HomeMy WebLinkAboutMS Essential Facilities; Kitchell CEM IncCITY OF
Agenda Item No: 6.b
Meeting Date: Dec. 15, 2014
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Management Services
4'
Prepared by: Jim Schutz, pity Manager Approval: J)
Assistant City Manager V,e
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH KITCHELL CEM INC. FOR PROJECT MANAGEMENT AND PRE -
CONSTRUCTION SERVICES RELATED TO THE ESSENTIAL FACILITIES STRATEGIC
PLAN (TERM OF AGREEMENT JANUARY 1, 2015 THROUGH JUNE 30, 2015, WITH A
TOTAL BUDGET AMOUNT NOT TO EXCEED $93,680)
RECOMMENDATION:
Adopt the Resolution authorizing the City Manager to execute a Professional Services
Agreement with Kitchell CEM Inc. (Kitchell) for project management and pre -construction
services related to the Essential Facilities Strategic Plan.
BACKGROUND:
A separate item on tonight's City Council agenda is to prepare the Essential Facilities Strategic
Plan. That item contains a full "Background" and context for the Strategic Plan. This contract,
with Kitchell, is for project management services associated with that Plan.
On October 1, 2014, staff released a Request for Proposals for "Essential Facilities Project
Management and Pre -Construction Services." Submittals were due by October 24, 2014.
On November 4, 2014, the City Council's Facilities Subcommittee (Mayor Phillips and
Councilmember McCullough) conducted formal interviews of firms interested in providing project
management services for the Strategic Plan. On December 2, 2014, the Facilities
Subcommittee met and formed a recommendation to the full City Council. The Subcommittee
decided to recommend Kitchell for this scope of work.
ANALYSIS:
Kitchell is recommended due to the strength of their interview with the Facilities Subcommittee,
their extensive experience including recent construction management of public safety buildings
in Marin County, and exceptional references. In addition, Kitchell would have the resources and
expertise should the City wish to retain the firm in the future for construction management
services.
FOR CITY CLERK ONLY
File No.: L -S__ __�
Council Meeting:
Disposition: j�e- U i iO4J 1 &� 4-
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
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. The Facilities Subcommittee and staff
have 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.
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.
Kitchell will provide the following services:
• Management of the Strategic Plan process including facilitation of the Strategic Plan
Working Group through regular meetings and communication.
• Planning for the Strategic Plan Working Group and any other public outreach with the
City Manager's Office.
• Communication management, such as preparing and delivering project status reports
and other messaging to the City Council, City employees, the public, and the media.
• Management of the budget for the Strategic Plan.
• Provide constructability input into the process as the programs and budgets are being
assembled for recommendation.
• Identify obstacles to construction to prevent errors, delays, or cost overruns.
• Provide input to the site/facility programs and project budgets, prioritization, phasing,
and implementation schedule.
• Provide input to Strategic Plan to ensure a set of functional and financially viable
projects.
The above scope of work is anticipated to begin in January 2015 and take approximately four to
six months. As noted in the staff report for the Strategic Plan, upon its completion, the City
would be positioned to begin an architectural design and pre -construction phase — followed by
the construction phase.
FISCAL IMPACT:
The proposed contract includes $93,680 plus reasonable and customary reimbursable
expenses for the professional services as detailed in the scope of work attached to the
Resolution. The cost and/or the time of commute travel will not be charged to the City.
These funds will be appropriated from the portion of Measure E revenues allocated to public
safety facilities construction and improvements.
• Approve the Resolution
• Modify Resolution and/or direct staff to return with modifications
ATTACHMENTS:
• Resolution authorizing the City Manager to execute a Professional Services Agreement
with Kitchell CEM Inc. for project management services associated with the Essential
Facilities Strategic Plan
• Draft Professional Services Agreement with Kitchell CEM Inc.
:4 471. to] _._1011 Lei M \ Lei
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING
THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
KITCHELL CEM INC. FOR PROJECT MANAGEMENT AND PRE -CONSTRUCTION
SERVICES RELATED TO THE ESSENTIAL FACILITIES STRATEGIC PLAN (TERM OF
AGREEMENT JANUARY 1, 2015 THROUGH JUNE 30, 2015, WITH A TOTAL BUDGET
AMOUNT NOT TO EXCEED $93,680)
WHEREAS, the City wishes to have an Essential Facilities Strategic Plan which
will build on the foundation of the past studies and committee work, to comprehensively
analyze and present a prioritized strategy; and
WHEREAS, on October 1, 2014, staff issued a Notice Inviting Proposals for
Project Management and Pre -Construction Services for an Essential Facilities Strategic
Plan and received five proposals by the deadline of October 24, 2014; and
WHEREAS, the City Council's Facilities Subcommittee interviewed the top three
firms on November 4, 2014 and directed staff to work with finalists to further develop the
scope of work and fees and conduct reference checking; and
WHEREAS, on December 2, 2014, the City Council's Facilities Subcommittee
decided to recommend to the full City Council an Agreement with Kitchell CEM Inc. for
project management and pre -construction 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 a form to be approved by the City
Attorney, with Kitchell CEM Inc., for project management and pre -construction services
related to the Essential Facilities Strategic Plan, in an amount not to exceed $93,680.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of San Rafael does hereby authorize the appropriation of $93,680 from fiscal year
2014-2015 General Fund Measure E revenues to fund this 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 151" day of December 2014 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
AGREEMENT FOR PROFESSIONAL SERVICES
FOR AN ESSENTIAL FACILITES STRATEGIC PLAN
This Agreement is made and entered into this 16,r44 day of December, 2014, by and
between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Kitchell CEM Inc., a California
Corporation (hereinafter "CONTRACTOR").
