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CM Essential Facilities 2015; Kitchell CEMc,rr of Agenda Item No. 5.b Meeting Date: September 21, 2015 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: City Manager's Office C Prepared by: Jim Schutz, City Manager City Manager Approval: TOPIC: Project and construction management services for public safety facilities in San Rafael SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH KITCHELL CEM INC. FOR PROJECT AND CONSTRUCTION MANAGEMENT SERVICES FOR THE PHASE 1 PROJECTS (PUBLIC SAFETY CENTER, FIRE STATION 52, AND FIRE STATION 57) OF THE ESSENTIAL FACILITIES STRATEGIC PLAN RECOMMENDATION: Adopt the Resolution (Attachment A) authorizing the City Manager to execute a Professional Services Agreement with Kitchell CEM Inc. (Kitchell) for project and construction management services for Phase 1 of the Essential Facilities Strategic Plan. BACKGROUND: A separate item on tonight's City Council agenda is for architectural and design, bidding and construction administration services for the Phase 1 projects of the Essential Facilities Strategic Plan. That item contains a more detailed "Background" of the effort to -date. This contract, with Kitchell, is for the associated project management services. On August 25, 2015 the City Council's Facilities Subcommittee interviewed Kitchell for project and construction management services related to this project and recommends that the City continue working with this firm under a new contract for the next phase of the project. A proposed Professional Services Agreement is attached as Attachment B, and would be attached to and approved by the Resolution, subject to final approval as to form by the City Attorney. ANALYSIS: Each of the three Phase 1 projects includes a work plan composed of two key tasks (see Exhibit 1 of Attachment B for more details): FOR CITY CLERK ONLY File No.: - Council Meeting: t Disposition: t SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 1. Planning, Program / Design and Bid Phase Management This task includes general project management of the projects through the awarding of the bids, including facility assessments, temporary relocation planning, cost estimates, coordination and administration of the bid process and preparation of construction of contracts, value engineering (as necessary), and regular status reports. 2. Construction Administration / Post -Construction and Project Closeout This task includes general construction management duties to oversee construction activities, monitor schedule and budget, coordinate inspections and requests for information, administer change orders and submittals, perform field inspections and evaluations, and provide regular status reports. Post -construction and closeout duties include assisting the preparation of punch - lists, coordination of all closeout items, resolution of any outstanding issues, preparation of final closeout report, and coordination of move -in schedules and plans. The proposed Professional Services Agreement provides that each task will be individually authorized by a specific Notice to Proceed issued by the City. Should the City choose not to issue a Notice to Proceed, choosing, in effect, to terminate the Agreement, the Agreement allows the City to do so and compensate Kitchell for services performed up to the date of termination. Value Engineering The proposed Professional Services Agreement includes up to $63,720 for value engineering at 100% design development as necessary. This task would include written recommendations to the City. Reimbursable Expenses The proposed Professional Services Agreement includes up to $79,497 for reasonable and customary reimbursable expenses submitted separately and approved by the City. Reimbursable expenses may include: project office and equipment, telecommunications, postage, consumables, plans/prints/photos and project -related travel. The cost and/or the time of commute travel will not be charged to the City. Schedule The previously described scope of work is anticipated to begin immediately and take approximately three years and nine months. Below is a summary of the approximate schedule for each project with a more detailed overall schedule available in Exhibit 2 of Attachment B. Public Safety Center Fire Station 52 & 57 Conceptual Design Oct 2015 to Feb 2016 Oct 2015 to Jan 2016 Entitlement Review Feb 2016 to Jan 2017 Jan 2016 to Mar 2016 Schematic Design Feb 2016 to Apr 2016 Jan 2016 to Mar 2016 Design Development May 2016 to Aug 2016 Mar 2016 to May 2016 Construction Documents Aug 2016 to Mar 2017 May 2016 to Oct 2016 Bid/Award Mar 2017 to Jun 2017 Oct 2016 to Jan 2017 Construction Jun 2017 to Jun 2019 Jan 2017 to Mar 2018 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 Consultant Selection In general, once a project is ready for construction, the construction manager role is an essential one to deliver the project on time and budget. During the Strategic Planning phase the Facilities Subcommittee and staff indicated a preference for bringing this expertise into the project at the initial stage, so that the entire process takes place with the constructability and overall success of the end projects in mind. Kitchell is recommended due to their outstanding performance in developing the Essential Facilities Strategic Plan, as well as their experience, including recent construction management of public safety buildings in Marin County, and exceptional references. It should be noted that Kitchell typically estimates the amount of time needed on a project and then only charges for actual time used. The project manager for Kitchell will be Bill Johal who is a Certified Construction Manager (CCM). Mr. Johal has worked in a similar capacity for projects such as: the Central Marin Police Authority Headquarters in Larkspur, the Novato Fire Station No. 64, and the Novato Civic Center City Administration Offices among many other projects. COMMUNITY OUTREACH: During the development of the Essential Facilities Strategic Plan, Kitchell developed a Communications Plan that identifies strategies to enhance engagement and transparency throughout the Essential Facilities project including design and construction. A webpage has been created at www.citvofsanrafael.org/facilities with information about the projects, including the approved Strategic Plan. To -date, staff has conducted project updates to a variety of community and stakeholder groups including the Federation of San Rafael Neighborhoods, North San Rafael Coalition of Residents, Business Issues Committee, San Rafael Chamber of Commerce Economic Vitality Committee, and multiple updates with the San Rafael Fire Commission. Each project will undergo additional outreach, with neighbors and other stakeholders to review operational and design issues. Opportunities for community participation include workshops as well as public meetings with the Design Review Board, Planning Commission and the City Council. FISCAL IMPACT: The proposed Professional Services Agreement includes all three buildings of the Phase 1 projects and totals $3,171,060 in project and construction management services, up to $63,720 in value -engineering services, and up to $79,497 in reasonable and customary reimbursable expenses for the professional services as detailed in the attached scope of work. These funds will be appropriated from the portion of Measure E General Fund revenues allocated to public safety facilities construction and improvements. OPTIONS: The City Council has the following options to consider on this matter: 1. Adopt the resolution as presented, approving the Professional Services Agreement; 2. Adopt the resolution with modifications to the Professional Services Agreement, subject to approval by Kitchell; 3. Direct staff to return with more information; 4. Take no action. