HomeMy WebLinkAboutCC Resolution 12009 (Planning Services; Pacific Municipal Consultants)RESOLUTION NO. 12009
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR
PROFESSIONAL PLANNING SERVICES WITH PACIFIC MUNICIPAL
CONSULTANTS (PMC) FOR INTERIM PROFESSIONAL PLANNING
STAFFING DURING RECRUITMENTS FOR VACANT PLANNING
POSITIONS WITHIN THE CURRENT PLANNING SECTION OF
THE COMMUNITY DEVELOPMENT DEPARTMENT
(Agreement Term: July 10, 2006 through December 10, 2006, amount not to exceed $68,000)
WHEREAS, the City of San Rafael has determined that interim professional planning
services are needed to provide support to the Current Planning Division of the Community
Development Department during recruitments for vacant positions within the Division; and
WHEREAS, at the City's request, Pacific Municipal Consultants (Consultant) has
submitted a scope of work and proposal for providing day-to-day current planning assistance to
the City, including a list of anticipated activities/tasks and the hourly rate for performance of
these services, and said proposal is attached to the Agreement for Professional Services; and
WHEREAS, the costs associated with the Consultant's interim professional planning
services will be recouped from salary savings from vacant positions within the Current Planning
Division, as well as through application and permit processing fees collected from the project
developers for cases assigned to Consultant's "assigned planning staff'.
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 Planning Services with Pacific Municipal Consultants, in the form
attached herewith.
I, JEANNE M. LEONCINI, 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 7th day of August, 2006 by the following vote, to wit:
AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
IG .
JE M. LEONCNI, City Clerk
AGREEMENT FOR
PROFESSIONAL PLANNING SERVICES
This Agreement is made and entered into this l Othlay of JULY , 2006 by and between
the CITY OF SAN RAFAEL (hereinafter "CITY"), and Pacific Municipal Consultants (hereinafter
"CONSULTANT").
RECITALS
WHEREAS, due to staffing shortages within the Planning Division and given the current
workload of staff and the pace of land planning and development activity, the CITY has detennined
that professional services are needed to supplement existing staffing during the timeframe necessary
to complete recruitments for various vacant positions within the Planning Division.
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 Principal Planner (Current Planning) 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. CONSULTANT shall assign a single PROJECT DIRECTOR
to have overall responsibility for the progress and execution of this Agreement for
CONSULTANT. Philip O. Carter is hereby designated as the PROJECT DIRECTOR for
CONSULTANT. Should circumstances or conditions subsequent to the execution of this
Agreement require substitution of the PROJECT DIRECTOR or CONSULTANT's assigned
planning staff for any reason, the CONSULTANT shall notify the CITY within ten (10) business
days of the substitution.
2. DUTIES OF CONTRACTOR.
CONSULTANT'S assigned planning staff shall perform the duties and/or provide
professional services as Contract Planner. These services shall be performed under the supervision
of the Principal Planner. Duties shall include the tasks described in the attached "Scope of
Services", incorporated herein.
3. DUTIES OF CITY.
CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as
follows: the CITY shall provide suitable workspace, if necessary, which is accessible to telephone
and computer facilities. CITY shall provide CONSULTANT with copies/sets of local plans,
07 31,06 ]
ordinances and reports that are pertinent to the project that has been assigned to the
CONSULTANT.
4. COMPENSATION.
For the full performance of the services described herein by CONSULTANT, CITY shall
pay CONSULTANT an hourly rate of $85.00 per hour. Mileage shall be charged at the IRS rate,
which is currently $0.445 per mile. The billing amounts authorized under this agreement shall not
exceed $68,000.
Payment will be made monthly upon receipt by PROJECT MANAGER of itemized
invoices submitted by CONSULTANT. Payment by CITY shall be made within thirty days'
receipt of the CONSULTANT's monthly invoice.
5. TERM OF AGREEMENT.
The term of this Agreement shall be for five (5) months commencing on July 10, 2006, and
ending on December 10, 2006. Upon mutual agreement of the parties, and subject to the approval
of the City Manager and the PROJECT MANAGER the term of this Agreement may be extended
for a period not to exceed two (2) months.
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
of the other, except CONSULTANT shall be paid for all services performed in accordance to this
Agreement up to the date of termination.