RECITALS
WHEREAS, the City wishes to have an Essential Facilities Strategic Plan which will
build on the foundation of past studies and committee work, to comprehensively analyze and
present a prioritized strategy;
WHEREAS, on October 1, 2014, staff issued a Notice Inviting Proposals for Project
Management and Pre -Construction Services for an Essential Facilities Strategic Plan and
received five proposals by the deadline of October 24, 2014;
WHEREAS, the City Council's Facilities Subcommittee interviewed the top three firms
on November 4, 2014 and directed staff to work with finalists to further develop the scope of
work and fees and conduct reference checking; and
WHEREAS, on December 2, 2014, the City Council's Facilities Subcommittee decided
to recommend to the full City Council an Agreement with Kitchell CEM Inc. for project
management and pre -construction services.
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
I PROJECT COORDINATION.
....... .... .. .
A. CITY'S Project Manager. The Assistant City Manager is hereby designated the
PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects
of the progress and execution of this Agreement.
B. CONTRACTOR'S Project Director. CONTRACTOR shall assign a single
PROJECT DIRECTOR to have overall responsibility for the progress and execution of this
Agreement for CONTRACTOR. Bill Johal is hereby designated as the PROJECT DIRECTOR for
CONTRACTOR. Should circumstances or conditions subsequent to the execution of this
Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTRACTOR shall
notify the CITY within ten (10) business days of the substitution.
111M.Iffi•n
CONTRACTOR shall perf"orin the duties and/or provide services as shown in the attached
document marked as Exhibit A submitted by Kitchell CEM Inc. which includes the Scope of
Services and Fees.
Rev. Date: 1/30/14
3. DUTIES OF CITY.
CITY shall pay the compensation as provided in Paragraph 4, and coordinate with
CONTRACTOR regarding key aspects of the Strategic Plan process.
4. COMPENSATION.
For the full performance of the services described herein by CONTRACTOR, CITY shall
pay CONTRACTOR a total professional services fee of $93,680 with reasonable and customary
reimbursable expenses as approved by the PROJECT MANAGER.
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 six months commencing on January 1, 2015 and
ending on June 30, 2015. Upon mutual agreement of the parties, and subject to the approval of 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.
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.
Rev. date: 1/30/14 2
8. 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 patties agree that they shall not assign or transfer any interest in this Agreement nor the
performance of any of their respective obligations hereunder, without the prior written consent of
the other party, and any attempt to so assign this Agreement or any rights, duties or obligations
arising hereunder shall be void and of no effect.
10. INSURANCE.
A. 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/four million dollars ($4,000,000) 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.
Rev. date: 1/30/14 3
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 01 04 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 terns and conditions of said
insurance policies except upon ten (10) days written notice to the PROJECT MANAGER.
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
Rev. date: L/30/14 4
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
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.
Rev. date: 1/30/14 5
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.
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.
Rev. date: 1/30/14
17. ENTIRE AGREEMENT -- AMENDMENTS.
A. The terms and conditions of this Agreement, all exhibits attached, and all doctnnents
expressly incorporated by reference, represent the entire Agreement of the parties with respect to the
subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or written,
regarding the subject matter between the CONTRACTOR and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the subject
matter of this Agreement, shall be valid or binding, except by way of a written amendment to this
Agreement.
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 Linder
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
Rev, date: 1/30/14 7
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).
The laws of the State of California shall govern this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
NANCY MACKL City Manager
00163
ESTI IER. C. BEIRNE, City Clerk
APPROVED AS TO FORM:
ROBERT F. EPSTEIN, City Attorney
Rev. date: 1/30/14
CONTRACTOR
By: -- — ---- !L�x
Name:
— ------------------
Title:-57R-7-
EXHIBIT A
December 5.2O14
Jinn Schutz
Assistant City Manager
San Rafael City Ho||
1400 Fifth Avenue, Room 203
San Rafael, California 94915-1580
RScope of Services and Fee for the
Esaendi| Facilities Pr ^eut K8mnmQernpnt and Pro-CmmStruotion Services
Dear Mr. Schutz,
Thank You for notifying mathat Kitchell was selected toprovide Project K8anagementSenvicenforthe
City of San Rofae|'s Essential Facilities Project Management and Pre -Construction Services. On
behalf of our entire team. | personally would like to thank you and the members of the selection
committee for this opportunity. VVeare very excited about working with the City onthis important
project,
Per your request, the following isalist ofthe scope for the Project MonagementServiuesthatvve
intend tnprovide the City during the Strategic Plan phase ofthe project.
Scope of Services:
o Management of the Strategic Plan process including facilitation of the Strategic Plan Working
Group through regular meetings (e.g.twice amonth) and Communication.
° Planning for the Strategic Plan Working Group with the City Manager's Office.
w Communication manoQannent.such eepreparing and delivering project etatusreports and
other messaging to the City Council, City employees, the public, and the media.
