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HomeMy WebLinkAboutA6133 - KITCHELL CEM INC OWNERS REP FOR VARIOUS CITY PROJECTSAeRo• CERTIFICATE OF LIABILITY INSURANCE I DATE (MM,00/YYYY) 5/30/2025 ~ 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 pollcy(les) must have ADDITIONAL INSURED provisions or 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 lleu of such endorsement(s). PRODUCER ~~~t'-' IMA Certificate Team IMA, Inc. -Kansas C1% PHONE-------,FAX 11350 Switzer Rd, Su te 200 ,.,,. .... ., .. ,. IAIC. Nol : Overland Park KS 66210 RECEIVED ~~~ct_... certificates@.imacoro com f"' ,_ ____ INSUREJ!{S} AFFORDING CO.:!'ERAGE ____ ..., NAICI -INSURER A : National Fire Insurance Comoanv of Hartford 20478 INSURED ,u INSURERS: Kitchell Corporation ] 0 202,1TCCOR01 r---------- 1707 E H ighl and Ave, Ste 100 INSJ,IRER C :_ - Phoenix, AZ 85016 OFFICE OF THE CITY CLEi ,~,URERD . I -INSURER E-2._ INSURE R F: COVERAGES CERTIFICATE NUMBER · 912282154 REVISION NUMBER · THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS IN~R ~~o.?.!-1~~ r;.POU~EFF JiPOLl~EXP T -LR TYPE OF INSURANCE POLICY NUMBER MM.1> YVY MM/0 YYYl Lit.ITS =tCOMMER CIAL GEHERAl LIAIIIUTY I I I I L~c1-1 occuRRENCE $ ~ Cl.AIMS-MADE r 1 OOCUR OAMAGETon=icu ~ BEMISES~rr..,,...,., $ -----ED EXP IMY one pereon) $ - ~--------t PERSO"IAL & AOV INJURY $ - GEN'L AGGREGATE LIMIT APP\.IES PER . GENERAL AGGREGATE $ =l POLICY LJ ~~ []Loe j PROD~TS • COMP/OP A;; $ - OTHER $ A AUTOMOBILE LIABILITY 7014861826 6/1'2025 6/1'2026 ~OM8INEO SINGLE LIMIT $5,000.000 )(' ANYAUTO ...,_~a IC_gdentL _ -BODILY INJURY (Per pe..on) s -OWNED E SCHEDULEO ... -BODILY l"lJURY {Pe, acc,dent) $ --AUTOS ONLY AUTOS X HIRED NON OWNED rPROP~R DAMAGE $ -AUTOS ONLY AUTOS ONLY lP.,, •ntl I I $ 7 UM8RELU UAB H OCCUR ~ EACl-1 OCCURRENCE $ EXCESSUAB AGGREGATE_ ..L ..........J. Cl.AIMS MADE ---I OED I I RETENTIO'I s $ WORKERS COMPENSATION I u ~;JVTE L lf~":...._ ANO EMl'I.OYERS' LIABILITY YI N --ANYPROPRIETORIPARTNER/EXECUTIVE □ N I A i EJ::._EACl-1 ACCIDEN_T __ $ OFACER·MEMBEREXCLUOEO? (Mandatory In NH) I E .b..QISEASE • EA EMP\.OYEE $ I ~i;;~~ ~ERATIONS below I E.L. DISEASE • POLICY LIMIT $ A l Aulomot,. • Ph)'9bl D■m■g■ I 7014861826 6/1'2025 6/1'2026 Comp'll>■nsive 0.d $1 000 I I Coll·slon Deductible $1 ,000 I I I I DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES (ACORD 101, Addlllonal "-"-rkl Schedule, m,y ti. llllched II mor• apeoa la r-«1Uhd) Certificate Holder and all other parties required by the contract are included as Add1bonal Insured on the Automobile L1ab1hty Policy 1f requ,red by written contract or agreement, subject to the policy terms and condrtlons This Insurance ,s Pnma,y & Non-Contributory on the Automobile Liabilrty Policy, if required by wntten contract or agreement, subject to the policy tem,s and conditions. A Waiver of Subrogabon Is provided in favor of Certificate Holder and all other parties required by the contract on the Automobile L1ab1hty Polley , 1f required by written contract or aQ(eement, subject to the policy terms and conditions. Automobile Liability Coverage includes 30 day notice of cancellation, subject to the terms and conditions of the policy. Certificate Holder and all other parties required by the contract are included as Loss Payee on the Automobile Physical Damage Coverage , 1f required by wntten contract or agreement, subject to the poll~ terms and conditions RE Profess,onal Seivlces Agreement F ac llty Construction Owner Representabve SefVlces. CERTIFICATE HOLDER City of Palm Springs 3200 E . Tahquitz Canyon Way Palm Springs CA 92262 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. AUTHORIZEDREPRESENTATIV! 3?~✓w.J- ~ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 3669: 2 ' PROFESSIONAL SERVICES AGREEMENT Facility Construction Owner Representative Services THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement") is entered into, and effective on 201L between the CITY OF PALM SPRINGS, a California charter city and mu pal corporation, ("City") and Kitchell CEM, Incorporated, a California Corporation, ("Consultant"). City and Consultant are individually referred to as "Party" and are collectively referred to as the"Parties". RECITALS A. City has determined that there is a need for on-call professional Facility Construction Owner Representative Services for a variety of potential upcoming city facility construction related projects("Project"). B. Consultant has submitted to City a proposal to provide on-call professional Facility Construction Owner Representative Services to City for the Project under the terms of this Agreement. C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement. D. City desires to retain Consultant to provide such professional services. In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows: AGREEMENT 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit "A" (the "Services" or "Work") , which is attached and incorporated by reference. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work and Services contemplated and, in light of such status and experience, Consultant covenants that it shall follow the highest professional standards in the Work and Services required in this th Agreement. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized as high quality among well-qualified and experienced professionals performing similar work under similar circumstances. 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2)the Scope of Services; (3) the City's Request for Proposals; 1 Revised: 6/16/10 720669.1 ORIGINAL BID ANWR AGREEMENT and, (4) the Consultant's signed, original proposal submitted to the City ("Consultant's Proposal"), (collectively referred to as the "Contract Documents"). The City's Request for Proposals and the Consultant's Proposal, which are both attached as Exhibits `B" and "C", respectively, are incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Consultant's Proposal. All provisions of the Scope of Services, the City's Request for Proposals and the Consultant's Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents,the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (I")the provisions of the Scope of Services (Exhibit "A"); (2"d)the provisions of the City's Request for Proposal (Exhibit `B"); (3`d) the terms of this Agreement; and, (0) the provisions of the Consultant's Proposal (Exhibit "C,> 1.3 Compliance with Law. Consultant warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. 1.4 Licenses, Permits. Fees, and Assessments. Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the tern of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement. Consultant shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Cam. _ 1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components to prevent losses or damages. Consultant shall be responsible for all such damages,to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence. 2 Revised: 6/16/10 7206A 1 o 2.s1W 1.7 Further Responsibilities of Parties. Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Consultant, incorporating any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement. Any adjustments must also be approved in writing by the Consultant. Any increase in compensation of up to twenty-five percent (25%) of the Maximum Contract Amount or$25,000, whichever is less, or in the time to perform of up to thirty (30) days, may be approved by the City Manager, or his designee, as may be needed to perform any extra work. Any greater increases, occurring either separately or cumulatively, must be approved by the Palm Springs City Council. It is expressly understood by Consultant that the provisions of this section shall not apply to the services specifically set forth or reasonably contemplated within the Scope of Services. 2. COMPENSATION 2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit "D" and incorporated in this Agreement by reference. Compensation shall not exceed the maximum contract amount of Twenty Five Thousand Dollars, ($25,000) ("Maximum Contract Amount"), except as may be provided under Section 1.8. The method of compensation shall be as set forth in Exhibit "D." Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated under Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Consultant at all Project meetings reasonably deemed necessary by the City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Consultant accepts the risk that the services identified in the Scope of Services may be more costly and/or time-consuming than Consultant anticipates, that Consultant shall not be entitled to additional compensation, and that .the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. The maximum amount of city's payment obligation under this section is the amount specified in this Agreement. If the City's maximum payment obligation is reached before the Consultant's Services under this Agreement are completed, Consultant shall complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount. 2.2. Method of Payment. Unless another method of payment is specified in the Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive payment, Consultant shall submit to the City an invoice for services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City's Finance Director and must be 3 Revised: 6/16/10 720669.1 submitted no later than the tenth (10) working day of such month. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five(45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month. 2.3 Chanees in Scope. In the event any change or changes in the Scope of Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily fiunished in accordance with generally accepted practice in Consultant's profession. 2.4 _Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City. 3. SCHEDULE OF PERFORMANCE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon attached Schedule of Performance (Exhibit "B"), incorporated by reference. 3.2 Schedule of Performance. Consultant shall commence the Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension. 3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered under this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted) if Consultant, within ten (10) days of the commencement of such delay, notifies the Contract Officer in writing of the causes of the delay. Unforeseeable causes include, but are not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City. The City Manager shall ascertain the facts and the extent of delay, and extend the time for 4 Revised: 6/16/10 720669.1 performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement under this section. 3.4 Term. Unless earlier terminated under this Agreement, this Agreement shall commence upon the effective date of this Agreement and continue in full force and effect until completion of the Services. However, the term shall not exceed one (1) year from the commencement date, except as otherwise provided in the Schedule of Performance described in Section 3.2 above. Any extension must be through mutual written agreement of the Parties. 3.5 Termination Prior to Expiration of Term. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Consultant thirty (30) days written notice. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare,the period of notice shall be such shorter time as may be determined by the City. Upon such notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless stated otherwise in the notice or by written authorization of the Contract Officer. After such notice, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement under this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. Consultant may terminate this Agreement, with or without cause, upon sixty(60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Consultant may determine. 4. COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement: Russell A. Fox, President/Principal-in-Charge, It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, 720669.1 5 Revised: 6/16/10 were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign full or partial performance of this Agreement, nor any monies due, voluntarily or by operation of law, without the prior written consent of City. Consultant shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest in this Agreement may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted in this Agreement shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer„ including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability under this Agreement without the express written consent of City. 4.4 Indenendent Contractor, The legal relationship between the Parties is that of an independent contractor, and nothing shall be deemed to make Consultant a City employee. A. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant. _ B. Consultant shall not have any authority to bind City in any manner. This includes the power to incur any debt,obligation, or liability against City. C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City 6 Revised: 6/16/10 720669.1 shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Consultant's officers, employees, servants, representatives, subcontractors, or agents, Consultant shall indemnify City for all such financial obligations. 5. INSURANCE 5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, the insurance described below. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Consultant's performance of Work under this Agreement, including Consultant's agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows: A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. (1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification under (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement- (2) If the policy of insurance is written on a "claims made" basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the present or new carrier or other insurance arrangements providing for complete 720669.1 7 Revised: 6/16/10 coverage, either of which shall be subject to the written approval by the City Manager. (3) In the event the policy of insurance is written on an `occurrence" basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement. B. Workers' Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars. E. Emblover Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease. 5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self- insured retentions in excess of$10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as evidence of Consultant's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of$10,000. 8 Revised: 6/16/10 720669.1 5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant under this Agreement: 5.3.1 For any claims related to this Agreement, Consultant's coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. 5.3.2 Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers. 5.3.3 All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage. 5.3.4 No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement_(e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing. 5.3.5 Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant's obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement. 5.3.6 Consultant agrees to ensure that subcontractors, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review. 9 Revised: 6/16/10 720669.1 5.3.7 Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard. 5.3.8 Consultant shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten(10)days prior to expiration of the lapsing coverage. 5.3.9 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 5.3.10 The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section. 5.3.11 Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right(but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims. 5.3.12 Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant's activities or the activities of any person or person for which the Consultant is otherwise responsible. 5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances. 10 Revised: 6/16/10 720669.1 5.5 Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or(2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured... " ("as respects City of Palm Springs Contract No._" or 'for any and all workperformed with the City"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self-- insurance the City may have..." ("as respects City of Palm Springs Contract No._" or '!for any and all workperformed with the City"may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named" Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. 11 Revised: 6/16110 720669.1 6. INDEMNIFICATION 6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties'), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively"Claims'), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability under this Agreement. Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 6.2 Desien Professional Services Indemnification and Reimbursement. If the Agreement is determined to be a "design professional services agreement" and Consultant is a "design professional"under California Civil Code Section 2782.8, then: A. To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually"Indemnified Party"; collectively"Indemnified Patties") against any and all liabilities, claims,judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively"Claims'), including but not limited to Claims arising from injuries or death of persons (Consultant's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or willful misconduct of Consultant, its agents, employees, or subcontractors, or arise from Consultant's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials, officers, employees, agents and volunteers. B. The Consultant shall require all non-design-professional sub-contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub- section 6.1 in favor of the Indemnified Parties. In addition, Consultant shall require all non- design-professional sub-contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the 7ioecv.i 12 Revised: 6/16/10 Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. 7. REPORTS AND RECORDS 7.1 Accountine Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports conberning the performance of the Services required by this Agreement, or as the Contract Officer shall require. Consultant acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed under this Agreement. For this reason, Consultant agrees that Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the contemplated Work or Services. If Consultant is .providing design services, Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services. 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all resulting damages. Consultant may retain copies of such documents for their own use. Consultant shall have an unrestricted right to use the concepts embodied tin this Agreement. Consultant shall ensure that all its subcontractors shall provide for assignment to City of any documents or materials prepared by them. In the event Consultant fails to secure such assignment, Consultant shall indemnify City for all resulting damages. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. 13 Revised: 6/16/10 72%69.1 7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant's performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. S. ENFORCEMENT OF AGREEMENT 8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 8.3 Default of Consultant. Consultant's failure to comply with any provision of this Agreement shall constitute a default. A. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten(10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City's right to terminate this Agreement without cause under Section 3.5. B. If termination is due to the failure of the Consultant to fulfill its 14 Revised: 6/16110 720669.1 obligations under this Agreement, City may, after compliance with the provisions of Section 8.3A, take over the work and prosecute the same to completion by contract or otherwise. The Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant's liability for completion of the Services as provided in this Agreement. 8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions. 8.5 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to compel specific performance"of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. 15 Revised: 6/16/10 720669.1 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non-liability of City Officers and Emnlovees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of the City shall have any direct or indirect financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects their financial interest or the financial interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, or national origin. Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Convright Infringement. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise: A. It is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant's expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or 720669.1 16 Revised: 6/16/10 claim, provided, however, that such defense shall be at Consultant's expense. Consultant shall not be obligated to indemnify City under any settlement that is made without Consultant's consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto. 10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing. All notices shall be personally delivered, sent by prepaid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of(i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or(iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: To Ci City of Palm springs Attention: City Manager&City Clerk 3200 E. Tahquitz Canyon Way Palm springs, California 92262 Telephone: (760) 323-8204 Facsimile: (760) 323-8332 To Consultant: Kitchell CEM, Incorporated Attention: Russell A. Fox, President 2910 East Inland Empire Blvd. Suite 100 Ontario, CA 91764 Telephone: 909-724-4119 Facsimile: 909-466-0232 10.3 Integrated Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement. 10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of 17 Revised: 6/16/10 720669.1 competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 10.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 10.8. Coruorate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. 18 Revised: 6/16/10 720669.1 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: AVL . 201i B " ' David H. Ready City Manager Not ToExcee( aaa Without The Express Written APPROVED AS TO FORM: ATTEST Authorization Of The City Manager. By: :?am Dougl C. Holland, es Thompson City ttomey ty Clerk APPROVED BY CITY MANAGER Date: Agreement No. Corporations require two notarized signatures. One signature must be from Chairman of Board,President,or any Vice Presidmt. The second signature must be from the Secretary,Assistant Seaetary,Treasurer,Assistant Treasurer,or Chief Financial Office. CONSULTANT NAME: Check one_Individual_Partnership�Corporation Address O w Mt�t U CeA (7 6 q By 'B signature(Notarized) gnature o ) 19 Revised: 6/16/10 720669.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California OourdyOf �AGEY�n CYt a on before me, lc�1�&P L-E tM tt L. o w�a Nx—rz 2 Q Orie Nae Nome WTw W gaeer personaly appeared 9-A. t-bEu_ A ri-oY- G n r0 C t._ors OEM who prow to me on the basis of satisfactory evidence to be the person(s)whose nams(s)jsfare subscribed to the within instrument and adsootwedged to me that gaklaeAhey etncuted the same in hiallw heir authorized capaciVies),and that by hfa�sW"i5o(s)on the instrumerd the psrson(s), or the entity upon behalf of DIMPLE M. DULLABH c which the person(s)aped,ewecuted the instrument. N Couw.# t793744 NUTARf$ACMMFUC-COIINn NIA I certify under PENALTY'OF PERJURY under the laws far Cow.Ern.MR-1i1 of the State of Calfforrila.that the foregotng paragraph Is to a and correct. VVITNESS my hand and vn�aaonne•r aewc Signature OPTIONAL 7hmo Sm*zftnl Wt60bW&r&Nqu#Wty I=Bmaymm 4'e ropanmrss n>(fayon tha doormeng arid awddpvwj9rraem5tentmmootodmz eafnrusrt of Vim SAm to armthwd"nea _. _ : �clPrFoncd:/T�lk -poaxarttent Tide or Type of document: I)acwnerA Date: Ntxnbsr of Page Signer(s)Cd>st Than Named Ahowe: CapaclWes)Clatmed by Signer(s) Sjg Nemec Signers Name: 0 Individual 0 IndMdual 0 CapoiafeENdosr-Trwej - ❑Corporate Ofter-7Tde(s): 0 Partner-0 urn 0 General 0 Partner-0 UrAad 0 General E3 Attorney in Fact 0 Attorney in Fact 0 Trustee rare ©Tnates Top amtmwhaa Q Guardian or Conservator. ❑Guardian or Conservator 0 Other. ❑4rt 1 Sprier Is Repremau Signer Is Represerrding: osaorwr�aorery.tnoa�am�o�ottaswow+,rro�tro2•a,�.mn.ans+aeae•� ed�ar keaaercetxrynnsaacaMeeEa 20 Revised: 6/16/10 720669.1 EXHIBIT "A" SCOPE OF SERVICES The SCOPE OF SERVICES and principal responsibilities may include, but are not limited to, the following: (`all services may or may not be necessary on each project) 1. Coordinate Design Team and other consultant selection for each project. 2. Coordinate efforts of the selected design team and constructability reviews for each project. 3. Report regularly, verbally and in writing (including Staff Reports) to the City management and Council on status of projects. 4. Coordinate the flow of information between the design team members and the City on each project. 5. Attend meetings of city advisory boards and the City Council when said meetings relate to projects covered by this contract. 6. Conduct regular meetings of the design team and City for each project. 7. Verify and approve the accuracy of all bid specifications and associated documents and assist during the bidding phase of each project, analyze and verify bid results, including the processing and approval of the construction contract documents and working with the City Attorney and all internal City departments as needed. 8. Regularly review the schedule and budget during construction, keeping each project on time and within budget. 