FOR THE COUNCIL MEETING OF MAY 2, 2023
COUNCIL AGENDA REPORT
TO: City Council
FROM: City Manager
Prepared by: Director of Public Works
SUBJECT: AWARD OF ARCHITECT/ENGINEERING SERVICES TO ROESLING NAKAMURA TERADA ARCHITECTS FOR PHASE 11 — PREPARATION
OF CONSTRUCTION DOCUMENTS TO EXPAND FIRE STATION NO. 1
RECOMMENDATION:
That the City Council adopt a Resolution approving an Agreement for Professional Services with Roesling Nakamura Terada Architects for Phase II — Preparation of Construction Documents to expand Fire Station No. 1.
BACKGROUND:
The total response workload for the Fire Department has increased by 12.5 percent over the past 10 years. Fire Station No. 1, serving in its current location since October 25, 2002, has been identified as the station with the highest response workload. It is located in a high - risk zone and is surrounded by public assembly facilities, including schools.
In April 2020, with the support of a SAFER grant from FEMA, Fire Station No. 1 added a second engine company with three full-time firefighters to help the Department respond more efficiently to the increased call volume of District 1. District 1 comprises most of the downtown area, from Alvin Avenue to Stowell Road and from Highway 101 to Blosser Road. With six sleeping quarters and up to eight personnel sleeping in the facility, COVID restrictions required Fire personnel to sleep in alternative quarters. From April 2020 to July 2021, the seventh person at the station slept in a rented API trailer in the parking lot.
DISCUSSION:
Roesling Nakamura Terada Architects (RNT Architects) recently completed Phase I — Programming Needs Assessment Study for the expansion of Fire Station No. 1. A conceptual design and layout for the Fire Station was developed that will serve the needs of the department. The proposed design includes accommodations for increased staffing, additional apparatus, Shift Battalion Chiefs, workout facilities, and future growth.
Fiscal Considerations
RNT Architects has provided a fee proposal for Phase II — Preparation of Construction Documents in the amount of $894,778. Funds have been allocated and appropriated from account FIRE ADMINISTRATION REMODEL — MEASURE U — GENERAL FUND account E-011-009-090-52-01. Additional funding is being requested by the Fire
Department for the subsequent phases of this Project's development, including its construction.
Impact to the Community
The community will benefit from the enhanced response that the additional staffing and apparatus capacity will provide to Fire Station No. 1 from the expansion.
Environmental Review
The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15302 - replacement or reconstruction of existing structures and facilities of the California Environmental Quality Act State Guidelines. The scope of work for the Programming and Tenant Improvement services would not create a new environmental review under the California Environmental Quality Act. All projects to be inspected under this agreement would have had environmental review occur as necessary, separate from this agreement, prior to beginning construction and inspection.
Alternatives
1. The City Council can direct that negotiations be reopened with RNT Architects to modify the scope of work for the project. However, the scope of work is commensurate with the anticipated effort required to provide adequate services and the Public Works Capital Improvement Program. Additionally, the fees are in line with industry standards.
2. The City Council can elect not to award the Professional Services Agreement to RNT Architects, reject the proposal, and direct staff to revisit the conceptual design and layout for the Fire Station No. 1 expansion.
City staff recommends approving the Professional Services Agreement with RNT Architects.
Other Agency Review
To define the approval process and expose any critical project issues, RNT Architects will review and coordinate with the Community Development Department and other agencies having jurisdiction.
