HomeMy WebLinkAboutCC Resolution 13627 (General Plan 2020 10-Yr. Review)AMN,�v�
41.
RESOLUTION NO. 13627
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH
METROPOLITAN PLANNING GROUP TO PREPARE THE SAN RAFAEL GENERAL
PLAN 2020 10 -YEAR REVIEW AND HOUSING ELEMENT UPDATE, AND FOR AS -
NEEDED LONG-RANGE PLANNING SERVICES
(Term of Agreement: from October 15, 2013 to October 15, 2015
for an amount not -to -exceed $123,231.00)
WHEREAS, the City of San Rafael is required by State law to maintain an adopted and legally -
adequate General Plan to address long-term planning and growth for community. In 2004, the San Rafael
General Plan 2020 was adopted, which contains the State -mandatory elements along with additional
elements to cover and address locally -important issues, and hundreds of goals, policies and programs; and
WHEREAS, the San Rafael General Plan 2020 includes Land Use Element Program LU -la
(Five -Year Growth Assessment), which prescribes that the City conduct a five-year growth assessment
to assess the progress of growth, and, as needed, update policies, the traffic mitigation list and the
traffic mitigation fee. Consistent with the program, the City has initiated a 10 -year review of the
General Plan 2020; and
WHEREAS, consistent with State law, the General Plan Housing Element must be updated
concurrent with the Regional Housing Need Allocation (RHNA) cycle. The City's Housing Element was
last updated and certified in 2011 to comply with the 2007-2014 RIfNA cycle; and
WHEREAS, it is the desire of the City to hire a planning consultant to prepare a I 0 -year review of
the San Rafael General Plan 2020, complete an update of the Housing Element to comply with the next
M14-2022 RHNA cycle, and provide long-range planning services on an as -needed basis; and
WHEREAS, the Metropolitan Planning Group (M -Group) was selected based on its local
experience in preparing and successfully achieving State -certification of numerous General Plan Housing
Elements; and
WHEREAS, the M -Group has prepared a proposal for needed consultant services, which is
provided in Exhibit "A" of Attachment 1; and
WHEREAS. the M -Group proposal for services includes a not -to -exceed budget of $123,231.
This budget includes the completion of all necessary tasks in accordance with an approved schedule
and timeline and a contingency for as -needed long-range planning services; and
WHERE -AS, sufficient funds have been appropriated in the General Plan Implementation
Program within the City's General Fund to support this contract. This program is funded by fees
collected as a surcharge on all building permit fees and its purpose is to fund oiloing maintenance
and update of the San Rafael General Plan 2020.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael does
hereby authorize the City Manager to execute, on behalf of the City of San Rafael, an Agreement for
Professional Services with the M -Group.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution
was duly and regularly introduced and adopted at a regular meeting of the City Council of said City
held on Monday, the 7"' day of October 2013, by the following vote, to wit:
AYES: COUNCILMEMBERS: Colin, Connolly, Heller, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER C. BEIRNE, City Clerk
Attachment 1: Professional Services Agreement with Metropolitan Planning Group with Exhibit A
Proposal for Services
AGREEMENT FOR PROFESSIONAL SERVICES WITH THE
METROPOLITAN PLANNING GROUP (M -GROUP) FOR PREPARATION OF THE SAN
RAFAEL GENERAL PLAN 202010 -YEAR REVIEW AND HOUSING ELEMENT
UPDATE, AND FOR ON-GOING PLANNING SERVICES
This Agreement is made and entered into this 7th day of October, 2013, by and between the
CITY OF SAN RAFAEL (hereinafter "CITY"), and the Metropolitan Planning Group (hereinafter
"CONTRACTOR").