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 RECOMMENDED ACTION: Adopt the Resolution authorizing the City Manager to execute a Professional Services Agreement with Kitchell CEM Inc. for project and construction management services for Phase 1 of the Essential Facilities Strategic Plan. ATTACHMENTS: A. Resolution B. Professional Services Agreement with: Exhibit 1 - Scope of Services and Cost Summary Exhibit 2 - Schedule RESOLUTION NO. 14017 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH KITCHELL CEM INC. FOR PROJECT AND CONSTRUCTION MANAGEMENT SERVICES FOR THE PHASE 1 PROJECTS (PUBLIC SAFETY CENTER, FIRE STATION 52, AND FIRE STATION 57) OF THE ESSENTIAL FACILITIES STRATEGIC PLAN WHEREAS, in October, 2014, staff issued a Notice Inviting Proposals for Project Management and Pre -Construction Services for an Essential Facilities Strategic Plan that indicated the potential for future phases under a separate contract; and WHEREAS, Kitchell CEM, Inc. was selected and provided project management and pre - construction services for the development of the Essential Facilities Strategic Plan; and WHEREAS, on July 20, 2015, the City Council unanimously approved the Essential Facilities Strategic Plan; and WHEREAS, the City is entering into the architectural and design phase of the Essential Facilities project; and WHEREAS, on August 25, 2015, Kitchell CEM was interviewed and selected by the City Council Facilities Subcommittee to perform project and construction management services for the Phase 1 projects (Public Safety Center, Fire Station 52 and Fire Station 57) of the Essential Facilities Strategic Plan; and WHEREAS, on August 25, 2015, the City Council's Facilities Subcommittee decided to recommend to the full City Council an Agreement with Kitchell CEM for their project and construction management services. 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, a Professional Services Agreement, in the form attached hereto, with Kitchell CEM, Inc., for project and construction management services for the Phase 1 projects (Public Safety Center, Fire Station 52 and Fire Station 57) of the Essential Facilities Strategic Plan, subject to final approval as to form by the City Attorney. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Rafael does hereby authorize the appropriation of $3,314,277 from General Fund Measure E revenues to fund this Agreement for the corresponding fiscal years of the agreement. I, ESTHER BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 21" day of September, 2015 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk RESOLUTION NO. 14017 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH KITCHELL CEM INC. FOR PROJECT AND CONSTRUCTION MANAGEMENT SERVICES FOR THE PHASE 1 PROJECTS (PUBLIC SAFETY CENTER, FIRE STATION 52, AND FIRE STATION 57) OF THE ESSENTIAL FACILITIES STRATEGIC PLAN WHEREAS, in October, 2014, staff issued a Notice Inviting Proposals for Project Management and Pre -Construction Services for an Essential Facilities Strategic Plan that indicated the potential for future phases under a separate contract; and WHEREAS, Kitchell CEM, Inc. was selected and provided project management and pre - construction services for the development of the Essential Facilities Strategic Plan; and WHEREAS, on July 20, 2015, the City Council unanimously approved the Essential Facilities Strategic Plan; and WHEREAS, the City is entering into the architectural and design phase of the Essential Facilities project; and WHEREAS, on August 25, 2015, Kitchell CEM was interviewed and selected by the City Council Facilities Subcommittee to perform project and construction management services for the Phase 1 projects (Public Safety Center, Fire Station 52 and Fire Station 57) of the Essential Facilities Strategic Plan; and WHEREAS, on August 25, 2015, the City Council's Facilities Subcommittee decided to recommend to the full City Council an Agreement with Kitchell CEM for their project and construction management services. 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, a Professional Services Agreement, in the form attached hereto, with Kitchell CEM, Inc., for project and construction management services for the Phase 1 projects (Public Safety Center, Fire Station 52 and Fire Station 57) of the Essential Facilities Strategic Plan, subject to final approval as to form by the City Attorney. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Rafael does hereby authorize the appropriation of $3,314,277 from General Fund Measure E revenues to fund this Agreement for the corresponding fiscal years of the agreement. I, ESTHER BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 215` day of September, 2015 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ,2964--7- C , A&Z,12—.c y ESTHER C. BEIRNE, City Clerk AGREEMENT FOR PROFESSIONAL SERVICES FOR PROJECT AND CONSTRUCTION MANAGEMENT SERVICES This Agreement is made and entered into this I" day of October, 2015, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Kitchell CEM Inc., a California Corporation (hereinafter "CONTRACTOR"). RECITALS WHEREAS, in October, 2014, CITY issued a Notice Inviting Proposals for Project Management and Pre -Construction Services for an Essential Facilities Strategic Plan that indicated the potential for future phases under a separate contract; and WHEREAS, CONTRACTOR was selected by CITY to provide, and did provide, project management and pre -construction services for the development of the Essential Facilities Strategic Plan; and WHEREAS, on July 20, 2015, the City Council unanimously approved the Essential Facilities Strategic Plan; and WHEREAS, CONTRACTOR expressed an interest in performing the project management and pre -construction services required for implementation of Phase 1 of the Essential Facilities Strategic Plan, and was interviewed for that project by the City Council's Facilities Subcommittee on August 25, 2015, and WHEREAS, on August 25, 2015, the City Council's Facilities Subcommittee decided to recommend to the full City Council, and the City Council, on September 21, 2015, authorized, entering into a Professional Services Agreement with CONTRACTOR for program, design and construction management services needed to implement Phase 1 of the Essential Facilities Strategic Plan; AGREEMENT it3 _ 5 g3 NOW, THEREFORE, the parties hereby agree as fol' 1. PROJECT COORDINATION. A. CITY'S Project Manager. The Assistant City Manager is ELM,-, lated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR'S Project Director. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Rev. Date: 7/30/15 CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties and/or provide services as shown in the letter from CONTRACTOR dated September 4, 2015 re "Fee Proposal for Program, Design and Construction Management for the Phase 1 Projects (Public Safety Center/Fire Station 51, Fire Station 52/Fire Training Center and the Fire Station 57) of the Essential Facilities Strategic Plan", attached hereto as Exhibit 1 and incorporated herein by reference. CONTRACTOR shall provide such services consistent with the schedule set forth in Exhibit 2 attached hereto and incorporated herein by reference; provided that regardless of such schedule CONTRACTOR shall not begin work on any "Task" described in Exhibits 1 for the three Phase 1 projects unless and until CITY, through its PROJECT MANAGER, serves CONTRACTOR with written "Notice to Proceed" with that Task. 3. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4, and coordinate with CONTRACTOR regarding key aspects of the project and construction management phases. CITY shall provide CONTRACTOR with a written "Notice to Proceed" when CITY desires CONTRACTOR to begin any individual "Task" described in Exhibit 1 for the three Phase 1 projects; provided, however, that CITY shall not be required to issue a "Notice to Proceed" as to any Task should CITY determine to terminate this Agreement as provided in Paragraph 6 below. 4. COMPENSATION. For the full performance by CONTRACTOR of the "Tasks" described in Exhibit 1, CITY shall pay CONTRACTOR the compensation as set forth in Exhibit 1, specifically, professional services fees of $589,935 for planning, program/design and bid phase management services; $2,581,125 for construction administration and closeout services; and up to $63,720 in value - engineering services; and reasonable and customary reimbursable expenses of up -to an additional $79,497, for a total contract amount not to exceed $3,314,277. "Reasonable and customary reimbursable expenses" shall include, but are not limited to, project office and equipment, telecommunications, postage, consumables, plans/prints/photos and project -related travel, and shall be submitted separately and approved by the City. The cost and/or the time of commute travel shall not be charged to the City. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT. The term of this Agreement shall be for 3 years, 9 months commencing on October 1, 2015 and ending on June 30, 2019. Upon mutual agreement of the parties, and subject to the approval of Rev. date: 730/15 2 the City Manager the term of this Agreement may be extended for an additional period but not longer than one year. 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. CONTRACTOR shall be entitled to compensation for services performed, in a manner satisfactory to the CITY, up to the date of Termination. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. 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. 10. INSURANCE. Rev. date: 7/'30/15 A. Scope of Coverage. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, 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) 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 two million dollars ($2,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. Where CONTRACTOR is a professional not required to have a professional license, CITY reserves the right to require CONTRACTOR to provide professional liability insurance pursuant to this section. 4. 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. CONTRACTOR'S worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONTRACTOR in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 2. The additional insured coverage under CONTRACTOR'S insurance policies shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CONTRACTOR'S policies shall be at least as broad as ISO form CG20 0104 13. 3. Except for professional liability insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. The insurance policies shall be specifically endorsed to 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 the PROJECT MANAGER. Rev. date: 7130/15 5. 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. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. C. Deductibles and SIR's. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. 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. D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT MANAGER or CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. 11. INDEMNIFICATION. A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Rev. date: 7,30115 5 Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONTRACTOR'S performance of its obligations or conduct of its operations under this Agreement. The CONTRACTOR's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONTRACTOR's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR'S performance of or operations under this Agreement, CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. 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 the City Indemnitees from and against any CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such CLAIM which is caused by the sole negligence or willful misconduct of CITY. C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 12. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. 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, ordinances, codes or regulations. Rev. date: 7/30/15 6 14. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY's Project Manager: TO CONTRACTOR's Project Director: 16. INDEPENDENT CONTRACTOR. Assistant City Manager City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 Kitchell CEM Inc., Attn: Bill Johal 2750 Gateway Oaks Drive, Suite 300 Sacramento, CA 95833 For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Rev. date: 7/30/15 Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE / OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael 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). 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. Rev. date: 7/30115 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. J S M SCHUTZ, City Man ger ATTEST: /Zq9r--'C e - a -e -e 2-'t , ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN, City Knomey Rev. date: 7/30/15 CONTRACTOR i / /il'*dt Kit IC KITCHELL September 4, 2015 Jim Schutz Assistant City Manager San Rafael City Hall 1400 Fifth Avenue, Room 203 San Rafael, California 94915-1560 Re: Fee Proposal for Program, Design and Construction Management Services for the Phase 1 Projects (Public Safety Center/Fire Station 51, Fire Station 52/Fire Training Center and the Fire Station 57) of the Essential Facilities Strategic Plan. Dear Mr. Schutz, Thank you for the opportunity to submit a fee proposal for the Program, Design and Construction Management Services for the Phase 1 Projects (Public Safety Center/Fire Station 51, Fire Station 52/Fire Training Center and the Fire Station 57) of the Essential Facilities Strategic Plan. On behalf of our entire team, I personally would like to thank you and the members of the Facilities Subcommittee for this opportunity. We are very excited about continuing our relationship with the City on this important project. The following is what we perceive the Scope of Services to be within each phase of the these projects and a fee proposal for the identified tasks is shown below; 1. Planning, Program/Design and Bid Phase Management for Phase 1 Projects: • Develop and Manage Master Schedule 0 Master Schedule to include Planning, Design, Bid and Award, Construction, and Closeout Phase milestones and all activities necessary to ensure project completion by the City's targeted date ca Update Master Schedule during all Project phases • Develop and Manage Master Budget and Cost Control Information * Master Budget to cover all phase of the Project * Update Master Budget over all phases • Assist City in Facilities Assessment r,.., Review existing utility and site constraints * Assist in temporary relocation planning * Assist in determining Project property needs • Assist City in Local Entitlement, Design