Exhibit 1: First Amendment — Alameda City Council, November 19, 2024

07/18/23
Kitchell Roofing PM

AMENDMENT TO AGREEMENT
This Amendment of the Agreement, entered into this ____ day of November 2024, by and between the CITY OF ALAMEDA, a municipal corporation (hereinafter " the City") and KITCHELL CEM, INC., a California corporation whose address is 2450 Venture Oaks Way, Suite 500, Sacramento, CA 95833, (hereinafter "Provider"), is made with reference to the following:

RECITALS:

A. On April 24, 2024 , an agreement was entered into by and between the City and Provider (hereinafter "Agreement") in an amount not to exceed $73,256.00, for Construction Project Management Services.

B. Whereas, the City Council authorized the City Manager to execute this Agreement, as amended on ___________________.

C. The City and Provider desire to modify the Agreement on the terms and conditions set forth herein.

NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

1. Paragraph 3, COMPENSATION TO PROVIDER, is modified to read as follows:
a. By the 7th day of each month, Provider shall submit to the City an invoice for the total amount of work done the previous month. Pricing and accounting of charges are to be according to the fee schedule as set forth in Exhibit A-1 and incorporated herein by this reference. Extra work must be approved in writing by the City Manager or his/her designee prior to performance and shall be paid on a Time and Material basis as set forth in Exhibit A-1. b. Provider shall be compensated for the services performed in accordance with the original c ontract consistent with the terms of th e agreement. Additionally, Provider shall be compensated for the First Amendment, covering services at the hourly rates set forth in Exhibit A-1 of the First Amendment. Compensation for services performed pursuant to the First Amendment shall not exceed $38,247.00. Total Compensation for this Agreement shall not exceed $111,503.00.

4. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect.

Signatures on following page
Docusign Envelope ID: A8B6124F-E2E9-4E61-912B-2E1C94C046BE Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED 07/18/23
Kitchell Roofing PM
IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed on the day and year first above written.

KITCHELL CEM, INC., CITY OF ALAMEDA,
A Municipal Corporation

__________________________ __________________________ Geoffrey Bachanas Jennifer Ott
President City Manager

RECOMMENDED FOR APPROVAL:
_________________________
Maria Davila
Assistant Secretary, Finance Director
____________________________
Abbigail Thorne-Lyman
Base Reuse and Economic Development
Director

APPROVED AS TO FORM:

City Attorney

____________________________
Len Aslanian
Assistant City Attorney
Docusign Envelope ID: A8B6124F-E2E9-4E61-912B-2E1C94C046BE Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED

City of Alameda - Base Reuse & Economic Development
Fee Estimate & Timeline - UPDATED
08/08/24

A M J J A S O N D J F
1 2 3 4 5 6 7 8 9 10 11 Total Hours Total $
Due Diligence
Close-out
Due Diligence
Design &
Permit
Close-out

DUE DILIGENCE
Position / Classification Name
Project Director S teven Dewan 0 17 17 4,488$
Project Manager Erin Griffin 0 9 9 1,971$
Subtotal - DUE DILIGENCE (Hours) 0 26 0 0 0 0 0 0 0 0 0 26 6,459$

DESIGN & PERMIT
Position / Classification Name
Project Director S
teven Dewan 13.5 14 3,564$
Project Manager Erin Griffin 16 16 3,504$
Subtotal - DESIGN & PERMIT (Hours) 0 0 30 0 0 0 0 0 0 0 0 30 7,068$

BID & AWARD
Position / Classification Name
Project Director S
teven Dewan 13 24 24 6 1 16,104$
Project Manager Erin Griffin 25 32 32 89 19,491$
Subtotal - BID & AWARD (Hours) 0 0 0 38 56 56 0 0 0 0 0 150 35,595$

CONSTRUCTION MANAGEMENT
Position / Classification Name
Project Director S
teven Dewan 12 12 12 10 46 12,250$
Project Manager Erin Griffin 48 48 48 48 192 42,468$
Scheduler Rick Stassi 0 0 0 0 0 -$
Subtotal - CONSTRUCTION (Hours) 0 0 0 0 0 0 60 60 60 58 0 238 54,718$ Construction
Schedule / Phase
2024 2025
Due Diligence (Planned)
D
esign & Permit (Planned) Design & Permit
Bid & Contract Award (Planned) Bid & Contract Award
Construction Management (Planned)
Post-Construction / Project Closeout (Planned)
Due Diligence (Actual)
De
sign & Permit (Actual)
Bid & Contract Award (Projected) Bid & Contract Award
Construction Management (Projected)
Post-Construction / Project Closeout (Projected)
Construction
Exhibit A-1
Docusign Envelope ID: A8B6124F-E2E9-4E61-912B-2E1C94C046BE Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED

POST CONSTRUCTION / CLOSE-OUT
Position / Classification Name
Project Director Steven Dewan 8 8 2,196 $
Project Manager Erin Griffin 24 24 5,466 $
Subtotal - CLOSE-OUT (Hours) 0 0 0 0 0 0 0 0 0 0 32 32 7,663 $ HOURS SUBTOTAL 0 26 30 38 56 56 60 60 60 58 32 476 111,503 $ Contract Value 73,256 $
Notes: DELTA 38,247 $
The timeline was based on experience with projects of similar size and complexity but may require further evaluation.

Quantities of hours are estimated only. Actual time will be billed on a Time & Material basis.

Refer to attached Hourly Labor Rates summary.

Docusign Envelope ID: A8B6124F-E2E9-4E61-912B-2E1C94C046BE Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED City of Alameda
Base Reuse & Economic Development
Hourly Labor Rates
03/21/24
Position
2024
Hourly Rates
Project Director / Arch/Engineering Director $264.00
Project Manager 2 $219.00
Project Manager 1 $202.00
Estimator $197.00
Arch/Engineering Specialist $197.00
Office Administration $118.00
Assumptions / Qualifications:

Kitchell Rates
The hourly rates listed above are fully burdened with employee benefits, statutory requirements, overhead and profit, include employee computers, cell phones, and normal travel expenses to and from the site.

All hourly rates will be escalated by 4% on January 1st of each year.

An allowance for reimbursable expenses has been included. Reimbursables expenses are assumed to include mail and overnight delivery services, reproduction of reports, drawings, specifications, photographs, project office & equipment, telecommunications, office supplies/consumables, project related travel, and similar. It is assumed that reimbursable expenses will be billed at actual cost plus 10% markup within the established allowance amount.

Project office trailer and associated setup, utilities, furniture, fixtures, and equipment have not been included and are assumed to be provided by the City and/or the Contractor for use by the PM/CM.

Docusign Envelope ID: A8B6124F-E2E9-4E61-912B-2E1C94C046BE Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
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).

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.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

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. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
5/30/2024
IMA, Inc. - Kansas City
11350 Switzer Rd, Suite 200
Overland Park KS 66210
IMA Construction Team
316-267-9221
[email protected]
National Fire Insurance Company of Hartford
20478
KITCCOR-01
Kitchell CEM Inc.
2450 Venture Oaks Way Suite 500
Sacramento, CA 95833
2056061332
A
5,000,000
X
X
X
Y
Y
7014861826
6/1/2024
6/1/2025
A
Automobile Physical Damage
7014861826
6/1/2024
6/1/2025
Comprehensive Ded.

Collision Deductible
$1,000
$1,000
RE: SERVICE PROVIDER AGREEMENT.

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 and 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.

See Attached...

City of Alameda
2263 Santa Clara Avenue
Alameda CA 94501
Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED 11/5/2024

ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:

ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY CUSTOMER ID:

LOC #:

AGENCY

CARRIER NAIC CODE

POLICY NUMBER

NAMED INSURED
EFFECTIVE DATE:

KITCCOR-01
1 1
IMA, Inc. - Kansas City
Kitchell CEM Inc.
2450 Venture Oaks Way Suite 500
Sacramento, CA 95833
25 CERTIFICATE OF LIABILITY INSURANCE
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 contract or agreement, subject to the policy terms and conditions.

Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED Business Auto Policy
Policy Endorsement

ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY
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.

Policy No: 7014861826 Policy
Effective Date: 06/01/2024 Policy
Page: 188 of 197
Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED Business Auto Policy
Policy Endorsement

CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS I.

1. 2.
a.
b.
(1)
(2)

3. 4.

1. 2.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

LIABILITY COVERAGE
Who Is An Insured
The following is added to Section II, Paragraph A.1., Who Is An Insured:
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.

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.:

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.

Does not apply to:

Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or
Any such organization that is an insured under any other liability "policy" providing auto coverage.

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.

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:

Which are no longer in force; or
Whose limits have been exhausted.

Bail Bonds and Loss of Earnings
Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows:

In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day.

Endorsement No: 41; Page: 1 of 4
Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606
Form No: CNA63359XX (04-2012)
Endorsement Expiration Date:Endorsement Effective Date:
© Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission.

Policy No: 7014861826 Policy
Effective Date: 06/01/2024
Policy Page: 183 of 197
Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED Business Auto Policy
Policy Endorsement
C.

II.

B.
a.
b.

C.
a.

D.
a.
b.
c.
d.
e.
(1)
(2)
E.

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.

PHYSICAL DAMAGE COVERAGE
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.

Transportation Expenses
Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide:
$60 per day, in lieu of $20; subject to
$1,800 maximum, in lieu of $600.