RECITALS
WHEREAS, the City of San Rafael is required by State law to maintain an adopted and
legally -adequate General Plan to address long-term planning and growth for community. In 2004,
the CITY adopted the San Rafael General Plan 2020, which contains the State -mandatory elements
along with additional elements to cover and address locally -important issues; and hundreds of goals,
policies and programs; and
WHEREAS, the San Rafael General Plan 2020 includes Land Use Element Program LU -
la (Five -Year Growth Assessment), which prescribes that the. CITY conduct a five-year growth
assessment to assess the progress of growth, and, as needed, update policies, the traffic
mitigation list and the traffic mitigation fee. Consistent with the program, the CITY has initiated
a 10 -year review of the General Plan 2020; and
WHEREAS, consistent with State law, the General Plan Housing Element must be updated
concurrent with the Regional Housing Need Allocation (RHNA) cycle. The CITY's Housing
Element was last updated and certified in 2011 to comply with the 2007-2014 RHNA cycle; and
WHEREAS, it is the desire of the CITY to hire a CONTRACTOR to prepare. a 10 -year
review of the San Rafael General Plan 2020 and to complete an update of the Housing Element to
comply with the next 2014-2022 RHNA cycle, and
WHEREAS, it is the desire of the CITY to hire a CONTRACTOR to provide long-range
planning services and assistance on an as -needed basis; and
WHEREAS, the CITY solicited and received service proposals from two planning
consultant firms for the desired planning services. The CONTRACTOR was selected based on its
local experience in preparing and successfully achieving State -certification of numerous General
Plan Housing Elements.
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
PROJECT C'OORDLNATION.
Version 2-15-11
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A. CITY. The City Manager shall be the representative of the CITY for all purposes
under this Agreement. Paul Jensen, the CITY Community Development Director is hereby
designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall
supervise all aspects of the progress and execution of this Agreement.
B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR
to have overall responsibility for the progress and execution of this Agreement for
CONTRACTOR. Geoff Bradley, Principal of the Metropolitan Planning Group is hereby
designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or
conditions subsequent to the execution of this Agreement require a substitute PROJECT
DIRECTOR for any reason, the CONTRACTOR shall notify the CITY within ten (10) business
days of the substitution.
2. DUTIES OF CONTRACTOR.
CONTRACTOR shall perform the duties and/or provide services as described and
presented in attached Exhibit A, entitled Cite c?f San Rafael Proposal to Provide Consulting Services
.fbr General Plan 2020 Tema -Year Review Housing Element Update 2014-2022 & General Plan
Assistance (August 21, 2013) attached hereto and incorporated herein.
3.. DUTIES OF CITY.
CITY shall perform the duties and/or provide services as described and presented in
attached Exhibit A entitled, City of San Rafael Proposal to Provide Consulting Services for General
Plan 2020 'Ten -Year Rer,ievv Housing Element Update 2014-2022 & General Plana Assistance
(August 21, 2013) attached hereto and incorporated herein.
4. COMPENSATION.
For the full performance of the services described herein by CONTRACTOR, CITY shall
pay CONTRACTOR as follows:
A. For services associated with preparing the General Plan 2020 10 -year Review and
Housing Element Update, an amount not to exceed $123,231.00, which is based upon the budget
presented in attached Exhibit A, Section 6 (Fee Estimate). This not -to -exceed amount includes a
25% contingency.
B. For as -needed, long-range planning services, CITY shall be compensate:
CONTRACTOR on a time and material basis utilizing the 25% contingency that is incorporated
into the authorized, not -to -exceed budget, 'With such services based on the 2013 rate. street presented
in attached Exhibit A. Section 6 (Fee Estimate).
Payment will be trade monthly upon receipt by PROJECT MANAGER (or- other CID
of ficial) of iternized invoices submitted by CONTRACTOR.
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5. TERM OF AGREEMENT.
The term of this Agreement shall be for two (2) years commencing on October 15, 2013 and
ending on October 15, 2015. Upon mutual agreement of the parties, and subject to the approval of
the City Manager, the term of this Agreement can be extended for an additional period of two (2)
years.
6. TERMINATION.
A. Discretionary. Either party may terminate this Agreement without cause upon
thirty (30) days written notice mailed or personally delivered to the other party.
B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days
written notice mailed or personally delivered to the other party, and the notified party's failure to
cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such
notice, within such fifteen (_ 15) day time period.