9. Make regular visits to the construction site(s) to review progress and handle onsite concerns. 10. Maintain project files concerning each project's finances, correspondence and detailed records, also respond to all Requests For Information or Public Records Requests in a timely fashion and in compliance with all applicable laws and regulations. 11. Review all proposed project changes and recommend to City appropriate courses of action, and process all necessary documents, including construction Change Orders, for any approved changes for each project. 12. Participate in weekly construction site meetings for each project. 13.Submit invoices monthly with detailed account of staff hours attributed to specific project billings with all staff hours attributed to project. Use City provided project numbers or identifiers so that each project can be separately accounted for. 14. Review all payment requests, verify and confirm accuracy and resolve any discrepancies, and make recommendations to the City for payment processing. 15. Continually work to build a mutually supportive team throughout design and construction of each project. 16. Cooperate, coordinate and communicate with all internal City departments as necessary, following all City procedures and complying with all applicable ordinances, regulations and laws for the successful completion of each project. It will be the responsibility of the successful firm or consultant to determine the necessary staffing level required to perform the scope of service. The City will NOT provide dedicated work space or office space, city staff or city resources, printing or copying services, or clerical assistance in the performance of this agreement. The City reserves the right to perform any portion of the scope of work with City personnel and/or by other Consultants. Material testing, survey and building inspection services are NOT part of the scope of services under this agreement and will be contracted for separately as needed. The successful firm or consultant will, however, be required to work closely with and coordinate these efforts with the contracted firms providing such services on each project. Schedule network analysis is NOT part of the scope of services, however the successful firm or consultant will be required to monitor on behalf of the City the progress of any and all performance schedules as they relate to the construction projects. 21 EXHIBIT 'B" CITY'S REQUEST FOR PROPOSALS CITY OF PALM SPRINGS, CA NOTICE INVITING REQUEST FOR PROPOSALS For FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES (RFP 09-11) NOTICE IS HEREBY GIVEN that Request for proposals (RFP 09-11), for providing Facility Construction Owner Representative Services for the City of Palm Springs, CA will be received at the Office of Procurement & Contracting, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs, California, until 3:00 P.M. Local Time, MONDAY, FEBRUARY 7, 2011. Proof of receipt before the deadline is a City of Palm Springs, Division of Procurement and Contracting time/date stamp. It is the responsibility of the Proposer to see that any proposal sent through the mail, or by any other delivery method, shall have sufficient time to be received by the Procurement Office prior to the proposal due date and time. Note that City Hail is open Monday thru Thursday and is closed every Friday , weekends and holidays. Late proposals will be returned unopened. DESCRIPTION OF WORK: The work is comprised of providing on-call, as-needed professional facility Construction Owner Representative services in support of potential City of Palm Springs facility capital improvement projects. OBTAINING RFP DOCUMENTS AND REGISTRATION: The RFP document may be downloaded via the internet at the following direct page link hftp://www.i)almsprinas-ca.gov/index.aspx?pacje=85 (or by visiting www.oalmsoringsca.00v and clicking on Government, then Departments, then Procurement and then open Bids and Proposals). Upon downloading the document it is IMPERATIVE that you contact Cheryl Martin, Procurement Specialist I, via email at CheM.Martiriftalmspringsca.aov or by phone at (760) 322-8373 to officially realster for this specific project with your company name, address, phone, fax, contact person and email address. Failure to officially register may result in not receiving addenda to the RFP. Failure to acknowledge addenda to the RFP may render your proposal as non-responsive. SELECTION PROCESS AND AWARD OF CONTRACT: This solicitation has been developed in the Request for Proposals (RFP) format. Accordingly, firms should take note that multiple factors as identified in the RFP will be considered by the Evaluation Committee to determine which proposal best meets the requirements set forth in the RFP document. PRICE IS NOT EVALUATED AS PART OF THE EVALUATION CRITERIA. The City reserves the right to negotiate the terms and conditions of any resulting contract. Final contract award, if any, will be made by the Palm Springs City Council. The selected firm will be required to comply with all insurance and license requirements of the City. All expenses associated with the preparation, submission of an RFP proposal to the City, or participation in any presentations, interviews or any other element of the RFP process shall be the sole financial responsibility of the Proposer. Craig L. Gladders, C.P.M. Procurement and Contracting Manager January 6, 2011 22 OF PALM s •� yY�A��y r (`y�'FORN�p CITY OF PALM SPRINGS, CA REQUEST FOR PROPOSALS#09-11 FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES Request for proposals (RFP 09-11), for as needed, on-call, Facility Construction Owner Representative Services to the City of Palm Springs, CA will be received at the Office of Procurement & Contracting, 3200 East Tahquitz Canyon Way, Palm Springs, California, until 3:00 P.M. LOCAL TIME, MONDAY, FEBRUARY 7, 2011. It is the responsibility of the Proposer to see that any proposal sent through the mail, or any other delivery method, shall have sufficient time to be received by this specified date and time. The receiving time in the Procurement Office will be the governing time for acceptability of RFP proposals. Telegraphic, telephonic, faxed, emailed or other electronic or media transmission of RFP proposals will not be accepted. Late RFP proposals will be returned unopened. Failure to register as a Proposer to this RFP process per the instructions in the Notice Inviting Request for Proposals (under "Obtaining RFP Documents") may result in not receiving Addenda or other important information pertaining to this process. Failure to acknowledge Addenda may render a proposal as being non-responsive. We strongly advise that interested firms officially register per the instructions provide in the Notice. 1. BACKGROUND INFORMATION AND GENERAL DESCRIPTION To clarify, this solicitation is NOT for Construction Management Services, nor for Architectural, Design or Engineering Services. The City will seek qualified firms under separate solicitations for Construction Management, Architectural, Design and Engineering Services at the appropriate time when a specific project warrants such services. The purpose of this solicitation is for the City to have, as the owner, as needed, on-call representation that will oversee and facilitate multiple construction projects on behalf of the City and to act as the City's liaison. The City of Palm Springs is a Charter City in eastern Riverside County, CA with a population of over 48,000. The City owns and operates Palm Springs International Airport (PSP) as well as many other public facilities within the community such as the Convention Center, Visitors Center, Downtown Parking Structure, and Library, to name a few. Over the next several years the City contemplates potential construction of new facilities as well as the remodel and expansion of existing facilities. Examples of the types of projects that may be contemplated under this contract for construction owner representative services may include, but are not limited to, the following: main library remodel or expansion; new parking garage; new fire station; park concession stand remodel; computerized park irrigation and lighting control system; stadium remodel; new pool equipment enclosure; and at the Airport a remodel of the car rental counters, boiler system replacement, escalator replacement, desert landscaping conversion, old hangar demolition and demolition of car rental service facilities including UST removal. Note that projects at PSP would not include federally funded FAA capital improvement projects under this contract. Cost estimates for any of the potential projects listed above are not available at this time as these projects are not yet approved. 23 2. PROJECT OBJECTIVE AND SCHEDULE The objective of this solicitation is to hire a firm or individual to provide, on an as-needed basis, professional facility Construction Owner Representative Services that will oversee and facilitate multiple construction projects on behalf of the City and to act as the City's liaison. Facility Construction Owner Representative consulting services are expected to be required over the next five-year period and a contract shall be negotiated for whatever term is determined to be in the best interests of the City. During the actual construction of facilities the services sought may be on a full time. basis, while during the design and bidding phases of projects the required services may be limited to hourly services. RFP SCHEDULE Notice for Request for proposals posted and issued ..........................Thursday, January 6, 2011 Deadline for receipt of Questions.............................. 3:00 P.M., Thursday, January 27, 2011 Deadline for receipt of Proposals................................. 3:00 P.M., Monday, February 7, 2011 Short List/ Interviews, 7 desired by City........................................................... to be determined Contract awarded by City Council..................................... ...............................to be determined NOTE., There will NOT be a pre-proposal conference for this procurement. *Dates above are subject to change. 3. SCOPE OF SERVICES The SCOPE OF SERVICES and principal responsibilities may include, but are not limited to, the following: (*all services may or may not be necessary on each project) 17. Coordinate Design Team and other consultant selection for each project. 18. Coordinate efforts of the selected design team and constructability reviews for each project. 19. Report regularly, verbally and in writing (including Staff Reports)to the City management and Council on status of projects. 20. Coordinate the flow of information between the design team members and the City on each project. 21.Attend meetings of city advisory boards and the City Council when said meetings relate to projects covered by this contract. 22. Conduct regular meetings of the design team and City for each project. 23. Verify and approve the accuracy of all bid specifications and associated documents and assist during the bidding phase of each project, analyze and verify bid results, including the processing and approval of the construction contract documents and working with the City Attorney and all internal City departments as needed. 24. Regularly review the schedule and budget during construction, keeping each project on time and within budget. 25. Make regular visits to the construction site(s) to review progress and handle onsite concerns. 26. Maintain project files concerning each project's finances, correspondence and detailed records, also respond to all Requests For Information or Public Records Requests in a timely fashion and in compliance with all applicable laws and regulations. 27. Review all proposed project changes and recommend to City appropriate courses of action, and process all necessary documents, including construction Change Orders, for any approved changes for each project. 28. Participate in weekly construction site meetings for each'project. 29. Submit invoices monthly with detailed account of staff hours attributed to specific project billings with all staff hours attributed to project. Use City provided project numbers or identifiers so that each project can be separately accounted for. 24 30. Review all payment requests, verify and confirm accuracy and resolve any discrepancies, and make recommendations to the City for payment processing. 31. Continually work to build a mutually supportive team throughout design and construction of each project. 32. Cooperate, coordinate and communicate with all internal City departments as necessary, following all City procedures and complying with all applicable ordinances, regulations and laws for the successful completion of each project. It will be the responsibility of the successful fine or consultant to determine the necessary staffing level required to perform the scope of service. The City will NOT provide dedicated work space or office space, city staff or city resources, printing or copying services, or clerical assistance in the performance of this agreement. The City reserves the right to perform any portion of the scope of work with City personnel and/or by other Consultants. Material testing, survey and building inspection services are NOT part of the scope of services under this agreement and will be contracted for separately as needed. The successful firm or consultant will, however, be required to work closely with and coordinate these efforts with the contracted firms providing such services on each project. Schedule network analysis is NOT part of the scope of services, however the successful firm or consultant will be required to monitor on behalf of the City the progress of any and all performance schedules as they relate to the construction projects. 4. PRIOR CITY WORK If your fine has prior experience working with the City DO NOT assume this prior work is known to the evaluation committee. All firms are evaluated solely on the information contained in their proposal, information obtained from references, and presentations if requested. All proposals must be prepared as if the evaluation committee has no knowledge of the firm, their qualifications or past projects. 5. SELECTION PROCESS AND EVALUATION CRITERIA The City of Palm Springs is utilizing a Qualifications Based Selection process to select a finn to provide the professional services requested by this RFP. The City shall review the proposals submitted in reply to this RFP, and a limited number of firms may be invited to make a formal presentation at a future date, if desired by the City. The format, selection criteria and date of the presentation will be established at the time of short listing. Preparation of proposals in reply to this RFP, and participation in any future presentation is at the sole expense of the firms responding to this RFP. This solicitation has been developed in the "Request for Proposals" (RFP) format. Accordingly, firms should take note that the City will consider multiple criteria in selecting the most qualified firm. Consistent with Federal, State and Local laws for the acquisition of professional services, price is NOT an evaluation criteria. Cost proposals submitted in separate sealed envelopes are not opened, nor considered during proposal evaluations. Upon selection of the most qualified firm, the associated cost proposal will be used as a basis for contract negotiations. A contract shall be negotiated on the basis of the submitted Cost Proposal, and in consideration of reasonable and mutually agreed project costs and time requirements. Should successful negotiations not occur with the highest ranked firm, the City may, at its sole discretion, choose to enter into negotiations with the second highest ranked firm, and so on. Firms are requested to submit their proposals so that they correspond to and are identified with the following specific evaluation criteria: A. Firm Qualifications, Experience and Background (35 POINTS): B. Understanding of Construction Owner Representative Services and work plan approach/methodology(35 POINTS): C. References and Experience with Projects of Similar Size and Scope (25 POINTS): 25 D. Local Expertise Demonstrated on the Team (5 POINTS): Firms that qualify as a Local Business, or employ local sub-consultants, and submit a valid business license as more fully set forth in Section D.1 below, pursuant to the City of Palm Springs Local Preference Ordinance 1756). The full local preference, five (5) points, will be awarded to those that qualify as a Local Business. Two (2) points will be awarded to a non-local business that employs or retains local residents and/or firms for this project. Non-local firms that do not employ or retain any local residents and/or firms for this project shall earn zero (0) points for this criteria. 6. PROPOSAL CONTENTS AND SPECIAL CONDITIONS Firms are requested to format their proposals so that responses correspond directly to, and are identified with, the specific evaluation criteria stated in Section 5 above. The proposals must be in an 8 % X 11 format, may be no more than a total of twenty five (25) pages (sheets of paper, double sided is O/Q, including an organization chart, staff resumes and appendices, and cover letter. NOTE: Dividers, Attachment "A" , Addenda acknowledgments, and the Cost Proposal (*in a separate sealed envelope) do NOT count toward the 25 page limit. Interested firms shall submit SIX (6) copies (one marked "Original" Plus five copies)of its proposal by the deadline. All proposals shall be sealed within one package and be clearly marked, " RFP #09-11, REQUEST FOR PROPOSALS FOR FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES". Within the sealed proposal package, the Cost Proposal shall be separately sealed from the Qualifications/Work Proposal. Proposals not meeting the above criteria may be found to be non-responsive. Each proposal package must include two separately sealed envelopes: ENVELOPE #1, clearly marked "Qualifications/Work Proposal", shall include the following items: • Completed Signature authorization and Addenda Acknowledgment(see Attachment A) • Your response to the evaluation Criteria A through D as provided below. ENVELOPE#2, clearly marked"Cost Proposal', shall include the following item: • List the hourly rate (or other rates as they may apply) for pre-construction services for all work performed at the request of the City. • List the flat monthly rate (or other rates as they may apply) for construction projects that are assigned to the firm. The monthly rate would commence on the date that.the City Council awards the construction contract for the specific project and shall continue for sixty(60)days following the recording of the Notice of Completion for the specific project. • List any reimbursable expenses the City may incur. • List any additional costs such as drive time, that the City may incur in conjunction with the performance of Construction Owner Representative Services. • Do NOT include Attachment "A" in the Cost Proposal envelope. Attachment "A" is to be included in Envelope#1, Qualifications/Work Proposal. At a minimum, firms must provide the information identified below. All such information shall be presented in a form that directly corresponds to the numbering scheme identified below. SECTION A: FIRM QUALIFICATIONS, PROJECT TEAM, EXPERIENCE AND BACKGROUND A.1 State your firm's complete name, type of firm (individual, partnership, corporation or other), telephone number, FAX number, contact person and E-mail address. If a corporation, indicate the state the corporation was organized under. 26 A.2. State the name and title of the firm's principal officer with the authority to bind your company in a contractual agreement. A.3 Describe your firm's background and qualifications in the type of effort that this project will require, specifically identifying experience with providing construction owner representative services for public agencies. AA List the name, qualifications and availability of the key staff/team members that will be assigned to this project. Provide detailed qualifications of the lead Representative or Project Manager that will be assigned to this project. A.5 Indicate the name of any sub-consultant firms that will be utilized to make up your team. Describe each sub-consultant's background and specific expertise that they bring to this project, SECTION B: UNDERSTANDING OF CONSTRUCTION OWNER REPRESENTATIVE SERVICES AND WORK PLAN APPROACH/METHODOLOGY B.1 Describe in detail the steps that your firm would follow to provide facility construction owner representative services, including your work plan process and methodology. B.2 Identify your ability to ensure that projects are designed and constructed within your client's budget and the measures taken in successfully completing all phases of a project (from design through completion of construction). B.3 Identify project management tools you propose to use to keep both your own staff on track and the City staff cognizant of current project status. B.4 Identify a construction project, carried out in a desert environment, for which your firm and the staff proposed for this contract provided Construction Owner Representative Services, and describe how you applied your firm's skills and abilities in the following areas: (a) Responsiveness and attentiveness to client needs; (b) Creative ability; (c) Knowledge and understanding of the latest construction trends; (d) Analytical capability; (a) Oral and written communication skills; (f) Interaction with client's organization, i.e., other divisions and personnel (g) Sensitivity to funding constraints B.5 For the potential projects that were briefly described in Section 1 "Background and General Information", please comment on, and identify, any potential problems (if any) associated with these projects that you anticipate based only on the limited information provided, and how you would work with City staff to avoid or resolve them. SECTION C: REFERENCES AND EXPERIENCE WITH PROJECTS OF SIMILAR SIZE AND SCOPE CA Provide a minimum of five (5) references for recently completed Construction Owner Representative Services for projects of a similar size and scope where the key personnel identified above provided the professional services required. At least three (3) of the references shall be for public/government agency projects, preferably in a desert climate. Provide contact information, including full name and a current phone number, for each project identified. C.2 For the representative successful projects completed, explain what key issues/challenges you faced and how you solved them. Also, please comment on the project budgeting for each. 27 SECTION D: LOCAL EXPERTISE DEMONSTRATED ON THE TEAM DA Pursuant to the City of Palm Springs Local Preference Ordinance 1756, in awarding contracts for services, including consultant services, preference to a Local Business shall be given whenever practicable and to the extent consistent with the law and interests of the public. The term "Local Business" is defined as a vendor, contractor, or consultant who has a valid physical business address located within the Coachella Valley, at least six months prior to bid or proposal opening date, from which the vendor, contractor, or consultant operates or performs business on a day-to-day basis, and holds a valid business license, by a jurisdiction located in the Coachella Valley. "Coachella Valley" is defined as the area between the Salton Sea on the south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino Mountains on the east and north. For the purposes of this definition, "Coachella Valley' includes the cities of Beaumont and Banning and the unincorporated areas between Banning and the City of Palm Springs. Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address. The contractor or consultant will also, to the extent legally possible, solicit applications for employment and proposals for subcontractors and subconsultants for work associated with the proposed contract from local residents and firms as opportunities occur and hire qualified local residents and firms whenever feasible. In order for a business to be eligible to claim the preference, the business MUST request the Preference in the Solicitation response (see Attachment A) and provide a copy of its current business license (or of those it employs for this project)from a jurisdiction in the Coachella Valley with its proposal. D.2 List all team members with local expertise. Clearly define their role in the overall project. DEADLINE FOR SUBMISSION OF PROPOSALS: All proposals must be received in the City of Palm Springs, Division of Procurement and Contracting office by 3:00 P.M., LOCAL TIME, MONDAY, FEBRUARY 7. 2011. Proof of receipt before the deadline is a City of Palm Springs, Division of Procurement and Contracting time/date stamp. It is the responsibility of the Proposer to see that any proposal sent through the mail, or by any other method, shall have sufficient time to be received by the Procurement Office prior to the proposal due date and time. Late proposals will be returned to the Proposer unopened. Proposals shall be clearly marked and identified and must be submitted in a sealed package to: City of Palm Springs Division of Procurement and Contracting 3200 E. Tahqujtz Canyon Way Palm Springs, CA 92262 Attn: Craig L. Gladders, C.P.M., Procurement & Contracting Manager PLEASE NOTE THAT PALM SPRINGS CITY HALL IS CLOSED EVERY FRIDAY DUE TO THE CURRENT FURLOUGH PROGRAM, AND THEREFORE IS NOT ABLE TO ACCEPT, TIME OR DATE STAMP ANY PROPOSALS ON FRIDAYS (OR WEEKENDS AND HOLIDAYS). PLEASE TAKE THIS INTO CONSIDERATION WHEN DELIVERING A PROPOSAL BY THE DUE DATE AND TIME AS DEFINED IN THIS DOCUMENT. QUESTIONS?: Proposers, their representatives, agents or anyone else acting on their behalf are specifically directed NOT to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this RFP other than as directed below. Contact with anyone other than as directed below WILL be cause for rejection of a proposal. 