Loading...
HomeMy WebLinkAboutCC Resolution 12933 (City Hall HVAC)RESOLUTION NO. 12933 RESOLUTION ACCEPTING PROPOSAL FROM LEFLER ENGINEERING TO DEVELOP PLANS, SPECIFICATIONS AND CONSTRUCTION DOCUMENTS FOR THE UPGRADE OF THE CITY HALL HEAT, VENTILATION AND AIR CONDITIONING (HVAC) SYSTEM, IN AN AMOUNT NOT TO EXCEED $55,000, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH LEFLER ENGINEERING, INC. WHEREAS, San Rafael has applied for and received a $575,400 Federal Department of Energy Enerav Efficiencv and Conservation Block Grant, the purpose of which is to perform energy efficiency retrofits and to initiate energy efficiency and conservation programs for municipal buildings and facilities; and WHEREAS, staff recommends using the entire grant to upgrade the 44 year old City Hall HVAC system, much of which is original equipment and therefore highly inefficient and often non-operable; and WHEREAS, staff asked Lefler Engineering, a local mechanical engineering firm, to study the City Hall system in 2006; and WHEREAS, Lefler Engineering has an extensive and invaluable knowledge of the City Hall system and has collaborated successfully with City staff on similar projects, such as the 2007 Council Chambers HVAC Replacement project and the 2008 Library HVAC and Window Replacement project; and WHEREAS, staff requested and received a proposal from Lefler Engineering for professional mechanical engineering services for the project, specifically to prepare plans and specifications and related bid documents, in an amount not to exceed $55,000 (including contingencies); and WHEREAS, staff has reviewed their proposal and found it to be complete and within industry standards. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael that the Scope of Services for Lefler Engineering, Inc. is accepted and Council does hereby authorize the Public Works Director to enter into a Professional Services Agreement with Lefler Engineering, Inc. for professional mechanical engineering services in a form approved by the City Attorney and in an amount not to exceed $55,000, as described in Exhibit A. I, ESTHER C. BEIRNE, City 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 held on the 15th day of March, 2010, by the following vote, to wit: AYES: COUNCIL MEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None '_!55sdx G . A?Le_?.'Pt' ESTHER C. BEIRNE, City Clerk LEFLER ENGINEERING, INC. 1651 SECOND STREET SAN RAFAEL, CA 94901 (415) 456-4220 (415) 456-1248 (FAX) www.leflerengineering.com June 9, 2009 Mr. Richard Landis City of San Rafael 111 Morphew St. P. O. Box 151560 San Rafael, CA 94915-1560 Re: City Hall - HVAC Modifications Dear Richard, Lefler Engineering Inc. is pleased to have the opportunity to submit a fee for mechanical engineering services. We have designed numerous office and maintenance facilities for clients like PG&E, Pacific Bell, County of Sonoma, and Contra Costa County. Our fees and the scope of services are as follows. My preliminary construction cost breakdown is as follows: 1. Replace Chiller ..................................................... $85,000.00 2. Replace Cooling Tower .......................................... 60,000.00 3. Retrofit Two Air Handling Units.............................100,000.00 4. Install Direct Digital Controls ................................... 60,000.00 5. Mechanical Engineering Fees ................................ 50,000.00 6. Contingency............................................................50,000.00 7. General Contractor's Markup..................................80,000.00 Total................................................................... $485,000.00 Richard Landis Page'12 Re: City Hall - HVAC Modifications June 9, 2009 1. Study/Scope Phase a. Attend two (2) design meetings. b. Visit the buildings to review the existing conditions and document the locations of existing mechanical systems where possible. C. Produce a written report that outlines the recommended work to be included in this initial project. 2. Design Development a. Attend one (1) design meeting. b. Produce one line layouts of the major aspects of the plumbing, fire sprinkler, and HVAC systems. C. Develop preliminary sizes for any utility service revisions. d. Develop preliminary electrical loads. e. Develop preliminary structural loads. f. Produce an outline specification. 3. Construction Documents a. Attend two (2) design meetings. b. Visit the site to further review the existing conditions. C. Prepare cost estimates where appropriate. d. Produce HVAC design drawings, details, and specifications. 