HomeMy WebLinkAboutCM Essential Facilities Project Management AmendmentAMENDED AGREEMENT
FOR PROJECT MANAGEMENT AND PRE -CONSTRUCTION SERVICES
On December 15, 2014 the CITY OF SAN RAFAEL (hereinafter "CITY"), and Kitchell CEM Inc.,
thereinafter "CONTRACTOR") entered into an Agreement for Professional Services for an Essential
Facilities Strategic Plan. (the "Agreement").
The CITY and the CONTRACTOR desire to amend the Agreement to extend the term under Section 5 to
expire on June 30, 2016.
All other terms and conditions of the Agreement shall remain unchanged.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the eleventh day of
January, 2016.
CITY OF SAN
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Cityr
ATTEST:
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City Clerk
CONTRACTOR
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Name: .. "a............:`it„'
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City Attorney
PROFESSIONAL SERVICES AGREEMENT/CONTRACT
COMPLETION CHECKLIST AND ROUTING SLIP
Below is the process for getting your professional services agreements/contracts finalized and
executed. Please attach this "Completion Checklist and Routing Slip" to the front of your
contract as you circulate it for review and signatures. Please use this form for all professional
services aereements/contracts (not just those requiring City Council approval).
This process should occur in the order presented below. G�-
To be completed by Contracting Department:
Project Manager: i�l roject Name: . �_ (�
Agendized for City Council Meeting of (if necessary):
FPPC: ❑ , check if required
If you have questions on this process, please contact the City Attorney's Office at 485-3080.
* Council approval is required if contract is over $20,000 on a cumulative basis.
1.-
Completion
Step
Responsible
Description
1
Department
City Attorney
Review, revise, and comment on 'raft
Date
61.1
11? 1
agreement. 42 C0�ti
j,
2
Contracting Department
Forward final agreement to contractor for
L.C.-
their signature. Obtain at least two signed
l I Ce
originals from contractor.
3
Contracting Department
Agendize contractor -signed agreement for
Council approval, if Council approval.
necessary (as defined by City Attorney/City
Ordinance*).
4
City Attorney
Review and approve form of agreement;
dK
C/
bonds, and insurance certificates and
endorsements.
5
City Manager / Mayor / or
Agreement executed by Council authorized
Department Head
official.
6
City Clerk
City Clerk attests signatures, retains original ,
agreement and forwards copies to the��(�
contracting department.
(1
To be completed by Contracting Department:
Project Manager: i�l roject Name: . �_ (�
Agendized for City Council Meeting of (if necessary):
FPPC: ❑ , check if required
If you have questions on this process, please contact the City Attorney's Office at 485-3080.
* Council approval is required if contract is over $20,000 on a cumulative basis.
c" y OF
ddo Agenda Item No:
6.b
Meeting Date: Dec. 15, 2014
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Management Services
Prepared by: Jim Schutz,t
+pity Manager Approval:,
Assistant City Manager
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH KITCHELL CEM INC. FOR PROJECT MANAGEMENT AND PRE -
CONSTRUCTION SERVICES RELATED TO THE ESSENTIAL FACILITIES STRATEGIC
PLAN (TERM OF AGREEMENT JANUARY 1, 2015 THROUGH JUNE 30, 2015, WITH A
TOTAL BUDGET AMOUNT NOT TO EXCEED $93,680)
RECOMMENDATION:
Adopt the Resolution authorizing the City Manager to execute a Professional Services
Agreement with Kitchell CEM Inc. (Kitchell) for project management and pre -construction
services related to the Essential Facilities Strategic Plan.
BACKGROUND:
A separate item on tonight's City Council agenda is to prepare the Essential Facilities Strategic
Plan. That item contains a full "Background" and context for the Strategic Plan. This contract,
with Kitchell, is for project management services associated with that Plan.
On October 1, 2014, staff released a Request for Proposals for "Essential Facilities Project
Management and Pre -Construction Services." Submittals were due by October 24, 2014.