0 Management ofthe budget for the Strategic Plan.
w Provide constrUctability input into the process as the programs and budgets are being
assembled for recommendation.
0 Identify obstacles to construction to prevent errors, delays, or cost overruns,
m Provide input to the site/facility programs and project budgets, prioritization, phasing, and
implementation schedule.
• Provide input toStrategic Plan toensure aset offunctional and financially viable projects.
The fee huprovide Project Managemantforthaaboveuemicouivanottoexceadennountof$77'7GO
Plus reasonable and customary reimbursable expenses. In addiUon, engineering and estimating staff
hours have been included for the review of the Strategic Plan Consultants deliverables. This amounts
toonadditional cost of$15,82U. The total combined fee for this scenario iu$R3`G8U. The proposed
fee utilizes the level of staff and the designated number of man hours for the respective staff member
during each phase identified on the attached Staffing Fee 77nno/ine. Time will be charged on an
hourly basis. The calculation ofthe hours each month and subsequent fee does not include Project
Management hours to accompany the Strategic Plan consultant during the physical assessment of
each facility and any interviews or workshops to gather Needs Assessment data. Should the City cf
Kitchell CEP41
oonomcwo o"mo./"" I uu.,omo 1 Sacramento, ce/xum/aysozu 1 Phone 916.648.9700 1 Fax 916.648.6534 1 wwm.mtc»eo,00m
San Rafael request that Kbche||'sdesignated P jectK8enageraocnmponyUha StrategicP1en
consultants during these activities, these additional hours can be billed on a time and material basis
per the hourly rate shown inthe Staffing Fee Timeline. |npreparing this fee vvaassume econtract
start date for the above scope of services of January 1 st, 2015 and a completion date of June 301h,
2O15�
Reimbursable expenses may include; Project Office and equipment, Telecomm unications, PoobaQe,
Consumables. Plans/Prints/Photos and Project -related travel. Please note that the cost of travel and
PM time for travel between our Sacramento Office and San Rafael will not be charged to the City,
Thank you for the opportunity toprovide these services. Our resources are inplace and vveare ready
tocommence with this work. |fyou have any questions, please donot hesitate tocontact nneetthis
Kitchell CEM
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CERTIFICATE OF LIABILITY INSURANCE='ArIM4,;DD1v rr
�...... �l i2'1012914
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 1 ChidT4CT
ACIG insurance Agency, Inc. �'�IAIII.E2600 N Central Expw = Suite 800 {oNE RlCharsOn,teNo qtr 3'21702-9014g;e Nod: (9?2}6g7-0504
iL _
www aclg Com
iMSU RED
Kitchell CEN1, Inc.
2750 Gatew3 Oaks, Suite 300
Sacramento CA 95833
;A: American' Contractors Ins, Co. RRG 1230'1
Br. ?CIG Insurance Company 19984
E
rnvFRA(,FG is RTIFIr.ATF NI I1VIRFr2• 1)1-)Fna1'?z RFVICn1Ri NI imRFF?-
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NDIC,=.TED :JOT'iVITHST..NDI +a ANY REi11Jl?E`•dEVT. TE'N' :R CCNGITIa4 OF ANY �;C 1TF'ACT CP, OT.,ER 3CCi"AENT V^J1TH r:E3PECT TO
'A;FliCI I THIS
CERT'MCATI D MAY BL ,SSUEO OR IVIAf PER7AIIN. THE INS- ;'.ANC:: CRDEO 9Y THE PGL.IC ES D, -.SCRIBED 1-IE3EIN 'S SUBJECT -0 ALL
_.EP."v?S
-
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EX_!_.SIO S AND CONDI-IONS CF SI�CH POLICI'_S � MI -S SHOA'N� MAY HAVE
BEEN ?EDUCED BY PAID CLAMS.
4Fi5R -t?E OF INSURANCE lj Dn SLBR
LT4 7e I VOID POLY{ vU{t.BER
PQLiCY EFF P-CiUCY EXp l.ttAIFS
NFIDDfYfrYi Mt D+Y'f
CG6.AERCIAL GENERAL LABILITY SL?4H3U(2
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"104
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2.000_000
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U6,iBP-ELLA UAB 1-C..B
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AND EMPLOYERS' UAB'rr yt3 Vr—AC100066E314
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DESCRIPTION OF OPEP-ATICNS -` LOCATIGN5 i'-/EHiCLES iACORD ial, Additional Remarks Schedula,
may be attachud ;f Mora Space is requiredl
Re. Protessional Services Agreement for an Essential Facilities Strategic Plan
3L - If these policies are cancelled, non -renewed or materially changed. 60 days notice, except 13 days for norpaymert of premium. will be
mailed to the Certificate Holder.
If these tare cancelled, non -renewed orn.ate nally changed, 301 days
notice, except 10 days for nonpayment of premit:m, will be
mailed to the Certificate Holder,
CERTIFICATE HOLDER CANCELLATION
494262
Cityy of San Rafael
P.O- Box 151560
1400 Fifth Avenue
San Rafael CA 94315-1560
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AU r}iGRR-EU REPRESS:1A r IVE
fvlirhaai _ �-Neill
B 1993-2014 ACORD CORPORATION. Ail rights reserved.
