No preview available
HomeMy WebLinkAboutCED On-Call Building Plan Review and Inspection Consulting Services Agreement; Interwest____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: October 21, 2024 Disposition: Authorized the City Manager to enter into a Professional Services Agreement with Interwest Consulting Group for on-call building plan review and inspection consulting services in an amount not to exceed $150,000 Agenda Item No: 5.e Meeting Date: October 21, 2024 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community & Economic Development Department Prepared by: Micah Hinkle, Community & Economic Development Director City Manager Approval: ______________ TOPIC: ON-CALL BUILDING PLAN REVIEW AND INSPECTION CONSULTING SERVICES AGREEMENT SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH INTERWEST CONSULTING GROUP FOR ON-CALL BUILDING PLAN REVIEW AND INSPECTION CONSULTING SERVICES IN AN AMOUNT NOT TO EXCEED $150,000. RECOMMENDATION: Authorize the City Manager to enter into a Professional Services Agreement with Interwest Consulting Group for on-call building plan review and inspection consulting services in an amount not to exceed $150,000. BACKGROUND: The building plan review is a critical function of the building permit review process and requires specialized skills, experience, and certifications. The City, over the past decade, has effectively utilized specialized consulting service providers to provide for plan review and building division staff augmentation services. In order to meet the ebbs and flows of permit and development activity, three separate consulting firms have been utilized to provide services given varying firm capacities to address City needs. Interwest Consulting Group is one of three consulting firms providing on-call building plan review and inspection consulting services for the City’s building permit review process and support of staff augmentation for building counter services and building inspection services. As San Rafael continues to receive increased development applications and more complex construction applications (multi-family housing / mixed use commercial), the department continues to need assistance from specialized consulting firms to provide building permit plan check, counter services and inspection services. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 ANALYSIS: Interwest Consulting Group has consistently demonstrated that they have staff with the ability and flexibility to deliver high-quality services. The firm has been instrumental in moving development applications through the building permit review process and providing staff augmentation support services during peak construction activity periods and supporting the City during permitting and construction staffing shortages. Staff is seeking to extend the on-call building plan review and inspection consulting services from Interwest Consulting Group through December 2025 with a total contract not to exceed $150,000. This will cover existing commitments for services, as well as allow staff to request assistance from the firm as needed for staffing augmentation and filling for short term staffing gaps should they materialize. The CED Assistant Director/ Chief Building Official will review and approve each individual project, scope of work, and cost estimates, as needed. Copies of the draft Professional Services Agreement, along with associated cost estimates, are attached. FISCAL IMPACT: The total amount of the not-to-exceed agreement is $150,000. City initiated projects would be funded through available appropriations within the Community and Economic Development Department’s professional services budget. Services for building permit review would be paid for through developer permit fees. OPTIONS: The City Council has the following options to consider on this matter: 1.Authorize the City Manager to enter into the agreement; 2.Authorize the City Manager to enter into the agreement with modifications; 3.Direct staff to return with more information; or 4.Take no action. RECOMMENDED ACTION: Authorize the City Manager to enter into a Professional Services Agreement with Interwest Consulting Group for on-call building plan review and inspection consulting services in an amount not to exceed $150,000. ATTACHMENTS: 1.Professional Services Agreement with Interwest for on-call consulting services. 2.Interwest Scope and Fee Schedule AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SAN RAFAEL AND ESGIL, LLC DBA INTERWEST CONSULTING GROUP FOR BUILDING PLAN CHECK AND INSPECTION SERVICES This Agreement is made and entered into as of Apr 4, 2025 (the "Effective Date"), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation (hereinafter "CITY"), and ESGIL, LLC DBA INTERWEST CONSULTING GROUP, a California limited liability corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement." RF.0 TTAT,S CITY desires to secure professional services more fully described in this Agreement, at Exhibit A, entitled "SCOPE OF SERVICES"; and CONSULTANT represents that it, and its subcontractors, if any, have the professional qualifications, expertise, and necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of CITY; and The Parties have specified herein the terms and conditions under which such services will be provided and paid for. NOW, THEREFORE, the parties hereby agree as follows: AGREEMENT SERVICES TO BE PROVIDED. Except as otherwise may be expressly specified in this Agreement, CONSULTANT shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise (collectively referred to as "Services") to satisfactorily complete the work required by CITY at its sole risk and expense. Services to be provided to CITY are more fully described in Exhibit A entitled "SCOPE OF SERVICES." CONSULTANT acknowledges that the execution of this Agreement by CITY is predicated upon representations made by CONSULTANT in that certain proposal, dated July 1, 2023 ("Proposal") set forth in Exhibit A, which constitutes the basis for this Agreement. 2. COMPENSATION. In consideration for CONSULTANT's complete performance of Services, CITY shall pay CONSULTANT for all materials provided and services rendered by CONSULTANT at the unit rates and rates per hour for labor, as set forth in Exhibit A, for a total amount not to exceed $150,000 per City fiscal year. CONSULTANT will bill City on a monthly basis for Services provided by CONSULTANT during the preceding month, subject to verification by CITY. CITY will pay CONSULTANT within thirty (30) days of City's receipt of invoice. 