D. Return of Documents. Upon tennination, any and all CITY documents or
materials provided to CONSULTANT and any and all of CONSULTANT'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 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.
07/31:'06 2
CONSULTANT shall not be held liable for such reuse of the CITY -owned documents and
materials for purposes outside of their original intent and purpose.
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.
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.
1 1 Yi17:\�t�
A. During the term of this Agreement, CONSULTANT shall maintain, at no expense
to CITY, the following insurance policies:
1. A comprehensive general liability insurance policy in the minimum amount
of one million dollars ($1,000,000) 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 dollars ($1,000,000) per occurrence.
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, employees, and authorized
volunteers, as additionally named insureds under the policies.
4. CONSULTANT 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 authorized volunteers, as additional named insured under
the policies.
07-31 06 3
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 Risk 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.
D. Any deductibles or self-insured retentions in CONSULTANT'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 CONSULTANT shall procure a bond guaranteeing payment
of losses and related investigations, claims administration, attorney's fees and defense expenses.
11. INDEMNIFICATION.
CONSULTANT shall indemnify, release, defend and hold harmless CITY, its officers,
agents, employees, and designated volunteers, against any claim, demand, suit, judgment, loss,
liability or expense of any kind, including attorney's fees and administrative costs, to the extent
caused by any negligent acts, errors, omissions or willful misconduct of CONSULTANT or
CONSULTANT's officers, agents and employees in the performance of their duties and
obligations under this Agreement. In the event claims, losses, damages, or expenses are caused
by the joint or concurrent negligence of the CITY and the CONSULTANT, they shall be borne
by each party in proportion to its negligence.
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
07:'31 06 4
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 to the extent caused by any noncompliance or violation
of any laws, ordinances, codes or regulations.
14. NO TBIRD 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: Bill Meeker
Principal Planner
City of San Rafael
1400 Fifth Avenue (P.O. Box 151560)
San Rafael, CA 94915-1560
City Risk Manager
City of San Rafael
1400 Fifth Avenue (P.O. Box 151560)
San Rafael, CA 94915-1560
TO CONSULTANT: Pacific Municipal Consultants
10461 Old Placerville Road, Suite 110
Sacramento, CA 95827
Attention: Philip O. Carter
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. CITY agrees not to solicit for employment the employees of the
other party who were directly involved in the performance of the services hereunder for the term
of this Agreement and a period of one year after termination of this Agreement except with the
07:3 1 '06 5
written permission of the CONSULTANT, except that nothing in this paragraph shall preclude
the CITY from publishing or otherwise distributing applications and information about job
openings where such publication or distribution is directed to the general public.
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.
0731.06 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 68-0348252, 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
.�� CLC � c� �
Ken dhoff, City Manag l
ATTEST:
JEWNNE M. LEONCUJ�I, City Clerk
GARY T.
FORM:
r—,�V /S?
City Attorney
Attachment: Scope of Services
07/31/06
CONSULTANT
Pacific Municipal Consultants
By:
Name: Philip O. Carter
Title: Principal
SCOPE OF SERVICES
CONSULTANT'S services to the City of San Rafael's Planning Division shall include:
■ Processing of discretionary and non -discretionary permits
■ Meeting with applicants and/or members of the general public regarding planning matters
■ Providing public counter services (including responding to telephone inquiries)
■ Preparation of staff reports (including resolutions related to actions on discretionary pen -nits)
■ Preparing Initial Studies/Negative Declarations
■ Attendance and/or presentations at public hearings
■ Other miscellaneous duties customarily performed by an Associate Planner within the City's
Planning Division
CONSULTANT'S assigned planning staff shall be Jessica T. Leviste.
07.31:06
ACORD CERTIFICATE OF LIABILITY INSURANCE I o7/z/os DATE 07/21/06 (MMIDIYY)
PRODUCER 1-949-729-0777 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Hilb Rogal & Hobbs ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Professional Practice Insurance Brokers, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2030 Main Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 350
Irvine, CA 92614 INSURERS AFFORDING COVERAGE
INSURED INSURER A: Fidelity and Guaranty Insurance Underwriters
Pacific Municipal Consultants
IINSURERB:St. Paul Fire and Marine Insurance Co.
