HomeMy WebLinkAboutPW 2017 Disaster Cost RecoveryAGREEMENT FOR PROFESSIONAL SERVICES
FOR 2017 DISASTER COST RECOVERY AND GRANT MANAGEMENT ASSISTANCE
This Agreement is made and entered into this Sc qday of April, 2017, by and between the
CITY OF SAN RAFAEL (hereinafter "CITY"), and Kerman Consulting Group, Inc. (hereinafter
"CONTRACTOR").
RECITALS
WHEREAS, the in January 2017 the City of San Rafael experienced a significant storm
related disaster event and will be seeking assistance from the Federal Emergency Management
Agency (herein refered to as FEMA) to assist with storm related reconstruction of City facilities;
and
WHEREAS, the City requires assistance with developing and managing the necessary
documentation required to obtain reimbursement from FEMA for storm rlated damages.
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. PROJECT COORDINATION.
A. CITY'S Project Manager. The Director of Public Works 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. Masoud Kerman is hereby designated as the PROJECT
DIRECTOR for CONTRACTOR. Should circtunstances 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 perforn the duties and/or provide services described in Exhibit A
attached hereto and incorporated herein by reference.
3. DUTIES OF CITY.
CITY shall pay the compensation as provided in Paragraph 4.
l-f,3-Cj2 1
4. COMPENSATION.
For the firll performance of the services described herein by CONTRACTOR, CITY shall
pay CONTRACTOR in accordance with the Fee Schedule attached hereto as Exhibit "A". In no
event shall the total compensation paid by CITY to CONTRACTOR for services Linder this
Agreement exceed TWENTY THOUSAND DOLLARS ($20,000).
Payment will be made monthly upon receipt by PROJECT MANAGER of itemized
invoices submitted by CONTRACTOR.
5. TERM OF AGREEMENT.
The tern of this Agreement shall commence as of April 4, 2017 and shall end on July 1,
2018. 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 of two (2) year(s).
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 -Linder any provision of this Agreement without the prior written consent
of the other.
D. Return of llocuments. 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 ternination.
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.
INSPECTION AND AUDIT.
Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for
inspection and audit, all documents and materials maintained by CONTRACTOR in confection
with its performance of its duties under this Agreement. CONTRACTOR shall fiilly cooperate
with CITY or its agent in any such audit or inspection.
9. 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, and any attempt to so assign this Agreement or any rights, duties or obligations
arising hereunder shall be void and of no effect.
10. INSURANCE.
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/one million dollars ($1,000,000) 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 one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) 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 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. 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.
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
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noncontributory" coverage in CONTRACTOR'S policies shall be at least as broad as ISO forrn
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 tunbrella 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 tinder 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 mininnun coverage and limits specified in this
Agreement; or (2) the broader coverage and maxinum 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, clairns 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
general liability policy, and (3) excerpts of policv lane-uare or specific endorsements
evidencinLy the other insurance requirements set forth in this Agreement. CITY reserves the
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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 hainiless 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 CONTRACTOR'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 CONTRACTOR'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 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 Larder 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 services 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,
indenulify, 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 terrnination or completion of this Agreement for the full period
of time allowed by law.
12. NONDISCRIMINATION.
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.
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 perforin 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 untended 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: Bill Guerin, Public Works Director
City of San Rafael
1400 Fifth Avenue
P.O. Box 151560
San Rafael, CA 94915-1560
TO CONTRACTOR's Project Director: Masoud Kerman
Kerman Consulting Group Inc.
PO Box 29433
San Francisco, CA 94129
Telephone: 415.8 83.3 820
16. INDEPENDENT CONTRACTOR.
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.
17. ENTIRE AGREEMENT -- AMENDMENTS.
A. The terns and conditions of this Agreement, all exhibits attached, and all doctunents
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 terns 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 terns and conditions of tlus Agreement, and the
terns 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 fiom 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,
impaid checks or other amounts.
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 saine or other teen, 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 terns 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 / OTHER TAXES.
