san rafael city council - monday, may 19,...

SAN RAFAEL CITY COUNCIL - MONDAY, MAY 19, 2014

SPECIAL MEETING

CITY MANAGER'S CONFERENCE ROOM 201, CITY HALL 5:00 PM

SPECIAL MEETING· AGENDA:

a. Interviews of Applicants and Consideration of Appointments to Fill Two Four-Year Terms on the San Rafael Planning Commission, due to Expiration of Terms of Viktoriya Wise and Larry Paul- Terms to Expire End of June 2018 (CC)

See enclosed material

ADJOURNMENT

REGULAR MEETING

COUNCIL CHAMBERS, CITY HALL 1400 FIFTH AVENUE, SAN RAFAEL, CALIFORNIA

7:00 PM

AGENDA

Members of the public may speak on agenda items

OPEN SESSION - COUNCIL CHAMBERS· 6:00 PM

1. Mayor Phillips to announce Closed Session item

CLOSED SESSION - THIRD FLOOR CONFERENCE ROOM - 6:00 PM

2. Closed Session:

a. Conference with Labor Negotiators- Government Code Section 54957.6(a) Lead Negotiator: Jack Hughes Liebert Cassidy and Whitmore Negotiating Team: Nancy Mackie, Jim Schutz, Deirdre Dolan, Mark Moses, Robert Epstein Lisa Goldfien

Employee Organization(s): San Rafael Fire Chief Officers' Assn. San Rafael Firefighters' Assn. San Rafael Police Mid-Management Assn. San Rafael Police Association Unrepresented Management Unrepresented Mid-Management Elected City Clerk and Elected Part-Time City Attorney

Western Council of Engineers Local 1 - Confidential

ORAL COMMUNICATIONS OF AN URGENT NATURE - 7:00 PM

This portion of the meeting is reserved for persons desiring to address the City Council on urgent matters not on the agenda. Presentations are generally limited to TWO MINUTES. All matters requiring a response will be referred to staff for reply in writing and/or placed on a future meeting agenda. Please contact the City Clerk before meeting.

SPECIAL PRESENTATIONS:

3. Special Presentations:

a. Introduction of Keene Simonds, LAFCO

b. POST (Peace Officer Standards and Training) Presentation

CONSENT CALENDAR:

ALL MATTERS ON THE CONSENT CALENDAR ARE TO BE APPROVED BY ONE MOTION, UNLESS SEPARATE ACTION IS REQUIRED ON A PARTICULAR ITEM.

4. Consent Calendar Items:

a. Approval of Minutes of City Council/Successor Agency meeting of April 21,2014 (CC) Recommended Action - Approve as submitted

b. Resolution Authorizing the City Manager to Execute an Agreement for Professional Services with CSG Consultants, Inc. for Building Permit Plan Check, Building Inspection and Building Technician Services on an as Needed Basis (CD) Recommended Action - Adopt Resolution

c. Second Reading and Final Adoption of Ordinance No. 1921 - (Fin) ORDINANCE CONTINUING THE PARAMEDIC TAX RATES, COMMENCING WITH FISCAL YEAR 2014-2015, AT THE RATES ESTABLISHED IN ORDINANCE NO. 1911 FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES IN THE CITY OF SAN RAFAEL, COUNTY SERVICE AREA NO. 13, AND COUNTY SERVICE AREA NO. 19. ($89.00 FOR RESIDENTIAL AND $0.12 PER SQUARE FOOT FOR NON-RESIDENTIAL PROPERTIES), AND FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES IN THE MARINWOOD COMMUNITY SERVICES DISTRICT ($85.00 FOR RESIDENTIAL AND $0.11 PER SQUARE FOOT FOR NON-RESIDENTIAL PROPERTIES) Recommended Action - Approve final adoption of Ordinance No. 1921

d. Accept Completion of the Point San Pedro Median Landscaping Improvements Re-Bid Project, No. 11163, and Authorize the City Clerk to File the Notice of Completion (PW) Recommended Action - Approve Staff Recommendation

e. Resolution Accepting a Proposal from Martin/Martin, Inc. for Professional Services for the Parking Structure/Garage Replacement and Upgrade Study and Authorizing the Public Works Director to Enter Into a Professional Services Agreement with Martin/Martin, Inc. in the Amount of $ 99,500.00 (PW) Recommended Action - Adopt Resolution

f. Memorandum of Understanding Between the City of San Rafael and the San Rafael Sanitation District Allowing a Combined Project to Design and Construct the H Street Roadway Improvement Project (PW) Recommended Action - Adopt Resolution

OTHER AGENDA ITEMS:

5. Other Agenda Items:

a. Resolution Approving Use of a Competitive Negotiation Process for the Purchase of a Pay by Phone System for Parking Meters and Related Parking Revenue Control Systems (MS) Recommended Action - Adopt Resolution

CITY MANAGER'S REPORT:

6. City Manager's Report

COUNCILMEMBER REPORTS I REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on Meetings and Conferences Attended at City Expense)

7. Councilmember Reports

SAN RAFAEL SUCCESSOR AGENCY:

8. Successor Agency - Consent Calendar

a. None

ADJOURNMENT

Any records relating to an agenda item, received by a majority or more of the Council less than 72 hours before the meeting, shall be available for inspection in the City Clerk's Office, Room 209, 1400 Fifth Avenue, and placed with other agendarelated materials on the table in front of the Council Chamber prior to the meeting. Sign Language interpreters and assistive listening devices may be requested by calling (415) 485-3198 (TOO) or (415) 485-3064 (voice) at least 72 hours in advance. Copies of documents are available in accessible formats upon request. Public transportation is available through Golden Gate Transit, Line 22 or 23. Para transit is available by calling Whist/estop Wheels at (415) 454-0964. To allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested to refrain from wearing scented products.

Special Meeting Agenda Item No: 1

Meeting Date: May 19,2014

SAN RAFAEL CITY COUNCIL AGENDA REPORT

Department: City Clerk

Prepared by: Esther C. Beirne City Manager Approv~J)1 f'il4t~

File # 9-2-6

SUBJECT: INTERVIEWS OF APPLICANTS AND CONSIDERATION OF APPOINTMENTS TO FILL TWO, FOUR-YEAR TERMS ON THE SAN RAFAEL PLANNING COMMISSION, DUE TO EXPIRATION OF TERMS OF VIKTORIYA WISE AND LARRY PAULTERMS TO EXPIRE END OF JUNE 2018 (CC)

RECOMMENDATION:

a) It is recommended that the City Council interview the following applicants to fill two, four-year terms on the Planning Commission, to expire the end of June, 2018:

Serge V. Federov

Larry A. Paul

Samantha Sargent

Viktoriya Wise

SUMMARY BACKGROUND:

Time of Interview

5:00 p.m.

5:10p.m.

5:20 p.m.

5:30 p.m.

b) At the meeting of April 7, 2014, the City Council called for applications to fill two, four-year terms on the Planning Commission, to expire the end of June, 2018, due to the expiration of terms of Viktoriya Wise and Larry Paul. Four applications were received in the City Clerk's Office by the deadline of April 29, 2014.

Attachments: 4 applications

FOR CITY CLERK ONLY

File No.: ___________ _

Council Meeting: ________ _

Disposition: __________ _

CITY OF SAN RAFAEL

APPLICATION TO SERVE AS MEMBER OF THE

PLANNING COMMISSION (Limited to Three Consecutive Four-Year Terms) firne

NAME:

(:ity Clc\d<,'s OHice Cit.y ot ::)~.:;n 1=<.C1ianl

HOME ADDRESS:

CITYI STATE IZIP CODE: ~AtJ ;RA-fl'\~L LbA. q<fCfo J

RESIDENT OF THE CITY OF SAN RAFAEL FOR -:--_2--:--"+7 _____ YEARS

PRESENT OCCUPATION: z4'V'uk '±~cf , NAME OF BUSINESS: ____ '---____________________ _

BUSINESS ADDRESS: _____ -__________ ---::--________ _

PARTICIPATION IN THE FOLLOWING CIVIC AND COMMUNITY ACTIVITIES I ORGANIZATIONS:

~t:::I6l1/ 6f ~S:(i W 6 f M ~~~t

Filing Deadline: Date: Tuesday, April 29. 2014 Time: 5:00 p.m.

Mail or deliver to: City of San Rafael, Dept. of City Clerk City Hall, 1400 Fifth Avenue, Room 208 P.O. Box 151560 San Rafael. CA 94915

*This information will be kept confidential, to the extellt permitted by law,

2/V-

Serge V. Fedorov 25 Brentwood Drive

San Rafael California

Position Seeking: Design & Construction Management Forensic Architect/Litigation Support

Professional Experience

City of San Rafael, Design Review Board Member

Hilliard Architects, Inc. San Francisco, CA

2011 to Present

Oct. 2005 to Nov. 2008

Senior Architect Architect on housing, education and medical facilities. Responsibilities focused on specifications, cost estimating, plan checking and quality control. Laid off due to lack of work.

Oakland Housing Authority, Oakland, CA (Facilities Management Dept.) Feb. 1995 to Jan. 2004

Construction Project Manager Administration, planning and inspection of residential design and construction.projects (up to 400 units). Supervise construction inspectors. Monitor the process focusing on contract compliance, scheduling, budgets, Davis Bacon labor/specification requirements, quality control, insurance requirements and claim prevention.

Fedorov'& Associate$, Inc., San Rafael, CA Nov. 1988 to Jan.1995

Principal Architect Lead' Architect, coordinating other professionals, on forensic investigations of waterproofing, structural and fire safety problems. Reports, cost of repairs estimates and testimony on major condominium litigation projects. Construction administration of waterproofing and structural repair projects.

Pelican Cove, Redwood City (136 units, SSM). Lead ArchitectlExpert Witness for Homeowners Association

Spring Valley, San Carlos (48 units, $2M). LE~ad ArchitectlExpert Witness for Homeowners Association

Harbortown, San Mateo, (320 units, $1.4M). Construction Management/Inspections

Park Hill, San Francisco, (136 units). Project ManagerlExpert Witness for Developer

Lighthouse Cove, San Mateo, (130 units). Consulting litigation architect on 6 issues for the plaintiff.

Residence, ($1 M) San Francisco. Consulant for the owner in construction litigation.

The Aspen Group, Inc., San Francisco, CA Mar. 1984 to Oct. 1988

Vice President of Design and Construction (Owner's Representative). Administered major residential, condominium and rental rehabilitation projects in the Bay Area (60-154 units). Duties included feasibility studies, selection of design teams, overseeing design/construction documents, preparation of bid documents, evaluation of bids, budgets, estimates, construction management, change orders, agencies/bank walk-thrus, final acceptance of projects and interfacing with government agencies, such as HUD, CHFA, and redevelopment agencies.

1

The Aspen Group, Inc., San Francisco, CA (Continued)

Park Hill Condominiums (136 Units) - San Francisco, California Project involved full interior demolition and complete rehabilitation of three steel/concrete structures, within guidelines of National Park Service Register for Historic Sites ($14M+ construction). My involvement in the construction project included demolition (with asbestos abatement), metal studs and drywall work, ($3M) which was contracted to an in-house construction company, with me as the responsible managing officer (RMO).

Aspen South Hills Apartments (82 Units) - San Francisco, California Project involved rehabilitation and redesign of ten wood-framed structures, HUD financing ($3M+ construction). My duties involved construction administration, inspection and redesign of kitchens and heating system.

Aspen Vintage Tower (59 Units) - San Jose, California The project converted a 12-story steel!concrete office building to apartments. All design and rehabilitation done under guidelines of National Park Service Register for Historic Sites ($4M+ construction). I was the Owner's Representative from feasibility studies (preliminary design produced in-house) to completion of the construction.

Feasibilitv Studies and production of estimates and proposals

Employment - Prior to 1984

Bechtel Petroleum, Inc., San Francisco, CA Creative Architecture, Inc., San Francisco, CA City of Fremont, Fremont, CA - Planning Department. Sam Chang & Associates, Honolulu, HI Victor Gruen Associates, New York, NY Percival Goodman, FAIA, New York, NY Southern Pacific Railroad, San Francisco, CA

Education

University Of California, Berkeley, California, Bachelor of Architecture University Of California Extension, San Francisco, California, Planning & Business Courses

Auto CAD - Completed eight-week course Lead Abatement - Certified Monitor and Inspector

Professional Organizations

American Society of Testing & Materials - Chair of ASTM Task Group E06.55.04 (E2266-04) 1996 - 2004 Waterproofing Frame Buildings Standard

American Institute of Architects, - S.F. Chapter - Chairperson, Waterproofing Task Force (1992 - 2004) Co-instructor in (6) nine-hour AlA seminars on Wes Page's Waterproofing Frame Buildings. Course website: www.wpfbc.com

Western Construction Consultants Association - Chairperson of Code Committee (1992 - 2000) Board Member (1997 - 1999)

Professional Licenses

Architectural Registration, California C-6153, Hawaii 3448 General Contractor's License, California B-458147

Military Service - Honorable Discharge 2

NAME:

HOME ADDRESS:

CITY / STATE / ZIP CODE:

CITY OF SAN RAFAEL


PLANNING COMMISSION (Limited to Three Consecutive Four-Year Terms)

______ rz_'1#-='---- YEARS

PRESEmOCCUPMION:~~~~~~~~~~~~~~~~~~~~~~~~~

NAME OF B USI NESS' '_ ~---'~L-"""7I"~-t----O..-:;;:i-r __ =-~~-=--::::::-r-~--:::---~~?I"""')-/-"----t---

BUSINESS ADDRESS: {;/\ f

'HOME & BUSINESS PHONE'

.E-MAIL ADDRESS,' __ _

EDUCATION"_~~_---I~~~'--:::;;-f-L++-=-+.,--A==--':"-..L:...!'--~-I---"="':"_+--~~~~ ___ _

DATE:

FIling Deadline: Date: Tuesday, April 29, 2014 Time: 5:00 p,m,

City of San Rafael, Dept. of City Clerk Ci all, 1400 Fifth Avenue, Room 209 P ,Box 151560 San Rafael, CA 94915

'This information will be kept confidential, to the extent permitted by law,

CITY OF SAN RAFAEL


. PLANNING COMMISSION (Limited to Three Consecutive Four-Year Terms)

NAME:

HOME ADDRESS:

CITY I STATE I ZIP CODE:

RESIDENT OF THE CITY OF SAN RAFAEL FOR 2- \ YEARS

PRESENT OCCUPATION: ~h~ (6V\r\r~e~L. _c::"~ ~ \:-v\o"\pl~~Q NAME OF BUSINESS: ~ S'"\(\.Jl..f.1 <2\2\ \ ~$ BUSINESSADDRESS:~L~~~o~~~~~~~~~~-~~~~~~~~~~~~~~-~~~~~~~~O~\~~~~ *HOME & BUSINESS

*E-MAIL AD DR

PARTICIPATION IN THE FOLLOWING CIVIC AND COMMUNITY ACTIVITIES I ORGANIZATIONS:

MY REASONS FOR WANTING TO SERVE ARE: ___________________ _

DATE:

Filing Deadline: Date: Tuesday, April 29, 2014 Time: 5:00 p.m.

~~l1'-(La c.l

SIGNATURE:

Mail or deliver to: City of San Rafael, Dept. of City Clerk City Hall, 1400 Fifth Avenue, Room 209 P.O. Box 151560 San Rafael, CA 94915

'This information will be kept confidential. to the extent permitted by law.

Samantha Sargent Application for San Rafael Planning Commission

Participation in Community and Civic Activities and Organizations: Since moving back to San Rafael in 2005, I have either served on the board of, or participated in hosting events for my neighborhood association, the GPNA. This

includes donning the Easter Bunny costume for the last two years. I also continue to

serve as their public safety liaison.

Until the dissolution of the San Rafael Community Coalition, I served as the Chairfor

two years, helping the SRPD evaluate and plan for issues in our community around alcohol.

I have been seNing on the Marin County Mental health board for the last 2+ years,

stepping into the position of Chair. In my time seNing on this board I have advocated for expanded services to the community, such as the CARE Team 2, funding for the the mental health position in the SRPD, more beds at the detox centers and legislative

changes, such as Laura's Law.

I have also had the honor of serving on our city's measure "s" commission, where I

gained valuable understanding of the budgetary workings of our city.

My Reasons for Wanting to Serve: One of the first things that I did upon moving back to San Rafael was draw up plans to

renovate our home builtin the 1900s. This was my first exposure to Planning and I loved it. I read all of their handouts and a lot of the municipal code. I was a student in the first ever Planning Academy and proceeded to get my General Contractors license and I now work on homes and businesses throughout the county.

I have come to understand how Planning shapes the way our city looks, the way we live in our homes, and the way we progress as a city. Our city has a lot of very pivotal

decisions coming up and I want to be part of helping to define the future of our city.

I chose San Rafael as my home because of the small town feel, the vibrant downtown

and the outstanding community that we all participate in building. I want to serve on the

planning commission so that I can help define the future of our city without sacrificing our past and I feel that my passion combined with my professional experience would allow

me to serve our city well.

Samantha Sargent San Rafael, CA 94901

EXPERIENCE

415-300-7898 [email protected]

Peer Leadership: Able to organize and motivate a group of peers for a common purpose. Experience in organizing engineers for participation in standards setting and organizing neighbors for local advocacy.

Public Speaking: Adept at preparing speeches and presenting them to an audience. Skilled at talking to smaller groups on an impromptu basis. Interviewed on public TV and in front of large groups.

Writing and Editing: Extensive experience as a copywriter, editor, marketing manager, campaign manager, and in civic volunteer work. Composed numerous newsletter articles, press releases, web site content, business plans, project plans, job descriptions, budgets, and annual plans.

Project Management: Organized and skilled at scheduling work and working a schedule, while remaining flexible and able to re-prioritize or re-organize on a moment's notice.

ACHIEVEMENTS

• Led the definition and launch of a software product for a $10 million start-up company. • Established and led a software marketing department for a $100 million VC-backed company. • Repositioned a software product line and tripled its value.

EMPLOYMENT HISTORY

General Contractor and Business Owner

B Street Builders, San Rafael, CA

10/2009 - present

• Own, operate, and am the principal builder of a general contracting business specializing in kitchen and bathroom remodeling.

Independant Contract Project Manager, Los Angeles, CA 212002 - 8/2009 • Managed and launched multiple software and website development projects valued between

$250,000 to $2million.

