: Monitor project expenditures, manage budgets, and process change orders to ensure that construction costs remain within approved limits.
g. Document Management: Maintain accurate and up-to-date project documentation, including daily reports, drawings, contracts, change orders, Weekly Statements of Working Days, and progress reports. h. Coordination and Communication: Facilitate effective communication among project stakeholders, including contractors, subcontractors, architects, members of the public, and regulatory authorities.
i. Problem Solving: Identify and address construction-related challenges and issues, developing and implementing solutions to mitigate potential risks and delays.
j. Progress Reporting: Provide regular progress reports to City project manager, detailing project financial status, schedule, accomplishments, and potential concerns.
k. Project Closeout: Oversee project completion and payment, conduct final inspections, address outstanding items, ensure format and accuracy of as built drawings, and facilitate a seamless project handover.
DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865
ON-CALL ENGINEERING AND ENVIRONMENTAL PROGRAMS INSPECTION AND PLANCHECK CONSULTANT SERVICES Exhibit A
3. City Engineer Support:
Provide registered Professional Engineer (Civil) and licensed Land Surveyor on-call staffing to perform the following:
a. Plan Development and Review: Review capital improvement and private development plans for conformance with state and local requirements and standards. Review and assess project plans, specifications, and designs to identify potential constructability and quality-related challenges and recommend improvements.
b. Provide on-call consulting and plan review services for tasks that may include the following:
• Grading, hydrology and utility plan review
• Condition of approval and site development plan review • Transportation analysis review
• Cost estimate review
• Subdivision Map Act compliance review
• Survey, Parcel Map, Final Map review
• City Representation: Attending City Council, Planning Commission, and other committee meetings when directed. • Meeting Participation: Attending staff level meetings with City staff, public officials, community leaders, developers, contractors, and the general public.
• Accessibility: Support ADA Coordinator by providing technical analysis as necessary.
• Support: Provide technical advice to City personnel assigned to public works activities. Provide, on an as-needed basis, review and issue public works permits and other engineering-related matters utilizing City software or at the service counter. c. QA/QC: Review project documents (before, during, and after construction) and provide recommendations for quality improvements. Promote collaboration through clear communication and training on QA/QC principles for project participants.
d. Regulatory Compliance and Risk Mitigation: Provide guidance on regulatory requirements and permitting processes, ensuring that all construction activities adhere to local, state, and federal regulations. Identify potential risks to project quality, safety, and compliance, and collaborate with project teams to develop effective mitigation strategies. Provide timely solutions and recommendations to address quality-related issues that may arise during construction.
DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865
ON-CALL ENGINEERING AND ENVIRONMENTAL PROGRAMS INSPECTION AND PLANCHECK CONSULTANT SERVICES Exhibit A
4. Regional Stormwater Permit Provision C3 Plan Check and Inspection Services Review of public and private developments within the City of Emeryville for compliance with the provision C.3 requirements of the San Francisco Regional Water Quality Control Board Municipal Regional Permit (and as reflected in the City of Emeryville’s ordinances and policies.
a. Provision C.3 Plan Compliance Review
• Review new or re-development projects for compliance with the MRP and requirements of the City of Emeryville as necessary. • Stormwater treatment designs, including sizing are to be reviewed in detail, including correspondence with the applicant to achieve compliant design. The reviewing engineer will stamp the plans, which will constitute the issuance of a Stormwater Permit. Liability would be retained by the engineer of record.
b. Provision C.3 Plan Implementation Inspection
• The CONTRACTOR will inspect the construction site during and after construction of C.3 improvements. The CONTRACTOR’s inspection staff will review the C.3 related improvements for compliance with the project plans reviewed and approved as described in “Provision C.3 Plan Compliance Review” above.
• The CONTRACTOR will assist the City with violation enforcement action as necessary.
c. C3 Permit Reporting and Application Processing Support • On a monthly basis CONTRACTOR shall report to City project manager an independent tracking of C3 permitting. C3 permit tracking reports shall include status of permit application review and approval, status of field implementation and inspection, and other details as determined by the City project manager.
• As coordinated by the City project manager, CONTRACTOR shall upload C3 permit applications to City provided software and update permit activity as necessary.
5. Contract Tracking, Coordination, and Staff Support
a. To ensure an understanding of contract objectives, meetings with the CITY project manager and the CONTRACTOR will be held as often as necessary to discuss and resolve work objectives, work schedules, terms of the contract and any other related issues. Monthly progress reports which track overall budget, projected start and finish, task budgets, and monthly expenditures by task shall be submitted by the CONTRACTOR to the CITY project manager.
DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865
ON-CALL ENGINEERING AND ENVIRONMENTAL PROGRAMS INSPECTION AND PLANCHECK CONSULTANT SERVICES Exhibit A
b. In order to develop knowledge base and keep current with industry change, CONTRACTOR shall provide oversight, training, and support to its staff assigned to City projects.
B. Possible Task Assignments
The following is a list of some of the projects that may be considered for assignment under the contract. The City at its sole discretion may choose to assign task assignments associated with any, all, or none of these Iisted projects or choose to assign CONTRACTOR task assignments for projects that do not appear in the list below.
The City may assign task assignments and/or projects to third parties, regardless of whether those task assignments or projects are included in this Exhibit.
1. CIP Projects
• Street Rehabilitation and Preventive Maintenance Program • McGlaughlin Eastshore State Park Improvements
• City Facility Sanitary Sewer Lateral Improvements
• Powell Street Reconfiguration
• City Tree Planting Project
2. Permit Related Applicant Work and improvements
• Public Market Development improvements
• Emerystation Overland Development improvements
• Nellie Hannon Development improvements
• Miscellaneous Encroachment Permit related work in the Public Right of Way • Permitted private sewer lateral repair and replacement • EBMUD, PG&E, telecom related utility work and associated restoration • Outside agency work within the Public Right of Way
DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 Teaming with Your Community to Make a Difference | www.WC-3.com 17 Rate Schedule WC3
WC3 PROPOSED SCHEDULE OF FEES - FISCAL YEAR 2024/2025
CIVIL ENGINEERING SERVICES HOURLY RATES*
Principal $254.00 / Hour
CASp Plans Examiner / Inspector $244.00 / Hour
Sr. Project Manager $244.00 / Hour
Project Manager $222.00 / Hour
Land Surveyor $212.00 / Hour
Traffic Engineer $212.00 / Hour
Structural Engineer $212.00 / Hour
Senior Civil Engineer $212.00 / Hour
Associate Civil Engineer $185.00 / Hour
Assistant Engineer and Plan Reviewer $160.00 / Hour
Public Works Inspector (Prevailing Wage - Daytime Hour) $193.70 / Hour Public Works Inspector (Prevailing Wage - Evening Hours) $214.70 / Hour Administrative Assistant / Permit Technician $88.00 / Hour Reimbursable Expenses At Cost +10%
SUB-CONSULTANT FEE SCHEDULE(S) HOURLY RATES
Park Engineering, Inc. Per Attached Fee Schedule, Page 18 Annual Hourly Rate Adjustment - WC3’s proposed hourly rates are applicable through June 30, 2025. Hourly rates are subject to an annual increase based on a minimum 3% cost-of-living, the Engineering News Record’s (ENR) Construction Cost Index (CCI), or the Consumer Price Index - Urban (CPI-U); whichever is greater.
Electronic Plan Review - Electronic plan review services will be performed for percentage based plan review services facilitated off-site at WC3 office locations, as well for hourly plan review projects associated with in-house City services. WC3 will automatically coordinate all processes.
Prevailing Wage Assignments - Proposed rates are based on current prevailing wage rates mandated by Department of Industrial Relations (DIR). Any future rate revisions by DIR will result in a revision of above rates Inspection Services - If, or when services are necessary, a four (4) hour minimum time block is required for all requested Inspection Services.
Overtime - On-site, in-house or inspection services more than forty (40) hours a week, overtime work, holiday work, weekend work, etc. will be invoiced as follows:
• Overtime – One hundred fifty percent (150%) of regular rates. Overtime is defined as working more than forty (40) hours a week, more than eight (8) hours a day or more than six (6) consecutive days in a week. • Double Overtime – Two hundred percent (200%) of regular rates. Double overtime is defined as working more than twelve (12) hours a day or working more than eight (8) hours on the seventh consecutive day of work. • Holidays and Weekends – Two hundred percent (200%) of regular rates.
Reimbursable Expenses - Reimbursable expenses (i.e. specialized equipment rental or printing costs) will be authorized prior to charge and billed at actual cost + 10% mark up.
Invoicing Procedures - At the beginning of each month, WC3 will furnish an invoice and a statement of the work performed for compensation during the preceding month. Such statement will also include a detailed record, if applicable, of the month's actual reimbursable and mileage expenditures.
*
**
DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 18 www.WC-3.com | Teaming with Your Community to Make a Difference Rate Schedule Park Engineering
FEE SCHEDULE
HOURLY RATES
Item
No.