On November 4, 2014, the City Council's Facilities Subcommittee (Mayor Phillips and
Councilmember McCullough) conducted formal interviews of firms interested in providing project
management services for the Strategic Plan. On December 2, 2014, the Facilities
Subcommittee met and formed a recommendation to the full City Council. The Subcommittee
decided to recommend Kitchell for this scope of work.
ANALYSIS:
Kitchell is recommended due to the strength of their interview with the Facilities Subcommittee,
their extensive experience including recent construction management of public safety buildings
in Marin County, and exceptional references. In addition, Kitchell would have the resources and
expertise should the City wish to retain the firm in the future for construction management
services.
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paae: 2
In general, once a project is ready for construction, the construction manager role is an
essential one to deliver the project on time and budget. The Facilities Subcommittee and staff
have a preference for bringing this expertise into the project at the initial stage, so that the entire
process takes place with the constructability and overall success of the end projects in mind.
The project manager for Kitchell will be Bill Johal who is a Certified Construction Manager
(CCM). Mr. Johal has worked in a similar capacity for projects such as: the Central Marin
Police Authority Headquarters in Larkspur, the Novato Fire Station No. 64, and the Novato Civic
Center City Administration Offices among many other projects.
Kitchell will provide the following services:
• Management of the Strategic Plan process including facilitation of the Strategic Plan
Working Group through regular meetings and communication.
• Planning for the Strategic Plan Working Group and any other public outreach with the
City Manager's Office.
• Communication management, such as preparing and delivering project status reports
and other messaging to the City Council, City employees, the public, and the media.
• Management of the budget for the Strategic Plan.
• Provide constructability input into the process as the programs and budgets are being
assembled for recommendation.
• Identify obstacles to construction to prevent errors, delays, or cost overruns.
• Provide input to the site/facility programs and project budgets, prioritization, phasing,
and implementation schedule.
• Provide input to Strategic Plan to ensure a set of functional and financially viable
projects.
The above scope of work is anticipated to begin in January 2015 and take approximately four to
six months. As noted in the staff report for the Strategic Plan, upon its completion, the City
would be positioned to begin an architectural design and pre -construction phase —followed by
the construction phase.
FISCAL IMPACT:
The proposed contract includes $93,680 plus reasonable and customary reimbursable
expenses for the professional services as detailed in the scope of work attached to the
Resolution. The cost and/or the time of commute travel will not be charged to the City.
These funds will be appropriated from the portion of Measure E revenues allocated to public
safety facilities construction and improvements.
OPTIONS:
• Approve the Resolution
• Modify. Resolution and/or direct staff to return with modifications
ATTACHMENTS:
• Resolution authorizing the City Manager to execute a Professional Services Agreement
with Kitchell CEM Inc. for project management services associated with the Essential
Facilities Strategic Plan
• Draft Professional Services Agreement with Kitchell CEM Inc.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING
THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
KITCHELL CEM INC. FOR PROJECT MANAGEMENT AND PRE -CONSTRUCTION
SERVICES RELATED TO THE ESSENTIAL FACILITIES STRATEGIC PLAN (TERM OF
AGREEMENT JANUARY 1, 2015 THROUGH JUNE 30, 2015, WITH A TOTAL BUDGET
AMOUNT NOT TO EXCEED $93,680)
WHEREAS, the City wishes to have an Essential Facilities Strategic Plan which
will build on the foundation of the past studies and committee work, to comprehensively
analyze and present a prioritized strategy;
WHEREAS, on October 1, 2014, staff issued a Notice Inviting Proposals for
Project Management and Pre -Construction Services for an Essential Facilities Strategic
Plan and received five proposals by the deadline of October 24, 2014;
WHEREAS, the City Council's Facilities Subcommittee interviewed the top three
firms on November 4, 2014 and directed staff to work with finalists to further develop the
scope of work and fees and conduct reference checking; and
WHEREAS, on December 2, 2014, the City Council's Facilities Subcommittee
decided to recommend to the full City Council an Agreement with Kitchell CEM Inc. for
project management and pre -construction services.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Rafael does hereby authorize the City Manager to execute, on behalf of the City of San
Rafael, a Professional Services Agreement, in a form to be approved by the City
Attorney, with Kitchell GEM Inc., for project management and pre -construction services
related to the Essential Facilities Strategic Plan, in an amount not to exceed $93,680.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of San Rafael does hereby authorize the appropriation of $93,680 from fiscal year
2014-2015 General Fund Measure E revenues to fund this Agreement.