Product Manager, Ipedo, Inc., Redwood City, CA 212001 - 9/2001 • Spearheaded the creation of the marketing and product management departments. Coordinated

production and launch of the first product release of a software product

Marketing Manager, Franz Inc, Alameda CA 01/1997 - 07/2000

EDUCATION Sonoma State University B.A., Economics City of San Rafael Planning Academy

CERTIFICATIONS California Licensed General Contractor RRP

CITY OF SAN RAFAEL


PLANNING COMMISSION (Limited to Three Consecutive Four-YearTerms)

NAME: a ,!IY {,'

HOME ADDRESS: '," 'I'l r',f ;--, ~~'i! F",',d d::'\!

MY REASONS FOR WANTING TO SERVE ARE: Commission to ensure that our City evolves consisten---~- ~ -~ ... ~ .. ~ ..... LIIO'

· projects from small to large are developed in a way that add quality and benefits to our community. I love our City and am invested in its long term health (financial, environmental and social) by making informed and well

· thought out land use decisions that have lasting effects. Additionally, I very much enjoy and value the public · process that occurs during project entitlement. As the only certified planner with a subject matter expertise in

transportation and the California Environmental Quality Act, I believe I bring a unique and important perspective · to this body and as such, would be honored to continue my service. Thank you for your consideration.

DATE: ~fn'1 k~ 11;,. 'tOW SIGNATURE: I). UJiL Filing Deadline:

Date: Tuesday, April 29, 2014 Time: 5:00 p.m.

Mail or deliver to: City of San Rafael, Dept. of City Clerk City Hall, 1400 Fifth Avenue, Room 209 P.O. Box 151560 San Rafael, CA 94915

'This information will be kept confidential, to the extent permitted by law.

IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, Monday, April 21, 2014

Regular Meeting San Rafael City Council

Present: Mayor Phillips Vice-Mayor Connolly Council member Bushey Councilmember Colin Councilmember McCullough

City Manager Nancy Mackie City Attorney Robert Epstein City Clerk Esther Beirne

OPEN SESSION - COUNCIL CHAMBERS- 6:00 PM

1. Mayor Phillips announced Closed Session item

CLOSED SESSION - THIRD FLOOR CONFERENCE ROOM - 6:00 PM

2. Closed Session:

a. Conference with Labor Negotiators- Government Code Section 54957.6(a) Lead Negotiator: Jack Hughes Liebert Cassidy and Whitmore Negotiating Team: Nancy Mackie, Jim Schutz, Deirdre Dolan, Mark Moses, Robert Epstein Lisa Goldfien Em ployee Organ ization( s): San Rafael Fire Chief Officers' Assn. Western Council of Engineers San Rafael Firefighters' Assn. Local 1 - Confidential San Rafael Police Mid-Management Assn. San Rafael Police Association Unrepresented Management Unrepresented Mid-Management Elected City Clerk and Elected Part-Time City Attorney

Robert Epstein, City Attorney, announced that no reportable action was taken.

ORAL COMMUNICATIONS OF AN URGENT NATURE - 7:00 PM

Barbara Waite addressed Autism Awareness Month - April, 2014

Janet Lawson spoke in support of Autism Month

Mayor Phillips

1

Walter Cox addressed the issue of Ritter Center and homelessness.

Mayor Phillips

Councilmember Colin

Jane Levinson addressed the City Council regarding "cars for sale" on Bellam Boulevard which affects restaurants and traffic in the area.

CONSENT CALENDAR:

3. Consent Calendar Items:

Council member Connolly moved and Councilmember Colin seconded to approve the following Consent Calendar Items:

a. Approval of Minutes of City Council! Successor Agency meetings of March 17 and April 7, 2014 (CC)

Minutes 3/17/2014

Minutes 4/712014

Minutes approved as submitted.

b. Report on Annual Filings 2013 - Fair Political Practices Commission Form 700, Statement of Economic Interests for Designated Employees, Including Consultants, Design Review Board and Park and Recreation Commission (CC) File - 9-4-3

FPPC Annual 2013

Accepted report.

c. Resolution Authorizing the Mayor to Execute an Agreement Between the City and Valentine and Catherine Morozoff Regarding Future Annexation of Property Located at 249 Seaview Avenue (APN 014-042-20) in Unincorporated Country Club to the City of San Rafael; P14-006 (CD) File 5-2-118

Future Annexation of 249 Seaview

RESOLUTION NO. 13711- RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND VALENTINE AND CATHERINE MOROZOFF REGARDING FUTURE ANNEXATION OF REAL PROPERTYAT 249 SEAVIEW AVENUE, APN 014-042-20, TO THE CITY OF SAN RAFAEL

d. Resolution to Waive Formal Bidding Procedures and to Authorize the City Manager to Complete the Purchase of Computer Network Storage Equipment from MarinlT, Inc. at a Cost Not to Exceed $270,000 (MS) - File 4-3-486

Network Storage Sole-Source

2

RESOLUTION NO. 13712- RESOLUTION TO WAIVE FORMAL BIDDING PROCEDURES AND TO AUTHORIZE THE CITY MANAGER TO COMPLETE THE PURCHASE OF COMPUTER NETWORK STORAGE EQUIPMENT FROM MARINIT, INC. AT A COST NOT TO EXCEED $270,000

e. Resolution Authorizing the City Manager to Execute the 8th Amendment to the March 28, 2006 Cooperation Agreement Between the County of Marin and City of San Rafael to Secure $124,998.79 in Federal Community Development Block Grant (CDBG) Funds for ADA Improvements to Public Facilities within the City of San Rafael (PW) -File 4-13-38 x 147

CDBG -ADA

RESOLUTION NO. 13713 - RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE 8TH AMENDMENT TO THE MARCH 28, 2006 COOPERATION AGREEMENT BETWEEN THE COUNTY OF MARIN AND CITY OF SAN RAFAEL TO SECURE $124,998.79 IN FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR ADA IMPROVEMENTS TO PUBLIC FACILITIES WITHIN THE CITY OF SAN RAFAEL

AYES: NOES: ABSTAIN::

Councilmembers: Bushey, Colin, Connolly, McCullough and Mayor Phillips None Councilmember McCullough from item 4.a. only, due to absence from meeting of April 7, 2014.

OTHER AGENDA ITEMS:

4. Other Agenda Items:

a. Resolution Endorsing a Countywide Levy of a Parcel Tax to Finance a New Marin Emergency Radio Authority Public Safety Communications System (Fin) - File 4-13-102

MERA Proposed Parcel Tax

Nancy Mackie, City Manager

Christopher Gray, Fire Chief

Dave Jeffries, MERA Special Projects

Chief Gray / Dave Jeffries

Chief Gray

Council member Connolly / Dave Jeffries

Councilmember Bushey / Dave Jeffries

Council member McCullough / Dave Jeffries

Councilmember Colin / Dave Jeffries

Mayor Phillips / Dave Jeffries

Council member McCullough

3

Mayor Phillips

Councilmember McCullough

Councilmember Connolly

Chief of Police Diana Bishop

Fire Chief Christopher Gray

Nancy Mackie

Dave Jeffries

Councilmember Connolly moved and Councilmember Colin seconded to adopt the Resolution

RESOLUTION NO. 13714- RESOLUTION ENDORSING A COUNTYWIDE LEVY OF A PARCEL TAX TO FINANCE A NEW MARIN EMERGENCY RADIO AUTHORITY PUBLIC SAFETY COMMUNICATIONS SYSTEM

AYES: NOES: ABSENT:

Mayor Phillips

Councilmembers: Bushey, Colin, Connolly & Mayor Phillips Council member McCullough None

CITY MANAGER'S REPORT:

5. City Manager's Report - None

COUNCILMEMBER REPORTS I REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on Meetings and Conferences Attended at City Expense)

6. Councilmember Reports

Council member Colin reported on her attendance at both the GREAT (Generating Resident Engagement and Transparency) Subcommittee and the Marin Transit meeting.

Councilmember Bushey reported on her attendance at the annual meeting of ABAG (Association of Bay Area Governments).

Councilmember McCullough reported on his attendance at the Marin Telecommunications Agency meeting, noting CMCM (Community Media Center of Marin) had agreed to San Rafael's proposal to project out its operating and capital expenses through the bridge period and reduce its reserves to a 6-month level.

Mayor Phillips reported on the TAM (Transportation Authority of Marin) Executive Board meeting and SMART quiet zones. He noted that on leaving a station, trains must blow their horns. Mayor Phillips expressed pleasure at the recent Marin Independent Journal's Editorial on San Rafael Library security.

4

SAN RAFAEL SUCCESSOR AGENCY

7. Successor Agency - Consent Calendar

a. None

ADJOURNMENT 8:11 PM

ESTHER C. BEIRNE, City Clerk

APPROVED THIS __ DAY __ OF ,2014

GARY 0. PHILLIPS, Mayor

5

Agenda Item No: __ 4,_b __ _



Department: Community Development Department

~C?tUd(j" City Manager Approv~ ~

,

Prepared by: Paul A, Jens~n, Director (fA)

SUBJECT: Resolution authorizing the City Manager to execute a Professional Services Agreement with CSG Consultants, Inc. for building inspection, plan check and building technician services on an as needed basis

RECOMMENDATION: Adopt Resolution

BACKGROUND: The Building Division of the Community Development Department provides services in building permit processing, plan checking and building inspection. Most of the department services are provided by fulltime and part time City employees, but the plan check needs for larger projects are provided through contractual services with the EsGil Corporation (EsGil). As the Building Division does not have a budgeted, full-time plan checker position, plan checking for the more routine, smaller projects is completed in-house, by the Chief Building Official and a part time plan checker.

EsGil has provided a good and efficient service to the City but there is a desire to hire a second building consultant service for several reasons. First, our customers have often suggested (and requested) a local alternative to using EsGil (San Diego-based). Second, a locally-based consultant can be available to provide short-term back-up to the Building Division when there are employee vacancies and during times of extremely busy construction activity. As one of the guiding principles of the Building Division is to provide efficient plan check review and a commitment for timely processing, hiring a local building consultant service will provide assistance when needed.

The Chief Building Official solicited a request for proposal (RFP) for services from five, Bay Area-based building consultant service companies. The requested scope focused on plan checking, building inspection and building technician services. Three proposals for service were received and CSG Consultants, Inc. was selected. An Agreement for Professional Services has been drafted and is provided in Attachment 1 of this report. The scope of services and fee charges (fess schedule) are presented in Exhibits A and B of Attachment 1. As the agreement with CSG is structured to provide services to the City on an "as-needed" basis, an annual not-to-exceed compensation is set at $50,000 and three-year term is proposed.

FOR CITY CLERK ONLY

File No.: ____________ _

Council Meeting: _________ _

Disposition: ___________ _

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2

ANALYSIS: CSG Consultants, Inc. was selected for several reasons:

1. The billing rates offered by CSG are substantially-lower than the other two firms. The proposed billing rates coincide with our current building permit fee structure so that the service would be cost-neutral. .

2. CSG is a well-established building services consulting firm and has a good reputation. CSG has successfully provided contractual services for similar-sized Bay Are cities for many years. Further, CSG is currently under contract with the City for code enforcement services (massage ordinance enforcement) and the City has been satisfied with their services.

3. CSG offers some specialized skills, which would be advantageous to the City in reviewing projects that are unique in design and use. If hired, CSG will be assigned to provide plan checking services for the BioMarin development at the San Rafael Corporate Center (SRCC). BioMarin proposes a specially-designed laboratory use for the last office building on the SRCC campus. CSG has a lot of experience in laboratory building design.

FISCAL IMPACT: Sufficient revenues (building permit revenues) have been appropriated in the City's fiscal year 2013-2014 General Fund to support this contract. The cost for CSG Consultant services will be covered by plan check review and inspection fees that are charged to City customers ("pass-through" fee). For short-term back-up services needed during employee vacancies, service charges will be covered through salary savings. Therefore, the contractual services will not result in a fiscal impact to the City.

OPTIONS: The City Council has the following options to consider on this matter:

1. Authorize the City Manager to execute Professional Services Agreement 2. Delay the execution of the Professional Services Agreement and provide direction to staff 3. Deny the execution of the Professional Services Agreement and direct staff to obtain additional

proposals for services from consultants

ACTION REQUIRED: Adopt Resolution

ATTACHMENTS Exhibit 1: Resolution witli Professional Services Agreement with:

Attachment 1- Professional Services Agreement Exhibit A- Scope of Services Exhibit B- Fee Schedule Exhibit C- Certificate of Insurance

bldgservices.CC rpt- CSG 5 19 14

EXHIBIT 1

RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH

CSG CONSULTANTS, INC. FOR BUILDING P~RMIT PLAN CHECK, BUILDING INSPECTION AND BUILDING TECHNICIAN SERVICES ON AN AS-NEEDED BASIS

(Term of Agreement: from June 1,2014, to June 1,2017 for an amount not-to-exceed $50,000 per year)

WHEREAS, the City of San Rafael Community Development Department, Building Division provides services in building pelmit processing, plan checking, and building inspection. Most of the department services are provided by City employees, but the larger plan checldng needs are provided through contractual services with the EsGil Corporation; and

WHEREAS, it is the City's desire to hire a second building consultant service, which will: a) provide the City's customers with an altemative to the contractual plan checldng services currently provided by the EsGil Corporation; and b) provide as needed services for the Building Division on special projects or when staffing is low; and

WHEREAS, the Building Division solicited a request for proposal from five Bay Area-based building service consulting films, and ultimately received and reviewed three proposals for service; and

WHEREAS, following a review of consultant proposals for service, CSG Consultants, hlC. was selected based on its local and broad experience, the offered billing rates, and some of their specialized skills that may be advantageous in reviewing projects that are unique in design and use; and .

WHEREAS, CSG Consultants, Inc. has prepared a scope of services and fee schedule for services on an as needed basis, which are provided in Exhibit "A" and Exhibit "B," respectively, of Attachment 1. The scope of work covers as-needed services for plan check review, building inspection and building technician services; and

WHEREAS, the CSG Consultant, Inc. proposal for services includes an annual not-to-exceed budget of$50,000 and a term of three years; and

WHEREAS, the cost for CSG Consultant, Inc. services will be covered by plan review and inspection fees that are currently charged to City customers ("pass-through" fee), so there would be no fiscal impact to the Community Development Depaliment budget or the City's General Fund.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael does hereby authorize the City Manager to execute, on behalf of the City of San Rafael, an Agreement for Professional Services with CSG Consultants, Inc., in a form approved by the City Attomey.

I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby celiify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 19th day of May, by the following vote, to wit:

1

EXHIBIT 1

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:


Attachment 1: Professional Services Agreement with CSG Consultants, Inc. with Exhibit AScope of Services, Exhibit B- Fee Schedule, and Exhibit C- Certificate of Insurance

2

ATTACHMENT 1

AGREEMENT FOR PROFESSIONAL SERVICES WITH CSG CONSULTANTS, INC.

TO PROVIDE PROFESSIONAL PLAN REVIEW SERVICES; BUILDING INSPECTION SERVICES; AND PERMIT TECHNICIAN SERVICES, ON AN AS-NEEDED BASIS

This Agreement is made and entered into this __ day of May, 2014, (term Agreement of: ~ years) by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and CSG CONSULTANTS INC. (hereinafter "CONTRACTOR").

RECITALS

WHEREAS, the CITY desires to employ the services of the CONTRACTOR to provide: a) plan review services involving ministerial code review for proposed building construction plans to augment staff capabilities; b) building inspection services; and c) pennit technician services, on an as-needed basis.

WHEREAS, the CITY wishes to contract with a firm staffed by highly credentialed engineers and celtified plan checkers with many years of regulatory plan review experience, and

WHE~AS, the CITY desires to contract with a firm presently and successfully providing plan review services to govermnent agencies. The CONTRACTOR is a Bay Area based fiml that provides similar contractual services for other govemmental agencies in the region.

AGREEMENT

NOW, THEREFORE, the patties hereby agree as follows:

l. PROJECT COORDINATION.

A. CITY'S Project Manager. The 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. 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. Doug Rider is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution.

2. DUTIES OF CONTRACTOR.

CONTRACTOR shall perfOlm the duties and/or provide services as follows:

Provide professional services for the review of proposed building plans for conformance to regulations contained in the state mandated building, energy, plumbing, mechanical and electrical codes, as those codes are adopted by the CITY, including the following:

Rev. Date: 1/30/14

ATTACHMENT 1

A. Anange pick up and/or pay the cost of shipping one set of plans and documents to the CONTRACTOR's office and shipment back to City offices of the final approved plans and documents;

B. Perform traditional preliminary plan review consultations in CONTRACTOR's main office by meetings or by telephone;

C. Perf 01111 traditional initial plan review of submitted plans to determine compliance with CITY adopted Califomia Building Code, Residential Code, Plumbing Code, Mechanical Code, Electrical Code, California energy code requirements, CalGreen, and SRMC Title 12;

D. Provide the CITY with a typed list of items needing clarification or change to achieve conf0l111ance with the above regulations;

E. Perf 01111 all necessary liaison with the applicant's designee by telephone, fax, mail or meeting in· CONTRACTOR's main office, and perform all necessary rechecks to achieve conformance to the regulations;

F. Perf 01111 all necessary liaison with the Chief Building Official or his designee, by mail, telephone, fax or meeting in CONTRACTOR's main office or at City offices, to insure compliance with compliance with local policy interpretations related to subject reviews;

G. Perform plan review on revisions to plans that have previously been approved for pel111it lssuance;

H. Perf 01111 extra work when requested in writing by the CITY;

1. Attend meetings at the CITY offices related to proposed building projects at the request of the Chief Building Official or at locations other than CONTRACTOR's office;

1. Provide on an as needed basis, qualified, celiified, building inspector(s) capable of perfol111ing light commercial or residential inspections;

K. Provide, on an as-needed basis qualified, celiified permit technicians capable of perfomling those essential duties;

L. Provide, a qualified individual on an as-needed basis, to perform residential and light commercial plan review at the CITY offices and;

M. Other detailed scope of services as enumerated in the attached Exhibit A.

The CONTRACTOR agrees to provide adequate resources to achieve the following service delivery goals for timely perf0l111ance of the work over which the CONTRACTOR has decision authority:

Project Type

• New or remodeled, low-rise residential construction or additions

• Light cOllli11ercial new construction, additions and tenant improvements

ED Large commercial or residential multifamily new construction projects

• Rechecks

Service Goal

Complete initial plan review within 10 working days .

Complete initial plan review within 10 working days

Complete initial plan review within 15 working days

Complete review within 7 working days

For the purpose of measuring performance, working days exclude the day plans are received by

Rev. date: 1/30/14 2

ATTACHMENT 1

CONTRACTOR and include the day a plan review has been completed. Worldng days do not include weekends or CITY holidays. Service level goals are subject to modification upon mutual agreement of the CONTRACTOR and CITY.