Review Committee and Permitting Processes * Assist City in obtaining CEQA approval and integrating CEQA requirements into the bid documents * Meet with City planning and building department staff as required * Prepare Project applications * Monitor City approval process • Provide advice regarding Project Construction Phasing approaches with Schedule and Budget impacts • Monitor and Update Project Budgets and Schedules • Oversee Architect and Sub consultants • Provide a Cost Estimates at 100% Design Development. Upon review of the AE's 100% Design Development estimate, provide an estimate reconciliation and provide written recommendations to the City. • Perform Constructability at 50% or 75% Construction Documents and back -check at 100% Construction Documents and provide written recommendations to the City and Design Team. • Perform Value Engineering at 100% Design Development and provide written recommendations to the City (if necessary). This item is not included in the total cost and is an additional service. It can be added into the contract via amendment if any or all of the Phase 1 projects experience budget overruns. Kitchell CEM 2750 Gateway Oaks Drive I Suite 300 i Sacramento, California 95833 1 Phone 916.648 9700 1 Fax 916 648.6534 1 www krtchell com C KITCHELL • Review and Assess Life Cycle Costs • Coordinate Project with Utility Companies • Coordinating Construction Documents including plans and specifications, bid documents, construction contracts, general and special conditions • Administer Bid Process for the Construction Phase of each respective project listed • Stimulate Bid Interest • Assist in Preparing Bid Documents (, Identify specific construction site boundaries, access, fencing, work hours, contractor conduct requirements, and security requirements in the bidding documents. o Manage the process for the assembly, reproduction and distribution of the bid documents to prospective bidders c, Clarify scope of each trade o Develop a Master Bid/ Award Schedule including construction milestones o Assist the City and the Architect in the modification of or addition of special or general conditions for Contract(s) that might be needed for unique Project or bid package conditions • Prepare and oversee the General Contractor Pre -qualification process • Conduct Pre-bid and Pre -construction Meetings • Conduct Bid Openings • Prepare Bid Analyses and Assist City in Tabulating Bids Received O Review bids for compliance with bidding requirements C Verify contractor license status, check references • Make recommendations to City for award of contracts or rejection of bids • Conduct Pre -Award Conference with Successful Bidder • Assist City in preparing Construction Contracts for execution • Provide Quarterly Program and Project Status Reports throughout every phase of the project. Report to include overall status or each project, program and project budget and schedule updates, issues update and progress photographs. 2. Construction Administration for Phase 1 Projects: • Develop a Construction Management Plan with City, Architect, and Contractors to clearly define roles and responsibilities during construction • Conduct a Pre -Construction Conference with the Contractor and major trade subcontractor to review Project reporting procedures and rules and safety protocol • Provide full-time on site staff for Administration of the Construction Contract(s) • Review Contractor's Construction Schedules for conformity with the requirements of the Contract and conformity with the Master Schedule. Ensure that Contractors provide detailed construction schedules, including activity sequences and durations, submittal schedule, or procurement schedule for products that require long lead- time • Monitor Contractors' Contract Compliance • Identify Variances between actual or forecasted cost and budgeted costs and each Construction Contract o Advise the City whenever projected costs exceed budgets or estimates • Conduct Regular Construction Meetings with the Contractor(s) to discuss and resolve such matters as progress, quality, and scheduling. 0 Prepare and promptly distribute minutes • Establish Notification Procedures for any Utility Shutdowns that impact the progress of the work • Coordinate the Testing and Inspection of the Project () Review test reports and make recommendations as necessary o Schedule City and special inspections • Produce Monthly Cost Reports to monitor the current and project final costs of the project. o Prepare cash flow projections as needed • Administer Change Orders o Review Contractor requests for changes Kitchell CEM 2750 Gateway flaks Drive I Suite 300 1 Sacrarnento, California 95833 1 Phone 916.648.9700 1 Fax 916.648.6534 1 wvdw kitchell.corn 'G KITCNELL o Determine cause of the request o Assemble and evaluate information concerning the request o Provided a written analysis of the Change Order • Administer Submittals and shop drawing logs • Coordinate, review and Manage Requests for Information (RFI) • Produce Weekly Management Report Summary defining the progress of the work including change orders, RFI's, submittals, schedule and potential claims. Produce a more detailed monthly report of the same items • Administer Contractor Payment Applications o Development and implement procedures for review and processing Contractor's applications for payment o Review payment applications and documentation • Oversee Dispute Resolution Process • Perform Quality Control of Contractor work • Perform Field inspection to evaluate work in progress to confirm that it conforms to the contract documents and make daily observations of weather, number of workers, work accomplishes, problems encountered, and other relevant data. Take digital photographs of project site • Keep local Government Agencies informed of the progress of the project as required. • Monitor the Contractors' Safety Program • Keep copies of all Project documents for delivery to the City upon Project completion 3. Post Construction /Project Closeout for Phase 1 Projects: • Observe, with City's maintenance personnel, the Contractor's checkouts of utilities, operational systems and equipment, and start-up and testing • Prepare in conjunction with the Architect and City all punch -lists. Monitor the completion of the punch - lists by the contractors • Determine, with the Architect and City, when the facility or designated portions are substantially complete • Coordinate and receive all close-out items including as -built drawings, operation and maintenance manuals, and warranties from contractors & manufacturers as required and coordinate with property/facilities management staff • Assist with resolving all contract issues, warranties, bonds, etc. at closeout of project. • Prepare a final close out report with recommendation as to final payment, notice of completion, and file system for retrieval of closeout documentation • Assist with obtaining occupancy permit. • Assist with commissioning the building and owner training • Transmit Project documents to the City after final close-out tasks are complete. • Assist City in developing and implementing transition and move-out/move-in schedules and plans The fee to provide the above scope of services for the Program, Design and Construction Management Services for the Phase 1 Projects is as follows; 1. Planning, Program/Design and Bid Phase Management for Phase 1 Projects: $ 589,935 2. Construction Administration and Closeout for Phase 1 Projects: $ 2,581,125 $ 3,171,060 The