HomeMy WebLinkAboutCC Resolution 12497 (ADA Curb Ramps)RESOLUTION NO. 12497
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL ACCEPTING PROPOSAL FROM HARRIS &
ASSOCIATES FOR DESIGN AND PREPARATION OF PLANS AND
SPECIFICATIONS FOR THE 2008 ADA CURB RAMP PROJECT
AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO
EXECUTE THE AGREEMENT IN AN AMOUNT NOT TO
EXCEED $77,221.00
WHEREAS, The City of San Rafael signed a Settlement Agreement with
the Department of Justice regarding ADA compliance in the City; and
WHEREAS, the City agreed to install curb ramps during new repaving
projects and past projects since 1992; and
WHEREAS, staff has determined the need for professional services for the
design and preparation of design plans and specifications for this project; and
WHEREAS, staff finds the content and cost of the proposal at $77,221.00
to be acceptable and within industry standards;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of San Rafael accepts the proposal from Harris & Associates for engineering services
for the 2008 ADA Curb Ramp Project and authorizes the Public Works Director to
execute an Agreement in a form approved by the City Attorney, in an amount not to
exceed $77,221.00.
RESOLVED, FURTHER, that the Public Works Director take any and all
such actions and make changes as may be necessary to accomplish the purpose of this
Resolution.
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
Council of said City on the 2"d day of June, 2008, by the following vote, to wit:
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
"zs'g�� G • 99-c 2'-C' -
ESTHER C. BEIRNE, City Clerk
File No.: 16.01.246
AGREEMENT FOR PROFESSIONAL SERVICES
FOR THE 2008 ADA CURB RAMP PROJECT
This Agreement is made and entered into this 1" day of May, 2008, by and between the
CITY OF SAN RAFAEL (hereinafter "CITY"), and HARRIS & ASSOCIATES, INC.
(hereinafter "CONSULTANT").
RECITALS
WHEREAS, the CITY has determined that civil engineering consulting services are
required to design and prepare plans and specifications for the 2008 ADA Curb Ramp Project
(hereinafter "PROJECT"); and
WHEREAS, the City signed a Settlement Agreement with the Department of Justice
regarding ADA compliance; and
WHEREAS, the City agreed to install curb ramps during new repaving projects and past
projects since 1992; and
WHEREAS, staff has worked closely with Harris & Associates to define the scope of
services in connection with this Project; and
WHEREAS, staff finds that the cost of the proposal is within industry standards; and
WHEREAS, the CONTRACTOR has offered to render certain specialized professional
services in connection with this Project.
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. PROJECT COORDINATION
A. CITY. The City Manager shall be the representative of the CITY for all purposes
under this Agreement. The City Engineer 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. CONSULTANT. CONSULTANT shall assign a single PROJECT DIRECTOR
to have overall responsibility for the progress and execution of this Agreement for
CONSULTANT. RUSSELL MOORE is hereby designated as the PROJECT DIRECTOR for
CONSULTANT. Should circumstances or conditions subsequent to the execution of this
Agreement require a substitute PROJECT DIRECTOR for any reason, the CONSULTANT shall
notify the CITY within ten (10) business days of the substitution.
2. DUTIES OF CONSULTANT
CONSULTANT shall perform the duties and/or provide services as follows; the
CONSULTANT agrees to provide the professional services outlined in the Proposal from the
CONSULTANT, dated February 5, 2008, marked Exhibit "A", attached hereto and incorporated
herein by this reference. The CONSULTANT agrees to be available and perform the work
specified in this agreement in the time frame as specified and as shown in Exhibit "A".
3. DUTIES OF THE CITY
CITY shall pay the CONSULTANT as provided in Paragraph 4, and shall perform the
duties required of the CITY as described in Exhibit "A".
4. COMPENSATION
For the full performance of the services described herein by CONSULTANT, CITY shall
pay CONSULTANT on a time and materials basis for services rendered in accordance with the
rates shown on the current fee schedule as described in Exhibit "A" attached and incorporated
herein. The total payment made for any individual work task will not exceed the amounts shown
on the Proposal Budget, set out in Exhibit "A", and the total amount paid under this Agreement
shall not exceed $77,221.00.