3. DUTIES OF CITY.

CITY shall pay the compensation as provided in Paragraph 4, and perfOlm the duties as follows: A. At the time of the project submittal, obtain from the applicant/customer the neceSSalY items to

allow plan review to be completed in the shortest overall time frame. Necessary items include, but are not limited to, complete plans, constmction specifications, soils repOlis, Title 24 energy calculations, stmctural calculations, the name and address and telephone number of the applicant's designated contact person and similar items that may be unique t6 a paliicular project,

B. Notify the CONTRACTOR that the plans are ready for pick-up, or transmittal by mail or courier as previously agreed to,

C. Provide the valuation for the proposed constmction,

D. Provide the CONTRACTOR with copies of any CITY ordinances that modify the regulations listed in Section 2(C),

E. Collect sufficient plan check fees from applicant/customer to ensure that there are adequate funds to cover all costs in the event that the applicant/customer decides to abandon the' pelmit process after the CONTRACTOR has completed the initial plan check.

4. COMPENSATION.

For the full perfonnance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR as follows: .

A. Compensation for each plan reviewed under Sections 2(A) through 2(F) shall be 65% of the building plan review fee calculated per SRMC fee schedule. The constmction valuation shall be based on the most recent valuation multiplier published by the International Conference of Building Officials in Building Stalldards, or on the architect's estimated constmction cost, or on the Chief Building Official's cost estimate. The value shall include all proposed constmction as defined III California Building Code Section 109.3. Fmiher:

1) Plan check fee for repetitive, identical buildings shall be 15% of the building plan review fee as noted above for the first or basic building.

2) Compensation for stmctural-only plan reviews is reduced to 50% of the building plan review fee as noted above. '

3) The single fee includes all rechecks, plan check conferences at CONTRACTOR's office, reviewing plans that are initially found to be incomplete and for the transmitting of plans back to the jurisdiction.

4) Stmctural, Electrical, Plumbing or Mechanical plan review shall be charged at the rates as stated in Exhibit B attached.

5) The minimum fee for any project plan review shall be one hU11dred dollars ($100.00).

Rev. date: 1/30/14 3

ATTACHMENT 1

B. Compensation for all other work performed under Section 2(G) through 2(L) shall be at the rates as set fOlih in Exhibit B attached. The method of calculating compensation for each such plan reviewed shall be as agreed to by the Chief Building Official and CONTRACTOR.

C. Total compensation payable to CONTRACTOR under this agreement shall not exceed $50,000 per year of the agreement

Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR.

5. TERM OF AGREEMENT.

The term of this Agreement shall be for three (3) years commencing on June 1,2014 and ending on June 1,2017. 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 up to three (3) years.

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 patiy, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the patiy 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 ofthis Agreement without the prior written consent of the other.

D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the perfOlmance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination.

7. OWNERSHIP OF DOCUMENTS.

The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement.

8. 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 connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection.

Rev. date: 1130114 4

ATTACHMENT 1

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 tlus Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies:

1. A commercial general liability insurance policy in the mhumum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or propeliy damage.

2. An automobile liability (owned, non-owned, and hh'ed vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per OCCUlTence.

3. If any licensed professional perfonns any of the services required to be perfOlmed under this Agreement, a professional liability insurance policy in the minimum amount of three million dollars ($3,000,000) per occurrence/tln'ee million dollars ($3,000,000) 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 tlus section.

4. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. CONTRACTOR'S worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY.

B. Other Insurance Requirements. The insurance coverage required of the CONTRACTOR in subparagraph A of this section above shall also meet the following requirements:

1. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insured's 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 01' self-insurance coverage for any contribution. The "primary and noncontributOlY" coverage in CONTRACTOR'S policies shall be at least as broad as ISO fOlm CG20 010413.

Rev. date: 1/30114 5

ATTACHMENT 1

3. Except for professional liability insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injUlY.

4. The insurance policies shall be specifically endorsed to provide that the insurance ca11'ier shall not cancel, tenninate or otherwise modify the temlS 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 tennination of tIns 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 selfinsurance 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 minimUln coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater.

C. Deductibles and SIR's. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attomey, 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 01' CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attomey'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 policy language or specific endorsements evidencing the other insurance requirements set fOlih in tIns Agreement. CITY reserves the right to obtain a full celiified 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 fOlTI1 and sufficiency by PROJECT MANAGER and the City Attorney.

11. INDEMNIFICATION.

A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the fullest

Rev. date: 1/30/14 6

ATTACHMENT 1

extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indelllnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attomey'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 Indelllnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indelllnitees, the CONTRACTOR's indemnification obligation shall be reduced in proportion to the City Indelllnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR'S performance of or operations under this Agreement, CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims.

B. Where the 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, indenmify, release, defend and hold hannless the City Indelllnitees from and against any CLAIMS that arise out of, peliain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such CLAIM which is caused by the sole negligence or willful misconduct of CITY.

C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by; the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law.

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 perfOlTI1anCe 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 perfOlTI1anCe of its duties and obligations under this Agreement. CONTRACTOR shall perfOlTI1 all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold hannless 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.

Rev. date: 1130/14 7

ATTACHMENT 1

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 tenllS and conditions of this Agreement, to the other party.

15. NOTICES.

All notices and other communications required or pelmitted 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 pmties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows:

TO CITY's Project Manager:

TO CONTRACTOR's Project Director:

16. INDEPENDENT CONTRACTOR.

Thomas Ahrens City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael~ CA 94915-1560

Doug Rider CSG Consultants Inc. 1700 South Amphlett Blvd. 3rd Floor San Mateo, CA 94402

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 telms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the pmties with respect to the subject matter of tIns 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

Rev. date: 1/30/14 8

ATTACHMENT 1

this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement.

D. The tenllS 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 tenus and conditions of this Agreement, and the tenllS and conditions of the attached exhibits or the documents expressly incorporated by reference, the tel111S and conditions of this Agreement shall control.

18. SET-OFF AGAINST DEBTS.

CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts.

19. WAIVERS.

The waiver by either party of any breach 01; violation of any tenu, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other telm,· 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, perfonllance, or other consideration which may become due 01' owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any telm, condition, covenant of this Agreement or any applicable law, ordinance or regulation.

20. COSTS AND ATTORNEY'S FEES.

The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the perf01mance of this Agreement, may recover its reasonable costs (including claims administration) and attol11ey's fees expended in connection with such action.

21. CITY BUSINESS LICENSE I OTHER TAXES.

CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be· required to pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a completed Intel11al Revenue Service F01m W-9 (Request for Taxpayer Identification Number and Certification).

22. APPLICABLE LAW.

The laws of the State of California shall govel11 this Agreement.

Rev. date: 1/30114 9

ATTACHMENT 1

IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written.

CITY OF SAN RAFAEL

NANCY MACKIE, City Manager

ATTEST:


APPROVED AS TO FORM:

ROBERT F. EPSTEIN, City Attomey

EXHIBIT A - Scope of Services EXHIBIT B - Hourly Fee Schedule

Rev. date: 1/30/14

CONTRACTOR

By:_-,,P'-----F-+-+ ______ _

Title: PRf510£Nf

10

EXHIB~TA

Scope of Services

CS6 understands the City seeks building plan review services for specific projects and in times when work load exceeds the capacity of City staff. Described below is CSG's approach to d~livering these services.

Plan Rouio.w Compliance Standards Our team of professionals is ready to assist in all aspects of plan re.view and to focus on the special needs and requirements of each of our clients. We promise prompt turnaround times and offer comprehensive online status reports. Our plan checkers carefully review all documents for compliance with building codes, fire codes, energy conservation standards, State accessibility regulations, and all local ordinances. We understan~ and will comply with the City's own requirements for plan review services. Our engineers and plan reviewers review plans for compliance with all policy and model codes adopted by the State of California, including but not limited to:

P 2013 California Building Code, Volumes 1 and 2 P 2013 California Residential Code P 2013 California Electrical Code P 2013 California Plumbing Code J 2013 California Mechanical Code ) 2013 California Fire Code as jointly published by the Western Fire

Chiefs Association and the National Fire Protection Association (NFPA) as amended and adopted by the State of California (Title-24, Part 9 California Fire Code)

J National Fire Codes as published by the National Fire Protection Association (NFPA)i as adopted and referenced by the State of California (Californid Code of Regulations, Title-19, Section 1.09)

J 2013 State Historical Building Code J 2008/2010 California Energy-Code (as directed by the California Energy Code) J 2013 California Green Building Code (except those sections per the California Energy Code)

J NPDES/WQMP/SWPPP Compliance J City adopted ordinances and amendments relative to building and municipal codes, including

project Conditions of Approval from other City departments, divisions, regulating agencies, and jurisdictions

CASp Services We understand California Building Departments are required to have a CASp certified person in place and available for technical questions and Interpretations. Our CASp certified staff are knowledgeable of state and federal accessibility laws and regulations and possesses the expertise necessary to promote access to facilities for persons with disabilities. In accordance with newly formed rules and regulations, (SG can supply a CASp certified professional to review all plans for accessibility and will comply with regulations to provide a sufficient number of building department staff who are c::ASp certified by January 1, 2014.

OSHPD 3 Reviews Our staff of professional engineers and certified plans examiners is experienced with the differences between CBC and 05HPD 3 facilities and have successfully completed many 05HPD 3 plan reviews for multiple client agencies. C5G can also provide certified 05HPD Inspectors of Record for a variety of different projects.

Green Building and lEED Certification Our Building Division staff is experienced in, plan review and inspection for compliance with CALGreen and local green building ordinances. In addition, C5G Consultants has all of the qualifications necessary to assist the City in both the development of policy and the implementation of green and sustaina ble building practices. C5G's 5ustainability Programs division can assist, for example, with construction and demolition debris recycling programs as well as public outreach to the building industry. We have Certified Green Building Professionals (CGBP) and LEED accredited personnel on staff.

Plan Checl< Comments All plan check comments will be formatted to the City's established correction listtemplates. Any additional forms established by the City for alternative methods of construction and/or deviations from requirements, such as disabled access, will be incorporated into the correction comments and returned with the appropriate recommendations. In addition, plan check comments can be delivered electronically by email or other City approved means. This will enable City staff to immediately modify our checklist for incorporation with other department comments.

Quality Control/Quality Assurance C5G's in-house quality assurance / quality control program utilizes a peer review process with multi-level internal plan checking and project management. A senior staff member will review plan check comments in orderto ensure relevance and accuracy.

Plans Pickup and Delivery C5G will arrange for pickup and delivery of plans to City offic~s. The pickup and delivery of plans and other materials via C5G staff or an approved alternative service will be provided at no additional cost.

Online Plan Checl< Status C5Goffers a convenient service allOWing clients to check plan review status and comments online. By logging in to our Plan Check Status website, staff as well as authorized applicants can view each project document and communicate with the plan checker via e-mail .Or post-a-note. Staff or authorized applicants can download comments from the web upon completion ofthe plan review. There is no additional cost for this service.

avaihllllDilitv and Customer Service C5G's main function is to serve as an extension of the City. We clearly understand the importance of our role in the success of the City and commit to providing its citizens and business partners-residents, architects, engineers, developers, contractors-as well as City staff, the highest level of service. We believe effective communication and excellent customer service are essential to a successful working relationship between the City, (5G and the development community.

Office Hours and Meeting Availability C5G staff plan checkers and inspectors are available for applicant inquiries or conferences anytime during regular business hours without charge via telephone, 8:00 AM to 5:00 PM, Monday through Friday. We can easily alter our hours to meet the City's needs. Evenings and weekends for special events and meetings can be accommodated with 48 hours notice. For your convenience, we can also meet with City staff, architects and applicants. We recognize the value of pre-design consultation with prospective applicants and are available to provide this service as well. OUf Project Manager/Lead will be available in person for consultation and meetings with a reasonable lead time.

Response to City Questions or Requests C5G staff can typically respond to the City for all questions or requests generated during field inspections or any plan review during the same day, but no later than the following day a request is received.

Emergency Response C5G is well qualified to respond to a local or regional emergency. Many of our personnel, have assisted in emergencies such as the recent San Bruno gas explosion, the Northridge, Loma Prieta and Napa earthquakes as well as regional floods, fires and other emergencies. Our personnel's certifications include those obtained through FEMA, Office of Emergency Services (OES), and IACET First Responder.

EXHIBIT B

Fee Schedule "-'-'" .. -... ~--.---•..... -.~ .... ~ .. " .. -. " •. _ ...• -... __ . __ ....... ~" . -~ -- ..... ~.---< .. ~ - "-"---'---

CSG's fee schedule which includes fees for personnel providing the proposed scope of work is provided in the table below. We will coordinate the pickup and return of all plans via CSG staff or a licensed courier service. This service is provided at no additional cost. CSG will mail an invoice at the beginning of every month for services rendered during the previous month.

Fee includes initial revIew and 2 reVIews, if necessary. Additfonal reviews will incur hourly fees.

----.-.------ --;t------···-·--~-

Structural, Mechanical, Electrical, and Plumbing Plan Review by I 50% City-Collected Plan Review Fees Percentage

~-=~t~~~~'PI~~ 'R~~_~~iiL~~ ild~~~i~~~.~-i;~Liie.~_af;t~~;i!ew·· ~=-[~~-~~_~=~~=~~~5 ___ ~.~._~. ___ .. -Structural Plan Review / Structural Engineer $150

Structural Plan Review / Professional Engineer $125 .-._-- ---_.,

Certifi~~_ Com_~.~~~.ial B~ilding l~sp~ct~~ ______ . ___ --, __________ ~_8_5 __ ., .. _., ... _ .....

Fire Plan.·Re~L:":,,lnsp~~t9~ ,._". _ _ .__ _ "" __ ._ _ L____ ._ .... ___ .~9. __ .... Certified Building Inspector $75