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD
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 he loss -
A. Viho is an Insured ::Section III is amended to include as an insured any person or organization shown sn the above SCHEDULE
{called additional insured', but only with respect'o liability For "bodily iniury". "property damage' or `personal and advertising injury"
arising out of your premises or your operations for he additional insured.
B. The insurance provided to the additional insured is subject to the following limitations:
If required by written contract, this insurance does not apply to 'bodily injury' or 'property damage"
occurring after ypur work- for the additional insured has been completed or after that portion of 'your work"
out of which the "bodily injury' or'pronerhy damage" arises has been put to its interded use by any person or organization.
Z Unless required by wrftten contract. this insurance does not apply to 'bodily injury' or 'property damage" arising out of the
sole negligence. act or omission of the additional =nsured.
3, This insurance does not apply to 'bodily irjury'property damage" or 'personal 3rd advertising injury" for which the
additional insured is obligated in pay damages by reason of the assumption of liabi!4 in a contract or agreement except io
the extent that the additional insured =mould have been obligated to pay such damages in the absence of the contract or
agreement.
4- This insurance is excess to any other rnsurarce. whether primary, excess, contingent or ?n any other basis, available to the
additional insured unless a -.vritten contract requires that this insurance be prirrrary or primary and non-contributing.
However, this insurance s _Mays excess to other insurance, whether primary, excess, contingent or on any other basis;
when the additional insured has been added to the cther'nsurance as an additional insured.
5. This insurance does not apply to `bod>ly injury'. �prope2y damage" or "personal and advertising ielriry" arising out of the
rendering or failure to render any professionai ser vices, inciudirg:
al The preparing, approving or failing to prepare or approve maps, drawings. opinions, repor•'s, surveys, charge
orders, designs or specifications: or,
bj Supervisory; inspection are engineering serrces,
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision;
hiring, employment, training or monito;ing al` others by ttrat ;nsured; if he -occurrence" vhich caused the 'bodily injury" or
property damage", or the offense which caused the 'bersonal and advertising injury", involved the rendering of or failure to
render ar.y professional services by you or ;n yo;r behalf, with respect to the operations described above.
5. This endorsement shall rot apply ro a person or organization if any other additional Insured endorsement attached to this
policy specifically applies to that person or organization.
The insurance afforded herein only applies to tr�3 extent permitted by applicable state law, including s?atutes governing
additionai insured coverage in the const action ineusty.
C. This insurance shall not exceed the scope ifcoverage, includ?ng 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 contra& if a rodtten contract or agreement
requires unat additional insured status be provided by the use -of ISO CG20101135.. then 'the terms of that endorsement are
incorporated into this erdorsement as respects such additional insured and shall supersede the coverage grant and limitations in
Sections A. and B. of this endorsement_
Nothing herein contained shall be held to vary, aster waive or :xtend any of the terms, conditions, provisiors, agreements or limitation=s of the
mentioned policy. o'her than as above stated.
This endorsement {changes the policy to %,hick 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:61112014
Insured_ Kitchell CEM, lnc,
Policy No.: GI_14P00002
Insurance Company: American Contractors Insurance Ca RRG
Counterigned By
Endorsemen- No.
Premium S
r
J
558
This erdcrsernent modifies insurance provided under the f6lowing:
COMMERCIAL GENERAL LIABILITY CO',/EF:,AGE PART
SCHEDULE
Name ofPersonu$orOrganzoUon(n):
Any person or orgar.izaiior for whom you have agreed by written contract to furnish this -,,rj2iver.
The TRANSFER OF RIGHT S OF RECOVERY AGAINST OTHERS TO US Condition (Section 0/ -- COMMERCIAL
GENER,Pil- LIABILITY CONDIT!'CNS) is arnended by the addition of the following�
VVammlveany right ofoacoma9wemay have against the person ororganization shown in the Schedule above
because ofpayme�injury
aogea����ongoing ��
nsor^yourwmdnmaunder
acootna'�withthat peoonnrorganizadnnand 'nd'products-completed
uded|nUheopenstionyhazard^ This waiver
applies only hzthe person ororganization shown inthe Schedule above.
Nothing herein contained shall beheld to, vary alter waive ovextend any nfthe terns.conditions, provisions,
agreements or Hmitations of the i-nent,oned Policy, other than as acove stated,
Th'sandomememcharges the policy to which '�t isattached and isaffective onthe date issued unless ot*iorwisestated.
(The information below is required only when this endorsementis issued subsequent to preparation of the policy.)
t:ndorser-ent 2ftiectrje� Same as policy effqctive date unless otherwise indicated above.
PoLxnmn GL14,POOOO2
/naueu- Kitchell MEW |no.
friyu,ance Compary AmercanCcmr3ctors!rsurarlcec*RRG
Endcrisemen't No
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06
04-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA
'Ole have the right to r-?cov,,-r our Payments from.anyone liable for an injury cowered by this policy. We vi I not -antrce our right against
,lie ' pemor or organizaticn named in tt-a Schedule !This agreement applies only to the extent that you perform work under a viriter)
contract that requires you to obtain this agreement from us )
You must t - j I
, mFirtair payroll records accurately segregating the remuneration of youremp7oyees while engaged in the tiwcrk described in
the Schedwe.
The additional p—mi-im for this endorsement shall be
such remuneration.