C. Effect of Termination. Upon receipt of notice of termination, neither party shall
incur additional obligations under any provision of this Agreement without the prior written consent
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of the other.
D. Return of Documents. Upon termination, any and all CITY documents or
materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and
materials prepared for or relating to the performance of its duties under this Agreement, shall be
delivered to CITY as soon as possible, but not later than thirty (30) days after termination.
7. OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by the CONTRACTOR in connection with
the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may
use said property for any purpose, including projects not contemplated by this Agreement.
8. INSPECTION AND AUDIT.
Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for
inspection and audit, all documents and materials maintained by CONTRACTOR in connection
with its performance of its duties under this ,=agreement. CONTRACTOR shall fully cooperate
with CITY or its agent in any such audit or inspection.
9. )kSSIGNABILITY.
The parties agree that they shall not assign or transfer anv interest in this Agreement nor the
performance of any of their respective obligations hereunder, without the prior written consent of
the other party. and any attempt to so assign this Agreement or any rights, duties or obligations
arising hereunder shall be void and of no effect.
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10. INSURANCE.
A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense
to CITY, the following insurance policies:
1. A commercial general liability insurance policy in the minimum amount of
one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property
damage.
2. An automobile liability (owned, non -owned, and hired vehicles) insurance
policy in the minimum amount of one million ($1,000,000) dollars per occurrence.
3. If any licensed professional performs any of the services required to be
performed under this Agreement, a professional liability insurance policy in the minimum amount
of one million $1,000,000) dollars to cover any claims arising out of the CONTRACTOR's
performance of services under this Agreement.
B. The insurance coverage required of the CONTRACTOR by section 11. A., shall
also meet the following requirements:
1. The insurance shall be primary with respect to any insurance or coverage
maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution.
2. Except for professional liability insurance, the insurance policies shall be
endorsed for contractual liability and personal injury.
3. Except for professional liability insurance, the insurance policies shall be
specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as
additionally named insureds under the policies.
4. CONTRACTOR shall provide to City's Risk Manager, (a) Certificates of
Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming
CITY, its officers, agents, employees, and volunteers, as additional named insureds under the
policies.
5. The insurance policies shall provide that the insurance carrier shall not
cancel, terminate or otherwise modify the terms and conditions of said insurance policies except
upon ten (10) days written notice to City's Risk Manager.
6. If the insurance is written on a Claims Made Dorm, then. followino
termination of this Agreement, said insurance coverage shall survive for a period of not less than
five years.
7. The insurance policies shall provide for a retroactive date of placement
coincidin¢ with the effective date of this Agreement.
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8. The insurance shall be approved as to form and sufficiency by PROJECT
MANAGER and the City Attorney.
C. If it employs any person, CONTRACTOR shall maintain worker's compensation
and employer's liability insurance, as required by the State Labor Code and other applicable laws
and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability
for injuries to CONTRACTOR's officers and employees.
D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies
must be declared to and approved by the City's Risk Manager and the City Attorney. At CITY's
option, the deductibles or self-insured retentions with respect to CITY shall be reduced or
eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment
of losses and related investigations, claims administration, attorney's fees and defense expenses.
11. INDEMNIFICATION.
A. Except as provided in Paragraph B., CONTRACTOR shall indemnify, release,
defend and hold harmless CITY, its officers, and employees, against any claim, demand, suit,
judgment, loss, liability or expense of any kind, including attorney's fees, arising out of or
resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of
CONTRACTOR or CONTRACTOR's officers, agents and employees in the performance of
their duties and obligations under this Agreement.
B. Where the services to be provided by CONTRACTOR under this Agreement are
design professional services to be performed by a design professional as that term is defined
under Civil Code Section 2782.8, CONTRACTOR shall, to the fullest extent permitted by law,
indemnify, release, defend and hold harmless CITY, its officers, and employees, against any
claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees,
that arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of
CONTRACTOR in the performance of its duties and obligations under this Agreement.
12. NONDISCRIMINATION.
CONTRACTOR shall not discriminate, in any way, against any person on the basis of age,
sex, race, color, religion, ancestry, national origin or disability in connection with or related to the
performance of its duties and obligations under this Agreement.