Payment will be made monthly within 30 days of receipt by PROJECT MANAGER of
itemized invoices submitted by CONSULTANT.
5. TERM OF AGREEMENT
The term of this Agreement shall be from the date of execution until the Project is
complete.
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 ten (10) 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 notice, to the reasonable satisfaction of the party
giving such notice, within thirty (30) days of the receipt of said notice.
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 of the other.
D. Return of Documents. Upon termination, any and all CITY documents or
materials provided to CONSULTANT and any and all of CONSULTANT's documents and
Agreement • 2
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.
E. Upon termination of this Agreement, the City shall pay the Consultant for all
services, the City shall pay the Consultant for all services performed and expenses incurred in
accordance with this Agreement through the termination effective date.
7. OWNERSHIP OF DOCUMENTS
The written documents and materials prepared by the CONSULTANT 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.
CONSULTANT shall not be liable for unauthorized reuse of documents and materials.
However, any modifications made by the City or any agents of the City, to any of the
Consultant's documents and materials or any partial use of reuse of the documents and materials
without the express written consent of the Consultant will be at the City's sole risk and without
liability to the Consultant and to the fullest extent permitted by law the City shall indemnify,
defend and hold harmless from all claims, damages, losses and expenses including, but not
limited to, attorney's fees resulting therefrom.
8. INSPECTION AND AUDIT
Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for
inspection and audit, all documents and materials maintained by CONSULTANT in connection
with its performance of its duties under this Agreement. CONSULTANT shall fully cooperate
with CITY or its agent in any such audit or inspection.
9. ASSIGNABILITY
Except for the surveying services to be performed for CONSULTANT by its
subcontractor, Chaudhary & Associates, Inc., as specified in Exhibit "A", the parties agree that
they shall not assign or transfer any 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.
10. INSURANCE
A. During the term of this Agreement, CONSULTANT, 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.
Agreement • 3
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
CONSULTANT's performance of services under this Agreement.
B. The insurance coverage required of the CONSULTANT by Section 10. 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, and employees as additionally
named insureds under the policies.
4. CONSULTANT shall provide to PROJECT MANAGER, (a) Certificates
of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements
naming CITY, its officers, agents and employees, as additional 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 thirty (30) days written notice to CITY's PROJECT MANAGER.
6. If the insurance is written on a Claims Made Form, then, following
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
coinciding with the effective date of this Agreement.
8. The insurance shall be approved as to form and sufficiency by PROJECT
MANAGER and the City Attorney.
C. If it employs any person, CONSULTANT 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 CONSULTANT and CITY against all liability
for injuries to CONSULTANT's officers and employees.
11. INDEMNIFICATION
CONSULTANT shall indemnify, release, defend and hold harmless CITY, its officers,
and employees, against any claims, demands, suits, judgments, losses, liability or expense,
including reasonable attorney's fees, to the extent arising out of or resulting in any way, in whole
or in part, from any negligent acts or omissions, of CONSULTANT or CONSULTANT's
Agreement • 4
officers, agents and employees in the performance of their duties and obligations under this
Agreement.
12. NONDISCRIMINATION
CONSULTANT 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.
13. COMPLIANCE WITH ALL LAWS
CONSULTANT shall observe and comply with all applicable federal, state and local
laws, ordinances, codes and regulations, in the performance of its duties and obligations under
this Agreement. CONSULTANT shall perform all services under this Agreement in accordance
with these laws, ordinances, codes and regulations. CONSULTANT 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, ordinance, codes or regulations.
14. NO THIRD PARTY BENEFICIARIES
CITY and CONSULTANT 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: Mr. Andrew J. Preston
(Project Manager)
City of San Rafael
111 Morphew Street
P.O. Box 151560
San Rafael, CA 94915-1560
TO CONSULTANT: Mr. Russell Moore, P.E.