28 ANY questions, technical or otherwise, pertaining to this request for Request for proposals must be submitted IN WRITING and directed ONLY to: Craig L. Gladders, C.P.M. Procurement& Contracting Manager 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 via FAX (760) 323-8238 or via EMAIL: Craia.GladdersO.Palmsorinasca.aov Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the RFP. The deadline for all questions is 3:00 P.M., Local Time, THURSDAY, JANUARY 27, 2011. Questions received after this date and time may not be answered. Only questions that have been resolved by formal written Addenda via the Division of Procurement and Contracting will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. FORM OF AGREEMENT: The successful firm will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with the standard Professional Services Agreement — provided as Attachment "B" hereto. Please note that the Exhibits in the sample contract are intentionally not complete and will be negotiated with the selected firm and will appear in the final Professional Services Agreement executed between the parties. Any exceptions to the language contained in the RFP document, sample agreement, including the Insurance Requirements, MUST be included in the proposal and clearly defined and may be considered in the evaluation process. Failure or refusal to enter into an Agreement as herein provided, or to conform to any of the stipulated requirements in connection therewith, shall be just cause for an annulment of the award. If the highest ranked firm refuses or fails to execute the Agreement, or negotiations are not successful, the City may, at its sole discretion, enter negotiations with and award the Contract to the second highest ranked firm, and so on. AWARD OF CONTRACT: It is the City's intent to award a contract to the firm that can provide all of the services identified in the RFP document. However, the City reserves the right to award a contract to multiple Proposers or to a single Proposer, or to make no award, whichever is in the best interest of the City. It is anticipated that award of the contract will occur at the next regularly scheduled City Council' meeting after the evaluation committee has made its final selection of the firm to be recommended for award and a contract has been negotiated and agendized for consideration. The decision of the City Council will be final. Please note: this RFP does not necessarily identify each specific, individual task required to successfully and completely implement this proposed scope of services. The City of Palm Springs relies on the professionalism and competence of the selected firm to be knowledgeable of the general areas identified in the scope of work and to consider in its proposal all materials, equipment, required tasks and subtasks, personnel commitments, man-hours, labor, direct and indirect costs, etc. The City of Palm Springs will not approve addenda to the selected firm's agreement which do not involve a substantial change from the general scope of work identified in this RFP and the resulting final negotiated scope and pricing. INSURANCE: Insurance provisions are contained in the Professional Contract Services sample agreement included in the RFP. The successful Proposer will be required to comply with these provisions. It is recommended that Proposers have their insurance provider review the insurance provisions BEFORE they submit their qualifications. 29 RESPONSIBILITY OF PROPOSER: All proposers shall be responsible. If it is found that a proposer is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted an RFP without an authorized signature, falsified any information in the proposal package, etc.), the proposal shall be rejected. PUBLIC RECORD: All documents submitted in response to this solicitation will become the property of the City of Palm Springs and are subject to the California Code Section 6250 at seq., commonly known as the Public Records Act. Information contained in the documents, or any other materials associated with the solicitation, may be made public after the review process has been completed, negotiations have concluded and a recommendation for award has been officially agendized for City Council consideration, and/or following award of contract to a specific firm, if any, by the City Council COST RELATED TO PROPOSAL PREPARATION: The City will NOT be responsible for any costs incurred by any proposer in the preparation of their proposal or participation in any presentation or interview if requested, or any other aspects of the entire RFP process. BUSINESS LICENSE: The successful firm will be required to be licensed in accordance with the City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96, entitled "Business Tax". PROPOSAL INFORMALITIES OR DEFECTS: The City of Palm Springs reserves the right to waive any informality or technical defect in a proposal and to accept or reject, in whole or in part, any or all proposals and to seek new proposals, as best serves the interests of the City. INVESTIGATIONS: The City reserves the right to make such investigations as it deems necessary to determine the ability of the proposer to perform the Work and the proposer shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any proposal if the evidence submitted by or investigation of such proposer fails to satisfy the City that such proposer is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein. SIGNED PROPOSAL AND EXCEPTIONS: Submission of a signed proposal will be interpreted to mean that proposer has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Request for Request for proposals, and any attached sample agreement. Exceptions to any of the language in either the RFP documents or attached sample agreement, including the insurance requirements, must be included in the proposal and clearly defined. Exceptions to the City's RFP document of standard boilerplate language, insurance requirements, terms or conditions may be considered in the evaluation process. REQUEST FOR PROPOSAL (RFP 09-11) FOR FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES ADDENDUM NO. 1 This Addendum is being issued for the following changes and informational items: THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE RFP DOCUMENT AND INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. CLARIFICATION OF INSTRUCTIONS TO PROPOSERS: 30 PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their proposal shall be valid for a period of 120 calendar days from the due date of proposals. The City has received the following questions and is hereby providing answers thereto: RESPONSES TO QUESTIONS RECEIVED TO DATE: Please clarify the following statement under the SCOPE OF SERVICES found on page three (3): Attend meetings of city advisory boards and the City Council when said meetings relate to projects covered by this contract. Item 5 states that the Owner's Representative (OR)shall "attend meetings of city advisory boards." Q 1: Inasmuch as the Library Board (administrative authority established under the California Education Code)and the Planning Commission are NOT advisory boards, please state if the OR's attendance is required? A 1: Yes, the Owner Representative will report to and receive direction from the Office of the City Manager and as such, if appropriate and requested by the office of the City Manager or his designee, the Owner Representative may be required to attend these types of meetings if the speck project warrants such attendance. Q 2: Will the OR be required to attend neighborhood meetings as scheduled by the Palm Springs Office of Neighborhood Involvement Committee(PSNIC)when projects under the OR's contract are on the agenda? A 2: Yes,. the Owner Representative will report to and receive direction from the Office of the City Manager and as such, if appropriate and requested by the office of the City Manager or his designee, the Owner Representative may be required to attend these types of meetings if the specific project warrants such attendance. Q 3: Will the OR be required to present or represent the City on Projects to non-governmental organizations (NGO) such as MainStreet, Uptown, PS Chamber of Commerce, PSEDC and/or other NGOs? A 3: Yes, the Owner Representative will report to and receive direction from the Office of the City Manager and as such, if appropriate and requested by the office of the City Manager or his designee, the Owner Representative may be required to attend these types of meetings if the specific project warrants such attendance. Q 4: Will the OR be required to represent the city on projects, or present the project, to any governmental Authorities Having Jurisdiction (AHJ) such as the Aqua Caliente Tribal Council (ACTC)or tribal staff? A 4: Yes, the Owner Representative will report to and receive direction from the Office of the City Manager and as such, /f appropriate and requested by the office of the City Manager or his designee, the Owner Representative may be required to attend these types of meetings if the specific project warrants such attendance. BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA 31 Craig L. Gladders, C.P.M. Procurement& Contracting Manager DATE: January 18, 2011 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name: Authorized Signature: Date: Acknowledgment of Receipt of Addendum 1 is required by signing and including the acknowledgment with your submittal, or you may also acknowledge the Addenda on the bottom of Attachment A Failure to acknowledge this Addendum may result in your submittal being deemed non-responsive. REQUEST FOR PROPOSAL (RFP 09-11) FOR FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES ADDENDUM NO. 2 This Addendum is being issued for the following changes and informational items: THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE RFP DOCUMENT AND INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. The City has received the following questions and is hereby providing answers thereto: RESPONSES TO QUESTIONS RECEIVED TO DATE: Q 1: Page 17 paragraph 5.1.A Errors and Omission Insurance. On page 2 paragraph 1. Background Information it clearly states this solicitation is only for owners representation. Therefore I would ask that this requirement be waived as we will not be providing any Professional Services. if not waived please understand that these types of policies are currently being written on a "claims made" basis requiring fairly expensive premiums for this type and amount of coverage over the length of time requiring "tail" coverage. A 1: The City requires Professional Liability insurance for Owners Representative Services and is not waiving this requirement at this time. Per page 9 of the RFP document under "Signed Proposal and Exceptions"proposers are instructed that "Exceptions to any of the language in either the RFP documents or attached sample agreement, including the insurance requirements, must be included in the proposal and clearly defined. Exceptions to the City's RFP document or standard boilerplate language, insurance requirements, terms or conditions may be considered in the evaluation process." Please include any exceptions to the Professional Liability insurance requirements in your proposal. Q 2: Page 18 paragraph D. Business Automobile Insurance. I do not carry this type of insurance under my business. I have coverage for my auto under my personal automobile insurance. Will this satisfy the requirement as long as I have the necessary amount of coverage as stated? 32 A 2. Under certain circumstances, such as sole proprietorships operating a personal vehicle for business purposes, the City Attorney/Risk Manager may consider modifying the Automobile Insurance requirements. As in the case above, exceptions to the Automobile Insurance requirements must be clearly defined and included in your proposal. Q 3: Since I am an owner/operator and the sole employee I understand that I can complete the City's Request for Waiver of Worker' Compensation Insurance Requirement form. The Employer Liability Insurance requested under paragraph E of page 18 is part of the same workers' compensation policy. Do I presume this other requirement will be waived? A 3. Yes, those firms that qualify as sole proprietorships may complete a Waiver of Worker's Compensation Requirement Form and the Employer Liability Insurance requirement would also be waived. As in the case above, your intention to request an exception to or a waiver of Workers Compensation insurance due to sole proprietorship (or for any other reason) must be clearly defined and included in your proposal. BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA Craig L. Gladdens, C.P.M. Procurement& Contracting Manager DATE: January 24, 2011 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name: Authorized Signature: Date: Acknowledgment of Receipt of Addendum 2 is required by signing and including the acknowledgment with your submittal, or you may also acknowledge the Addenda on the bottom of Attachment A Failure to acknowledge this Addendum may result in your submittal being deemed nonresponsive. REQUEST FOR PROPOSAL (RFP 09-11) FOR FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES ADDENDUM NO. 3 This Addendum is being issued for the following changes and informational items: THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE RFP DOCUMENT AND INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. The City has received the following questions and is hereby providing answers thereto. RESPONSES TO QUESTIONS RECEIVED TO DATE: Q 1: In the RFP, it states that this proposal is not for Construction Management Services and that there will be a separate solicitation for those services. Do you know when the Construction Management RFP will be available? 33 A 1: Pursuant to page 2 of the RFP document under Section 1) Background Information and General Description, "The City will seek qualified firms under separate solicitations for Construction Management, Architectural, Design and Engineering Services at the appropriate time when a specific project warrants such services " There is no RFP for Construction Management Services planned at this time, as we do not currently have a specific project that warrants such services. Q 2: If we submit a proposal for RFP ##09-11, can we also submit a proposal for Construction Management Services? A 2: The submission of a proposal in response to RFP #09-11 does not prohibit firms from submitting proposals in response to future RFP's for Construction Management Services should the City conduct such a solicitation for a speck project that warrants such services. Q 3: If we submit for the mentioned RFP, will this preclude our firm from submitting on other services or future RFPs that were listed (CM/Architectural/Engineering, etc.)? A 3: The submission of a proposal in response to RFP #09-11 does not preclude terms from submitting proposals in response to future RFP's for Construction Management, Architectural, or Engineering Services should the City conduct such solicitations for specific projects that warrant such services. BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA Craig L. Gladders, C.P.M. Procurement& Contracting Manager DATE: January 27 2011 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name: Authorized Signature: Date: Acknowledgment of Receipt of Addendum 3 is required by signing and including the acknowledgment with your submittal, or you may also acknowledge the Addenda on the bottom of Attachment A Failure to acknowledge this Addendum may result in your submittal being deemed non-responsive. 34 EXHIBIT"C" CONSULTANT'S PROPOSAL (see next page) 35 0 February 7,2011 City of Palm Springs Division of Procurement and Contracting 3200 E.Tahquitz Canyon Way Palm Springs,CA 92262 Attn:Craig L.Gladders,C.P.M.,Procurement&Contracting Manager RE:Request for Proposal—Facility Construction Owner Representative Services—RFP 09-11 Dear Mc Gladders and Members of the Selection Committee: Understanding your specific project challenges and goals,we are confident that by working collaborativelyand being a steward of your public funds,we can deliver superior results for the City's capital projects.Our lessons learned over the past 61 years along with the successful delivery of over$12.7 billion have resulted in successful projects.As a member of your team we work diligently to deliver the t/ndblifig transparency and condbuoru;eanmunlrxffon among all participants so that the City of Palm Springs will have projects the community can be proud of for years to come. The City deserves an owner's representative with the track record of proven processes and experience of working collaboratively to deliver superior results for your projects.Our owner's representative candidates,with the support of our team of professionals,are committed to achieving the City's goal of delivering facilities that benefit the community well into the future.Our approach to accomplish successful project delivery is based on our ability to provide highly competent people that demonstrate both their public sector fo=and continuous management experience of projects from the first day through the completion of construction and beyond. Kitchell's value-added participation during any or all phases of a project will enhance its success through: • QmWified and EmpoweredPersonneh.Fusty Committed Team Players—We have provided a pool of available and qualified owner's representative candidates that specialize in public sector projects and have the experience to serve as an advocate for the City's best interests.Our owner's representative works as an axtension ofyourstaffto develop the most accurate construction documents and schedules that clearly define all phases and costs of the project. • Extensive On-call and Owner's Representative Experience:Flexibility—Kitchell has learned the nuances of providing on-call services to public agencies.We understand the important aspects and challenges and how to provide valuable professional services with short notice.We have the depth and breadth of experience and in-house resources to respond quickly to your needs. • Depth&Breadth of Professions/and redwiral Resources Immediate and Specialized Focus—Our in-house staff of 25 registered architects and licensed engineers of all disciplines are available to our owner representatives and City stakeholders as needed.They provide focused services to optimize successful project delivery including value engineering,design/constructibility reviews,cost estimating,scheduling,scope of work definition,needs assessments,ADA compliance,BIM,LEED certification,move management and commissioning. • Delivery Stretegy6wrience and EverGise:Competency Rased Results—Successfully managed projects employing all major delivery alternatives such as staff augmentation,multiple-prime,design-build,design-bid-build,agency construction management, construction management at risk,lease-leaseback and program management.As a result we embrace f vbfrdyin working with the City to determine the best strategy that optimizes budget,schedule and quality from the City's perspective. We are excited about this opportunity to work with the City of Palm Springs.All of Kitchellb candidates are committed to providing the City with the highest quality of service.We appreciate your consideration and look forward to the opportunity to personally demonstrate our qualifications and provide the highest degree of dedication,services,delivery and enthusiasm. cerely, 4 D I Camaran AusselIA.Fox Regio I Executive Principal-in-Charge/President Kitchell CEM 2910 East Inland Empire Blvd I Suite 100 I Ontario,CA 91764 I Phone 909.724.4119 1 Fax 909.466.0232 I w .kitchell.com FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES (RFP 09-11) h._ Table of Contents s a 1 Cover Letter a 2 Table of Contents 31 3 TAB A-Frm Qualifications,Project Team,Experience and Background 31 3 A.1 Firm Information 3 A2 Rrm's Principal 3 A.3 Firm Background and Qualifications 8 A.4 Assigned Key Team Members 8 A5 Subconsultants 17 TAB B-Understanding of Construction Owner Representative Services and Work Plan ApproacWMethodoiogy 17 B.1 Work Plan Process and Methodology 23 B.2 Measures in Completing Projects in All Phases and Within Budget and Schedule 26 B.3 Project ManagementTools 27 BA Highlighted Construction Project in a Desert Climate 29 B.5 Challenges and Solutions for Potential Projects 33 TAB C References and Experience with Projects of Similar Size and Scope 33 CA Project References 33 C.2.Key Issues and Challeges for Referrenced Projects 43 TAB D-Local Expertise Demonstrated on the Team 43 D.1 Local Expertise 44 D.2 Local Expertise for Team Members } 1 t Bn Table of Contents I 2 I _ � � _ � � ~ v � � � � � � uv � � � vvv � vvvvv � VUUG � OGC � C � CCCC r LIM* FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES(RFP 09-11) • Firm Qualifications, Project Team, Experience and Background • Item A.1 Firm Information Firm's Complete Name:Kitchell CEM, Incorporated Type of firm:Corporation Telephone:909.724.4119 FAX-909.466.0232 Contact person:Domingo Camarano, Regional Executive X Email:dcamarano@kitchell.com State of Corporation:California Item A.2 Firm's Principal j Name and Title:Russell A.Fox,President/Principal-in-Charge Mr. Fox is Kitchell's firm principal officer who has the authority to bind our company in a contractual agreement. Item A.3 Firm Background and Qualifications Kitchell,an employee-owned corporation,was established in 1950 with the purpose of providing construction management and general contracting services in the western United States. In 1978, Kitchell created Kitchell CEM (Capital Expenditure Managers),a subsidiary whose corporate mission is to provide project and construction management services primarily to the public sector.Since Kitchell CEM's inception; we have completed over$12:7 billion in public works construction representing nearly 625 public sector projects.Kitchell has managed public sector projects as varied as criminal justice facilities,city halls, libraries, parking structures,police and fire stations, stadiums,theaters, museums, convention/exhibit halls and education facilities. We have provided owner's representative services for over 33 years. We established a team of licensed professionals in all disciplines to assist our project and construction managers, and city, state and county governments in all technical aspects of project development.As such we have been providing full civil, architectural,structural, mechanical and electrical consulting services from the inception of a project through.bid documents, construction, closeout and warranty. We also have schedulers, estimators, programmers, planners, certified specification } writers, CAD technicians, BIM specialists and.a quality assurance/quality control department. Our public sector focus has allowed us to develop management and project control techniques that can.be targeted to the j specific needs and requirements of the City. Our methods have been very successful—,over 85 percent of our business j comes from repeat clients.We deliver services using a variety of delivery strategies including agency and multiple prime CM, CM at-risk, CM/GC,design-build, design-bid-build, lease-leaseback and staff augmentation. } I 0 Firm Oualifications, Project Team, Experience and Background I 3 FACILITY CONSTRUCTION OWNER C REPRESENTATIVE SERVICES (RFP 09-11) Q Integration with the City of Palm Springs'Staff Whether we are the entire project management team on a project,or provide staff augmentation,our proposed team Q of Owner's Representatives (OR), works as an extension of your staff,providing the necessary additional specialized resources to the project team to ultimately achieve successful project delivery. To ensure this,we seek formal and Q informal feedback to understand the issues meaningful to your staff and create a corresponding strategy to meet your expectations andgoals. Members of Kitchell's executive team meet with key City staff members periodically to solicit feedback on subjects (� such as communication,responsiveness, attitude of personnel,problem solving and value of services.This process, conducted in an atmosphere of objectivity and openness, has enabled us to continually improve our service delivery and C instill an atmosphere of partnership and transparency. Firm Project Experience �i Owner's Representative Service Contracts These projects are representative of Kitchell's experience providing Owner's Representative services—including project and construction management to California public sector clients. Riverside.County,Palm Desert Sheriff Station,Palm Desert, CA:Kitchell provided owner representative construction management services for this$33' C million, 85,000 sf facility.The station includes investigation units, burglary units, C K DARE units,processing and accounting areas,evidence warehouse,vehicle bays and a fueling station.This project is registered in the U.S. Green Building (' Council's LEED-NC2,1 program and is planned for LEED Gold Certification.The C project was delivered via design-bid-build, C C City of San Jose,Owner's Representative/OncaN Services