THOMAS M. KORMAN, P.E., P.L.S
Principal Civil Engineer
BRETT FULGONI
Director of Public Works
Attachment A Agreement for Professional Services
2 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA,
CALIFORNIA, APPROVING AN AGREEMENT FOR PROFESSIONAL SERVICES WITH ROESLING NAKAMURA TERADA ARCHITECTS FOR PHASE II —
PREPARATION OF CONSTRUCTION DOCUMENTS TO EXPAND FIRE STATION NO. 1
WHEREAS, the City of Santa Maria determined it is in the public interest to design an expansion to the existing station building and prepare for future new facilities at Fire Station No. 1 located at 300 West Cook Street; and
WHEREAS, on September 21, 2021, the City released a Request for Proposals from qualified firms to provide Architect/Engineering (NE) services for the design of the facility's expansion; and
WHEREAS, Roesling Nakamura Terada Architects (RNT Architects) recently completed Phase I - Programming Needs Assessment Study; and WHEREAS, the Public Works and Fire Departments negotiated the terms of a Professional Services Agreement for A/E services for Phase II — Preparation of Construction Documents ("Agreement") with RNT Architects; and
WHEREAS, execution of the Agreement enables the City to advance in improving Fire Station No. 1's operational capacity and consequently enhancing the Fire Department's response time in the downtown area, one of the City's high -risk zones.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
1. The City Manager, or designee, is hereby authorized and directed to execute for and on behalf of the City of Santa Maria, an Agreement for Professional Services with RNT Architects for A/E services for Phase II — Preparation of Construction Documents; and
2. The City Manager, or designee, is hereby authorized and directed to enter into future extensions or amendments to the Agreement consistent with the terms of the Agreement; and
3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 2nd day of May 2023.
Mayor
ATTEST:
Chief Deputy City Clerk
City Attorney
APPROVED AS TO
DepartmeFrt Dt for
City Manager
AGREEMENT FOR PROFESSIONAL SERVICES
PREPARATION OF CONSTRUCTION DOCUMENTS TO EXPAND
FIRE STATION NO. 1
This Agreement is made on May 2, 2023, by and between Roesling Nakamura Terada Architects, a California Corporation ("Consultant") and the City of Santa Maria, a California Municipal Corporation and charter city ("City"), in Santa Maria, California, based on the following recitals:
WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and
WHEREAS, City does not have available employees to perform the services for the Project: and
WHEREAS, City has requested the Consultant to provide manpower to complete the Project; and
WHEREAS, Consultant is registered or licensed in California to perform desired services for the Project.
NOW, THEREFORE, IT IS AGREED:
1. Recitals true. The above recitals are true.
2. General.
2.1 Term and Termination. The term of this contract is two years, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.
2.2 Services to be Performed. Consultant shall determine the method, details and means of performing Programming and Tenant Improvement services.
More specifically, Consultant agrees to perform the specific services listed in Exhibit "A."
2.3 City's Duties. City's duties under this Agreement are to cooperate with Consultant in the performance of the contract and timely pay invoices.
2.4 Payment. Payment terms under this Agreement are listed in Exhibit "B."
2.5 Insurance. Consultant shall provide insurance as listed in Exhibit "C."
2.6 Exhibits. Exhibits "A," "B," and "C" are attached and incorporated.
3. Consultant's Obligations.
3.1 Minimum Amount of Service. Consultant shall devote sufficient time to perform services under this agreement efficiently and effectively. Consultant may represent, perform services for and be employed by additional individuals or entities, in Consultant's sole discretion, as long as the performance of these extra -contractual services does not interfere with or present a conflict with City's business.
3.2 Tools and Equipment. Except as otherwise stated in this Agreement, Consultant will supply all tools and equipment necessary to perform this Agreement.
3.3 Status. Consultant (including its employees) is an independent contractor and all persons working for or under the direction of Consultant are its agents or employees and not agents or employees of the City. No employer/employee relationship exists between Consultant and the City.
Consultant's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Consultant under this agreement. Consultant (as a business entity, including its employees) is a "design professional" as defined by California Civil Code section 2782.8(c)(3).
3.4 Indemnification. To the fullest extent permitted by law, the Consultant shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Consultant including its employees. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.
Further, Consultant will defend and indemnify City, and hold it harmless, from any claim, demand or liability that is related to, or results from an assertion that as a result of providing services to City, an employee of Consultant or a person performing work pursuant to this Agreement is entitled to benefits from, or is covered by, the California Public Employee Retirement System.
4. Miscellaneous
4.1 Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the
City and a representative of Consultant, listed below. All notices shall be addressed as follows unless a written change is filed with the City:
To City:
Thomas M. Korman, P.E.