1 ?, COMPLIANCE WITH ALL LAWS.
CONTRACTOR shall observe and comply with all applicable federal, state and local laws,
ordinances. codes and regulation, in the performance; of its duties and obligations under this
Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with
these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify
and hold harmless CITY. its officers, agents and employees from any and all damages. liabilities,
penalties, fines and all other consequences from any noncompliance or violation of any laws.
ordinances, codes or regulations.
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14. NO THIRD PARTY BENEFICIARIES.
CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in
any third party, any benefit or right owed by one party, under the terms and conditions of this
Agreement, to the other party.
15. NOTICES.
All notices and other communications required or permitted to be given under this
Agreement, including any notice of change of address, shall be in writing and given by personal
delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the
parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or
if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as
follows:
TO CITY: Paul Jensen, Director
Community Development Department
City of San Rafael
1400 Fifth Ave. (P.O. Box 151560)
San Rafael, CA 94915-1560
TO CONTRACTOR: Geoff Bradley, Principal
Metropolitan Transportation Group
579 Clyde Avenue, Suite 340
Mountain View, CA 94043
16. INDEPENDENT CONTRACTOR.
For the purposes, and for the duration, of this Agreement. CONTRACTOR, its officers,
agents and employees shall act in the capacity, of an Independent Contractor, and not as employees
of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of
CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not
that of an employee of CITY.
17. ENTIRE, AGREEMENT -- AMENDMENTS.
A. The terms and conditions of this Agreement. all exhibits attached, and all documents
expressly incorporated by reference, represent the entire Agreement of the parties with respect to the
subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements. oral or written,
regarding the subject matter between the CONTRACTOR and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the subject
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matter of this Agreement. shall be valid or binding, except by way of a written amendment to this
Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified except
by a written amendment to this Agreement signed by the CONTRACTOR and the CITY.
E. If any conflicts arise between the terms and conditions of this Agreement, and the
terms and conditions of the attached exhibits or the documents expressly incorporated by reference,
the terms and conditions of this Agreement shall control.
18. SET-OFF AGAINST DEBTS.
CONTRACTOR agrees that CITY may deduct from any payment due to
CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under
any ordinance, agreement. contract or resolution for any unpaid taxes, fees, licenses, assessments,
unpaid checks or other amounts.
19. WAIVERS.
The waiver by either party of any breach or violation of any term, covenant or condition of
this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any
other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or
violation of the same or other term, covenant, condition, ordinance, law or regulation. The
subsequent acceptance by either party of any fee, performance, or other consideration which may
become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding
breach or violation by the other party of any term, condition, covenant of this Agreement or any
applicable law, ordinance or regulation.
20. COSTS AND ATTORNEY'S FEES.
The prevailing party in any action brought to enforce the terms and conditions of this
Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs
(including claims administration) and attorney's fees expended in connection with such action.
21. CITY BUSINESS LICENSE / OTHER TAXES.
CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY
business license as required by the San Rafael 744unicipal Code. CONTRACTOR shall pay any
and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for
any work performed under this Agreement, until CONTRACTOR has provided CITY with a
completed Internal Revenue Service Form kV -9 (Request for Taxpayer Identification Number and
Certification). CONTRACTOR's taxpayer identification number is EIN 20-5205208.
22. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL
NANCY MACS E, City Manager
ATTEST:
ESTHER C. BEIRNE, City Clerk
APPROVED AS TO FORM:
a
ROBERT F. EPSTEN, City'Attorney
CONTRACTOR
Bye'' r
Naive: "Geoff Bradley'
Title: Principal
EXHIBIT A: Proposal to Provide Consultant Services for General Plan 2020 Ten -Year, Housing
Element update 2014-12022 and General Plan ,Assistance, Metropolitan Planning
Group; August l2, 2013
HEUpdate.PSA NIGroup 9-75-13
8
Metropolitan Planning Group
Proposal for Services
EXHIBIT A
Metropolitan Planning Group
Proposal for Services
Client#: 7380811 r METRPLAN
DATE (MMIDDNYYY)
460W. CERTIFICATE OF LIABILITY INSURANCE 9/1912013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).--
PRODUCER I AE:CT Louise Lee
HUB International Insurance Services 1
'PHONEExt): 650-237-3018 FAX N,,,: 650-560-6380
(AIC, No, (Pic
1091 North Shoreline Blvd., Suits- 200 ADDRESS:
SS: louise.lee@hubinternational.com
.Mountain View, CA 94043 INSURER(S) AFFORDING COVERAGE NAIC 4
INSURED
Metropolitan Planning Group
579 Clyde Avenue #340
Mountain Ilew CA 94043
INSURER A: Golden Eagle
INSURER B: Hartford Fire Insurance Co.
INSURER C! Mt Vernon Fire Insurance Co.
INSURER D:
INSURER E:
INSURER F!
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW BEEN ISSUED TO THE INSURED NAIVED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, 'TERM OR CONDrricsi OF ANY CONTRACT OR OTHER DOCW,,1ENT WITH RESPECT TO WHICH THIS
CERTIFICATE t-AAY BE ISSUED OR EAAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMIS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOV,,fN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR' TYPE OF INSURANCE 1ADDLSUBR' POLICY EFF POLICY
LTR GENERAL LIABILITY ___----INSR-WVD (MMIDD/YYYY) (NIM18DLIMIT I S $2000000
A x CBP1086422 0410912013 04109/201 EACH OCCURRENCE
PAV,AC-TT RENTED
11,
ES
$100000
X COMMERCIAL GENERAL LIABILITY S?Ea occurrence}
BE I X] OCCUR MED EXP (Any one person) $5000
PERSONAL & ADV INJURY $2000000
GENERAL AGGREGATE $4000000
GEN'L AGGREGATE UMITAPPLIES PER: PRODUCTS - CC;MP/CP AGG 54000000
FCT
—x] POLICY [— R
J
] PO -i LOG COMBINED SINGLE LIM' r 51000000
A AUTOMOBILE LIABILITY UEa--P-e1�-1dq-r11i—
ANY AUTO BODLY INJURY (Per person) I$
ALL OWNED SCHEDULED BODILY INJURY (PeraccidcrIll) $
AUTOS AUTOS
PROPERTY DAMAGE
X
NON-CWTIEG
HiREDAUTOS AUTOS
CBP1086422 04/0912013 04109120114 $
UMBRELLA LIAR 04109/2013 04109/20114 EACH OCCt-fPRENCF $1000
'UR CU1086422
A 000
-REG
EXCESS LIAR CLAIMS AGC -ATL
ICS IATUo+
B WORKERS COMPENSATION X 57WECEU0561 04/09/2013 04109r2014 X FR I
AND EMPLOYERS' YIN I
A FROPRILTOMPARTNER]EXECUI $10000100
NY ! MIA
OFFICERJMEMBER EXCLUDED-,
E L. C!SEA!�E - EA EMFLCYEE1 $11000000
(Mandatory in NH)
El DISEA'-��F - FCUCY LIMIT $1000000
;f vee, d iscribo under
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DrSCR:PTICN OF OPERATIONS Labw I
C Professional Liab SP1 552662 0410912013 0410912014 2000000 Each Claim/Agg
DESCRIPTION OF OPERATIONS I LOCATION'S IVEHICLES (Attach ACORD 109, Addi4iom-1 Re-nark.%Schedula. if w.:Iro space Is
City of San Rafael, its officers and employees are named as additional insureds with
per attached endorsement.
CANCELLATION
CERTIFICATE MULYMMI.