I, ESTHER BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the City
Council of said City held on Monday, the 15th day of December 2014 by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ESTHER C. BEIRNE, City Clerk
AGREEMENT FOR PROFESSIONAL SERVICES
FOR AN ESSENTIAL FACILITES STRATEGIC PLAN
This Agreement is made and entered into this day of December, 2014, by and
between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Kitchell CEM Inc., a California
Corporation (hereinafter "CONTRACTOR").
WHEREAS, the City wishes to have an Essential Facilities Strategic Plan which will
build on the foundation of past studies and committee work, to comprehensively analyze and
present a prioritized strategy;
WHEREAS, on October 1, 2014, staff issued a Notice Inviting Proposals for Project
Management and Pre -Construction Services for an Essential Facilities Strategic Plan and
received five proposals by the deadline of October 24, 2014;
WHEREAS, the City Council's Facilities Subcommittee interviewed the top three firms
on November 4, 2014 and directed staff to work with finalists to further develop the scope of
work and fees and conduct reference checking; and
WHEREAS, on December 2, 2014, the City Council's Facilities Subcommittee decided
to recommend to the full City Council an Agreement with Kitchell CEM Inc. for project
management and pre -construction services.
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
f�91T-01IX"IEV4 614110100141[632
A. CITY'S Project Manager. The Assistant City Manager is hereby designated the
PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects
of the progress and execution of this Agreement.
B. CONTRACTOR'S Project Director. CONTRACTOR shall assign a single
PROJECT DIRECTOR to have overall responsibility for the progress and execution of this
Agreement for CONTRACTOR. Bill Johal is hereby designated as the PROJECT DIRECTOR for
CONTRACTOR. Should circumstances or conditions subsequent to the execution of this
Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTRACTOR shall
notify the CITY within ten (10) business days of the substitution.
2. DUTIES OF CONTRACTOR.
CONTRACTOR shall perform the duties and/or provide services as shown in the attached
document marked as Exhibit A submitted by Kitchell CEM Inc. which includes the Scope of
Services and Fees.
Rev. Date; 1130114
3. DUTIES OF CITY.
CITY shall pay the compensation as provided in Paragraph 4, and coordinate with
CONTRACTOR regarding key aspects of the Strategic Plan process.
4. COMPENSATION.
For the full performance of the services described herein by CONTRACTOR, CITY shall
pay CONTRACTOR a total professional services fee of $93,680 with reasonable and customary
reimbursable expenses as approved by the PROJECT MANAGER.
Payment will be made monthly upon receipt by PROJECT MANAGER of itemized
invoices submitted by CONTRACTOR.
5. TERM OF AGREEMENT.
The term of this Agreement shall be for six months commencing on January 1, 2015 and
ending on June 30, 2015. Upon mutual agreement of the parties, and subject to the approval of the
City Manager the term of this Agreement may be extended for an additional period but not longer
than one year.
6. TERMINATION.
A. Discretionary. Either party may terminate this Agreement without cause upon
thirty (30) days written notice mailed or personally delivered to the other party.
B. Cause. Either party may terminate this Agreement for cause upon fifteen (15)days
written notice mailed or personally delivered to the other party, and the notified party's failure to
cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such
notice, within such fifteen (15) day time period.
C. Effect of Termination. Upon receipt of notice of termination, neither party shall
incur additional obligations under any provision of this Agreement without the prior written consent
of the other.
D. Return of Documents. Upon termination, any and all CITY documents or
materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and
materials prepared for or relating to the performance of its duties under this Agreement, shall be
delivered to CITY as soon as possible, but not later than thirty (30) days after termination.
7. OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by the CONTRACTOR in connection with
the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may
use said property for any purpose, including projects not contemplated by this Agreement.