4. Biddinq a. Respond to the plan check comments. b. Produce resubmittal drawings as required. C. Attend the bid walk through with the contractors. d. Assist the City with contractor selection if requested. Richard Landis Re: City Hall - HVAC MoaIrications June 9, 2009 Page 3 5. Construction Administration a. Review the contractor's submittals. b. Respond to the contractor's questions and RFI's. C. Make a maximum of eight (8) site inspections including the final inspection and produce punch list reports. 6. Title 24 Documents a. For the HVAC systems. 7. Reimbursable Expense Allowance a. Internal printing, plotting, and copying. This allowance is made based on the assumption that all printing for owner review, permit submittals, and design team coordination will be done by your office. Those costs are not included in our reimbursable expense allowance. b. Messenger and delivery services. 8. Mechanical Engineerinq Fees a. Study Phase........................................................... $1,500.00 b. Construction Documents ........................................ 33,000.00 C. Bidding......................................................................1,000.00 d. Construction Administration......................................9,500.00 e. Title 24 (Allowance) .................................................. 4,000.00 f. Reimbursables.............................................................750.00 Total..................................................................... $49,750.00 Richard Landis Re: City Hall - HVAC Modifications June 9, 2009 Page 4 Our fees do not include energy studies, electrical engineering, structural engineering, and architectural design fees, LEED documentation or design, value engineering revisions, As -Built drawings, detailed cost estimating, printing costs, or messenger fees. If you have any questions or comments, don't hesitate to contact me. We look forward to being a part of the design team. If this proposal is acceptable, please sign below and return one copy to my office. Accepted By/Title MJL:Ic /San Rafael City Hall HVAC Mods Sincerely, LEFLER ENGINEERING, INC. �&U.-Xc --w Michael J. L r mike@leflerengineering.com Date AGREEMENT FOR PROFESSIONAL SERVICES WITH LEFLER ENGINEERING, INC. FOR CITY HALL HVAC UPGRADES This Agreement is made and entered into this 15'' day of April, 2010 by and between the CITY OF SAN RAFAEL [hereinafter "CITY"], and LEFLER ENGINEERING, INC. (hereinafter "CONTRACTOR). RECITALS WHEREAS, the CITY has determined that certain specialized professional services are required for the CITY HALL HVAC UPGRADES PROJECT (hereinafter "PROJECT"); and WHEREAS, the CONTRACTOR has offered to render such specialized professional services in connection with this Project. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. DEFINITIONS. Not Applicable 2. 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. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. MIKE LEFLER 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. 3. DUTIES OF CONTRACTOR CONTRACTOR agrees to perform the services outlined in the proposal from CONTRACTOR dated March 30, 2010 marked Exhibit "A" attached hereto, and incorporated herein by this reference. 4. DUTIES OF THE CITY CITY shall compensate CONTRACTOR as provided in Paragraph 5, provide CONTRACTOR with needed plans and documents (e.g., "as builts"), and assure that CONTRACTOR has full access to City Hall in order to perform the duties as described in Exhibit "A." F�Kf)u1OW&M-1110to) i;i For the full performance of the mechanical engineering services described herein by CONTRACTOR, CITY shall pay CONTRACTOR as described in section 7 of Exhibit "A" attached and incorporated herein, in an amount not to exceed $55,000. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. is complete. 6. TERM OF AGREEMENT The term of this Agreement shall be from the date of execution until the Project 7. 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 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. Agreement • 2 8. 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. 9. 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. 10. 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. 11. INSURANCE A. During the term of this Agreement, CONTRACTOR 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 ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage; Z. 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; Agreement • 3 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. CONTRACTOR 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 ten (10) 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 liability insurance provided to CITY by CONTRACTOR under this contract shall be primary and excess of any other insurance available to the CITY. 9. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the CITY's 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 PROJECT 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. Agreement • 4 12. 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. 13. 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. 14. COMPLIANCE WITH ALL LAWS CONTRACTOR 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. 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, ordinance, codes or regulations. 15. 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. Agreement • 5 16. 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: Parviz Mokhtari, (Project Manager) City of San Rafael 111 Morphew Street P.O. Box 151560 San Rafael, CA 94915-1560 TO CONTRACTOR: Mike Lefler, President Lefler Engineering, Inc. 1651 Second St. San Rafael, CA 94901 17. 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. 18. 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 matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. Agreement • 6 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. 19. 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. 20. 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. 21. 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. 22. 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 Municipal 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 W-9 (Request for Taxpayer Identification Number and Certification). Agreement • 7 23. 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 HOFF, City Mak 9c/ ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: &' 7 < �L' �' 'p- vroc ROBERT F. EPSTEIN, City Attorney File No.: 06.01.191 ENGINEERING, INC. By: MICHAEL J. LEtRAL er Engineering Agreement • 8 LEFLER ENGINEERING, INC. 1651 SECOND STREET SAN RAFAEL, CA 94901 (415) 456-4220 (415) 456-1248 (FAX) www.leflerengineering.com March 30, 2010 Mr. Richard Landis City of San Rafael 111 Morphew St. P. O. Box 151560 San Rafael, CA 94915-1560 Re: City Hall - HVAC Modifications Dear Richard, Lefler Engineering Inc. is pleased to have the opportunity to submit a fee for mechanical engineering services. We have designed numerous office and maintenance facilities for clients like PG&E, Pacific Bell, County of Sonoma, and Contra Costa County. Our fees and the scope of services are as follows. My preliminary construction cost breakdown is as follows: 1. Replace Chiller ..................................................... $85,000.00 2. Replace Cooling Tower .......................................... 60,000.00 3. Retrofit Two Air Handling Units.............................100,000.00 4. Install Direct Digital Controls...................................60,000.00 5. Mechanical Engineering Fees ................................ 50,000.00 6. Contingency............................................................50,000.00 7. General Contractor's Markup..................................80,000.00 Total................................................................... $485,000.00 EXHIBIT "A" Richard Landis Page 2 Re: City Hall - HVAC Modifications March 30, 2010 1. Studv/Scope Phase a. Attend two (2) design meetings. b. Visit the buildings to review the existing conditions and document the locations of existing mechanical systems where possible. C. Produce a written report that outlines the recommended work to be included in this initial project. 2. Desian Development a. Attend one (1) design meeting. b. Produce one line layouts of the major aspects of the plumbing, fire sprinkler, and HVAC systems. C. Develop preliminary sizes for any utility service revisions. d. Develop preliminary electrical loads. e. Develop preliminary structural loads. A structural engineer will have to be hired to evaluate the building structure. f. Produce an outline specification. g. Prepare a preliminary cost estimate. 3. Construction Documents a. Attend two (2) design meetings. b. Visit the site to further review the existing conditions. C. Prepare cost estimates where appropriate. d. Produce HVAC design drawings, details, and specifications. 4. Biddinq a. Respond to the plan check comments. b. Produce resubmittal drawings as required. Richard Landis Re: City Hall - HVAC Modifications March 30, 2010 C. Attend the bid walk through with the contractors. d. Assist the City with contractor selection if requested. 5. Construction Administration a. Review the contractor's submittals. b. Respond to the contractor's questions and RFI's. Page 3 C. Make a maximum of eight (8) site inspections including the final inspection and produce punch list reports. 