D
SHOULD ANY or THE AeOVE DESCRIBC POLICIES
City of San Rafa,41 DATE THERE P, NOTICE WBE CANCELLEaErORE
It BE r,1101r-RED IN
1400 Fifth Street ACCORDANCE WITH THE POLICY PROVISIONS.
'70 Box 15"Ir Selo
San Rafael, CA 94915 AUTHORIZED REFRESEN74—, IVE
C-) 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010MS) I �-� - 'I, -terad marks of ACORD
#S?-430111IM2201312 If I Thr� ACORL na.m.e, and loqonrc� rt�.qis NIV41
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SECTION I —COVERAGES
COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY
2. Exclusions
Item 2.g, 2) is replaced with the following:
24J. 2) Awatercraft you do not own that is:
a) less than 5Ufeet |ong�and
b) Not being used tocarry persons orproperty for acharge.
G) Anaircraft inwhich you have noownership interest Find that You have chartered with crew.
The last paragraph of 2. Exclusions is replaced with the following:
Exclusions c. through n. du not apply to damage by fire, explosion. sprinkler leakage, or lightning to premises
while rented to you, temporarily occupied by you with the permission of the mwner, or managed by you under
avvhKen agreement with the owner. AsapanyLe limit ofinsurance applies iothis coverage as described in
SeotionU|—LimibaofInyunanoe.
SECT|ON|—COVERAGES
COVERAGE C.MEDICAL PAYMENTS
If Medical Payments Coverage mprovided Linder this policy, the following is changed:
3. Umbu
The medical expense limit provided by this policy shall be the greater of:
a. $10.000| or
b. The amount shown in the declarations.
Coverage C. K8ndioa| Payments is primary and not contributing with any other insurance, even if that other
insurance iasdoop,imary.
The following isadded:
COVERAGE D.PRODUCT RECALL. NOTIFICATION EXPENSES
Insuring Agreement
We will pay "product recall notification expenses" incurred by you for the withdrawal oiyour pnodudo, Provided
that:
a. Such withdrawal is required because of determination by you during the policy per;od, that the use or
consumption of your products could result in "bodily injury"or"property damage"; and
b. The "product recall notificafon expenses" are incurred and reported to us during the policy period,
The most we vM1 pay ior "product recaS nofificat�on ex,penses" dufing tho policy period is S100,000
SUPPLEMENTARY PAYMENTS —COVERAGES A AND B
/tern b. and d. are replaced vviU��
b. The cost of bail bonds ro4uireU buoauae of acoido�nte or troMiu |avv vio|ai|ona arising out of the use oYa��
vel�|o|etovvh`ohb�eBoUkyiniuryLiub/|`(yCuvern�eapp|:es�VYodonoinave toiurmahthese bonds.
d. AJi nmaaormblb expenses ;ncuired hy the ms/red atOur request toassist us in t�-e investigation or defense
ofihoo|u|mo/^auit''ino!ucimgactual /oouofearnings uFtnG5DDaday because nfiimeoff frumwu��
muvuc��rvpv:omrumal^wa|Di��svuno~��m�onm"/s|oc
GEGGGD2/U1/11) Page I of
AGENT COPY ��12 i��1 mE��Kc� PGLN%4060,oJ1,'520 GsowUST 000117-52 PaC4» �
Item 4. is replaced with:
4. Any aubsidiohee, companies, corporations, firms, or organizations you acquire or form during 'the policy
period over which you maintain a controlling interest of greater than 50% of the stock or assets, will qualify as
aMumed Insured if:
o) you have the responsibility ofplacing insurance for such entity; and
b) coverage for the entity ionot otherwise more specifically provided; and
o) the entity is incorporated or organized under the laws of the United States of Arnerica.
However; coverage under this provision does not apply to "bodily injury" or"property damage" that occurred
before you acquired or formed the onthy, or "personal injury" or "advertising injury" arising out of an offense
committed before you acquired orformed the entity.
Coverage under this provision is afforded only until the end of the policy period` orthe twelve (12) month
anniversary ofthe policy inception date whichever ioearlier.
Paragraph 2 is amended to include:
The General Aggregate Limit of Insurance applies separately hoeach "location" owned by you, rented to you, or
occupied byyou with the permission nfthe owner.
Paragraph 0. is replaced with the following:
G. Subject to 5. above, the Fire Damage Limit is the most we will pay under Coverage Afor damugoy because o/
^ property damage" to premises while rented to you, temporarily occupied by you with permission of the owner,
or managed by you under ewritten agreement with the ownnr, arising out ufany one fire, explosion or
sprinkler leakage incident.