proposed fee utilizes the level of staff and the designated number of hours for the respective staff member during each Task identified on the attached Staffing Fee Timeline. Reasonable and customary reimbursable expenses would be submitted separately to the above costs. Reimbursable expenses may include; Project Office and equipment, Telecommunications, Postage, Consumables, Plans/Prints/Photos and Project -related travel. Please note that the above fee does not include any staff time for the Phase 2 projects. As the exact scope of the Phase 2 projects (Renovations at Station 54 and 55, Maintenance at Station 56 and the Repurposing of City Hall) are not yet completely defined due to budget constraints, a second fee proposal for Kitchell CEM 2750 Gateway Oaks Drive I Suite 300 1 Sacramento, California 95833 1 Phone 916.648.9700 1 Fax 916.648.6534 1 www.kitchell.com C KITCHELL the Program, Design and Construction Management Services for the Phase 2 projects will be submitted separately at a later date. In additional, Kitchell would highly recommend that the following Engineering and Architectural Support Services be added to the Planning, Program/Design and Bid Phase Management scope for the Public Safety Center/Fire Station 51, Fire Station 52/Fire Training Center and the Fire Station 57 projects should any or all of the projects experience budget overruns. This item can be added into the contract via amendment. The additional cost for this service is as follows; • Design Development (DD) Phase Value Engineering (if necessary): $ 63,720 In preparing this fee we assume a contract start date for the Planning, Program/Design and Bid Phase Management scope of services of October 2015 and a completion date of April 2019 for the construction of the Phase 1 projects. Thank you for the opportunity to provide these services. Our resources are in place and we are ready to commence with this work. If you have any questions, please do not hesitate to contact me at this office. Sincerely, Bill al Project (rector Kitchell CEM 2750 Gateway Oaks Drive I Suite 300 1 Sacramento, California 95833 1 Phone 916.648 9700 1 Fax 916.648.6534 1 www.kitcfiel1.corn �_ sg� E�• �i ,„ a �_ €— @; a §�� 3 P d C C b a' 4 3 i "a a a cfI T cn T 0 a� C d E o m — m C u W c L u S C t 3 c m o E to u — N O E A rn N O T 2 C Nn m .ti E tn\i 9 o " u u° c E \ Y o m CSI _m c °� v C M m t N — C CU N Uc10 m to .�i N - U 0 m C C d N A u 0 ALn CD rn CL\ e E v at c cn { e a 0 0 ��I c �� ' t a, E +:+ c; ei of m u E E m m 0 0 N �l N .4 v o u $ '' .n Y ` 00 M T W \ 0 u ao o r v u CU N a u0 7 C E E o m m N L o W C l w u !7' u d w LL 0 d C Ut Y a1 u C ,� �� ,,,, .. c Cwgym. ,...w,.. .,,._._,,. _._.� .. .. .„,. ........ ,.,........AL. , .. _.,,. ..( QJ M'Ln qGr .•.aM� C 's O . 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C O N `-' C C CW ad.+ > ro i+ O ut u 'O a O E y v 'm ai u c u y (U E '� v v E fO c IL c m u E o m n, m Q E j E o. cu L N d u ai 3` E Q O v y E c E 3 m Y E W d c j c E U ai E ar m F Z u N m 0 in C 7 Q U �n C D_ W U C •y, d �+ L vi C a+ O Y Oa W O �+ V U u� 7 C U � L -O E U •n Q CU Q H C W U O Y I- O U C W u Ln d 0 0 U C O m 0 U 3 Z o U C W U o N U c W v c d 0 0I K o o U O O_ o d Q U cc O_ m o U �- LL W W Z U r-1 N m O1 O ,. Ln N N C m m lO m m m 00 m O1 m O V N Ci N Q m V O C In V lO -T CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 9/16/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT ;CIG Insurance Agency, Inc. NAME:. _ 2600 N. Central Exp . Suite 800 PHONE x .. FAX ... Richardson, TX 7508 c e s72-7o2-so04 'FAX s72-s67-osoa__ E-MAIL ---- — ------- '— --- ~.acig.com INSURED Kitchell CEM, Inc. 2750 Gateway Oaks, Suite 300 Sacramento CA 95833 INSURER A : INSURER B: INSURER C : INSURER D: 26387 COVERAGES CERTIFICATE NUMBER: 26422724 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. San Rafael CA 94915-1560 INSR TYPE OF INSURANCE AD LTR DL SUBR POLICY NUMBER MM/DDY/YYYY MEFF PMIDD/YYYT LIMITS j COMMERCIAL GENERAL LIABILITY Michael J. O'Neill EACH OCCURRENCE $ t- h DAMAB€-ibt2€NiFb +CLAIMS -MADE i. OCCUR ,.... �,,, PREMISESLEa occurrence _ S MED EXP (Any one person) $ .......... . ... .... PERSONAL & ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: ". GENERAL AGGREGATE $ PRO- I" . j POLICY V j JECT „j LOC I j PRODUCTS - COMP/OP AGG --_..... .. $ .. .. I OTHER: V..-.-.- $ 4 AUTOMOBILE LIABILITY j COMBINED SINGLE LIMIT _[Ea accident $ ANY AUTO BODILY INJURY (Per person) $ .... ALL OWNED .... SCHEDULED ... BOOILY INJURY (Per accident) ....... .... ... $ AUTOS AUTOS I NON-0WNED PROPERTY DAMAGE $ 4 HIREDAUTOS AUTOS '.. LPeracddenq_ I UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS MADE A GREGATE $ DED RETENTION S $ WORKERS COMPENSATION PER OTH- STATUTE ER AND EMPLOYERS' LIABILITY YIN, I ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) E.L. DISEASE -EA EMPLOYE S If yes, describe under r DESCRIPTION OF OPERATIONS below E' L. DISEASE - POLICY LIMIT $ F Contractor Professional Liability EOC 3999322-07 6/1/2015 6/1/2016 Per Claim $2,000,000 ;'Aggregate $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (;CORD 101, Additional Remarks Schedule, may be attached If more apace Is required) Re: Public Safety Center/Fire Station 51, Fire Station 52/Fire Training Center and Fire Station 57 Professional/Pollution *Aggregate limit is total insurance available for all claims presented within the policy period for operations of insured. Limit will be reduced by payments of indemnity and/or expenses. CERTIFICATE HOLDER CANCELLATION San Rafael CItV of San Rafael SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN O P. . Box 151560 ACCORDANCE WITH THE POLICY PROVISIONS. San Rafael CA 94915-1560 AUTHORIZED REPRESENTATIVE Michael J. O'Neill ACORD 25 (2014/01) ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 26922729 1 15/16 PL 2/2 1 Skylar Romines 1 9/16/2015 3:10:91 PM (CDT) I Page 1 of 1 This certificate cancels and supersedes ALL previously issued certificates. A`ORV CERTIFICATE OF LIABILITY INSURANCE DA 9/16/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ACIG Insurance Agency, Inc. 2600 N. Central Exp Suite 800 Richardson, TX 7508 CONTACT NAME: P"Co" o 972-702-9004 AX(AICNo): 972-687-0604 E-MAIL ADDRESS: accountmana ers aci .com INSURER(S) AFFORDING COVERAGE NAIC p GL15PA0002 INSURERA: American Contractors Ins. Co. RRG 12300 www.acig.com INSURED Kitchell CEM, Inc. 2750 Gateway Oaks, Suite 300 Sacramento CA 95833 INSURER B: ACIG Insurance Company 19984 INSURER C : INSURER D : INSURER E : 6/1/2015 INSURER F: �AidADh�b NN�€6 PREMISES (Ea ocwrrencej 5 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SOBfi Cia ty of San Rafael n Rafael P01JCY EFF `POLICY EXP P.O. Box 15 LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY) (MMIDDIYYYYI LIMITS A �/ COMMERCIAL GENERAL LIABILITY GL15PA0002 6/1/2015 6/1/2018 EACH OCCURRENCE$ 1,000000,. _.. _.. A _ CLAIMS -MADE ✓ OCCUR iGL15PB0002(GL XS) 6/1/2015 6/1/2018 �AidADh�b NN�€6 PREMISES (Ea ocwrrencej 5 100 000 A � ! IGL15PC0002 GL XS ( ) r 6/1/2015 6/1/2018 � m_ 5,00""0 MED EXP An one person) �S mm ADV INJURY s 1,000,000',,. GEN'LAGGREGATE LIMIT APPLIES PER: lm ...... ........ GENERALAGGREGATE S 2,000,000 POLICY ✓ JECT LOCPRS TS -COMP/OP AGG S 2,000,000. ..� OTHER: S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S jEa accident . _ .. ANY AUTO BODILY INJURY (Per person) S ALL OWNED SCHEDULED f AUTOS AUTOS BODILY INJURY (Per accident) $ ...... ....,......_.. ............. ...