10461 Old Placerville Rd., Ste. 110 IINSURERC:Continental Casualty Company
IINSURERD• Fidelity & Guaranty Insurance Company
Rancho Cordova , CA 95827 •
) � INSURER E:
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
I TR TYPE OF INSURANCE POLICY NUMBER rATF fmmmnryY1
POLICY EXPIRATION
DATE Mmnn yt
LIMITS
A GENERAL LIABILITY BK02160725 09/01/05
09/01/06
EACH OCCURRENCE $2,000,000
52,000,000
I fire) S 300,000
X COMMERCIAL GENERAL LIABILITY
FIRE DAMAGE(Any one
CLAIMS MADE Fx—] OCCUR
I MED EXP (Any one person) $ 10,000
PERSONAL A A13V INJURY $2,D00,000
GENERAL AGGREGATE $ 4,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS-COMPIOP AGG $4,000,000
$
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DEDUCTIBLE
POLICYI X I.PiF� LOC
I
D AUTOMOBILE LIABILITY BAD2161761 09/01/05
09/01/06 COMBINED SINGLE LIMIT S 1,000,000
X ANY AUTO
(Ea accident)
_ ALLOWNEDAUTOS
H WORKERS COMPENSATION AND BWO2160707 09/01/05
BODILY INJURY $
I
WCST$
X (TORY LIAMMSI I ER
(Per person)
_ SCHEDULED AUTOS
I E.L. EACH ACCIDENT
$1,000,000
X HIRED AUTOS
BODILY INJURY
$
X NON -OWNED AUTOS
(Per accident)
EL. DISEASE -POLICY LIMIT
51,000,000
PROPERTY DAMAGE $
09/01/06
Per Claim
(Per accident)
GARAGE LIABILITY
I AUTO ONLY - EA ACCIDENT
$
ANY AUTO
OTHER THAN EA ACC
5
AUTO ONLY: AGG
$
A EXCESS LIABILITY BX02160725 09/01/05
09/01/06
EACH OCCURRENCE
52,000,000
F1
I AGGREGATE
$ 2,000,000
X1 OCCUR CLAIMS MADE
I
$
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DEDUCTIBLE
I
S
RETENTION S
H WORKERS COMPENSATION AND BWO2160707 09/01/05
09/01/06
WCST$
X (TORY LIAMMSI I ER
EMPLOYERS' LIABILITY
I E.L. EACH ACCIDENT
$1,000,000
E.L. DISEASE - EA EMPLOYEE
51,000,000
EL. DISEASE -POLICY LIMIT
51,000,000
OTHER
C Professional Liability MCA254079593 09/15/05
09/01/06
Per Claim
sl,000,000
Aggregate
s3,000,000
s
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Certificate Holder is named as an Additional Insured per attached endorsement.
All operations of the named insured.
The City of San Rafael, its officers, agents, employees and designated volunteers
PMC Project: Contract Planning Staff
CERTIFICATE HOLDER I Y I ADDITIONAL INSURED: INSURER LETTER: A
City of San Rafael
City Risk Manager
1400 Fifth Avenue
San Rafael, CA 94915-1560
USA
I
ACORD 25-S (7/97) PMCJ3
4649475
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL EMMAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 9U'pi7i1Lb1)Ig3C�1D}6'OK9F>7C=
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Page 1 of 2
LIABILITY COVERAGE ENHANCEMENT
ARCHITECTS AND ENGINEERS
ENDORSEMENT
Name Insured: pacific Municipal Consultants I Policy No: BK02160725
Additional Insured: The City of San Rafael, its officers, agents, employees and designated volunteers
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
LIABILITY COVERAGE PART
1. The following replaces the final paragraph of SECTION H. WHO
IS AN INSURED, 1.:
However, no person or organization is an insured with respect to
the conduct of any current or past partnership, joint venture,
limited liability company or trust that is not shown as a Named
Insured in the Liability Coverage Part Declarations. This
provision does not apply to you, for your participation in any
past or present "unnamed joint venture," or if that person or
organization is otherwise an insured under Paragraph 2. below.