Principal Civil Engineer
110 East Cook Street
Santa Maria, CA 93454
To Consultant:
Tyson Cline, AIA
Principal Partner
285 N Ventura Ave, Ventura,
CA 93001
If the designated representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated representative, or upon confirmation of receipt of delivery if another notification process is used.
4.2 Compliance With Laws, etc. Consultant shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.
4.3 Integration. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.
4.4 Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.
4.5 Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.
4.6 4.7
4.8 Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.
No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.
Severability. The provisions of this agreement are severable. If any part of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
4.9 Submittals. In addition to any other submittals required by this agreement, Consultant shall submit copies of its current business license and current certificate of workers compensation coverage to the City before beginning
work on this project.
4.10 Prevailing Wage. If applicable, Consultant and all subconsultants are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code.
The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined and specified are referred to and made a part hereof as though fully set forth herein.
4.11 City Approved Staff. Public Works Director shall approve Consultant project manager assigned to the project. Consultant shall not change staffing without prior written approval.
IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.
Roesling Nakamura Terada Architects CITY OF SANTA MARIA, a political subdivision of the State of California
Tyson Cline, AIA Brett Fulgoni
Principal Partner Director Public Works
ATTEST:
Rhonda M. White, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM
Risk Manager
City Attorney
EXHIBIT "A"
SCOPE OF SERVICES
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March 15t', 2023
Thomas Korman, P.E.
Civil Engineer
City of Santa Maria - Department of Public Works
110 S. Pine Street, Suite 221
Santa Maria, CA 93458
ARCHITECTURAL AND ENGINEERING SERVICES FOR THE EXPANSION AND REMODEL Of FIRE STATION NO. 1 FOR SCHEMATIC DESIGN TROUGH
CONSTRUCTION ADMINISTRATION PHASES
We would like to thank you for the opportunity to provide this proposal for architectural and engineering services to support the City of Santa Maria with this project.
Project Scope:
Fire Station 1 Remodel and Expansion Task
Fire Station No. 1 tor the City of Santa Maria Fire Department is located at the intersection of West Cook and South Pine Street. This location is within a well -established mixed -use neighborhood that comprises of housing in addition to commercial and service uses. We understand the original 2001 design incorporated considerations for a potential future expansion. Our team would like to maximize these early investments when considering design options.
RNT Previously performed tasks in Phase 1 for programing and conceptual development of a preferred scheme for the expansion and remodel of the existing fire station. This proposal is based on the findings of the selected design which anticipates a construction budget of approximately $8.5 million.
Key project components consist of the following:
• Working within the limitations and characteristics of the existing headquarters' campus and existing building infrastructure • Appropriate approaches to energy conservation and generation • Additional crew quarters
• Additional office space
• Addition of classroom
• Relocated workout facilities
• Remodeled restrooms
• Larger Day Room, Kitchen and Dining room
• Battalion Chief Suite.
• Additional support spaces for apparatus bay and equipment. • Additional Apparatus Bays
Scope of Work:
The following scope tasks are suggested based on our understanding of the project scope from Phase L Based on our previous experience working on fire stations and public safety facilities, we offer the following method to accomplish the work.
Phase 1: Programing and Concept (Previously completed)
See previous proposal for scope.
Phase ti: Design
Task 2.1 - 30% Design Drawings
Refine conceptual design based on Phase I to a schematic design level of detail to communicate the project design to stakeholders.
Deliverables: Preliminary 30% Design Drawings. (3) Concept Sketches Task 2.2 - Design Review with aient
Meet with City and Fire staff to review refinement of design and present options for massing.
Task 2.3 - Revisions Based on Initial Agency Having Jurisdiction Review Meet with City Planning Department and respond to comments based on initial informal review.
Deliverables: 30% Design Drawings. Optional 30% Design Cost Opinion (may be included in Task 2.3 for an additional fee)
Task 2.4 - 50% Design Drawings and Specifications.
Upon approval of 30% design RNT will refine the design and identify key systems, materials, and critical coordination issues.
Deliverables: 50% Design Drawings, Detailed specification outline.
Task 2.5 - 50% Opinion of Probable Cost
Engage third -party cost estimator to update cost opinion based on 50% Design Drawings and specifications. Cost will be discussed and adjustments to design appropriate to the phase will be made.
