HomeMy WebLinkAboutCM Temporary Parking of FD VehiclesDecember 13, 2016
Jim Schultz
City Manager
City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94901
GOLDEN GATE i3 QGE
'HIGHWAY & IItANSPORIANO.\ DISI MCI
RE: LETTER AGREEMENT BETWEEN GOLDEN GATE BRIDGE, HIGHWAY AND
TRANSPORTATION DISTRICT AND THE CITY OF SAN RAFAEL FOR
TEMPORARY PARKING OF FIRE DEPARTMENT VEHICLES
This Letter Agreement dated December 13, 2016 between the Golden Gate Bridge, Highway,
and Transportation District (District) and the City of San Rafael (City) is entered into to allow
the City to temporarily park its Fire Department vehicles on District's San Rafael Administration
and Bus Facility property, which is located at 1011 Andersen Drive, San Rafael, CA (Premises).
The City has requested, and District is willing to grant, use of a portion of the Premises to park
Fire Department vehicles during the remodeling and reconstruction of the City's Fire Stations.
The portion of the San Rafael Administration and Bus Facility to be used to park Fire
Department vehicles is depicted on the attached exhibit.
The term of this Letter Agreement shall commence immediately upon execution of this
Agreement and shall continue until it is terminated by either party by providing thirty (30) days'
written notice. If not terminated prior, this Letter Agreement will terminate on December 31,
2017.
In using District's property for temporary parking of Fire Department vehicles, City shall assume
all risk of damage to the Fire Department vehicles when parked on District's property and any
injury to persons upon the Premises associated with parking its vehicles, driving its vehicles on
or off the property and access to its vehicles as allowed under the terms of this Letter Agreement,
except for any damage or injury caused solely by the active negligence or willfid misconduct of
the District. City waives all claims, demands and lawsuits and releases the District from any and
all liability City may have against District concerning the Fire Department vehicles parked on the
Premises or City's use of said Premises.
City shall release, defend, indemnify, keep and save harmless District, and its directors, officers,
employees and agents ( collectively, "Indemnitees") from and against any and all liability, suits,
claims or actions arising out of any injury or injuries to, or death or deaths of, persons or
property that may occur, or that may be alleged to have occurred, from any cause or causes
whatsoever, while in, upon, about, or in any way connected with the use of the Premises by City,
its agents, employees, contractors, subcontractors or invitees. Provided, however, that the
foregoing shall not apply to any claims for loss, damage, injury or liability caused solely by the
gross negligence or willful misconduct on the part of District, its employees, agents or
representatives. City further agrees to defend any and all such actions, suits or claims and pay all
charges of attorneys and all other costs and expenses arising therefrom or incurred in connection
BOX 9000, PRESIDIO STATION • SAN FRANCISCO, CA 94129-0601
//1 - -1- 4 9 3 -sr
therewith, and if any judgment be rendered against the District or any of the other individuals
enumerated above in any such action, City shall, at its expense, satisfy and discharge the same.
This indemnity shall survive the termination of this Agreement.
City shall provide to District a revision to the attached Certificate of Insurance, which was
provided for the License Agreement entered into between the parties for the purposes of parking
a mobile command trailer/modular, as well as conducting occasional San Rafael Police
Department (SRPD) motorcycle drivers training exercises. The revised Certificate of Insurance
will cover the temporary parking of Fire Department vehicles under this Letter Agreement and
will be provided to the District prior to the initiation of Fire Department vehicle parking under
the terms of this Letter Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly
authorized officers as of the day and year first above written.
GOLDEN GATE BRIDGE, HIGHWAY,
AND TRANSPORTATION DISTRICT
By: J.
DENIS J lblitl LIGAN
GENERAL MANAGER
Date:
Appro%cel a�, Form: _,_—
C
Legal Counsel for District
Cl FY6HUTZ AN FA L
By: -
CANAGER
Date: 11,116-16
Approved as to Form:
Robert F. Epstein, City Attorney
ATTEST:
Esther C. Beirne, City Clerk
INSURANCE REQUIREMENTS FOR LETTER AGREEMENT BETWEEN GOLDEN
GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT AND THE CITY
OF SAN RAFAEL FOR TEMPORARY PARKING OF FIRE DEPARTMENT
VEHICLES
Insurance Requirements
(a) Workers' Compensation. City shall procure and maintain at all times during the
term of this Agreement Workers' Compensation Insurance and Employers' Liability Insurance in
conformance with the laws of the State of California. Employers' Liability Insurance shall have
coverage for a minimum of One Million Dollars ($1,000,000) per accident covering Licensee's
employees engaged in work. City shall insure the procurement and maintenance of such
insurance by all contractors or subcontractors engaged by City in work allowed under this
Agreement.