2. The following is added to SECTION II. WHO IS AN INSURED, 2.:
Person Or Organization Required By Written Contract
Any person or organization that you agree to add as an insured
under this Liability Coverage Part in a written contract or
agreement that is made before, and in effect when, the "bodily
injury" or "property damage" occurs or the offense that causes
the "personal injury" or "advertising injury" is first committed,
but only with respect to that person's or organization's liability
arising out of `jour work" for that person or organization.
(2) "Bodily injury," "property damage," "personal injury"
or "advertising injury" for which such person or
organization has assumed liability in a contract or
agreement, except for liability for damages that such
person or organization would have in the absence of
the contract or agreement;
(3) "Property damage" to:
(a) Property owned, used or occupied by, or loaned
or rented to, such person or organization;
(b) Property over which such person or
organization is for any purpose exercising
physical control; or
(c) "Your work" performed for the insured; or
(4) `Bodily injury," "property damage," "personal
injury" or "advertising injury" arising out of any
architect's, engineer's or surveyor's rendering
of, or failure to render, any "professional
service," when such person or organization is an
architect, engineer or surveyor.
However, such person or organization is not an insured with 3. The following is added to SECTION H. WHO IS AN
respect to any: INSURED:
(1) `Bodily injury," "property damage," "personal injury" or "Unnamed Joint Venture"
"advertising injury" that does not arise out of:
(a) Your negligence; or
(b) The negligence of another person or organization
for whom you are liable;
a. Direct employees; or
b. Owns, rents, or leases any real or personal property.
No other member or partner, or their spouses, of any past or
present "unnamed joint venture" is an insured.
St Paul Form CL/BF 26 09 09 03
You are an insured for your participation in any past or
present "unnamed joint venture"
However, you are not an insured if the "unnamed joint
venture" has:
4. The following replaces SECTION III. LIMITS OF LIABILITY,
2. b.:
b. Will apply separately to the sum of all:
(1) Damages because of "bodily injury" and
"property damage," under SECTION I.
COVERAGE, A. Liability above; and
(2) Medical payments for "bodily injury," under
SECTION I. COVERAGE, B. Medical Payments
if you specifically agree, in that written contract or
agreement, that this insurance must be primary to,
and non-contributory with, such "other insurance."
This insurance will then be applied as primary
insurance for damages for "bodily injury,"
"property damage," "personal injury" or
"advertising injury" to which this insurance applies
and that are incurred by such person or
organization, and we will not share those damages
with such "other insurance."
6. The following is added to SECTION IV. CONDITIONS, 5. "Other
Insurance," b. Excess Insurance:
This insurance is excess over an "other insurance"
whether primary, excess, contingent or on any other basis
that is available to you for your participation in any past
or present "unnamed joint venture"
(2) However, this insurance will be considered primary
to, and non-contributory with, "other insurance"
issued directly to a person or organization added as
an addition insured under SEcrION 11. WHO Is AN
INSURED, 2.:
7. The following is added to SECTION IV. CONDITIONS, 8.
Transfer Of Rights Of Recovery And Proceeds
Against Others To Us:
The following are added to SECTION V. DEFINITIONS.
"Unnamed joint venture" means any joint venture in
which you are a member or partner where:
a. Each and every one of your co -ventures in that
joint venture is an architectural, engineering or
surveying firm; and
b. That joint venture is not named in the Liability
Coverage Part Declarations.
"Your premises" means any premises, site, or location
owned or occupied by, or rented to, you.
"Your project"
a. Means any premises, site or location at, on, or in
which "your work" is not yet completed; and
b. Does not include 'your premises" or any
location listed in the Schedule of Premises.
NoncE of CANCELL.4nom- If we cancel this policy for any reason other than non-payment of premium, we will mail written notice at
least 30 days before the effective date of cancellation to the Additional Insureds on file with the company. If we cancel this policy for
non-payment of premium, we will mail written notice at least 10 days before the effective date of cancellation to the Additional insureds
on file with the company.