6. Title 24 Documents a. For the HVAC systems. 7. Reimbursable Expense Allowance a. Internal printing, plotting, and copying. This allowance is made based on the assumption that all printing for owner review, permit submittals, and design team coordination will be done by your office. Those costs are not included in our reimbursable expense allowance. b. Messenger and delivery services. Our initial schedule through the design and construction periods is as follows. The schedule will be updated as the work progresses. 1. 35% complete design documents: ............................ 4 weeks 2. 95% complete design documents: ............................ 4 weeks 3. 100% complete design documents: ........................... 2 weeks 4. Permit review/Bidding period: .................................. 4 weeks 5. San Rafael contract approval/Start construction: ......... 4 weeks 6. Complete construction: ........................................ 18 weeks 7. Punch list and complete construction: ....................... 2 weeks Richard Landis Re: City Hall - HVAC Modifications March 30, 2010 Page 4 We propose to bill for the construction document phase (study phase, design development, construction documents, and title 24) on an hourly not to exceed basis. The not to exceed fee for this phase is $43,500.00. We propose to bill for the construction support phase (bidding and construction administration) on an hourly not to exceed basis. The not to exceed fee for this phase is $10,500.00. In addition we propose to bill all of our printing, delivery, and copying costs at the actual costs. An initial estimate of these charges is $750.00. Our fees do not include energy studies, electrical engineering, structural engineering, and architectural design fees, LEED documentation or design, value engineering revisions, As -Built drawings, detailed cost estimating, printing costs, or messenger fees. If you have any questions or comments, don't hesitate to contact me. We look forward to being a part of the design team. If this proposal is acceptable, please sign below and return one copy to my office. Accepted By/Title MJL:lc /San Rafael City Hall HVAC Mods Sincerely, LEFLER ENGINEERING, INC. Michael J.ILle!r6L mike@leflerengineering.com Date LEFLER ENGINEERING, INC. 1651 SECOND STREET SAN RAFAEL, CA 94901 (415) 456-4220 (415) 456-1248 (FAX) www.ieflerengineering.com BILLING RATES 2009-2010 HOURLY BILLING NAME TITLE RATE M. LEFLER PRINCIPAL $185.00 J. CROSS PROJECT ENGINEER $135.00 B. ALLEN PROJECT ENGINEER. $135.00 P. WONG DRAFTER/DESIGNER $105.00 M. NAGY CADD DRAFTER $105.00 T. LEFLER TECHNICIAN $75.00 L. CERNY WORD PROCESSING $ 70.00 N. LEFLER ADMINISTRATION $ 75.00 nr1S-14-CU l u WCU 1 1- 0 1 !ill r till IYV, r. UC DATE (M CERTIFICATE OF LIABILITY INSURANCE I 411AWDDIYY) 4/14 / 'RODUCER THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Kraft Insurance Brokerage HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4340Redwood Highway, W-142 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Rafael, CA 94903 (415) 507-9074 INSUREO INSURERS AFFORDING COVERAGE INSURERA.' Cnnt,,a0an _a1 -asualty CC=pc-Urxv Lefler Engineering IINSURERB: 12erialij; t Hainlnal Tns cs(mp=y 1651 Second Street IINSURERC: mraveler I San Rafael, CA 94901 INSURER Q; I 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 PFIRTAIN, THE INSURANCE AFFORDED BY'rH(E 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, TYPE OF INSURANCE POLK:Y NUMBERI pp MM Dann` ► GATE,,Z%RA °I N uaelT6 GENERAL LIABILITY I EACH OCCURRENCE S I Mi. 1 COMMERCIAL GENERAL LIABILITY I FIRE DAMAGE (My one &01 4 3 Q Q •_Q 0(3 CLAIMS MADE []j] OCCUR I MED W (Any one penwn) $ 0 A _ CNP 4017913848 12/1/09 12/1/10 I PERSONAL AADV INJURY 51 1411 I GENERALAGGREGATE S? Mi 1 GEML AGGREGATE UMIf APPLIES PER: PRODUCTS - COMP/OP AGG 42 Mil 7 POLICY( �I.Pirc F7 L00 AUYOMOBILG LIABILITY ANY AUTO _ ALL OWNED AUTOS _ SCHEOULEDAUTOS A X HIREDAUTOS CNP 4017913848 NON -OWNED AUTOS GARAGE LABILITY ANY AUTO EXCESS LIABILITY 7 OCCUR ❑ CLAIMS MADE DEDUCTIBLE RETENTION S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY US8534A48A C 12/1/09 12/1/10 9/1/09 9/1/10 OTHER 8 Professional 4BA-9003265 8/1/09 8/1/10 Til ability DESCRIPTION OF OPHRATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSOM KrsmgAL PROMS 3N5 City of San Rafael, its officers, agents and employees are additional insureds for general and auto liability for the herein under the CNA blanket additional insured provision. with waiver of subrogation. CERTIFICATE HOLDER 11; I ADDITIONAL INSURED; INSURER LETTER: A City of San Rafael Attn: Mr. Richard Landis 111 Morphew Street PO Box 151.560 San Rafael, CA. 91915 I ACORD 2" (7197) lR c0meiNEO INGLE LIMIT s1 Mil BODILY INJURY 3 (Per per) BODILY INJURY : (Por am(denl) PROPERTY DAMAGE $ (Pec 4-Mnt) AUTO ONLY • EA ACCIDENT III OTHER THAN EA ACC II AUTO ONLY: AGG I EACH OCCURRENCE 4 (AGGREGATE $ s I s a TORY LIMIITTS I I OFR E.L. EACH ACCIDENT 51 Mi 1 I E.L DISEASE -EA EMPLOYEE $1 Mi 1 E.L. DISEASE • POLICY LIMIT $ I --F4 1 $1 Million per claim $1 million aggregate included as coverages afforded Coverage is primary CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE L+XPIRATIOIN DATE THEREOF, THE ISSUING INSURER WIMX3MEjGWO IML _In__ DAYS WRITTEN NOTICE TO THIS CERTIFICATE HOLDER NAMED TO THE LEFT, MM IUPA�e OR AUTHORan R�ESENTATIVE�'� ORD CORPORATION 1988 COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This norinrsentent modifies insurnnr•r provided unifier the following C+:rhlf:tERCIAL GENERAL LIABILITY COVERAGE PART A. The lollowing Is added to WHO IS AN INSURED (Section II): Any person or organization ilial you agree In a .,contract or agreement requiring insurance" to in- clude as nn additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "properly daniage" or "personal injury" in whole or in part. by your ads or umis- slnns or true acts cir r!rTliSSklni ;A acting or) your hehall': a. In the performance of yuur onuoing opera- tions, b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included wuhin the "products -completed operations h n_al d" Su1:h person cli (110anlz:lll0n dnNs not lµl,ddt .Ts :.If cullhllun:d 11r;urr-rl IL.r "bod11•, Input" 'ticjn-It, danna•,te" ,tr "per,,ofi ll 11jurv" Int v-hich lh„ii I.r•r son or oi+1111za11on Ims flSCrlllled 11.1111111•, In :1 1, m, ioacl lir-i-jri,.rn1Pn1 1 he insurance provided to such additional Insured 1s limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added L!v another endorseln+,nt Irl Ilus Cnver- 19e P,ni (! TId> In,uiam hw, ill if .:1 j l i ! - I.-n•.!rl inn of of 1;1111in- IV ri•Il.j•�I ,,I1', ••I •I.tle",:h!11.11 tit-r.Irr ;.. f The limits of 111surance JffLJfd1.-.I io rile addi- lional insured shall be the limit; which you n9reed In that "contract or agreement requir- ing insurance" to pruvide for [hal additional insured. or the limits shown in the Dec lara- lu;ns for this Coverage Part lie less Tnls ndor�ent.-nl Jos not in•.r+,alse the 1111111, . i Insul,•1n. r ,1;1h=-1 Ill -h.- LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- ::rage Part must apply on a primary basis, lir a faimary and non-conlnbulory basis. this insurance rs primary to other insurance that is available to such additional Insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The 'bodily injury" or "property damage" for which coverage Is sought occurs; and (Z) The "personal injury" for which coverage is s.ou•lhl irises out of an offense committed: .!lift -,nu ha•. t enter! -d Into Ilial "contract or I.jiueilwnt rrijui fig insurance". But this insur- •Illcrs alill Is over valid and collectible other 111511rdlIE00, wl•Ir-cher primary, excess, contingent or on any other basis• ilia( is available to the insured when [fie Insured 1s an additional insured under any other Insurance. C. The following 1s added to Paragraph B. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): tn•; II:IhI, tf lecor.er, ::a may have 1•).1111:,1 Arlt 0111�"jr11'il�,itlUll htYUIU_se of '91+llrmf_ •.•re slake for 'bodily injury", "property doninge" or "persondl injury" arising out of "your ,vork" performed by you, nr on your behalf, under a "contract or agreement requiring insurance" with that person or .organization. We waive these lights only where you have agreed to do so as tart uf the "contract or agreement requiring Insur- tnU:-' V.Ilh t,uch per"011 or organization entered inii, 1'•; ,•lu hefnie and In effect when the "bodily CG D3 81 09 0; n,. I,... 1_, , i' 1.1 .„ 1,, - Page T of.2. In. Imr. Inn-„ +p.n}IIJ : �u.1ha1 JI In•.:1.,n a •1•' ��Ilur In•' :.dh u.;•unur:.irn1 .1 COMMERICAL GENERAL LIABILITY Injury" Or "properly damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is ;added to DEFINITIONS (Section V): " Contrac.t of a ,reoment r igLII inq Insurance" means that part of any contract iii ,lyre: nivnt un- der which you are required to Include a Berson cel organization as an additional Insured on) Ihls Co\,- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement: b. UVhde that part of the contract or agreement is III effect: and c. Bpfore the end of the policy penod Pane _' of 2 2,)0. The TN,elob Com 1Jnics. Inc CG D3 $1 09 07 Int kldeS the caps n4hl, id maferial nt In•.urini a :pr: is es Offwe Inr ,ndh IN parmission