Person or Organization
'1homever khe named ris!,red is required by written
contract executed prior to loss to tuao/e dgits of recovery
agains,
_% of the California workers' compensation premium othe,,Mse due on
Schedule
Job Description
Tints ardorsemenit charges the policy to which it is attached and s effec-7;ve on the da -le issued unless ot�le np.rise stated
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endcrsemer-,t Effective Same as Policy Effective Date unless othervvise indicated above.
Policy Effective Date: P011cY NO OjCA0000068 14 'E',idorsement No,
Premium
Insured Kitchell CEM Inc
'Carrier NannellCode ACS G insurance Company
Countersigned by
WC 04 03 06
(Ed- 04-84)
ACOR0 CERTIFICATE OF LIABILITY INSURANCE DATE (M'1,DDr'lYYY1
11%- 12,10,20 14
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).
TCT
PRODUCER ACID Insurance Agency, 11,C.Naf7EA
FAX
2600 N. Central Expwy Suite 800 Pwo E _. _
R chardson. TX 75x80 (AIC,NO.EAI: 9r2Mzo2-30c4 tA;c.Nes: il, 637-a604
•vwl,y ac.:g Corn
!NSURED
Kitchell CENT, Inc.
2750 Gatewax Oaks, Suite 300
Sacramento !,A 05833
OOVFRAf.ES rF:tZTIFICATF N1IMRFR- )7nncna•a REVISION NUMBER -
•8 TO C -Ri IFY I H; T THE FOLIC. ES CF N UR -P.CE L STED 3c A, I- E SEER S&ZED 710 THE INSURED NAMED r.BC,E FOR II-• ?OLI Y PERI iD
INDICATED.N0 'JTHST dDINC ANY RE' IIR=,1 RL, TEPM1 OR ONDIT N F ANY ON RA.I JR 3T ER ROCU ENI TV17H RESPECT TO
A`14!CH THIS
CERT'Flo IE PIA' H S -SUED OR MAY PERTAIN THE INS!-RANCE AFFORDIED 3Y THE P„' ICIES DE CRMED HERE N =S 51JEJ:CT Tv ALL
T: = TERMS.
EhC=_SIGNS AND CO -I^ `IONS CIF SUCH . VL r_5. L MI -S SHO,AN MAY HAVE 3EE1J REDUCED BY PAID .1-AiMS.
INSft 'ADDLiSUER POLICY EFF POLICY EXP
LIR - T'i PE QF}NSURANCE !V'v POLICY NI741BER OOMIDDIYYYY M1N1QQIYYY','
L1�1i75
i COMMERCIAL GENERAL LIASILiTIr { `
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UMBRELLA LIAR
EXCESS UAB AVS _SMAC_=
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-0RKERSOMPENSATIO'J
E, 071--
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AND EMdPI OY FRS'!-IABILITY Yf N I
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Mir P,CPR _ R'PA -11 cXEU1YE
= ^
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(Mandatory in NH) —�
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.IPTICN �F a=E NS below i
. 01.iGY vi M!T S
F C•cntracicr ProfesstcnallPoltudon EVC 3959322-06 5i1;2014 61112015
Per Claim S5,000,860
Liability
`Aggregate 55;000.0010
CESC R IFTION OF 13PERATI Ona ? LCC -11CNS + VEHICLES ;ACORD 101, Additianal Remarks Schedule, may be adach`±d rf mare space is required)
Re. Professional Serric2s Agreement for an Essential;=acuities Str3tegic,Pla;1
Profess ianaiiPollutior: -Aggregate limit is total irsurance a',)ailable for all cla,rns presented within tI-e policy period
for operations et
insured Limit Affi be reduced by payrrer:ts of indemnity andfor expenses
i
494202
Ci�' of San Rafael
P.v, Box 151560
1400 Fifth Avenue
San Rafael CA 94915-1560
L
SHOULD ANY OF THE ABOVE DE5CZIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE'NITH THE POLICY PR04I5IONS.
+U'}iCRIZED REPRESENTATIVE / 1
Michael J- O'Neill / L
J 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014191 ) The ACORD name and logo are registered marks of ACORD
_ _� -3.._
Pe --e _- . _
AC R" CERTIFICATE OF LIABILITY INSURANCE
015
DATE,MMrDD;�
1110,`2014
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: It 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 he
certificate holder in lieu of such endorsement(s).
PRODUCER 1 ]t±;
oc Ln Companies
CON -ACT
NAME:
PHONE FAX
TAI . No. �x 3] LAIC Nol:
X21-0 F. Union <A Veriije
Deu7,`er CO 302',
c -MAIL
.ADDRESS*
_
INSURER(S) AFFORDING COVERAGE NAIC
130 3) 4144311017
INSURER A : Tfte Tray-c!lers- lndemniO; Company 2301$
5•"'-^ ._� C',-:=2wh�C '")
;NSUR.ED Kitchell CENI Inc,
1 . )4-;JI)IiaCC.Y`3,r i♦);iI:S STIP Ja. to =_`%1
INSURER B :
INSURER C:
INSURER D,
Sacrl)neP.toT CA 958�3'
INSURER E
INSURER F:
COVERAGES KITC002 CERTIFICATE NUMBER: 1'32i;3252 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF It SURANC-E LISTED 58-0%,V i=AVE BEEN ISSUED FID THE INSURED NigAED ABO�;E =CR THE POL, PERIOD
PID:_ATED_ ..NOTVNITHSTANDIN`; . ,NY REQU1REME., ,-, TERM OR CONDII-ION OF AN'' CONTRACT CR OTTER UOCL: iIE%T tirlTH RESPECT TO "tHICH THIS
f,',`..RTIFCA!- M,_'Y 5F_ ISSUED OR `RFI/ PERTAIN, 7 -IE NSURA°ICE ?,F=ORDED 5Y THiE POLICIES DESCRIBED HEREIN IS 3UBJECT TO ALL THE TERMS.