The Fire Damage Limit provided by this policy shall be the greater of:
b. The amount shown in the Declarations.
SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS
Item 2. a. is replaced with:
2. Duties |nThe Event ufOccurrence, Offense, Claim orSuit
o. You must promptly notify us. Your duty to promptly notify uy is effective when any of your executive
officers, partners, members, cxlegal representatives isaware ofthe ^ocoumnnoe-.offense, claim, nr^auit".
Knmm|edgenfon^occurmnoe,`offensn,daimor^ouit"bycdheremployee(s)donsnoiimp|yyoua|soheve
such knowledge. Tothe extent possible, notice. houoshould include:
1) How, when and where the ^oocurrenoo^oroffense took place;
2) The names and addresses ofany injured persons and witnesses: and
2) The nature and location of any injury or damage arising out of the ^uocurvence., offense, claim or
Item 4,b.1)b}isreplaced with:
b. Excess insurance
1) b) That is Firo. Expooksn or Sprinkier Leakage i"ut":anua for Proan i t�ses whi4e ented to you`
temporarily occupied by you vviih penniso{on ofiha owmer, or managed by you under o vvhften
agreement with the cwner;or
Mcm6.mamended toinC!ude:
�. Representations
d. Ifyo, / ccinien konaUy 0ai| to disclose any huza:ds existing at the inception oate of your po};ny` we wi!| not
deny coverage under this Coverage Part because ofx:oh faSure. Howaver, this provision does not affect
out* right hrcollect additional pramiumormxeroiewour nghtofoanm*||atmnornnn'ronmwsL
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AGENT copy
Item 8. is replaced with:
8. Transfer of Rights Of Recovery Against Others To tis
a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part,
those rights are transferred to us. The insured must do nothing after loss to impair them. At our request,
the insured will bring suit or transfer those rights to us and help us enforce them.
b. If required by a written "insured contract", we waive any right of recovery we may have against any
person or organization because of payments we make for injury or damage arising out of your ongoing
operations or "your work" done under that written "insured contract" for that person or organization and
included in the "products -completed operations hazard".
Item 10. and Item 11. are added:
10. Cancellation Condition
If we cancel this policy for any reason other than nonpayment of premium we will mail or deliver written notice
of cancellation to the first Named Insured at least 60 days prior to the effective date of cancellation.
11. Liberalization
If we adopt a change in our forms or rules which would broaden your coverage without an extra charge, the
broader coverage will apply to this policy. This extension is effective upon the approval of such broader
coverage in your state.
The following definitions are added or changed:
9. "Insured contract"
a. Is changed to:
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that
indemnifies any person or organization for damage by fire, explosion or sprinkler leakage to premises
while rented to you, or temporarily occupied by you with permission of the owner, or managed by you
under a written agreement with the owner is not an "insured contract".
23 and 24 are added:
23. "Location" means premises involving the same or connecting lots, or premises whose connection is
interrupted only by a street, roadway, waterway or right-of-way of a railroad.
24. "Product recall notification expenses" means the reasonable additional expenses (including, but not limited to,
cost of correspondence, newspaper, and magazine advertising, radio or television announcements and
transportation cost), necessarily incurred in arranging for the return of products, but excluding costs of the
replacement products and the cash value of the damaged products.
The following Provisions are also added to this Coverage Dart:
A. ADDITIONAL INSUREDS —BY CONTRACT, AGREEMENT OR PERMIT
'1. Paragraph 2. under SECTION If — WHO IS AN INSURED is amended to include as an insured any
person or organization when you and such person or organization have agreed in writing in a contract,
agreement or permit that such person or organization be added as an additional insured on your policy to
provide insurance such as is afforded under this Coverage Part. Such person or organization is not
entitled to any notices that we are required to send to the Named Insured and is an additional insured
only with respect to liability arising out of:
a. Your ongoing operations performed "Cr that perscn or or9p.r.'Latio` ' or
Lt. Pr,�-:m,ses or tac{lit,es ovined or used by you.