Permit Technician $60

~~~sp_~~~~~tat!~~l ____ . CASp Inspection

$150 .. __ .. -----_._ ...... _._-----,_ ..... _---. __ ..... -_ ....... ,-,_ ...... -... --.. . $150

".,"-----, ---.-.-~.- "------------. _. -.--~ ... ~~ -----------+-- -.. --.--.~ ..... ---,--,~-. Overtime 1.5 x Hourly Rate

All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, office expenses, etc. $hould the scope of work change or circumstances develop which necessitate special handling, we wIll notify the city prior to proceeding. Annual adjustments may be made by mutual agreement based upon current CPl.

'. '.

'j c>,P /

ORDINANCE NO. 1921

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CONTINUING THE PARAMEDIC TAX RATES, COMMENCING WITH FISCAL YEAR 2014-2015, AT THE RATES ESTABLISHED IN ORDINANCE NO. 1911 FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES IN THE CITY OF SAN RAFAEL, COUNTY SERVICE AREA NO. 13, AND COUNTY SERVICE AREA NO. 19. ($89.00 FOR RESIDENTIAL AND $0.12 PER SQUARE FOOT FOR NONRESIDENTAL PROPERTIES), AND FOR RESIDENTIAL AND NONRESIDENTIAL PROPERTIES IN THE MARINWOOD COMMUNITY SERVICES DISTRICT ($85.00 FOR RESIDENTIAL AND $0.11 PER SQUARE FOOT FOR NON-RESI DENTIAL PROPERTI ES)

WHEREAS, the electors of the City of San Rafael in 1979 and in 1988, adopted a paramedic service tax (Chapter 3.28 of the San Rafael Municipal Code) to be imposed annually upon all residential and commercial properties within the City of San Rafael; and

WHEREAS, the City, pursuant to three separate Joint Powers Agreements, provides paramedic services to Marinwood Community Services District, County Services Area No. 13, and County Services Area No. 19; and

WHEREAS, the electors of the City of San Rafael approved Measure "I" on November 2, 2010, increasing the ceiling on the residential tax rate to $108.00 per living unit and on nonresidential property to $0.14 per square foot; and providing a corresponding increase in the appropriations limit; and

WHEREAS, the City Council, pursuant to its authority under the paramedic tax ordinance, and based upon a budget recommendation by the City Manager, adopted Ordinance No. 1891 to reflect the changes approved by the voters; and

WHEREAS, increases in the maximum rates for the Paramedic Service Tax were approved by the electors of County Service Area No. 13 and County Service Area No. 19 by elections held in November 2006 and November 2011, and by the electors of Marinwood Community Services District by an election held in November 2006; and

WHEREAS, the City Council, after reviewing the proposed budget recommendation of the City Manager, finds that for the City of San Rafael, County Service Area No. 13 and County Service Area No. 19, the Paramedic Tax Rates for residential living units should remain at $89.00 and the non-residential properties tax rate should remain at $0.12 per square foot; and that for Marinwood Community Services District, the Paramedic Tax Rates for residential living units should remain at $85.00 per year, and the non-residential tax rate should remain at $0.11 per square foot; since these rates will cover the cost of providing paramedic services within these service areas for fiscal year 2014-2015; and

WHEREAS, County Service Area No. 13 and County Service Area No. 19, based upon budgets recommended to them, have advised the City that they approved of the setting of the Paramedic Tax Rate within their respective jurisdictions, at $89.00 per year for each living unit, and at $0.12 per square foot for each non-residential structure; and

WHEREAS, Marinwood Community Services District, based upon budgets recommended to them, have advised the City that they approved of the continuing of the Paramedic Tax Rate within its jurisdiction, at $85.00 per year for each living unit, and at $0.11 per square foot for each nonresidential structure.

NOW THEREFORE, the City Council of the City of San Rafael does ordain as follows:

Division 1. Pursuant to Chapter 3.28, Section 3.28.060 thereof, the COl,lncil of the City

Page 1 of 2

of San Rafael hereby sets the tax rate for paramedic services within City limits commencing in fiscal year 2014-2015, at $89.00 per year for each living unit, and $0.12 per square foot for non-residential structures.

Division 2. The City Council hereby sets the Paramedic Tax Rates for County Service Area No. 13 and County Service Area No. 19, commencing with fiscal year 2014-2015, at $89.00 per year for each living unit, and $0.12 per square foot for each non-residential structure.

Division 3. The City Council hereby sets the Paramedic Tax Rates for Marinwood Community Services District, commencing with fiscal year 2014-2015, at $85.00 per year for each living unit, and at $0.11 per square foot for each non-residential structure.

Division 4. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such holding or holdings shall not affect the validity of the remaining portions of this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, or phrases be declared invalid.

Division 5. This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, published and circulated in the City of San Rafael, and shall be in full force and effect thirty days after its final passage.

Attest:

The foregoing Ordinance No. 1921 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 5th day of May, 2014, and ordered passed to print by the following vote, to wit:

AYES: Council members: Bushey, Colin, Connolly, McCullough & Mayor Phillips

NOES: Councilmembers: None

ABSENT: Councilmembers: None

and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 19th day of May, 2014.

ESTHER C. BEIRNE, CITY CLERK

Page 2 of 2

Department:

Prepared by:

SUBJECT:

Agenda Item No:' .4, d

Meeting Date: May 19, 2014


Public Works

~ ~~-£ity Manager APprovJ(/ &l/J/tc!/f Director of Public Works

File No. 03.01.180

ACCEPT COMPLETION OF THE POINT SAN PEDRO MEDIAN LANDSCAPING IMPROVEMENTS RE-BID PROJECT, CITY PROJECT NO. 11163, AND AUTHORIZE THE CITY CLERK TO FILE THE NOTICE OF COMPLETION.

RECOMMENDATION:

Staff recommends that the City Council accept completion of the project and authorize the City Clerk to file the Notice of Completion.

BACKGROUND:

In the 1990's, the City Council made difficult budget cuts and service reductions by deciding to abandon median maintenance throughout the City. This action constituted reducing maintenance of over forty-two miles of medians. In 2008, the Point San Pedro Medians Committee, a committee of 46 concerned residents from 20 homeowners associations, was formed to address the beautification of 4Y2 miles of the Pt. San Pedro Road medians from Union Street to Biscayne Drive. Through their hard work and effort ballots were sent to over 2,700 property owners in May 2011 to form an assessment district to beautify and maintain the medians. On June 22, 2011 tabulation was conducted and 62% of the valid ballots were in favor of the assessment district. Consequently, City Council adopted resolution 13181 establishing the assessment district.

The improvements for the assessment district included the installation of irrigation, landscaping and related median landscaping facilities. Hardscape features such as river rock cobble were incorporated into the design in areas that could not accommodate landscaping.

On November 21,2011, the City Council adopted Resolution number 13267 authorizing the Director of Public Works to enter into an agreement with Abey Arnold Associates to design the landscape and irrigation improvements. During the design phase, public meetings were held on February 16,2012 and February 28, 2012. Many of the comments received during the public meetings were incorporated into the design.

On April 2, 2012, the City Council adopted the plans and specifications and authorized the City Clerk to call for bids. The project was advertised in accordance with San Rafael's municipal code and policies on

FOR CITY CLERK ONLY

File No.: _____________ _




April 6, 2012, and sealed bids were publicly opened and read aloud on April 26, 2012 at 2:00 PM.

On May 7, 2012, the City Council adopted Resolution No. 13339 rejecting all bids due to irregularities in the bid documents and directed the City Clerk to rebid the project. The project was rebid shortly thereafter and sealed bids were publicly opened and read aloud on May 24, 2012 at 2:00 PM.

On June 4, 2012, the City Council adopted Resolution No. 13352 authorizing the Public Works Director to enter into an agreement with the low bidder, Cleary Brothers Landscaping. Construction commenced on August 13,2012.

During the time between the award of the contract and the commencement of construction, the City was researching and seeking funding for the upfront capital costs. Ultimately, the City supported the assessment district in financing the median improvements through a bond issuance, and helped to reduce the cost of financing by purchasing the bonds directly which saved the district the cost of packaging and marketing the bonds for sale.

General management of the project was conducted by public works staff; however, an outside construction inspection service was required for the day to day inspection of the improvements. On July 2,2012, the City Council adopted Resolution number 13372 authorizing the Director of Public Works to enter into an agreement with Ghirardelli Associates, Inc. for construction management and inspection services throughout the duration of the project.

Over the course of the construction a total of 12 change orders were issued for this project. The following discusses some of the reasons change orders for this contract were required:

• The project involved a significant amount of trenching and boring to place sleeves underground along the 4.5 mile length of the project. The Contractor faced numerous delays due to the challenges in locating utilities prior to installing these new crossings. Pt. San Pedro Road is a main arterial for utilities including electric, gas, communications, fiber, water, storm drain and sanitary sewer. The Contractor was very persistent in putting in requests for service locations; however, the response from utility locators was inconsistent and in some occasions it required three or more requests to mark all utilities. On one occasion the locator mismarked an AT&T distribution duct which was later damaged with a directional bore and caused over a week of delay in the boring and trenching operations. In other cases, intersections were potholed, only to have new underground facilities marked the following week, causing additional potholing and traffic control to be performed.

• It was determined during construction that it was best not to install any shrubs on top of the wall adjacent to the existing ficus vines between Beach Drive and Oak Drive due to the combination of the narrow planting area and proximity to the vines. 144 shrubs, ground cover and their associated irrigation systems were removed from the contract at a credit to the contract.

• The plans included installation of various trees within the medians. During construction it was found at several locations that underneath the median island was a section of asphalt concrete and aggregate base, most likely the old Pt. San Pedro Road which was buried when the new roadway was constructed. Near Porto Bello Drive, the underlying asphalt was deep enough to allow the shrubs and groundcover to be planted, but would not accommodate the installation of trees. In addition, based on requests from the property owners along this section of the project the installation of these trees were removed from the contract. At other locations, removal of the top soil, underlying asphalt concrete, aggregate base and roadway material was necessary.

• Upon removal of the concrete cap on the medians located east of Riviera Drive, it was found that the underlying material was aggregate base in an average depth of 20 inches. In order to


accommodate the new landscaping, the removal of the base and installation of approximately 500 cubic yards of soil was required.

• Upon removal of the existing concrete cobble for the majority of the length of the project, it was discovered that the concrete material was on average approximately 12" deep, instead of the typical 6" depth expected. Removal of the extra material was required.

• The installation of a bubbler ilTigation system was switched to an in-line drip irrigation system. Switching the type of system allowed for ease of installation and future maintenance as well as potentially providing a cost savings to the project.

• After installation, deer started rubbing their foreheads and antlers against the base of several of the newly planted trees causing minor damage to the tree trunks. In order to protect the trees, installation of tree trunk protectors was required at several locations.

After the plants were installed, staff became concerned about the plant health and failure to thrive for those shrubs planted within the medians located between Main Drive and Riviera Drive. In order to determine why the plants were not thriving, we collected and tested soil samples at various locations. In general, test results indicated that there was an excessive amount of potassium present in the soil of these medians. Potassium is one of three macronutrients necessary for plant growth and health; however, too much potassium may inhibit the absorption of other essential nutrients which can lead to poor growth.

Public Works staff worked with the contractor to develop a strategy for reducing the level of potassium within these medians. Strategies discussed included leaching (saturating the medians with water) and adding additional nutrients, or removing and replacing the top 18 inches of soil and amendment with the installation of new shrubs. Ultimately, since water was at a premium, it was decided to leave the shrubs within the existing soil and let the winter rains leach the potassium. Even with the minimal rain we received this past winter, the potassium levels were reduced to normal levels by March 2014 and plant health improved significantly. In addition, the Contractor provided an additional one-year written guarantee for these medians to ensure the shrubs, trees and groundcover continue to grow and remain healthy.

After initial construction was complete, Glenwood Homeowner Association representatives as well as many Glenwood residents expressed their concern regarding the lack of trees installed within the medians between Main Drive and Knight Drive. Because of their concerns, staff worked with the Pt. San Pedro Road Coalition, the Homeowner's Association, and the design consultant to determine suitable locations and to select a species for the installation of eight additional trees. These trees were installed at no cost to the contract. In addition, staff worked with the contractor to add additional routine maintenance items (i.e. weed removal in the non-landscaped areas, application of deer repellent, trash and litter pick up) and to install cobble on the top side of the retaining wall between Mooring Road and Harbor View Court, all at no cost to the contract.

Construction was completed on March 29, 2013 within the originally authorized construction budget of $1,594,572.06. The completion of the construction initiated a one year plant establishment period for the landscaping which concluded on March 31, 2014.

The total project cost, including design, advertisement, and construction, was $1,723,823.12. This amount falls below the originally authorized construction budget of $1,750,000.00.

REVENUE

Project Funding Sources I Amount

Pt. San Pedro Road Median Landscaping Assessment District $1,750,000.00

Total Available Funds $1,750,000.00

SAN RAFAEL CITY COUNCIL AGENDA REPORT I Page: 4

EXPENSES . De~ign, Environlllental,>llnd ()utreach Services

..... , ... '-.... -: .. .•.. :

Abey Arnold Associates (Design Consultant) $149,750.00

Public Outreach $615.00

Document Reproduction $8,797.94

Sub Total $159,162.94

Construction Costs ...•. _ .•... .-. •••••••

Actual Contract Amount based on Measured Quantities* $1,419,776.24

Change Orders and Extra Work* $77,342.00

Construction Management and Inspection (Ghirardelli Associates) $56,067.94

Soil Analysis and Testing (Environmental Technical Services) $830.00

Miscellaneous Electrical Work $934.00

MMWD Water Meter Installation $9,710.00

Sub Total $1,564, 660.18

Total Project Cost ** $1,723,823.12

*Includes the 5% retention to be paid 35 days after Notice of Completion is filed. ** Minor expenses related to equipment will be addressed with the Engineer's Report for this

Assessment District.

In addition to the costs noted above, the City of San Rafael dedicated staff time to administer and manage the development, design, construction and maintenance of this project. This effOlt is estimated to be $110,000.00. The details regarding staff time and costs will be given to our financial consultant for inclusion in the annual engineer's report.

The following summarizes the project milestones and working days:

Item Date Workine: Davs Date of Contract June 4, 2012 Date of Notice to Proceed August 6,2012 Construction Work Commencement August 13, 2012 All Work Complete (Including Punch List Items) March 29, 2013 Working Days Allowed by Contract 100 Working Days Allowed by Change Order / Extra Work 50 Non-Working Days Due to Weather (11) Non-Working Days Other Than Weather (1) Other Days Allowed 0 Actual Working Days Allowed 150

All work was completed within the working days allowed.

ANALYSIS: Pursuant to Civil Code Section 3093 the City, owner of the improvements, is required to record a Notice of Completion upon acceptance of the improvements by the City. This acceptance initiates a time period during which project sub-contractors may file Stop Notices seeking payment from the City out of the funds owed to the Contractor for the project work.


ACTION REQUIRED: Accept completion of the Point San Pedro Road Median Landscaping Improvements Re-Bid, City Project No. 11163 and authorize the City Clerk to file a Notice of Completion.

Enclosures: Notice of Completion

Agenda Item No:



Department: Public Works

Prepared by:

SUBJECT:

Director of Public WOI'ks

File No,: 06.01.222

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING A PROPOSAL FROM MARTINIMARTIN, INC. FOR PROFESSIONAL SERVICES FOR THE PARKING STRUCTURE/GARAGE REPLACEMENT AND UPGRADE STUDY ANI) AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH MARTINIMARTIN, INC. IN THE AMOUNT OF $99,500.00.


BACKGROUND:

The City of San Rafael has four parking structures:

• The 3rd Street & C Street parking structure was built in 2004 and is a five level structure constructed primarily of reinforced concrete with some concrete masonry units at the walls and parapets.

• The 3rd Street & A Street parking structure was built in 1983 and is a four level structure constructed primarily of reinforced concrete. Some of the walls and parapets are concrete masonry units.

• The 3rd Street & Lootens Place parking structure was built in 1964 and is a two level reinforced concrete structure with some structural steel bracing.

• The 5th Avenue & C Street parking structure was built in 1959 and is a two level reinforced concrete structure with some structural steel bracing.

Providing safe, well-maintained parking facilities is a priority for the City. To' do so, an evaluation of each of the four structures is required. Two of the parking structures were constructed more than 50 years ago and will require a significant amount of testing and calculations. An additional structure was constructed 31 years ago and the newest structure was constructed 10 years ago. Although the latter two structures are relatively new, State and Federal Codes and Regulations have changed since their original design. Therefore, these two newer structures also require evaluation.

FOR CITY CLERK ONLY

File No.: ____________ _




Each of the four parking structures contain various components which require evaluation. The scope of this study includes an analysis of structural deficiencies as well as regulatory deficiencies such as accessibility (ADA) compliance, lane configurations, environmental, mechanical, electrical, and plumbing.

This project will result in a detailed report with recommendations on required upgrades to comply with current State and Federal Codes and Regulations. The report will provide information on specific deficiencies of the parking structures and recommendations, including cost estimates, for upgrades and/or replacements.

ANALYSIS:

The Department of Public Works solicited design proposals and received five submissions from qualified firms on March 25, 2014. All proposals were evaluated by City staff based on criteria specified in the Request for Proposals (RFP), including but not limited to project understanding, approach and level of effort, schedule, team qualifications including previous experience with similar projects completed on time and within budget, and project manager and key staff experience. Interviews with the top three firms were conducted on April 24, 2014 with panel members consisting of City staff.

After review of the proposals and interviews, Martin/Martin, Inc. was chosen as the most qualified consultant for the project.

FISCAL IMPACT:

The design of this project was approved in the City of San Rafael's 2013/2014 Five-Year Capital Improvement Program (CIP) with a budget of $200,000. The proposal from Martin/Martin, in the amount of$99,500.00, falls within the approved amount.

At the time the 2013/2014 CIP was developed, the exact scope of this project was unknown and therefore the $200,000 was a rough estimate. It is anticipated that after completion of the analysis and evaluation, the remaining budget may be used to perform some immediate repairs and/or upgrades to the structures.

Fundinl! Sources

Source Amount Note(s)

Parking Services Fund (#501) $200,000.00 Approved in 13/14 CIP

Total Available Funds $200,000.00

EXDenses

Category-Eden Expense Code Amount Note(s)

Design-Ol $99,500.00 Martin/Martin, Inc.

Total Project Design Costs $99,500.00

We therefore request that Council approve $99,500.00 for the project from the funding source listed above.

OPTIONS:

• The Council may choose to authorize the Director of Public Works to enter into a Professional Services Agreement with Martin/Martin Inc.

• The Council may choose to withhold authorization and direct the Department of Public Works to reissue the RFP. Reissuing the RFP will result in the postponement of this study and any associated repairs.


ACTION REQUIRED:

Adopt the resolution authorizing the Public Works Director to enter into a Professional Services Agreement with Martin/Martin, Inc. for evaluation and analysis services for the City Parking Structures Study Project.

Enclosures 1. Resolution 2. Agreement 3. ExhibitA

RESOLUTION NO. __ _

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING A PROPOSAL FROM MARTINIMARTIN INC. FOR PROFESSIONAL

SERVICES FOR THE PARKING STRUCTURE/GARAGE REPLACEMENT AND UPGRADE STUDY AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO

ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH MARTINIMARTIN INC. IN THE AMOUNT OF $99,500.00.

WHEREAS, the City of San Rafael owns and maintains four parking structures;

and

WHEREAS, providing safe, well-maintained parking facilities is a priority for

the City; and

WHEREAS, the 2013/2014 Five-Year Capital Improvement Program (CIP) was

approved allocating $200,000 from the Parking Services Fund for an analysis; and

WHEREAS, City staff found that design services from qualified consultants will

be required for this project; and

WHEREAS, City staff followed the City standard procedures for selection of the

most qualified consultant; and

WHEREAS, the most qualified consultant team is MartinlMartin, Inc. with a fee

in the amount of $99,500.00 (technical proposal attached as Exhibit A);

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN

RAFAEL RESOLVES as follows:

1. The Professional Scope of Services for MartinlMartin, Inc., as attached

hereto, is accepted

2. Council does hereby authorize the Public Works Director to enter into

Professional Services Agreement with Martin/Martin, Inc. for professional

services listed in Exhibit "A", in a form approved by the City Attomey and