Harris & Associates
120 Mason Circle
Concord, CA 94520
Agreement • 5
16. INDEPENDENT CONTRACTOR
For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers,
agents and employees shall act in the capacity of an Independent Contractor, and not as
employees of the CITY. CONSULTANT and CITY expressly intend and agree that the status of
CONSULTANT, 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 CONSULTANT and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the subject
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 CONSULTANT 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
CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT
under this Agreement, any monies which CONSULTANT 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.
Agreement • 6
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
CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY
business license as required by the San Rafael Municipal Code. CONSULTANT shall pay any
and all state and federal taxes and any other applicable taxes. CONSULTANT's taxpayer
identification number is 94-2385238, and CONSULTANT certifies under penalty of perjury that
said taxpayer identification number is correct.
22. APPLICABLE LAW
The laws of the State of California shall govern this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day,
month and year first above written.
CITY OF SAN RAFAEL
ANDREW J. P TON
Director of Public Works
ATTEST:
/G$(k-Q,e- G , !-ZQ-c oek.e
ESTHER C. BEIRNE, City Clerk
APPRO,YED
RBERT F.,,
J, �JA:itorriey
CONSULTANT
HARRIS & ASSOCIATES
By:
ti
Title: 1
Agreement • 7
� I Harris &Associates Exhibit A
City of San Rafael
11
II.
2008 ADA Curb Ramp Project
SCOPE OF WORK
PROJECT DESCRIPTION
In 2004, the City of San Rafael signed a Settlement Agreement with the Department of Justice regarding
ADA compliance of City infrastructure. In the agreement, the City agreed to install curb ramps during
construction of all future street repaving projects, as well as all street repaving projects constructed since
1992. The City has identified approximately 800 curb ramps that are required due to street repaving
projects since 1992, and the Settlement Agreement allows ten years for construction of the ramps. To
complete the required ramps by the August 5, 2014 deadline, the City needs to construct approximately
80 curb ramps per year. Design of the first group of curb ramps was completed in 2006. The purpose of
this project is to prepare construction documents for the second group of curb ramps.
APPROACH
Harris will be responsible for the preparation of construction documents for the installation of curb ramps
throughout the City using ADA design guidelines. The City will provide locations of the proposed curb
ramp sites. For this scope, we have assumed that 100 curb ramps will be designed. Details and plans for
each curb ramp site will be prepared on 8 %z" x 11" sheets, which will be attached to the project
specifications. Curb ramps will be assigned with the City's identification numbering system.
DELIVERABLES
1. Preliminary Desi -an Phase
8 %i"x11" (1"=IO'scale) Layout Plan per Site (up to 100 sheets)
8 %"xl 1" Sheet of 1-2 Photos per Site (100 sheets)
Key Map of all curb ramp sites
Preliminary Specifications
Preliminary Opinion of Probable Construction Costs
2. Final Desirn
1"=10' scale-8'/z"x11" Plan & Detail per Site (up to 100 sheets)
Key Map of all curb ramp sites
Final Specifications
Final Opinion of Probable Construction Costs
Drawing files in AutoCAD format
City of San Rafael - 2008 ADA Curb Ramps Scope of Work April 30, 2008
Pg. 1
IV. SCHEDULE
The anticipated schedule for this work is:
Tasks
Kick-off
Gather background info, Field Survey
Preliminary Design Package
City Review Meeting
Final Design Package
V. DEFINED TASKS
1. ProiectMana_-ement
1.1 Progress Meeting with City (I budgeted)
1.2 Prepare monthly progress reports
Tentative Milestone Completion Dates
May 7, 2008
June 6, 2008
July 7, 2008
July 11, 2008
August 1, 2008
z Preliminary Design Phase
2.1 Kick-off meeting
2.2 Gathering and evaluation of existing background information, including design standards,
details, and specifications, monumentation and other property information, utility locations,
etc.