Loss of Use Expenses
Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide:
$1,000 maximum, in lieu of $600.

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:

Any covered auto you lease, hire, rent or borrow without a driver; and 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.

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.

The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned autos.

Such physical damage coverage for hired autos will:

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.

Such coverage as is provided by this provision will be subject to a limit of $750 per accident.

Airbag Coverage
The following is added to Section III, Paragraph B.3.:

The accidental discharge of an airbag shall not be considered mechanical breakdown.

Endorsement No: 41; Page: 2 of 4
Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606
Form No: CNA63359XX (04-2012)
Endorsement Expiration Date:Endorsement Effective Date:
© Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission.

Policy No: 7014861826 Policy
Effective Date: 06/01/2024
Policy Page: 184 of 197
Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED Business Auto Policy
Policy Endorsement
F.
c.
d.

G.
a.
b.
c.
d.
(1)
(2)
III.

1. a.
b.
(1)
(2)

2. IV.

Electronic Equipment
Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following:

Physical Damage Coverage on a covered auto also applies to loss to any permanently installed electronic equipment including its antennas and other accessories A $100 per occurrence deductible applies to the coverage provided by this provision.

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:

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
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.

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.

The most we will pay for loss to a covered auto in any one accident is the lesser of:
$5,000; or
20% of the auto's actual cash value (ACV).

Drive Other Car Coverage – Executive Officers
The following is added to Sections II and III:

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:

An auto owned by that "executive officer" or a member of that person's household; or 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.

Equal to the greatest of those coverages afforded any covered auto; and Excess over any other collectible insurance.

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.

BUSINESS AUTO CONDITIONS
Duties In The Event Of Accident, Claim, Suit Or Loss
The following is added to Section IV, Paragraph A.2.a.:

Endorsement No: 41; Page: 3 of 4
Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606
Form No: CNA63359XX (04-2012)
Endorsement Expiration Date:Endorsement Effective Date:
© Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission.

Policy No: 7014861826 Policy
Effective Date: 06/01/2024 Policy
Page: 185 of 197
Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED Business Auto Policy
Policy Endorsement
(4)
(6)
B.

E.
a.

The following is added to Section IV, Paragraph A.2.b.:

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.

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.

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.

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.

Policy Period, Coverage Territory
Section IV, Paragraph B. 7.(5).(a). is revised to provide:
45 days of coverage in lieu of 30 days.

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.

Policy No: 7014861826 Policy
Effective Date: 06/01/2024
Policy Page: 186 of 197
Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED Business Auto Policy
Policy Endorsement

NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS
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.

Policy No: 7014861826 Policy
Effective Date: 06/01/2024
Policy Page: 187 of 197
Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:

CERTIFICATE NUMBER:

COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY
AUTOS

AUTOS ONLY

NON-OWNED

SCHEDULED
OWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER
LIMITS
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBER

TYPE OF INSURANCE
LTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB

UMBRELLA LIAB
$

EACH OCCURRENCE
$

AGGREGATE
$
OCCUR

CLAIMS-MADE
DED

RETENTION
$
$

PRODUCTS - COMP/OP AGG
$

GENERAL AGGREGATE
$

PERSONAL & ADV INJURY
$
MED EXP (Any one person)
$

EACH OCCURRENCE

DAMAGE TO RENTED
$
PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY
PRO-
JECT
LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
5/21/2024
ACIG Insurance Agency, Inc.
2600 N. Central Expwy. Suite 800
Richardson, TX 75080
972-702-9004 972-687-0601
www.acig.com
Brian Callaghan
[email protected]
Kitchell CEM, Inc.
2450 Venture Oaks Way, Suite 500
Sacramento CA 95833
80105391
✓ ✓
✓
City of Alameda, its City Council, boards, commissions, officials, employees, and volunteers are named as additional Professional/Pollution *Aggregate limit is total insurance available for all claims presented within the policy period for operations of

SERVICE PROVIDER AGREEMENT
City of Alameda
2263 Santa Clara Avenue
Alameda CA 94501

SERVICE PROVIDER AGREEMENT
insured as required by written contract.
insured. Limit will be reduced by payments of indemnity and/or expenses.

A 10,000,000GL24A00078 6/1/2024 6/1/2025
100,000GL24B00078 (GL Excess) 6/1/2024 6/1/2025A
✓
GL24C00078 (GL Excess) 6/1/2024 6/1/2025A 5,000
✓
10,000,000
10,000,000
10,000,000✓
✓
B WCA000006824 6/1/2024 6/1/2025 1,000,000NB WCA000002024 6/1/2024 6/1/2025 1,000,000
1,000,000
American Contractors Ins. Co. RRG 12300
ACIG Insurance Company 19984
80105391 | KITCHELL | 24/25 GL WC PL 5/5 | Abbie Fisher | 5/21/2024 11:33:30 AM (CDT) | Page 1 of 5 This certificate cancels and supersedes ALL previously issued certificates.

Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED 1170

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.)

Endorsement Effective: Same as policy effective date unless otherwise indicated above.

Policy Effective: Policy No.: Endorsement No.:

Insured: Premium $

Insurance Company: American Contractors Insurance Co. RRG

ADDITIONAL INSURED – AUTOMATIC STATUS
AS REQUIRED BY CONTRACT – BLANKET

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

SCHEDULE

Any person or organization that you are required by written contract to include as an additional insured on this policy if the contract is executed prior to the loss.

A. Section II, Who Is An Insured is amended to include as an addi tional insured any person or organization shown in the above S CHEDULE (called additional insured), but only with re spect to liability for “bodily injury”, “property damage” or “personal and advertising injury” arising out of your premises or your operations for the additional insured, and only to the extent and for the minimum limits required in the written contract.

B. The insurance provided to the additional insu red is subject to the following limitations:

1. Unless a written contract specifically requires additional insured coverage for your completed operations, this insurance does not apply to “bodily injury” or “property damage” occurring after “your work” for the additional insured has been completed or after that portion of “your work” out of which the “bodily injury” or “property damage” arises has been put to its intended use by any person or organization, whichever occurs first.

2. Unless broader coverage is specifically required by written contract, this insurance provides additional insured coverage only for liability for “bodily injury”, “property damage” or “personal and advertising injury” to the extent caused by the named insured’s acts or omissions or the acts or omissions of those acting on the named insured’s behalf. If broader coverage is specifically required by written contract, this insurance does not apply to “bodily injury” or “property damage” or “personal and advertising injury” arising out of the s ole negligence, act, or omission of the Additi onal Insured unless additional insured cove rage for an Additional Insured’s sole negligence, act, or omission is specifically required by written contract.

3. This insurance does not apply to “bodily injury”, “property damage” or “personal and advertising injury” for which the additional insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement except to the extent that the additional insured would have been obligated to pay such damages in the absence of the contract or agreement.

4. This insurance does not apply to “bodily injury”, “property damage” or “personal and advertising injury” arising out of the rendering or failure to render any professional services by any insured or on any insured’s behalf, including:

a) The preparing, approving or failing to prepare or appr ove maps, shop drawings, opini ons, reports, surveys, field orders, change orders, drawings or specifications; or
b) Supervisory, inspection, architec tural, or engineering services.

This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the “occurrence” which caused the “bodily injury” or “property damage”, or the offense which caused the “personal and advertising injury”, involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services.

5. This endorsement shall not apply to a person or organization if any other additional insured endorsement attached to this po licy specifically applies to that person or organization.

6. The insurance afforded herein only applies to the extent permitted by applicable state law, including statutes governing add itional insured coverage in the construction industry.

7. The insurance afforded to the additional insured shall not exceed the minimum limits required in the written contract.

C. In no event shall the insurance provided to the additional in sured exceed the minimum coverage required by the written contr act, including
but not limited to minimum limits, minimum scope of coverage, or minimum duration of coverage. If a written contract or agreement requires that additional insured status be provided by the use of specified edition dates of the ISO CG2010 and/or CG2037, then the term s of that endorsement are incorporated into this endorsement as respects such additional insured and shall supersede the coverage grant a nd limitations in Sections A. and B. of this endorsement. In the event that CG2010 and/or CG2037 are required but no edition dates are specified, the 04/13 editions shall apply.

D. This insurance is excess to any other in surance, whether primary, excess, contingent or on any other basis, available to the additional insured unless a written contract requires that this insurance be primary or primary and non-contributing. However, this insurance is always excess to other insurance, whether primar y, excess, contingent or on any other basi s, when the additional insured has been adde d to the other insurance as an additional insured.

Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the mentioned Policy, other than as above stated.

Kitchell CEM, Inc.

Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED 33 6
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: Same as policy effective date unless otherwise indicated above.

Policy Effective: Policy No.: Endorsement No.:

Insured: Premium $
Insurance Company: American Contractors Insurance Co RRG NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE –

CERTIFICATE HOLDERS
Thi
s endorsement modifies insurance provided under the following:

MMERCIAL GENERAL LIABILITY COVERAGE PART
The c
ertificate of insurance holders shown in the schedule below have requested that they receive written notice of cancellation, nonrenewal or material change with respect to this policy. If we decide to cancel, nonrenew or make a material change to this policy, we agree to mail or deliver sixty (60) days advance written notice to the certificate of insurance holders shown in the schedule below. However, if we are cancelling or nonrenewing due to nonpayment of premium, we will only provide the certificate of insurance holders shown in the s chedule below with ten (10) days advance written notice.

