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PW Public Safety Center Construction Bid Award
____________________________________________________________________________________ FOR CITY CLERK ONLY File No.: 4-1-718 Council Meeting: 12/18/2017 Disposition: Resolution 14446 Agenda Item No: 9.b Meeting Date: December 18, 2017 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: Bill Guerin, Director of Public Works City Manager Approval: _______ File No.: 06.01.232 & 06.01.233 TOPIC: CITY OF SAN RAFAEL ESSENTIAL FACILITIES CONSTRUCTION PROJECT – PUBLIC SAFETY CENTER SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONSTRUCTION CONTRACT TO ALTEN CONSTRUCTION, INC. FOR THE CITY OF SAN RAFAEL ESSENTIAL FACILITIES CONSTRUCTION PROJECT – PUBLIC SAFETY CENTER - IN THE AMOUNT OF $34,978,000, AND AUTHORIZE STAFF TO USE UP TO $1,749,000 FOR CONTINGENCIES FOR A TOTAL NOT TO EXCEED AMOUNT OF $36,727,000. RECOMMENDATION: Adopt the resolution authorizing the City Manager to award the construction contract to Alten Construction, Inc. BACKGROUND: The City hired Mary McGrath Architects and Kitchell Construction Management in 2014 to design and manage the construction of the City’s Essential Facilities program consisting of two new fire stations, a new Public Safety Center, and improvements to multiple other essential facilities within the City. Since that time, staff has made significant progress in delivering the program including the design of both Fire Stations 52 and 57, the demolition of the two existing facilities, the award of a construction contract for the two new fire stations, the completion of the design for the Public Safety Center, and demolition and clearing of the site for construction. Staff is asking the Council to approve the next step in our essential facilities program, the construction of the Public Safety Center (PSC). The site currently occupied by the existing Fire Stations 51, 1313 Fifth Street, the Parking Services Building and an adjacent public parking lot is the site for the new PSC. The design for the PSC project has been approved by the Design Review Board and the Planning Commission. The purpose of this Council Action is to award a construction contract to Alten Construction, Inc. for the construction of the new Public Safety Center (PSC). SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 ANALYSIS: The project was advertised as a “Best Value” construction procurement on August 7, 2017. Best Value is a two-step selection process whereby the proposers are first evaluated and given a numeric score based of their qualifications, firm experience, and the strength of the team being proposed. The most qualified firms are then invited to submit proposals and the firm that represents the best value to the City is determined by dividing each firm’s numeric score into their cost proposal to determine a “Cost per Unit of Quality”. Seven firms expressed interest in the project. One firm dropped out shortly after proposals were received. Through the objective evaluation process, four firms were shortlisted and were asked to provide cost proposals for the PSC. On December 8th at 11 am, bids were opened and the following bids were received and read aloud. Bid summary is as follows: BIDDER PRICE PROPOSAL Alten Construction $34,978,000 Cahill Construction $39,995,000 Lathrop Construction $37,978,000 Overaa Construction $39,993,000 The criteria used to develop the Best Value selection process requires that the quality score be divided into the price proposal to determine a Cost per Unit of Quality. The lowest Cost per Unit of Quality is determined to be the best value to San Rafael. The following chart shows the final Cost per Unit of Quality scores for each firm. BIDDER QUALITY SCORE PROPOSAL COST PER UNIT OF QUALITY Alten Construction 88.1 $34,978,000 $397,026 Cahill Construction 91.1 $39,995,000 $439,023 Lathrop Construction 87.6 $37,978,000 $433,539 Overaa Construction 89.9 $39,993,000 $444,861 Alten Construction, Inc., with a proposal in the amount of $34,978,000, is determined to be the best value to the City of San Rafael. The Department of Public Works and Kitchell have reviewed the bid documents and find them to be complete and in compliance with the contract documents. City Staff along with Kitchell recommend that the City Council authorize the City Manager to award a construction contract with Alten Construction, Inc. in the amount of $34,978,000. Staff also requests that an additional amount of $1,749,000 (five percent of the construction award amount) be authorized for use by the project team to address unforeseen conditions during construction for a total not to exceed amount of $36,727,000. The total not to exceed amount is within the overall project budget set aside for the Public Safety Center project in the strategic plan and current funding allocation. PUBLIC OUTREACH: City staff from Community Development, Public Works, the Fire Department, and the City Manager’s Office has participated in extensive public outreach to neighbors and other interested parties regarding the two projects. The Public Safety Center project was reviewed by the Design Review Board and the Planning Commission. The City Council conducted public meetings and ultimately approved the design of the PSC. The public was also contacted prior to demolition and will be noticed prior to the start of construction activities beginning early in 2018. For more information on public outreach, please see the Essential Facilities Public Input webpage which also includes the project- specific communications plan. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 FISCAL IMPACT: This project is supported by Measure E revenues in the City’s General Fund. The City is using a combination of accumulated funds and anticipated, future bond proceeds to support this contract. Funding Source Funding Source Amount Note(s) Measure E $36,727,000 Total Available Funds $36,727,000 Expenses Category-Eden Expense Code Amount Note(s) Construction-02 $34,978,000 Construction contract (Alten Construction, Inc.) Construction-02 $1,749,000 Construction contingency Total Expenses $36,727,000 OPTIONS: 1. Adopt the resolution awarding the contract to Alten Construction, Inc. in the amount of $34,978,000 and authorize staff to use contingency up to $1,749,000 for a total not to exceed amount of $36,727,000. If this option is chosen, construction will commence as soon as possible. 