2.3 Perform site visit with City
2.4 Perform field investigations
2.5 Prepare Preliminary Plans & Photo Sheets
2.6 Prepare Preliminary Opinion of Probable Construction Costs
2.7 Prepare Preliminary Technical Specifications
2.8 Quality Review
3. Final Design Phase
3.1 Prepare Final Plans and Details
3.2 Prepare Final Opinion of Probable Construction Costs
3.3 Prepare Final Technical Specifications
3.4 Quality Review
City of San Rafael — 2008 ADA Curb Ramps Scope of Work April 30, 2008
Pg. 2
VI. FEE
See Exhibit B — Level of Effort for fee.
VII. PROJECT TEAM
Project Director:
Project Manager:
Project Engineer:
Cad Technician:
VIII. ASSUMPTIONS
Russell Moore, P.E.
Jasmine Cuffee, P.E.
Joel Camacho, P.E.
Alvin Armstrong
The assumptions upon which this scope of work is based are attached to Exhibit B, Level of Effort.
City of San Rafael — 2008 ADA Curb Ramps Scope of Work April 30, 2008
Pg. 3
['ACORD,. CERTIFICA" :OF LIABILITY INSURA CE I 0509/08
PRODUCER 0529776 1-510-547-3203 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Diversified Risk Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
5900 Christie Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Emeryville, CA 94608 INSURERS AFFORDING COVERAGE
INSURED
Harris &Associates Inc. INSURER A:OneBeacon America Insurance Co.
Attn: Susan Mandilag I INSURER B: Hartford Fire Insurance Company
120 Mason Circle IINSURERC:American Guarantee & Liability
Concord, CA 94520 4, IINSURERD:Alaska National Insurance Company_
I IINSURER E:Continental Casualty Co.
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR POLICY EFFECTIVE POLICY EXPIRATION
LTR TYPE OF INSURANCE POLICY NUMBER °ATE (MM/OD/YYl DATE (MM/DDIM LIMITS
A GENERAL LIABILITY 7180096900001 08/01/07 08/01/08 EACH OCCURRENCE $1,000,000
RE,: 2008 ADA Curb Ramp Project (HA #081-0162)
CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION Ten Day Notice for Non -Payment of Premium
081-0162
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of San Rafael DATE THEREOF, THE ISSUING INSURER WILL E*MAMW MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, HiDgF7OLNi1K±�!l7D�KX
Department of Public Works 0"XX
P.O. Box 151560 X0110=j((;
San Rafael, CA 94915-1560 AUTHORIZED REPRESENTATIVE
USA �• An.
I ,vim W'ils..
ACORD 25-S (7/97) smandilag O ACORD CORPORATION 1988
8732923
X COMMERCIAL GENERAL LIABILITY
I FIRE DAMAGE (AnVone fire) $ 1,000,000
is
CLAIMS MADE a OCCURjI
MED EXP (Any one person) 10,000
X "X" "Cu nun
I PERSONAL BADV INJURY I $ 1,000,000
X Say. of Interest
GENERAL AGGREGATE ($2,000,000
GEN'L AGGREGATE
E LIMIT APPLIES PER:
I PRODUCTS - COMP/OP AGG I $ 2, 000, 000
POLICY 1JrrOT I I LOC
B AUTOMOBILE LIABILITY 57UENUL6878 08/01/07 08/01/08
COMBINED SINGLE LIMIT $ 1, 000, 000
X ANY AUTO
(Ee accident)
ALL OWNED AUTOS
BODILY INJURY
SCHEDULED AUTOS
=I
(Per person) $
X HIRED AUTOS
BODILY INJURY $
X NON -OWNED AUTOS
(Per accident)
—
PROPERTY DAMAGEI $
(Per accident)
GARAGE LIABILITY
I AUTO ONLY - EA ACCIDENT 1$
ANY AUTO
EA ACC 1$
I OTHER THAN
AUTO ONLY: AGG I $
C EXCESS LIABILITY AUC9305561-05 08/01/07 08/01/08
I EACH OCCURRENCE 1$ 5, 000, 000
7 OCCUR EICLAIMS MADE
I AGGREGATE Is 5,000,000
I I$
DEDUCTIBLE
Is
RETENTION $
i Ij $
D WORKERS COMPENSATION AND 07HWD40007 08/01/07 08/01/08
XI TORY STATU OTR
EMPLOYERS' LIABILITY
1, 000, 000
E.L. EACH ACCIDENT I $
E.L. DISEASE- EA EMPLOYED $ 1, 000, 000
jI
I E.L. DISEASE- POLICY LIMIT I $ 1, 000, 000
OTHER
B Professional Liability ARA113822501 08/01/07 08/01/08
Per Claim/Agg: $5,000,000
s
s
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
General & Auto Liability Additional Insured statue granted, if required by written contract/agreement, per
attached OneBeacon America Additional Insured endorsement and CA2048 0299. For Prof.