The not
ice of cancellation, nonrenewal or material change will be mailed to the addresses provided to us by the certificate of insurance issuer. Proof of mailing will be considered sufficient proof of our good faith attempt to provide notice of cancellation, nonrenewal or material change to the certificate of insurance holders shown in the schedule below.

SCH
EDULE
All certificate of insurance holders where written notice of cancellation, nonrenewal or material change to this policy is required by written contract, permit or agreement with the Named Insured.

Not
hing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the mentioned Policy, other than as above stated.

Kitchell CEM, Inc.

Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED 205

Endorsement Effective: Same as policy effective date unless otherwise indicated above.

Policy Effective: Policy No.: Endorsement No.:

Insured: Premium $

Insurance Company: American Contractors Insurance Co. RRG

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

SCHEDULE

Name of Person(s) or Organization(s):

Any person or organization for whom you have agreed by written contract to furnish this waiver.

Section IV – Commercial General Liability Conditions, 14. Transfer of Rights of Recovery Against Others to Us Condition is amended by the addition of the following:

We waive any right of recovery we may have against any person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or “your work” done under a contract with that person or organization and included in the “products-completed operations hazard”. This waiver applies only to the person or organization shown in the Schedule above.

Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the mentioned Policy, other than as above stated.

Kitchell CEM, Inc.

Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT −CALIFORNIA

We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.)

You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be * % of the California workers’ compensation premium otherwise due on such remuneration.

Schedule

Person or Organization Job Description

Whomever the named insured is required by written
contract executed prior to loss to waive rights of recovery against.

 No Additional Premium to be applied

Endorsement Effective: Same as Policy Effective Date unless otherwise indicated above.

Policy Effective Date: Policy No. Endorsement No.

Premium $
Insured

Carrier Name/Code:

WC 04 03 06
(Ed. 04-84)
Kitchell CEM, Inc.

Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED Kitchell Service Provider Agreement
Version 05-10-23

SERVICE PROVIDER AGREEMENT
This SERVICE PROVIDER AGREEMENT (“Agreement”) is entered into this ____ day of _________ 2024 (“Effective Date”), by and between the CITY OF ALAMEDA, a municipal corporation (“the City”), and Kitchell CEM, Inc, a California C Corporation, whose address is 2450 Venture Oaks Way, Suite 500, Sacramento, CA 95833 (“Provider”), in reference to the following facts and circumstances:

RECITALS
A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.

B. The City is in need of the following services: Construction project management services.

Provider was selected on a sole source bas is, because of Provider’s extensive experience and expertise in construction project management services. The selection process also include review of proposal, successful interview process, and verification of references for similar work conducted in other local municipalities.

C. Provider is specially trained, experienced and competent to perform the special services which will be required by this Agreement.

D. The City and Provider desire to enter into an agreement for construction project management services, upon the terms and conditions herein.

AGREEMENT
NOW, THEREFORE, in consideration of the forgoing, which are incorporated herein by reference, and for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and Provider agree as follows:

1. TERM:

The term of this Agreement shall retroactively commence on the19th day of April 2024, and shall terminate on the 18th day of April 2025, unless terminated earlier as set forth herein.

2. SERVICES TO BE PERFORMED:

Provider agrees to do all necessary work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all necessary work included in Exhibit A as requested. Provider acknowledges that the work plan included in Exhibit A is tentative and does not commit the City to request Provider to perform all tasks included therein.

3. COMPENSATION TO PROVIDER:
a. By the 7th day of each month, Provider shall submit to the City an invoice for the total amount of work done the previous month. Pricing and accounting of charges are to be according to the fee schedule as set forth in Exhibit A and incorporated herein by this reference .

DocuSign Envelope ID: 39AA70B2-F93E-4208-A2D9-5C257622A4DE April
DocuSign Envelope ID: 8D539943-618A-4D09-9EC9-6AE248188B25 DocuSign Envelope ID: 4F5A4DDA-7CD1-4D55-A342-3DF8FAC0357B 24 Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED Kitchell Service Provider Agreement
Version 05-10-23
Extra work must be approved in writing by the City Manager or their designee prior to performance and shall be paid on a Time and Material basis as set forth in Exhibit A. b. The total compensation for this Agreement shall not exceed $ 73,256. Use of contingency shall be for items of work outside the original scope and requires prior written authorization by the City.

4. TIME IS OF THE ESSENCE:

Provider and the City agree that time is of the essence regarding the performance of this Agreement.

5. STANDARD OF CARE:

Provider agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals or service providers, as applicable, in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City.

6. INDEPENDENT PARTIES:

Provider hereby declares that Provider is engaged as an independent business and Provider agrees to perform the services as an independent contractor. The manner and means of conducting the services and tasks are under the control of Provider except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Provider ’s services. None of the benefits provided by the City to its emp loyees, including but not limited to unemployment insurance, workers’ compensation plans, vacation and sick leave, are available from the City to Provider, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer -employee relationship from any compensation due to Provider. Payments of the above items, if required, are the responsibility of Provider.

7. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

Provider assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Provider shall indemnify, defend, and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Provider.

8. NON-DISCRIMINATION:

Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Provider and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, DocuSign Envelope ID: 39AA70B2-F93E-4208-A2D9-5C257622A4DE DocuSign Envelope ID: 8D539943-618A-4D09-9EC9-6AE248188B25 DocuSign Envelope ID: 4F5A4DDA-7CD1-4D55-A342-3DF8FAC0357B Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED Kitchell Service Provider Agreement
Version 05-10-23
military and veteran status or legitimate union activities. Provider agrees that any violation of this provision shall constitute a material breach of this Agreement.

9. HOLD HARMLESS:
a. To the fullest extent permitted by law, Provider shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including reasonable attorney’s fees and costs of litigation (“Claims”), to the extent caused by the Provider’s performance of its obligations under this Agreement or out of the operations conducted by Provider even if the City is found to have been negligent . If the Claims filed against Indemnitees alleg e negligence, recklessness or willful misconduct on the part of Provider, Provider shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Provider. Provider shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.
b. As to Claims for professional liability only, Provider’s obligation to defend Indemnitees (as set forth above) is limited as provided in California Civil Code Section 2782.8. c. Provider’s obligation to indemnify, defend and hold harmless Indemnities shall expressly survive the expiration or early termination of this Agreement.

10. INSURANCE:
a. On or before the commencement of the terms of this Agreement, Provider shall furnish the City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with Sections 10.b. (1) through ( 3). The Certificate Holder should be The City of Alameda, 2263 Santa Clara, Ave., Alameda, CA 94501. Such certificates, which do not limit Provider’s indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ advance written notice to the City of Alameda. Attention: Risk Manager.” Provider shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Provider shall deliver updated insurance certificates to the City at the address described in Section 17.f. prior to the expiration of the existing insurance certificate for the duration of the term of Agreement. Endorsements naming the City, its City Council, boards, commissions, DocuSign Envelope ID: 39AA70B2-F93E-4208-A2D9-5C257622A4DE DocuSign Envelope ID: 8D539943-618A-4D09-9EC9-6AE248188B25 DocuSign Envelope ID: 4F5A4DDA-7CD1-4D55-A342-3DF8FAC0357B Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED Kitchell Service Provider Agreement
Version 05-10-23
officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.
_____________
Provider Initials
b. COVERAGE REQUIREMENTS:

Provider shall maintain insurance coverage and limits at least as broad as:
(1) Workers’ Compensation:

Statutory coverage as required by the State of California , as well as a Waiver of Subrogation (Rights of Recovery) endorsement. (2) Liability:

Commercial general liability coverage in the following minimum limits:

Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4 ,000,000 will be considered equivalent to the required minimum limits shown above. Provider shall also submit d eclarations and policy endorsements pages. Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required . The Additional Insured Endorsement shall include primary and non-contributory coverage at least as broad as the CG 2010.
(3) Automotive:

Comprehensive automobile liability coverage (any auto) in the following minimum limits:

Bodily injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
or
Combined Single Limit: $2,000,000 each occurrence
Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. (4) Professional Liability: Intentionally omitted
DocuSign Envelope ID: 39AA70B2-F93E-4208-A2D9-5C257622A4DE DocuSign Envelope ID: 8D539943-618A-4D09-9EC9-6AE248188B25 DocuSign Envelope ID: 4F5A4DDA-7CD1-4D55-A342-3DF8FAC0357B Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED Kitchell Service Provider Agreement
Version 05-10-23

(5) Cyber Liability: Intentionally omitted
As to commercial general liability and automobile liability insurance, such insurance will provide that it constitutes primary insurance with respect to claims insured by such policy, and, except with respect to limits, that insurance applies separately to each insured against whom claim is made or suit is brought. Such insurance is not additional to or contributing with any other insurance carried by or for the benefit of the City.
c. SUBROGATION WAIVER:

Provider hereby agrees to waive rights of subrogation that any insurer of Provider may acquire from Provider by virtue of the payment of any loss. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Provider, its employees, agents and subcontractors. d. FAILURE TO SECURE:

If Provider at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Provider’s name or as an agent of Provider and shall be compensated by Provider for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.

The City, its City Council, boards, commissions, officials, employees , agents , and volunteers shall be named as additional insured(s) under all insurance coverages, except workers’ compensation and professional liability insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy.