Contract, San Jose, CA:Kitchell received a master contract from the City of San Jose C to provide various management services.These services mclude.facil" assessments,constructibility reviews,schedule management,bid evaluation advice, commissioning,and design and contract administration. Projects to date have included those listed below. o • Fire Station No.35 • Kirk Senior Center Q • Mayfair Comrrwnity Center • Roosevelt Community Center 0 s a Willows Senior Center n 4 I Firm Qualifications, Project Team, Experience and Background n ® FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES (RFP 09-11) City of West Sacramento On-call Construction Management,West t> . Sacramento, CA: Kitchell provided construction management and preconstruction i services for a two-year on-call contract with the City of West Sacramento. The West Sacramento Community Center, our initial project,was a 21,500-sf, two-story building. Site work included a concrete plaza with site lighting and landscaped areas including two bio-swale areas.The project has a goal for LEED Silver certification. Kitchell provided construction management and preconstruction services, including design reviews, scheduling, estimate validation,front end specification . development, bid strategies,and facilitation of bidding and award. Construction management services included facilitation of a preconstruction conference, i monitoring project schedule,conducting weekly meetings, recording and reporting project progress,conflict resolution,evaluating and negotiating change orders, monitoring RFIs and administering the closeout process. Solano County PM/CM and A/E Term Contract,Fairfield, CA:An all- inclusive, broad-based contract to provide owner's representation and project and construction management services with ancillary access to architectural and engineering services on an as-needed basis. Services have encompassed estimating;value engineering; code compliance, constructibility and peer reviews; feasibility studies; master planning;design; design and construction management; quality control;and scheduling. Projects included: • Fairfield Civic Center Community Library Renovation Design and Project Management:Design coordination and construction administration services for this$5.3 million,35,684-sf library.The project consisted of work to renovate the building including the public entrance area, converting a portion of the loading dock to offices,and modification of interior walls. • Vacaville Town Square Public Library Tenant Improvements: Construction of a new 22,410-sf, $4.9 million library including parking for 151 vehicles. Projects in Similar Climate Kitchell has provided owner's representation, project and construction management services for many facilities that were constructed in a desert-type climate. Below is a few of our highlighted experiences: i Riverside County,Palm Desert Sheriff Station,Palm Desert, CA: Kitchell provided owner representative construction management services for this$33 million, 85,000-sf facility.The project included structure features skylights and 1 solar panels, helping to reduce utility costs by 20 percent and becoming the first LEED Gold certified building constructed by Riverside County. i 1 l �a+76rv7iJ117 Firm Qualifications, Project Team kxpri, : FACILITY CONSTRUCTION OWNER 1 REPRESENTATIVE SERVICES (RFP 09-11) 1 4NsoMP 1 Kern Valley State Prison,California Department of Corrections and / Rehabilitation,Delano, CA:Kitchell provided program management services for 1 the new,$380 million,maximum-security facility located on approximately 480 acres near the existing state prison.At maximum capacity the prison contains 5,080 beds. Since 1982, we have worked integrally with CDCR as an owner's representative from the early planning stage through construction and occupancy for the State's largest prison construction program.This$7 billion program has used over 150 Q ` design firms with over 400 bid packages. Projects were completed in record time, within budget and with minimal change orders kept well under control,to the client's satisfaction. Q Q Northern Arizona University Applied Research and Development Facility, Flagstaff,AZ:Kitchell provided construction management at risk services for a Q " 61,000-sf LEED Platinum,state-of-the art research facility that stands as an Q example of sustainable design at its best-on a university campus located 7,000 feet above sea level. Q C C ¢ � Big League Dreams Sports Perk,.Town of Gilbert,Gilbert,AZ: Kitchell C provided Owner's Representation and PM/CM services for the design and C construction oversight for the Town of Gilbert's new$39 million Big League C Dreams Sports Park(Elliot Road District Park). The.park is located on a 57-acre C site includes amenities such as eight professional baseball/softball fields(all replicas of famous ball stadiums with artificial turf),one field house(a 25,000 C sf artificial-turf indoor soccer field),two covered multi-sport pavilions,two Q Stadium Club sports themed concession buildings, pavilion concession area, an Q administrative office building,an eight-station batting cage,two youth play areas, Q three sand volleyball courts,multiuse trails,a corporate events area and parking. C11! City of Tempe,East Valley Bus Operation and Maintenance Facility, lJ Tempe,AZ: Kitchell provided construction management services for the 103,890- sf, 250-bus facility includes administration offices, operations/driver facilities for 0 over 500 bus operators,a bus maintenance building, bus canopies and a full Q liquid natural gas and compressed natural gas(LNG/CNG)fueling center with fare O retrieval and bus wash. O O n a._ Experience and Background 8 n ® FACILITY CONSTRUCTION OWNER ® REPRESENTATIVE SERVICES (RFP 09-11) ® �4fORNP• Relevant Project Types Below are Kitchell's representative experience with similar types of projects that were highlighted n u it: 4 P Redwood City,Redwood Shores Community Library,Redwood City, CA: r Kitchell provided preconstruction services;construction management at risk services from design through bid phase;and construction management through closeout for the construction of a new,single-story, $15.5 million,22,000-sf library.The facility includes multipurpose rooms, technology center, children's media area; family place, storytelling room, teen space, study and conference rooms, library cafe,catering preparation room, staff break room,and staff and public restrooms. r r - r City of Berkeley,Berkeley Library Project Management and Construction Administration Services,Berkeley, CA: Kitchell is providing project � 4r management and construction administration services for this$26 million project that includes 21,000-sf of renovations and 7,000-sf in additions to four of the City's libraries. Renovations include seismic upgrades, updated mechanical, electrical and telecommunications systems and new windows. Each facility will be upgraded to comply with ADA standards. Two of the libraries are City landmarks, so historical restoration/preservation is a key component of this project.Expansion of the facilities will accommodate a growing number of visitors by providing adequate space for books, materials, reading and study areas. Crafton Hills College Aquatic Center,San Bernardino Community College District,Yucaipa, CA:An$8 million facility that includes a 50-meter competition pool heated by solar panels.The LEED certified facility, for which Kitchell provided LEED commissioning services, aiso includes lockers, showers, offices,storage, a multipurpose room,pool mechanical room and related space and bleachers.Site development included a parking lot, landscaping and building access.This project is part of the$197 million Measure P new construction program for two of the Districts college campus. } San Bernardino Valley College Parking Structure,San Bernardino Community College District,San Bernardino, CA:As part of the$500 — million bond Measure M program Kitchell is providing program and construction management services for the new sfx-level(one subterranean), 382,000-sf, 1,219-stalls parking structure. Preconstruction services include program implementation planning, master budget, master schedule,architect/consultant selection,transition planning, communications planning and interim housing. �� N ) ® Firm Qualifications, Project T; V r FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES (RFP 09 11) Item AA G Assigned Key Team Members We are an employee-owned company. Because we know our individual efforts will'ultimately Impact us corporately, we are driven to identify and achieve the elements of success in each project or program we manage. This translates to every aspect of our work, both internally to our associates and externally to our customers. Our proposed owner Q representative candidates are empowered with the proper authority to carry out our services to tfie City's satisfaction. We will seek to resolve issues in partnership with the City and other project team members to the ultimate benefit of the project: Kitchell's proposed team structure has been developed to allow maximum flexibility to accommodate both quick-start projects and development of the Work Plan. Concurrently,the team will identify stake holders and organize programming sessions to verify and further develop the project specific programs for each of the projects. We are offering the City of Palm Springs a pool of our most experienced project managers that can successfully provide owner's representation services to assure success on the City's projects. Roles and Responsibilities Regional Executive Domingo Camarano has responsibility for ensuring full client satisfaction with our teams services, personnel, quality and.contractuaf obligations throughout the project(s). C Owner Representatives David Gettel,PE, Dave Sehiermeyer,Jim Wilson,Mike Viilegas,LEED AP,OMIT and C Patricia Nguyen,EIT serves as the City's main point of contact for all daily matters and functions as an extension of your staff,working integrally with the project team. They are responsible for the full range of project functions necessary to complete any project on schedule and within the established scope and budget. C Organization Chart C We have included an organizational chart on the following page for the City's review. In addition to our key personnel, C we included staff personnel for our in-house support services.If needed,they are available to assist on any of the City's projects on an as-needed basis and their resumes are available upon request. Resumes Full resumes for our proposed key personnel is located on the following pages starting on page 10, Item A.5 - O Subconsultants Kitchell is not utilizing any subconsultants for this proposal. 8 I Firm Qualifications,Project Team, Experience and Background 0 i FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES (RFP 09-11) Pool of Owner Regresentaijives Managel millager i i - Principal-in-Charge/President Engineering and Architectural Services Manager Russell Fox Doug Lovell.PE Quality Assurance/Quality Control Value Engineering;Peer Design/Constructibility Reviews;Commissioning Bill Vandrovec,AA - Architectural/ADA Compliance- '. Structural Estimating Ed Long,RA.TEED AP,Tom Kimbrell,RA Chris.Nodal,SE Cf.LEED AP;Alan Ho,SE LEED AP } Tim Prechel Electrical/Lighting Civil/Utilities Milutin Backovich.PE.Gerald Neuffer,PE.LEED AP Roy Wilson,eE,Cynthia Harkness,PE } Scheduling Mechanical Specifications/Sustainability } Hugo Rivera Heather Brown.PE.:EED AP,Mark Brown.PE Ben Ramos,RA.LEEDAP I I 0' Firm Qualifications, Project Team, Experience and Background I 9 ti FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES (REP 09-11) ' Q David Gettel, PE Owner's RepresentationfSenior Project Manager d _ 4 4 Qualifications < Mr.Gettel has more than 37 years of experience with public agency and commercial projects, correctional institutions, nuclear facilities, oil refineries and California highway and bridge projects. s David has been responsible for the direction of projects, project administration, coordination and time schedule on lump sum projects;quality control and surveying;review of contractors technical and safety adequacy; labor compliance;and overall project documentation.With extensive expedience as an on-site construction manager,Dave will bring that expertise to minimize disruptions and design issues and ensure a high quality product for the County's on-call projects. Dave has the ability to effectively 3 - manage projects from the early concept stages through final closeout and is able to communicate' effectively and cooperatively at all levels. Project Experience Kern Valley State Prison,Galifomfa Department of Corrections and Rehabilitation,Delano, CA:Project Director C overseeing the construction of the 5,,072-bed:maximum security prison in a desert off hale.This$380 million project was C constructed on a fast track basis with TO prime Contractors ranging in value from$6 million to$115 million.The project, C consisted of site grading and utilities, level IV housing units, level f housing units,secure support and central kitchen C facilities, non-secure support facilities,central health facilities;warehousing buildings, vocation education facilities,water and wastewater treatment plants,and site security and communications bid packages.The facility contains 1.3 million-sf of C building space and was constructed on 480 acres: C Chuckawalla Valley State Prison,Calffornia Department of Corrections and Rehabilitation, Blythe,CA: Conshuc0on C Manager supervising the new HVAC upgrade, roof replacement,shower renovation and structural repair project at this C 20-year old men's facility in a desert climate.This$40 million project was constructed with four separate bid packages as C a combination of trade contracts. The project strategy was to fast track by starting construction of the new chilled water plant and 15,000-if pipe loop early and schedule completion to coincide with the completion of HVAC work in the first of four yards . Q to allow startup of the chilled water plant with the new HVAC units. 0 Chevron/McDonald's,Irvine, CA: Project Director responsible for directing the development of a program to deliver service 0 stations in combination with quick service restaurants on multiple sites.The project Consisted of program management O and construction of these multi-use facilities.Planned;scheduled and managed construction of a service station with two restaurants from ground breaking to Certificate of Occupancy in 26 days. Pitchess Honor Rancho,Saugus, CA: Chief Construction Engineeron the integrated construction management team for the 0 2,100 bed,$100 million maximum security detention facility. Responsible for resolving design problems with architects and contractors, supervising engineering staff in document control,providing technical assistance to staff and serving as principal 0 assistant to the construction manager. Q California Route 210,Contract No.07-352704, Caltrans,Los Angeles, CA:Resident Engineer/8ddge Department 0 Representative for this project that included a two-span CIP/PS concrete box-girder bridge over South Branch Big Tujunga r Wash.Also field redesigned an abutment footing and resized the capacity and spacing of H-piles to accommodate interference with the original design from "car-sized" boulders in the riverbed. 0 0 0 10 Firm Qualifications, PTojectTeam, Experience and Background e J 0 FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES (RFP 09-11) Dave Schiermeyer s Owner's RepresentationlSenior Project Manager Qualifications . Mr.Schiermeyer has over 36 years of construction experience as a superintendent, project manager,general contractor and construction manager. David's strengths include all aspects of construction management including contract management,subcontractor control, strong schedul- ing expertise, cost management,cost loaded scheduling(P3), purchase orders, RFIs, change order proposals, and seismic reinforcement.He has supervised,organized,and evaluated skilled trade employees such as plumbers,electricians, carpenters, and painters who were utilized on over one million-sf of facilities at a California State University campus in addition to planning,coordinating, 31 costing and billing for the work accomplished.He is recognized by clients for his problem-solving skills and attention to detail,computer skill sets, and consistently providing them with complete and timely information.The experience gained on projects throughout his career will be used to I it benefit the City of Palm Springs with his proactive identification of issues and recommendations.. V I 'I Project Experience Pomona Unified School District,Modernization and Reconfigurations,Pomona, CA: r J Senior Project Managerfor the$26 million dollar protects for new and renovation projects. Responsibilities included preconstruction services, plan review,project schedules, construction phasing plan,swing space planning,write special conditions,weekly reporting to District and interface with District staff. Monterey Peninsula College Measure l bond Implementation Plan,Monterey, CA: Senior Project Managerfor this $54 million dollar new construction and renovation program. Responsible for creating Program Schedule/project schedules, ' assist with facility assessments,assist with program budget update,attend weekly facility committee meetings and provide update,write specifications, assist with CEOA requirements. Cabrillo Community College,Student Activity Center,Aptos, CA: Senior Pro1ect,Managerfor the$14 million, 2-story structure with parking garage,bookstore, included EMS and lighting controls:Services were construction management from preconconstruction thru completion which included claims resolution and working closely with owners representation on a dairy basis. Los Angeles Airport(LAX),Los Angeles, CA: Supenniegdent for an office remodel, New 72 acre School Site with Infrastructure,Ft. Wingate, NM: Senior Project Manager for this$43 million, 8 buildings with administration,dormitories,central plant,classrooms,gym facilities and a water tower.This project was constructed in a desert climate.Duties included contracts, site administration, budgets,change orders and pay applications. } the River Project,Palm Desert, CA: Project Managerfor this$43 million outdoor theme park for retail. Responsible for assisting with preconstruction services including budget,schedule and design. Howard Hughes Cinema Complex,Los Angeles, CA:Project Manager during preconstruction of this$10 million IMAX theater with 14 themed theaters,escalator and stadium seating. j Coco Restaurant, Morongo, CA: Project Manager for this new restaurant utilizing fast track construction and included a 7,000 gallon septic system.This project is located in a desert climate. ) I �' Firm Qualifications, Project Team, Experience and Background I 11 FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES (RFP 09-11) Q Jim Wilson Owner's Representation/Project Manager Q Qualifications (� -'' Mr.Wilson has more than17 years of experience in both the construction and maintenance/ Q h '§ operations industries, including the management of multimillion-dollar projects for both public and private sector clients.Jim has managed all aspects of construction projects—from initial planning, ,yt value engineering, and plan reviews through tenant occupancy and project closeout.His experi- ence includes serving as client liaison, controlling and monitoring project budget and schedule, " managing the design process, front-end,specification development, contract administration,con- Q 5g N� K tract document interpretation,change order negotiation, scheduling and estimating..His knowledge of industry software includes Primavera SureTrak and P3,Prolog and Microsoft Project. C Project Experience Q San Jose Unified School District Measure:C Program, San Jose, CA: Project Manager/Owner's Representation 0 for the overall program management of the$263 million bond program,and comprehensive project and construction management for the District's 14 high schools and middle schools and two elementary schools. C San Jose Unified School District,San Jose High School(Measure Q,San Jose, CA: Project Manager/Owner's C Representation for the renovation of this$9 million project.The project included a new wheelchair lift and elevator; C restroom upgrades for ADA compliance.;the installation of handicap signage; roof replacement;the installation of new C HVAC units;voluntary seismic structural upgrade of covered walkways;replacement of gymnasium floors;and the replacement of bleachers in a gym.The renovation was completed two months ahead of schedule ready for occupancy. C Responsibilities included managing the completion of all punch lists and warranty work, negotiation of all outstanding change orders and review of all closeout documents. C San Jose Unified School District Measure P Program, San Jose, CA:Project Manager/Owner's Representation for C the program and construction management of the$550 million bond program. The bond program is modernizing 46 C elementary,middle and high schools and providing additional facilities for special programs. Responsibilities included C facilitating the District's requirements in the design,managing the design schedule,coordinating design submittal reviews and estimates, analyzing and reporting cost and schedule information,change order negotiation, assisting the Q 0 A/E and District in the bid process,administering the construction contract and managing the change process. Willow Glen High School Modernization, San Jose, CA: Project Manager/Owner's Representation overseeing the 0 design and modernization of the Willow Glen High School campus at the cost of$11.5 million.Responsibilities included facilitating the District's requirements in the design, managing the design schedule, coordinating design submittal 0 reviews and estimates, analyzing and reporting cost and schedule information,assisting the A/E and District in the bid n process, administering the construction contract and managing the change process. The project included construction of Q a new 9,500-8f science building, modernization of several classroom wings and the cafeteria/kitchen. 0 0 0 0 12 I Firm Qualifications Project Team, Experience and Background 8 0 0 n FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES (RFP 09-11) iMichael Villegas, CMiT, LEED AP s Owner's RepresentationfProject Manager Qualifications t S Mr.Villegas has more than 13 years of K-12/educational project management experience. Michael i is a LEED Accredited Professional who has contributed to a variety of projects. He is experienced in developing trade bid packages and contractor specifications;change order negotiation;contract, schedule and budget management; reporting;conducting constructibility reviews of drawings and specifications;value engineering sessions;and periodic cost estimates. Michael is skilled in the ' use of industry software including MS Project,Primavera P3, Heavy Bid,WinEst,AutoCad 2000i, Prolog and Expedition. Project Experience City of Vista,Moonlight Amphitheater Stage House Preconstruction Services,Vista, CA: Project Managerfor this 14,000-sf project to replace the aging stage and temporary backstage facilities with an energy-efficient enclosed stagehouse and related support facilities.Responsible ® for coordinating preconstruction services Including a design and constructibility review, estimate and schedule reviews and scope validation,as well as ADA compliance checks and preparing the bridging documents. Riverside County,Palm Desert Sheriff Station Owner's Representative Services,Palm �. Desert, CA:Project Managerfor this new, $33 million, 85,000-sf facility.The station includes ., investigation units, burglary units, DARE units, processing and accounting areas,evidence warehouse,vehicle bays and a fueling station.This project is registered in the U.S. Green Building Council's LEED-NC 2.1 program and is planned for LEED Gold Certification. , San Bernardino Community College District Measure P,San Bernardino, CAi LEED W, Documentation Managerfor this$197 million;six-year Bond Measure P program for new construction on the District's two campuses, Grafton Hills College and San Bernardino Valley College. Responsible for facilitation and documentation during the educational and coordination workshop and assisting the archRectyengineering firms with alternate design approaches,materials and updating the master LEED scorecard. City of Fontana Library and Research Center,Fontana, CA: Project Managerfor the construction of this$50 million; LEED Gold-certified facility consisting of three stories, a community theater and an underground parking structure. Managed the commissioning process including documentation of start-up,scheduling,training and quality control relating to LEED standards. Negotiated change orders with subcontractors and the owner, and assisted senior management with scheduling, budgeting and daily job cost reports.The facility consists of structural steel with architectural storefront and CMU/CIP infill. } Veterans Park, Chula Vista, CA: Project Engineerfor this$8.1 million design-build project during the design and preconstruction phases for the general contractor. Responsible for managing submittals, RFIs and weekly meeting minutes; and assisting the project manager with preconstruction coordination,scheduling, budget and daily job cost reports.The facility consists of structural steel with EFTS, and incorporates a multipurpose building gym, multigrade skate park,sports fields and staff buildings.Value engineering,estimates and constructibility reviewswere conducted,as were community forums for information and feedback. 