in an am,?unt not to exceed $99,500.00.

3. The Director of Public Works is hereby authorized to take any and all such

actions and make changes as may be necessary to accomplish the purpose of

this resolution.

I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the

foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the

Council of said City on the 19th day of May, 2014, by the following vote, to wit:

AYES: COUNCILME:MBERS:

NOES: COUNCILME:MBERS:

ABSENT: COUNCILME:MBERS:

ESTHER C. BEIRNE, City Clerk File No.: 06.01.222

AGREEMENT

FOR PROFESSIONAL SERVICES WITH MARTINIMARTIN, INC. FOR THE PARKING STRUCTURE UPGRADEIREPLACEMENT STUDY

This Agreement is made and entered into this ,2014 by and between

the CITY OF SAN RAFAEL [hereinafter "CITY"], and MARTINIMARTIN, INC., a corporation

authorized to do business in California (hereinafter "CONTRACTOR).

RECITALS

WHEREAS, the CITY has determined that certain specialized professional

services are required for the Parking Structure UpgradelReplacement Study (hereinafter

"PROJECT"); and

WHEREAS, the CONTRACTOR has offered to render such specialized professional

services in connection with this Project.

AGREEMENT

NOW, THEREFORE, the parties hereby agree as follows:

1. PROJECT COORDINATION

A. CITY. The Public Works Director shall be the representative of the CITY for

all purposes under this Agreement. The City Engineer 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. CONTRACTOR shall assign a single PROJECT

DIRECTOR to have overall responsibility for the progress and execution of this Agreement for

CONTRACTOR. Emily Guglielmo is hereby designated as the PROJECT DIRECTOR for

CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement

require a substitute PROJECT DIRECTOR for any reason, the CONTRACTOR shall notify the CITY

within ten (10) business days of the substitution.

2. DUTffiSOFCONTRACTOR

CONTRACTOR agrees to perform the services outlined in the proposal from

CONTRACTOR dated March 25,2014 marked Exhibit "A" attached hereto, and incorporated herein by

this reference. CONTRACTOR agrees to perform the work specified in this Agreement.

3. DUTffiS OF THE CITY

CITY shall perform the duties, if any, as described in Exhibit "A" attached

hereto and incorporated herein.

4. COMPENSATION

For the full performance of the services described herein by CONTRACTOR,

CITY shall pay CONTRACTOR on a time and materials basis for services rendered in accordance with

the rates shown on the current fee schedule as described in Exhibit "A". The total payment made under

this Agreement shall not exceed $99,500, except by written amendment of this agreement by the parties.

Payment will be made monthly upon receipt by PROJECT MANAGER of itemized

invoices submitted by CONTRACTOR.

5. TERM OF AGREEMENT

The term of this Agreement shall be from the date of execution until completion

of the project.

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 ten

(10) 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 notice, to the reasonable satisfaction of the party giving

such notice, within thirty (30) days of the receipt of said notice.

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 Do~uments. Upon termination, any and all CITY documents

or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials

prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY

as soon as possible, but not later than thirty (30) days after termination.

7. OWNERSHIP OF DOCUMENTS

The written documents and materials prepared by the CONTRACTOR in

connection with the performance of its duties under this Agreement shall be the sole property of CITY.

CITY may use said property for any purpose, including projects not contemplated by this Agreement.

Agreement • 2

8. 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

connection with its performance of its duties under this Agreement. CONTRACTOR shall fully

cooperate with CITY or its agent in any such audit or inspection.

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. 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 ($1,000,000) dollars per occurrence/two million dollars ($2,000,000) aggregate,

for death, bodily injury, personal injury, or property damage;

2. An automobile liability (owned, non-owned, and hired vehicles)

insurance policy in the minimum amount of one million ($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 ($1,000,000) dollars 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 and employer's liability insurance, as required by the State Labor Code and other

applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all

liability for injuries to CONTRACTOR's officers and employees. CONTRACTOR's worker's

compensation insurance shall be specifically endorsed to waive any right of SUbrogation against CITY.

B. The insurance coverage required of the CONTRACTOR by

subparagraph A of this section above shall also meet the following requirements:

1. Except for professional liability insurance, the insurance policies

Agreement • 3

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

noncontributory" coverage in CONTRACTOR's policies shall be at least as broad as ISO form CG20 01

0413.

3. Except for professional liability insurance, the insurance policies

shall include, in their text or by endorsement, coverage for contractual liability and personal injury.

4. The insurance policies shall be specifically endorsed to provide

that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said

insurance policies except upon ten (10) days written notice to the PROJECT MANAGER.

5. If the insurance is written on a Claims Made Form, then,

following termination of this Agreement, said insurance coverage shall survive for a period of not less

than five years.

6. The insurance policies shall provide for a retroactive date of

placement coinciding with the effective date of this Agreement.

7. The limits of insurance required in this Agreement may be

satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess

insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a

primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or

agreement) before CITY's own insurance or self-insurance shall be called upon to protect it as a named

insured.

8. It shall be a requirement under this Agreement that any available

insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements

and/or limits shall be available to CITY or any other additional insured party. Furthermore, the

requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this

Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or

proceeds available to the named insured; whichever is greater.

C. 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

Agreement • 4

respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a

bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and

defense expenses.

D. 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 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

CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to exercise it

later. The insurance shall e approved as to form and sufficiency by PROJECT MANAGER and the City

Attorney.

11. INDEMNIFICATION

A. Except as provided in Paragraph B, CONTRACTOR shall, to the fullest

extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless

CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and

against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited

to attorney's fees, expertfees 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 under this Agreement, CONTRACTOR shall provide a

defense to the City Indemnitees or at CITY' s option reimburse the City Indemnitees their costs of

defense, including reasonable attorneys' fees, incurred in defense of such claims.

B. Where the services to be provided by CONTRACTOR under this Agreement

are design professional services to be pelformed by a design professional as that term is defined under

Civil Code Section 2782.8, CONTRACTOR shall, to the fullest extent permitted by law, indemnify,

release, defend and hold harmless the City Indemnitees from and against any CLAIMS that arise out of,

pertain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR in the

Agreement • 5

performance of its duties and obligations under this Agreement or its failure to comply with any of its

obligations contained in this Agreement, except such CLAIM which is caused by the sole negligence or

willful misconduct of CITY.

C. The defense and indemnification obligations of this Agreement are

undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in

this Agreement, and shall survive the termination or completion of this Agreement for the full period of

time allowed by law.

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 perform all services under this Agreement in accordance with these

laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold

harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines

and all other consequences from any noncompliance or violation of any laws, ordinance, codes or

regulations.

14. NO THIRD PARTY BENEFICIARIES

CITY and CONTRACTOR do not intend, by any provision of this Agreement, to

create in any third party, any benefit or right owed by one party, under the terms and conditions of this

Agreement, to the other party.

15. NOTICES

All notices and other communications required or permitted to be given under

this Agreement, including any notice of change of address, shall be in writing and given by personal

delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties

intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed,

upon the date of deposit with the United States Postal Service. Notice shall be given as follows:

TO CITY: Kevin McGowan, Assistant Public Works Director/City Engineer City of San Rafael

Agreement • 6

j 111 Morphew Street P.O. Box 151560 San Rafael, CA 94915-1560

TO CONTRACTOR: [CONTRACTOR Contact Information]

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 terms and conditions of this Agreement, all exhibits attached, and

all documents expressly incorporated by reference, represent the entire Agreement of the parties with

respect to the subject matter of this Agreement.

B. This written Agreement shall supersede any and all prior agreements,

oral or written, regarding the subject matter between the CONTRACTOR and the CITY.

C. No other agreement, promise or statement, written or oral, relating to the

subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this

Agreement.

D. The terms and conditions of this Agreement shall not be altered or

modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY.

E. If any conflicts arise between the terms and conditions of this

Agreement, and the terms and conditions of the attached exhibits or the documents expressly

incorporated by reference, the terms and conditions of this Agreement shall control.

18. SET -OFF AGAINST DEBTS

CONTRACTOR agrees that CITY may deduct from any payment due to

CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any

ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid

checks or other amounts.

19. WAIVERS

The waiver by either party of any breach or violation of any term, covenant or

condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of

any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or

Agreement • 7

violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent

acceptance by either party of any fee, performance, or other consideration which may become due or

owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by

the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or

regulation.

20. COSTS AND ATTORNEY's FEES

The prevailing party in any action brought to enforce the terms and conditions of

this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs

(including claims administration) and attorney's fees expended in connection with such action.

21. CITY BUSINESS LICENSE/OTHER TAXES

CONTRACTOR shall obtain and maintain during the duration of this Agreement,

a CITY business license as required by the San 'Rafael Municipal Code. CONTRACTOR shall pay any and

all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work

pelformed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal

Revenue Service Form W-9 (Request for Taxpayer Identification Number and Cel1ification).

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 MARTINIMARTIN, INC.

By: __________ _

NADER MANSOURIAN, Public Works Director Title: ___________ _

ATTEST:



ROBERT F. EPSTEIN, City Attorney

File No.: 06.01.222

Agreement • 8

Statement of Proposal to the City of San Rafael

Consulting Engineering Services for Parking Structure Upgrade/Replacement Study

March 25, 2014

Ms. Leslie Blomquist, P.E. Associate Civil Engineer City of San Rafael 111 Morphew Street San Rafael, CA 94901

Re: Request for Proposal for Consulting Engineering Services Parking Structure Upgrade/ Replacement Study

Dear Ms. Blomquist and Selection Committee Members:

We understand that providing safe, well-maintained parking facilities is a top priority for the City of San Rafael. Martin/Martin, Inc. can help you achieve this goal by providing quality investigative engineering and repair evaluation services for the garages identified in your RFP. We are pleased to submit our proposal for consideration by the selection committee.

We are uniquely qualified to provide parking structure upgrade/replacement evaluation for the City of San Rafael. Not only are we industry experts in parking garage investigation and repair, but also a proven local commodity. As you may be aware, we opened our Larkspur office several years ago and appreciate the intricacies of working for a local municipality. We have a special appreciation for our local structures, as they ultimately represent the infrastructure in which we choose to live and work; I am a resident of San Rafael.

As noted in our proposal, we have a strong resume of parking garage assessments, but I would like to highlight one particular project. We are currently working with the City of Fort Collins municipality on an assessment of two parking garages nearly identical in scope, material, condition, and size to the San Rafael garages. The Fort Collins parking garage study was completed on-time, on-budget, and has exceeded the City's expectations. We would like to leverage this experience to uniquely benefit the City of San Rafael and the requested studies of your four parking garages.

Similar to the service we have provided to hundreds of past, repeat clients, we will use our long-term experience and expertise to your benefit. The following pages demonstrate our capabilities in evaluating and recommending upgrades to your parking structures which will safely extend the useful life of the facilities. Please note our specific expertise in evaluating and recommending structural repairs to large, multi-level, concrete parking structures, with associated references verifying the high-quality cost-effectiveness of our work. We look forward to applying this expertise to your garages and developing appropriate recommendations and upgrades.

We are highly motivated to perform this investigative work for you. The attached qualifications respond to all of the requirements outlined in your RFP. Just as you are vested in the community you serve, we are committed to serving you. Please contact me if you have any questions or need additional information. I can be reached at 415.814.0030 or

by email at ="-='-""-'-'-'-"'-='-'-'=-=--'''-'-''''-'-'''-'-'-'-'''=-'-''

Emily Guglielmo, SE, PE City of San Rafael Resident Associate

MARTIN/MARTIN, INC. 700 LARKSPUR CIR" STE 249 LARKSPUR, CALIFORNIA 94939 MAIN 415.814.0030 MARTINMARTIN.COM

Project Understanding

The City of San Rafael owns and operates four parking structures. The four parking structures are located at 3rd St and A St, 3rd St and CSt, 3rd St and Lootens PI, and 5th Ave and CSt.

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The 3rd St & A St Parking Structure was built in 1983 and is a four level structure constructed primarily of reinforced concrete. Some of the walls and guardrails are concrete masonry units (CMU). There appear to be structural cracks in some of the parking decks.

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The 3,d St & CSt Parking Structure was built in 2004 and is a five level structure constructed primarily of reinforced concrete with some eMU at the walls and guardrails. The garage generally appears to be in good condition, but a high level assessment can confirm and establish a long-term maintenance plan.

The 3,d St & Lootens PI Parking Structure was built in 1964 and is a two level reinforced concrete structure with some structural steel bracing. There appear to be some structural cracks in the major structural beams, along with long-term maintenance deterioration.

The 5th Ave & C St Parking Structure was built in 1959 and is a two level reinforced concrete structure with some structural steel bracing. There appear to be several structural cracks, in addition to long term deterioration.

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Further Understanding ...

We understand that the City wishes to determine if upgrades are required to comply with current State and Federal codes and regulations for each of the four parking structures. In completing this assessment, we believe the City will make strides toward conservation of its investment and extension of the useful life of these parking structures. We understand that the City wants to be able to make strategic and cost-effective planning and budgeting decisions relating to repair, upgrade, and maintenance for each parking structure. For the City to be successful, it needs to have the appropriate data and information in a format that provides clear recommendations for current and future repair, upgrade, and maintenance activities. This proactive approach will enable the City to make sure that informed, cost-effective decisions about repairing and maintaining its parking structures are made now and in the future.

This project includes evaluation of the current parking facilities for structural and other deficiencies compared to current State and Federal regulations. The scope includes an assessment to analyze structural deficiencies as well as regulatory deficiencies such as accessibility (ADA) compliance, lane configurations, environmental, mechanical! electrical! plumbing. The evaluation report will detail the evaluations performed, types of analyses, and how the recommendations are reached for each structure. For each preliminary design alternative developed, associated cost estimates will be provided.

Due to the breadth of scope of the evaluation, we believe this assessment requires the expertise of a multidisciplined team. Martin/Martin will perform all structural and civil components of the work. We have teamed with another local environmental engineering firm, West Engineering, to assess and document any environmental concerns. Martin/Martin has allotted for a mechanical, electrical, and plumbing review, with the sub-consultant to be determined with input from the City, if desired.

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Project Approach

For the four parking facilities, we have outlined a program that includes assessment of required upgrades to the structures to meet current State and Federal Codes. Based on our understanding of the RFP, Question & Answers supplied by Jaemin Park, and project conditions described above, we propose to provide the following scope of services in accomplishing this project. To supplement those documents, we have visited each of the four parking garages and are able to generally assess the structures materials and condition.

Parking Structure Evaluations

Perform a review of all four parking structures to identify and evaluate deficient conditions.

• Item #1- Existing Data Review • Item #2 - Site Investigation and Analysis • Item #3 - Evaluation Report • Item #4 - Preliminary Design Alternatives

Item #1- Existing Data Review

At the start of this task, we will meet with your staff to review the history of the structures. We will review original construction and repair drawings, specifications, manuals, warranties, incident reports, maintenance logs, or other documentation that is provided by the City.

We understand the City has completed an analysis of ADA requirements relating to stalls and ramps at the 3,d & A garage. There are several items that do not meet ADA requirements. These items will not be re-analyzed or included in the scope of work. The reports will be studied as part of Item #1.

Item #2 - Site Investigation and Analysis

During this task, we will perform a field survey to evaluate current conditions in each parking structure. This will include:

• Visual review of concrete and steel structural elements (slabs, beams, columns, elevator shafts, braces, walls, parapets).

o The site investigation of the 3,d & C garage will be limited to a more general conditions assessment due to the age of the structure.

• Delamination testing (chain-drag) survey of all elevated slab areas to evaluate delamination patterns and quantities.

• In order to determine if structural deficiencies exist relative to acceptable seismic performance of the structures, we will perform a seismic evaluation based on Tier 1 building screening procedures established in the nationally recognized publication ASCE 31/41 "Seismic Evaluation of Existing BUildings". These structures will be evaluated for the Life Safety (LS) Performance Level. Through the use of ASCE 31 processes, we will determine if the parking structures have been adequately designed and constructed to resist seismic forces.

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o If a structure does not pass the Tier 1 Analysis, we are permitted to proceed to Tier 2 and conduct a detailed evaluation and analysis of the structure. We have included a Tier 2 Analysis as an additional service in the attached proposal.

o We do not anticipate performing a gravity load calculation analysis of the existing structures. Our visual observation of the conditions will demonstrate if there are any concerns with structural capacity. If concerns are raised, we will do specific gravity load calculations for the locations in question, provided existing structural drawings are provided.

o If specific areas of the structure require further insight into the material condition, we will engage an independent testing laboratory to take samples for evaluation. We will review the proposed testing with you and can make adjustments to the testing based on the structure's age, availability of existing testing data, or visual observation of site conditions. Material testing recommendations for each structure are not currently included in the proposed Scope of Services.

• Environmental evaluation of the structures will be considered, including any required studies on asbestos or lead. We believe that the structures built prior to 1978 will have potential for lead based paint and some of the structures may have piping insulated with asbestos containing material. The report will includes areas of concern and suggestions for further testing and remediation. An example of the lead based paint may occur on the steel braces in both the 3rd St & Lootens PI and the 5th Ave & CSt parking structure.

• We do not believe CEQA requirements will be triggered, as retrofit is typically exempted from compliance. However, we will evaluate any CEQA triggers and provide the City with the required management to navigate the process.

• We will also perform a visual review of the electrical, mechanical, and plumbing systems as appropriate. The level of effort for each structure will be based on the age, maintenance or repair history, and the visual condition of the systems. We are aware that the 3,d St & C St parking structure has an elevator which will require assessment.

• The Civil evaluation scope will include review of general parking efficiency and layout. This will include review of widths of parking stalls and travel lanes, sight distance at critical locations, pedestrian movements, and sign age. Additionally, site drainage and site asphalt/slab on grade concrete paving will be reviewed by visual observation for any noticeable deficiencies. ADA concerns will also be reviewed for number of accessible parking stalls, signage, stall dimensions, slopes, and accessible paths to the public right of way. See Item #1 for exclusions of ramp/ parking stall assessment at 3,d&A.