Additional Insured covera ge under Provider’s policy shall be primary and non -contributory and will not seek contribution from the City’s insur ance or self -insurance. Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured(s). f. SUFFICIENCY OF INSURANCE:

The insurance limits required by the City are not represented as being sufficient to protect Provider. Provider is advised to consult Provider ’s insurance broker to determine adequate coverage for Provider. The coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of the coverage carried by or available to Provider; whichever is greater. g. EXCESS OR UMBRELLA LIABILITY:

If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this Agreement, then said policies shall be true “following form” of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this Agreement, including but not limited to, the additional insured, SIR, and primary insurance requirements stated therein. No insurance policies maintained by the indemnified parties or Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until all the primary and excess liability policies carried by or available to the Provider are exhausted.

11. CONFLICT OF INTEREST:

Provider warrants that it is not a conflict of interest for Provider to perform the services required by this Agreement. Provider may be required to fill out a conflict of interest form if the services provided under this Agreement require Provider to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations.

12. PROHIBITION AGAINST TRANSFERS:
a. Provider shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Provider shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer. The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or DocuSign Envelope ID: 39AA70B2-F93E-4208-A2D9-5C257622A4DE DocuSign Envelope ID: 8D539943-618A-4D09-9EC9-6AE248188B25 DocuSign Envelope ID: 4F5A4DDA-7CD1-4D55-A342-3DF8FAC0357B Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED Kitchell Service Provider Agreement
Version 05-10-23
transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money against the City under this Agreement may be assigned by Provider to a bank, trust company or other financial institution without prior written consent. b. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock, membership interest, partnership interest, or the equivalent, which shall result in changing the control of Provider, shall be construed as an assignment of this Agreement.

Control means fifty percent or more of the voting power of Provider.

13. APPROVAL OF SUB-PROVIDERS:
a. Only those persons and/or businesses whose names and resumés are attached to this Agreement shall be used in the performance of this Agreement. However, if after the start of this Agreement, Provider wishes to use sub-providers, at no additional costs to the City, then Provider shall submit a written request for consent to add sub -providers including the names of the sub - providers and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion. b. Each sub-provider shall be required to furnish proof of workers ’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Provider. c. In addition, any tasks or services performed by sub -providers shall be subject to each provision of this Agreement. Provider shall include the following language in their agreement with any sub-provider: “Sub-providers hired by Provider agree to be bound to Provider and the City in the same manner and to the same extent as Provider is bound to the City.” d. The requirements in this Section 13 shall not apply to persons who are merely providing materials, supplies, data or information that Provider then analyzes and incorporates into its work product.

14. PERMITS AND LICENSES:

Provider, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City business license that may be required in connection with the performance of the services and tasks hereunder.

15. REPORTS:
a. Each and every report, draft, work product, map, record and other document produced, prepared or caused to be prepared by Provider pursuant to or in connection with this Agreement shall be the exclusive property of the City.
b. No report, information or other data given to or prepared or assembled by Provider pursuant to this Agreement shall be made available to any individual or organization by Provider without prior approval of the City Manager or their designee. c. Provider shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Agreement.

16. RECORDS:
a. Provider shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Provider’s performance under the Agreement , as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Agreement (collectively the “Records”). b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Provider shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Agreement. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Provider for a period of three (3) years after receipt of final payment.
c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City ’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Agreement or failure to act in good faith, then Provider shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.

17. NOTICES:
a. All notices shall be in writing and delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service ; or (iii) sent by overnight or same day courier service at the party’s respective address listed in this Section.
b. Each notice shall be deemed to have been received on the earlier to occur of : (x) actual delivery or the date on which delivery is refused ; or (y) three (3) days after notice is deposited in the U.S. mail or with a courier service in the manner described above (Sundays and City holidays excepted).
c. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address. d. All notices, demands, requests, or approvals from Provider to the City shall be addressed to the City at:

City of Alameda
Base Reuse and Economic Development
950 West Mall Square, #205
Alameda, CA 94501
ATTENTION: Annie Cox, Management Analyst
Ph: (510) 747-6893 / [email protected]
DocuSign Envelope ID: 39AA70B2-F93E-4208-A2D9-5C257622A4DE DocuSign Envelope ID: 8D539943-618A-4D09-9EC9-6AE248188B25 DocuSign Envelope ID: 4F5A4DDA-7CD1-4D55-A342-3DF8FAC0357B Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED Kitchell Service Provider Agreement
Version 05-10-23
e. All notices, demands, requests, or approvals from the City to Provider shall be addressed to Provider at:

Kitchell CEM
405 - 14th Street, Suite 1000
Oakland, CA 94612
ATTENTION: Arturo Taboada
Ph: 510-239-1790 / [email protected]
f. All updated insurance certificates from Provider to the City shall be addressed to the City at:

City of Alameda
City Attorney’s Office
2263 Santa Clara Avenue, Room #280
Alameda, CA 94501
ATTENTION: Lisa Cooper, Administrative Services Coordinator Ph: (510) 747-4764 / [email protected]

18. SAFETY:
a. Provider will be solely and completely responsible for conditions of all vehicles owned or operated by Provider, including the safety of all persons and property during performance of the services and tasks under this Agreement. This requirement will apply continuously and not be limited to normal working hours. In addition, Provider will comply with all s afety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Agreement. Where any of these are in conflict, the more stringent requirement s will be followed. Provider’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein. b. Provider will immediately notify the City within 24 hours of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Agreement. Provider will promptly submit to the City a writte n report of all incidents that occur in connection with this Agreement. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Provider’s employee(s) involved in the incident; (i ii) name and address of Provider’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.

19. TERMINATION:
a. In the event Provider fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Provider shall be deemed in default in the performance of this Agreement . If such default is not cured within two (2) business days after receipt by Provider from the City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the City may thereafter immediately terminate the Agreement forthwith by giving to Provider written notice thereof.

DocuSign Envelope ID: 39AA70B2-F93E-4208-A2D9-5C257622A4DE DocuSign Envelope ID: 8D539943-618A-4D09-9EC9-6AE248188B25 DocuSign Envelope ID: 4F5A4DDA-7CD1-4D55-A342-3DF8FAC0357B Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED Kitchell Service Provider Agreement
Version 05-10-23
b. The foregoing notwithstanding, the City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days’ prior written notice to Provider as provided herein.
c. Upon termination of this Agreement either for cause or for convenience, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. The obligation of the parties under this Section 19.c. shall survive the expiration or early termination of this Agreement.

20. ATTORNEYS’ FEES:

In the event of any litigation, including administrative proceedings, relating to this Agreement, including but not limited to any action or suit by any party, assignee or beneficiary against any other party, beneficiary or assignee, to enforce, interpret or seek relief from any provision or obligation arising out of this Agreement, the parties and litigants shall bear their own attorney’s fees and costs. No party or litigant shall be entitled to recover any attorneys’ fees or costs from any other party or litigant, regardless of which party or litigant might prevail.

21. HEALTH AND SAFETY REQUIREMENTS.

Provider acknowledges that the City shall have the right to impose , at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Provider agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings. Provider also agrees to make available to the City, at the City’s request, records to demonstrate Provider’s compliance with this Section.

22. COMPLIANCE WITH ALL APPLICABLE LAWS:

During the term of this Agreement, Provider shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Alameda which affect the manner in which the services or tasks are to be performed by Provider, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Provider shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City.

23. CONFLICT OF LAW:

This Agreement shall be interpreted under, and enforced by the laws of the State of California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreemen t (or the successors of those authorities). Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Alameda, State of California.

24. WAIVER:

A waiver by the City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.

25. INTEGRATED CONTRACT:

Subject to the language of Section 30, the Recitals and exhibits are a material part of this Agreement and are expressly incorporated herein. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied cov enant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both the City and Provider.

26. DEPARTMENT OF INDUSTRIAL RELATIONS COMPLIANCE AND
PREVAILING WAGE REQUIREMENTS ON PUBLIC WORKS PROJECTS:

Effective January 1, 2015, no Contractor or Subcontractor may be listed on a bid proposal for a public works project (submitted after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 (with the limited exceptions from this requirement for bid purposed only under Labor code Section 1771.1(a)). Register at https://efiling.dir.ca.gov/PWCR
No Contractor or Subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

The Prime Contractor is required to post job site notices prescribed by regulations. See 8 Calif. Code Regulation §16451(d).

Effective April 1, 2015, All Contractors and Subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner at:
https://apps.dir.ca.gov/ecpr/das/altlogin

27. REGISTRATION OF CONTRACTORS:

Before submitting bids, contractors shall be licensed in accordance with the provisions of Chapter 9, Division 3, of the Business and Professional Code of the State of California.

28. PCC SECTION 9204 SUMMARY - CLAIMS SUBMITTED BETWEEN 01-01-2017 AND 01-01-2027.:

Notwithstanding anything else to the contrary stated in the Information For Bidders (IFB) or the Contract Documents, all claims, regardless of dollar amount, submitted between January 1, 2017 and January 1, 2027 shall be governed by PCC Section 9204 and this section.

The following provisions and procedures shall apply:

A. For the purposes of this section, the term “Claim”, “Contractor”, “mediation”, “Public Entity” “Public works project” and “Subcontractor” shall have the meaning provided for in PCC Section 9204.