� .. _. NON -OWNED PROPERTY DAMAGE 5 HIRED AUTOS AUTOS _LPer accidenttl S UMBRELLA LIAS OCCUR EACH OCCURRENCE S EXCESS LU►B CLAIMS -MADE j AGGREGATE $ DED RETENTION$ S WORKERS COMPENSATION ✓ PER OTH- ✓ STATUTE ER B YIN WCA000006815 6/1/2015 6/1/2016 __ ORIPAR NERIE ACCIDENT XCLUDEDXECUTIVE OFFCER/MEM �N NIA' (Mandatory In NH) E.L.DISEASEEMPLOYE $ 1,000,000 If yes. describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S 1,000,000, DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached H more space Is required) Re: Public Safety Center/Fire Station 51, Fire Station 52/Fire Training Center and Fire Station 57 CERTIFICATE HOLDER CANCELLATION San Rafael Cia ty of San Rafael n Rafael SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE P.O. Box 15 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN San Rafael 94915-1560 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Michael J. O'Neill ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 26911739 1 15/16 15PA GL5!5 WC Re -r.: CA AZ SV Skylar Romines 9'16 2015 9:19:39 AM (CDT) I Page 1 of 3 This certificate cancels and supersedes ALC, previously issued certificates. 336 NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE - CERTIFICATE HOLDERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The certificate of insurance holders shown in the schedule below have requested that they receive written notice of cancellation, nonrenewal or material change with respect to this policy. If we decide to cancel, nonrenew or make a material change to this policy, we agree to mail or deliver sixty (60) days advance written notice to the certificate of insurance holders shown in the schedule below. However, if we are cancelling or nonrenewing due to nonpayment of premium, we will only provide the certificate of insurance holders shown in the schedule below with ten (10) days advance written notice. The notice of cancellation, nonrenewal or material change will be mailed to the addresses provided to us by the certificate of insurance issuer. Proof of mailing will be considered sufficient proof of our good faith attempt to provide notice of cancellation, nonrenewal or material change to the certificate of insurance holders shown in the schedule below. SCHEDULE All certificate of insurance holders where written notice of cancellation, nonrenewal or material change to this policy is required by written contract, permit or agreement with the Named Insured. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the mentioned Policy, other than as above stated. 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: Same as policy effective date unless otherwise indicated above. Policy Effective Date: 6/1/2015 Insured: Kitchell CEM, Inc. Policy No.: GL15PA0002 Insurance Company: American Contractors Insurance Co RRG Countersigned By 26411734 115/16 15PA GL5/5 WC Retro CA AZ NV I Skylar Romines 19/16/2915 9:19:39 AM {CDT} I Page 2 of 3 This certificate cancels and supersedes ALL previously issued certificates. Endorsement No.: Premium $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) 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.) 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 such remuneration. Person or Organization Whomever the named insured is required by written contract executed prior to loss to waive rights of recovery against. * No Additional Premium to be applied * % of the California workers' compensation premium otherwise due on 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: Same as Policy Effective Date unless otherwise indicated above. Policy Effective Date: 6/1/2015 Policy No. WCA000006815 Endorsement No. Premium $ Insured Kitchell CEM, Inc. Carrier Name/Code: ACIG Insurance Company Countersigned by WC 04 03 06 (Ed. 04-84) 26411734 f 15� 16 15PA GL5i 5 WC Rema CA A'2 NV kylL a°. "Rom,nes 5, 16 2015 9 19:39 AM (70F Page 3 of, 3 This certificate cancels and supersedes A.!— pz.ev,xauss.ly s.e^sa ed maela:. fa .cases. ACORV CERTIFICATE OF LIABILITY INSURANCE L� 6/1/2016 DATE(MMIDD/YYYY) 1 916/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies 8110 E. Union Avenue Suite 700 Denver CO 80237 CONTACT NAME - PHONE FAX ac No E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC q (303) 414-6000 INSURER A: The Travelers Indemnity Company 25658 COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1-1OCCUR INSURED Kitchell CEM Inc. INSURER 8: INSURER C: 1328704 2750 Gateway Oaks, Suite 300 Sacramento, CA 95833 INSURER D; INSURER E: MED EXP (Any one person) s XXXXXXX INSURER F - COVEHAGES KITC002 CERTIFICATE NUMBER! 1IF717117151 RFVIRIAN NI IMPF:R• YYYYYYY THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADD S POLICY NUMBER POLICY EFF MM/DD/YYYY LIMBS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1-1OCCUR NOT APPLICABLE EACH OCCURRENCE s XXXXXXX PREMISES Ea occurrence $XXXXXXX MED EXP (Any one person) s XXXXXXX PERSONAL 8 ADV INJURY s XXXXXXX GEN'L AGGREGATE LIMIT APPLIES PER: POLICY D PRO JECT LOC GENERAL AGGREGATE $ XXXXXXX PRODUCTS - COMP/OP AGG $ XXXXXXX $ OTHER: A AUTOMOBILE LIABILITY N N DT8105E496169 6/1/2015 6/1/2016 Ea BINEDISING E LIMIT $ 2,000,000 accidaIR BODILY INJURY (Per person) $ XXXXXXX ANY AUTO ALL AUTOS OWNED SCHEDULED ( ) BODILY INJURY Per accident $XXXXXXX HIRED AUTOS X AUTOS ED P.rr accldenDAMAGE s XXXXXXX $XXXXXXX UMBRELLA LIAR HCLAIMS-MADE OCCUR NOT APPLICABLE EACH OCCURRENCE $XXXXXXX EXCESS LIAR AGGREGATE $ XXXXXXX DED I I RETENTION$ $ XXXXXXX I I WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBEREXCLUDED7 � NIA NOT APPLICABLE PER OTH- STATUTE ER E.L. EACH ACCIDENT $ XXXXXXX E.L. DISEASE - EA EMPLOYEE $ XXXXXXX (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ XXXXXXX A Hired Auto Physical Damage N N DT8105E496169 6/1/2015 6/1/2016 Comp. Ded. $1,000 Coll. Ded. $1,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: Project Management and Pre -Construction Services. CERTIFICATE HOLDER r ANr`1=1 I ATIr%K1 13670053 Citi of San Rafeal SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1400 Fifth Avenue P.O. BOX 15160 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. San Rafeal CA 94915-1560 AUTHORIZED REPRES AT VE / G , ar�r l r� ACORD 25 (2014/01) ©1988-2014 ACORD CORPOMATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department Date 1 City Attorney Review, revise, and comment on draft agreement. 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed i2�) originals from contractor. l 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City' Ordinance*). 4 City Attorney Review and approve form of agreement; 912_1Y11.5 bonds, and insurance cea,1nd. endorsements*1W 5 City Manager / Mayor / or Agreement executed by Couificil au rized Department Head official. 6 City Clerk City Clerk attests signatures, retains original agreement and forwards copies to the 4_1 lg• contracting department. To be completed by Contracting Department: Project Manager: iYSG� �.��_Project Name: ` f S-A Agendized for City Council Meeting of (if necessary): 2 FPPC: ❑ , check if required If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 10/6/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ACIG Insurance Agency, Inc. 2600 N. Central Expwy. Suite 800 Richardson, TX 7508Q www.acig.com INSURED Kitchell CEM, Inc. 2750 Gateway Oaks, Suite 300 Sacramento CA 95833 COVERAGES CERTIFICATE NUMBER: 26832213 • THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. "NSR.T ...... ADOL BR POLICY EFF �,^....POLICY�EXP '.,....... .... ........... ..... ........, ... LTR TYPE OF INSURANCE POLICY NUMBER MM/DDIYYYY MMIDD/YYYY LIMITS A �/ COMMERCIAL GENERAL LIABILITY GL15PA0002 6/1/2015 6/1/2018 EACH OCCURRENCE s 1,000,000 A GL15PB0002 (GL XS) 6/1/2015 I 6/1/2018 DAMAGE TO RENTED 100,000 CLAIMS -MADE ✓ OCCUR A GL15PC0002 (GL XS) 6/1/2015 PREMISES„LEaoccurrence�, 5 6/1/2018 . ., ......... _. ..... ..