LLS{O AI\tD CON DITiCiNS O= SUCH POU GIES, UWITS SHONJN MAY FA`!F SEEN REDUCED BY PAID CLAIMS.
NSR
LIR
;YPE OF INSURANCE
ADDL
;NSD
SUSR
INVD
POLICY EFF
POLICY NUMBER IMMIDD(YYYY
POLICY EXP
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LIMITS
COMMERCIAL GENERAL LIABILiI'f
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EXCESS LIAB -- C',AIP.9n-,1,iD=
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DED RE'Er;Tr_Nj
YJORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y I N
'vG L _1PP=..fC'113 E
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It -ez, rite end=_r
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H'in_d A. t P s•L 11 Dama2'=
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1.2O1
Cenap De(l. S l ,X10
Coll. Ded. `; Li)rG
DESCRIPTION OF OPERA - IONS ? LOCATIONS VEHICLES ACORD 101, Additional Remarks Schedule, may he artachad if more eoaca is required)
Z.. ,... jl4tilU1II 1Cr.; ' ti 'rt�,-71 nt -t?' in Fs rll.af ' _1.i E-icS Srrac 'C ?'an 00i N" 04'13_*I.
i
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r
`s
I
i_
13262262
City of San Rw ael
1`—)0 Fifth A-� mue
P.0. Box l3 ( 360
Sin Rafact t- A 9915 -(bbl)
SHOULD ANY OF TIRE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
;f(C 14'[
•� 1985- 014 ACORD CORPOFrATION. All rights reserved.
ACORD 25 (201=401) The ACORD name and logo are registered marks of ACORD
Named Insured: Kitchell Corporation, et al
Carrier. Travelers Indemnity- Company
Policv No. DT8103E196169
Eff. Dates: 6'L%14-6/1/1=
CA T3 53 0310
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following.
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for
any injury, damage or medical expenses described in any of the provisions of this endorsement may be
excluded or limited by another endorsement to the Coverage part, and these coverage broadening provisions
do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a
general coverage description only. Limitations and exclusions may apply to these coverages. Read all the
provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is
not covered.
A. BROAD FORM NAMED INSURED
B. BLANKET ADDITIONAL INSURED
C. EMPLOYEE HIRED AUTO
D. EMPLOYEES AS INSURED
E. SUPPLEMENTARY PAYMENTS — INCREASED
LIMITS
F. HIRED AUTO — LIMITED WORLDWIDE
COVERAGE — INDEMNITY BASIS
G. WAIVER OF DEDUCTIBLE — GLASS
PROVISIONS
A. BROAD FORM NAMED INSURED
The following is added to Paragraph A.1.,
Who Is An Insured, of SECTION II —
LIABILITY COVERAGE
Any organization you newly acquire or
form during the policy period over which
you maintain 501,D or more ownership
interest and that is not separately insured
for Business Auto Coverage. Coverage
under this provision is afforded only until
the 180th day af*er you acqurre or form the
organization or the end of the policy
period whichever is earlier.
B. BLANKET ADDITIONAL INSURED
The following is added to Paragraph c. in
A.1., Who Is An Insured. of SECTION 11
— LIABILITY COVERAGE:
H. HIRED AUTO PHYSICAL DAMAGE — LOSS
OF USE — INCREASED LIMIT
I. PHYSICAL DAMAGE — TRANSPORTATION
EXPENSES — INCREASED LIMIT
J. PERSONAL EFFECTS
K. AIRBAGS
L. NOTICE AND KNOWLEDGE OF ACCIDENT
OR LOSS
M. BLANKET WAIVER OF SUBROGATION
N. UNINTENTIONAL ERRORS OR OMISSIONS
Any person or organization who is required
under a written contract or agreement
between you and that person or
organization, that is signed and executed
by you before the "bodily injury" or
"property damage" occurs and that is in
effect during the policy period, to be
named as an additional insured is an
"insured" for Liability Coverage, but only
for damages to which this insurance
applies and only to the extent that person
or organization qualifies as an "insured"
under the Who Is An Insured provision
contained in Section 11,
C. EMPLOYEE HIRED AUTO
1. The following is added to Paragraph
A.1.. Who Is An Insured, of
Nanieu/uyurea Kitchell Corporation, et al
cuoicc Tmrcleis Inaomnig,cmupaov
Policy No. oT81o5E4vu|av
E/zoateo.
SECTION It — LIABILITY
An "employee" of yours isan"inmued"
while operating an `auto'' hired or
rented under contract or agreement
inthat ''emp|oyee'a''name, with your
penmiss/on, while performing duties
related to the conduct of your
business.