1 1 I ®'� Firm Qualifications, Project Team, Experience and Background 1 13 FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES (REP.09-11) a low Patricia Nguyen, EIT a Owner's RepresentatianfProject Manager Q Qualifications Ms. Nguyen has been involved in various aspects of the construction industry for more than 13 Q years, on a variety of construction projects including multiple civic/municipal projects and K-12 pro- Q grams. She is experienced with procuring consultant services,value engineering, drawing design g review, bid solicitation, managing and coordinating multiple prime contracts,construction phase Q -- - quality assurance;trade contract management,change order negotiations,cost and schedule con- troy, as well as managing the DSA project closeout process. Her background includes working for Q structural engineering consultants as a computer aided drafting technician and assisting with the # construction management of a pharmaceutical corporation's in-house renovations. Her skills also Q include the use of spreadsheet and drafting programs, as well as construction-related scheduling 4 ` programs such as Prolog,SureTrak and M3 Project. Q Project Experience Q Leland High School Sports Complex,San Jose Unified School District,San Jose,CA: Project Manager/Owner's C Representation for the design phase of a$7.2 million multi-phase sports complex including a restroom building,track C football field, baseball field, multiuse field, bleachers,scoreboard and stadium lights.This project was part of a$550 million bond program: C San Bernardino Community College District Measure P,San Bernardino, CA: ProjectManagerfor this$197 million,_ C six-year Bond Measure P program for new construction on the District's two campuses, Crafton Hips College and San C Bernardino Valley College. Services are for the campus-wide infrastructure upgrades, parking lot improvements, C road and athletic field grading in addition to new construction of a community recreation center, learning resource/ C technology center, maintenance and operations facility, media communication and chemistry/physical sciences replacement projects:Responsibilities include preparation of bid packages,schedule monitoring,monitoring and C preparation of change orders, RFIs,submittals, daily job logs;weekly progress photos,and monthly reports, maintaining U as-built drawings,site monitoring,coordinating progress meetings,meeting minutes, issue resolution, punch lists and project close-out. C San Jose High Academy Now Science Building and Modernization,San Jose Unified School District,San Q Jose, CA: Project ManagedOwner's Representation for this$11.3 million,high school renovation,project.Aesponsihtlities Q included preparation of bid packages, schedule monitoring, monitoring and preparation of change orders, RFIs, Q submittals,daily job logs,weekly progress photos, monthly reports, maintaining as built drawings, site monitoring, O coordinating progress meetings, meeting minutes, issue resolution, punch lists and closeout.This project was part of a $263 million bond program. 0 Willow Glen High School,San Jose Unified School District,San Jose, CA: ProjectManagerlOwner's Representation 0 for this$8.5 million modernization project incorporating updates to the electrical service, new HVAC,seismic and ADA Q upgrades and limited site work. Responsibilities included preparation of bid packages, schedule monitoring, monitoring 0 and preparation of change orders,RFIs, submittals, daily job logs, weekly progress photos,monthly reports,maintaining as-built drawings, site monitoring, coordinating progress meetings;meeting minutes, issue resolution, punch lists and project closeout.This project was part of a$263 million bond program. O Q 0 14 I Firm Oualifications, Project Team, Experience and Background 0 Q 0 r. FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES (RFP 09-11) Russell Fox Principal-in-Charge s Qualifications Mr. Fox has 27 years of experience in the project and construction management field, 25 of which Education: have been with Kitchell. His background encompasses design management, value engineering, BS,Construction scheduling, cost control,surveying; construction administration, and field supervision.Site evalua Management,California State University Chico tion, contract development,A/E selection and negotiation,and claims avoidance also contribute to r� his ablity to understand client needs. Russell is instrumental in developing viable capital improve; Registradon: i General Contractor's License ment programs for clients,including the development of construction management,systems and B—CA#950139 10 procedures,as well as implementing training sessions for client staff.After successful completion 31 of Total Quality Management(TQM)courses, he has also trained over 200 Kitchell employees on 3 the principles of TOM In addition, during Russells tenure with Kitchell,he has worked at every Availability: managerial level on a wide variety of projects This gives him a unique and realistic approach to As needed 31 project implementation and dealing with issues as they arise. Russ will provide executive level program oversight and track overall client satisfaction. He is responsible for making sure 3 our staff is performing at the highest level of expectation,that they have the tools needed to deliver successful projects, and that the City of Palm Springs is satisfied with Kitchell's performance. Domingo Camarano Education: Regional Executive MBA,Business,university of La Verne BS,Business Administration, { Qualifications Cafiforuia state University Bakersfield Mr. Camarano has 13 years of experience in the industry. His strengths include effective communication and the ability to listen to and comprehend client needs. He utilizes his strengths to BA,Political Science, build teams,oversee the implementation of processes and procedures across disciplines, manage University of California,Santa technical personnel and construction teams,and support clients in meeting requirements of the' Barbara oversight committees. Domingo's expertise includes community outreach;program management; AtIllialtions:Construction Managemem project management;acting as liaison with elected officials,administrative staff and community Association of America groups;and ensuring,project teams meet established schedules,budgets and progress deadlines. (CMAA) With a significant background in economic development and finance, he effectively applies his skills in fiscal management. Member,Western Council of ConstrudonConsumers } Domingo is responsible for ensuring full client satisfaction'with our team's services,personnel, (wCCQ quality and contractual obligations throughout the project(s). Availability: 3 As-needed ) Firm Qualifications, Project Team, Experience and Background I 15 1 FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES (RFPI09-11) i C C C C This page was intentionally left blank. C C C C , C - C C C ; C C C C _C C) _O O C) O 16 l Firm Qualifications Project Team, Experience and Background n ® FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES (RFP09-1'1) Understanding of Construction Owner Representative Services and Work Plan Approach/Methodology Item BA Work Plan Process and Methodology We have outlined the following steps and proven processes to facilitate construction ® owner's representative(OR)services based upon our 33 years of similar project delivery on over$12.7 billion in public sector projects. Kitchell's Owner Representatives are fully committed to providing the City of Palm Springs with the highest level of 1 . ® service,dedication and enthusiasm and fulfill the City's best interests. ® Approach 1. Initial Program Services Irl a. Kitchell's Owner Representative(OR)meets with the City Manager to `t I identify all stakeholders,their roles and responsibilities. D b. The OR maintains communications,networking,;correspondence, with both electronic and hard filing of emails and relevant documentation sF:. —decision making. #` c. The OR, under direction of the City Manager, attends meetings with stakeholders regarding the following: • Confirm pint vision of City and stakeholders 1. Vision statements, guiding principles • Confirm program/project objectives—establish project requirements 1. Projects fulfill vision statement 2. Confirm conceptual project priorities 3. Identify list of projects for selection • Confirm list of conceptual projects with each project's scope requirements } 1. Confirm individual project objectives j 2. Confirm any deficiency with existing project facility not being addressed • Confirm project budgets 1. Kitchell s Estimating Department—provide conceptual budgets 2. Confirm hard costs,soft costs and contingency line items 3. Budget hard cost(for construction)become the design-to budget 4. Include individual project contingency amounts E Understanding of Construction Owner Representative Services and I 17 Work Plan Approach/Methodology FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES(RFP V. l 1) • Confirm the conceptual project timelines 1. Kitchell's Scheduling Department creates overall program/project schedule 2. Schedule to include a single page milestone layout for distribution 3. Each project to include activities with durations for requirements, design,document approval, bid Q and constructionq • Confirm financing availability relative to project timelines Q 1. Obtain funding information from City Manager Gr 2. Ensure project schedules have funding in place prior to bid - 3. Create Matrix of project schedules;costs and available funding C d. Kitchell's OR presents preliminary draft of project scopes,schedules and budgets to City council members and stakeholders.Identify areas of concern including haul routes, construction impact to the facilities ongoing activities, neighborhood impacts during construction and emphasize the positive benefits the completed project has for the City and local neighborhood. e. Kitchell's OR confirms with City Manager the objections, concerns and requests for modifications to the projects. C f. Kitchell's OR provides finalized draft of the project budgets and schedules to required stakeholders,airport authorities, library board,City Council and others as needed. g. Kitchell's OR provides project updates as needed with current status,costs,schedules and relevant photos C for distribution as requested. C C ,2 Assist with Relevant Consultant selection C a. Assist with Environmental and Miscellaneous consultants C • The OR assists wfth.RFP's for consulting services.These include environmental impact reports;CEOA, lead/asbestos surveys,traffic flow analysis and land survey issues.The OR also assists with review of RFP responses from consultants for relevant project experience, proposed staff experience and provide C recommendations and assist with consultant contracts as requested. b. Assist with A/E selection • The OR assists with RFP for A/E services for initial projects.Assist with review of RFP responses for A/E relevant project experience,A/E design vision compatibility with City vision,A/E proposed staff experience for project types they will be designing and providing contract administration,and provide recommendation for interview.Assist with interview panel and provide input on selection of A/E design team and contract as O requested. c. Assist with CM selection • The OR assists the City in preparing an RFP for CM services, review of RFP responses for CM relevant 0 project experience, CM proposed staff experience;and provide recommendation for interview.Assist with interview panel and provide input on selection of CM firm and contract as requested. 18 understanding of Construction Owner Representative Services and 0 Work Plan Approach/Methodology n FACILITY CONSTRUCTION OWNER . REPRESENTATIVE SERVICES (REP 09-11) 10 3. Design Phase b94 a. Kitchell's OR meets with the A/E team and selected City stakeholders to review design documents as they are being developed. Ensure the project y • requirements are being met in the project design drawings.The design-to . budgets include a design contingency of 10%which will be reduced as the project drawings are developed.Periodic budget construction estimates at the schematic, 50%and 90% (also known as the design doc(DD)and . construction doc(CD)phases)ensures the project design is adhering to . the design-to-budget.The design contingency budget serves as a buffer to . maintain the project budget during the design phase. n "' b. Kitchell's A/E department provides Value Engineering(VE)services N. as needed. In the event the design impacts the design-to budget,the OR requests a VE session to be held for possible.design options,and . bidding strategies such as bid alternates are reviewed for additional i options to maintain the project hard costs. * c. Kitchell's fully staffed "in house"A/E department provides constructibility reviews for all civil, architectural,structural,mechanical, ® electrical,code accessibility and FLS disciplines.The OR provides a Y„ concurrent constructibility review of the documents for completeness. d. Ensure the City's information technology requirements are identified, + data backbone and appropriate security systems are incorporated. a. Ensure City construction/design standards are adhered to by the A/E. f. Kitchell's OR assists the City in determining the project delivery method whether it,be single prime, multiple prime, CMAR, etc. 4. Bidding and Award Phase a. Kitchell's OR will assist the A/E,CM,and City during bid period to ensure effective specifications, effective special conditions,effective bid packages scope, bidder outreach, bidder plan rooms, bid advertisement, pre bid meetings and agenda are maintained to provide optimum bidder response.This will require review to ensure the CM has also provided outreach to local subcontractors to ensure local participation and a complete bid estimate for the general contractors. b. Kitchell's OR will assist the CM and A/E with a post bid interview of the low bidders to ensure all relevant scope was included in their bid proposal. Provide a matrix of bidders,with bid quote and any bid alternates along with recommendation for award. c. Kitchell's OR will assist the City with Contract for project as necessary. d. Assist the City IT department with necessary information to post on their web page. ) ® ' Understanding of Construction Owner Representative Services and I 19 L Work Plan Approach/Methodology FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES (RFP 09-11) 5. Construction Phase a. Review and retain copies of contracts, bonds, insurances, submittals, RFI's, supplemental instructions, change order requests, issue logs, pay apps, lien releases, stop notices,closeout documents,warranties and 0&M manuals for client. b. Review schedule for completeness and contract compliance. At updates, assist with recovery Q schedule analysis if necessary. c. Attend weekly meetings at site with A/E, CM and contractor. Ensure schedule is being maintained. Q Advise Owner of all open issues that may impact time or costs. d. Attend weekly meeting with City Manager to review project schedule,costs and pending impacts Q with solutions.Walk the project on an as-needed basis with all necessary City staff. e. Ensure Contractor is providing daily reports to CM.Ensure photos are being taken of the project. 4 f Monthly pay:apes-Review construction schedule updates for reasonableness, and contract compliance. Review schedule of values for reasonableness, review pay application for reasonableness vs. work in place.Review lien releases to ensure pay applications. Q g. Review project field issues where there is possible time or cost impact and provide recommendation to the owner.The OR will request a review of the schedule impact and change order costs from both the CM and A/E. The recommendation will include the recommendation of both the CM and A/E along with the recommendation of the OR with supporting documentation and contract requirements. In, Provide monthly reports to City Council or as needed. Include budget forecast,project photos, and schedule update. Where there are project issues,provide:update, any impact and solutions C for consideration. 1. Facilitate meetings with the owner, contractor,and CM when there is a disputed amount. Ensure C all required information has been provided for the contract, construction site,schedule and cost. Provide recommendation for settlement. j. Present matrix of project budget with contract amount,change orders to data, pending change orders and potential costs of open items to provide overall projected project costs. k. Attend punchlist walkthroughs with A/E, CM and appropriate city staff.Ensure punchlist items are C complete and distributed. 1. Attend commissioning of MEP, elevator and FLS systems with appropriate city staff. m. Ensure all required O&M, extra material stock,warranties and special warranties have been provided. O n. Ensure final notice of completion has been filed. Q o. Follow up with City end users for project warranty issues and general satisfaction. P. Provide final report to City Manager for each project. Q 20 I Understanding of Construction Owner Representative Services and Work Plan Approach/Methodology • FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES (RFP 09-11) • • Methodology • In conjunction to the detailed steps noted above in our work plan process, our philosophy and methodology for achieving . success includes the following key items. • Communication • As part of an employee-owned company, each Kitchell project team member pp is empowered and driven to achieve success in every project we are a part of • Success in our industry equates directly with the satisfaction of our clients and . this understanding translates to every aspect of our work.From our employee training and development programs to the consistent delivery of services via our company-wide, intranet-based project procedures manual,to business Innova tions through our Total Quality Management Program—we provide our clients with highly skilled team members equipped with the tools and talent needed to S successfully deliver your projects,and ultimately your vision. Project success and the City of Palm Springs'satisfaction with our services 31 depend on a spirit of partnership among all team members. We understand the ■3 significance of this ingredient and invest our time and energy in discovering the mutual value in achieving common goals.Our commitment to this effort fosters clear communication and promotes positive relationships with City staff;design , professionals,trade contractors, inspectors and other stakeholders. t� Roles and Responsibilities ' Clear understanding:of each team member's roles and responsibilities establish clear performance expectations and eliminate contusion. We recommend the use of a tabular responsibility matrix defining the roles and responsibilities of each member on the project team.This effort helps to identify potential con- v flicts and omissions of activity before they become issues. It also allows each ' team member to see a snapshot of their responsibilities and how they relate to other team members.We conduct a project kickoff meeting once the entire project team is established to convey these roles and responsibilities j Project Procedures Based on our responsibility matrix, we develop a comprehensive set of project.procedures to enable the project team to better understand,and perform its duties.Beginning with our web-based project procedures manual,these procedures will form the basis from which to customize procedures to meet the City of Palm Springs specific needs.These include specific instructions and responsibilities on,processing documents such as submittals, requests for information,payment applications,change orders and methods for resolving issues through dispute resolution.The project procedures will be published as a resource throughout the projects. Meetings Along with the establishment of published project procedures, we consider meetings an effective means of collaborating on ideas, resolving issues, building relationships and reporting information in a relational environment. To memorialize important } statements made and actions required,concise,accurate meeting minutes issued in a timely manner are just as important as the meetings themselves.We adhere to Kitchell's 48-hour turnaround policy on issuing meeting minutes. } } Understanding of Construction Owner Representative Services and I 21 Work Plan Approach/Methodology FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES(RFP 09-11) Q Progress Reports t; We generate monthly reports both electronically and in writing to sum marize project activities, report schedule and budget status,address current project issues and forecast future activities.The monthly report will form an excellent media for reporting, discussing and resolving .✓° r potential project derailment issues before they impact the project. w Consultant Selection Q In our work with California civic/municipal projects,we have developed �^! request for qualifications documents,developed;distribution lists, led V pre-submittal conferences,documented questions and responses, (y and organized initial selections and final interviews. Our team has also coordinated the selection of technology,California Environmental Quality Act(CEQA),geotechnical,environmental and engineering consultants for specialized projects. Sid Packaging We draw upon our understanding of the local subcontractor market to appropriately,package scopes of work, In deter- mining the bid package scopes,we will consider factors such as project scope, project risk,potential bidders,subcon- tractor bonding capacities, availability of local labor forces,anticipated:bidding and construction schedules, construction phasing,additive and deductive alternates,and other projects competing for the same bidders.We match bid package C scopes to ample supplies of potential qualified bidders in order to yield competitive bid results. Contractor Bid Solicitation C Essential to superior project value is getting qualified trade contractors on the projects.Kitchell conducts an extensive campaign to market the projects to potential qualified bidders.We are very familiar with the local contracting:market and have developed a network database of contractors,subcontractors and suppliers that will be valuable in assisting us In C generating bidder Interest.An intensive telemarketing and information dissemination effort will be undertaken to contact as many qualified bidders as possible and to encourage them to bid on the projects, We ensure there is sufficient com- petition to provide the City with responsive and competitive bids on each bid package.We conduct pre-bid conferences to review the bidding requirements including site investigations. The OR works with the City to facilitate the bidding process by assisting with: C • Advertising bids Q • Maintaining bidder lists • Managing and expediting the issuance of bid documents and addenda Q • Coordinating the receipt of bidder questions and the appropriate responses • Scheduling and conducting pre-bid conferences • Generating and issuing minutes • Monitoring,evaluating and documenting the receipt/responsiveness of bids ♦ Making formal recommendations regarding acceptance of bids • Assisting in preparing the contracts for construction • Issuing the Notices-to-Proceed 22 I Understanding of Construction Owner Representative Services and 0[ Work Plan Approach/Methodology ® FACILITY CONSTRUCTION OWNER ® REPRESENTATIVE SERVICES (RFP 09-11) Item 13.2 Measures in Completing Projects in All Phases Within Budget and Schedule ® Kitchell provides full service capabilities from the design phase through project completion ensuring budget and design commitments are maintained.The following approach provides our abilities to ensure the City's projects are designed and constructed within budget. Applroach Design Phase -'Design Control • Kitchell's OR works with the City to define both the project basis for design(project design requlrementS and the "design-to"costs (project construction hard costs requirements). The project requirements establish both the project"basis for design"and"design-to budget"requirements prior to 3 starting the design.This creates a baseline to ensure the actual A/E design has met the design requirement both 31 aesthetically and functionally and stays within the"design-to" budget. + During the conceptual schematic 50%and 90%design phases,the proposed A/E designs are reviewed to ensure 3 design compliance. This requires periodic sign offs by the City ensuring the design progression is acceptable. • Final sign offs become the construction design documents. • The designs are reviewed for budget compliance. Design Phase - Budget Control • The design-to budget includes a 10%design contingency that is reduced as the drawings are developed. The 10% design contingency serves as design buffer to prevent the design exceeding the project budget.Additionally,at the schematic 50%and 90%design phases, an estimate is performed, either by the A/E firm or Kitchell's estimating department ensuring the current design stays within the"design-to" budget. • If the periodic estimate indicates the design is exceeding the"design-to"budget,the City has a choice to accept the increased design and increased budget or require design modification for a reduced budget.Typically,the A/E revises their design or minimizes an architectural feature. • Kitchell's A/E department can assist-with value engineering to revise the design and