St. Paul Form CL/BF 26 09 09 03
Page 2 of 2
above;
arising out of each location listed in the Schedule of
However, we waive any right of recovery and proceeds
Premises or each of "your projects;" and
we may have against any person or organization that is
added as an additional insured under the paragraph
Person Or Organization Required By Written
Contract of SECTION II. WHO Is AN INSURED, 2.:
5. The following replaces SECTION IV. CONDITIONS, 5. "Other
a. Because of payments we make for "bodily
Insurance," a. Primary Insurance, (2):
injury," "property damage," "personal injury" or
"advertising injury" arising out of `your work"
in ongoing operations or included in the
"products -completed operations hazard"; and
(a) Paragraph h. Certain Additional Insureds By
b. Performed under a written contract or agreement
Contract or Agreement; or
that is made before, and in effect when, the
"bodily injury" or "property damage" occurs or
the offense that causes the `personal injury" or
"advertising injury" is committed; and
(b) Persons Or Organizations Required By Written
C. You specifically agree in such written contract
Contract;
or agreement to waive those rights of recovery
and proceeds for such person or organization.
if you specifically agree, in that written contract or
agreement, that this insurance must be primary to,
and non-contributory with, such "other insurance."
This insurance will then be applied as primary
insurance for damages for "bodily injury,"
"property damage," "personal injury" or
"advertising injury" to which this insurance applies
and that are incurred by such person or
organization, and we will not share those damages
with such "other insurance."
6. The following is added to SECTION IV. CONDITIONS, 5. "Other
Insurance," b. Excess Insurance:
This insurance is excess over an "other insurance"
whether primary, excess, contingent or on any other basis
that is available to you for your participation in any past
or present "unnamed joint venture"
(2) However, this insurance will be considered primary
to, and non-contributory with, "other insurance"
issued directly to a person or organization added as
an addition insured under SEcrION 11. WHO Is AN
INSURED, 2.:
7. The following is added to SECTION IV. CONDITIONS, 8.
Transfer Of Rights Of Recovery And Proceeds
Against Others To Us:
The following are added to SECTION V. DEFINITIONS.
"Unnamed joint venture" means any joint venture in
which you are a member or partner where:
a. Each and every one of your co -ventures in that
joint venture is an architectural, engineering or
surveying firm; and
b. That joint venture is not named in the Liability
Coverage Part Declarations.
"Your premises" means any premises, site, or location
owned or occupied by, or rented to, you.
"Your project"
a. Means any premises, site or location at, on, or in
which "your work" is not yet completed; and
b. Does not include 'your premises" or any
location listed in the Schedule of Premises.
NoncE of CANCELL.4nom- If we cancel this policy for any reason other than non-payment of premium, we will mail written notice at
least 30 days before the effective date of cancellation to the Additional Insureds on file with the company. If we cancel this policy for
non-payment of premium, we will mail written notice at least 10 days before the effective date of cancellation to the Additional insureds
on file with the company.
St. Paul Form CL/BF 26 09 09 03
Policy Number: BA02161761 COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
DESIGNATED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE PART
GARAGE COVERAGE PART
TRUCKERS COVERAGE PART
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified
by the endorsement
SCHEDULE
Name of Person or Organization:
The City of San Rafael, its officers, agents, employees and designated volunteers
A. WHO IS AN INSURED is amended to include as an
-would have in the absence of the contract or
"Insured" the person or organization shown in the
agreement.
Schedule as an Additional Insured. The coverage
afforded to the Additional Insured is solely limited to
2. "Bodily" or "property damage" arising out of the
liability. specifically resulting from the conduct of the
use of your products or work you performed for
Named Insured which may be imputed to the Additional
the Additional Insured.
Insured. However, the naming of the person or
organization shown in the Schedule as an Additional
3. "Property damage" to:
Insured does not increase or alter the Limit of Insurance
nor the scope of coverage of this policy.
a. Property owned, used or occupied by or
rented to the Additional Insured.
B. EXCLUSIONS
b. Property in the care custody or control of the
This insurance does not apply to:
Additional Insured for any purpose of
exercising physical control.
1. "Bodily injury" or "property damage" for which the
Additional Insured is obligated to pay damages.
C. Any coverage provided by this policy shall be excess
by reason of the assumption of liability in a
only, over any other valid and collectible insurance
contract or agreement. But his exclusion does
which would apply in the absence of this policy.
not apply to liability for damages that the
However, this policy shall not be excess over any
Additional Insured
policy written as specific excess.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Copyright, Insurance Services Office, Inc., 1993
CL/CA 99 09 08 95