3. TERM OF AGREEMENT. Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the Effective Date of this Agreement and terminate on June 30, 2028. 4. PROJECT COORDINATION. A. CITY'S Project Manager. Chief Building Official 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. CONSULTANT'S Project Director. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Paul Meschino, President of Interwest Consulting Group is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONSULTANT shall notify the CITY within ten (10) business days of the substitution. 5. 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 parry, 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 CONSULTANT and any and all of CONSULTANT'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. 0) 6. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONSULTANT 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. CITY acknowledges that written documents and materials prepared by CONSULTANT for CITY projects are intended solely for use on the project for which prepared and that CONSULTANT shall not be liable for any other use of those documents and materials. 7. INSPECTION AND AUDIT. Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONSULTANT in connection with its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY or its agent in any such audit or inspection. 8. ASSIGNABILITY. 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 which shall not be unreasonably delayed or withheld, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 9. INSURANCE REQUIREMENTS. During the term of this Agreement, and for any time period set forth in Exhibit B, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in Exhibit B. 10. INDEMNIFICATION. A. Except as otherwise provided in subparagraph B of this section, CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY and selected from CONSULTANT's insurance carrier's panel counsel, 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 CONSULTANT'S performance of its obligations or conduct of its operations under this Agreement. The CONSULTANT's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONSULTANT's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONSULTANT's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONSULTANT's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT'S performance of or operations under this Agreement, CONSULTANT 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. Notwithstanding any provision of law to the contrary, and not to infringe on the CONSULTANT's obligation to provide a defense to the City Indemnitees, including reasonable attorneys' fees, incurred in defense of such claims in Section 10(A), CONSULTANT shall have the right, in reasonable consultation with the CITY, to control the defense and settlement of any action for which indemnification is sought, provided that it shall not enter into any settlement that requires an admission of wrongdoing by any City Indemnitee without that City Indemnitee's approval. CONSULTANT's obligations under this Agreement are contingent upon timely receipt of notice of the claim for which indemnification is sought, such that defense of the claim is not prejudiced, and the reasonable assistance of the City Indemnitees in connection with the defense of the claim. B. Where the services to be provided by CONSULTANT 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, then, to the extent permitted by law including without limitation, Civil Code sections 2782, 2782.6 and 2782.8, CONSULTANT shall indemnify and hold harmless the CITY and its officers, officials, and employees (collectively City Indemnitees) from and against damages, liabilities or costs (including incidental damages, Court costs, reasonable attorney's fees as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in connection therewith and costs of investigation) to the extent they are caused by the negligence, recklessness, or willful misconduct of CONSULTANT, or any subconsultants, or subcontractor or anyone directly or indirectly employed by them, or anyone for whom they are legally liable (collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct of such City Indemnitee. 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. 11. NONDISCRIMINATION. CONSULTANT 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. 4 12. COMPLIANCE WITH ALL LAWS. CONSULTANT 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. CONSULTANT shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONSULTANT 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. 13. NO THIRD PARTY BENEFICIARIES. CITY and CONSULTANT 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. 14. 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: Don Jeppson Chief Building Official 1400 Fifth Avenue San Rafael, CA 94901 15. INDEPENDENT CONTRACTOR. To CONSULTANT's Project Director: Paul Meschino President of Interwest Consulting 9320 Chesapeake Drive, Suite 208 San Diego, CA 92123 For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONSULTANT and CITY expressly intend and agree that the status of CONSULTANT, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 16. 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 CONSULTANT 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 CONSULTANT 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. 17. SET-OFF AGAINST DEBTS. CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT under this Agreement, any monies which CONSULTANT owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 18. 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. 19. 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. 20. CITY BUSINESS LICENSE / OTHER TAXES. CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code, and CONSULTANT shall pay any and 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 CONSULTANT has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 0 21. SURVIVAL OF TERMS. Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled and shall apply to both Parties' respective successors and assigns. 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 23. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed by electronic signature and in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one document. Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission. [Signatures are on thefollowingpage.] IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL: Cristine Alilovioh Crlstine Alilovich (Apr 4, 202517:28 PDT) CRISTINE ALILOVICH, City Manager APPROVED AS TO FORM: Office of the City Attorney AM -ea V fveshwaYa Andrea Viweshwor. r (Apr 1. 2025 10:18 PDT) By: ANDREA VISVESHWARA, Chief Assistant City Attorney ATTEST: City Clerk eayr�sl�,2�is1M� %e,l Brenna Nurmi i(on iApr 7, 20250751 PDT) LINDSAY LARA, City Clerk CONSULTANT: ESGIL, LLC DBA INTERWEST CONSU—LTTIING GROUP By: �"`� wA\_Q� Name: Paul Meschino Title: President [If CONSULTANT is a corporation, add signature of second corporate officer] By: J044 Name: David Kniff Title: Assistant Secretary EXHIBIT A SCOPE OF SERVICES The Services to be performed for CITY by CONSULTANT under this Agreement are more fully described in CONSULTANT's proposal, which is attached to this Exhibit A. A-1 Exhibit A Page 1 of 5 July 1, 2023 Michele Ginn City of San Rafael 1400 5th Avenue San Rafael, CA 94901 riv INTERWEST A SAFEbuilt COMPANY Re: Agreement between the City of San Rafael and EsGil Corporation.: On —Call Plan Review Services Agreement — Building Plan Check and Inspection Services — Contract Amendment. Dear Michele, EsGil Corporation is pleased to present this proposal as per the City of San Rafael's request relative to the On -Call Plan Review Services Agreement - Building Plan Check and Inspection Services, Dated January 18th, 2005, between Effective July 1, 2023 Beginning on the V anniversary of the Effective Date of the Agreement and annually thereafter, the hourly rates listed below shall be automatically increased based upon the annual increase in the Department of Labor, Bureau of Labor Statistics, or successor thereof, Consumer Price Index (United States City Average, All Items (CPI-U), Not Seasonally Adjusted, All Urban Consumers, referred to herein as the "CPI"). Such an increase shall not exceed 5% per annum. The increase will become effective upon publication of the applicable CPI data. If the index decreases, the rates listed shall remain unchanged. TABLE OF RATES Plan Check & Inspection Fees Plan Review under Section 2(A) through 2(E):(% fee building permit fee 45% Plan Check Repetitive, first of identical budling: %fee of building permit Fee 45% Plan Check Repetitive, after first or identical building - % fee of building permit fee (each identical building) 10% Structural Only Plan Review - % building permit fee Expedited plan review 35% Expedited percentage of plan check fee paid to the city as designated in the application package, plus the additional hourly rate shown (Call EsGil office prior for availability) 150% Exhibit A Page 2 of 5 NO HOURLY RATES Schedule of Hourly Billing Rates Licensed Plan Review Engineer > 160 ICC Certified Senior Plans Examiner $ 140 ICC Certified Plans Examiner 130 Fire Protection Engineer 155 Senior Fire Plans Examiner 130 Fire Plans Examiner/ Fire Inspector 120 Permit Tech 90 CASp Plan Review 125 Senior Fire Plans Examiner 140 Inspector) Inspector)) $ 100 $ 120 Inspector III $ 130 TE: • The single fee includes all rechecks, plan check conferences as CONTRACTOR's office, reviewing plans that are initially found to be incomplete and for the transmitting of plans back to the jurisdiction. • The minimum fee for any proposed project plan review shall be one hundred dollars ($ 100.00). ADDITIONAL CHARGES • On -Call Inspections- 0 Minimum 4-hour daily inspection charge • Mileage - 0 Mileage utilization while performing inspections will be charged at the current IRS mileage rate. • There is no charge for shipping, supply, or material cost. • Over -time, holiday, and weekend rates will be billed at 150% of the rates shown in the Schedule of Hourly Billing Rates Thank you forthe opportunity to continue to serve the City of San Rafael. Provided the above is acceptable to the city, please authorize us to commence services under these new terms. We appreciate the opportunity to continue serving the City of San Rafael with timely and quality services. Sincerely yours, Paul Meschino President Interwest Consulting Group Billing Rates Effective January 1, 2025 Exhibit A Page 3 of 5 rw INTERWEST A SAFEbuitf COMPANY Beginning on the 1st anniversary of the Effective Date of the Agreement and annually thereafter, the hourly rates listed below shall be automatically increased based upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof, Consumer Price Index (United States City Average, All Items (CPI-U), Not Seasonally adjusted, All Urban Consumers, referred to herein as the "CPI"). Such increase shall not exceed 4% per annum. The increase will become effective upon publication of the applicable CPI data. If the index decreases, the rates listed shall remain unchanged. Classification Hourly Billing Rate Engineering Principal in Charge ................ .......................................................................................................... ..........$265 PrincipalEngineer.......................................................................................................................................240 CitySurveyor ............................. ....................................................................................................................230 CityEngineer................................................................................................................................................235 Project Manager ........................................... ............................................................................................. ..220 SeniorTraffic Engineer............................................................................................................................... 