Deliverable: 50% Opinion of Probable Cost
Task 2.6 -City Review of 5O% Design Set (1 Meeting)
Meet with city and fire staff to review comments and questions regarding the 50% design.
Task 2.7 - Submittal to Community Development Department Provide assistance to Fire Staff in submittal of plans to Community Development Department for review and approval and all plan revisions resulting from review process.
ARCHRECIURAL AND ENGINEERING SERVICES FOR fHE EXPANSION Of FIRE STAflON NO. I CENIER PHASE 2 AND 3
City ut Santa M0110 Page 1 2 of 6
Task 2.8 - Community Development Department Review Meetings (2 Meetings)
Meet with staff to review design and submittal comments.
Task 2.9 - 75% Design Drawings and Specifications
Upon approval of 50% design, the Design team will document and develop the design further to describe systems, and materials, resolve critical coordination issues.
Deliverables: 75% Design Drawings, 3 Part specification with options.
Task 2.10 - 75% Opinion of Probable Cost
Engage third -party cost estimator to update cost opinion based on 75% Design Drawings and specifications.
Deliverable: 75% Opinion of Probable Cost
Task 2.11 - City Review of 75% Design Set (1 Meeting)
Task 2.12 - Revisions and Resubmittal to Community Development Deportment
Task 2.13 - 100% Design Drawings and Specifications
Upon approval of 75% design, the Design team will address comments and finalize construction documents ready for bidding.
Deliverables: 90% Design Drawings, 3 Part specification.
Task 2.14 - 100% Opinion of Probable Cost
Engage third -party cost estimator to update cost opinion based on 75% Design Drawings and specifications.
Deliverable: 75% Opinion of Probable Cost
Task 2.15 - Building Department Submittal (Plan Check Submittal and Revisions)
Design Team will provide documents for plan check submittal including, building. grading and offsite improvements.
Task 2.16 - Project Management and Coordination
Schedule updates, communication, QC.
Task 2.17 -Team Coordination (Web/phone Conf.)
Internal design team coordination through all design stages.
Phase 111: Construction
Task 3.1 - Bid RFI Response, Addendums
Provide assistance to City staff to respond to pre -bid Requests for Information (RFI's) and develop pre -bid addendum as necessary.
ARCHITECTURAL AND ENGINEERING SERVICES FOR 111E EXPANSION OF FIRE STATION NO. 1 CENTER PHASE 2 AND 3
City of Santo Muria Pogo 1 3 016
Task 3.2 - Pre -Construction Meetings (2 Meetings)
Attend Meetings with City's selected contractor to review construction procedures and schedule.
Task 3.3 - Construction RFI, CO and Submittal Review L Response Review submittals, shop drawings and reviewllNil that product submittals meet design specifications and criteria. Assist City with review of contractor pay applications, and respond to Requests for Information (RFI's) regarding the contract documents.
Task 3.4 - Site Visits and Reports (12 Months)
Includes construction meetings and visits to the site as appropriate to the stage of construction (maximum of 20 biweekly visits).
Task 3.5 - Punch walk and closeout Review
Determine when substantial completion is achieved. Provide written punch list of incomplete or unacceptable construction to compare with contractor's punch list. Provide one re -review of punch list items for each contract package.
Task 3.6 - Record Document Preparation
Update construction documents to reflect Contractor's handwritten or digital as -built notes. Provide electronic copies of record drawings to Owner.
Exclusions / Potential Additional Services:
It is helpful to list certain limitations that we assume will not be needed to be performed by the design team in order to complete the project scope. • City of Santa Maria Planning review and approvals
• Authority Having Jurisdiction review fees
• Right of way improvements
• Utility upgrades
• Owners project requirements, Commissioning
• Additional client meetings and site visits
• Roofing Assessments and Reports
• IT/Communication system design and specification
• Alerting System Design
• Security system design and specification
• Audio/Video system design and specification
• Energy modeling for Net Zero or solar studies
• Hazardous material evaluation / removal
• Traffic studies
• Fire Alarm Design (Assumed to be design -build)
• Fre Sprinkler Design (Assumed to be design -build)
• Changes required due to unanticipated field conditions • Environmental studies and reports
• Temporary Facilities, relocation plan
• Revisions of drawings, specifications, models, or other design documents when such revisions are:
ARCHITECTURAL AND ENGINEERING SERVICES FOR IHL EXPANSION OF FIRE STATION NO. I CENTER PHASE 2 AND 3
City of Sunk" Maria Page 1 4 of 6
Inconsistent with approvals or instructions previously
given by the Owner, including revisions made
necessary by adjustments in the Owner's program or
Project budget.