o The civil engineer will do a cursory review of code compliance for handrails and stairs.

o Field survey of existing conditions has not been included. If desired, however, we will work with the City to determine an appropriate scope and fee for survey.

Item #3 - Evaluation Report

During this task, we will compile all of our field observations on damage location drawings and prepare a report that will include our findings, description of analysis, conclusions, and recommendations for repairing/maintaining/ upgrading each of your parking structures. We will provide you with a draft report and meet with you to discuss our recommendations. After this review, we will issue the final report to you.

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Item #4 - Preliminary Design Alternatives

For each parking structure, two conceptual design alternatives will be suggested in list-format. A minimum of one and maximum of two design alternatives will be developed to a schematic level. A narrative outlining the suggested system and required upgrades will be provided, along with an associated cost estimate. Cost estimates will be for planning purposes and cover engineer's estimate of probable costs. We will not engage an independent cost estimator at this point in the study. Each design alternative will be discussed with the City and refined, as-needed, for the final submittal of preliminary design alternative report.

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Project Schedule

Week 1 Week2 Week 3 Week4 WeekS Week6 Week 7 Week8

Project Kick-Off Meeting 0 Issue Agreed Project Schedule 0 Existing Data Review ... Site Investigation

.. Analysis & Alternatives Development

Evaluation Report Development

Meeting with City to Discuss/ Update 0 Issue Draft Report 0 City Review

.. Meeting with City to review 0 Incorporate City Comments

Issue Final Report

Note: The above schedule does not include laboratory materials testing time. If material testing is required, typical test results take 3-5 weeks for completion.

o -Key Deliverables o -Meeting with City

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Martin/Martin Introduction

Martin/Martin's Investigative Team focuses on the evaluation and repair of existing buildings for clients such as Government Entities, Property Managers, Homeowners Associations, Building Owners, Architects, Attorneys, Contractors and Insurance Agencies. Unlike most investigative engineering firms, Martin/Martin staffs its investigative department with structural engineers who's hands-on experience and education has not been exclusive to investigative work. Martin/Martin's engineers actively apply knowledge and lessons learned from the structural design of new and renovated projects to their investigative work. Our engineers enjoy working closely with our clients to develop strategies that will be economical and meet the needs of the building owners and users.

We have the extensive experience and special tools required to determine existing conditions, perform non-destructive testing and analyze the load capacity of existing structures. The Investigative Team prepares surveys, reports, cost estimates and repair documents for consultation, maintenance plans, permitting, and negotiation during bidding and construction. We also provide on-site observations during the execution of repair work.

Martin/Martin personnel have completed a wide variety of facility condition assessment projects and repair investigations on parking garages. Often these assessments are performed as part of a due diligence process prepared for private buyers, municipalities and lending institutions. Similar studies have been performed for building owners, both in the private and public sectors, who are interested in the maintenance and protection of their parking facility to allow for long term use, or owners who are considering a renovation. Other times assessments are performed to address specific performance concerns of the owner.

Our work on condition assessments includes: • Site investigation • Review of construction documents • Code compliance review • Recommendations for testing or additional studies • Repair recommendations • Cost estimates • Long-term maintenance plans

Capacity and Experience

Martin/Martin, established in 1988, has a staff of 163 in our Bay Area, California, Lakewood and Edwards, Colorado, and Cheyenne, Wyoming, offices. This capacity gives us the flexibility to address projects of all sizes. Our staff includes: " 14 Investigative Engineers • 117 total engineers, 49 with advanced degrees • 91 registered professional engineers; 4 registered professional land surveyors • 34 LEED Accredited Professionals; 120+ LEED Projects • 65 employees with the firm 10+ years • Registrations in 43 states & DC; Alberta, Manitoba, Ontario & Yukon, Canada • Project experience in 49 states, Canada, Mexico and overseas

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Project Experience w/References

City of Fort Collins Parking Structure Assessment We completed a thorough walk through of two parking structures and performed visual observations of the condition of the structures. During our site visits, we documented signs of distress in order to provide recommendations for needed repairs and possible maintenance items, as well as helped outline a multi-year repair and maintenance plan for the City of Fort Collins. We are currently working on additional structural evaluations to determine a more detailed repair approach to some of the most critical deficiencies noted in our initial report as well as helping the City develop a two year repair/maintenance plan to be able to allocate budget dollars to the highest priority structural concerns. Mr. Mike Breeze, [email protected] City of Fort Collins (970) 566-7044

Stanford Place II Parking Garage Structural investigative engineering services for the repairs and continued maintenance of this 3 level parking garage. This 3 year project included structural repairs to columns, double tee beams and the top parking surface, as well as waterproofing efforts to prolong the life of the structure and protect the structural repairs performed. Additionally Martin/Martin performed a chain drag of the north portion of the top level and the south main drive lane of level A to map out the delaminated portions of the concrete surface and provide an estimate quantity for bidding. The parking garage remained open to vehicles during the investigation/design phase. Martin/Martin developed the documents to include base bid items and add alternates for pricing and attended a pre-bid meeting with potential bidders to outline the nature and scope of repairs. Project included construction documents, bidding and construction administration. Mr. Scott Hogy, RPA, [email protected] CBRE (303) 694-4650

Terrace Building Parking Garage Ongoing Investigations Structural evaluation for a parking garage containing one parking level at grade and one elevated parking level. The elevated level consists of precast double-tees supported by precast inverted tee beams, spandrel beams, or cast-in-place concrete retaining walls. Martin/Martin was contacted when the property manager observed that concrete had spalled off of the faces of the double-tee stems at the bearing pockets in the east wall near the expansion joint. Martin/Martin installed crack monitors at nine locations on the structure in order to record the magnitude and direction of the movements reported by the property manager. The monitors were placed in different orientations throughout the structure to help determine the cause of these movements. Martin/Martin reviewed the original drawings, performed further observations and prepared a final report. The final report outlined recommendations for structural repairs and/or modifications to the expansion joint and deteriorated areas of concrete. As an additional service, Martin/Martin investigated the parking garage for any signs of damage or distress to the structure and waterproofing elements. Mr. JR Loyd, [email protected] CBRE (720) 407-6581

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Similar Representative Project Experience (not inclusive):

• 100117th Street Garage • Stanford Place II Parking Garage • Independence Plaza Parking Garage

• Staples Parking Garage • AMLI at Inverness Structural Condition Assessment of Parking Garage • Terrace Building Parking Garage Ongoing Investigations • Torian Plum Parking Garage • Exempla St. Josephs West Campus Parking Garage • Capitol Authority Parking Structure • Humboldt Parking Garage at Exempla st. Josephs Hospital • Tamarac Office Park Parking Garage • 675 South University Boulevard Parking Garage Assessment • Cherry Creek Place III Parking Garage Investigation for Repairs • Denver Corporate Center Parking Garage • 770 Grant Street Parking Garage Structural Condition Assessment

• St. Joseph Hospital- Franklin Street Parking Garage • 116 Inverness Garage • 183 Inverness Parking Garage • 1900 Grant Street Parking Garage

• 300 Union Park Parking Garage • 600 Grant Parking Garage • 702 South 12th Street Parking Garage Investigation for Repairs • 15013 Denver West Parkway Parking Garage Condition Assessment • Centerpoint II Garage • City Market Parking Garage • Peakview Tower Parking Garage • French Lick Springs Resort & Casino Parking Garage • 4601 DTC Parking Garage • Choctaw Nation of Oklahoma Parking Garage Peer Review • Denver Health & Hospital Authority Parking Garage Repairs

Client Quotes:

"We feel very confident in Martin/Martin's thorough investigation to determine the cause of the problems with our parking garage and their ability to manage the project to correct these issues with great integrity."

JR Loyd, CBRE

"The team at Martin/Martin engage in open discussions keeping the best interest of the owner in mind. It is a pleasure to work with an industry leader who is knowledgeable, dependable and realistic with their approach."

Chris English, Western Waterproofing

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Organization Chart

Elizabeth Jones, Principal/Engineer of Record

Engineer-of-Record: The registered, licensed engineer responsible for the design and investigation whose seal appears on the structural contract documents.

Ben Bromiel, PE Investigative Garage Specialist

Investigative Garage Specialist: The individual who specializes in structural assessment/repair of parking garages.

Subconsultants

Environmental Engineer: Evaluation of the structures, including any required studies on asbestos or lead.

Ernily Guglielmo, SE, PE Associate/Project Manager

Project Manager: The individual responsible for overseeing the daily engineering tasks, meetings, reports, and main point of contact for the City of San Rafael.

Team Lead: The individual responsible for internal staffing, scheduling, and work plan and overseeing the project.

Phillip Krieble, PE Associate/Civil Design

Civil Design: Coordinating with the project manager, he will be responsible for the civil design of the renovations.

MEP Engineer: Predicted to be a very small portion of the work, Martin/Martin will work with the City of Rafael in selecting an MEP, if it is decided that it is needed.

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Team Member Resumes

Education:

B.S. Architectural Engineering, University of Texas, Austin, Texas, 1982, emphasis in structural engineering

Registrations:

Professional EngineerColorado, Alabama, Louisiana, Mississippi, New Jersey, South Dakota, Texas, Wisconsin, Wyoming

Affiliations:

American Concrete Institute (ACI) -Chairman, Committee 546 - Repair of Concrete; Member, Committee 364 -Rehabilitation; Member, Committee E706 - Concrete Repair Education; Member, TAC Repair and Rehabilitation Committee

American Institute of Steel Construction (AISq

International Concrete Repair Institute (lCRI) -Past President ICRI Rocky Mountain Chapter (2006)

Mr. Lund provides comprehensive investigation and analysis of structural components including facility renovations, expansions, structural failures, moisture intrusion and material deterioration. Experience includes foundation failure, soil/structure interaction, roof and building collapse, defective construction, code compliance, product failures, drainage problems, and structural damage due to wind, snow, flood, fires, impact and explosions. During the course of his structural investigations, Mr. Lund has developed and implemented various testing and monitoring programs. He has performed load tests on structural components and systems to determine load carrying capacities, deflections, stresses and failure modes. His extensive analysis and design experience enables him to analyze and design repairs for a wide variety of structural problems and failures. Mr. Lund has been with Martin/Martin since 1988 and manages Martin/Martin's Structural Investigations Group where he leads a team of investigative engineers. Representative project experience includes:

• 100117th Street Garage, Denver, Colorado

• 116 Inverness Garage, Englewood, Colorado

• 1670 Broadway Parking Garage, Denver, Colorado

• 183 Inverness Parking Garage, Englewood, Colorado

• 1900 Grant Street Parking Garage, Denver, Colorado

• 300 Union Park Parking Garage, Lakewood, Colorado

• 3151 South Vaughn Way Parking Garage, Aurora, Colorado

• 600 Grant Parking Garage, Denver, Colorado

• 693 Urban Court Parking Garage, Lakewood, Colorado

• 675 South University Boulevard Parking Garage Assessment, Denver, Colorado

• 702 South 12th Street Parking Garage Investigation for Repairs, Golden, Colorado

• 770 Grant Street Parking Garage Structural Condition Assessment, Denver, Colorado

• 15013 Denver West Parkway Parking Garage Condition Assessment, Golden, Colorado

• AMLI at Inverness Structural Condition Assessment of Parking Garage, Greenwood Village, Colorado

• Capitol Authority Parking Structure, Denver, Colorado

• Centerpoint II Garage, Denver, Colorado

• Cherry Creek Place III Parking Garage Investigation for Repairs, Aurora, Colorado

• City Market Parking Garage, Vail, Colorado

• Denver Corporate Center Parking Garage, Denver, Colorado

• Park Central Parking Garage, Denver, Colorado

• Peakview Tower Parking Garage, Centennial, Colorado

• St. Joseph Hospital- Franklin Street Parking Garage, Denver, Colorado

• Staples Parking Garage, Broomfield, Colorado

• Tamarac Office Park Parking Garage, Denver, Colorado

• Terrace Building Parking Garage Ongoing Investigations, Greenwood Village, Colorado

• United Bank Parking Structure, Denver, Colorado

Stil\Plnenl of Propo',,,iI to City of San 11,1f;1('1 'liNG LNGINH,I{ING ~;n(vlcL(, PAI{f(ING 8TnlJCIUW' lJl'GIV\DHHFPI/\CUIIH'NI ~;IIIl)Y

Team Member Resumes

Education:

MSCE / 1985 / University of Texas at Austin

BSCE / 1983 / Princeton University

Registrations:

Structural EngineerCalifornia SE 3558, Arizona, Nevada, Oregon

Civil EngineerCalifornia C42338, Nevada

Professional EngineerColorado, Missouri

Affiliations:

Commercial Real Estate Women Network, Membership Committee

Structural Engineers Association of Colorado, Past President

Women in Design, AlA Past Board Member/Secretary

Ms. Jones has been principal-in-charge and/or project manager for the structural design of many new and remodel, renovation, and retrofit projects for numerous clients and structure types including government, institutional, educational, residential, office, hotel and retail projects as well as tenant improvement/remodel projects. She has engineered projects for a wide variety of foundation, loading, and performance requirements, including seismic design considerations. Ms. Jones is a registered structural engineer in the state of California.

Ms. Jones joined Martin/Martin in 2008, with over 20 years experience in the design of steel, cast-in-place concrete, precast/prestressed concrete, masonry and timber as well as being involved in schematic design through field observation stages of many commercial and institutional projects. Representative project experience includes:

• Denver Center for the Performing Arts, Denver, Colorado - Parking Garage Assessment/Repair

• Denver Corporate Services Parking Garage Review Denver, Colorado

• Bridgeworks Hotel, Office and Retail Facility with Parking * San Diego, California

• University of California, San Diego, California * - Multiple Projects

• University of California San Francisco: Fall Protection Upgrades. San Francisco, California

• San Diego State University, San Diego, California * - Multiple Projects

• Chase Field Facility Assessment, Phoenix, Arizona

• Exempla st. Joseph's Hospital Existing Building Modifications/Demo, Denver, Colorado

• Fort Hood Stadium Replacement, Fort Hood, Texas

• Jeffco Stadium Investigation, Lakewood, Colorado

• Los Angeles International Airport Tom Bradley Terminal Renovation, California

• NIST B1R Condition Assessment, Seismic Evaluation/Strengthening, Boulder, Colorado

• Red Rocks Community College Slab Movement Investigation, Arvada Campus, Colorado

• RTD Civic Center Station Investigation, Repair and Improvements, Denver, Colorado

• Fort Bragg Warrior-in-Transition Dining Facility, North Carolina

• Chevron Reliability Optimization Center and Seismic Bracing, EI Segundo, California

• University of Wyoming War Memorial Stadium Improvements, Laramie Wyoming

* denotes project experience prior to starting with Martin/Martin, Inc.

SlLlt<"menl of PlOpos,iI to City of Sail r~C1fdel I'I\IH<ING ~nIUJCIUW: IJi'UI{/\IIIIIH:I'LI\CI :iVIlNT ~;nJ[)Y

Team Member Resumes

Education:

University of California, Los Angeles, BS Civil Engineering, 2003

University of California, Berkeley, MS Structural Engineering, 2004

Registrations:

Structural EngineerCalifornia 5902

Civil Engineer

California 70372

Professional EngineerColorado

Affiliations:

American Institute of Steel Construction (AISC)

American Society of Civil Engineers (ASCE) ASCE 7 Seismic

Subcommittee

ASCE/SEI (Structure Engineering Institute) Young Professional Committee

National Council of Structural Engineering Associations (NCSEA) Young Members Support Committee

Structure Engineering Institute (SEI)

Ms. Guglielmo has been involved in the design of a variety of structures for both public and private clients, with particular expertise in parking garage design and investigation. Ms. Guglielmo joined Martin/Martin in 2004. Her experience includes design in precast and posttensioned concrete, reinforced and cast-in-place concrete, structural steel, reinforced masonry and wood. Representative project experience includes:

• 1001 Seventeenth Street Plaza and Parking Garage Repairs Denver, Colorado

• 4601 DTC Parking Garage Denver Technological Center, Colorado

• 6000 Shoreline Court Facilities Assessment and Repairs San Francisco, California

• 360 Post Street Conditions Facilities Assessment and Repairs San Francisco, California

• 1656 Powell Street, 653 Union St, and 585 Columbus St Facility Assessment and Repairs San Francisco, CA

• Bicknell Facilities Assessment, Repair, and Retrofit Santa Monica, CA

• Choctaw Nation of Oklahoma Parking Garage Peer Review Durant, Oklahoma

• Denver Health & Hospital Authority Parking Garage Repairs Denver, Colorado

• French Lick Springs Resort & Casino Parking Garage French Lick, Indiana

• San Francisco Museum of Modern Art - Exterior Wall Panel Design San Francisco, California

• San Jose Airport - San Jose, California

• Sun Microsystems Building 7 Conditions Assessment and Repairs Interlocken Business Park, Broomfield, Colorado

• Utah Data Center Sandy, Utah

• Watsonville Homeless Persons' Health Cntr Facilities Condition Assessment and Repairs Watsonville, California

Honors:

2013 Rising Stars in Structural Engineering BD+C 40 Under 40 class of 2013 2014 ENR California's Top 20 under 40

St,1tenwllt of Proposell to City of S,III [(arael 'IH~C; LN(:;INITI~ING l3U<VICr:S l'iU(f~ING STIHJCTUIU, UI'tHU\UI'II<U 'U\CL~Jnf\ll ,ilUIlY

Team Member Resumes

Education:

Georgia Institute of Technology, MS Civil Engineering, 2001

University of Illinois, BS Civil Engineering, 1999

Confined Space Training

Training:Ground Penetrating Radar (GPR)

Registrations:

Professional EngineerColorado

Affiliations:

American Council of Engineering Companies (ACEC)

Chi Epsilon

rail

Mr. Bromiel has been involved in the structural design of a wide variety of structures from Experience:concept design through construction administration. Within the Structural Department Investigative Team, he specializes in structural assessments and repairs. Mr. Bromiel has performed detailed investigations and prepared reports and repair documents for numerous existing structures. His project experience includes a wide variety of parking garage investigations. Representative projects include:

• City of Fort Collins Parking Structures (2) Assessments Fort Collins, Colorado

• 675 South University Boulevard Parking Garage Assessment (House of Rothschild) Denver, Colorado

• Belleview Avenue Parking Garage Condition Assessment Greenwood Village, Colorado

• 1099 Eighteenth Street Parking Garage Structural Assessment Denver, Colorado

• Lazier Parking Garage Structural Assessment Vail, Colorado

• Terrace Building Parking Garage Ongoing Investigations Greenwood Village, Colorado

• Denver Corporate Center Parking Garage Investigation for Repairs Denver, Colorado

• 7535 East Hampden Avenue Parking Garages Denver, Colorado

• Denver Museum of Nature and Science Parking Garage Investigation for Repairs Denver, Colorado

• Exempla st. Joseph Hospital, Denver, Colorado - Humboldt Parking Garage Evaluation and Repairs - Midtown/Medpark Demolition Drawings - West Campus Parking Garage Evaluation and Repairs

• Exempla st. Joseph Hospital Heritage Project (Replacement Hospital), Denver, Colorado - East of Downing Parking Garage

• Kaiser Franklin, Denver, Colorado - Parking Garage Evaluation and Repairs

• Level 3 Parking Garage Investigation for Repairs Broomfield, Colorado

• Stanford Place II Parking Garage, Denver, Colorado - DSGAA Generator Addition Conditions Assessment - Investigation for Repairs - Construction Administration

• Staples Parking Garage Maintenance Manual Broomfield, Colorado

• Tamarac Office Park, Denver, Colorado - Evaluation of (3) Parking Garages for Buildings 3515, 3525, & 3545 - Exterior Remodel Design Services

Stai("lllent of Proposal to City of Scm ["{Cifclel liNG U\I(;IN!TI~IN(; ~ll:l{\lICI:~) 1'/\W(lNG STI{lJCTLJIU; I II I(.HU\UHm:.1'LfICI:NIFNT ciT\IUY

Team Member Resumes

Education:

Colorado School of Mines, BSCE, 2000

Registrations:

Civil EngineerCalifornia 82336

Professional EngineerColorado, Utah

Affiliations:

ACE Mentor Program of Denver Colorado Association of Stormwater & Floodplain Managers Order of the Engineer

Mr. Krieble has experience in all phases of site civil engineering design from development of conceptual plans to street layout and roadway design, site grading, sewage and waterline design and preparation of final drainage reports. His experience includes the civil design of many parking garage projects located in high-density, urban locations.

Mr. Krieble joined Martin/Martin in January 2001. His experience with civil site design and land development includes university, commercial, medical, fire station, residential, office, warehouse, parking facilities, retail centers and civil infrastructure. His design experience includes master planning, water resources, drainage and storm sewer design; street/roadway design and improvements; water/sewer pipeline system design; overlot grading; platting and planning. Representative project experience includes:

• National Renewable Energy Laboratory (NREL), Golden, Colorado - Ingress/Egress Security Facility, Garage (1,800 cars) and Infrastructure - Garage Striping and Sign age Modifications - 2009 and 2011 Master Plan Update - Research Support Facility - RSF I (LEED Platinum Certified) - Research Support Facility - RSF II (LEED Platinum Certified) - Cafe (LEED Platinum Certified) - Central Arroyo Pond Infrastructure - Energy Systems Integration Facility Site Infrastructure - ESIF (LEED Platinum Certified)