Prior to commencement of the term of the Letter Agreement, City shall deliver to District
a Certificate of Insurance which shall stipulate that thirty (30) days advance written notice of
cancellation, non -renewal or reduction in limits shall be given to District.
(b) Personal Iniury and Propertv Damaae Liabilitv Insurance. City shall also procure
and maintain at all times during the term of this Agreement Personal Injury and Property
Damage Liability Insurance and Automobile insurance covering Licensee and District for any
liability arising out of the use of, or occurring in, on, or about the Premises. The policy(ies) shall
include coverage for all vehicles, licensed or unlicensed, on or off the Premises, used by or on
behalf of Licensee during the term of this Agreement.
The policy(ies) shall be subject to a limit for each occurrence of Five Million Dollars
($5,000,000) naming as additional insureds the District and its directors, officers, employees
and agents. The Insurer(s) shall agree that its policy(ies) is Primary Insurance and that it shall
be liable for the full amount of any loss up to and including the total limit of liability without right
of contribution from any other insurance covering District.
Inclusion of District as an additional insured shall not in any way affect its rights as
respects to any claim, demand, suit or judgment made, brought or recovered against Licensee.
Said policy shall protect City and District in the same manner as though a separate policy had
been issued to each; but nothing in said policy shall operate to increase the Insurer's liability as
set forth in the policy beyond the amount or amounts shown or to which the Insurer would have
been liable if only one interest had been named as an insured.
(c) Insurance Certificates. Prior to commencement of the term of the Agreement and
prior to entering onto Premises, City shall deliver to District a Certificate of Insurance evidencing
the required coverage and endorsement(s) and upon request, a certified duplicate original of
any of these policies. Said endorsements and Certificate (s) of Insurance shall stipulate:
i. The insurance company(s) issuing such policy(ies) shall give written notice to District
of any material alteration, cancellation, non -renewal, or reduction in aggregate limits, if such
limits apply, and provide at least thirty (30) days notice of cancellation.
ii. That the policy (ies) is Primary Insurance and the insurance company(ies) providing
such policies shall be liable thereunder for the full amount of any loss or claim which City is
liable for under Section 7, up to and including the total amount of liability, without the right of
contribution from any other insurance effected or which may be effected by the Insureds.
iii. The insurance policy (ies) shall be written by an insurance company or companies
acceptable to the District. Such insurance company shall be authorized to transact business in
the state of California.
iv. City's contractors and subcontractors must meet the insurance requirement stated
above.
(d) Riaht of Self Insurance. Upon District's review and approval and upon proof of
adequately funded reserves either through a shared pool of reserves or through its own
reserves, City shall have the right to self -insure the above require coverages. City must provide
District with a certificate naming the District as outlined above and evidencing self insurance
and evidence of the existence of sufficient reserves to fund the coverage levels required under
this Letter Agreement.
PREMISES
San Rafael Fire Department Access Plan
Air f
_
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1XIVO ..
Enter main access gate from Andersen Drive during regular business hours, 8am to 5pm (except
in cases of an emergency).
Drive straight towards the rear fence (highway 580) and turn right just past the first shop
building in the center of the yard (fuel island). Continue towards perimeter fence and park to the
left of the portable garage in which two antique buses are stored.
Check in with the shop foreman by entering the main shop through the doors near the green box
shown in the picture.
After concluding your business at the vehicle, check out with the shop foreman when leaving.
We will assume the vehicle is remaining on site unless you tell us otherwise.
CERTIFICATE OF INSURANCE
CALIFORNIA JOINT POWERS
RISK MANAGEMENT AUTHORITY
Accredited soieb Excellence from the California Association of Joint Powers Authorities
CERTIFICATE OF COVERAGE
Certificate Holder and
Additional Covered Party: Golden Gate Bridge, Highway and Transportation District, and its directors,
officers, employees and agents
1011 Andersen Drive
San Rafael, CA 94901-5318
Attn: Norma Jellison, Manager of Real Estate
This certifies that the coverage
Described herein has been issued to: City of San Rafael
Description of Activity: Letter Agreement dated 12/13/16 to allow the City to temporarily park its Fire Department
vehicles on GGBH&TD's San Rafael Administration and Bus Facility property at 1011 Andersen Drive
Date(s) of Activity: December 16, 2016 to December 31, 2017
Location of Activity: 1011 Andersen Drive
San Rafael, CA
Entity Providing Coverage Excess Coverage Certificate
Expiration Date
California Joint Powers Risk Management Authority $4,500,000 June 30, 2017
excess of
$500,000
The following coverage is in effect and is provided through participation in a risk sharing joint powers authority:
general liability and automobile liability -pooled self-insurance, as defined in the Memorandum of Coverage on file
with the entity and which will be made available upon request.