Required by the enactment or revision of codes,
laws, or regulations during or after the preparation of the design documents; or Due to changes required
as a result of the Owner's failure to render decisions
in a timely manner.
Fee Proposal:
A fixed fee proposal is provided to be billed as a percentage of completion by task and defined within Attached Exhibit A.
Reimbursables are billed with 1O% added to the cost and are not expected to exceed $10,502.
An optional Cost opinion at 30% drawings can be included in the fee for $9,464.
Owner -provided Items:
It is important that some items be provided by the client in a timely manner to maintain the proposed schedule and fee:
1. Notice to proceed
2. Signed contract documents
3. Existing condition reference drawings (as -built and original construction)
4. Timely review and return of comments and direction to the design team.
5. Authority Having Jurisdiction review fees (unless waived)
6. 30 -day electrical service load readings (if needed)
7. Comprehensive/destructive survey, air balancing report. system tests, tracing, or scoping of existing systems for Engineer's use (if needed)
8. Installation of low -voltage. communication, A/V and/or security systems (coordination of conduit and j -box placement included).
9. Commissioning
10. Geotechnical Investigations
ARCHITECTURAL AND ENGINEERING SERVICES I -OR THE EXPANSION OF FIRE STATION NO. I CENTER PHASE 2 AND 3
City of Santa Niue° Page 1 S of 6
We would like to thank you for the opportunity to assist the City of Santa Maria with this project. If you feel that this proposal is in alignment with your goals for this project please indicate your approval below. Please contact me if you have any questions or comments.
Sincerely,
Tyson Cline, AIA, Prin pal, Partner
Roesling Nakamura Terada Architects, Iic.
> Please sign below and return a copy to authorize your approval.
Signature Date
Name
ARCHITECTURAL AND ENGINEERING SERVICES FOR THE EXPANSION OF FIRE STATION NO. 1 CENTER PHASE 2 AND 3
City of Santa Maio Pope 16 of 6
EXHIBIT "B"
PAYMENT
Progress Authorization
Written authorization to proceed from the City authorizes the Consultant to generate the not -to -exceed cost of EIGHT HUNDRED NINETY-FOUR THOUSAND SEVEN HUNDRED AND SEVENTY-EIGHT DOLLARS ($894,778) in fees for all work under this contract. City shall prepare written authorization to proceed for specific tasks prior to authorization. These tasks shall be determined on an as -needed and on -call basis.
11. Invoice procedure.
A. Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.
B. The Consultant shall present the bill for charges by the second day of the month.
C. The Consultant's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subConsultants, and other direct costs incurred.
III . Maximum billable amounts
Under no circumstance shall the total of all payments to the Consultant exceed ninety percent (90%) of the maximum not -to -exceed cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A".
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EXHIBIT "C"
INSURANCE REQUIREMENTS
Consultant shall 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 hereunder by the Consultant, his/her agents, representatives, or employees. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.
2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired (Code 8) and non -owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.
Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: Statutory limits.
4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.
5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.
C. Self -insured Retentions
Self -insured retentions must be declared to and approved by the City.
The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.
Other Insurance Provisions
The liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or
operations. General liability coverage can be provided in the form or an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 0413 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials. employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be
given by overnight mail, facsimile with confirmation of receipt. or certified mail with return -receipt requested.
4. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. If any of the required policies provide claims -made coverage:
a. The Retroactive Date must be shown, and must be
before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of
insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non -renewed, and not
replaced with another claims -made policy form with a
Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
F. Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences.
However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them.
The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
G. Special Risks or Circumstances
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience. insurer, coverage, or other special circumstances.