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CM 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 JIMbana Z Cityr ATTEST: _m....y _. 12_,... e'-, City Clerk CONTRACTOR By: ..., „„ ,.y ......... ... .... nm Name: .. "a............:`it„' Title: :. .�.. ,.. (n°: efik's 11-DA'."�wJ , .,...w. 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 : KmJvUnEN 275Gateway Oaks Drive \ ovu mm | nomamonto, California os83x pxno u`1aa*8,oro | n*916.6413.6534 | wwwmmxon.con `` N r T oda N U N m r y ��yy 4lT r N � d � � Hz m � c N N H N r T oda N N m N � � r m � H �y -d `L a � n N r � N r T oda