The coverage being provided is limited to the activity and the time period indicated herein and is subject to all the
terms, conditions and exclusions of the Memorandum of Coverage of the California Joint Powers Risk Management
Authority.
Pursuant to Section II, subsection 8, relating to the definition of a covered party, the certificate holder named herein
is only an additional covered party for covered claims arising out of the activity described herein and is subject to
the limits stated herein.
Coverage is in effect at this time and will not be cancelled, limited or allowed to expire at a date other than that
indicated herein except upon 30 days written notice to the certificate holder.
Dece er 15. 2016
Date
V•
thorized Signature
Certificate Number: 2016-2017-COC453
Form C
David J. Clovis. ARM. General Manaeer
Name and Title (Print or type)
3201 Doolan Road, Suite 285 * Livermore, CA 94551 • Phone (925) 837-0667 • FAX (925) 290-1543
r CITY Of
MAYOR GARY O PHILLIPS
' •;,j A -. f ,� r VICE MAYOR KATE COLIN
• • i; ii,l•iiY�li� COUNCILMENIBER MARIBETH BUSHEY
COUNCILMEMBFR JOHN GA\IBLI\
Nu"""'t�it,
COLNCILAIEAIBER ANDREW CUYUGAN MC'CULL000H
;I
OFFICE 017111 CITY A'l-1'ORNEY
Roberl F Epstein, City Attorney
Lisa A Goldlien, Assistant City Attorney
Ei ie T Davis, Deputy City Attomey I I
November 9, 2016
Golden Gate Bridge, Highway & Transportation District
101 1 Andersen Drive
San Rafael, CA 94901-53 18
Attention: Norma Jellison, Manager of Real Estate
Services and Property Development
Re: License Agreement By and Between Golden Gate Bridge, Highway and
Transportation District and the City of San Rafael, Dated October I, 2014
Dear Ms, Jellison:
The City of San Rafael, as permitted under State law, is self-insured for general liability,
including automobile liability, for the first $500,000. Accordingly, the City does not have a commercially
issued general liability insurance policy. Additionally, the City participates in a public entity excess
liability pool for additional liability coverage in excess of $500,000. The pool, the California Joint
Powers Risk Management Authority (CJPRMA) provides the City's excess coverage under a
Memorandum of Coverage. Enclosed is a copy of the Certificate of Coverage showing Golden Gate
Bridge, I hallway and Transportation District and its directors, officers, employees and agents named as
additional covered parties.
With respect to Worker's Compensation liability, the City is sell -insured for the first $1,000,000
and has a separate excess liability policy from Safety National Casualty Corporation, as detailed on the
enclosed copy of the City of San Ratael's Certificate for Specific Excess Workers' Compensation and
Employers' Liability insurance.
Because it is a local governmental agency existing in the State of California, and because it is
entitled to self -insure under the Government Code, the City assumes that this letter -will satisfy the
insurance requirements of the above -referenced License Agreement between Golden Gate Bridge,
Highway and Transportation District and the City of San Rafael.
Please call the City Attorney's Office at 415-485-3080 should you have any questions regarding
insurance.
V •Illy }slurs.
LISA A. GOLDFIIit
Assistant City Attorney
Enclosures
cc: Chief Diana Bishop, SRPD
Richard Hibbs, GGBH&TD Director of Bus Operations
David J. Miller, Esq., Hanson Bridgett LLP
1400 Fifth Avenue (P O Bos 151560) San Rafael, CA 94915-1560
PHONE-: (415)485-3080 / FAX (415)485-3109 / EMAIL" city.iutonleyc)eilyolsaurarael.org
f% CALIFORNIA JOINT POWERS
RISK MANAGEMENT AUTHORITY
]. ceredited with Esceflewca from the California Ass oclation of Joint Powers Authorities
CERTIFICATE OF COVERAGE
Certificate Holder and
Additional Covered Party: Gnlden Gate Bridge, Highway and Transportation District and its directors,
officers, employees and agents
1011 Andersen Drive
San Rafael, CA 94901-5318
Attn: Norma Jellison, Manager of Real Estate
This certifies that the coverage
Described herein has been issued to: City of San Rafael
Description of Activity: License Agreement dated October 1, 2014 - Parking a mobile command trailerimodular
and conducting occasional San Rafael Police Department motorcycle driver training exercises on a portion of the
San Rafael Administration and Bus Facility property located m San Rafael
Date(s) of Activity: October 01, 2016 to June 30, 2017
Location of Activity: 1011 Andersen Drive
San Rafael, CA
_.—............