__.. - '.� MED EXP (Any one person) 5 .... ...... ... . ..... ...... 5,000 y I I PERSONAL BADV INJURY S 1,000,000 NT AGGREGATE LIMIT APPLIES PER i GENERAL AGGREGATE S _ 2, 00 0,0 00 ' POLICY ✓ JECOT I Loc PRODUCTS - COMP/OP AGG t S 2,000,000 OTHER, I S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S Ea 9cce0ent1 ANY AUTO BODILY INJURY (Per person) $ ALL OWNED .; SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) S NON -OWNED �_�� PROPERTY DAMAGE S HIRED AUTOS AUTOS { ,eraccidenl d IS UMBRELLA LIAROCCUR - !. EACH OCCURRENCE S ..._._..... _ EXCESS LI CLAIMS -MADE I � } AGGREGATE I S ' r .*..... ARETENTION5 � j „ DED $ B WORKERS COMPENSATION ✓ I AND EMPLOYERS' LIABILITY Y / N WCA000006815 6/1 /2015 ✓ SPER TATUTE OTH- 6/1 /2016 I - ”" --- ,, ER . _. . ANY PROPRIETOR/PARTNER/EXECUTIVE ';. E.L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? � N / A (Mandatory In NH) -"" ' ' - AAAC E„L DISEASE EA EMPLOYE $ - 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below I .......... . _ ....,..- . .. .,. E.L. DISEASE POLICY LIMIT $ ,..._ ... ..._, 1,000,000 i DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Re: Public Safety Center/Fire Station 51, Fire Station 52/Fire Training Center and Fire Station 57 Certificate Holder is included as Additional Insured and Waivers of Subrogation apply, per endorsements attached. City of San Rafael P.O. Box 151560 San Rafael CA 94915-1560 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE l Michael J. O'Neill ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 2683221A V 15/16 15PA GL5/5 WC Retro Cel AZ NV � 13,kyRar Ramanes p 10/6' 2t1Mi 1. 102 43 PM Q; DTb 0 Page= 1. of 4 This cert: ficate cancels and supersedes.; ALI, pre,, ,xuily issued cea Lificates. ADDITIONAL INSURED - AUTOMATIC STATUS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Any person or organization that you are required by contract to include as an additional insured on this policy if the contract is executed prior to the loss. A. Who is an Insured (Section II) is amended to include as an insured any person or organization shown in the above SCHEDULE (called additional insured), but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of your premises or your operations for the additional insured. B. The insurance provided to the additional insured is subject to the following limitations: 1. Unless required by written contract, this insurance does not apply to "bodily injury" or "property damage" occurring after "your work" for the additional insured has been completed or after that portion of "your work" out of which the "bodily injury" or "property damage" arises has been put to its intended use by any person or organization. 2. Unless required by written contract, this insurance does not apply to "bodily injury" or "property damage" arising out of the sole negligence, act or omission of the additional insured. 3. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" for which the additional insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement except to the extent that the additional insured would have been obligated to pay such damages in the absence of the contract or agreement. 4. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional services by any insured, including: a) The preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or, b) Supervisory, inspection or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured 5. This endorsement shall not apply to a person or organization if any other additional insured endorsement attached to this policy specifically applies to that person or organization. 6. The insurance afforded herein only applies to the extent permitted by applicable state law, including statutes governing additional insured coverage in the construction industry. This insurance shall not exceed the scope of coverage, including limits, of this policy and in no event shall the insurance provided to the additional insured exceed the scope of coverage, including limits, required by the contract. If a written contract or agreement requires that additional insured status be provided by the use of specified edition dates of the ISO CG2010 and/or CG2037, then the terms of that endorsement are incorporated into this endorsement as respects such additional insured and shall supersede the coverage grant and limitations in Sections A. and B. of this endorsement. In the event that CG2010 and/or CG2037 are required but no edition dates are specified, the 04/13 editions shall apply. D. This insurance is excess to any other insurance, whether primary, excess, contingent or on any other basis, available to the additional insured unless a written contract requires that this insurance be primary or primary and non-contributing. However, this insurance is always excess to other insurance, whether primary, excess, contingent or on any other basis, when the additional insured has been added to the other insurance as an additional insured. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the mentioned Policy, other than as above stated. 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: Same as policy effective date unless otherwise indicated above. Policy Effective: 6/1/2015 Insured: Kitchell CEM, Inc. Policy No.: GL15PA0002 Insurance Company: American Contractors Insurance Co, RRG Countersigned By I26Hr 22 1.:'d I 7 ,/16 1 '5V A M5 !Ir WIC 1altaro 01, .o N': r1Y. xx Ponmim 7ci /4ll/„1171 , 11.1. C7;n d PM Ic:'i,", ) I'Mn , i,,WTti.11. c,lle cw,c,.l, .....i .o,per.ld, , ALL 7;., r„c TLy ri,,,od r:? t,ri,'at'rcd .� Endorsement No.: Premium $ 829 3.36 NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE - CERTIFICATE HOLDERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The certificate of insurance holders shown in the schedule below have requested that they receive written notice of cancellation, nonrenewal or material change with respect to this policy. If we decide to cancel, nonrenew or make a material change to this policy, we agree to mail or deliver sixty (60) days advance written notice to the certificate of insurance holders shown in the schedule below. However, if we are cancelling or nonrenewing due to nonpayment of premium, we will only provide the certificate of insurance holders shown in the schedule below with ten (10) days advance written notice. The notice of cancellation, nonrenewal or material change will be mailed to the addresses provided to us by the certificate of insurance issuer. Proof of mailing will be considered sufficient proof of our good faith attempt to provide notice of cancellation, nonrenewal or material change to the certificate of insurance holders shown in the schedule below. SCHEDULE All certificate of insurance holders where written notice of cancellation, nonrenewal or material change to this policy is required by written contract, permit or agreement with the Named Insured. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the mentioned Policy, other than as above stated. 