2. The following replaces paragraphb.in
B.S.,B
Other Insurance, of�CT0M
|V — sOo|mESS AUTO
CONDITIONS:
b. For Hired Auto Physical Damage
Coverage, the following are
deemed mbecovered "sutos you
own:
(1) Any covered "auto" you lease.
hire, rent orborrow; and
<2> Any covered "auto" hired or
rented by your "emptoyee"
under a -contractin that
�
indivua|''mp(oyee's''name'
with your permission, wti{e
performing dudes related to
the conduct ofyour business,
However, any ''auto" that is
|eased, hired, rented or borrowed
w/Ln a driver (y not a covered
The following isadded to Paragraph A.I`
Who Is An Insured, of SECTION (Y —
LIABILITY COVERAGE, -
Any "employee
QVERAGE�
Any~empbyee of yours is an "insured"
while using a covered "auto" you don't
mwn, h(na or borrow in your business o,
your personal affairs.
E. SUPPLEMENTARY PAYMENTS —
INCREASED LIMITS
t The following replaces Paragraph
A:%.a.(2)�ofSECTION U—LIABILITY
COVERAGE�
(2) Up to 93.000 for cost ofbail bonds
(including bonds for related traffio
(aw violations) required because
of an "accident" we comar. �Ale do
rot have 0afrmshthese bonds
cATss03m
2. The lo||owing replaces Paragraph
A.%�.(4,ofSECTION |1—LIABILITY
COVERAGE
(4) All reasonable expenses incurred
by the "insured" at cur request
including actual loss ufearnings
up to $508 a day because of time
of', from work.
F. HIRED AUTO — LIMITED m/ORLoVNoE
COVERAGE — INDEMNITY BASIS
ThefbUuvving replaces Subparagraph e. in
Paragraph o.7., Policy Term, Coverage
Territory, of SECTION 1V — 8QS|0ESG
AUTO COWDlT|C>N&
e. Anywhere in the wndd, except any
country orjurisdiction while any trade
oanctiom, embargo, or similar
regulation imposed by the United
States of America applies to and
prohibits the transaction of business
with or within, such uoun�y or
junsdic§on.for Liability Coverage for
any covered ^auuo" that you |eaoe,
lire' rent or borrow with out adriver for
a period of 30 days or less and that is
not an ^auto" you |eaoe, hire, rent or
borrow from any ofyour 'emp(oyees''.
partners Of you are a partnership),
members (if you are a limited liability
company) o, members of their
households -
(1) VVith respect to any claim made o,
suit" brought outside the United
States of America, the territories
and possessions of the United
States of America, Puerto Rico
and Canada:
(a) You must arrange to
-de8and the "insured"
against. and investigate or
settle any such claim or
^su|p' and keep us
advised orall proceedings
and actions,
(b) Neither you nu/ any other
nvo|ved "ineured" will
make any settlement
without our consenL
(o) We may, arour discretion,
partic/pate in defending
Named Insured: Kitchell Corporation, et al
Carrier: Travelers indemnity Company
Policy No. DT8103E496169
Eff. Dates: 6/1/14-6/1/135
the "insured" against, or in
the settlement of. any
claim or "suit".
(d) We will reimburse the
"insured":
(1) For sums that the
"insured" legally must
pay as damages
because of "bodily
injury" or "property
damage" to which this
insurance applies,
that the "insured"
pays with our
consent, but only up
to the limit described
in Paragraph C., Limit
Of Insurance. of
SECTION It —
LIABILIT`r"
COVERAGE;
(it) For the reasonable
expenses incurred
with our consent for
your investigation of
such claims and your
defense of the
"insured" against any
such "suit", but only
up to and included
within the limit
described in
Paragraph C., Limit
Of Insurance. of
SECTION It —
LIABILIT`r
COV`RAGE, and not
in addition to such
limit. Our duty to
make such payments
ends when we have
used up the
applicable limit of
insurance in
payments for
damages, settlements
or defense expenses.
(2) This insurance is excess over any
valid and collectible other
insurance available to the
CAT3 53 03 10
"insured" whether primary, excess
contingent or on any other basis_
(3) This insurance is not a substitute
for required or compulsory
insurance in any country outside
the United States, its territories
and possessions, Puerto Rico and
Canada.
You agree to maintain all required
or compulsory insurance in any
such country up to the minimum
limits required by local law. Your
failure to comply with compulsory
insurance requirements will not
invalidate the coverage afforded
by this policy, but we will only be
liable to the same extent we would
have been liable had you
complied with the compulsory
insurance requirements.
(4) It fs understood that we are not an
admitted or authorized insurer
outside the United States of
America, its territories and
possessions. Puerto Rico and
Canada. We assume no
responsibility for the furnishing of
certificates of insurance, or for
compliance in any way with the
taws of other countries refacing to
insurance.
G. WAIVER OF DEDUCTIBLE — GLASS
The following is added to Paragraph D.,
Deductible, of SECTION III — PHYSICAL
DAMAGE COVERAGE:
No deductible for a covered "auto" will
apply to glass damage if the glass is
repaired rather than replaced.
H. HIRED AUTO PHYSICAL DAMAGE —
LOSS OF USE — INCREASED LIMIT
The following replaces the last sentence of
Paragraph A.4.b., Loss Of Use
Expenses, of SECTION III — PHYSICAL
DAMAGE COVERAGE:
However, the most we will pay for any
expenses for loss of use is $65 per day, to
a maximum of $750 for any one
"accident".