C. Upon receipt of a Claim, the City shall conduct a reasonable review and respond in writing within 45 days of receipt and shall identify in a written statement what portions of the claim are disputed and undisputed. Undisputed portions of the Claim shall b e process and paid within 60 days of the written statement. Undisputed amounts not paid in a timely manner shall bear interest at 7% per annum. The City and Contractor may mutually agree to extend the 45 day response time.

D. If the City needs approval from the City Council to provide a written statement, the 45 days may be extended to 3 days following the next duly noticed public meeting pursuant to PCC Section 9204(d)(1)(C).

E. If the City fails to timely respond to a Claim or if Contractor disputes the City’s response, Contractor may submit a written demand for an informal meet and confer conference with the City to settle the issues in dispute. The demand must be sent via regi stered or certified mail, return receipt requested. Upon receipt, the City shall schedule the conference within 30 days.

F. Within 10 business days following the informal meet and confer conference, the City shall submit to Contractor a written statement describing any issues remaining in dispute and that portion which is undisputed. Undisputed portions of the Claim shall be p rocess and paid within 60 days of the written statement. Undisputed amounts not paid in a timely manner shall bear interest at 7% per annum. The issues remaining in dispute shall be submitted to non -binding mediation. If the City and Contractor mutually agree on a mediator, each party shall pay equal portions of all associated costs. If within 10 business days, the City and Contractor cannot agree on a mediator, each party shall select a mediator (paying all costs associated with their selected mediator), and those mediators shall select a qualified neutral third party to mediate the disputed issues. The City and Contractor shall pay equal portions of all associated costs of such third party mediator.

G. Unless otherwise agreed by the City and Contractor, any mediation conducted hereunder shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has commenced.

H. The City reserves all rights and remedies that it has pursuant to the Construction Contract, plans and specification, at law or in equity which are not in conflict with PCC 9204.

This Section shall be automatically extended if legislation is lawfully passed which extends the terms of Public Contract Code Section 9204 beyond January 1, 2027.

29. CAPTIONS:

The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement.

30. COUNTERPARTS:

This Agreement may be executed in any number of counterparts (including by fax, PDF , DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.

31. SIGNATORY:

By signing this Agreement, signatory warrants and represents that they executed this Agreement in their authorized capacity and that by their signature on this Agreement, they or the entity upon behalf of which they acted, executed this Agreement.

32. CONTROLLING AGREEMENT:

In the event of a conflict between the terms and conditions of this Agreement (as amended, supplemented, restated or otherwise modified from time to time) and any other terms and conditions wherever contained, including, without limitation, terms and conditions included within exhibits, the terms and conditions of this Agreement shall control and be primary. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
DocuSign Envelope ID: 39AA70B2-F93E-4208-A2D9-5C257622A4DE DocuSign Envelope ID: 8D539943-618A-4D09-9EC9-6AE248188B25 DocuSign Envelope ID: 4F5A4DDA-7CD1-4D55-A342-3DF8FAC0357B Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED Kitchell Service Provider Agreement
Version 05-10-23
IN WITNESS WHEREOF, the parties have each caused this Agreement to be duly executed on its behalf as of the Effective Date.

Kitchell CEM, Inc. CITY OF ALAMEDA
a California C Corporation a municipal corporation
Jennifer Ott

City Manager

RECOMMENDED FOR APPROVAL
Maria Davila
Assistant Secretary, Finance Director
Abigail Thorne-Lyman
Base Reuse and Economic Development
Director
APPROVED AS TO FORM:

City Attorney
Len Aslanian
Assistant City Attorney
DocuSign Envelope ID: 39AA70B2-F93E-4208-A2D9-5C257622A4DE Vice President
Geoff Bachanans
DocuSign Envelope ID: 8D539943-618A-4D09-9EC9-6AE248188B25 DocuSign Envelope ID: 4F5A4DDA-7CD1-4D55-A342-3DF8FAC0357B Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED March 27, 2024
Abby Thorne-Lyman
Director
Base Reuse & Economic Development Department
950 West Mall Square #205
Alameda, CA 94501-7575
R
e: Fee Estimate for Project & Construction Management Services for Base Roofing Projects – Buildings 24, 2, 7 & 400
Dear Ms. Thorne-Lyman:

Kitchell is pleased to provide a fee estimate for the Project & Construction Management for Base Roofing P rojects (Buildings 24, 2, 400 & 7)
The scope of work proposed below and attached fee estimate is what we understand to be required to allow for the City to properly execute this project and to allow for informed decision-making by the City. Kitchell can provide these proposed services with in- house expertise but is also capable of bringing on qualified consultants as necessary if required by the City. We are also happy to make adjustments to these described services to meet your needs.

The durations for each of these phases is based on the timeline indicated on the attached fee estimate. Note that there are a number of variables that impact the durations assumed on this draft timeline that can be addressed and validated further with the City if a revised proposal is required.

1. Due Diligence:
• Meet with the City to kick-off effort
• Review City procurement documents and related procedures for procurement of consultants • Assist in development of Request for Proposal for Roofing Design Consultants (and haz-mat consultant if necessary) and in administration of procurement process
• Review City front end documents and procedures for procurement of contractors • Review City permitting & inspections processes and procedures • Review and summarize Authorities Having Jurisdiction and assist in communication to stakeholders

2. Design & Permitting:
• Assist with design phase management, including permitting with the City of Alameda • Assumptions:
o Haz-mat consultant hired directly by City to provide complete survey of all materials impacted by proposed project along with appropriate contract documents required to allow for project to be bid o Roofing design consultant hired directly by City to provide all required contract documents (plans and specifications) required to allow for project to be bid • Facilitate coordination and design meetings between the City and Consultants as required • Assist City staff with the preparation of any project-related Council agenda or staff reports • Coordinate additional site investigations as requested Exhibit A
DocuSign Envelope ID: 39AA70B2-F93E-4208-A2D9-5C257622A4DE DocuSign Envelope ID: 8D539943-618A-4D09-9EC9-6AE248188B25 DocuSign Envelope ID: 4F5A4DDA-7CD1-4D55-A342-3DF8FAC0357B Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED

3. Bid Management:
• Compile Bid Set of Division 0 and 1 front end documents based on City templates • Administer bid process, including working with City Attorney and relevant staff to ensure meets City’s compliance standards
• Stimulate bid interest amongst qualified contractors (not assuming full pre-qualification process) • Assist in preparation of Bid Documents with City and Consultants • Conduct pre-bid meeting
• Assist City in conducting bid opening
• Prepare bid analyses and tabulation
• Assist City in preparing construction contracts for execution

5. Construction Administration:
• Conduct a pre-construction conference with the contractor to review project reporting procedures • Provide part-time on-site staff for the administration of the construction contract during construction activities (assuming 1 visit to site per week)
• Monitoring and inspections relating to any required haz-mat abatement will be completed by the City’s haz-mat consultant
• Perform field review of work in progress (in conjunction with review by City’s consultants) to confirm that it conforms to the Contract Documents and make observations of weather, number of workers, work accomplished, problems encountered, and other relevant data
• Review contractor's construction schedule for conformity with the requirements of the contract • Conduct regular Owner, Design Consultant and Contractor (OAC) construction meetings with the contractor to discuss and resolve such matters as progress, quality, and scheduling • Assist with the coordination of testing and inspections of the project (all inspections by others) • Manage the construction change order process and provide recommendations to the City • Administer the submittal process
• Coordinate, review and manage request for Information (RFI) process • Review and administer contractor payment applications • Keep copies of all project documents for delivery to the City upon project completion • For this effort, we have assumed a total construction duration of 2 months. This may be adjusted depending on the findings and recommendations of your roofing consultant.

6. Post Construction /Project Closeout:
• Prepare in conjunction with the Design Consultant and City all punch-lists. Assist in the monitoring and tracking or completion of the punch-lists by the Contractor
• Determine, with the Design Consultant and City, when the facility or designated portions are Substantially Complete • Coordinate and receive all close-out items including as-built drawings, operation and maintenance manuals, and warranties from contractors & manufacturers as required • Assist with resolving all contract issues, warranties, bonds, etc. at closeout of project • Prepare a final close out report with recommendation as to final payment, notice of completion, and file system for retrieval of closeout documentation
• Transmit Project documents to the City after final close-out tasks are complete

The following are some potential services not currently accounted for in this fee estimate but available from Kitchell:
• Facilities Conditions Assessments
• Full independent estimates on Construction Documents and/or reconciliation DocuSign Envelope ID: 39AA70B2-F93E-4208-A2D9-5C257622A4DE DocuSign Envelope ID: 8D539943-618A-4D09-9EC9-6AE248188B25 DocuSign Envelope ID: 4F5A4DDA-7CD1-4D55-A342-3DF8FAC0357B Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED

• Value-engineering
• Funding model planning
• Cost control and budget planning
• Commissioning
• Managing process for digitizing as-built documents

The proposed fee to provide the above scope of services utilizing the level of staff identified on the attached Fee Estimate & Timeline is $73,256. The fee estimate is broken down as follows:

• Due Diligence: $ 7,144
• Design & Permit: $ 11,680
• Bid & Award: $ 28,704
• Construction Management: $ 21,44 0 • Post Construction / Close-Out: $ 4,288 • TOTAL: $ 73,256

As noted above, our proposed services and staffing are based on our current understanding of your immediate needs for Buildings 24, 400, 2 & 7, and per our on-site meeting with you on 02/05/24. We welcome the opportunity to discuss this scope of work and further tailor our proposal to suit your needs.