2. Do not award the contract and direct staff to rebid the project. If this option is chosen, rebidding will delay construction and could incur additional costs should the revised bids come in higher. ACTION REQUIRED: Adopt the resolution awarding the construction contract to Alten Construction, Inc. the amount of $34,978,000 and authorizing staff to use contingency up to $1,749,000 for a total not to exceed amount of $36,727,000. ATTACHMENTS: 1. Resolution RESOLUTION NO. 14446 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONSTRUCTION CONTRACT TO ALTEN CONSTRUCTION, INC. FOR THE CITY OF SAN RAFAEL ESSENTIAL FACILITIES CONSTRUCTION PROJECT – PUBLIC SAFETY CENTER - IN THE AMOUNT OF $34,978,000 WHEREAS, on the 8th day of December, 2017, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids or proposals for the work hereinafter mentioned, as more fully appears from the Affidavit of Publication thereof on file in the office of the City Clerk of the City of San Rafael, California, the City Clerk of said City did publicly open, examine, and declare all sealed bids or proposals for doing the following work in said City, to wit: “Essential Facilities Construction Project – Public Safety Center” City Project No. 11291-2-3 in accordance with the plans and specifications therefor on file in the office of said City Clerk; and WHEREAS, City staff has determined that the bid of $34,978,000.00 from Alten Construction, Inc. was and is the lowest and best bid for said work, and said bidder is the lowest responsible and responsive bidder for the aforementioned project; and WHEREAS, the bid specifications for the project specify that the award of the construction agreement for the project shall be based upon the Best Value to the City of San Rafael using a combination of quality ranking factors and the total proposed price; and WHEREAS, Alten Construction, Inc. was determined to represent the “best value” to San Rafael based on a combination of quality ranking factors and the total proposed price; and WHEREAS, there are sufficient funds in the Measure E- Public Safety Improvements fund to support this contract through a combination of already collected funds and bond financing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1. The bid from Alten Construction, Inc. is hereby accepted at the unit prices stated in its bid, and the agreement for Essential Facilities Construction Project – Public Safety Center, City Project No. 11291-2-3, is hereby awarded to Alten Construction, Inc. at the stated unit prices. 2. The City Manager and the City Clerk are authorized and directed to execute an agreement for the aforementioned project with Alten Construction, Inc., subject to final approval as to form by the City Attorney, in the amount of $34,978,000, and to return the bidder’s bond upon the execution of the agreement. 3. An additional amount of $1,749,000 (five percent of the construction award amount) shall be available as a contingency for the Essential Facilities Construction Project -- Public Safety Center, and the Public Works Director is authorized to use such contingency funds to authorize change orders to address unforeseen conditions during construction. 4. Funds totaling $36,727,000 (award amount of $34,978,000 and contingency of $1,749,000) will be appropriated for City Project No. 11291-2-3 from the Measure E- Public Safety Improvements. 5. The City Manager is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on the Monday, the 18th day of December, 2017 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 File No.: 4-1-718 005213 -AGREEMENT THIS AGREEMENT, dated this 19th day of December ,20~, by and between Alten Construction, Inc. [Name of Contractor] whose place of business is located at: 1141 Marina Way South, Richmond, CA 94801 [Address of Contractor] ("Contractor"), and the CITY OF SAN RAFAEL ("Owner") acting under and by virtue of the authority vested in the City of San Rafael by the laws of the State of California. WHEREAS, City of San Rafael, by its Resolution No._1_44_4_6 ______ adopted on the _1_8t_h_ day of December, 2017 ,awarded to Contractor the following contract: CITY OF SAN RAFAEL ESSENTIAL FACILITIES PROJECT - PUBLIC SAFETY CENTER NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City of San Rafael agree as follows: Article 1. Work 1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents. Article 2. City of San Rafael Representative and Construction Manager 2 .1 City of San Rafael has designated Bill Guerin, Director of Public Works will act as City of San Rafael Representative(s), who will represent City of San Rafael in performing City of San Rafael duties and responsibilities and exercising City of San Rafael rights and authorities in Contract Documents. City of San Rafael may change the individual(s) acting as City of San Rafael Representative(s), or delegate one or more specific functions to one or more specific City of San Rafael Representatives, including without limitation engineering, architectural, inspection and general administrative functions, at any time with notice and without liability to Contractor. Each City of San Rafael Representative is the beneficiary of all Contractor obligations to City of San Rafael, including without limitation, all releases and indemnities. 2.2 City of San Rafael has designated Kitchell to act as Construction Manager (CM). City of San Rafael may assign all or part of the City of San Rafael Representative 's rights, responsibilities and duties to Construction Manager. City of San Rafael may change the identity of the Construction Manager at any time with notice and without liability to Contractor. 2.3 All notices or demands to City of San Rafael under the Contract Documents shall be submitted to the City of San Rafael's Representative at: Kitchell -Jamie Milliner, Project Manager clo The City of San Rafael , 1400 Fifth Avenue, San Rafael , CA 94901 or to such other person(s) and address(es) as City of San Rafael shall provide to Contractor. City of San Rafael Essential Facilities Project- Public Safety Center AGREEMENT 00 52 13 - 1 of 5 3 .1 Article 3. Contract Time and Liquidated Damages Contract Time. ~ January, 2018 The Notice to Proceed is tentatively set to be issued in DeGember, 2ot'r. • Contractor shall immediately apply for necessary approvals and permits, prepare required documents and submittals, and mobilize personnel and equipment to commence the City of San Rafael Work within 10 calendar days from the date when the Notice to Proceed is issued. City of San Rafael reserves the right to modify or alter the Commencement Date of the Work . Contractor shall achieve Final Completion of the entire Work within 754 calendar days from the date of the Notice to Proceed. 