CONTRACTOR shall obtain and maintain dining the duration of this Agreement, a CITY
business license as required by the San Rafael Mwiicipal Code CONTRACTOR 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 wider this Agreement, until CONTRACTOR has provided CITY with a
completed Internal Revenue Service Form 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
JIMCI TZ, City is er
ATTEST:
ESTHER C. BEIRNE, City Clerk
APPROVED AS TO FORM:
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ROBERT F. EPSTEIN, CWy Attor ey
CONTRACTOR
Name:�}!-//'6Af1l. /QFAer'i4N 1
Title: pu'S f Dc:.17-
CITY OF SAN RAFAEL
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PROPOSAL
Disaster Cost Recovery and Grant Management
March 20, 2017
F3
KERMANI CONSULTING GROUP [KCGI
P.O. BOM 29433
SAN FRANCISCO CA 94129
415.883.3820
J KERMANI CONSULTING GROUP
V .
DISASTER GRANTS •HAZARD MITIGATION* PROJECT MANAGEMENT
P.O. BOX 29433
SAN FRANCISCO, CA 94129
March 20, 2017
Mr. Kevin McGowan
Assistant Public Works Director/City Engineer
City of San Rafael
111 Morphew Street
San Rafael CA 94915-1560
Re: Statement of Qualification - Proposal
Disaster Cost Recovery and Grant Management
Dear Mr. McGowan:
(415) 883-3820
FAX (415) 883-3916
As a follow-up to our meeting with you and the Director Mr. Bill Guerin on Friday, March
17, 2017 and as requested, we are pleased to provide the Kermani Consulting Group (KCG)'s
Statement of Qualification and Proposal in accordance with the enclosed Exhibit "A".
KCG has worked with a number of Cities and Counties in the last twenty years to assist with
the cost recovery, appeals and audits of various disasters. In particular, we worked with the
City of San Rafael to prepare the Guide on the FEMA-CalOES Public Assistance Programs
and provide training to the staff in 2013. Moreover, we have a close working relationship
with local government agencies such as the Counties of Marin, Napa, San Mateo and
Sonoma and the Cities of Grass Valley, Larkspur, Pacifica and Brisbane.
KCG has been exclusively providing FEMA- OES disaster cost recovery consulting services
in the last twenty years and is uniquely qualified to help the City for the following reasons:
a Ability to maximize disaster recovery reimbursements
KCG's extensive experience and its close long-term professional and personal relationship
with the Federal Emergency Management Agency (FEMA) and the State California Office
of Emergency Services (CalOES) allow us to maximize the eligible disaster recovery
reimbursements from FEMA and CalOES.
o Extensive experience
KCG has nearly twenty eight years of continuous full-time experience with numerous State
and Federally declared disasters, especially the Loma Prieta, San Simeon and Napa
KCG Proposal
City of San Rafael
March 20, 2017
Earthquakes, the 1998 El Nino and the 2005/2006 Storm disasters. KCG offers a multi-
disciplinary team of qualified and highly experienced professionals including technical
experts. This team has a strong track record of providing comprehensive services to local
governments in the reimbursement of disaster response and recovery costs through FEMA's
Public Assistance and the Hazard Mitigation Grant Programs administered by CalOES. The
team has in-depth knowledge and experience with the Stafford Act, CFR 44, OMB A-87, the
California Disaster Assistance Act (CDAA) and various Public Assistance guides and
policies adopted by FEMA such as the Landslide Policy.
O Close working relationship with CalOES/FEMA staff
We have had a professional and personal relationship with most of the CalOES and FEMA
staff in the last twenty eight years. The firm's proximity both to the FEMA headquarters in
Oakland and to the CalOES office in Sacramento allows us to monitor the projects' progress
and to expedite the funding approvals.
o Large Number of Satisfied Clients
KCG has been providing comprehensive consulting services to a large number of local
governments for the last twenty years. This includes the San Francisco International Airport,
Sonoma County, San Mateo County, the cities of San Rafael, Larkspur, Mill Valley, Paso
Robles, Atascadero, Napa, Pacifica, Daly City, Brisbane, Grass Valley and Millbrae, the
Marin County Department of Public Works and Open Space District and the City and
County of San Francisco (CCSF). In every case, KCG has maximized the disaster recovery
dollars and also provided technical advice to its clients.