The above costs are to be billed on a time and material basis (not to exceed the allocated allowance) plus reasonable and customary reimbursable expenses. Reimbursable expenses may include project office & equipment, telecommunications, postage, consumables, plans/prints/photos and project-related travel. In preparing the fee options to perform the scope of services listed above, we assumed starting on this scope in April 2024 and completing in December 2024.

Our team is excited to begin this new partnership with the City of Alameda. Thank you again for the opportunity to provide these services. If you have any questions, please do not hesitate to contact me at (650) 393-3656.

Sincerely,

Steven Dewan
Project Director

Enclosed:
- Fee Estimate & Timeline (dated 03/21/24)
- Kitchell Hourly Labor Rates (dated 03/21/24)
- Organization Chart & Resumes
DocuSign Envelope ID: 39AA70B2-F93E-4208-A2D9-5C257622A4DE DocuSign Envelope ID: 8D539943-618A-4D09-9EC9-6AE248188B25 DocuSign Envelope ID: 4F5A4DDA-7CD1-4D55-A342-3DF8FAC0357B Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED City of Alameda - Base Reuse & Economic Development
Fee Estimate & Timeline
03/21/24

A M J J A S O N D
1 2 3 4 5 6 7 8 9 Total Hours Total $
Due Diligence
Close-out

DUE DILIGENCE
Position / Classification
Project Director 24 24 6,336 $
Project Manager 4 4 808 $
Subtotal - DUE DILIGENCE (Hours) 28 0 0 0 0 0 0 0 0 28 7,144 $

DESIGN & PERMIT
Position / Classification
Project Director 16 16 32 8,448 $
Project Manager 8 8 16 3,232 $
Subtotal - DESIGN & PERMIT (Hours) 0 24 24 0 0 0 0 0 0 48 11,680 $

BID & AWARD
Position / Classification
Project Director 24 24 24 72 19,008 $
Project Manager 16 16 16 48 9,696 $
Subtotal - BID & AWARD (Hours) 0 0 0 40 40 40 0 0 0 120 28,704 $

CONSTRUCTION MANAGEMENT
Position / Classification
Project Director 10 10 20 5,280 $
Project Manager 40 40 80 16,160 $
Scheduler 0 0 0 -$
Subtotal - CONSTRUCTION (Hours) 0 0 0 0 0 0 50 50 0 100 21,440 $

POST CONSTRUCTION / CLOSE-OUT
Position / Classification
Project Director 4 4 1,056 $
Project Manager 16 16 3,232 $
Subtotal - CLOSE-OUT (Hours) 0 0 0 0 0 0 0 0 20 20 4,288 $ HOURS SUBTOTAL 28 24 24 40 40 40 50 50 20 316 73,256 $
Notes:

The timeline was based on experience with projects of similar size and complexity but may require further evaluation.

Quantities of hours are estimated only. Actual time will be billed on a Time & Material basis.

Refer to attached Labor Rates summary.

Design & Permit
Bid & Contract Award
Construction
Post-Construction / Project Closeout
Design & Permit
Bid & Contract Award
Construction Management
Schedule / Phase
2024
Due Diligence
DocuSign Envelope ID: 39AA70B2-F93E-4208-A2D9-5C257622A4DE DocuSign Envelope ID: 8D539943-618A-4D09-9EC9-6AE248188B25 DocuSign Envelope ID: 4F5A4DDA-7CD1-4D55-A342-3DF8FAC0357B Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED City of Alameda
Base Reuse & Economic Development
Hourly Labor Rates
03/21/24
Position
2024
Hourly Rates
Project Director / Arch/Engineering Director $264.00
Project Manager 2 $219.00
Project Manager 1 $202.00
Estimator $197.00
Arch/Engineering Specialist $197.00
Office Administration $118.00
Assumptions / Qualifications:

All hourly rates will be escalated by 4% on January 1st of each year.

PROPOSAL FOR CITY OF ALAMEDA BASE REUSE PROJECTS - CM SERVICES PAGE 1
Organizational Chart
Steven Dewan, leed ap
Project Director

BUILDING INVESTIGATION
Heather Brown, pe, leed ap, cpmp
Engineering & Architectural
Services Director
Brad Schultz, ra, leed ap, casp
Senior Architect/Assessor
Gerald Neuffer, pe, leed ap
Senior Electrical Engineer/Assessor
Ahmad Elkot, pe
Mechanical Engineer/Assessor

AS-NEEDED SUPPORT SERVICES
Estimating / / Scheduling / / Project Controls / / Engineering & Architectural Services A Team Tailored Specifically for Your Project Needs
Our proposed project team structure is outlined below. Comprising of individuals with the ideal blend of technical expertise and adeptness in navigating public approval processes, our team is set up to efficiently complete your high-priority projects, Buildings 24, 400, 2 and 7 .

Additionally, our comprehensive in-house resources, comprised of licensed engineers, registered architects, project controls specialists, schedulers, estimators and sustainability subject matter experts, are readily available to complement your project's needs, ensuring successful project delivery.

CONSTRUCTION
Kyle Robinson
Project & Construction
Manager
DocuSign Envelope ID: 39AA70B2-F93E-4208-A2D9-5C257622A4DE DocuSign Envelope ID: 8D539943-618A-4D09-9EC9-6AE248188B25 DocuSign Envelope ID: 4F5A4DDA-7CD1-4D55-A342-3DF8FAC0357B Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED

PROPOSAL FOR CITY OF ALAMEDA BASE REUSE PROJECTS - CM SERVICES PAGE 2

EDUCATION
BS, Civil Engineering (Structural
Option), Queen’s University,
Kingston, Ontario, Canada
Coursework, Management in the
Construction Industry, University
of California, Berkeley Extension,
San Francisco

LICENSES & CERTIFICATIONS
LEED Accredited Professional
STEVEN DEWAN, leed ap

PROJECT DIRECTOR
With over 27 years of industry experience, Steve is a highly skilled professional with a strong ability to lead multi-disciplinary teams through various project types including public safety facilities, civic/municipal projects, seismic retrofit projects and tenant improvements. His background includes overseeing project design, budgeting and scheduling to ensure quality and safety compliance while effectively supporting teams all around, ensuring on-time completion of project milestones and budget objectives. Steve is a LEED Accredited Professional with software knowledge including Prolog, MS Project, Primavera Sure Track, AutoCAD, Timberline and various custom project management software systems. He is integrally involved in the development, management and performance of his teams in coordination with client expectations.

PROJECT EXPERIENCE
` County of Alameda General Services Agency, Alameda County Fire Training Center ` City of Berkeley, On-Call Project and Construction Management Services, Capital Projects, Berkeley, CA
` City of Berkeley, Branch Library Improvement Program, Measure FF, Berkeley, CA ` City of Berkeley, Berkeley Tuolumne Camp
` City of Hayward, Fire Station 6 and Fire Training Center, Hayward, CA

EDUCATION
BA, Philosophy,
University of Oregon

LICENSES & CERTIFICATIONS
OSHA 10-Hour Certification

KYLE ROBINSON

CONSTRUCTION MANAGER
Kyle’s 1 1 years of industry experience have taught him that every project is unique with its own set of challenges. Kyle is driven by the process of projects being built correctly, paying close attention to every detail and working closely with his team to exceed client expectations and deliver spaces for the next generation. With early childhood memories of construction, Kyle’s passion for building began at an early age. Prior to joining the construction management industry, he worked in the field as a framer, welder and laborer.

Kyle’s overall experience allows him to be comfortable upholding quality and safety standards in the field, as well as managing administrative work in the office. He is willing to take on any task to ensure a project stays on track.

PROJECT EXPERIENCE
` University of California, Berkeley, Brenner Lab, Berkeley, CA ` Contra Costa Community College District, Program and Construction Management Services, Pleasant Hill, CA
` Stanford University, Bass Biology Building & ChEM-H/SNI Building, Palo Alto, CA ` Stanford University, ChEM-H/SNI Building, Los Altos, CA ` Las Vegas Water District, Las Vegas, NV
DocuSign Envelope ID: 39AA70B2-F93E-4208-A2D9-5C257622A4DE DocuSign Envelope ID: 8D539943-618A-4D09-9EC9-6AE248188B25 DocuSign Envelope ID: 4F5A4DDA-7CD1-4D55-A342-3DF8FAC0357B Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED

PROPOSAL FOR CITY OF ALAMEDA BASE REUSE PROJECTS - CM SERVICES PAGE 3

EDUCATION
MBA, Finance, California State
University Sacramento
BS, Mechanical Engineering,
University of Portland, Oregon

LICENSES & CERTIFICATIONS
Mechanical Engineer #M31667 ,
CA
LEED Accredited Professional
Commissioning Process
Management Professional
HEATHER BROWN, pe, leed ap, cpmp

ENGINEERING & ARCHITECTURAL SERVICES DIRECTOR
Heather brings more than 29 years of experience in the construction industry, where she has worked on a wide variety of public, higher education and commercial facilities. Her experience includes project management, mechanical and plumbing design, assessing and renovating both HVAC and plumbing systems, preparing calculations and AutoCAD drawings. Heather is responsible for the management of engineers and architects working with code, access compliance, design and constructability reviews, life cycle studies, value engineering sessions, energy studies, specifications development, needs assessments, master planning studies, facility assessments and construction inspections.