Liab. coverage,
the Aggregate Limit is the total insurance available for all covered claims reported within the policy period.
A $150,000 deductible applies to each and every claim submitted under the policy.
RE,: 2008 ADA Curb Ramp Project (HA #081-0162)
CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION Ten Day Notice for Non -Payment of Premium
081-0162
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of San Rafael DATE THEREOF, THE ISSUING INSURER WILL E*MAMW MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, HiDgF7OLNi1K±�!l7D�KX
Department of Public Works 0"XX
P.O. Box 151560 X0110=j((;
San Rafael, CA 94915-1560 AUTHORIZED REPRESENTATIVE
USA �• An.
I ,vim W'ils..
ACORD 25-S (7/97) smandilag O ACORD CORPORATION 1988
8732923
POLICY #: 57UENUL6878
COMMERCIAL AUTO
CA 20 48 02 99
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
i IIF111111111 :1II
4
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi-
fied by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi-
sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated
below.
Endorsement Effective: 8/11/2007
Named Insured:
Harris & Associates Inc.
SCHEDULE
Name of Person(s) or Organization(s):
Any person or organization with whom you agreed, pursuant to a written contract or written agreement
to provide insurance such as is afforded under this policy.
(if no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to the endorsement.)
Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent
that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section
11 of the Coverage Form.
Subject to all other terms and provisions of the policy, such insurance as provided by this endorsement shall be
deemed primary, but only with respect to work performed by or for the named insured in connection with the
above described contract. Any other insurance maintained by the Additional Insured(s) shall be excess and non-
contributory.
CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1
Excerpts from: Hartford form HA 99 16 03 02
COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT
BUSINESS AUTO COVERAGE FORM
Policy Number: 57UENUL6878
Insurer: Hartford Fire Insurance Co.
Policy Period: August 1, 2007 to August 1, 2008
Named Insured: Harris & Associates Inc.
15. WAIVER OF SUBROGATION
TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS
AUTO CONDITIONS is amended by adding the following:
We waive any right of recovery we may have against any person or organization with whom you have
a written contract that requires such waiver because of payments we make for damages under this
Coverage Form.
Page 1 of 1
POLICY #: 718009690,._J1
INSURED: Harris & Associates Inc.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART and GL CONTRACTORS
EXTENDER FORM VCG 206 02 05
a. COMMERCIAL GENERAL LIABILITY COVERAGE FROM CG 00 01 12 04 is amended by the following wording.
b. GL CONTRACTORS EXTENDER paragraph 1. ADDITIONAL INSURED — REQUIRED IN CONTRACT,
AGREEMENT OR PERMIT is deleted and replaced by the following wording.
WHO IS AN INSURED — (Section I1) is
amended to include as an additional insured
any person or organization you are required to
add as an additional insured under this policy
in a written contract or written agreement in
effect during this policy period and signed and
executed by you prior to the loss for which
coverage is sought. The person or
organization does not qualify as an additional
insured with respect to the independent acts or
omissions of such person or organization. The
person or organization is only an additional
insured with respect to liability for "bodily
injury", "property damage" or "personal and
advertising injury" caused by "your work"
performed under the written contract or written
agreement.