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: Same as policy effective date unless otherwise indicated above. Policy Effective Date: 6/1/2015 Policy No.: GL15PA0002 Endorsement No.: Insured: Kitchell CEM, Inc. Insurance Company: American Contractors Insurance Co RRG Countersigned By 26UM3 p 15/16 15PA G1,515 WC Retro CA n: NV 0 ➢?vr¢rinees ( 20/6/2015 ]L:IU,ns Rd 020M ( cage a of 4 ° hiS cey.ti.fi.Ca4.e cancels and supe*tt:aeda.s ALL previously i.,,.tuLd ce:rtrif: .ca7:.es Premium $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) 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.) 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 such remuneration. Person or Organization Whomever the named insured is required by written contract executed prior to loss to waive rights of recovery against. * No Additional Premium to be applied ' % of the California workers' compensation premium otherwise due on 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: Same as Policy Effective Date unless otherwise indicated above. Policy Effective Date: 6/1/2015 Insured Kitchell CEM, Inc. Policy No. WCA000006815 Endorsement No. Premium $ Carrier Name/Code: ACIG Insurance Company Countersigned by WC 04 03 06 (Ed. 04-84) 'd t7N I" 1 { !16 N 5 F GL5 I 11 i o CA Ad 1 u,a:' pim',005 10 + 01 I 1.1 11 411 1 Y17T { Page Y oi! 4 f"krr. mrtitt aru caI:I "rid sur i^,r,,firv. ,U art i U. fir 7,,ar d r. ruiLif� Cal,;.es -, ® �►�� o CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY( DOCUMENT WITH RESPECT TO WHICH THIS 9/16/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ACIG Insurance Agency, Inc. CONTACT NAME: ........ 2600 N. Central Expwy. Suite 800 _W_C •E=tl'. s72 -7o2 -s1111111 oo4 _ i/uc Noy 972-687-0604 . Richardson, TX 75080 ,ADDRESS;, accountmanagers(70 acig.com r . i INSURER(s) AFFORDING COVERAGE NAIC # www.acig.com mm ..-. ,,,,..... ......, ._... .,.,... ....... . . ..... INSURER A INSURED INSURER B : Kitchell CEM, Inc. GENERAL AGGREGATE S I - _ . _ ., .. 2750 Gateway Oaks, Suite 300 wsuRERc: Sacramento CA 95833 INsuRER o AUTOMOBILE LIABILITY INSURER ,E : ANY AUTO INSURER F : Steadfast Insurance Company 26387 COVERAGES CERTIFICATE NUMBER: 26422724 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .. .............. ....., ...,,,,, .. 7......_ _ ...._ INSR ADDL S BR POLICY EFF POLICY EXP q_ ....., ...... .. ....., .,,,,... ........ LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MMIDD/YYYY MMIDDIYYYY COMMERCIAL GENERAL LIABILITY j '... EACH OCCURRENCE s � � ' I._..� O _ AGET CLAIMS -MADE i. OCCUR PREMIjERENTED I a nccurrencel p ? .. _ r . i MED EXP (Any one personp �$ � PERSONAL & ADV INJURY s GEN'L AGGREGATE LIMIT APPLIES: ' 1 GENERAL AGGREGATE S I - _ . _ ., .. � .. PRO- � ®C POLICY .JECT I PRODUCCOMP/OP AGG S OTHER' is AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S JEa accident] ANY AUTO BODILY INJURY (Per person) t $ ALL OWNED SCHEDULED .. BODILY INJURY (Per accident) S _ AUTOS AUTOSNON-OWNED ( '� t -- AMAGE s j ROra 4 HIRED AUTOS AUTOS ..' I cFdent5 .1 . _ {- - — t ; S UMBRELLA LIABY OCCUR EACH OCCURRENCE S .... ... .,..,y �........ ......... EXCESS LIAB CLAIM11111­11S-MADE' AGGREGATE, . .. I DED ' ' RETENTIONS S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY I OT - L STATUTE , ERH ...... ....... Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ _ _ OFFICER/MEMBER EXCLUDED'? DNIA _ (Mandatory In NH) E.P. DISEASE -EA EMPLOYEE S _..., Ityes,descnbeunder DESCRIPTION OF OPERATIONS below E, L. DISEASE -POLICY LIMIT S F Contractor Professional Liability EOC 3999322-07 6/1/2015 6/1/2016 Per Claim $2,000,000 J *Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Re: Public Safety Center/Fire Station 51, Fire Station 52/Fire Training Center and Fire Station 57 Professional/Pollution *Aggregate limit is total insurance available for all claims presented within the policy period for operations of insured. Limit will be reduced by payments of indemnity and/or expenses. CERT!MCATE HOLDER DER CANCELLATION San Rafael City of San Rafael P.O. Box 151560 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. San Rafael CA 94915-1560 AUTHORIZED REPRESENTATIVE Michael J. O'Neill ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 26422724 I' 15/1= PL 2/2 Sky1aar Iamnrrra��s 0 9/163120/5 3n10A'r. 2na (CMT% � Page 'r. of 'it This cer.tificaate caan e:I.T; and Sani,.a..zJ¢.^.des ArA, previously i.,n„uEKc cortif,.c:eates ACC) 0r CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 6/1/2016 916/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies 8110 E. Union Avenue Suite 700A/c Denver CO 80237 CONTACT PHONE FAX No : EMAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC u (303) 414-6000 INSURER A: The Travelers Indemnit Company 25658 NOT APPLICABLE INSURED Kitchell CEM Inc. 1328704 INSURER B: 2750 GatewayOaks Suite 300 � Sacramento, CA 95833 INSURER C INSURER D; INSURER E: INSURER F: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR I TYPE OF INSURANCE _A1_DT I R POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 7OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX DAl PREMISES Ea occurrence $ XXXXXXX MED EXP (Any oneperson) $ XXXXXXX _................... .._....................... _......_...._.._.............._........... _.......__................. _... PERSONAL & ADV INJURY $ XXXXXXX GEN°L AGGREGATE LIMIT APPLIES PER: HPOLICYJEST � LOC GENERAL AGGREGATE $ XXXXXXX PRODUCTS - COMP/OP AGG $ XXXXXXX OTHER: 1 $ A AUTOMOBILE LIABILITY N N DT8105E496169 6/1/2015 6/1/2016 COEa aBINEDcide ISINGLE LIMIT $ 2,000,000 X X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOSX NAUTOS ON -OWNED BODILY INJURY (Per parson) $ XXXXXXX BODILY INJURY (Per accident) $ YMXXXX PROPERTY DAMAGE $XXXXXXX Per accident $XXXXXXX UMBRELLA LIAB Ld OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX EXCESS LIAR CLAIMS -MADE AGGREGATE $ XXXXXXX DED I I RETENTION $ XXXXXXX WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? � N / A NOT APPLICABLE STATUTE ER E.L. EACH ACCIDENT $XXXXXXX E.L. DISEASE - EA EMPLOYEE $ XXXXXXX (Mandatory In NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ XXXXXXX DESCRIPTK)N OF OPERATIONS below A Hired Auto Physical Damage N N DT8105E496169 6/1/2015 6/1/2016 Comp. Ded. $1,000 Coll. Ded. $1,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Addlllonal Remarks Schedule, may be attached If more space Is required) RE: Project Management and Pre -Construction Services. VGr1I iriVA1 C MULUMN PAK11%01 l ATIAwI 13670053 Citi of San Rafeal SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1400 Fifth Avenue THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P.O. Box 15160 ACCORDANCE WITH THE POLICY PROVISIONS. San Rafeal CA 94915-1560 AUTHORIZED REPRES711AyVE 6ele 9.*&.IV/ U 1985-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval by the City Council. Save staff report (including this cover sheet) along with all related attachments in the Team Drive (T:) 4 CITY COUNCIL AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT - AGENDA TOPIC] Agenda Item # °;x.c U Date of Meeting: 9/21/2015 From: Rebecca Woodbury Department: City Manager's Office Date: 9/11/2015 Topic: Project and construction management services for public safety facilities in San Rafael Subject: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH KITCHELL CEM INC. FOR PROJECT AND CONSTRUCTION MANAGEMENT SERVICES FOR THE PHASE 1 PROJECTS (PUBLIC SAFETY CENTER, FIRE STATION 52 CENTER, AND FIRE STATION 57) OF THE ESSENTIAL FACILITIES STRATEGIC PLAN Type: ® Resolution ❑ Ordinance ® Professional Services Agreement ❑ Other: APPROVALS ® Finance Director Remarks: approved with minor edits - MM 9/13/15 ® City Attorney Remarks: LG -Approved 9/15/15 with minor change to resolution. ® Author, review and accept City Attorney / Finance changes Remarks: �ACity Manager