With respect to provision 1.a. above, a person's or crgarization s status as an inSr,;re.J ,:nder this
endorsement ends when your operations for that person or crgar;izatior, are completed.
With ;aspect to provision 1.b, above, a person's or organizatioii's status as an insures ._;'-,der this
endorsement ends when, the!r contract or agreement vjith you fo- such prernise.3 or fact!Jies ends.
rrateriai of lnsuri n°.r ser•,;C rs offices lm_ %vi+h sas
GE.CC 6302 (01,111) Page 3 of 4
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�2r062`2.41201ZFGC1i�cC, 1 {CFnNLYSl 0001 1754 PtCt, 26
2. This endorsement provision A. does not apply:
m. Un|omo the written contract or agreement has been execub*d, or permit has been issued, prior to the
"bodily injury"."property damage" or"personal and advertising injury/
b' To"bodily injury" or"property damage" occurring after:
(1) All vvork, including mederie|s, parts or equipment furnished in connection with such work, in the
project (other than service, maintenance or repairs) to be performed by or on behalf o{the
additional insured(s) at the site of the covered operations has been completed; or
(2) That portion of "your work" out ofwhich the injury or damage arises has been put to its intended
use by any person or organization other than on/the/ contractor or subcontractor engaged in
performing operations for aprincipal aumpart ofthe same project;
c. To the rendering of or failure to render any professional oen/ioan inc|udinO, but not limited to, any
professional architectural, engineering orsurveying services such as:
(1) The prepahng, approving, or failing to pn*pona or approve, maps, shop draw/ings, opinions,
reports, surveys, field orders, change orders or drawings and specifications; and
(2) Supervisory, inspection, architectural orengineering activities;
ci To "bodily injury", "property damage" or ^perammsd and advertising injury" arising out of any act, error
or omission that results from the additional insured's sole negligence or wrongdoing;
e. To any person or organization included as an insured under provision B. of this endorsernent;
[ To any person or organization specifically designated an additional inauredfor ongoing operations by
aseparate ADDITIONAL |NSURED—OVVNERS. LESSEES OR CONTRACTORS endorsement
issued by us and made a part of this policy.
Paragraph 2. under SECTION 11 — WHO IS AN INSURED is amended to include as an insured any person or
organization (referred tobelow my 1mndor") with whom you oQmed, in a writtencontract or agreementto
provide insurance such as is afforded under this poUoy, but only with respect to "bodily injury" "property
damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's
business, subject tothe following additional exclusions:
1. The insurance afforded the vendor does not apply to:
a, "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of
the assumption of liability in a contract or agreement. This exclusion does not apply to liability for
damages that the vendor would have in the absence of the. contract or agreement;
h. Any express warranty unauthorized byyou;
o. Any physical or chemical change in the product made intentionally by the vendor;
d. Repaokaging, unless unpacked solely for the purpoam of inspection, demonstration, 1eoting, or
substitution of parts under instructions from the menufodunar, and then repackaged in the original
container;
e. Any failure to make such inspections, adjustments, tests orservicing ae the vendor has agreed to
make or normally undertakes to make in the course of business, in connection with thedistributionor
sale ofthe products;
f. Demonstration, insta|!abon, servicing or repair, operations, except such operations performed at the
vendor's premmwoinconnection with the ma<en!the pvodud:
9. Products whioh, after d/ahibut\oo or sale by yo,,, have been taba!ao or rn|obe|sd or uwod as a
co"bainer.part or!ngred!en|c(any other thing orsubstance byo'for thevendor: or
h. To ^bodi|y ;njdrV or "property damage" ur'�oing out ofany ao!` error o/ mm!oyion that results from the
add/dcnai<naumd'osole neg5genamorp/rnncdoin8.
2. This insurance does not apply to any insured person o�orCanizaiimn` from who m, you have acquired ouch
natn�ir5su-,nn(eswa;cesomcem:.om'itf7,penn/s��
GECG 602 (011-11) Page 4 of 4
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