Named Insured. MtcbdCorporation, et at
Carrier- Travelers Indemnity Company
Policy No. orwmsseooxav
uocD^zcy: o/1/14 -*/z115
|. PHYSICAL DAMAGE —
TRANSPORTATION EXPENSES —
INCREASED LIMIT
The following replaces the first sentence in,
Paragraph 4/4.a.' Transportation
Expenses. of SECTION U| —PHYSICAL
DAMAGE COVERAGE:
We will pay up to $50 per day to s
maximum of $1.500 'or temporary
transportation expense incurred by you
because of the tcuo| theft of a covered
''auto''ofthe private passenger type,
J. PERSONAL EFFECTS
The following isadded m Paragraph A��.
Coverage Extensions, of SECTION |U —
PHYSICAL DAMAGE COVERAGE:
Personal Effects
We will pay up to S400 for "loss" to
wear ng apparel and other personal
effacts,which are:
(1) Owned tyan"insured"; and
(2) |noronyour covered ^auto~
This coverage applies only in the event of
atotal theft cfyour covered ~autu"
No deductibles apply to this Personal
Effects coverage.
The following isadded to Paragraph El3..
Exclusions, of SECTION HI—PHYS|CAL
DAMAGE COVERAGE:
Exclusion 3.a' does not apply to ''\oms^ to
one ormore airbags in aoovered `smo"
you own that inflate due to acause other
than a cause of "loss" set forth in
Paragraphs /\.I.b.and A.1.c,but only:
a. If that 'auu+' is a covered ''auto" for
Comprehensive Coverage under this
policy;
b. The airbags are not covered under
any warranty�and
c. The airbags were not inLendona||y
Wewill pay uptoamaximum ofS1.000for
any one ^loua
L' NOTICE AND KNOWLEDGE OF
ACCIDENT ORLOSS
cA7]s03m
The following is added to Paragraph
A.z.m, of SECTION D/ — BUSINESS
AUTO CONDITIONS:
Your duty to give us or our authorized
representative prompt notice of the
"accident" or "loss" applies only when the
^acoident'or^|oas^isknown to:
(a) You (if you are anindividuaV;
(b) Apartner (if you are apartnersh'p>;
(c) A men:ber(ifyou are a limited liability
oompany)�
(d) An executive offioer, director or
insurance manager (if you are a
corporation orother organizohon);or
(e) Any 'emp|oyee" authorized byyou to
give notice ofthe ''aooidemt"or''loas^
M. BLANKET WAIVER OF SUBROGATION
The following replaces paragraph A.5,
Transfer Of Rights Of Recovery Against
Others To Oa. of SECTION |V —
BUSINESS AUTO CONDITIONS:
5' Transfer Of Rights Of Recovery
Against Others ToUs
We waive any right of recovery we
may have against any person or
organization to the extent required of
you by a written contract signed and
executed prior to any "accident" or
^bsa^. provided that the "accident" or
"loss" ahoca out of operations
contemplated by auoh contract. The
waiver applies only to the person or
organization designated in such
contract.
N. UNINTENTIONAL ERRORS OR
OMISSIONS
The faUowingisadded toParagraph B.2,
Concealment, KAisnapmesentadon, Or
Fraud, of SECTION |\/ — BUSINESS
AUToCOND|TK3N&
The unintentional omission of, or
unintentional error in, any information
given byyou snail not prejudice your rghua
under this insurance. However this
provision does not affect our right to
collect additional premium orexercise our
right ofcancellation ornon-nanewa|
�,1%t+x+
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
4 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
originals from contractor.
3
Contracting Department
Agendize contractor -signed agreement for
Council approval, if Council approval
necessary (as defined by City Attorney/City
!P/ '
Ordinance*).
'
4
City Attorney
Review and approve form of agreement;
bonds, and insurance certificates and
endorsements.
;A.
8.
5
City Manager / Mayor / or
Agreement executed by Council authorized
f
Department Head
official.
6
City Clerk
City Clerk attests signatures, retains original
agreement and forwards copies to the
contracting department.
cs.
To be completed by Contracting Department:?,��
Project Manager: s Project Name:
Agendized for City Council Meeting of (if necessary):'
f t
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.
CITY OF SAN RAFAEL
r •�111
iir r'r. ' •',r
INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT,
ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY.
SRRA / SRCC AGENDA ITEM NO.
DATE OF MEETING: 12/15/14
FROM: Jim Schutz
DEPARTMENT: MS
DATE: December 5, 2014
TITLE OF DOCUMENT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
KITCHELL FOR PROJECT MANAGEMENT AND PRE -CONSTRUCTION SERVICES RELATED TO THE
ESSENTIAL FACILITIES STRATEGIC PLAN (TERM OF AGREEMENT JANUARY 1, 2015 THROUGH
JUNE 30, 2015, WITH A TOTAL BUDGET AMOUNT NOT TO EXCEED $93,680)
(LOWER HALF OF FORM FOR APPROVALS ONLY)
APPROVED AS COUNCIL/ AGENCY
AGE ITEM:I
,City Manaer (signature)
NOT APPROVED
REMARKS:
APPROVED AS TO FORM:
City Attorney (signature)