3.2 Liguidated Damages. City of San Rafael and Contractor recognize that time is of the essence of this Agreement and that City of San Rafael will suffer financial loss in the form of contract administration expenses (such as project management and consultant expenses), if all or any part of the Work is not completed including consequential loss of use and disruption of normal operations within the times specified above, plus any extensions thereof allowed in accordance with the Contract Documents . Consistent with Article 15 and 16 of Section 00 72 13 (General Conditions), Contractor and City of San Rafael agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of actual damages incurred by City of San Rafael because of a delay in completion of all or any part of the Work. Accordingly, City of San Rafael and Contractor agree that as liquidated damages for delay, Contractor shall pay City of San Rafael. $3,000.00 (Three Thousand Dollars) per day for each calendar day that expires after the time specified herein for the Contractor to achieve Final Completion of the entire Project as indicated above and in Section 00 31 13 (Preliminary Construction Schedule). These measures of liquidated damages shall apply cumulatively and except as provided below, shall be presumed to be the damages suffered by City of San Rafael resulting from delay in completion of the Work . 3 .2 Liquidated damages for damages as a result of delays shall cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City of San Rafael as a result of delay or costs of substitute facilities. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective Work, lost revenues or damages suffered by others who then seek to recover their damages from City of San Rafael (for example, delay claims of other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof. Article 4. Contract Sum 4.1 City of San Rafael shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as follows: [ENTER FINAL CONTRACT AWARD PRICE HERE] $34,978,000 Article 5. Contractor's Representations In order to induce City of San Rafael to enter into this Agreement, Contractor makes the following representations and warranties: City of San Rafael Essential Facilities Project- Public Safety Center AGREEMENT 00 52 13 - 2 of 5 5 .1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto . 5.2 Contractor has given City of San Rafael prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and the written resolution thereof through Addenda issued by City of San Rafael is acceptable to Contractor. 5 .3 Contractor is duly organized, existing and in good standing under applicable state law, is duly qualified to conduct business in the State of California, is registered with the Department of Industrial Relations and qualified to perform public work pursuant to Section 1725.5 of the Labor Code . 5.4 Contractor has duly authorized the execution, delivery and performance of this Agreement, the other Contract Documents and the Work to be performed herein. 5.5 Contractor has listed the following Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. in Section 00430 Article 6. Contract Documents 6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto: The entirety of Division 00, including : Section 00 31 00 Geotechnical Data, Existing Conditions and Hazardous Material Surveys Section 00 51 00 Notice of Award Section 00 52 13 Agreement Section 00 55 00 Notice to Proceed Section 00 65 19 Agreement and Release of Any and All Claims Section 006536 Guarnnty Section 00 72 13 General Conditions Section 00 73 00 Special Conditions Section 00 73 16 Insurance Section 00 91 13 Addenda The entirety of Specification Division 01 through Division 33, including: Drawings dated September 13, 2017 and Specifications as attached and referred. 6.2 The Contract Documents may only be amended, modified or supplemented as provided in Section 0072 13 (General Conditions). Article 7. Miscellaneous 7.1 Terms used in this Agreement are defined in Section 00 72 13 (General Conditions) and Section 01 4200 (References) and will have the meaning indicated therein. 7.2 It is understood and agreed that in no instance are the persons signing this Agreement for or on behalf of City of San Rafael or acting as an employee, agent, or representative of City of San Rafael, liable on this Agreement or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City of San Rafael is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. City of San Rafael Essential Facilities Project - Public Safety Center AGREEMENT 00 52 13 - 3 of 5 7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code §4100 et seq . 7.4 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights , title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S .C. §15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. Th is assignment shall be made and become effective at the time City of San Rafael tenders final payment to Contractor, without further acknowledgment by the parties. 7.5 Copies of the general prevailing rates of per diem wages for each craft , classification , or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are deemed included in the Contract Documents by reference and on file at City of San Rafael office, and shall be made available to any interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents . 7.6 Contractor and each of Contractor's subcontractors agree to complete and verify construction reports on a form prescribed by the Division of the State Architect and to file the reports no less than quarterly during construction as required by Title 24; at the completion of the Work ; at the suspension of work for a period of more than one month; whenever the services of Contractor or any of Contractor's subcontractors are terminated for any reason ; and at any time a special verified report is required by the Division of the State Architect. 