Rev. date: 1/30/14
Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for
inspection and audit, all documents and materials maintained by CONTRACTOR in connection
with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate
with CITY or its agent in any such audit or inspection.
The parties agree that they shall not assign or transfer any interest in this Agreement nor the
performance of any of their respective obligations hereunder, without the prior written consent of
the other party, and any attempt to so assign this Agreement or any rights, duties or obligations
arising hereunder shall be void and of no effect.
A. Scope of Coverage. During the term of this Agreement, CONTRACTOR shall
maintain, at no expense to CITY, the following insurance policies:
1. A commercial general liability insurance policy in the minimum amount of
one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for
death, bodily injury, personal injury, or property damage.
2. An automobile liability (owned, non -owned, and hired vehicles) insurance
policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence.
3. If any licensed professional performs any of the services required to be
performed under this Agreement, a professional liability insurance policy in the minimum amount
of two million dollars ($2,000,000) per occurrence/four million dollars ($4,000,000) aggregate, to
cover any claims arising out of the CONTRACTOR's performance of services under this
Agreement. Where CONTRACTOR is a professional not'required to have a professional license,
CITY reserves the right to require CONTRACTOR to provide professional liability insurance
pursuant to this section.
4. If it employs any person, CONTRACTOR shall maintain worker's
compensation and employer's liability insurance, as required by the State Labor Code and other
applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY
against all liability for injuries to CONTRACTOR's officers and employees. CONTRACTOR'S
worker's compensation insurance shall be specifically endorsed to waive any right of subrogation
against CITY.
B. Other Insurance Requirements. The insurance coverage required of the
CONTRACTOR in subparagraph A of this section above shall also meet the following
requirements:
1. Except for professional liability insurance, the insurance policies shall be
specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as
additionally named insureds under the policies.
Rev. date: 1/30/14 3
2. The additional insured coverage under CONTRACTOR'S insurance
policies shall be primary with respect to any insurance or coverage maintained by CITY and shall
not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and
noncontributory" coverage in CONTRACTOR'S policies shall be at least as broad as ISO form
CG20 0104 13.
3. Except for professional liability insurance, the insurance policies shall
include, in their text or by endorsement, coverage for contractual liability and personal injury.
4. The insurance policies shall be specifically endorsed to provide that the
insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said
insurance policies except upon ten (10) days written notice to the PROJECT MANAGER.
5. If the insurance is written on a Claims Made Form, then, following
termination of this Agreement, said insurance coverage shall survive for a period of not less than
five years.
6. The insurance policies shall provide for a retroactive date of placement
coinciding with the effective date of this Agreement.
7. The limits of insurance required in this Agreement may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a primary and
noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement)
before CITY'S own insurance or self-insurance shall be called upon to protect it as a named
insured.
8. It shall be a requirement under this Agreement that any available insurance
proceeds broader than or in excess of the specified minimum insurance coverage requirements
and/or limits shall be available to CITY or any other additional insured party. Furthermore, the
requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this
Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or
proceeds available to the named insured; whichever is greater.
C. Deductibles and SIR's. Any deductibles or self-insured retentions in
CONTRACTOR's insurance policies must be declared to and approved by the PROJECT
MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any
self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be
satisfied by either the named insured or CITY or other additional insured party. At CITY's option,
the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to
CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and
related investigations, claims administration, attorney's fees and defense expenses.
D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT
MANAGER or CITY'S City Attorney all of the following: (1) Certificates of Insurance
evidencing the insurance coverage required in this Agreement; (2) a copy of the policy
declaration page and/or endorsement page listing all policy endorsements for the commercial
Rev. date: 1/30/14
general liability policy, and (3) excerpts of policy language or specific endorsements
evidencing the other insurance reauirements set forth in this Agreement. CITY reserves the
right to obtain a full certified copy of any insurance policy and endorsements from
CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to
exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT
MANAGER and the City Attorney.