210 TrafficEngineer III.......................................................................................................................................200 TrafficEngineer II ............................... .........................................................................................................190 TrafficEngineer I..........................................................................................................................................180 Traffic Engineering Associate 11................................................................................................................165 Traffic Engineering Associate I..................................................................................................................155 TransportationEngineer............................................................................................................................220 SupervisingEngineer...................................................................................................................................215 SeniorEngineer............................................................................................................................................ 210 LicensedLand Surveyor.............................................................................................................................200 EngineeringAssociate III............................................................................................................................165 EngineeringAssociate 11..............................................................................................................................155 EngineeringAssociate I..............................................................................................................................145 SurveyTechnician........................................................................................................................................135 Senior Engineering Technician.................................................................................................................135 EngineeringTechnician III.................. ........................................................................................................135 EngineeringTechnician 11..........................................................................................................................120 EngineeringTechnician I............................................................................................................................110 StudentTrainee.......................................................... ............................................................... ..................... 55 GradingPlans Examiner..............................................................................................................................170 Building Safety Services CertifiedBuilding Official...........................................................................................................................170 DeputyBuilding Official...........................................................................................................................160 Licensed Plan Review Engineer (structural, civil, electrical, mechanical) / Architect .................165 Supervising Structural Engineer...............................................................................................................210 SeniorStructural Engineer.........................................................................................................................195 SeniorPlans Examiner................................................................................................................................150 CASp...............................................................................................................................................................145 InspectorIII..................................................................................................................................................120 Inspector II................................................................... ....110 ......................................................................... INTERWEST Exhibit A Page 4 of 5 InspectorI ........................................................................ ............................................................................100 PermitTechnician......................................................................................................................................... 85 FireProtection Engineer.............................................................................................................................170 SeniorFire Plans Examiner........................................................................................................................140 Fire Plans Examiner / Fire Inspector........................................................................................................130 ICC Building Plans Examiner...................................................................................................................130 Senior Code Enforcement Officer....................................................................................................................145 Code Enforcement Officer........................................................................................................................135 Trainee.................................................................................................................................................... ...75 Construction Management ConstructionManager..............................................................................................................................190 Assistant Construction Manager ............................................ ..................170 ............................................... Supervising Public Works Observer...... ................................. ..............185 SeniorPublic Works Observer..................................................................................................................180 PublicWorks Observer III..........................................................................................................................165 PublicWorks Observer II...........................................................................................................................150 PublicWorks Observer I.............................................................................................................................135 Real Estate SupervisingCorporate Broker..................................................................................................................270 SeniorProject Manager ............................ .................................................................................................210 ProjectManager..................................................................... ..................190 Senior Acquisition / Relocation Agent....................................................................................................145 Acquisition / Relocation Agent.................................................................................................................130 ROWTechnician..........................................................................................................................................120 ROWCoordinator ................................................. ......................................................................................105 Administrative Support .......................... Landscape Design Review Services Project Manager................................................................................. ........................195 ................................. Senior Landscape Design Reviewer........................................................................................................175 Landscape Design Reviewer.....................................................................................................................160 Landscape Maintenance Inspector...........................................................................................................135 Landscape Field Supervisor........................................................................................................................135 Planning Services Community Development Director...................................................................................................... 230 Project Manager...................................................................... ......................... ......................................... 210 PlanningManager..................................................................................................................................... 210 PrincipalPlanner........................................................................................................................................... 190 SeniorPlanner..............................................................-----............................................................................ 175 AssociatePlanner......................................................................................................................................... 140 AssistantPlanner...........................................................................................................................................115 PlanningTechnician.....................................................................................................................................95 Environmental Services CEOA/NEPA Project Manager................................................................................................................ 225 CEOA/NEPA Principal Planner............................................................................................................... 215 CEOA/NEPA Senior Planner................................................................................................................... 195 I N T E R W E S T Exhibit A Page 5 of 5 CEQA/NEPA Associate Planner................................................................................................................ 160 CEQA/NEPA Assistant Planner.................................................................................................................. 130 CEQA/NEPA Planning Tech.......................................................................................................................110 Administrative GrantManager..............................................................................................................................................170 GrantWriter..................................................................................................................................................160 ManagementAnalyst 11...............................................................................................................................130 ManagementAnalyst I................................................................................................................................120 SeniorAdministrative..................................................................................................................................120 AdministrativeIII...........................................................................................................................................100 Administrative11...............................................................................................................................................95 AdministrativeI...............................................................................................................................................80 Miscellaneous Work Outside Standard Hours - Services provided in excess of 8 hours per day, outside regular business hours, nights, weekends and holidays will be invoiced at 150% of the above standard rates. Prevailing Wages — Where work is required under the CA Labor Code for prevailing wages per jurisdiction, there will be a supplemental charge per hour to the above rates per applicable job classification, established at the time of commencement of work and adjusted from time to time in accordance with future wage determinations pursuant to the labor rates as determined by the CA Department of Industrial Relations. Mileage & Tolls — For inspection staff reporting to the job site from out of town, mileage will be reimbursed to and from the employee's reporting location, including their home location if not reporting to a company office, at the effective standard federal rate established at time of service. Tolls will be billed with no markup. I N T ERINEST EXHIBIT B INSURANCE REQUIREMENTS During the term of this Agreement, and for any time period set forth below, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in this Exhibit B. A. Scope of Coverage. During the term of this Agreement, CONSULTANT shall maintain, at no expense to CITY, the following insurance policies: 1. Commercial general liability. 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. Automobile liability. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence. 3. Professional liability. 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 one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONSULTANT's performance of services under this Agreement. Where CONSULTANT is a professional not required to have a professional license, CITY reserves the right to require CONSULTANT to provide professional liability insurance pursuant to this section. 4. Workers' compensation. If it employs any person, CONSULTANT shall maintain workers' compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. CONSULTANT's workers' compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONSULTANT in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance or workers' compensation insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) under the policies. 2. The additional insured coverage under CONSULTANT's insurance policies shall be "primary and noncontributory" 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 CONSULTANT'S policies shall be at least as broad as ISO form CG20 0104 13. IM 3. Except for professional liability insurance or workers' compensation insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Agreement, CONSULTANT hereby grants to CITY a waiver of any right to subrogation which any insurer of CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. 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. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the CONSULTANT under this Agreement. 9. CONSULTANT agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by CONSULTANT, provide the same minimum insurance coverage required of CONSULTANT, except as with respect to limits. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. CONSUTLANT agrees that upon request by CITY, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the performance of Services will be submitted to CITY for review. 10. CONSULTANT agrees to be responsible for ensuring that no contract used by any party involved in any way with the Services reserves the right to charge CITY or CONSULTANT for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to CITY. It is not the intent of CITY to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against CITY for payment of premiums or other amounts with respect thereto. KIM C. Deductibles and SIR's. Any deductibles or self -insured retentions in CONSULTANT's insurance policies must be declared to and approved by the CITY 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 parry. At CITY's option, the deductibles or self -insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONSULTANT shall provide to the PROJECT MANAGER 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 general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONSULTANT. 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 the CITY. MN CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Community Development Project Manager: Don Jeppson Extension: 3357 Contractor Name: EsGil/Interwest Contractor's Contact: Paul Maschino/ Maria Haro-Sullivan Contact's Email: mharo-sullivan@interwestgrp.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor 11/14/2023 ❑X MG b. Email contract (in Word) and attachments to City 11/14/2023 ©MG Attorney c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement 2/29/2024 and return to Project Manager 2/29/2024 ❑X NT b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor M NT 3 Department Director Approval of final agreement form to send to Click or tap Z contractor to enter a Forward three (3) originals of final agreement to date. 4 Project Manager Click here to 0 contractor for their signature enter a date. Project Manager When necessary, contractor -signed agreement 5 ❑ N/A agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 10/21/2024 Date of City Council approval PRINT Project Manager CONTINUE ROUTING PROCESS WITH HARD COPY 6 Forward signed original agreements to City 1/24/2025 DJ Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed agreement Review and approve insurance in PINS, and bonds 8 City Attorney (for Public Works Contracts) 9 City Manager / Mayor Agreement executed by City Council authorized City Clerk official Attest signatures, retains original agreement and r forwards copies to Project Manager Interwest- EsGil PSA Final Audit Report Created: 2025-04-01 By: Laraine Gittens (laraine.gittens@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAA1fklMogylyFUtWrKBLXezLDFtcz9fY5O "Interwest- EsGil PSA" History Document created by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2025-04-01 - 4:47:36 PM GMT P4 Document emailed to andrea.visveshwara@cityofsanrafael.org for signature 2025-04-01 - 4:49:51 PM GMT Email viewed by andrea.visveshwara@cityofsanrafael.org 2025-04-01 - 5:17:01 PM GMT 2025-04-07 do Signer and rea.visveshwara@cityofsanrafael.org entered name at signing as Andrea Visveshwara 2025-04-01 - 5:18:44 PM GMT 6e Document e-signed by Andrea Visveshwara (andrea.visveshwara@cityofsanrafael.org) Signature Date: 2025-04-01 - 5:18:46 PM GMT - Time Source: server Document emailed to Brenna Nurmi (brenna.nurmi@cityofsanrafael.org) for approval 2025-04-01 - 5:18:49 PM GMT Email viewed by Brenna Nurmi (brenna.nurmi@cityofsanrafael.org) 2025-04-03 - 3:09:04 PM GMT it o- Document approved by Brenna Nurmi (brenna.nurmi@cityofsanrafael.org) Approval Date: 2025-04-03 - 3:09:11 PM GMT - Time Source: server E-'4 Document emailed to cristine.alilovich@cityofsanrafael.org for signature 2025-04-03 - 3:09:13 PM GMT Email viewed by cristine.alilovich@cityofsanrafael.org 2025-04-05 - 0:27:35 AM GMT 6o Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich 2025-04-05 - 0:28:18 AM GMT a Adobe Acrobat Sign 60 Document e-signed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) Signature Date: 2025-04-05 - 0:28:20 AM GMT - Time Source: server '. Document emailed to brenna.nurmi@cityofsanrafael.org for signature 2025-04-05 - 0:28:23 AM GMT Email viewed by brenna.nurmi@cityofsanrafael.org 2025-04-07 - 2:51:30 PM GMT do Signer brenna.nurmi@cityofsanrafael.org entered name at signing as Brenna Nurmi (for) 2025-04-07 - 2:51:52 PM GMT Oe Document e-signed by Brenna Nurmi (for) (brenna.nurmi@cityofsanrafael.org) Signature Date: 2025-04-07 - 2:51:54 PM GMT - Time Source: server ® Agreement completed. 2025-04-07 - 2:51:54 PM GMT Adobe Acrobat Sign