7.7 Should any part, term or provision of this Agreement or any of the Contract Documents, or any document required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts , terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived, they are hereby waived to the end that this Agreement and the Contract Documents may be deemed valid and binding agreements, enforceable in accordance with the ir terms to the greatest extent permitted by applicable law . In the event any provision not otherwise included in the Contract Documents is required to be included by any applicable law, that provision is deemed included herein by this reference (or, if such provision is required to be included in any particular portion of the Contract Documents , that provision is deemed included in that portion). 7.8 This Agreement and the Contract Documents shall be deemed to have been entered into in the County of Marin, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in Marin County . Both parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action or proceeding arising out of the Contract Documents to another venue . City of San Rafael Essential Facilities Project - Public Safety Center AGREEMENT 00 52 13 - 4 of 5 IN WITNESS WHEREOF the parties have executed this Agreement in quadruplicate the day and year first above written. OWNER: CITY OF SAN RAFAEL By ~~~~ Jim chu ,City Mana r Attest: Esther C Beirne, City Clerk City of San Rafael Essential Facilities Project - Public Safety Center CONTRACTOR: Alten Construction, Inc. Shannon M. Alten, Vice President ..., Title -END OF SECTION- AGREEMENT 00 52 13 - 5 of 5 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Bill Guerin Extension: 3110 Contractor Name: Alten Construction (Essential Facilities Project-Public Safety Center) Contractor's Contact: Shannon Alten Contact's Email: salten@altenconstruction.com o FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION DEPARTMENT 1 Project Manager a. Email PINS Introductory Notice to Contractor b. Email contract (in Word) & attachments to City Atty c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement and return to Project Manager b . Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Project Manager Forward three (3) originals of final agreement to contractor for their signature 4 Project Manager When necessary, * contractor-signed agreement agendized for Council approval ·PSA > $20,000; or Purchase> $35,000; or Public Works Contract> $125,000 Date of Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed agreement 7 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) 8 City Manager / Mayor Agreement executed by Council authorized official 9 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager COMPLETED DATE N/A Click here to enter a date. Click here to enter a date . C lI ck here to enter a date . Cli ck here to enter a date D N/A Or Cli ck here to enter a date 1/3/18 L/5"hq, ,lsJI ~ J ~J-fr /,...g,. ,g- REVIEWER Check/Initial IZI 0 D -- D D D ~ ~~ ~ ~ 1 CONSTRUCTION '~/rvCE \9')') VIA HAND DELIVERY January 2, 2018 Jamie Milliner, Project Manager Kitchell Construction Management c/o City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 RE: CITY OF SAN RAFAEL ESSENTIAL FACILITIES PROJECT -PUBLIC SAFETY CENTER DOCUMENTS REQUIRED IN NOTICE OF AWARD DATED 12/19/17 Dear Jamie: Enclosed, please find the following documents as required by the Notice of Award by January 3, 2018: 1) 0052 13 Agreement -two signed originals 2) 006113 Performance Bond & 00 6116 Construction Labor & Material Payment Bonds -one signed original of each 3) 006536 Guaranty -two signed originals 4) Insurance Cert (GL, Auto, Excess, We) -one original 5) Insurance Cert (Pollution) -one original 6) Insurance Cert (Builder's Risk) -one original 7) City of San Rafael Change Order No. 001-one signed original Please let us ~now it Vrj nvth i ng tu rther or have a nv questio ns a bout the enclosed. Tha n k you I Sincerel// ~_;V!~r-- Karin M . Romeo Ext. 26/ kromeo@altenconstruction.com BID COORDINATOR 1141 Marina Way South Richmond CA 94804 I 2nd Office: 8055 Collins Dr Suite 208 Oakland CA 94621 P 510.234.4200 I F 510.234.4402 I Lic 705713 A B , ALTEN 1 CONSTRUC TION January 3, 2018 Jamie Milliner, Project Manager Kitchell Construction Management c/o City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 RE: PROOF OF DELIVERY CITY OF SAN RAFAEL ESSENTIAL FACILITIES PROJECT -PUBLIC SAFETY CENTER DOCUMENTS REQUIRED IN NOTICE OF AWARD DATED 12/19/17 1(/ '/," , .. ,l A41 ( /.['k) By signing below, a Representative of the City of San Rafael acknowledges that he or she received a package referencing the above noted Documents from Alten Construction by the deadline noted in the Notice of Award of 1/3/18 by 5:00 PM . Thank you! Signature J~ t{aYK. Print Name Jnt(Jn IKifCltt11 I Title Date it. Time 1141 Marina Way South Richmond CA 94804 I 2nd Office: 8055 Collins Dr Suite 208 Oakland CA 94621 P 510.234.4200 I F 510.234.4402 I Lic 705713 A B ACORD TM CERTIFICATE OF LIABILITY INSURANCE I Date (MM/DDIYR) 12128/17 THIS CERTIFICATE IS ISSUED AS A MAnER 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 require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Heffernan Insurance Brokers NAME: PHONE I FAX 101 Second Street; Suite 120 (NC,No,Ext): 707-781-3400 (NC,No): 707 -781-0800 Petaluma, CA 94952 EMAIL CA License# 0564249 ADDRESS : INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Indian Harbor Insurance Company 36940 Alten Construction, Inc. INSURER B: 1141 Marina Way South INSURER C: Richmond, CA 94804 ... INSURER D: INSURER E: '" INSURER F: COVERAGES CERTIFICATE NUMBER' REVISION NUMBER' THIS IS TO CERTIFY THAT 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 TYPE OF INSURANCE ADDL SUBR PO LI CY NUMBER POLICYEFF POLlCYEXP LIMI TS LTR INSR WVD (MMlDDIYYYY) (MMlDDIYYYY) GENERAL L LIABILITY EACH OCCURRENCE -DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES (Ea ouuITenee) -D OCCUR CLA IMS·MADE MED EXP (Anyone person) -PERSONAL & ADV INJURY GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS • COMPIOP AGG h POLICY n PROJECT n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT I--(Ea accident ) ANY AUTO BODILY INJURY (Per person) I---SCHEDULED ALL OWNED AUTOS AUTOS BODil Y INJURY (Per accidenl) HIRED AUTOS NoN.QWNED PROPERTY DAMAGE AUTOS (Per acddenl) -- UMBRELLA LlAB OCCUR EACH OCCURRENCE ~ - EXCESS LlAB CLAIMS-MADE AGGREGATE OED I I RETENTION NIL WORKERS COMPENSATION x I WCSTATU· I I ~~H'l AND EMPLOYERS' LIABILITY YIN TORY LIMITS ANY PRoPRIETORIPARTNERlEXECUTIVE/ G E L EACH ACCIDENT OFFICER/MEMBER EXCLUDED? NIA (Mandalory In N H ) E L DISEASE· EA EMPLOYEE If yes. describe under DESCRIPTION OF OPERATIONS below E L DISEASE· POLICY LIMIT POLLUTION PEC003198807 06101117 06101118 Each Poll Condition 1 Agg 55.000.000 A Each Act. Error or Omission I 55.000,000 PROFESSIONAL LIABILITY PEC003198807 06/01117 06/01/18 Agg DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule. If more space Is required) Re : Job #201803, City of San Rafael Essential Facilities Project, Public Safety Center, 1375 Fifth Avenue, San Rafael, CA 94901. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH City of San Rafael THE POLICY PROVISIONS. c/o Jamie Milliner AUTHORIZED REPRESENTATIVE 1400 Fifth Avenue ;fJl~ San Rafael, CA 94901 ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ©1-8-2010 ACORD CORPORATION. All rights reserved. ---""" I Dale (MMlDDIYYY) ACORD EVIDENCE OF PROPERTY INSURANCE I....--12/2B/2017 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSITITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. PRODUCER NAME, CONTACT, PERSON I Phone (AlC, No, Ext): COMPANY NAME AND ADDRESS I NAIC NO: AND ADDRESS 707-781-3400 20443 Heffernan Insurance Brokers CDntinental Casualty Insurance Company 101 Second Street, #120 Petaluma , CA 94952 CA License# 0564249 FAX (N e,No): I E·MAIL ADDRESS: IF MULTIPLE COMPANIES, COMPLETE SEPARATE FORM FOR EACH 213-il23-13BB CODE : I SUB CODE: POLICY TYPE: AGENCY CUSTOMER 10#: BUILDERS RISK NAMED INSURED AND ADDRESS LOAN NUMBER POLICY NUMBER 2090343814 Alten Construction , Inc. 1141 Marina Way South EFFECTIVE DATE EXPIRATION DATE CONTINUED Richmond , CA 94804 UNTIL n TERMINATED IF 6/01/2017 06/01/2019 CHECKED PROPERTY INFORMATION LOCATION/DESCRIPTION City of San Rafael Essential Facilities Project, Public Safety Center, 1375 Fifth Avenue, San Rafael, CA 94901. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL OF THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COVERAGE INFORMATION COVERAGE/PERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE Builders Risk Limit $3,4978,000 $10,000 Earthquake $1,748,900 5% (subject to $100k minimum) REMARKS (Including Special Conditions) Re: Job #201803. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . ADDITIONAL INTEREST NAME AND ADDRESS H MORTGAGEE H ADDITIONAL INSURED LOSS PAYEE LOAN # City of San Rafael clo Jamie Milliner 1400 Fifth Avenue San Rafael, CA 94901 AUTHORIZED REPRESENTATIVE $l~ ACORD 27 (2009/12) The ACORD name and logo are registered marks of ACORD © 2003-2009 ACORD CORPORATION. All nghts reserved . ACORD TM CERTIFICATE OF LIABILITY INSURANCE I Date (MM/DDIYR) 12128/17 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 require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Heffernan Insurance Brokers NAME: PHONE I FAX 101 Second Street, Suite 120 (NC,No,Ext): 707·781·3400 (NC,No): 707·781·0800 Petaluma, CA 94952 EMAIL CA License# 0564249 ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: National Fire Insurance Company of Hartford 20478 Alten Construction, Inc. INSURER B: Continental Casualty Company 20443 1141 Marina Way South INSURER C: Navigators Specialty Insurance Company 36056 INSURER D: Everest National Insurance Company 10120 Richmond, CA 94804 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER-REVISION NUMBER' THIS IS TO CERTIFY THAT 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER PO LI CYEFF POLlCYEXP LIMITS LTR INSR WVD (MMlDDIYYYY ) (MMlDDIYYYY) GENERAL L LIABILITY EACH OCCURRENCE Sl,OOO,OOO I--DAMAGE TO RENTED A X COMMERCIAL GENERAL LIABILITY X x 6024385415 6/01/17 6/01/18 PREMISES (Ea occurrence) S300,000 I--G OCCUR CLAIMS-MADE MED EXP (Anyone person) S10,000 r- PERSONAL & ADV INJURY Sl,OOO,OOO GENERAL AGGREGATE S2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS • COMPIOP AGG S2,000,000 h POLICY !Xl PROJECT n LaC B AUTOMOBILE LIABILITY X x 6024385396 6/01/17 6/01/18 COMB INED SINGLE LIMIT 51,000,000 (Ea accldenl) r- x ANY AUTO BODILY INJURY (Per person) 5 r--SCHEDULED ALL OWNED AUTOS AUTOS BODILY INJURY (Per accidenl) 5 HIRED AUTOS NON·OWNED PROPERTY OAMAGE 5 AUTOS (Per accldenl) r-- C UMBRELLA LIAB 2-OCCUR SF17EXC7307361C 6/01/17 6/01/18 EACH OCCURRENCE 510,000,000 r- x EXCESS LlAB CLAIMS-MADE AGGREGATE 510.000,000 OED I x I RETENTION NIL WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN x I WCSTATU- TORY LIMITS I I ~~H-I ANY PROPRIETORlPARTNERlEXECUT/VEI G E L. EACH ACCIDENT $1,000,000 0 OFFICER/MEMBER EXCLUDED? NJA x 7600016809171 10101/17 10101/18 (Mandalory in N H ) E L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E L DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Re: Job #201803, City of San Rafael Essential Facilities Project, Public Safety Center, 1375 Fifth Avenue, San Rafael, CA 9490 I. City of San Rafael, its officers, agents, employees and volunteers; The State of Calif ami a; Construction Manager(s); Kitchell Jamie Milliner, Sr. (Project Manager); Inspector(s) and Mary McGrath Architects are included as an additional insured (and primary) on General Liability and Automobile Liability policies per the attached endorsements, if required. Completed operations endorsement for the General Liability policy is attached, if required. Waivers of Subrogation are included on General Liability, Automobile Liability and Workers Compensation policies per the attached endorsements, if required. Cancellation notices for General Liability and Automobile Liability policies are attached, if required. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH City of San Rafael THE POLICY PROVISIONS . c/o Jamie Milliner AUTHORIZED REPRESENTATIVE 1400 Fifth Avenue $l~ San Rafael, CA 9490 I ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ©1-8·2010 ACORD CORPORATION. All rights reserved . C'MA Blanket Additional Insured -Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the foDowing : COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured is required by written contract to add as an additional insured on this coverage part, including any such person or organization, if any, specifically set forth on the Schedule attachment to this endorsement However, such person or organization is an Insured only with respect to such person or organization 's liability for: A. unless paragraph B. below applies, 1. bodily injury, property damage, or personal and advertising injury caused in whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named Insured's ongoing operations as specified in such written contract; or 2. bodily injury or property damage caused 10 whole or in part by your work and included in the products-completed operations hazard, and only if a. the written contract requires the Named Insured to provide the additional insured such coverage ; and b. this coverage part provides such coverage . B. bodily injury, property damage, or personal and advertising injury arising out of your work described in such written contract, but only if: 1. this coverage part provides coverage for bodily injury or property damage included within the products completed operations hazard; and 2. the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037 . II. Subject always to the terms and conditions of this policy, induding the limits of insurance , the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. III. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out ot A. the rendering of, or the failure to render, any professional architectural , engineering , or surveying services, including : 1. the preparing . approving, or failing to prepare or approve maps , shop drawings , opinions , reports, surveys , field orders, change orders or drawings and specifications ; and 2. supervisory , inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis . However, if this insurance CNA75079XX (1-15) Page 1 of2 Insured Name: Alten Construction, Inc. Policy No : 6024385415 Endorsement No: Effective Date : 06/01/2017 Copyright CNA All Rights Reserved . Includes roP'Jrlgh1ed mateml d Insurance SelVlces Office , Inc . oMth its pennission C'NA Blanket Additional Insured -Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement is required by written contract to be plimary and non-contributory. this insurance will be primary and non- contributory relative solely to insurance on which the additional insured is a named insured. V. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows : The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement wiD as soon as practicable: 1. give the Insurer wlitten notice of any claim, or any occurrence or offense which may result in a claim ; 2. except as provided in Paragraph IV. of this endorsement, agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3. send the Insurer copies of all legal papers received, and otheJWise cooperate with the Insurer in the investigation , defense, or settlement of the claim; and 4. tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an adamonal insured under this endorsement until the Insurer receives wlitten notice of a claim from the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a wlitten contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement A. is currently in effect or becomes effective during the term of this policy; and B. was executed plior to: 1. the bodily injury or property damage, or 2. the offense that caused the personal and advertising injury for which the additional insured seeks coverage Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (1-15) Page 20f2 Insured Name: Alten Construction, Inc. Policy No: 6024385415 Endorsement No: Effective Date: 06/01/2017 CopyJight CNA All Rights Reserved. Includes coP'JTi9hted materol of Insur.lnce Services Office. Inc _. Ydth its pennission C'NA Alten Construction, Inc. Policy #6024385396 Effective 06/0112106 CNA63359XX (Ed . 04/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT -BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following : BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form ; provided that, b. The insurance afforded by this provision A. 1. does not apply to any such entity that is an "insured" under any other liability "policy" providing -auto· coverage . 2. Any organization you newly acquire or fonn , other than a limited liability company, partnership or joint venture , and over which you maintain majority ownership interest The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) "Bodily injury" or "property damage" caused by an "accident" that occurred before you acquired or formed the organization ; or (2) Any such organization that is an "insured" under any other liability "policy" providing "auto" coverage . 3. Any person or organization that you are required by a written contract to name as an additional insured is an "insured" but only with respect to their legal liability for acts or omissions of a person, who qualifies as an "insured" under Section II -Who Is An Insured and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission , while performing duties related to the conduct of your business. "Policy," as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but 1. Which are no longer in force; or 2. Whose limits have been exhausted . B. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows: 1. In 01.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and 2. In 01.(4), the limit for the loss of earnings is changed from $250 to $500 a day. C. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C . is excess over any other collectIble insurance . II. PHYSICAL DAMAGE COVERAGE A. Glass Breakage -Hitting A Bird Or Animal - Falling Objects Or Missiles The following is added to Section III. Paragraph A.3.: With respect to any covered "auto," any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced B. Transportation Expenses Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide : a. 560 per day, in lieu of $20; subject to b. 51,800 maximum, in lieu of $600 . CNA63359XX (Ed . 04112) CoP'JTi!jlt, CNA CoIJlOf3lion . 2000 Page 1 of3 Includes copyrighted material of the Insurance Servlces omce used v,ith its permission . C'NA C. Loss of Use Expenses Section III, Paragraph A.4.b. is revised , with respect to loss of use expenses incurred by you , to provide : a. $1 ,000 maximum, in lieu of$600 . D. Hired "Autos" The following is added to Section III. Paragraph A : 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos , then Physical Damage coverage is extended to : a. Any covered "auto" you lease , hire, rent or borrow without a driver; and b. Any covered "auto" hired or rented by your "employee" without a driver, under a contract in that imfJViduai "employee's" name, with your permission, wh~e performing duties related to the conduct of your business. c. The most we will pay for anyone "accident" or "loss" is the actual cash value, cost of repair, cost of replacement or $75 ,000 , whichever is less, minus a $500 deductible for each covered auto . No deductible applies to "loss" caused by fire or lightning . d. The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s} provided on your owned "autos.