Entity Providing Coverage Excess Coverage Certificate
Expiration Date
California Joint Powers Risk Management Authority _ $4, 0
exccessess of June 30, 2017
o
$500,000
The following coverage is in effect and is provided through participation in a risk sharing joint powers authority:
general liability and automobile liability pooled self-insurance, as dcflned in the Memorandum of Coverage on file
with the entity and which will be made available upon request.
The coverage being provided is limitctl to the activity and the time period indicated herein and is subject to all the
terms, conditions and exclusions of the Memorandum of Coverage of the California Joint Powers Risk Management
Authority.
Pursuant to Section 11, suhsectimr 8, relating to the definition of a covered party, the certificate holder named herein
is only an additional covered party for covered claims arising out of the activity described herein and is subject to
the limits stated herein.
Coverage is in effect at this time and will not be cancelled, limited or allowed to expire at a date other than that
indicated herein except upon 30 days written notice to the certificate holder.
eunber 07.21116
1 • r
Authorized Signature
Certificate Number. 2016-?017-COC1418
Form C
David .1. Clovis, ARM, General Ntanat:er
Name and Title (Print or type)
3201 Doolan Road, Suite 285 • Livermore, CGS 94551 • Phone (925) 837-06fi7 • FAX (925) 290.1543
4iiik
ti 1 1 • 1
A member of the Tokio Marine Group
CERTIFICATE OF INSURANCE
1832 Schuetz Road
St Louis MO 63146-3540
Telephone (888) 995-5300
(314) 995-5300
Fax (314) 995-3843
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON
THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE
COVERAGE AFFORDED BY THE POLICY LISTED BELOW.
NAME AND ADDRESS OF CERTIFICATE HOLDER.
California Department of Industrial Relations
Ms. Jamie L. Meyers
Office of Self -Insurance Plans
11050 Olson Drive
Suite 230
Rancho Cordova, CA 95670-5600
This is to certify that the policy of insurance listed below has been issued to the insured named below and is in
force at this time. Notwithstanding any requirement, term or condition of any contract or any other document with
respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described
herein is subject to all the terms, exclusions and conditions of such policy. Should any of the policy described
herein be canceled before expiration date thereof the CORPORATION will endeavor to mail sixty (60) days
written notice to the above named certificate holder, but failure to mail such notice shall impose no obligation or
liability of any kind upon the CORPORATION.
NAME INSURED EMPLOYER CITY OF SAN RAFAEL
ADDRESS: 1400 FIFTH AVENUE, SAN RAFAEL, CA 94901
POLICY NUMBER: SP 4054929
TYPE OF INSURANCE: Specific Excess Workers' Compensation and Employers' Liability Insurance
LOCATION(S): CALIFORNIA
POLICY LIABILITY PERIOD: July 01, 2016 through July 01, 2018
POLICY PAYROLL
REPORTING PERIOD: July 01, 2016 through July 01, 2017
Self -Insured Retention Per Occurrence $ 1,000,000
Maximum Limit of Indemnity Per Occurrence Statutory
Employers' Liability Maximum Limit of Indemnity Per Occurrence and Aggregate $ 2,000,000
SAFETY NATIONAL CASUALTY CORPORATION
/>� Z,��ik
By: Seth A. Smith
Senior Vice President Workers' Compensation Underwriting
Date, May 25, 2016
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Fire
Project Manager: Chris Gray
Extension: 3084
Contractor Name: GGBH&TD
Contractor's Contact: Norma Jellison
Contact's Email: njellison@goldengate.org
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER
DEPARTMENT DATE Check/Initial
1 Project Manager a. Email PINS Introductory Notice to Contractor N/A
12/13/2016
b. Email contract (in Word) & attachments to City
Atty c/o Laraine.Gittens@cityofsanrafael.org
2 City Attorney a. Review, revise, and comment on draft agreement 12/14/2016
and return to Project Manager N/A ® ETD
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
3 Project Manager Forward three (3) originals of final agreement to 12/15/2016
contractor for their signature
4 Project Manager When necessary, * contractor -signed agreement ®' N/A
agendized for Council approval
*PSA > $20,000; or Purchase > $35,000; or Or
Public Works Contract > $125,000
Date of Council approval Click here to
enter a date
PRINT CONTINUE ROUTING PROCESS WITH HARD COPY
5 Project Manager Forward signed original agreements to City 12/15/16 ETD
Attorney with printed copy of this routing form
6 City Attorney Review and approve hard copy of signed 12/15/16 ETD
agreement
7 City Attorney Review and approve insurance in PINS, and bonds N/A ETD
(for Public Works Contracts)
8 City Manager/ Mayor Agreement executed by Council authorized official t//`N
9 City Clerk Attest signatures, retains original agreement and f
forwards copies to Project Manager 1'2 (,& —t` -2&