PROJECT EXPERIENCE
` City of Berkeley, Facilities Condition Assessment, Berkeley, CA ` City of Berkeley, Cazadero Camp Facility Condition Assessment, Cazadero, CA ` City of Santa Clara, Facilities Condition Assessments, Santa Clara, CA ` City of Davis, Building and Parks Facilities Assessment, Davis, CA ` County of Sacramento, Facility Condition Assessments, Sacramento County, CA ` County of San Diego, As-Needed Facility Condition Assessment Services, San Diego County, CA
` Imperial County, RADF/SAF and HHCC Facility Condition Assessment, El Centro, CA ` Yolo County, Three Department Feasibility Study, Woodland, CA

EDUCATION
BS, Electrical Engineering,
University of the Pacific,
Stockton

LICENSES & CERTIFICATIONS
Electrical Engineer #E14881, CA
LEED Accredited Professional
GERALD NEUFFER, pe, leed ap

SENIOR ELECTRICAL ENGINEER/ASSESSOR
Gerald has worked exclusively in the field of private electrical consulting for over 30 years.

During this time, he has designed electrical systems for a wide range of retail, residential, military, healthcare, and educational facilities. He has worked as an electrical department manager and lead/mentored a team of electrical engineers and designers. His many licenses have allowed him to work, review, and seal hundreds of projects across the United States.

PROJECT EXPERIENCE
` City of Berkeley, Facilities Condition Assessment, Berkeley, CA ` City of Rohnert Park, Building Condition Assessment, Rohnert Park, CA ` City of Davis, Building and Parks Facilities Assessment, Davis, CA ` City of Stockton, Facilities Condition Assessment, Stockton, CA ` City of Brisbane, Facility Condition Assessments, Brisbane, CA ` County of Sacramento, Facility Condition Assessments, Sacramento County, CA DocuSign Envelope ID: 39AA70B2-F93E-4208-A2D9-5C257622A4DE DocuSign Envelope ID: 8D539943-618A-4D09-9EC9-6AE248188B25 DocuSign Envelope ID: 4F5A4DDA-7CD1-4D55-A342-3DF8FAC0357B Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED

PROPOSAL FOR CITY OF ALAMEDA BASE REUSE PROJECTS - CM SERVICES PAGE 4

EDUCATION
BS, Mechanical Engineering,
Oklahoma State University

LICENSES & CERTIFICATIONS
Mechanical Engineer #M38746,
CA
AHMAD ELKOT, pe

MECHANICAL ENGINEER/ASSESSOR
Ahmad brings over 15 years of experience in all phases of engineering operations.

He is a forward-thinking professional familiar with all aspects of Mechanical HVAC for K-12 Education, commercial, retail, restaurant, and process engineering projects. As a Senior Mechanical Engineer, Ahmad develops and produces construction documents to fulfill clients’ goals, deadlines & permit approval. He is a strong advocate of sound environmental strategies, sustainable development, resource conservation, and waste reduction.

PROJECT EXPERIENCE
` City of Berkeley, Cazadero Camp Facility Condition Assessment, Cazadero, CA ` City of San Diego, 21-Story and Parking Garage Building Condition Assessment, San Diego, CA
` San Joaquin County, Public Works Department Facility Condition Assessment, Stockton, CA
` Marin County, Behavioral Health Facility Condition Assessment, San Rafael, CA ` County of Sacramento, Facility Condition Assessments, Sacramento County, CA ` Stanislaus County, Capital HVAC Project Modesto, CA

EDUCATION
Bachelor of Architecture,
Carleton University, Ottawa

LICENSES & CERTIFICATIONS
Architect #C35632, CA
Certified Access Specialist
LEED Accredited Professional
BRAD SCHULTZ, ra, leed ap, casp

SENIOR ARCHITECT/ARCHITECTURAL ASSESSOR
Brad has over 30 years of professional experience in design, production, management and construction administration, and has spent the last half of his career specializing in justice facilities. Brad understands the unique program for justice facilities and requirements for security and facility operations, detainee safety and building codes for occupant safety. He considers himself as an effective project architect and manager with excellent leadership skills, and brings an analytical and creative approach in problem solving for a unique response to the client’s needs and budget.

PROJECT EXPERIENCE
` City of Rohnert Park, Facilities Condition Assessment, Rohnert Park, CA ` City of Davis, Building and Parks Facilities Assessment, Davis, CA ` County of Sacramento, Facility Condition Assessments, Sacramento County, CA ` County of San Diego, As-Needed Facility Condition Assessment Services, San Diego County, CA
` Imperial County, RADF/SAF and HHCC Facility Condition Assessment, El Centro, CA ` Yolo County, Three Department Feasibility Study, Woodland, CA DocuSign Envelope ID: 39AA70B2-F93E-4208-A2D9-5C257622A4DE DocuSign Envelope ID: 8D539943-618A-4D09-9EC9-6AE248188B25 DocuSign Envelope ID: 4F5A4DDA-7CD1-4D55-A342-3DF8FAC0357B Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:

CERTIFICATE NUMBER:

COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY
AUTOS

AUTOS ONLY

NON-OWNED

SCHEDULED
OWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER
LIMITS
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBER

TYPE OF INSURANCE
LTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB

UMBRELLA LIAB
$

EACH OCCURRENCE
$

AGGREGATE
$
OCCUR

CLAIMS-MADE
DED

RETENTION
$
$

PRODUCTS - COMP/OP AGG
$

GENERAL AGGREGATE
$

PERSONAL & ADV INJURY
$
MED EXP (Any one person)
$

EACH OCCURRENCE

DAMAGE TO RENTED
$
PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY
PRO-
JECT
LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
4/1/2024
ACIG Insurance Agency, Inc.
2600 N. Central Expwy. Suite 800
Richardson, TX 75080
972-702-9004 972-687-0601
www.acig.com
Brian Callaghan
[email protected]
Kitchell CEM, Inc.
2450 Venture Oaks Way, Suite 500
Sacramento CA 95833
79327501
✓ ✓
✓
City of Alameda, its City Council, boards, commissions, officials, employees, and volunteers are named as additional Professional/Pollution *Aggregate limit is total insurance available for all claims presented within the policy period for operations of

SERVICE PROVIDER AGREEMENT
City of Alameda
2263 Santa Clara Avenue
Alameda CA 94501

SERVICE PROVIDER AGREEMENT
insured as required by written contract.
insured. Limit will be reduced by payments of indemnity and/or expenses.

A 10,000,000GL23A00078 6/1/2023 6/1/2024
100,000GL23B00078 (GL Excess) 6/1/2023 6/1/2024A
✓
GL23C00078 (GL Excess) 6/1/2023 6/1/2024A 5,000
✓
10,000,000
10,000,000
10,000,000✓
✓
B WCA000006823 6/1/2023 6/1/2024 1,000,000NB WCA000002023 6/1/2023 6/1/2024 1,000,000
1,000,000
American Contractors Ins. Co. RRG 12300
ACIG Insurance Company 19984
79327501 | KITCHELL | 23/24 GL WC PL 5/5 | Coral Robles | 4/1/2024 2:53:10 PM (CDT) | Page 1 of 5 This certificate cancels and supersedes ALL previously issued certificates.

Endorsement Effective: Same as policy effective date unless otherwise indicated above.

Policy Effective: Policy No.: Endorsement No.:

Insured: Premium $

Insurance Company: American Contractors Insurance Co. RRG

ADDITIONAL INSURED – AUTOMATIC STATUS
AS REQUIRED BY CONTRACT – BLANKET

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

SCHEDULE

Any person or organization that you are required by written contract to include as an additional insured on this policy if the contract is executed prior to the loss.

B. The insurance provided to the additional insu red is subject to the following limitations:

5. This endorsement shall not apply to a person or organization if any other additional insured endorsement attached to this po licy specifically applies to that person or organization.

6. The insurance afforded herein only applies to the extent permitted by applicable state law, including statutes governing add itional insured coverage in the construction industry.

7. The insurance afforded to the additional insured shall not exceed the minimum limits required in the written contract.

Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the mentioned Policy, other than as above stated.

Kitchell CEM, Inc.

Policy Effective: Policy No.: Endorsement No.:

Insured: Premium $
Insurance Company: American Contractors Insurance Co RRG NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE –

CERTIFICATE HOLDERS
Thi
s endorsement modifies insurance provided under the following:

Not
hing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the mentioned Policy, other than as above stated.

Kitchell CEM, Inc.

Endorsement Effective: Same as policy effective date unless otherwise indicated above.

Policy Effective: Policy No.: Endorsement No.:

Insured: Premium $

Insurance Company: American Contractors Insurance Co. RRG

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

SCHEDULE

Name of Person(s) or Organization(s):

Any person or organization for whom you have agreed by written contract to furnish this waiver.

Section IV – Commercial General Liability Conditions, 14. Transfer of Rights of Recovery Against Others to Us Condition is amended by the addition of the following:

Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the mentioned Policy, other than as above stated.

Kitchell CEM, Inc.

DocuSign Envelope ID: 39AA70B2-F93E-4208-A2D9-5C257622A4DE DocuSign Envelope ID: 8D539943-618A-4D09-9EC9-6AE248188B25 DocuSign Envelope ID: 4F5A4DDA-7CD1-4D55-A342-3DF8FAC0357B Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT −CALIFORNIA

You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be * % of the California workers’ compensation premium otherwise due on such remuneration.