reduce costs. • When there is a desire to maintain a design which has exceeded the"design-to budget", bid strategies such as bid alternates can be used to add or delete desired features dependent on final costs at bid time. • Aggressive bidders outreach ensures optimum pricing for the City. Understanding of Construction Owner Representative Services and' I' 23 ) Work Plan Approach/Methodology S FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES (RFP 09-11) G Construction Phase Design Control Q • The construction documents is the approved final design and the specifications/submittal requirements define the level of quality per industry standards. Q • Submittal review start the process of quality control for field installation: • Pre-installation meeting with the contractor, CM and OR ensures proper install per the approved submittals: • Field supervision by the CM assists in proper material installation, • Testing agency ensures the materials are tested and installed properly. • Field Inspection by the inspector ensures the installed materials meet all codes. C • Site visits by the A/E ensures the installation meets specifications and design aesthetics. • Final commissioning ensures the install meets performance requirements. • OR site visits and monthly reports ensure the above process is in place and working. • Contractor to provide warranty that construction meets the project requirements. Construction Phase— Budget Control C • In addition to the contract amount,the project budget carries a construction contingency to cover unforeseen field change orders. The construction contingency is 5%for new construction and 10%for renovation. C • The contract amount Is the basis for the construction phase budget. C • Field issues which could impact time or cost are tracked on a daily basis with an urgent requirement for solution. • Schedules are reviewed at weekly meetings, if necessary,assistance with recovery options. C •>Field directives which increase time or cost are authorized by the City Manager on a lump sum basis or T&M with a not to exceed amount—prior to Issuance in the field. • Field change order costs are reviewed for entitlement with both the A/E and CM.The OR reviews and provides a C recommendation to the City. • Kitchell's Estimating Department can provide detailed estimates for validation it requested, �t •'Kitchell's Scheduling Department can provide schedule impact analysis if requested, Q • Monthly updates contain a matrix with original project budget amount, original contract amount, approved change Q orders,pending change orders and potential change orders for a total projected cost: The contingency amount is reduced as the change orders are Issued.The net project budget remains constant with the contingency amount serving as a buffer to increased contract costs. • In addition to the construction contingency amount, it is recommended the City provides a project contingency which is used for City requested changes that are discretionary on part of the Co. 24 I understanding of Construction Owner Representative Services and 0 Work Plan Approach/Methodology n n FACILITY CONSTRUCTION OWNER ® REPRESENTATIVE SERVICES (RPP 0(9:: 11) Methodology s Design Control—by defining requirements and ensuring design . is appropriate with the design/constructibility review and value engineering sessions. ® Design/Constructibility Reviews Unlike most CM firms, Kitchell has an in-house:Engineering and Architectural Services Department comprised of engineers, architects, programmers, planners and specifications specialists to provide a complete review of the documents. Kitchell has provided over 2,500 peer design/constructiblltty reviews for t, public sector construction projects, managed hundreds of architectural and engineering design projects,and performed " design and constructibility reviews for most of the programs and projects we have managed. To ensure that the City's scope requirements are fulfilled s.4 and field change orders minimized, Kitchell's in-house registered architects and licensed engineers in conjunction with the project team provides our"second set of eyes" peer review for appropriateness,coordination and constructibility concerns.The design documents will be reviewed to ensure conformance with the City's expectations and for code compliance, quality, constructibility, efficiency and cost-effectiveness. Comments identified by reviewers will be entered into a database and design review reports are generated and distributed to the project team to track Issues through completion. Implementing this process ensures the contractors bid on well-planned contract documents. Value Engineering To equip the City of Palm Springs and architects with a builder's perspective as designs emerge,we meet with the project team during the design phase to advise on site use and Improvements,selection of materials, building systems and equipment. We provide recommendations on construction feasibility,availability of materials and labor,time requirements for installation and construction,and factors related to cost, Including costs of alternative designs or materials. In addition to this effort, if requested, Kitchell performs formal value engineering(VE)sessions with our trained and experienced value engineering specialists.These specialists consist of registered architects and licensed engineers operating under the guidelines of the Society of American Value Engineers(SAVE). Budget Control—is achieved with a reasonable estimate of costs carried In the project budget line items for all relevant hard and soft costs, diligent oversight of the design budget and construction budgets, with a design contingency for the design phase,construction contingency for the construction phase, and project contingency for City discretionary Items and unforeseen costs outside of the normal costs. Cost Control Report Throughout the projects, we update the cost control report with emphasis on forecasting the final project cost and projected monthly expenditures. We take an active role in not only showing cost impacts as the projects progress but in providing alternatives and recommendations for maintaining costs within the final budget. ) } } Understanding of Construction Owner Representative Services and I 25 Work Plan Approach/Methodology FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES (RFP 09-11) MOW Item B.3 Project Management Tools Q Q To manage project documentation,cost estimating,scheduling, and budget Q reporting,our computer systems are equipped with state-of-the-art project �! _ management software plus tested and proven programs for scheduling, cost control, project accounting,cash flow analysis,value engineering,; and project documentation. These systems allow us to provide the City of Palm Springs with the latest technology for project logs,communications, C meetings,scheduling,estimating, and budget control.We routinely use I many commercial systems in the management of major programs and projects:We have the flexibility to incorporate any management tools preferred by the City; C We use the following project management tools: C --_ 1. File management system -- — _ 2. Excel-development of program budgets—hard and soft costs C z ; 3. Excel—development of project budgets—hard and soft costs 4. Primavera Schedules-development of program projects development 5. Primavera Schedules—cash flow projections C 6. Primavera Schedules—development of project milestone dates Z Project Photos—status of projects on a daily/weekly/monthly basis 8. Primavera scheduling copies of project schedule reports for status of project 9. Claim Digger-schedule analysis 10, Timberline—estimating services 11. Excel-contract matrix current contract amount,approved change orders, pending change orders 12, Excel—open FIR log C 13. Excel—open project issues 14. Excel—field directive log 15. Excel—current change order log Q 16. Excel-pending change order log (� 17. Excel—potential change order log C� 18.:Excel—monthly update to City on contract status 19. Adobe PDF professional 20. Word—correspondence 21. E-mail-correspondence 22. City of Palm Springs Software as requested (� 26 I Understanding of Construction Owner Representative Services and Work Plan Approach/Methodology FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES (RFP 09-11) Methodology Progress Reports . Progress reports provide a snapshot of project status.We use daily and monthly reports, with each serving specific purposes. The OR collects and reports daily project information to develop a written history of the project. Information included in our daily . reports Includes activities performed, Important events of the day, visitors,materials received,crew size,weather data and Issues . to resolve.This collection of daily reports documents the daily construction events the significance of which may only be known s after project completion. . Monthly reports are generated both electronically and in writing to summarize project activities,report schedule and budget status,address current project Issues and forecast future activities.The monthly report forms an excellent media for reporting, . discussing and resolving potential project derailment issues before they Impact the project. These communication;tools, coupled with our commitment to collaboratively and productively resolving Issues, generate an atmosphere of heathy communication resulting in a true sense of ownership for the success of the projects. ® ltem B.4 Highlighted Construction Project In a Desert Climate 7 Kitchell has identified,the new Palm Desert Sheriff Station as an example of a project which was carried out in a desert environment and for which our firm and proposed key personnel, Mike Villegas, provided Construction Owner Representative Services. In response to the City's RFP, below is a description of how our firm's skills and abilities were applied in the following areas for the Palm Desert Sheriff Station: (a) Responsiveness and attentiveness to client needs Our project team was ons)te everyday and provided the"eyes"and"ears"for Riverside County.We managed the everyday construction operations, coordination of testing and inspections amongst the multiple agencies, quality control, schedule conformance and LEED documentation. (b) Creative ability Due to the Coachella Valley Water District(CVWD)water restrictions with discharge of cooling tower water into their sewerlstorm system;our team developed a few long term, environmentally sensitive solutions for the project.Important knowledge of local water district long term fees and penalties for discharge of cooling tower water. 1. Pipe and discharge from the cooling tower water to the adjacent Marriott Golf Course lake system for their use of Irrigation. Potential yearly savings to County was$100,000. } 2. Pipe and discharge from,the cooling tower water to perimeter misting system for irrigation use onsite.The County chose } this option. 3. Onsite detention basin storage of water. 4. Pipe and discharge from the cooling tower water in containment tanks for use of washing vehicles. } } ) 0 Understanding of Construction Owner Representative Services and 27 n Work Plan Approach/Methodology FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES (RFPi09-11) 1 (c) Knowledgeand understanding of the latest Construction trends We used our Engineering and Architectural Services department for Change Order Validation, in which they used current i bid estimates,square footage costs and our historical unit costs for comparison against contractor submitted change orders. (d) Analytical capability Q The project team was responsible for onsite management of change orders,change orders negotiation, and Q schedule management and assisted the County and contractor with schedule remediation plans in order to maintain baseline;schedule. (a) Oral and written communication skills Our team was responsible for all documentation relating to the project,submitting a Monthly Project Status report to r®� the City Council of Palm Desert, Riverside County Economic Development Agency(EDA)and Riverside County Sheriff's M W Administration. Our team was also responsible for presentation of potential project issues to Executive Management for Q Riverside County and Riverside Sheriff's Department. Q (f) Interaction with client's organization, i.e., other divisions and personnel Kitchell's onsite project team was responsible for coordination with inter-County departments and local public agencies. Q Our project team was responsible for keeping each user group informed on the project status and updates as well as _incorporating County FF&E items and IT requirements for the Sheriff's Station. Riverside County departments included: C EDA, Inspections/Building Safety, Sheriff's Department, IT/Radio,and Environmental C Local agencies included:The City of Palm Desert, Coachella Valley Water District,Gas Company,SCE and Time Warner. (g) Sensitivity to funding constraints Our teamwork during the construction phase has demonstrated the effectiveness of all parties and produced a successful project that meets the Sheriff Department program requirements and budget. Below are several highlighted C accomplishments by our project team: • Construction Phase Change Order Synopsis:Upon review and validation of the project potential change order request estimates/abstracts we were able to identify savings in the builder general conditions and general requirements which corresponded to a decrease of$116,863 in project costs. These savings were a result of (` a collaborative effort and analysis of the general requirements/conditions versus industry standards and general C construction practices. In addition our estimators performed a detailed review of the potential change orders for quantity accuracy, unit cost pricing, and self-performed work,as well as identified any areas of variation.Together, C with the County of Riverside,we were able to preserve the total project change orders to$1,155,821 from $2,400,000(budget)which resulted in an additional savings of$1,244,179. Q Through the collaboration with the County of Riverside Economic Development Agency and Kitchell construction Q management services,we were be able to deliver a project with an enhanced scope and enriched program amenities in accordance with the project budget. 28 I Understanding of Construction Owner Representative Services and L �. Work Plan Approach/Methodology n ® FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES (RFP 09-11) • Item B.5 Challenges and Solutions for Potential Pmjects �rr Kitchell's staff proactively identifies issues to allow for early mitigation and minimize costs to the City.All of the projects . listed below requires coordination with City staff,appropriate City departments,end users,selected A/E,and recommendation to the City Manager for obtaining appropriate permits,consultants (haz-mat,soils engineer, etc.), authorization to construct schedule milestones,construction haul routes, staging areas, construction t phasing plans swing space/relocation plans and specific project requirements for inclusion in the special conditions of the project The following list identifies specific project nuances that should 30 be addressed: 1. Main Library Remodel or Expansion 311 a. Confirm design and budget requirements-meet with end users and City staff 3 b. Asbestos and lead abatement—conduct haz mat survey c. Safety—provide public vs. construction zones,access and signage d. Swing space—provide construction phasing to allow library operations to continue and potential relocation of affected areas. e. MEP utilities—provide temporary power and mechanical as needed with tie-in off hours to allow facilities to remain in operation f. Staging area and truck haul routes-identify locations and include in bid specifications 2. New Parking Garaae a. Confirm design and budget requirements—meet with end users and City staff b. EIR/CEQA—ensure agency approvals are in order c. Staging and haul routes—identify location in bid documents 3. New Fire Station a. Confirm design and budget requirements-meet with end users and City staff b. EIR/CEQA—ensure agency approvals are in order } c. Staging and haul routes—identify location in bid documents d. Neighborhood input—provide positive feedback at council meetings ) i 0 Understanding of Construction Owner Representative Services and ( 29 I Work Plan Approach/Methodology v FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES (RFP 09-11) 4. Park Concession Stand Remodel a Confirm design and budget requirements—meet with end users and City staff b. Asbestos and lead abatement—conduct'haz mat survey Q c. Gonfirm construction duration to limit down time Q S. Compitrized Pad Irrigation and Lighting Control Sj(stem Q a CoriNrm design and budget requirements—meet with end users and City staff Q b. Internet connectivity—identify source with City IT dept c. Irrigation controller—confirm if Cal-Sense or City Standard and confirm if there is a need for sub-grade �1 drainage system C d. Lighting Control module—confirm if local control or Internet e. Confirm lead time on controller and integration into City facility EMS f. Confirm if there is a need for sub grade drainage system 6. Stadium.Remodel C a. Confirm design and budget requirements—meet with end users and City staff C b. Asbestos and lead abatement-conduct haz-mat survey C c. Identify long lead items for early purchase d. Staging and haul routes-identify location in bid documents C e. Confirm if construction phasing is required to maintain operations C f. Confirm swing space/relocation requirements (' g. Confirm schedule duration—include milestone schedule with bid documents Q Z New Pool Equipment Enclosure C a. Confirm design and budget requirements—meet with end users and City staff Q b. Ensure adequate access is designed around equipment c. Ensure adequate ventilation in design d. Ensure chemical storage meets clients needs : (� e. Confirm ongoing operations during construction create phasing plan or off hours as needed 8. Remodel of Airport Car Rental Counters a Confirm design and budget requirements—meet with end users and City staff b. Asbestos and lead abatement—conduct haz mat survey (� 30 I Understanding of Construction Owner Representative Services and 0 Work Plan Approach/Methodology n ® FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES (RFP 09-11) • c. Identify ongoing operation requirements—create phasing plan, off hours work and/or relocation plan d. Minimize construction time—create fast-track schedule for bid documents • e. Staging and haul routes—identify location in bid documents • f. Safety—provide public vs. construction zones,access and signage ® 9. Airport—Boiler System Replacement a. Confirm design and budget requirements—meet with end users and City staff 31 b. Asbestos and lead abatement—conduct haz mat survey 31 c. Safety-provide public vs. construction zones,access and signage 31 d. MEP utilities—provide temp power and mechanical as needed with tie-in off hours to allow facilities to 3 remain in operation 31 e. Staging area and truck haul routes—identify locations and include in bid specification f. Confirm opening in boiler room allows for boiler to be installed g. Confirm gas operating pressure is sufficient for design 10. Airport—Escalator Replacement a. Confirm design and budget requirements—meet with end users and City staff b. Asbestos and lead abatement—conduct haz-mat survey c. Confirm ADA access is maintained with operating elevators d. Safety—provide public vs.construction zones,access and signage e. - MEP utilities—provide temp power, mechanical as needed with tie-in off hours to allow facilities to remain in operation jf. Staging area and truck haul routes-identify locations and include in bid specification g. Confirm access to escalator site through building exterior wall h. Ensure escalator meets City Standards i. Identify lead time on escalator and allow sufficient time in schedule j. Confirm escalator can be maintained by current City Maintenance Agreement k. Confirm Special Warranty requirements- 5 years ) l I ® Understanding of Construction Owner Representative Services and I 31 Work Plan Approach/Methodology FAGII_ITY CONSTRUCTION OWNER C REPRESENTATIVE SERVICES (RFP 09-11) 11. Airport—Desert Landscaping Conversion a. Confirm design and budget requirements—meet with end users and City staff b. Landscape plant availability—confirm local source and confirm CEQA requirements regarding native plant species G 12. Airport—Old Hangar Removal a. Asbestos and lead abatement-conduct haz-matsurvey C b. Staging area and truck haul routes-identify locations and include in bid specification C c. Unforeseen utilities-review as-builts and walk project with maintenance staff d. Utility disconnections POC-detail location and final pullbox,etc. e. Shut downs to occur off hours C f. Recompaction requirements g. Confirm any UG asbestos pipe is properly disposed of C 13. Airport-Demolition of Car Rental Service Facilities Including UST Removal C C a. Asbestos and lead abatement—conduct haz-mat survey c b. Staging area and truck haul routes—identify locations and include in bid specification C c. Unforeseen utilities—review as-builts and walk project with maintenance staff d. Utility disconnections POC=detail location and final pull box,etc. e. Shut downs to occur off hours C f. Over excavation and recompaction g. Soil contamination from UST—provide onsite soils engineer,test soil samples for contamination,off haul C haz materials on T&M basis to haz-mat site and import engineered fill C C U 32 Understanding of Construction Owner Representative Services and 0 r Work Plan Approach/Methodology FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES(RFP 09-11) ® References and Experience with Projects of Similar j Size and Scope Items CA and C.2 Palm Desert Sheriff Station, Riverside County 'i Palm Desert,California ' Kitchell provided owner's representative construction management services for this$33 million, 85,000-sf facility.The station includes investigation 30 units,burglary units, DARE units, processing and accounting areas, evidence 3 warehouse, vehicle bays and a fueling station.This project is registered in the 3 U.S. Green Building Council's LEED-NC 2.1 program and is planned for LEED Gold Certification. Sustainable building components include native drought tolerant landscape, low flow plumbing fixtures,efficient HVAC systems, es lighting systems, photovoltaic system as well as use of local and regional construction materials. This project will be the County of Riverside's first LEED Certified Sheriff's Station. The project was delivered via design-bid-build. Key Issues/Challanges and Soluirons: It was discovered that the Palm Desert Sheriff Station(PDSS)bid set of contract documents,were not submitted for plan check to the local water authority, Coachella Valley Water District(CVWD).Additional plan check for storm water source control and new construction development were required prior to issuance of service connections or permits. During the CVWD plan check review, R was noted that the cooling tower discharge was prohibited from being discharged into the sanitary sewer,per CVWD Regulations Governing Sanitation Service, Chapter 9.Kitchell and HDR met with the District Manager of CVWD,Steve Bigley,to discuss options and alternatives for the cooling tower discharge. HDR reviewed the quality and quantity of discharge and determined that the discharge water was within the parameter established by CVWD, but the quantity exceeded capacity.A tentative agreement was reached between CVWD to permit the discharge of the cooling tower into the sanitary sewer, if all conditions were met. These conditions included bi-yearly service and 3 water sampling by CVWD and surcharge fees ranging from an initial yearly surcharge of$77,000-$271,765.As a result,the project team began to develop alternative discharge methods to the current design in an effort to eliminate the discharge into the sanitary sewer,associated surcharge fees and building life-cycle cost. Budget Information: With the initial construction budget of$24 million,the PDSS project came in under budget with a final construction cost of$21.6 million. {d ef�ratei mom ) El References and Experience with Projects of Similar Size and Scope I 33 } FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES (RFP 09-11) g Kern Valley State Prison, California Department of Corrections and Rehabilitation (CDCR) Delano;California Q Kitchell provided program management services for the new, $380 million, maximum-security facility located on approximately 480 (� acres near the existing state prison.At maximum capacity the prison Q contains 5,080 beds.The facility totals approximately 1.3 million-sf and includes a 33,424-sf correctional treatment facility, 6,121-at for vehicle/building maintenance and a 2,6$9-sf Recycle and Salvage Program building. Also included are:water supply,treatment and distribution systems; ! wastewater collection and treatment systems; natural gas distribution and LPG standby,electrified fencing;food service preparation areas;classrooms;administrative offices; library; laundry; control room;visitation areas;gymnasium;receiving and release areas; mental health services building;chemical/ hazardous material storage areas;,warehouses and an armory.Also included was an energy audit/rebate analysis for a 3,000-ton decentralized system: Key Issues/Challenges and Solutions: At a time when the California Department of General Services(DGS)Real Estate Services Department(RESD)was unable to provide inspectors at Kern Valley State Prison (Delano II), Dave Gettel