The insurance provided to the additional
insured is limited as follows:
a) This endorsement shall not increase
the limits stated in Section III —
LIMITS OF INSURANCE.
b) The insurance provided to the
additional insured does not apply to
"bodily injury", "property damage",
or "personal and advertising injury"
arising out of an architect's,
engineer's or surveyor's rendering of
or failure to render any professional
services including:
I. The preparing, approving or
failing to prepare or approve
maps, shop drawings,
opinions, reports, surveys,
field orders, change orders,
or drawings and
specifications: and
11. Supervisory or inspection
activities performed as part
of any related architectural
or engineering activities.
OneBeacon America
c) This insurance does not apply to
"bodily injury: or "property damage"
caused by "your work" included in
the "products -completed operations
hazard" unless you are required to
provide such coverage for the
additional insured by a written
contract or written agreement in effect
during this policy period and signed
and executed by you prior to the loss
for which coverage is sought.
3. Subpart (1)(a) of the Pollution exclusion
(Section I — Coverages, part 2. £ of the
Commercial General Liability Coverage form)
does not apply to you if the "bodily injury" or
"property damage" arises out of "your work"
performed on premises which are owned or
rented by the additional insured at the time
"your work" is performed.
4. Any coverage provided by this endorsement to
an additional insured shall be excess over any
other valid and collectible insurance available
to the additional insured whether primary,
excess, contingent or on any other basis unless
a written contract or written agreement in
effect during this policy period and signed and
executed by you prior to the loss for which
coverage is sought specifically requires that
this insurance apply on a primary or non-
contributory basis.
5. As a condition of coverage, each additional
insured must:
a) Give us prompt written notice of any
"occurrence" or offense which may
result in a claim and prompt written
notice of "suit".
b) Immediately forward all legal papers
to us, cooperate in the defense of any
actions, and otherwise comply with
policy conditions.
Page 1 of I
Excerpts from: OneBeacon Forn. :G 206 02 05
@VANTAGE FOR GENERAL LIABILITY - CONTRACTORS
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Policy Number: 7180096900001
Insurer: OneBeacon America Insurance Co.
Policy Period: 8/1/2007 — 8/1/2008
Named Insured: Harris & Associates Inc.
5. BLANKET WAIVER OF SUBROGATION
Section IV - Transfer of Rights of Recovery Against Others to Us Condition is amended to add the following:
We will 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 done under a written contract or
agreement with that person or organization and included in "your work" or the "products -completed
operations hazard". This waiver applies only to persons or organizations with whom you have a written
contract, executed prior to the "bodily injury" or "property damage", that requires you to waive your rights of
recovery.
Page 1 of 1
Alaska Nadonal
INSURANCE COMPANY
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -- CALIFORNIA
We have the right to recover our payments from
anyone liable for an injury covered by this policy. We
will not enforce our right against the person or
organization named in the Schedule. (This agreement
applies only to the extent that you perform work under
a written contract that requires you to obtain this
agreement from us.)
Person or Organization
ALL PERSONS OR ORGANIZATIONS THAT ARE
PARTIES TO A CONTRACT THAT REQUIRES YOU
TO OBTAIN THIS AGREEMENT, PROVIDED YOU
EXECUTED THE CONTRACT BEFORE THE LOSS.
You must maintain payroll records accurately segregating
the remuneration of your employees while engaged in the
work described in the Schedule.
The additional premium for this endorsement shall be 2% of
the California workers' compensation premium otherwise
due on such remuneration.
Schedule
Job Description
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise
stated. The information below is required only when this endorsement is issued subsequent to preparation of
the policy.
Endorsement Effective 8/11/2007
Insured Harris & Associates, Inc.
WC 04 03 06 04 84
Policy No. 07HWD40007
Endorsement No.
Hub International of CalxLornia Insurance services
400 Taylor Blvd. #300 confirmnet
Pleasant Hill, CA 94523 USA Insurance Certificate Experts
City of San Rafael
Department of Public Works
P.O. Box 151560
San Rafael, CA 94915-1560
USA
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