Schedule

Person or Organization Job Description

Whomever the named insured is required by written
contract executed prior to loss to waive rights of recovery against.

 No Additional Premium to be applied

Endorsement Effective: Same as Policy Effective Date unless otherwise indicated above.

Policy Effective Date: Policy No. Endorsement No.

Premium $
Insured

Carrier Name/Code:

WC 04 03 06
(Ed. 04-84)
Kitchell CEM, Inc.

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
4/1/2024
IMA, Inc. - Kansas City
11350 Switzer Rd, Suite 200
Overland Park KS 66210
IMA Construction Team
[email protected]
National Fire Insurance Company of Hartford
20478
KITCCOR-01
Kitchell CEM Inc.
2450 Venture Oaks Way Suite 500
Sacramento, CA 95833
1655914667
A
5,000,000
X
X
X
Y
Y
7014861826
6/1/2023
6/1/2024
A
Automobile Physical Damage
7014861826
6/1/2023
6/1/2024
Deductibles:

Comprehensive
Collision

$1,000
$1,000
SERVICE PROVIDER AGREEMENT - As required by written contract 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. 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. This Insurance is Primary and Non-Contributory on the Automobile Liability Policy, if required by written contract or agreement, subject to the policy terms and conditions.

City of Alameda
2263 Santa Clara Avenue
Alameda CA 94501
DocuSign Envelope ID: 39AA70B2-F93E-4208-A2D9-5C257622A4DE DocuSign Envelope ID: 8D539943-618A-4D09-9EC9-6AE248188B25 DocuSign Envelope ID: 4F5A4DDA-7CD1-4D55-A342-3DF8FAC0357B Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED Business Auto PolicyPolicy EndorsementADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORYIt is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows:SCHEDULEName of Additional Insured Person Or OrganizationANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT TO NAME AS AN ADDITIONAL INSURED1.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 unchangedThis 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.

Endorsement No: 43; Page: 1 of 1 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606Form No: CNA71527XX (10-2012)Endorsement Effective Date: Endorsement Expiration Date: © Copyright CNA All Rights Reserved.Policy Page: 188 of 197Policy No: BUA 7014861826Policy Effective Date: 06/01/2023 DocuSign Envelope ID: 39AA70B2-F93E-4208-A2D9-5C257622A4DE DocuSign Envelope ID: 8D539943-618A-4D09-9EC9-6AE248188B25 DocuSign Envelope ID: 4F5A4DDA-7CD1-4D55-A342-3DF8FAC0357B Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED Business Auto PolicyPolicy EndorsementCONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUSI.A.1.2.a.b.(1)(2)3.4.1.2.B.1.2.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.This endorsement modifies insurance provided under the following:BUSINESS AUTO COVERAGE FORMLIABILITY COVERAGEWho Is An InsuredThe following is added to Section II, Paragraph A.1., Who Is An Insured:a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on thedate 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.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.: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.Does not apply to:Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; orAny such organization that is an insured under any other liability "policy" providing autocoverage.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.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:Which are no longer in force; orWhose limits have been exhausted.Bail Bonds and Loss of EarningsSection II, Paragraphs A.2. (2) and A.2. (4) are revised as follows:In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; andIn a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. Endorsement No: 41; Page: 1 of 4 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606Form No: CNA63359XX (04-2012)Endorsement Effective Date: Endorsement Expiration Date: © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission.Policy Page: 183 of 197Policy No: BUA 7014861826Policy Effective Date: 06/01/2023 DocuSign Envelope ID: 39AA70B2-F93E-4208-A2D9-5C257622A4DE DocuSign Envelope ID: 8D539943-618A-4D09-9EC9-6AE248188B25 DocuSign Envelope ID: 4F5A4DDA-7CD1-4D55-A342-3DF8FAC0357B Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED Business Auto PolicyPolicy EndorsementC.II.A.B.a.b.C.a.D.a.b.c.d.e.(1)(2)E.

Fellow EmployeeSection II, Paragraph B.5 does not apply.Such coverage as is afforded by this provision C. is excess over any other collectible insurance.PHYSICAL DAMAGE COVERAGEGlass Breakage – Hitting A Bird Or Animal – Falling Objects Or MissilesThe 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.Transportation ExpensesSection III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide:$60 per day, in lieu of $20; subject to$1,800 maximum, in lieu of $600.Loss of Use ExpensesSection III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide:$1,000 maximum, in lieu of $600.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:Any covered auto you lease, hire, rent or borrow without a driver; andAny 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.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.The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned autos.Such physical damage coverage for hired autos will: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.Such coverage as is provided by this provision will be subject to a limit of $750 per accident.Airbag CoverageThe following is added to Section III, Paragraph B.3.:The accidental discharge of an airbag shall not be considered mechanical breakdown. Endorsement No: 41; Page: 2 of 4 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606Form No: CNA63359XX (04-2012)Endorsement Effective Date: Endorsement Expiration Date: © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission.Policy Page: 184 of 197Policy No: BUA 7014861826Policy Effective Date: 06/01/2023 DocuSign Envelope ID: 39AA70B2-F93E-4208-A2D9-5C257622A4DE DocuSign Envelope ID: 8D539943-618A-4D09-9EC9-6AE248188B25 DocuSign Envelope ID: 4F5A4DDA-7CD1-4D55-A342-3DF8FAC0357B Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED Business Auto PolicyPolicy EndorsementF.c.d.G.a.b.c.d.(1)(2)III.1.a.b.(1)(2)2.IV.A.

Electronic EquipmentSection III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following:Physical Damage Coverage on a covered auto also applies to loss to any permanently installed electronic equipment including its antennas and other accessoriesA $100 per occurrence deductible applies to the coverage provided by this provision.Diminution In ValueThe following is added to Section III, Paragraph B.6.:Subject to the following, the diminution in value exclusion does not apply to: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; andAny 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.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.The most we will pay for loss to a covered auto in any one accident is the lesser of:$5,000; or20% of the auto's actual cash value (ACV).Drive Other Car Coverage – Executive OfficersThe following is added to Sections II and III: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:An auto owned by that "executive officer" or a member of that person's household; orAn 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.Equal to the greatest of those coverages afforded any covered auto; andExcess over any other collectible insurance.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.BUSINESS AUTO CONDITIONSDuties In The Event Of Accident, Claim, Suit Or LossThe following is added to Section IV, Paragraph A.2.a.: Endorsement No: 41; Page: 3 of 4 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606Form No: CNA63359XX (04-2012)Endorsement Effective Date: Endorsement Expiration Date: © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission.Policy Page: 185 of 197Policy No: BUA 7014861826Policy Effective Date: 06/01/2023 DocuSign Envelope ID: 39AA70B2-F93E-4208-A2D9-5C257622A4DE DocuSign Envelope ID: 8D539943-618A-4D09-9EC9-6AE248188B25 DocuSign Envelope ID: 4F5A4DDA-7CD1-4D55-A342-3DF8FAC0357B Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED Business Auto PolicyPolicy Endorsement(4)(6)B.

C.D.E.a.V.

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.: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.Transfer Of Rights Of Recovery Against Others To UsThe 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.Concealment, Misrepresentation or FraudThe 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.Other InsuranceThe 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.Policy Period, Coverage TerritorySection IV, Paragraph B. 7.(5).(a). is revised to provide:45 days of coverage in lieu of 30 days.DEFINITIONSSection 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.

Endorsement No: 41; Page: 4 of 4 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606Form No: CNA63359XX (04-2012)Endorsement Effective Date: Endorsement Expiration Date: © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission.Policy Page: 186 of 197Policy No: BUA 7014861826Policy Effective Date: 06/01/2023 DocuSign Envelope ID: 39AA70B2-F93E-4208-A2D9-5C257622A4DE DocuSign Envelope ID: 8D539943-618A-4D09-9EC9-6AE248188B25 DocuSign Envelope ID: 4F5A4DDA-7CD1-4D55-A342-3DF8FAC0357B Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED Business Auto PolicyPolicy EndorsementNOTICE OF CANCELLATION TO CERTIFICATEHOLDERSIt 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 unchangedThis 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.

Endorsement No: 42; Page: 1 of 1 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606Form No: CNA68021XX (02-2013)Endorsement Effective Date: Endorsement Expiration Date: © Copyright CNA All Rights Reserved.Policy Page: 187 of 197Policy No: BUA 7014861826Policy Effective Date: 06/01/2023 DocuSign Envelope ID: 39AA70B2-F93E-4208-A2D9-5C257622A4DE DocuSign Envelope ID: 8D539943-618A-4D09-9EC9-6AE248188B25 DocuSign Envelope ID: 4F5A4DDA-7CD1-4D55-A342-3DF8FAC0357B Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED DocuSign Envelope ID: 39AA70B2-F93E-4208-A2D9-5C257622A4DE DocuSign Envelope ID: 8D539943-618A-4D09-9EC9-6AE248188B25 DocuSign Envelope ID: 4F5A4DDA-7CD1-4D55-A342-3DF8FAC0357B Docusign Envelope ID: 53BB0B5F-1E8C-448D-BB86-F78ACC3EBBED

Alameda City CouncilNovember 19, 2024

Alameda City Council
November 19, 2024