HomeMy WebLinkAboutPW 2017 Disaster Cost Recovery; Amendment 3THIRD AMENDMENT
TO THE AGREEMENT FOR PROFESSIONAL SERVICES
WITH MASOUD KERMANI, DOING BUSINESS AS KERMANI
CONSULTING GROUP, FOR 2017 DISASTER COST RECOVERY
AND GRANT MANAGEMENT ASSISTANCE
THIS THIRD AMENDMENT to Professional Services Agreement is made and entered
into as of the -2-1) 7�- day of /'ja/dn 2020, by and between the CITY OF SAN
RAFAEL (hereinafter "CITY"), and MASOUD KERMANI, doing business as KERMANI
CONSULTING GROUP (hereinafter "CONTRACTOR"),
RECITALS
WHEREAS, on April 30, 2017, the CITY and CONTRACTOR entered into that
certain "Agreement for Professional Services for 2017 Disaster Cost Recovery and Grant
Management Assistance" (the "Agreement"), pursuant to which CONTRACTOR has been
providing assistance to the CITY in applying for and obtaining emergency cost recovery related
to damages caused to CITY infrastructure during the storm season of 2016-2017; and
WHEREAS, on September 19, 2017, the CITY and CONTRACTOR entered into an
amendment to the Agreement to provide for additional consulting services from
CONTRACTOR and an increase in the total compensation under the Agreement from $20,000
to $95,000; and
WHEREAS, on June 24, 2019, the CITY and CONTRACTOR entered into a Second
Amendment to the Agreement to provide for additional consulting services from
CONTRACTOR and an increase in the total compensation under the Agreement from $95,000
to $140,000, and to extend the term to July 1, 2020; and
WHEREAS, the parties now desire to amend the Agreement again to extend it to provide
for additional consulting services from CONTRACTOR;
NOW, THEREFORE, the parties hereby agree as follows:
AMENDMENT TO AGREEMENT
1. Section 4 of the Agreement, entitled "COMPENSATION" is hereby amended to
include additional compensation to CONTRACTOR for continuing services after March 4,
2020, on the contingency basis described in Section A.3 of Exhibit A to Consultant's attached
March 4, 2020 letter proposal, which proposal and Exhibit are incorporated herein by reference.
2. Section 5 of the Agreement, entitled "TERM OF AGREEMENT" is hereby
amended to extend the termination date of the Agreement to December 31, 2022.
1
3. Except as otherwise amended herein, all of the other provisions, terms and
obligations of the Agreement between the parties, as amended on June 24, 2019, shall remain
valid and in force after this Second Amendment.
IN WITNESS WHEREOF, the parties have executed this Second Amendment on the
day, month, and year first above written.
CITY OF SAN RAFAEL MASOUD KERMANI, doing business as
KERMINI CONSULTING GROUP,
CONTRACTOR
s
By:
JI SC Z, City M ag r
ATTEST:
LINDSAY LARA, City Clerk
APPROVED AS TO FORM:
LQ kFC
ROBERT F. EPSTEII,6, City Atto4ney
2
4fl4fil", 1 KERMANI CONSULTING GROUP
DISASTER GRANTS • HAZARD MITIGATION • PROJECT MANAGEMENT
530 ALAMEDA DEL PRADO STE 132C
NOVATO CA 94949
March 4, 2020
Mr. Bill Guerin
Public Works Director
City of San Rafael
Re: Request for Contract Amendment
Disaster Cost Recovery and Grant Management
Dear Mr. Guerin:
(415) 883-3820
FAX (415) 883-3916
On March 20, 2017, Kerman Consulting Group (KCG) submitted a proposal to the City of
San Rafael (the City) and entered into an Agreement for Professional Services with the City
dated April 30, 2017 to assist with the disaster cost recovery from CalOES and FEMA for
the projects damaged by the FEMA 4301 disaster. This contract was subsequently amended
by the City to allocate more funding to continue with the consulting services. As a result of
our efforts, as of this date, a total of approximately $1.8M has been obligated for the City.
As a follow up to the February 13, 2020 conference call with you and Mr. Hunter Young, a
request for contract amendment was submitted to you on February 18, 2020 to set our
compensation based on the percentage of the future obligated funding by CaIOES and
FEMA. The proposal has been revised based on our email exchange and mutual agreement
on the terms of the compensation (Ref. Emails dated February 26, 2020 and March 2, 2020).
As a result, we are submitting this revised request to amend KCG's contract with the City in
accordance with the attached Exhibit "A" to continue our consulting services based on the
compensation terms outlined in Section A.3.
We appreciate the opportunity to submit the request to amend our contract to continue
working with you and the staff for a successful disaster cost recovery of all projects. Please
contact me if there are any questions.