11. INDEMNIFICATION.
A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the
fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and
hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City
Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of
any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of
litigation, (collectively "CLAIMS"), arising out of CONTRACTOR'S performance of its
obligations or conduct of its operations under this Agreement. The CONTRACTOWs
obligations apply regardless of whether or not a liability is caused or contributed to by the active
or passive negligence of the City Indemnitees. However, to the extent that liability is caused by
the active negligence or willful misconduct of the City Indemnitees, the CONTRACTOWs
indemnification obligation shall be reduced in proportion to the City Indemnitees' share of
liability for the active negligence or willful misconduct. In addition, the acceptance or approval
of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or
employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the
event the City Indemnitees are made a party to any action, lawsuit, or other adversarial
proceeding arising from CONTRACTOR'S performance of or operations under this
Agreement, CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S
option reimburse the City Indemnitees their costs of defense, including reasonable attorneys'
fees, incurred in defense of such claims.
B. Where the set vices to be provided by CONTRACTOR under this Agreement are
design professional services to be performed by a design professional as that term is defined
under Civil Code Section 2782.8, CONTRACTOR shall, to the fullest extent permitted by law,
indemnify, release, defend and hold harmless the City Indemnitees from and against any
CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of CONTRACTOR in the performance of its duties and obligations under this
Agreement or its failure to comply with any of its obligations contained in this Agreement,
except such CLAIM which is caused by the sole negligence or willful misconduct of CITY.
C. The defense and indemnification obligations of this Agreement are undertaken in
addition to, and shall not in any way be limited by, the insurance obligations contained in this
Agreement, and shall survive the termination or completion of this Agreement for the full period
of time allowed by law.
[�OQM ►I 13 Mei %14 OUT I I
CONTRACTOR shall not discriminate, in any way, against any person on the basis of age,
sex, race, color, religion, ancestry, national origin or disability in connection with or related to the
performance of its duties and obligations under this Agreement.
Rev. date: 1/30114
13. COMPLIANCE WITH ALL LAWS.
CONTRACTOR shall observe and comply with all applicable federal, state and local laws,
ordinances, codes and regulations, in the performance of its duties and obligations under this
Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with
these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify
and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities,
penalties, fines and all other consequences from any noncompliance or violation of any laws,
ordinances, codes or regulations.
14. NO THIRD PARTY BENEFICIARIES.
CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in
any third party, any benefit or right owed by one party, under the terms and conditions of this
Agreement, to the other party.
15. NOTICES.
All notices and other communications required or permitted to be given under this
Agreement, including any notice of change of address, shall be in writing and given by personal
delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the
parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or
if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as
follows:
TO CITY's Project Manager:
TO CONTRACTOR's Project Director:
16. INDEPENDENT CONTRACTOR.
Assistant City Manager
City of San Rafael
1400 Fifth Avenue
P.O. Box 151560
San Rafael, CA 94915-1560
Kitchell CEM Inc., Attn: Bill Johal
2750 Gateway Oaks Drive, Suite 300
Sacramento, CA 95$33
For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers,
agents and employees shall act in the capacity of an Independent Contractor, and not as employees
of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of
CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not
that of an employee of CITY.
Rev. date: 1/30/14
17. ENTIRE AGREEMENT -- AMENDMENTS.
A. The terms and conditions of this Agreement, all exhibits attached, and all documents
expressly incorporated by reference, represent the entire Agreement of the parties with respect to the
subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or written,
regarding the subject matter between the CONTRACTOR and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the subject
matter of this Agreement, shall be valid or binding, except by way of a written amendment to this
Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified except
by a written amendment to this Agreement signed by the CONTRACTOR and the CITY.
E. If any conflicts arise between the terms and conditions of this Agreement, and the
terms and conditions of the attached exhibits or the documents expressly incorporated by reference,
the terms and conditions of this Agreement shall control.
18. SET-OFF AGAINST DEBTS.
CONTRACTOR agrees that CITY may deduct from any payment due to
CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under
any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments,
unpaid checks or other amounts.
19. WAIVERS.
The waiver by either party of any breach or violation of any term, covenant or condition of
this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any
other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or
violation of the same or other term, covenant, condition, ordinance, law or regulation. The
subsequent acceptance by either party of any fee, performance, or other consideration which may
become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding
breach or violation by the other party of any term, condition, covenant of this Agreement or any
applicable law, ordinance or regulation.