· e. Such physical damage coverage for hired "autos" will : (1) Include loss of use, provided it is the consequence of an "accidenr for which the Named Insured is legally liable , and as a result of which a monetary loss is sustained by the leasing or rental concern . (2) Such coverage as is provided by this provision will be subject to a limit of $750 per "accident" E. Airbag Coverage The following is added to Section III, Paragraph B.3.: The accidental discharge of an airbag shall not be considered mechanical breakdown F. Electronic Equipment CNA63359XX (Ed. 04/12) Section III, Paragraphs B.4.c and B.4.d . are deleted and replaced by the following : c. Physical Damage Coverage on a covered "auto" also applies to "loss" to any permanently installed electronic equipment including its antennas and other accessories . d . A $100 per occurrence deductible applies to the coverage provided by this provision . G. Diminution In Value The following is added to Section III, Paragraph B.6.: Subject to the following , the "diminution in value" exclusion does not apply to : a. Any covered "auto" of the private passenger type you lease , hire , rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered "auto" of the private passenger type hired or rented by your "employee" without a driver for a period of 30 days or less, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business . c. Such coverage as is provided by th is provision is limited to a "diminution in value" loss arising directly out of accidental damage and not as a result of the failure to make repairs ; faulty or incomplete maintenance or repairs; or the installation of substandard parts . d. The most we will pay for "loss" to a covered "auto" in anyone accident is the lesser ot (1) $5,000; or (2) 20% of the "auto's" actual cash value (ACV). III. Drive Other Car Coverage -Executive Officers The following is added to Sections II and III : 1. Any "auto" you don't own, hire or borrow is a covered "auto" for liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers," except a. An "auto" owned by that "executive officer" or a member of that person's household ; or CNA63359XX (Ed . 04112) CoJ7J1ight, CNA Co/pcr.Jtfon, 2000 Page 20f3 Includes copyrighted material of the 1nsur:JJ"Ce 5elVices Office used v,ith its penn isSlOll C'NA b. An "auto" used by that "executive officer" while working in a business of selling , servicing, repairing or parking "autos." Such Liability and/or Physical Damage Coverage as is afforded by this provision . (1) Equal to the greatest of those coverages afforded any covered "auto"; and (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse . Such "executive officers" are "insureds" while using a covered "auto" descnbed in this provision . IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident. Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a.: (4) Your "employees" may know of an "accident" or "loss . II This win not mean that you have such knowledge, unless such "accident" or "loss" is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: (6) Your "employees" may know of documents received concerning a claim or "suit" This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Transfer Of Rights Of Recovery Against Others To Us CNA63359XX (Ed . 04112) The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization . You must agree to that requirement prior to an "accident" or "loss. " C. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. D. Other Insurance The following is added to Section IV, Paragraph B.S.: Regardless of the provisions of Paragraphs 5.a. and S.d. above , the coverage provided by this policy shall be on a primary non-contributory basis . This provision is applicable only when required by a written contract. That written contract must have been entered into prior to "Accident" or "Loss n E. Policy Period, Coverage Territory Section IV, Paragraph B. 7.(5).(a). is revised to provide : a. 45 days of coverage in lieu of 30 days. V. DEFINITIONS Section V. Paragraph C. is deleted and replaced by the following : 'Bodily injury" means bodily injury, sickness or disease sustained by a person , including mental anguish , mental injury or death resulting from any of these . CNA63359XX (Ed . 04112) Col7j1i!trt, CN.-\ Co/pcr.llioo. 2000 Page 30f3 Includes cop'JTighted rroterial of the Insur:Jrce 5e!vices OfIice used v.ith its pennission C'NA Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement This endorsement modifies insurance provided under the foUowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization ~~th whom you have agreed in writing in a contract or agreement to ~'aive any right of recovery against such person or organization, but only if the contract or agreement: l. Is in effect or becon:es effective during the term of this policy; and 2. Was executed prior to loss. Information reqUired to complete thiS Schedule, If not shown above, Will be shown In the Declarations. It is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To The Insurer is amended by the addition of the following : Solely with respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work done under a contract with that person or organization and included in the products-completed operations hazard . All other terms and conditions of the Policy remain unchanged. This endorsement , which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75008XX (1-15) Page 1 of 1 Insured Name : Alten Construction, Inc. Policy No: 6024385415 Endorsement No : Effective Date: 06/01/2017 Copyright CNA All Rights ReseIVed Includes copyri!tJ1!!d mateiial of Insurance SelVices Office. Inc, oMth its permissIOn WORKERS CmIPD"SATIO~ .-\... .. \1'1) HIPL01IR'3 LL-\BILIIYlliSl"R-\"'~CI POllCY WC 0"'03 06 \VAIVER OF OlTR RIGHT TO RECOVER FRO:\lI OTHERS ENDORSEMENT - CALIFO&'L4 We have the right to recover our payments from anyone liable for an injury co .... ered by this policy. We will not enforce our right against the person or orgaruzation named in the Schedule. (This agreement applies only to the extent that you perform work under a wrinen 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 lD-j, of the Cahforrua workers' compensation premium otherwise due on such remuneration. SCHEDlLE PERSO~ OR ORG . .t.'"IZATIO~ JOB DESCRIPTIO~ ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FUR.N1:SH THIS WAIVER BLANKET WAIVER OF SUBROGATION This endorsement changes the policy to which it 15 anached and is effective on the date issued unless otherwi'ie stated. (The information below is J'equired only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effecti .... e : 10 /0112017 Policy No. i600016809171 Endorsement No. 001 Insured: _·\1ten Construction Inc Premium S INCL Insurance Company: E"eJ'est Xational Insurance Company Countersigned By: ___________________________ _ -1998 by the Workfrs' Compensation Insw'ance R.lting Bw'ean of California. All light. I'esernd. From the WCIRB's California WOl'kfl's' Compensation Insw'ance forms :\L1nnal-1999. 