• University of Colorado, Colorado Springs, Colorado - Parking Garage (1,200 cars) and Recreational Field

• 1515 Wynkoop with Below-Grade Parking Garage Denver, Colorado (LEED Gold Certified)

• 16th & Market (16M) Mixed-Use Tower with Parking Garage Denver, Colorado

• 16 Chestnut Office Building with 4 Above Ground Parking Levels Denver, Colorado

• Medical Center of Aurora Medical Addition and Parking Garage Aurora, Colorado

• Promenade Place Apartments, DTC, Greenwood Village, Colorado - A multi-story apartment building and parking garage on 6.6 acres

• REI Flagship Store and Parking Garage Denver, Colorado

• Lockheed Martin, Sunnyvale, California - Re-parceling Study and Entitlement Study - 5th Street Improvements Analysis

• ProLogis Headquarters I & II Denver, Colorado

• Watsonville Homeless Health Center Watsonville, California

S(,ltC'nwnl of Proposal to City of Sail Rclfael TI~K, !:NUINLH<INC SUNICI::S PJ\nl(ll\lG :;rl~!ICIUW: UI'GfV\[W/WI'I,/\CHVIl:f'H STlIIJY

Team Member Resumes

Education:

University of California at Berkeley, MS Sanitary & Environmental Engineering

Georgia Tech, Bachelor of Civil Engineering -Magna Cum Laude, CO-Op Degree

Registrations:

Civil EngineerCalifornia C44031

Affiliations:

American Association of Cost Engineers American Society of Civil Engineers American Water Works Association International Association on Water Quality International Ozone Association

a

Mr. Krasnoff has managed all phased of projects involving hazardous site remediation, including preliminary investigations, permitting, design and construction for projects requiring removal and or control of hazardous materials at sites ranging from gasoline service stations to state and federal Superfund Sites.

Mr. Krasnoff has conducted numerous evaluations and third party reviews and provided expert testimony in matters involving releases of hazardous wastes to soil, ground water and air. These activities have been supported by Mr. Krasnoff's expertise in applied environmental chemistry and engineering. Mr. Krasnoff has specialized expertise in industrial and hazardous waste treatment and management. He also has extensive experience in the design and evaluation of water and wastewater treatment facilities.

Mr. Krasnoff has provided analysis and review of water and soil chemistry, hydraulic and hydrologic modeling and technical and economic evaluations of treatment systems for groundwater, solid and industrial waste for a variety of concerns ranging from chlorinated organics to heavy metals removal. Mr. Krasnoff has also conducted regulatory negotiations to establish cleanup goals and obtain permits for site remediation and has prepared CERCLA, RCRA and NPDES documents. These activities have been supported by Mr. Krasnoff's extensive experience in cost estimating and construction.

• Design and implementation of investigations and evaluations that resulted in no further actions for a former galvanizing facility, Berkeley, California.

• Implementation of site investigations and remedial actions for a 44 acre industrial and commercial assemblage of properties with PCE and petroleum hydrocarbon releases.

• Closure for a former slag site with approval for residential development, Fremont, California.

• Development of site remediation cost estimates as part of a liability assessment for 32 service stations, California and Alaska.

• Design of remediation and implementation of IRMs at lead smelter site.

• Expert review of regarding releases from a hazardous waste treatment facility.

• Management of site investigations and preparation of remedial plans for numerous chlorinated solvent (PCE, TCE, TCA) release sites.

• Design and installation of a groundwater remediation system for treatment of MTBE.

• Design of a 2.3 MGD potable water treatment system for the removal of organic solvents that contaminated a drinking water aquifer.

• Development of expert opinions regarding the source of solvent release, Pennsylvania.

• Expert testimony regarding the source of contamination pursuant to a RCRA cost recovery action.

• Expert testimony regarding the failure of a gasoline underground storage tank.

Stalement 01 Proposal to Cily or San I~arael .IINC !:NGINLU<IN(; SHNICC; ,PAm~IN(; S"lHUCIUW, UPGI<t\[JumCl'L/\CENlEt,lT !';T(mY

Subconsultants

West Environmental Services & Technology, Inc. (WEST) is an experienced environmental consulting firm comprised of engineers and geologists that specialize in providing high quality and cost-effective professional solutions to the complex environmental concerns of private industry and government agencies. WEST provides engineering consulting services in the fields of water quality, environmental and civil engineering. As a small business, our project team includes the senior experienced professionals that will conduct the day-to-day work on your project. The founders that established the reputation of the firm maintain a hands-on involvement with every project. Through this approach, WEST is able to offer an unsurpassed level of quality control and client support.

Property Evaluations • Historical site use investigations • Hazardous materials use evaluation • Forensic site characterization • Risk evaluations • Remedial cost estimates • ASTM Phase I ESAs • ASTM Phase II ESAs • Soil sampling for chemical analysis • Soil gas sampling • Groundwater monitoring well installation • Monitoring well development and sampling • Indoor air evaluations • Remedial cost estimates • Site closure strategies

Engineering & Remediation Services • Feasibility studies • Plans and specifications • Remedial Action Plans • Remedial Design/Implementation Plans • Implementation oversight • Water treatment systems evaluation and design • Sewer system evaluation and design • Wastewater treatment systems evaluation and design • Strategic review of on-going projects • Project cost estimating and review

Hazardous Material Management • Facility audits • Hazardous materials management plans (HMMPs) • Spill prevention control and countermeasure (SpeC) plans • Storm Water Pollution Prevention Plans (SWPPPs) • Personnel training • Industrial waste characterization and process engineering

Environmental Services & 'lh:hnologr

Statement of Proposal to City of Sclil f\afael 11i~(; [,NCINLEI{INC, gr:HVICES 1'J\ln,ING ~nHUCIlJl{[ UI'GIU\D!::m!'I)Lt\CE~fII:Nr ~)TIJl)Y

Martin/Martin's Fees The following fees are for Consulting Engineering Services for Parking Structure Upgrade/Replacement Study To the City of San Rafael.

STRUCTURAL Base fee - 3rd & Lootens - condition assessment w/report ............................................................................................. $4,000 Base fee - 5th & C - condition assessment w/report ........................................................................................................ $4,000 Base fee - 3rd & A - condition assessment w/report ........................................................................................................ $6,500 Base fee - 3rd &C - condition assessment w/report (general review) .............................................................................. $3,000

3 meetings, 2 people plus prepare agendas and notes .................................................................................................... $3,400 3rd & Lootens - ASCE 31 Tier 1 with report; no Tier 2 and no structural repairs ............................................................. $4,300 5th & C - ASCE 31 Tier 1 with report; no Tier 2 and no structural repairs ........................................................................ $4,300 3rd & A - ASCE 31 Tier 1 with report; no Tier 2 and no structural repairs ........................................................................ $5,300 3rd & C - ASCE 31 Tier 1 with report; no Tier 2 and no structural repairs ........................................................................ $3,500

Add for additional old drawings/reports review .............................................................................................................. $1,200 Add for managing subs ..................................................................................................................................................... $1,500 Project Schedules Management .......................................................................................................................................... $600 Corrections related to owner review ................................................................................................................................ $1,000

Sub Total •••••.•.••••••.••......••••••.•••••.••.•••.•.•••••••.••••••.•••••••••••••••.•••••••••••••.••••.•••••••..•••.•••.•••••.••••••.•...•••.•••••••..••.•...•.•.•.•••••• $42,600

SEPARATE ALLOWANCE ASCE 31 - Tier 2 plus conceptual retrofit sketches for report.. ....................................................................................... $15,000 Based on 3 garages @ $5000 each

PRELIMINARY ALTERNATES narrative and some sketches, engineers' analysis of probable cost 3rd & Lootens ................................................................................................................................................................... $1,800 5th & C .............................................................................................................................................................................. $1,800 3rd & A w/seismic ............................................................................................................................................................. $3,200 3rd & C without seismic (2004 garage) ............................................................................................................................. $2,000

Corrections related to owner review ................................................................................................................................ $1,000

Sub Total •••••.•••••.••.•••••.•.••••.•.••••••••••••••.•.••••.•.••••.••.•••.•.•••••.••••••.•.•••••••.••.•.••••••.•••••••.•••••.••••••••.•••••••••••••••.•••..••••.•...••..••• $9,800

Total with the Tier 2 estimate .................................................................................................................................. $67,400

CIVIL Base fee - 3rd & Lootens - condition assessment w/report ............................................................................................. $2,500 Base fee - 5th & C - condition assessment w/report ........................................................................................................ $2,500 Base fee - 3rd & A - condition assessment w/report (no ADA stalls, ramps) ................................................................... $2,000 Base fee - 3rd &C - condition assessment w/report ......................................................................................................... $3,500

PRELIMINARY ALTERNATES narrative and some sketches, engineers' analysis of probable cost 3rd & Lootens ................................................................................................................................................................... $2,800 5th & C .............................................................................................................................................................................. $2,800 3rd & A w/seismic ............................................................................................................................................................. $3,000 3rd & C without seismic (2004 garage) ............................................................................................................................. $3,000

CIVIL TOTAL ............................................................................................................................................................. $22,100

Stcltctncnt of Proposal to City of Sail R,lfcwl liNG rl\i(;I~lI:I:F(iNG SI,.IWICL~>· I'/\W{IN(, SlIZllCHII{I: LJI'GI~/\IJL'lrH:I'I.I\CI'N1ENl STUDY

ALLOWANCES Environmental .................................................................................................................................................................. $2,000 MEP ................................................................................................................................................................................... $8,000

Base fee without Tier 2 Structural Analysis .............................................................................................................. $84,500

Including Tier 2 Structural Analysis .......................................................................................................................... $99,500

Based on current conditions in the RFP, no additional reimbursable costs are anticipated.

Sldt(~ll1cnt of Propos;}llo Cily of San flafael "fINt, nJGINI:U{lflJc; SEHVICES i'AIH(II¥, SIHlICHHH.: UI'G!<AIlUIU:I'LI\CUvlL'NT SI urw

Agenda Item No: .4. f

Meeting Date: May 19, 2014


Department: Public Works

Prepared by: ~~_ - ~ManagerAPprov~~rJfJtidJI Director of Public Worl{S

File No.:OS.02.24S

SUBJECT: MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN RAFAEL AND THE SAN RAFAEL SANITATION DISTRICT ALLOWING A COMBINED PROJECT TO DESIGN AND CONSTRUCT THE H STREET ROADWAY IMPROVEMENT PROJECT


BACKGROUND: Over the last few years the Department of Public Works has presented information to the City Council regarding the condition of the City's drainage system. H Street is one of the older sections of San Rafael with a drainage system dating back to the early 1900's.

The existing drainage system, composed of two 30" corrugated metal pipes, has deteriorated significantly. The bottoms of the culvelis have rotted away completely. Sinkholes are appearing in the roadway. SRSD's sewer main, which services the neighborhoods in the area, is located between these two culverts.

Public Works notified all utilities in October 2013 to examine, and upgrade if necessary, their facilities prior to the City resurfacing the roadway. The existing sewer main must be relocated to repair the drainage system. We propose a combined sanitary and drainage project to minimize disruption to the community and to expedite the reconstruction of the roadway. A Memo of Understanding (MOU) between the City and the San Rafael Sanitation District is needed move forward with a combined project.

ANALYSIS: This MOU will allow both the City and SRSD to utilize one designer and one contractor. San Rafael will take the lead in this project. SRSD will reimburse the City for all design and construction costs associated with installing a new sanitary line and making all neceSSalY connections. Inspection of SRSD facilities will be performed by their staff.

FISCAL IMP ACT: There is no fiscal impact to the City since SRSD will reimburse the City each month for design and construction expenses.

OPTIONS:

FOR CITY CLERK ONLY

File No.: _____________ _




1. The Council can choose to authorize the Director of Public Works Director to sign the Memorandum of Understanding with the San Rafael Sanitation District;

2. The Council may choose to withhold authorization which will result in delaying the drainage repairs and roadway reconstruction project.

ACTION REQUIRED: Adopt Resolution authorizing the Public Works Director to sign the Memorandum of Understanding with San Rafael Sanitation District.

Enclosures: Resolution Memorandum of Understanding

RESOLUTION NO. __ _

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN RAFAEL AND THE SAN RAFAEL SANITATION DISTRICT ALLOWING A

COMBINED PROJECT TO DESIGN AND CONSTRUCT THE H STREET ROADWAY IMPROVEMENT PROJECT

WHEREAS, the City of San Rafael is pursuing the replacement

ofthe storm drain system on H street from Forbes Avenue to 5th Avenue and; and

WHEREAS, the City of San Rafael has notified the San Rafael

Sanitation District of this proposed project in October 2013; and

WHEREAS, the San Rafael Sanitation District's sanitary main is

cunently located between the two storm drain culverts on this street; and

WHEREAS, both the City of San Rafael and the San Rafael

Sanitation District agree that utilizing one designer and one contractor to

perform the sanitary facility relocation as well as the culvert replacement would

expedite the proj ect and would save money; and

WHEREAS, the City of San Rafael is willing to combine the

relocation of the sanitary main on with the drainage and road reconstruction work

into one proj ect;

NOW, THEREFORE, BE IT RESOLVED by the Council of

the City of San Rafael that it approves and authorizes the Public Works Director

to execute the Memorandum of Understanding, as shown in the attached Example

Memorandum of Understanding, in a form approved by the City Attorney with

the San Rafael Sanitation District as stated in the staff report and authorizes the

Public Works Director to take all necessary actions in connection with this

Memorandum of Understanding.

I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby

certify that the foregoing resolution was duly and regularly introduced and

adopted at a regular meeting of the Council of said City on the 19th day of May,

2014, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:


File No.: 08.02.245 .

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN RAFAEL AND THE SAN RAFAEL SANITATION

DISTRICT ALLOWING A COMBINED PROJECT TO DESIGN AND CONSTRUCT THE H STREET ROADWAY IMPROVEMENT

PROJECT

This Memorandum of Understanding (hereinafter "Agreement") is made and entered into this

___ day of ________ , 2014, by· and between the CITY OF SAN RAFAEL

(hereinafter "SAN RAFAEL"), and the SAN RAFAEL SANITATION DISTRICT (hereinafter

"SRSD").

RECITALS

WHEREAS, SAN RAFAEL notified SRSD of the H Street Road Improvement Project in June

2013, and

WHEREAS, SAN RAFAEL will be replacing the existing drainage culvert system on H Street,

and resurfacing the roadway starting in July 2014; and

WHEREAS, SRSD's sanitary main on H Street is located between San Rafael's culverts; and

WHEREAS, SRSD will need to relocate the existing sanitary main to a location on H Street

which is more accessible for maintenance in the future and does not conflict with the existing drainage

system; and

WHEREAS, the plan for the relocation of the sanitary main includes relocation of laterals for

individual properties and the relocation of these laterals will be constructed with the sewer main

relocation; and

WHEREAS, SAN RAFAEL and SRSD desire to develop a combined construction project to

install a new sanitary sewer main, replace the existing deteriorated storm drain system and resurface H

Street (hereafter the "H Street Improvement Project").

1

AGREEMENT

NOW, THEREFORE, the parties hereby agree as follows:

1. PURPOSE OF AGREEMENT.

The purpose of this Agreement is to expedite the relocation and reconstruction of existing

SRSD facilities and the completion of SAN RAFAEL's H Street drainage and resurfacing

improvements by combining all the work into a single project with coordinated design and construction

work and costs. The parties intend that SAN RAFAEL shall administer the contracts for design and

construction of the H Street Improvement Project and SRSD shall reimburse SAN RAFAEL for the

costs of those parts of the project attributable to work associated with SRSD's sanitary sewer

improvements.

2. MOU COORDINATION.

A. SRSD. The District Engineer shall be the representative of SRSD for all purposes under this

Agreement and shall supervise all aspects of the execution of this Agreement.

B. SAN RAFAEL. The Public Works Director shall be the representative of SAN RAFAEL for

all purposes under this Agreement and shall supervise all aspects of the execution of this Agreement.

3. DUTIES OF SAN RAFAEL.

A. SAN RAFAEL shall be responsible for bidding and entering into contracts for and managing

the design and construction of the H Street Improvement Project.

B. SAN RAFAEL shall develop the bid documents for H Street Improvement Project such that

work to be done in connection with SRSD's sanitary system improvements (hereafter the "SRSD

Improvements") is separated from the work to be done in connection with SAN RAFAEL's drainage

and resurfacing project (hereinafter the "SAN RAFAEL Improvements").

C. SAN RAFAEL shall provide SRSD with a monthly invoice of all charges associated with the

SRSD Improvements.

2

D. SAN RAFAEL shall coordinate with and seek approval from SRSD's District Engineer prior to

executing change orders related to the SRSD Improvements.

4. DUTIES OF SRSD.

A. SRSD shall cooperate with SAN RAFAEL staff in their efforts to design and construct the H

Street Improvement Project.

B. SRSD shall expedite all design review and construction change orders, and shall either approve

or deny them such that there is no delay to the H Street Improvement Project on account of SRSD's

reView.

C. SRSD shall approve and sign the plans associated with the SRSD Improvements in a timely

manner prior to bidding.

D. SRSD shall provide inspection oversight of all construction work associated with the

installation of the SRSD Improvements.

E. SRSD agrees to reimburse SAN RAFAEL, within 30 days of receiving an invoice, for design,

construction, and project management fees and expenses associated with the SRSD Improvements in

the H Street Improvement Project.

F. If requested by SAN RAFAEL SRSD shall compensate the contractor directly for fees charged

for work on the SRSD Improvements, within 30 days of receiving a monthly invoice from SAN

RAFAEL.

5. INDEMNIFICATION.

A. SAN RAFAEL shall indemnify, release, defend and hold harmless SRSD, its officers, agents,

employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any

kind, including attorney's fees and administrative costs, arising out of or resulting in any way, in whole

or in part, from any acts or omissions of SAN RAFAEL or SAN RAFAEL's officers, agents and

employees in the performance of their duties and obligations under this Agreement.

3

B. SRSD shall indemnify, release, defend and hold harmless SAN RAFAEL, its officers, agents,

employees and volunteers, against any claim, demand, suit, judgment, loss liability or expense of any

kind, including attorney's fees and administrative costs, arising out of or resulting in any way, in whole

or in part, from any acts or omissions of SRSD or SRSD's officers, agents and employees in the

performance of their duties and obligations under this Agreement.

6. NOTICES.

All notices and other communications required or permitted to be given under this Agreement,

including any notice of change or 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 SRSD:

TO SAN RAFAEL:

San Rafael Sanitation District Doris Toy, District Engineer 111 Morphew Street San Rafael, CA 94901

City of San Rafael Nader Mansourian, Public Works Director 111 Morphew Street San Rafael, CA 94901

7. ENTIRE AGREEMENT - AMENDMENTS.

The terms and conditions of this Agreement represent the entire Agreement of the parties with

respect to the subj ect matter of this Agreement. The terms and conditions of this Agreement shall not

be altered or modified except by a written amendment to this Agreement signed by the SRSD and SAN

RAFAEL.

8. APPLICABLE LAW.

The laws of the State of California shall govern this Agreement.

4

IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and

year first above written.

SAN RAFAEL SANITATION DISTRICT

DORIS TOY District Engineer

ATTEST:

CYNTHIA HERNANDEZ, District Secretary


JACK GOVI, Assistant County Counsel

CITY OF SAN RAFAEL

NADER MANSOURIAN Public Works Director

ATTEST:



ROBERT F. EPSTEIN, City Attorney

5

Agenda Item No: 5.a



Department: Management Services - Parking Services

Prepared by: Jim Myhers, Parking Services City Manager Approva0 /1;f/1-&I,-~e Manager

SUBJECT: CONSIDERATION OF RESOLUTION APPROVING USE OF COMPETITIVE NEGOTIATION BIDDING FOR THE ACQUISITION OF A PAY BY PHONE SYSTEM FOR PARKING METERS AND RELATED PARKING REVENUE CONTROL SYSTEMS