was able to supplement the RESD inspection staff with top notch inspectors, mostly from his contacts in the industry.The inspectors reported directly to the on-site RESD supervisor. The following eight positions were hired and provided to the RESD Chief Inspector: • Mechanical engineer, HVAC specialist • Two mechanical engineer inspectors • Piping/plumbing inspector • Two electrical inspectors • Structural inspector • OSHPO inspector An additional three general inspectors were also provided to supplement the inspection staff on a short-term basis. C Budget Information: Initial construction budget was$267.9 million, With an increase due to additional scope of work and delayed schedule, the final construction cost$288.8 million. (� Key Personnel imto Dave 4.. s Done.OaltfOrni:a Departisl faf ).A'I.FF*l'w{��*b1y�YA t,.y i z`%p-•� 'ix'9`3. C� � M f Irenoe VQ'}1WWt1 ICfat$rt F Rhode:916.265.333.4 ' iv8ae�et:Gregory. ,Wklght; Ph:G16.255.21961 Cell:`91$,715 00130 t a 34 1 References and Experience with Projects of Similar Size and Scope 0 FACILITY CONSTRUCTION OWNER ® REPRESENTATIVE SERVICES #P 09-11) Pomona Unified School District • Owner's Representative and Construction Management Services Pomona,California .I Kitchell is currently providing construction managementlowner's representative services for the curb appeal,LED marquee, modernization, grade reconfiguration, growth expansion classrooms i and academy programs at four sites.The budgeted value for these projects is$26 million: Scope of services include assisting the A/E and District facility staff with construction design documents; constructibility reviews;value engineering;overseeing,the bidding process;contract administration; "' S review and negotiation of change orders,project costs, submittals and RF1s;schedule analysis and adherence; construction claims;contract compliance; coordination with state and local regulatory agencies;construction phasing; swing space coordination and project closeout. This program is estimated to be completed in'2012. Key lssuesXhallenges and Solutions: Key to these projects was phasing the construction in numerous stages to allow the facilities to remain in operation, 7 This involved creating swing space planning to relocate staff and classroom functions in other parts of the facility and other building on campus,and then relocation after construction was complete. David worked with District staff,school principals and site staff to find solutions that worked for all parties. Budget Information: Initial Budget is$26 million for four projects. Initial start up projects valued at$1.8 million installed last summer. Currently three of the four projects are with DSA for approval,with construction expected to start in Summer of 2011. f 1/ 1/ 1 YI 1 1 I 13ei7ru3] References and'Experience with Projects of Similar Size and Scope I 35 FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES (RFP 09-11) San Bernardino Community College District Measure P Bond Program San Bernardino,california ,+ Kitchell is providing program management services for San Bernardino j; Community College District's Bond Measure P. This$197 million, new Q construction program for their two colleges will be completed in 2011. The program includes campus-wide infrastructure upgrades, parking lot and loop road, a new community recreation center and aquatics Q ii center, athletic field grading and a new learning resource/technology center for the Crafton Hills campus. San Bernardino Valley College Q includes new construction of a media communications building, new maintenance and operations facility,new North Hall replacement d building and a new Chemistry/Physical Sciences building. The new aquatics center is an$8 million facility that includes a 50-meter Myrtha competition pool heated by solar panels. The LEER certified facility,for which Kitchell provided LEED commissioning services,also includes lockers, showers,offices, storage, a multipurpose room, pool mechanical room and related space and bleachers. Site development included a parking lot, landscaping and building access. Q Key Issues/Challenges and Solutions. The Myrtha pool was designed for installation in an area with undocumented artificial fill. Due to the drainage details, the allowable settlement of tolerances was only 1/8 inch over the pool's entire length.To ensure the tolerances were C achieved;the original design featured deepened foundations that added more than 200 drilled piers beneath the (� pool. This design was expensive and could have put the entire project over budget.However, we recommended an ( . alternative design that met settlement tolerances and saved more than$750,000 by eliminating the piers, removing the undocumented fill and replacing it with engineered fill. C Budget Informations The project had an initial construction budget$8.8 million with a forecasted final construction cost of$8.2 million. ` Shahs ttlea:Owners representa8 A agency � � a Ikey,Paraonnal :Mee Vim,t, Patricia Nguyen, Pr*.tManager owner:San.sernardino Community Rabrence Contact:Mr. Charlie Ng,Iriteritrt PhOna:909,382.4021 amalk 36 I References and Experience with Projects of Similar Size and Scope 0 \ l {� FACILITY CONSTRUCTION OWNER 0 REPRESENTATIVE SERVICES (RFP 09-11) ® p1:y ugpt i��y0"f sa:y�i-s.yal jp, Big League Dreams Sports Park,Town of Gilbert rilbert,!ArTzona Kitchell provided PM/CM services for the design and construction oversight for the Town of Gilbert's new$39 million Big League Dreams '< Sports Park(Elliot Road District Park).The park is located on's 57-acre site includes amenities such as eight professional baseball/softball z fields(all replicas of famous ball stadiums with artificial turf), one field house(a 25,000;sf artificial-turf indoor soccer field),two covered multi-sport pavilions,two Stadlum Club sports themed concession buildings, pavilion concession area, an administrative office building,an eight-station batting cage,two youth play areas,three sand volleyball 30 courts, multiuse trails, a corporate events area and parking. r- Key Issues/Challenges and Solutions: Kitchell coordinated utility Installation with the electric company's designer, successfully engaging the power company to underground a quarter mile of 12 KVA lines, install power for the traffic signal,streetlights and a future stubout for the expansion plans of the church.This eliminated four separate applications to the power company,saved$50,000 and three months on the project schedule. Budget Information: D Due to additional scope of work and delayed schedule,the fimal construction cost was$288.8 million. The initial 3 construction budget was$267.9 million. {`i��R;,f IT IF lJ `1 1 3 , References and Experience with Projects of Similar Size and Scope I 41 FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES (REP 0R-11) C C This s age was interifi(y1ally left t.)ian . C - C C C C C C C C C - C C C C C C C� n (7) 42 I References and Experience with Projects of Similar Size and Scope n FACILITY CONSTRUCTION OWNER 00 REPRESENTATIVE SERVICES (RFP 09-11) Local Expertise Demonstrated on the Team Item 0.1 Local Expertise Having been in business for over 60 years,Kitchell has been providing owner's representation and project/construction management services for over 33 years. Our office is located within San Bernardino County in Ontario, Califomia.As a good neighbor to Riverside County and the City of Palm Springs, we dedicate our proposed staff to providing excellent service and results to the City and it's projects, In addition, Kitchell's proposed Senior Project Manager Dave Gettei currently resides In the Coachella Valley in Palm Desert. We have included proof of residence for Dave below. Kitchell Is committed to retaining local residents and providing extensive local outreach to local vendor,contractor and consultant community to offer preference of services for any of the City's projects. In the past year, Kitchell successfully completed construction of a new Sheriff's Station located in Palm Desert, CA for Riverside County. Bringing our vast experience with working as an owner's representative, within the Coachella Valley and working in a desert climate, Kitchell has the knowledge and dedication to successfully provide facility construction owner representative services to the City of Palm Springs. Attachment A and Addenda Acknowledgments J As requested, completed signature authorization(Attachment A)and Addenda Acknowledgments 1,2 and 3, have been Included in Envelope#1. feel M MfOff U P.0.9oxam • I Roaemeed,CA Your electricity bill J EDISON 91771.0001 M ADMON rNMRNA170NA0 Coaam www.sae.eom.. . ... apaAds-: For bov and swvlw ingMn atll 1400-884.8123. Cuatomir aAcomt 24 hm a day,7 days a week Sarvka aoiount Rotadrrpou4 p GroupAD42 I _ I ' ® Local Expertise Demonstrated on the Team I 43 t FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES (RFP 09-11) Item 0.2 Team Members with Local Experience Kitchell has two proposed team members with local experience: Dave fettel,PE,Senior Project Manager and Mike Villegas,CMIT,LEED AP,Project Manager Dave provided detention and correctional expertise and support to the project and attended project meetings on an as- C needed basis. Mike provided owner's representation/project management services for the Palm Desert Sheriff Station(PDSS)project for Riverside County. He was assigned to provide day-to-day contact with the client and other teams involved. Mike C maintained coordination and cooperation among the project teams so that every member becomes a contributing factor in the success of the project.As an owner's representative, Mike became an extension of the County'sstaff and C provided leadership to the project. Mike met regularly with the County and user groups to develop a Clear understanding C of the project's needs. C As done:on the PDSS project, Mike creates a professional working environment for all individuals involved in your project(s)—this ensures full participation and productivity of qualified technical professionals with the expertise required C to successfully complete your projects. C In addition to Mike Villegas, all of our proposed key team members have been providing project and construction C management services throughout Southern California. C C ic ;N C C C C C - C wa r. C n, 44 I Local Expertise Demonstrated on the Team 0 rrfrn+rar� n n EXHIBIT "D" SCHEDULE OF COMPENSATION (see next page) 36 Craig Gledders From: Domingo Camarano[dcamarano@kitchell.coml Sent: Friday, May 06, 2011 2:53 PM To: Craig Gladders Cc: Aubrey Vena Subject: Kitchell's Revised Cost Proposal Attachments: Kitchell Cost Proposal_Revised_5-4-11.pdf KitdeN Cost oposal_Revised Hello, In our original submittal on February 7, 2011, Kitchell provided an aggressive pricing structure. These rates were below our traditional market rates and reflect a discount. We recognize the City's fiscal challenges due to the state budget and the potential impacts on the Redevelopment agency. Given this current market situation, we understand the need for Palm Springs to obtain the greatest value for every dollar spent. Kitchell is committed to developing a long term relationship with the City of Palm Springs and therefore, we have reduced our hourly and monthly flat rates by 10%. Thank you for this opportunity to become the City's valued professional construction services provider. We want to become a trusted vendor to the City of Palm Springs Sincerely, Domingo Camarano 1 FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES tRFP 09-1 1 i Cost Proposal 9 Hourly Rates x N, Position /Hour Senior Project Manager 142 Project Manager 110 Senior Project Engineer 86 Project Engineer 77 y Site Superintendent 130 �.'r Field Office Manager 50 Scheduler 97 �. Estimator 97 Electrical Engineering 105 Structural Engineering 105 Mechanical Engineering 105 Architect 105 Safety 121 Project Executive 158 BIM Manager/Specialist 89 OA/OC Specialist 105 Civil Engineer 105 Engineering/Architectural Services Manager 154 Hourly rates will apply for additional services used by the City for estimating,scheduling, value engineering, constructibility reviews, etc.The rates enclosed are negotiable should Kitchell be selected to provide Facility Construction Owner Representative Services. Cost Proposal FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES (RFP 09-11) Fiat Monthly Rates Dave 6ettel,PE Senior Project Manager $142 173 $24,566 $8,650 $33,216 Dave Schierme er Senior Project i y I Manager $142 I 173 $24,566 $8,650 $33,216 Jim Wilson Project Manager $110 173 1 $19,030 $8,650 , $27,680 MichaelVillegas, _[. ......_._.. _. . _.___... Project Manager $110 173 1$19,030 $8,650 $27,680 CMrT,LEEn AP Patricia Nguyen,Err Project Manager $110 173 1 $19,030 $8,650 $27,680 Staff TBD Office Support $50 173 $8,650 Note:Monthly staffing rate is contingent on owner representative used and if quantity/size of projects require office support and assumes an average 40 hour work week.Monthly Flat Rates are labor costs only. Reimbursable Expenses Kitchell does not mark up reimbursable expenses—all reimbursable expenses are passed through at cost and include: • Postage;overnight delivery,communication,telephone, fax expenses • Plans, prints, photographs Mileage for meetings in which travel from the job site exceeds 15 miles. An example of such travel would be from the job site to architects office 45 miles away. • Office equipment rental, computer rental, supplies Additional Costs Kitchell recognizes the need to be responsible stewards to the City of Palm Springs. As such, Kitchell will not bill for drive time either to or from the site in order to attend project related meetings or functions required to serve as the Owner's Representative. Should the Owner's Representative have to travel outside of the City of Palm Springs to attend a meeting with a City consultant(architect,engineer,supplier)the City will be billed at actual time incurred for travel and meetings. Cast Proposal - - ---- - — - Q EXHIBIT "E" SCHEDULE OF PERFORMANCE As this is an on-call services agreement for potential future facility construction projects, the Schedule of Performance shall be prepared in writing by the Consultant, subject to the approval by the City, for each project as assigned. 37 FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES (RFP 09-11) ": Tempe fast Valley Bus Operation and Maintenance Facility, City of Tempe Tempe,Arizona Kitchell provided construction management services for the$40 million, 103,890-sf, 250-bus facility includes administration offices,operations/ driver facilities for over 500 bus operators, a bus maintenance building;bus canopies and a full liquid natural gas and compressed natural gas(LNG/ CNG)fueling center with fare retrieval and bus wash. In addition,there is a fueling station with diesel, bio-diesel;and unleaded for the Public Works fleet of vehicles.This project was completed one month ahead of schedule. The facility was awarded two LEED'Gold Certifications for(1)the Administration/Operations Building and(2)remainder of the site and facilities. Key Issues/Challenges and solutions: At the start of the project,the site was found to have an unknown amount of waste and debris at depths reaching 10 to 15 feet below grade. The project team devised a plan to extract the waste and divert to recycling centers; and crush and re-use boulders and other materials as suitable backfiil.This effort saved over$100,000 and instead of causing a project delay we were able to gain 20 days on the original schedule. Towards the end of the project the construction team worked especially hard to allow the facility to be occupied almost one month ahead of schedule during a weekend before their busiest time of 9 the year began.This effort made the transition from the old facility to the new much easier for the City to manage compared i to how they originally planned. I Budget Information: l Ultimately we were able to finish the project under budget by approximately$400,000(11/6)—all of which went back in to t the project to complete interior equipment and furnishing needs as well as other site amenity enhancements. A 'ei T'crd r •'� p �, ..yy k rt' b s y, i � . ,. �! .� /� � tr F _- w �' �$ .;jf . �,x� t qV?.+f.. • t �'�- i ,x sM x "Z 1 � '4tf .t`v'« 4 ' r� C 40 References and Experience with Projects of Similar Size and Scope 0 FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES (RFP 09-11) City of West Sacramento On-call Construction Management Services West Sacramento,California h Kitchell was awarded atwo-year contract In 2008 to provide the City of West Sacramento with on-call project management services from predesign through completion.The West Sacramento Community Center,our initial project, is a 21,500-sf,two-story building.Site work includes a concrete plaza with site lighting and landscaped areas including two bio-swale areas.The project has a goal for LEED i Sliver certification. Kitchell is providing construction management and preconstruction l services, Including design reviews,scheduling,estimate validation,front end specification development, bid strategies, and facilitation of bidding and award. Construction management services include facilitation of a preconstruction ' conference, monitoring project schedule,conducting weekly meetings,recording and reporting project progress, conflict resolution,evaluating and negotiating change orders,monitoring RFis and administering the closeout process. Key Issues/Challenges and Solutions The Community Center project was built concurrent with 5 construction projects in the same City block and with contiguous limits of construction,with five different owners design teams,and funding sources.Addressing the tight site constraints and limitations that the Contractor would have to operate within while neighboring projects were under construction was critical to the success of the project. Coordination of utilities, access for construction equipment, and sequencing of critical construction activities among the various concurrent construction activities was a challenging aspect of the project. Monthly project coordination meetings with key representatives from all 5 adjacent projects were conducted to facilitate resolution of conflicts between the projects and to Interface critical construction schedule issues. Budget Information: The final project costs, including change orders(5.250/6),came in under budget. Overall project costs(soft and hard costs)also came in under budget. There were no requests to the City Council for augmentations to the project construction budget. y 1T.4v3S .ore_ 4k 0 References and Experience with Projects of Similar Size and Scope I 39 FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES (RFP 09.11) Q The following projects are being added due to similarities in project types and scope as mention in the City's REP. Our proposed key personnel were not involved in any of the projects listed below. Redwood Shores Community Library, Redwood City Redwood City,California Kitchell provided preconstruction services;construction management at risk services from design through bid phase; and construction management through closeout for the construction of a new, single- story,$15.5 million,22,000-sf library that includes multipurpose rooms, technology center, children's media area,family place, storytelling room,teen space, study and conference rooms,library cafe,catering preparation room,staff break room,and staff and public 1 restrooms. Infrastructure and utilities work were included in this project. f Key Issues/Challenges and d Solullons: The initial design for the fire sprinkler system would not be supportive enough.to handle the fire sprinkler piping. Kitchell revised the design so the sprinkler system would hang from the structure instead of the roof deck,avoiding:any recon- struction or associated costs. In fact, Kitchell's project team saved the owner more than$100,000 with this change. Budget Information: The Redwood Shores Community Library started off as a CMAR project with an original budget of$10.5 million.The project came in over budget at$15.5 million due to the City pulling back and deciding to go with a design-bid-build delivery method.At this time, Kitchell was asked to provide construction management services.Although the project still t came In over budget at completion; Kitchell's value engineering review identified changes the owner could Implement to save$1.5,million. The changes the owner implemented saved$726,000. s1M . v lltx y ppeconetnxtbn and C t7tt3 x. a� 38 I References and Experience with Projects of Similar Size and Scope 0 \ - FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES (RFP 09 11) • San Jose Unified School District Measure C and F Bond Programs ® San Jose,California Measure C: Kitchell provided program, project and construction management services for this 43-school rehabilitation and . modemization program.Specifically, Kitchell was responsible for providing overall program management of the$263 million bond program totaling —2.3 million-sf,and comprehensive project y: management for the district's 13 high schools and middle schools f6 high,7 middle)and two elementary schools. ' Measure F: Kitchell provided program management(owner's representation)for this$550 million program featuring the modernization,renovation and upgrading of 46 school sites, p Kitchell is providing program management for all consulting contracts,district procurement, master budget and schedule, ( as well as serving as construction manager on selected projects. I Key lssues7Challenges and Solutions: • I Leland Stadium Restroom Building Project-The scope of work for this project consists of constructing anew football stadium restroom building with concession area and office for Leland High School and the City of San Jose Parks and Recreation Department.The building included underground utilities(water,sewer,storm drain, electrical and phone), foundations, CMU walls, roofing, interior finishes, restrooms,casework,and site work. The project funding was provided by the SJUSD and City of San Jose.Kitchell was involved in the pre-design,design, construction and project closeout phases of the project. One of the key issues during the design phase was insure the needs of both the SJUSD and City of San Jose were addressed in the design. The project site is located in an existing high school football stadium and the work was performed without shutting down the facility.To perform the work without impact to SJUSD or City of San Jose use of the facility Kitchell meet with all user groups before beginning construction and on a regular basis during the construction phase to update the SJUSD, City of San Jose and the neighborhood of the; project progress. Budget information: The hard project construction budget was$750,000 and the project hard construction cost was$553,798. sAais fid.stadkan ut3111tes; n n,Project Manager "* „ a�an Jose t� fence .At�n Jones, Spit ftit1 r paredni Alm Nji#W.Chris Funk,Asst.SEgiol riderd,San J00 UWW ftigtfttrict,Ph:408.535.6000 '*Wele ftWen,:AmyAuffo Manager,Fat es , leaf` ,"Unified School District,Ph:408.535,6071 0 References and Experience with Projects of Similar Size and Scope I 37 OROfl CERTIFICATE OF LIABILITY INSURANCE# " I DATE IMM DD YYYYi SI�Fl9f19i 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 have ADDITIONAL INSURED provisions or 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 rlahts to the certificate holder in lieu of such endorsemenl(s). PRODUCER IMA, Inc. - Colorado Division 1705 17th Street, Suite 100 Denver CO 80202 INSURED Kitchell Corporation 1707 East Highland Ave, Ste 100 Phoenix AZ 85016 IMA Construction Team INSURER D : INSURER E : COVFRAGFR CERTIFICATF NUMBER' 2R.149471 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LTR 7YPEOFIN6URANCE POUCYNUMBER Y Y uwrs COMMERCIAL GENERAL LWaITY EACHOCCURRENCE 6 'FM CLAIMS MADE a OCCUR PRI E SEE nrre c I I MED EXP (Any one eon) { PERSONAL d ADV INJURY { OEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE { POLICY [] JECT LDC PRODUCTS- COMPrOP AGO { { OTHER A AUTOMOBILE LIABILITY 7014e91e26 6/12023 N12024 a BIN DSIR0IELIMrr {5,000,000 BODILY INJURY (Paw Palaelt) { X ANY AUTO OWNED AUTOSSCHEDULED AUTOS ONLY BODILY INJURY (ParamMam) { PROPER DAMAGE { X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAR OCCUR EACH OCCURRENCE i AGGREGATE EXCESS LIAR_ CLAW4AADE DEC RETENTIONII WORKERSCOMPENSATION AND EMPLOYERS'LIASILITY YIN ANYPROPRIETOR;PARTNERIEXECUYIVE A TE R EL. EACH ACCIDENT It OFFICERMEMBERE%CLUDED7 O NIA (Mandalory In NH) EL. DISEASE - EA EMPLOYEO { It YIN, deal enter DESCRIPTION OF OPERATIONS below EL. DISEASE - POLICY LIMIT A I Automobile Pholcal Damage N N 701413e1B26 6112023 6112024 C:dgdblar. Cpmprehenewe $1.000 don Culll{I.000 DESCRIPTION OF OPERATIONS (LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Behead maybe Meshed R an a0acelare41llreM RE. Professional Services Agreement Facility Construction Owner Representative Services. RECEIVED JUN 01 2023 City Hall Reception Desk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) B11RT:T:!l04I1FVeT4K@ q The ACORD name and logo are registered marks of ACORD All riohts reserved. 14' CNA Business Auto Policy Policy Endorsement It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Person Or Organization ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT TO NAME AS AN ADDITIONAL INSURED 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. 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 Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA71527XX (10-2012) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 43: Page: 1 of 1 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 Policy No: SUA 7014861826 Policy Effective Date: 06/0112023 Policy Page: 188 of 197 ° Copyright CNA All Rights Reserved. 