Description Units STRAIGHT RATE
(8 hours max)
OVERTIME RATE
(> 8 hours/day or 40
hours/week)
1 Construction Manager /
Resident Engineer Rate / Hour $219.78 - $289.17 $219.78 - $289.17 2 Structures Representative Rate / Hour $219.78 - $289.17 $219.78 - $289.17 3 Senior Construction
Inspector/
Assistant Resident Engineer
Rate / Hour $173.50 - $196.64 $260.25 – $294.96
4 Construction Inspector Rate / Hour $138.80 - $173.50 $208.20 - $260.25 5 Office Engineer Rate / Hour $138.80 - $173.50 $208.20 - $260.25 6 Claims Support Rate / Hour $219.78 - $289.17 $219.78 - $289.17 NOTES:
1. Work on Saturdays, OT rate for employees only aRer 40 hours for the week and double Vme for hours worked over 12 for the day. For Sundays & Holidays, OT rate for employees only aRer 40 hours for the week, but double Vme aRer 8 hours for the day.
2. 3% escalaVon effecVve January each year.
REIMBURSEMENTS
Any special requests from the Client, such as reproduction or specialty sub-consultants, will be billed directly, with supporting invoices.
DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865
CALIFORNIA
REV 08/2020 Page 1 of 5
EXHIBIT B
Contract Insurance Requirements
As used in this Exhibit B, Contractor refers to WEST COAST CODE CONSULTANTS, INC..
1. MINIMUM REQUIREMENTS
Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work or Services required by the Contract hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage, as checked below:
1.1 Minimum Scope of Insurance
Coverage shall be at least as broad as the latest version of the following:
General Liability
Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01).
Automobile Liability
Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto) or if Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the General Liability Policy. Professional Liability / Errors and Omissions
Written on a policy form specifically designed to protect against acts, errors or omissions of the Contractor wherein “Covered Professional Services” as designated in the policy must specifically include Services performed under this Contract.
Workers’ Compensation and Employer’s Liability
Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.
Pollution Liability Insurance
Pollution Liability insurance for claims arising from the discharge, dispersal release or escape or any irritant or contaminant into or upon land, any structure, the atmosphere, watercourse or body of water, including groundwater. This shall DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 08/2020
include on and off-site clean up and emergency response costs and claims arising from above ground and below ground storage tanks.
1.2 Minimum Limits of Insurance
Contractor shall maintain limits no less than:
General Liability
$1,000,000.00 per occurrence and $2,000,000.00 aggregate for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability.
OR
$2,000,000.00 per occurrence and $4,000,000.00 aggregate for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability, and coverage for explosion, collapse and underground property damage hazards.
Automobile Liability
$2,000,000.00 per accident for bodily injury and property damage. Professional Liability / Errors and Omissions
$2,000,000.00 per claim and aggregate.
Workers’ Compensation and Employer’s Liability
Workers’ compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000.00 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Pollution Liability Insurance
$2,000,000.00 per occurrence and $2,000,000.00 aggregate.
Except for the professional liability / errors and omissions policy, defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the Parties required to be named as additional insureds pursuant to this Contract.
2. INSURANCE ENDORSEMENTS
The insurance policies shall contain the following provisions, if checked, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions, if checked, to the insurance policies:
DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 08/2020
General Liability
(1) Such policy shall provide the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 or CG20 37, or endorsements providing the exact same coverage, with respect to the work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it; and (4) the insurance coverage shall contain standard separation of insureds provisions.
Automobile Liability
(1) Such policy shall provide the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
Professional Liability Coverage
Any policy inception date, continuity date, or retroactive date must be before the effective date of this Contract and Contractor agrees to maintain continuous coverage through a period no less than three years after termination of the Contract.
DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 08/2020
Workers’ Compensation and Employer’s Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor. Pollution Liability Coverage
(1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to claims arising from the discharge, dispersal release or escape or any irritant or contaminant into or upon land, any structure, the atmosphere, watercourse or body of water, including groundwater; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
ALL COVERAGES
Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.
3. NO SPECIAL LIMITATIONS
The required insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers.
4. DEDUCTIBLES AND SELF-INSURANCE RETENTIONS
Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 08/2020
5. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.
6. VERIFICATION OF COVERAGE
Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
7. SUBCONTRACTORS
All subcontractors shall meet the requirements of this Section before commencing any work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.
8. REPORTING OF CLAIMS
Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the work performed under this Contract.
Attach:
Insurance Certificate and Endorsements
DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865