4 C'MA Changes -Notice of Cancellation or Material Restriction Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART STOP GAP LIABILITY COVERAGE PART TECHNOLOGY ERRORS AND OMISSIONS LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY -NEW YORK DEPARTMENT OF TRANSPORTATION SCHEDULE Number of days notice (other than for nonpayment of 30 premium): Number of days notice for nonpayment of premium: 10 Name of person or organization to whom notice will be sent: City of San Rafael Address: c/o Jamie Milliner 1400 Fifth Avenue San Rafael, CA 94901 If no entry appears above , the number of days notice for nonpayment of premium Will be 10 days. It is understood and agreed that in the event of cancellation or any material restrictions in coverage during the policy period , the Insurer also agrees to mail prior written notice of cancellation or material restriction to the person or organization listed in the above Schedule. Such notice will be sent prior to such cancellation in the manner prescribed in the above Schedule. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74702XX (1-15) Page 1 of 1 Insured Name: Alten Construction, Inc. Copyright CNA All Rights Reserved . Policy No: 6024385415 Endorsement No: Effective Date: 6/01/17 C'MA CNA72315XX (Ed . 02113) NOTICE OF CANCELLATION OR MATERIAL CHANGE -DESIGNATED PERSON OR ORGANIZATION It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: In the event of cancellation or material change that reduces or restricts the insurance provided by this Coverage Form, we agree to send prior notice of cancellation or material change to the person or organization scheduled below at the address scheduled below. This endorsement does not amend our obligation to notify the Named Insured of cancellation as described in the Common Policy Conditions or in another endorsement attached to this policy. SCHEDULE 1. Number of days advance notice: _1_0 _ Days if we cancel for non-payment of premium . 30 Days if the policy is cancelled for any other reason, or if coverage is restricted or reduced by endorsement. 2. Person or Organization's Name and Address Name : City of San Rafael Attention: clo Jamie Milliner Street Address: 1400 Fifth Avenue City, State, ZIP: San Rafael, CA 94901 e-mail address: All other terms and conditions of the Policy remain unchanged . CNA72315XX (02/13) Page 1 of 1 Copyright CNA All Rights Reserved . Policy No : 6024385396 Endorsement No: Effective Date : 6/01/2017 CNA CNA PARAMOUNT Construction Wrap-Up Program Exclusion Endorsement This endorsement modifies insurance provided under the foHowing : COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed that under COVERAGES, Coverage A -Bodily Injury And Propeny Damage Liability and Coverage B -Personal And Advertising Injury Liability, the paragraphs entitled Exclusions, are amended to add the following exclusion: This insurance does not apply to bodily injury, propeny damage or personal and advertising injury arising out of any current or completed operation performed by the N3med Insured or on the Named Insured's behalf which is or was insured under a consolid3ted (wrap-up) insur.mce program This exclusion applies whether or not the consolidated (wrap-up) insurance progr3m : A. provides coverage identical to that provided by this Coverage Part ; B. has limits adequate to cover all claims ; or C. remains in effect Consolidated (wrap·up) insurance program means a construction , erecbon or demolition project for which the prime contractor/project manager or owner of the project has secured general liability insurance covering some or all of the contractors or subcontractors involved In the project. Consolidated (wrap-up) insur3nce program includes an Owner Controlled Insurance Program (0 CJ .P.) or a Contractor Controlled Insurance Program (C.C.! P.). All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy. unless another effective date is shown belOIIV, and expires concurrently with said Policy. CNA74863XX (1 -"15) PaQe 1 of 1 Insured Name. Alten Construction , Inc. Policy No: 6024385415 Endorsement No: Effective Date: 06/01/2017 STAFF REPORT APPROVAL ROUTING SLIP Staff Report Author: Bill Guerin Date of Meeting: 12/18/2017 Department: Public Works Topic: Public Safety Center Construction Award Subject: Award construction contract to XXXXX Type: (check all that apply) ☐ Consent Calendar ☐ Public Hearing ☒ Discussion Item ☒ Resolution ☐ Ordinance ☐ Professional Services Agreement ☐ Informational Report *If PSA, City Attorney approval is required prior to start of staff report approval process Was agenda item publicly noticed? ☐ Yes ☒No Date noticed: ☐Mailed ☐Site posted ☐Marin IJ Due Date Responsibility Description Completed Date Initial / Comment DEPARTMENT REVIEW FRIDAY noon 12/1 Director Director approves staff report is ready for ACM, City Attorney & Finance review. 12/4/2017 ☒ BG CONTENT REVIEW MONDAY morning 12/4 Assistant City Manager City Attorney Finance ACM, City Attorney & Finance will review items, make edits using track changes and ask questions using comments. Items will be returned to the author by end of day Wednesday. Click here to enter a date. 12/12/2017 12/11/2017 ☒ ☒ LG ☒ Van DEPARTMENT REVISIONS FRIDAY noon 12/8 Author Author revises the report based on comments receives and produces a final version (all track changes and comments removed) by Friday at noon. Click here to enter a date. ☒ ACM, CITY ATTORNEY, FINANCE FINAL APPROVAL MONDAY morning 12/11 Assistant City Manager City Attorney Finance ACM, City Attorney & Finance will check to see their comments were adequately addressed and sign-off for the City Manager to conduct the final review. Click here to enter a date. Click here to enter a date. 12/11/2017 ☒ ☒ ☒ Van TUES noon 12/12 City Manager Final review and approval 12/13/2017 ☒ JS