1418: 3 ' of 11 CNA Business Auto Policy Policy Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 11, 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 form, 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 a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. Form No: CNA63359XX (04-2012) Policy No: BUA 7014861826 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 06/01/2023 Endorsement No: 41; Page: 1 of 4 Policy Page: 183 of 197 Underwriting Company: National Fire Insurance Company of Hartford. 151 N Franklin St. Chicago. IL 60606 s Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office. Inc.. used with its permission. 1418: 4 CNA Business Auto Policy Policy Endorsement 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. IL PHYSICAL DAMAGE COVERAGE A. Glass Breakage - Hitting A Bird Or Animal - Failing Objects Or Missiles The following is added to Section Ili, 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. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. 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 individual employee's name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one 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 coveragels) 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 accident 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. 121 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. Form No: CNA63359XX 104-2012) Policy No: 8UA 7014861826 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 06/01/2023 Endorsement No: 41; Page: 2 of 4 Policy Page: 184 of 197 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 v Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. 1418: 5 ' or 15 CNA F. Electronic Equipment Business Auto Policy Policy Endorsement 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 this 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 any one accident is the lesser of: (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 Ill: 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 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 e resident of the same household, includes that person's spouse. Such "executive officers" are insureds while using a covered auto described 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.: Form No: CNA63359XX 104-20121 Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 41; Page: 3 of 4 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago. IL 60606 c Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. Policy No: BUA 7014861828 Policy Effective Date: 06/01/2023 Policy Page: 185 of 197 1418: 6 CNA Business Auto Policy Policy Endorsement (4) Your employees may know of an accident or loss. This will 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 The following is added to Section IV, Paragraph A.S. 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.5.: Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary noncontributory 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. 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. Form No: CNA63359XX (04-2012) Policy No: BUA 7014881826 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 06/0112023 Endorsement No: 41: Page: 4 of 4 Policy Page: 186 of 197 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 I Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office. Inc., used with its permission. 1418, 7 ' of 15 CNA It is understood and agreed that: Business Auto Policy Policy Fndorsel1iant If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. 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 Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA68021 XX (02-2013) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 42; Page: 1 of 1 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago. IL 60606 Policy No: BUA 7014861826 Policy Effective Date: 06/01/2023 Policy Page: 187 of 197 s Copyright CNA All Rights Reserved. 141B: 8 DATE (MM on YYyy) A`oRoe CERTIFICATE OF LIABILITY INSURANCE sl2sr2n23 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: 11 the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on PRODUCER IMA, Inc. - Colorado Division 1705 17th Street, Suite 100 Denver CO 80202 INSLREO Kitchell Corporation 1707 East Highland Ave, Ste 100 Phoenix AZ 85016 IMA Construction Teem INSURERS: INSURER C : INSURER D -. INSURER E COVERAGES CERTIFICATE NUMBER: 568743505 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CCCLAIMS. IL TYPE Of INSURANCE POLICY NUMBER DDC�FF POLISI IIILBBT9 G COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE a CLAIMS MADE ❑OCCUR P AMAGETORENTED ,REMISES E o rme. a $ MED EXP (Any ono arson) $ PERSONAL $ ADV INJURY GENL AGGREGATE LIMIT APPLIES PER: 8 GENERAL AGGREGATE POLICY ❑ JE�7 LOC PRODUCTS - COMP/OP AGO $ $ OTHER A AUTOMOBILE LIABILITY 701488/828 6/1/2023 e1112024 ON1 INEDISI ELIMIT $$,000,000 X BODILY INJURY(Perperaon) 6 ANY AUTO OWNED SCHEDULED AUTOS ONLY BODILY INJURY (Pr accident 8 X PROPER ANUGE $ HIRED X WNED AUTOS ONLY AUTOS ONLY a UMBRELLA LIAB OCCUR EACH OCCURRENCE I AGGREGATE EXCESS UAB_ CLAIMS -MADE DEC ! RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANVPROPRIETORPARTNERIEXECUTIVE ❑ OFFICER'MEMBEREXCLUDEDI NIA ATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE EA EMPLO $ (Mandatory, In NH) If 1�oy, FdnC oe under DESCRIPTION OF OPERATIONS bebw EL.019EABE POLICY LIMIT A Automobile Physical Damage N N 7014861826 WV2023 I WV2024 Deductibles', ConlprsharRlye $1.000 Collision $1000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACONO 101, Additional Remarks Schedule, may be sumhed II more space Is required) RE Professional Services Agreement. CERTIFICATE HOLDER CANCFLI ATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 AUTHORIZED REPRESENTATIVE �14AQ:14 V W�LI 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CHA Business Auto Policy Policy Endorsement It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Person Or Organization ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT TO NAME AS AN ADDITIONAL INSURED 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section 11 - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. 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 Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA71527XX(10-2012) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 43; Page: 1 of 1 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 Policy No: BUA 7014861826 Policy Effective Date: 06/01/2023 Policy Page: 188 of 197 e Copyright CNA All Rights Reserved. 1418: 10 CHA Business Auto Policy Policy Endorsement CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 form, 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: 111) 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 a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. Form No: CNA63359XX (04-2012) Policy No: BUA 7014861826 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 0610112023 Endorsement No: 41; Page: 1 of 4 Policy Page: 183 of 197 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 ° Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. 1418: 11 ' of 1 Business Auto Policy CHA /� Policy Endorsement 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 111, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. 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 individual employee's name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one 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 accident 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. Form No: CNA63359XX 104-2012) Policy No: BUA 7014861826 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 06/01/2023 Endorsement No: 41; Page: 2 of 4 Policy Page: 184 of 197 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 e Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. 1418: 12 ' o CNA F. Electronic Equipment Business Auto Policy Policy Endorsement 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 lose 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 this 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 any one accident is the lesser of: (1) $5,000; or 121 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 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 described 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.: Form No: CNA63359XX (04-2012) Policy No: BUA 7014861826 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 06/01/2023 Endorsement No: 41; Page: 3 of 4 Policy Page: 185 of 197 Underwriting Company: National Fire Insurance Company of Hartford, 161 N Franklin St, Chicago, IL 60606 c Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc.. used with its permission. 1418: 13 ' of 1 CNA Business Auto Policy Policy Endorsement (4) Your employees may know of an accident or loss. This will 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 The following is added to Section IV, Paragraph A.S. 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 5.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. 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. Form No: CNA63359XX 104-2012) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 41: Page: 4 of 4 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 s Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. Policy No: BUA 7014861826 Policy Effective Date: 06/01/2023 Policy Page: 186 of 197 1418: 14 CNA NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS It is understood and agreed that: Business Auto Policy Policy Endorsement If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certdicateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. 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 Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA68021XX (02-2013) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 42; Page: 1 of 1 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 Policy No: BUA 7014861828 Policy Effective Date: 0610112023 Policy Page: 187 of 197 e Copyright CNA All Rights Reserved. 1418, 15 DATE (MM,DD,'YYYY) �coRo CERTIFICATE OF LIABILITY INSURANCE 5/3012024 THISCERTIFICATE 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 have ADDITIONAL INSURED provisions or be endorsed. policy, certain policies may require an endorsement. A statement on If SUBROGATION IS WAIVED, subject to the terms and conditions of the this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: IMA Wichita Team_ __ - --- — IMA, Inc. - Kansas City iPHONE ) 316 267-9221 A/C, No): 11350 Switzer Rd, Suite 200 nooaesS: certs(nimacorp.com _ _ Overland Park KS 66210 - NAICx INSURER(S) AFFORDING COVERAGE INSURER A: National Fire Insurance Company of Hartford 20478 KITCCOR-01 INSURER B INSURED Kitchell Corporation INSURERC:- 1707 East Highland Ave, Ste 100 INSURERD: Phoenix AZ 85016 COVERAGES CERTIFICATE NUMBER: 1097208501 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD F ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION O 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. —_---- _POLICY EUPS TYPEOF INSURANCE COMMERCIAL GENERAL LIABILITY —1 CLAIMS-MADEEl OCCUR OCCURRENCE IS MED EXP (Any one person) PERSONAL 8 ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ jECT D LOC OTHER PRODUCTS - COMPJOP AGG $ E Y Y 7014861826 6/V2024 6i1l2025 COMBINED SINGLE LIMIT Eaacddentl BODILY INJURY (Per person) $ 5,000,000 A AUTOMOBILE LIABILITY x ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED OW AUTOS ONLY X AUOTOS ONLDY $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Pe_r gcGdentj __- $ _ b EACHOCCURRENCE $ UMBRELLAUA13 EXCESS UAB OCCUR CLAIMS -MADE AGGREGATE $ S j DEC) RETENTION E NIA PER AT TE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y J N In NH)IIyes,describe under OF OPERATIONS bebwA E.L. EACH ACCIDENTANYPROPRIETOR;PARTNER,EXECUTIVE❑OFFICER'MEMBEREXCLUDED? E.L. DISEASE • EA EMP(Mandatory #IR E.L. DISEASE - POLICYDESCRIPTION 7014861826 611/2611/2025 ComprehensieDed.C011lslon Daduchbie Automobile Physical Damage DESCRIPTION OF OPERATIONS ± LOCATIONS' VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached 11 more space Is required) Certificate Holder and all other parties required by the contract are Included as Additional Insured on the Automobile Liability Policy. If required by written contract or agreement, subject to the policy terms and conditions. This Insurance is Primary & Non -Contributory on the Automobile Liability Policy. If required by written contract or agreement subject to the policy terms and conditions A Waiver of Subrogation is provided in favor of Certificate Holder and all other parties required by the contract on the Automobile Liability Policy. if required by written contract or agreement, subject to the policy terms and conditions. Automobile Liability Coverage includes 30 day notice of cancellation, subject to the terms and conditions of the policy. Certificate Holder and all other parties required by the contract are included as Loss Payee on the Automobile Physical Damage Coverage, if required by written See Attached CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE JUN 10 2024 THE IACCORDAINCEIWTHON DTH POLICYATE PROVISIONS.NOTICE WILL BE DELIVERED IN City of Palm Springs 3200 E. Tahquitz CarCWpftE OF THE CITY CLE UTHORIZEDREPRESENTATIVE Palm Springs CA 922 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 1 nl>> z - ,,r 1 1001: 2 of W AGENCY CUSTOMER ID: KITCCOR-01 LOC #: AC"R � ADDITIONAL REMARKS SCHEDULE AMED INSURED AGENCY itchell Corporation IMA. Inc. - Kansas City 707 East Highland Ave, Ste 100 _ AZ 85016 POLICY NUMBER qPhoenix NAIC CARRIERFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE contract or agreement, subject to the policy terms and conditions. RE. Professional Services Agreement Facility Construction Owner Representative Services Page 1 Of 1 © 2008 ACORD CORPORATION. All rights reserved. ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD 1()01 3 1001: 3 of 17 CNA Business Auto Policy Policy Endorsement ON It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Person Or Organization ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT TO NAME AS AN ADDITIONAL INSURED 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. 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 Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA71527XX (10-2012) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 43; Page: 1 of 1 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 O Copyright CNA All Rights Reserved. Policy No: 7014861826Policy Effective Date: 06/01 /2024Policy Page: 188 of 197 1001, 4 ' of 1 1001: 4 of CNA Business Auto Policy Policy Endorsement _ _ IM CONTRACTORS EXTENDED COVERAGE ENDtRSEMIEIVT =111S THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 form, 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 a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. I Policy No: 7014861826Policy Form No: CNA63359XX (04-2012) Effective Date: 06/01,12024 Endorsement Effective Date: Endorsement Expiration Date: Policy Page: 183 of 197 Endorsement No: 41 ; Page: 1 of 4 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 Copyright CNA All Rights Reserved. Includes copyrighted material of the 1001: 5 Insurance Services Office, Inc., used with its permission. 1001: 5 0f 17 CNA Business Auto Policy Policy Endk dement 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. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. 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 individual employee's name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one 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: 11► Include loss of use, provided it is the consequence of an accident 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. Form No: CNA63359XX 104-2012) Policy No: 7014861826Policy Endorsement Effective Date: Endorsement Expiration Date: Effective Date: 06101 /2024 Endorsement No: 41; Page: 2 of 4 Policy Page: 184 of 197 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 O Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. 1001: 6 of 1 1001: 6 of 1 CNA Business Auto Policy Policy Endorsement F. Electronic Equipment 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 this 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 any one accident is the lesser of: (1) $6,000; 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 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 described 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.: Policy No: 7014861826Policy Form No: CNA63359XX 104-2012) Endorsement Effective Date: Endorsement Expiration Date: Effective Date: O6/01 /2024Policy Page: 185 of 197 Endorsement No: 41; Page: 3 of 4 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 �® Copyright CNA All Rights Reserved. Includes copyrighted material of the 1001: 7 Insurance Services Office, Inc., used with its permission. 1001: 7 CNA Business Auto Policy (4) Your employees may know of an accident or loss. This will 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 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.5.: Regardless of the provisions of Paragraphs 5.a. and 5.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. 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. Form No: CNA63359XX (04-2012) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 41 ; Page: 4 of 4 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 ® Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. Policy No: 7014861826Policy Effective Date: 06/01 /2024 Policy Page: 186 of 197 1001: 8 ` of 17 1001: 8 of 1 Business Auto Policy CMAPolicy Endorsement It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective, If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. 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 Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA68021 XX (02-2013) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 42; Page: 1 of 1 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 _ Copyright CNA All Rights Reserved. Policy No: 7014861826Policy Effective Date: 06/01 /2024 Policy Page: 187 of 197 1001: 9 1001: 9 of 17 DATE (MM,DD,YYYY) CERTIFICATE OF LIABILITY INSURANCE 5/30/2024 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT IMA, Inc. - Kansas City P" E IMA Wichita Team FAX 11350 Switzer Rd. Suite 200 xt1: 316-267-9221 (A:C.No): Overland Park KS 66210 ADDRESS: certs@imacorp.com _ INSURER(S) AFFORDING COVERAGE NAIC x INSURER A: National Fire Insurance Company of Hartford 20478 INSURED KITCCOR•01 INSURER B : Kitchell Corporation - — -- 1707 East Highland Ave, Ste 100 INSURERC: Phoenix AZ 85016 INSURERD: COVERAGES rFRTIFI(:ATF NI IMRF'R• )n711rAQAA RFVICIl1N NI IIIARll THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSIR DIDLSUBR Pill EFF POLICY P LTR TYPEOFINSURANCE POUCYNUMBER pIYY MM001YlYY LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACHOCCURRENCE $ $ DAM T NT D PREMISES Ea ocwrrenee MED EXP (Any one person) _ $ _- PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PROJECT• u 1_J LOC GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ OTHER: A AUTOMOBILE X LIABILITY I ANY AUTO Y Y 7014861826 6/1/2024 6/1/2025 IOMBINEDSINGLE LIMIT ( a accident $5.000,000 BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per aycident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY $ UMBRELLA LIAB HCLAIMS-MADE OCCUR EACHOCCURRENCE $ AGGREGATE $ EXCESSLIAB DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR, PARTNEREXECUTIVE OFFICERIMEMBEREXCLUDED? N / A OT ISTATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory In NH) lips, describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A Automobile Physical Damage 7014861826 6/lr202; 6!112025 Comprehemive Died $1.000 Collision Deductible $1.000 DESCRIPTION OF OPERATIONS J LOCATIONS VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Certificate Holder and all other parties required by the contract are included as Additional Insured on the Automobile Liability Policy, if required by written contract or agreement, subject to the policy terms and conditions. This Insurance is Pnmary & Non -Contributory on the Automobile Liability Policy, If required by written contract or agreement. subject to the policy terms and conditions. A Waiver of Subrogation is provided in favor of Certificate Holder and all other parties required by the contract on the Automobile Liability Policy, if required by written contract or agreement. subject to the policy terms and conditions. Automobile Liability Coverage includes 30 day notice of cancellation, subject to the terms and conditions of the policy. Certificate Holder and all other parties required by the contract are included as Loss Payee on the Automobile Physical Damage Coverage. if required by written See Attached... CFRTIFICATF Hnl DFR CAIJCFI I ATInAI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 AUTHORIZED REPRESENTATIVE 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 1001: 10 of 11 1001: 10 of irJRD AGENCY IMA. Inc. - Kansas City POLICY NUMBER CARRIER AGENCY CUSTOMER ID: KITCCOR-01 LOC #: ADDITIONAL REMARKS SCHEDULE NAMED INSURED Kitchell Corporation 1707 East Highland Ave, Ste 100 Phoenix AZ 85016 NAIC CODE EFFECTIVE DATE: Page 1 of 1 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD 1001 11 ' 1001: 11 of 1 CNA Business Auto Policy Policy Endor -.,went Ir ADDITIONAL INSURED - PRIMARY AND NON CONTRIBUTORY mm� I ­ I - I ­ ............... . . . . . . . . . . . . I—, .. 11 & .I I __ I It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Person Or Organization ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT TO NAME AS AN ADDITIONAL INSURED 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. 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 Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA71527XX (10-2012) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 43; Page: 1 of 1 Underwriting Company: National Fire Insurance Company of Hartford 60606 ® Copyright CNA All Rights Reserved. 151 N Franklin St, Chicago, IL Policy No: 7014861826Policy Effective Date: 06/01 /2024Policy Page: 168 of 197 1001 12 1001: 12 Business Auto Policy CNAPolicy Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 form, 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 a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. Policy No: 7014861826POlicy Form No: CNA63359XX (04-2012) Effective Date: 06/01/2024 Endorsement Effective Date: Endorsement Expiration Date: Policy Page: 183 of 197 Endorsement No: 41 ; Page: 1 of 4 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 Copyright CNA All Rights Reserved. Includes copyrighted material of the 1001: 13 Insurance Services Office, Inc., used with its permission. CNA Business Auto Policy Policy Endorsement 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. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. 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 111, 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 individual employee's name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one 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 accident 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. Form No: CNA63359XX (04-2012) Policy No: 7014861826Policy Endorsement Effective Date: Endorsement Expiration Date: Effective Date: 06/01 /2024 Endorsement No: 41; Page: 2 of 4 Policy Page: 184 of 197 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 '° Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc.. used with its permission. 1001: 1a 1001: 14 of CMA Business Auto Policy Policy Endorsement F. Electronic Equipment 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 this 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 any one accident is the lesser of: (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 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 described 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.: Form No: CNA63359XX (04-2012) Endorsement Expiration Date: Endorsement Effective Date: Endorsement No: 41; Page: 3 of 4 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 __- ® Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. Policy No: 7014861826Policy Effective Date: 06/01 /2024Policy Page: 185 of 197 1001: 15 ' CNA Business Auto Policy Policy Endorsement 01 (4) Your employees may know of an accident or loss. This will 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 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.5.: Regardless of the provisions of Paragraphs 5.a. and 5.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. 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. Form No: CNA83359XX (04-2012) Endorsement Expiration Date: Endorsement Effective Date: Endorsement No: 41; Page: 4 of 4 Underwriting Company: National Fire Insurance Company of Hartford, 1 51 N Franklin St, Chicago, IL 60606 e Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. Policy No: 7014861826Policy Effective Date: 06101 /2024 Policy Page: 186 of 197 1001. 16 4 CNA Business Auto Policy Policy Endorsement 1 It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. 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 Policy EffectiveEffective Date)date is shown bepolicy lowaand expiresstated Currentsaid lypolicy, ith said policyanother effective date (the Endorsement Form No: CNA68021 XX (02-2013) Endorsement Expiration Date: Endorsement Effective Date: Endorsement No: 42; Page: 1 of 1 nce Company of Hartford, 151 N Franklin St, Chicago, IL Underwriting Company: National Fire Insura 60606 _ ___ Copyright CNA All Rights Reserved. Policy No: 7014861826Policy Effective Date: 06/01 /2024 Policy Page: 187 of 197 1001: 17