We appreciate the opportunity to submit our proposal and look forward to working with you
and the City for a successful conclusion to take the necessary actions to secure funding to
repair the sites damages by the latest 2017 storms, to maximize the disaster cost recovery
reimbursements for the City and to manage the disaster grants.
Please call me at (415) 883-3820 if you have any questions.
Sincerely,
N. Kerman, P.E.
Enclosure: Exhibit "A"
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City of San Rafael
March 20, 2017
EXHIBIT "A"
City of San Rafael
Disaster Cost Recovery and Grant Management
A.1 Proposed Scope of Services
The consulting services will be provided to the City of San Rafael (the City) to assist the
City to obtain the necessary approvals form the State of California Office of Emergency
Services (CalOES), Federal Emergency Management Agency (FEMA) and the Federal
Highway Administration (FHWA) to provide funding to repair the sites damaged by the
latest storms and declared disaster(s).
The scope of services will be performed as authorized by the City. Some examples of the
tasks that could be provided to the County are listed below:
1. Meet with the City officials and consultants
2. Provide guidance to the City to prepare for the disaster grant application process
3. Prepare and /or review the City's List of Projects (LOP)
4. Originate and organize project files for each damaged site
5. Visit the damaged sites in LOP
6. Attend the Kickoff Meeting with the City, CalOES and FEMA officials
7. Review and provide comment on the geotechnical reports prepared by the City's
consultants
8. Review the procurement contracts to complete the projects' scope of work
9. Review and provide comments on the projects' scope of work and cost estimates
10. Assist with the preparation of the FEMA's Project Worksheets (PW)
11. Assist with the preparation of the State CalOES Damage Survey Reports (DSR)
12. Review and analyze the Damage Survey Reports (DSR) and Project Worksheets
PW) prepared for each project
13. Review the State OES Notice of Obligation Packages
14. Prepare requests for Time Extension
15. Prepare the appeal packages including cost, technical and regulations analysis
16. Coordinate activities between the County, State, FEMA, other agencies and
consultants
17. Assist with the project monitoring/ quarterly reports required by the State and FEMA
18. Prepare requests for PW Versions and Supplemental DSRs
19. Financial Analysis of the reimbursable funds/ checks received
20. Assist with the Final Inspection Audit
21. Follow up with the State to receive the retention
22. Manage the Audits with the City, State Controller Office and Federal Office of
Inspector General (OIG)
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A2. Qualifications and Experience:
Kerman Consulting Group (KCG) was founded in 1997 to provide comprehensive disaster
consulting services to local public agencies seeking grant assistance from the State and
Federal agencies such as the Governor's California Office of Emergency Services
(CalOES), the Federal Emergency Management Agency (FEMA), and the Federal Highway
Administration (FHWA).
Masoud Kerman, president of KCG has a Masters Dearee in Civil/Structural Enaineerina
and is a registered civil engineer with over thirty six years of experience in the field of
engineering, disaster response, cost recovery, construction and project management. For
over eiaht vears. he worked for the Governor's OES office and was co -located with the,
FEMA Region IX personnel in their headquarters at the Presidio of San Francisco., He
managed the OES staff assigned to the disaster cost recovery of all the sites damaged by the
Loma Perieta Earthquake.
In the past twenty years, KCG has assisted a number of cities and counties with the disaster
cost recovery of the sites damaged by the declared disasters such as the floods of 1994,
1996. 1997. 1998. 2005 and 2006 and the San Simeon. Loma Prieta and Nana earthquakes.