20. COSTS AND ATTORNEY'S FEES.
The prevailing party in any action brought to enforce the terms and conditions of this
Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs
(including claims administration) and attorney's fees expended in connection with such action.
21. CITY BUSINESS LICENSE t OTHER TAXES.
CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY
business license as required by the San Rafael Municipal Code CONTRACTOR shall pay any and
Rev. date: 1/30/14 7
all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any
work performed under this Agreement, until CONTRACTOR has provided CITY with a
completed Internal Revenue Service Foran W-9 (Request for Taxpayer Identification Number and
Certification).
22. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL CONTRACTOR
am
NANCY MACKLE, City Manager
Name:
Title:
ATTEST:
ESTHER C. BEIRNE, City Clerk
APPROVED AS TO FORM:
ROBERT F. EPSTEIN, City Attorney
Rev, date: 1/30/14
December 5, 2014
Jim Schutz
Assistant City Manager
San Rafael City Hall .
14UOFifth Avenue, Room 203
San Rohye|, California 94915-1560
R*: Scope ofServices and Fee for the
Essential Facilities Project KOane8exnmntandPre-Cmnstnmt|onServ|oea
Dear Mr. Schutz,
Thank you for notifying me that Kitchell was selected toprovide Project Management Services for the
City cfSan RmfamysEssential Fmci(ities Project Managementand Pre -Construction Services. On
behalf Of Our entire team, I personally would like to thank you and the members of the selection
committee for this opportunity. VVeare very excited about working with the City onthis important
project.
Per Your request, the following isalist of the scope for the Project Management Services that we
intend to provide the City during the Strategic Plan phase of the project.
Scope of Services:
" Management of the Strategic Plan process including facilitation of the Strategic Plan Working
Group through regular meetings /e.g.twice amonth) and Communication. .
^ Planning for the Strategic Plan Working Group with the City Manager's Office.
» Communication management, such oapreparing and delivering project atatuonspurtaand
other messaging to the City Council, City employees, the public, and the media,
* Management ofthe budget for the Strategic Plan.
* Provide oonotruutahi|ityinput into the process os the programs and budgets are being
assembled for recommendation,
" Identify obstacles to construction to prevent errors, delays, or cost overruns.
" Provide input tothe site/facility programs and project budgeiu.prioriUzadon.pheoing.ond
implementation schedule.
° Provide input bzStrategic Plan toensure aset offunctional and financially viable projects.
The fee hn provide Project Management for the above services ioonot bnexceed amount of$77.7G0
Plus reasonable and customary reimbursable expenses. In addition, engineering and estimating staff
hours have been included for the review of the Strategic Plan Consultants deliverables. This amounts
toanadditional cost of$16.92A. The total combined fee for this scenario iu$S3,688. The proposed
fee utilizes the level of staff and the designated number of man hours for the respective staff member
during each phase identified onthe attached Staffing Fee Timeline. Time will becharged onon
hourly basis. The calculation ofthe hours each month and subsequent fee does not include Project
Management hours to accompany the Strategic Plan consultant during the physical assessment of
each facility and any interviews or workshops to gather Needs Assessment data. Should the City of
Nmliell CEPA
� Gan Rafael request that Kitchell's designated Project Manager accompany the Strategic Plan
consultants during these activities, these additional hours can bebilled onatime and material basis
` the hourly rate shown in the Staffing Fee Timeline. |npreparing this fee vxaassume acontract
start date for the above scope of services of January Ist, 2015 and a completion date of June 30th,
2015.
Reimbursable expenses may include; Project Office and equipment, Telecommunications, Postage,
Consumables, P|anm/Phnts/Phohooand Project -related travel. Please note that the cost oftravel and
'
PM time for travel between our Sacramento Office and San Rafael will not be charged to the City.
Thank you for the opportunity hoprovide these services. Our resources are inplace and vYoare ready
tocommence with this work. |[ you have any questions, please donot hesitate tocontact meotthis
office.
Ginoona|y'
. ..
Proiect Director
11
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