Sincerely,
Kerman,
Enclosure: Exhibit "A"
KCG Request for Contract Amendment
City of San Rafael
March 4, 2020
EXHIBIT "A"
City of San Rafael
Contract Amendment
Disaster Cost Recovery and Grant Management
A.1 Scope of Services
KCG (the Consultant) will continue to provide consulting services to the City of San Rafael
(the City) to obtain the necessary approvals and obligation of additional funds form the State
of California Office of Emergency Services (CalOES) and Federal Emergency Management
Agency (FEMA) to reimburse the City for the expenditures related to the repair of the sites
damaged by the 2017 storms disaster.
KCG shall provide the necessary services using the key project professionals, listed in the
March 20, 2017 proposal, and other resources, as needed, to complete the tasks to secure the
funding for the City. Some examples of the tasks that will be provided to the City are listed
below:
1. Attend meetings and site visits with the City, CalOES and FEMA officials
2. Coordinate activities between the City, State, FEMA, other agencies and consultants
3. Prepare and update the Project Status Reports (PSR)
4. Review the Notice of Obligation and Payments
5. Direct and review the geotechnical reports prepared by the City's consultants
6. Review the procurement contracts
7. Advise on FEMA's policies, regulations, practice and procedures
8. Review and provide comments on the projects' scope of work and cost estimates
9. Assist with the preparation of the FEMA's Project Worksheets (PW)
10. Review and analyze the Project Worksheets ( PW) prepared for each project
11. Assist with the organization of project files for each damaged site
12. Prepare requests for Time Extension
13. Identify Improved and Alternate Projects
14. Prepare the appeal packages including cost, technical and regulations analysis
15. Assist with the project monitoring/ quarterly reports required by the State and FEMA
16. Prepare requests for PW Versions
17. Financial Analysis of the reimbursable funds/ checks received
18. Assist with the Final Inspection to close the disaster
19. Follow up with the State to receive the retentions
2 1 P a g e
KCG Request for Contract Amendment
City of San Rafael
March 4, 2020
A.2 Time Services Rendered
The Consultant shall provide the above scope of services in a timely manner such that the
City meets all FEMA and OES deadlines related to time extension requests, appeals, etc.
Services shall be rendered until the disasters are closed out and the retention is released.
A.3 Compensation
The following payment option is proposed to amend the contract to continue with the
consulting services to pursue "Potential Future Funding" for the projects listed in the City's
List of Projects (LOP) for the 4301 disaster until all appeals and alternate funding sources are
exhausted. It is noted that the contingency compensation listed below will apply to funding
obligated for the City after March 4, 2020.
"The City shall pay the Consultant ten percent (10%) of the total funding obligated by
CaIOES and FEMA for the first $15 OK. The rate will increase to fifteen percent (15%) for
the total funding obligated above S150K for all sites listed in the City's LOP. "
Furthermore, the Consultant has agreed to limit the hourly charges and expenses from
January 1, 2020 to March 4, 2020 to the remaining balance in the current contact. No other
request for payment or charges shall be submitted by the Consultant to the City except stated
above after the funds have been approved and obligated.
A.4 Payment
Consultant shall submit a statement of account and invoice based on the percentage of the
total amount obligated for the City included in each Notice of Obligation and Payments
from CalOES. The payments shall be due within thirty (30) days of its receipt.
Approved:
DPW Director: Mr. Bill Guerin
3 1 P a g e
it!
i 2
�iT r WITH P eA`y
CONTRACT ROUTING FORM
k)d -w "1'`J '
� CL
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and appro.—
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Public Works
Project Manager: Hunter Young Extension: 3408
Contractor Name: 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
Click here to
❑
enter a (1,11C.
b. Email contract (in Word) and attachments to City
(:"lick licre to
Attorney c/o Laraine.Gittens@cityofsanrafael.org
enter a elate.
❑
2
City Attorney
a. Review, revise, and comment on draft agreement
(.'lick here: to
and return to Project Manager
enter a (late.
❑
b. Confirm insurance requirements, create Job on
Click herc to
Department Director
PINS, send PINS insurance notice to contractor
enter a clue.
❑
3
Approval of final agreement form to send to
Click or tap
contractor
to enter a
Mate. 301U
4
Project Manager
Forward three (3) originals of final agreement to
Click here to
❑
contractor for their signature
enter a date.
5
Project Manager
When necessary, contractor -signed agreement
❑ 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
Click here to
Date of City Council approval
enter a elate.
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
6
Project Manager
Forward signed original agreements to City
Attorney with printed copy of this routing form
7
City Attorney
Review and approve hard copy of signed
agreement
8
City Attorney
Review and approve insurance in PINS, and bonds
21 31 221-2D
D 8
Ka -
(for Public Works Contracts)
A
9
City Manager/ Mayor
Agreement executed by City Council authorized
U
�!�_�,`��
official
10
City Clerk
Attest signatures, retains original agreement and
forwards copies to Project Manager 0dT1x;,4V,7-b
ow4rl L