KCG has been working with the City of Pacifica since March of 1997 on ALL declared
disasters from 1994 to 2010. We have provided disaster cost recovery consulting, technical
advice and project management for all the sites damaged by the various disasters securing
over $12M from the State OES and FEMA for the City.
In 2012, KCG worked with the City of Pacifica to manage their audit of the disaster funds
by the Office of Inspector General (OIG). KCG prepared complete project and financial files
for the all project work sheets requested by OIG. As a result, all of the inquiries and requests
for information by the auditors were addressed with no significant findings.
KCG has been working with the County of Marin since 1998. In particular, KCG worked
with the County and City of Larkspur to manage the disaster recovery of the 2005/2006
storm disasters. The County had a total of 246 sites damaged as stated in the List of Projects
and the City of Larkspur had 25 sites which included seven major landslides. As a result of
KCG's efforts, a total of $10.5M was obligated for both applicants. The ratio of the actual
cost of the projects to the approved funding by both State OES and FEMA was close to
98%. Most of the projects were approved after filing first and /or second level appeals with
FEMA. The approval success rate for the appeals was around 98%.
KCG worked with CCSF OES from December 2000 to October 2005 on various sites
damaged by the 1996 State disaster and by the storms of Federally declared 1997 and 1998
disasters. KCG was able to obtain reimbursement exceeding ten million dollars from State
OES and FEMA. The additional funds secured by KCG were considered "dead money" that
the City had given up hope of receiving. KCG also coordinated the response and the
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KCG Proposal
City of San Rafael
March 20, 2017
activities with the final audit by the Office of Inspector General (OIG) of the approved
funds. OIG's auditors issued their final report with no findings.
In March 2000, the City of Millbrae experienced a massive and dangerous landslide on
private land that damaged a public sewer line, destroyed one home and threatened ten
others. KCG provided comprehensive disaster consulting services and helped the City
acquire $9 million dollars in public assistance funding from the State Governor's Office of
Emergency Services under the California Disaster Assistance Act (CDAA).
KCG assisted City of Paso Robles with the disaster cost recovery following the 2003 San
Simeon earthquake to manage the disaster grant and file the necessary appeals and request
for supplemental project worksheet to maximize the funds for the City.
KCG also filed the appeal for the City of Atascadero's City Hall requesting FEMA to pay
for the seismic upgrade and repairs in the amount of $35 million dollars. As a result of the
arguments presented in the appeal the City was ultimately able to get the approval and
restore the historic City Hall to its pre -disaster function in accordance with the applicable
codes and standards.
At the request of the City of San Rafael, KCG entered into a contract with the City to review
the City's existing policies and procedures of dealing with the State and Federal disasters
and provide recommendations to improve recovery. In October 2013, KCG submitted a
comprehensive report on the FEMA- CalOES Public Assistance Guide for the disaster cost
recovery process.
In the past five years, at the invitation of Cal OES's California Specialized Training Institute
(CSTI), Masoud Kermani has been teaching a course on State's California Disaster
Assistance Act (CDAA) and FEMA's Public Assistance programs to the local govenunent
representatives.
KCG was hired by the Napa County to file all the necessary appeals for the sites damaged
by the 2014 Napa earthquake that the funding was denied by FEMA.
Finally, KCG was recently selected by Sonoma County and City of Grass Valley to provide
FEMA-OES consulting services for the latest disasters declared by the State and FEMA in
2017.
A.3 Key Project Professionals
KCG will draw upon the collective experience of diverse professionals to provide
comprehensive consulting services to the City on an as -needed basis to complement the
City's staff and other consultants. All of the professionals selected to work on this project
have extensive experience in disaster cost recovery management.
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The following Key Project Professionals will be available to work on the City's projects, as
needed. The Curriculum Vitae and or resume will be provided upon request:
➢ Project Leader: Mr. Masoud Kermani, Professional Civil- Structural Engineer
> Project Manager: Ms. Thea Liskamm, Senior Consultant
➢ Project Specialist: Mr. Dwight Steeves, Auditor
Project Program Analyst: Mr. Andre Riazance, Engineer
i Project Fiscal Analyst: Ms. Cheryl Ridenour, CPA
A.4.1 hist of Major Clients
Client
Contact
Title
Phone #
City of Pacifica
Mr. Van Ocampo
DPW Director
650-738-3770
City of Daly City
Mr. Joseph Curran
City Manager's Office
650-991-8126
Marin County
Mr. Michael Frost
Deputy Director
415-473-3725
Marin County Open Space Dist.
Mr. Ron Miska
Assistant General Manager
415-473-6391
City of Paso Robles
Ms. Meg Williamson
Assistant City Manager
805-237-3888
Brisbane School District
Ms. Toni Presta
Superintendent
415- 467-0550
SF International Airport
Mr. Sam Mehta
Program Manager
650-821-7841
San Mateo County
Mr. Gil Tourel
Acting Principal Civil Engineer
650-599-1482
City of Brisbane
Mr. Randy Breault
DPW Director/City Engineer
415-508-2131
City of Larkspur Mr. Hamid Shamsapour Former DPW Director/City 415-722-8050
Engineer
California Specialized Training Mr. Michael Brady Senior Emergency 805- 431-3079
Institute (CSTI) Management Coordinator
Napa County Mr. Kerry Whitney Risk and Emergency 707-253-4821
Services Manager
Sonoma County Ms. Susan Klassen Public Works Director 707-565-3634
City of Grass Valley Mr. Tim Kiser Public Works Director 530-274-4351
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A.5 Hourly Rate of Services:
The following hourly fee schedule shall be charged to perform the consulting services plus
actual cost for other expenses including travel. A rate of $0.50 per mile shall be charged
when traveling using personal vehicle. It is expected that the hourly rate will also cover
typical expenses such as software cost, software maintenance, shipping and insurance. Other
expenditures, if needed, will be charged with prior approval from the City.
TITLE
RATE
Project Leader
$195
Project Manager
$150
Project Specialist
$130
'Project Program A4yst
$120
Project Fiscal Analyst
$110
A.6 Budget
It is difficult to estimate the budget for the full scope of work at this time. It is however
recommended that approximately $20K be budgeted to perform some of the initial tasks
listed in Section A.1.
A.7 Compensation
Consultant shall submit a statement of account, for the hourly professional sei vices and the
reimbursable expenses every two weeks. The payments shall be due within thirty (30) days
of its receipt.
7 1 P a g e
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: Public Works
Project Manager: Kevin McGowan
Extension: 3389
Contractor Name: Masoud Kermani dba Kermani Consulting Group
Contractor's Contact: Masoud Kermani
Contact's Email: masoud@kermaniconsulting.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 4/5/2017
4/5/2017 ® KM
b. Email contract (in Word) & attachments to City ® KM
Atty c/o Laraine.Gittens@cityofsanrafael.org
2 City Attorney a. Review, revise, and comment on draft agreement 4/5/2017 ® LAG
and return to Project Manager 4/5/2017 ® LAG
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
3 Project Manager Forward three (3) originals of final agreement to 4/6/2017 ® LAG
contractor for their signature
4 Project Manager When necessary, * contractor -sinned agreement ® N/A
agendized for Council approval
*PSA > $20,000; or Purchase > $35,000; or Or ® KM
Public Works Contract > $125,000
Date of Council approval Click here to
enter a date.
PRINT CONTINUE ROUTING PROCESS WITH HARD COPY
5 Project Manager Forward signed original agreements to City 4/13/17 ® SG
Attorney with printed copy of this routing form
6 City Attorney Review and approve hard copy of signed
agreement
7 City Attorney Review and approve insurance in PINS, and bonds
(for Public Works Contracts)
8 City Manager/ Mayor Agreement executed by Council authorized official 6/t
117
i
9 City Clerk Attest signatures, retains original agreement and
forwards copies to Project Manager �Z7 17 �/