RECOMMENDATION: Staff recommends that the City Council approve the Resolution authorizing the use of Competitive Negotiation Bidding for the acquisition of a pay by phone system for parking meters and related parking revenue control equipment.

BACKGROUND: In 2013, the Council approved the purchase of parking meters that accepted credit cards in addition to coins. The process leading up to Council approval included meetings with the Economic Development Subcommittee and other interested community groups to explain the technological changes that accompanied the new meters and the potential that these next generation credit card meters offered for easing the burden on the downtown parker. Items such as paying the parking meter by cell phone and utilizing smart phone applications to better inform the downtown parker about space availability, parking rates and payment options were discussed. A common theme in those meetings was the request for staff to integrate the pay by phone option as soon as possible after the meter installation.

ANALYSIS: The acquisition of a pay by phone system will require bidding under the City's purchasing ordinance. Because staff desires to evaluate each potential bidder using criteria not solely limited to cost, the recommendation is that competitive negotiation bidding procedures be used instead of sealed bid procedures.

The competitive negotiation bidding procedure requires the solicitation of sealed proposals that are judged by criteria included in the request for proposals. The top three

FOR CITY CLERK ONLY

File No.: -,-__________ _

Council Meeting: ________ _

Disposition: _________ _

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 vendors selected will then participate in competitive negotiations and a winning bidder will be selected. Prior City Council approval is required under San Rafael Municipal Code 2.55.190 in order to use the competitive negotiation bidding process.

FISCAL IMPACT: There is minimal fiscal impact associated with issuing this RFP. Advertisements in major parking trade journals will be taken out in order to inform potential bidders of the solicitation.

Staff anticipates no fiscal impact to the City once a vendor is selected. The pay by phone system is intended to be cost neutral to the City. Any transaction costs associated with utilizing the pay by phone system are designed to be borne by the customer. In addition, the RFP specifically states that any marketing materials promoting this system are the responsibility of the vendor.

ACTION REQUIRED: Adopt the resolution authorizing the use of competitive negotiation bidding procedures for the purchase and installation of a pay by phone system for parking meters and related parking revenue control systems.

Encls.

CITY COUNCIL OF THE CITY OF SAN RAFAEL

RESOLUTION NO. ____ _

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING USE OF A COMPETITIVE NEGOTIATION PROCESS FOR THE PURCHASE OF A

PAY BY PHONE SYSTEM FOR PARKING METERS AND RELATED PARKING REVENUE CONTROL SYSTEMS

WHEREAS, the City of San Rafael operates parking meters and parking revenue control systems in the downtown business district with multiple methods of payment; and

WHEREAS, the City intends to acquire a pay by phone system that will allow users to pay for the parking meters using a mobile device; and

WHEREAS, City staff has concluded that the use of a request for proposals and competitive negotiation process will be more advantageous to the City than the use of competitive sealed bids as the request for proposals will allow staff to analyze and determine which, if any, proposer offers the best solution for a pay by phone system for the parking meters and related revenue control equipment; and

WHEREAS, Section 2.55.190 of the San Rafael Municipal Code requires the CITY COUNCIL to authorize the purchase of equipment or services by competitive negotiation.

NOW, THEREFORE BE IT RESOLVED, that the SAN RAFAEL CITY COUNCIL hereby authorizes the Parking Services Division to issue a request for proposal for the purchase of a pay by phone system for parking meters and related parking revenue control equipment and to use a competitive negotiation process to select the proposal deemed to be most advantageous to the City.

BE IT FURTHER RESOLVED that this Resolution shall take immediate effect upon adoption.

I, ESTHER BEIRNE, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council held on the XXXXXXX, by the following vote, to wit:

AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS:


CITY OF SAN RAFAEL RELEASED: XXXXXXX

PARKING SERVICES PAY By PHONE RFP DUE: XXXXXXXX

City of San Rafael Parking Services Division

Request for Proposal Pay By Cell Phone System at Parking Meters/Revenue

Control Equipment

RFP No.

Due

4:00 P.M .. XXXXXXX

Submittals must include a company name and address on the outside of the sealed proposal.

PARKING SERVICES PAY By PHONE RFP PAGE 1



Table of Contents

1.0 INSTRUCTION TO VENDORS ........................................................................................................ 3

1.1 NOTICE FOR INVITING PROPOSALS ..................................................................................................... 3 1.2 PURPOSE ................................................................................................................................................. 3 1.3 REJECTION OF PROPOSALS .................................................................................................................. 3 1.4 PARTIAL/JOINT PROPOSALS .................................................................................................................. 3 1.5 REQUIRED FORMS AND CERTIFiCATES ............................................................................................... 3

1.5.1 Vendor's Certificate Regarding Workers' Compensation ................................................................... 4 1.5.2 Certificates of Insurance .................................................................................................................... 4

1.6 CONFIDENTIALITY ................................................................................................................................... 4 1.7 PROPOSAL FORMAT ............................................................................................................................... 4 1.8 VENDOR CONDUCT AND QUESTIONS REGARDING THIS RFP .......................................................... 4 1.9 CONTRACT DOCUMENTS ...................................................................................................................... ; 5 1.10 EVALUATION AND SCORING ................................................................................................. , ................ 5 1.11 COST OF PROPOSAL DEVELOPMENT .................................................................................................. 6 1.12 RFP INTERPRETATION AND ADDENDA ................................................................................................. 6 1.13 ACCEPTANCE AND PAyMENT ................................................................................................................ 6 1.14 PRiCES ...................................................................................................................................................... 6 1.15 NEGOTIATIONS ........................................................................................................................................ 7 1.16 AWARD ....................................................................................................................................................... 7 1.17 FINAL CONTRACT .................................................................................................................................... 8 1.18 PERFORMANCE TIMELlNE ...................................................................................................................... 8

2.0 CITY PROFILE ....................................................................... ~ ......................................................... 8

3.0 SYSTEM SPECIFICATIONS ........................................................................................................... 9

3.1 GENERAL .................................................................................................................................................. 9 3.2 CREDIT CARD ........................................................................................................................................ 10

3.3 TRAINING SECIFICATIONS ................................................................................................................... 12 3.4 SYSTEM SECURITY AND BACK-UP PROViSiON ................................................................................. 12

4.0 PROPOSAL FORMAT ................................................................................................................... 13

4.1 VENDOR PROFILE ................................................................................................................................. 13 4.2 SYSTEM SPECIFICATIONS ............................. , ..................................................................................... 13 4.3 COSTS ...................................................................................................................................................... 13 4.4 APPENDiCES .............................................................................................................................. ; ............ 14

Appendix A: City Standard Contract ....................................................................................................... 15

Appendix B: Pricing Proposal ................................................................................................................ 21


CITY OF SAN RAFAEL

RELEASED: XXXXXXX

1.0 INSTRUCTION TO VENDORS

PARKING SERVICES PAY By PHONE RFP

DUE: XXXXXXXX

You are hereby invited to submit a Proposal for the products and services identified herein. This section will describe the submittal requirements and the evaluation process to be used in selecting the finalists.

1.1 NOTICE FOR INVITING PROPOSALS

Notice is hereby given that the City of San Rafael of Marin County (City) invites you (the vendor) to submit a Proposal according to the terms and procedures defined herein no later than XXXXXXXX, at the Office of the City Clerk, City of San Rafael, City Hall, Room 209, 1400 Fifth Avenue, San Rafael, CA 94901 as per the specifications included in this Request for Proposal.

1.2 PURPOSE

The City is requesting proposals for the acquisition of a complete parking pay by phone option for customers utilizing existing on street parking meters and selected revenue control equipment in City's off street parking facilities. In addition to the initial purchase of time, the system would further allow people to purchase additional time on parking meters by mobile device prior to expiration and allow paying customers to receive a message alerting them of an upcoming expired meter at a time determined by the customer. This system must have the ability to transmit payment data to both our current inventory of on street meters/selected off street revenue control equipment and enforcement handhelds utilized by City's Parking Enforcement Officers. The Enforcement Officers currently use Casio Model IT9000E-C25E machines supplied by our citation processor, Data Ticket of Newport Beach, CA.

1.3 REJECTION OF PROPOSALS

The City reserves the right to reject any or all proposals or any part of each proposal; to waive any irregularity in any proposal and to determine which, in its sole judgment, best meets the City's needs. For any products or services not included in the initial contract award, vendor agrees to hold prices as proposed for one (1) year following the initial award unless mutually agreed otherwise in the negotiated final contract.

1.4 PARTIAL/JOINT PROPOSALS

The City is interested in a complete and integrated solution. It is preferred that all services be channeled through a single vendor and all aspects of the project coordinated and managed by that vendor. When third party products or services are used, they should be subcontracted or coordinated through the selected vendor. When subcontracting or coordinating, there must be an established contractual relationship between the vendors.

1.5 REQUIRED FORMS AND CERTIFICATES

The City will require the following insurance documents pursuant to and as more specifically described in the standard agreement attached as Exhibit A.


CITY OF SAN RAFAEL PARKING SERVICES PAY By PHONE RFP

RELEASED: XXXXXXX DUE: XXXXXXXX

1.5.1 Vendor's Certificate Regarding Workers' Compensation The vendor shall maintain Workers' Compensation Insurance as required by statute and shall submit a certificate of such insurance and a copy of an endorsement waiving subrogation claims against the City at final contract signing.

1.5.2 Certificates of Insurance City requires the following levels of coverage:

Commercial General Liability including personal injury and property damage in the amount of $1 ,000,000.

Errors and Omissions in the amount of $1 ,000,000.

Automobile Liability, all automobiles, in the amount of $1,000,000 for combined single limit.

The City shall be named as additional insured on all relevant policies and shall be notified by the insurance carrier of any change in or cancellation of coverage. In addition, the insurance shall be primary with respect to any insurance or coverage maintained by the City and shall not call upon the City's insurance or coverage for any contribution.

1.6 CONFIDENTIALITY

Once a contract is awarded as provided in Section 1.18, all submitted proposals shall be public records subject to public disclosure pursuant to the provisions of the Public Records Act (Government Code Section 6250 et seq.).

1.7 PROPOSAL FORMAT

In making a proposal, vendors shall follow the format described in Section 4 herein. One (1) electronic copy (Adobe Acrobat format on CD or other magnetic media) and two (2) hard copies of the proposal are required. All hard copies should be labeled as follows:

Copy 1: ORIGINAL

Copy 2: EVALUATION

All data shall be clearly and legibly written, preferably typewritten. The original hard copy submittal must be signed by an individual legally able to bind the company. Changes or erasures must be initialed by the individual signing the proposal.

Proposals must be received in sealed envelopes or containers clearly showing the vendor's company name, address and City's RFP Description and Number. No proposals may be withdrawn after submission.

1.8 VENDOR CONDUCT AND QUESTIONS REGARDING THIS RFP

During the RFP window (from release of this RFP to final award), vendors shall submit all questions in writing up until two (2) weeks before submissions are due. However, any such communication shall not be binding on the City. No gratuities of any kind shall be offered to City officers or employees, including meals, gifts, or trips. Violation of these conditions may constitute immediate disqualification.



1.9 CONTRACT DOCUMENTS


DUE: XXXXXXXX

The City's standard contract for goods/services will be used for this procurement. It is attached as Appendix A. Any exceptions to the contract must be noted in the vendor's proposal.

Vendors are required to submit sample contracts for maintenance or support of all proposed items as required herein for City review. City desires a single source for all on-going support. If there are multiple vendors involved, either through joint proposals or sub-contractor provisions, there must be a provision for one vendor to be the primary source for all support such that cooperating vendors can be dispatched by the primary maintenance/support provider. Costs for this provision must be included in the proposed price for maintenance/support specified herein.

1.10 EVALUATION AND SCORING

An evaluation team composed of representatives of the City will evaluate proposals on a variety of quantitative and qualitative criteria. The selected proposal shall provide the most effective approach which meets the City's requirements. The lowest price proposal will not necessarily be selected.

The City reserves the right to reject any or all proposals, or to make no award. The City also reserves the right to require modifications to initial proposals or make partial awards to multiple vendors, and to subsequently follow-up with requests for additional information, including, but not limited to, follow-up interviews.

The criteria upon which the evaluation of the proposals will be based include the following:

Proposal (25 points)

• Completeness and thoroughness of the proposal. All required information must be provided in the format specified.

• The vendor's understanding of the City's purpose, scope and objectives, including the applicability and quality of the vendor's approach.

• Design, capability, and functionality of the proposed system including documentation of PCI compliance.

Costs (10 points)

• Onetime/startup costs. Although the lowest cost proposal may not necessarily be awarded the contract, costs are important evaluation criteria.

• The City anticipates that all per transaction costs will be borne by the customer but all costs, whether to City or customer, should be included in proposal for comparison purposes.

Vendor Experience and Resources (25 points)

• For the references submitted by the vendor and interviewed by the City, the quality, relevance and number of references (3 references needed). References must be of


CITY OF SAN RAFAEL PARKING SERVICES PAY By PHONE RFP RELEASED: XXXXXXX DUE: XXXXXXXX

municipalities of equal or larger population to San Rafael and must currently operate a pay by phone system with at least five hundred parking meters.

III The vendor's ability to successfully configure and implement a system, as demonstrated by similar projects within the past two years. Emphasis will be given to the specific capabilities required by the City.

III The financial stability and resources of the vendor.

Implementation/Project Management/Marketing (25 points)

III Level of assistance to be provided to the City by the vendor during the implementation process.

III Feasibility, timeliness and quality of the implementation schedule proposed.

III Marketing plan proposed by selected vendor to inform all potential users of the capabilities of the pay by phone system.

Training and Documentation (15 points)

III The amount and extent of user training.

III Quality and extent of the documentation to be provided.

III Sufficient computer hardware capable of storing and retrieving data as required in the city's document retention program.

1.11 COST OF PROPOSAL DEVELOPMENT

City shall not bear any financial responsibility for costs incurred by the vendor in responding to this RFP, whether or not the .vendor's proposal is successful, including the costs for bonding, legal costs for any reason, visitation costs, reproduction, postage/mailing and the like.

1.12 RFP INTERPRETATION AND ADDENDA

Any changes, clarifications, or other interpretations regarding this RFP will be made available at the City's Parking Services Office at 1060 0 Street, San Rafael, CA 94901. Registered vendors will be notified whenever updates are published. It is the responsibility of the vendor to obtain and include any Addenda. These Addenda will become part of the RFP and will be included by reference in the final contracts between the vendor(s) and City.

1.13 ACCEPTANCE AND PAYMENT

As stated in Section 1.10, the City reserves the right to choose the proposed system based upon an evaluation of vendor's proposals.

-/' Should any payments be required, no payment will be made until value accrues to City.




,f' Should any payments be required, no payment will be made by the City until the system is in full productive use as proposed.

1.14 PRICES

Prices quoted herein shall be based on the cost of the services provided. Prerequisite requirements must be clearly indicated. Any package discounts for purchasing combinations of services must be specified. The cost evaluations will be based on the service prices, but the City reserves the right to take the appropriate discounts where offered if the terms of the discount are met in the final contracted agreement.

Any published price change after the submission date in this RFP will not be considered in the evaluation and determination of lowest cost. However, once a vendor has been selected as the successful vendor, the City reserves the right to apply the lower of the published prices with the proposed discounts applied or the proposal prices, whichever are lower.

1.15 NEGOTIATIONS

Following the initial submittal of vendors' proposals, the City will determine which proposals represent the best and most complete system value to meet its needs based on the scoring of the evaluation criteria set forth in Section 1.10. Per San Rafael Municipal Code 2.55.210, the three (3) vendors with the highest scores will be selected for negotiation. Negotiations will be conducted individually with each qualified vendor, and each vendor will be invited to submit revised proposals, as their best final offers, on forms that will be provided by the City. No vendor may withdraw a revised proposal after submission.

1.16 AWARD

After negotiations with the three (3) selected vendors, each revised proposal (or original proposal if no revised proposal is submitted) will be ranked based on the scoring of the evaluation criteria set forth in Section 1.10. The highest ranking vendor will be deemed the Preferred Vendor. Any award is subject to successful contract negotiations between the City and the Preferred Vendor. Selection as the Preferred Vendor is not an award and the process will be concluded with the execution of the final agreement. Failure to successfully reach a final agreement with the initial Preferred Vendor wil.1 result in the selection of the next ranking vendor as a new Preferred Vendor.

1.17 FINAL CONTRACT

The following documents are considered part of the final agreement, in order of precedence:

1. The final negotiated scope of services and prices between City and the vendor;

2. All schedules, project descriptions, implementation plans, supplemental product descriptions, price lists, discount structures, etc. developed during the proposal evaluation phase for inclusion in the final agreement;

3. The awarded vendor's proposal in total, including all attachments;



4. This RFP with Appendices and any addenda as issued by the City prior to the opening of proposals.

1.18 PERFORMANCE TIMELINE

The timeline, subject to change only by written agreement, for the complete RFP process is as follows:

RFP Release - Response Window Opens

Proposals Due - Response Window Closes (4:00 P.M.)

Negotiations with Vendors

Preferred vendor selected, contract negotiations

Final contracts/award

System Live Date

2.0 CITY PROFILE

xxxxxxx XXXXXXX

XXXXXXX

XXXXXXX

xxx XXX X

XXXXXXX

San Rafael was incorporated in 1874 and became a charter city in 1913. The City has a council/city manager form of government with Marin's only elected mayor and four elected city council members who serve four-year terms. San Rafael City Hall is located at 1400 Fifth Avenue.

The City of San Rafael occupies 22 square miles, 17 of which are land and 5 are water and tidelands. Low coastal mountains typify the terrain with water frontage on San Pablo Bay, the northern extension of San Francisco Bay. More than 45% of the City's land is vacant, open space, parks, or public lands. It is the urban center and County seat for the County of Marin whose population is 242,188. It is the largest incorporated city in Marin. There are 12 colleges & universities within commuting distance including Dominican College in San Rafael and the Marin Junior College campuses in Kentfield and Ignacio. San Rafael is located one-half hour north of the Golden Gate Bridge on Highway 101.

The Association of Bay Area Governments projects that between the years 1990-2010 San Rafael will experience a job growth rate of 15%. This growth is segmented into mainly manufacturing and wholesale (34%) and services (34%). In addition to High-tech businesses, other major San Rafael employers include banks, hospitals, insurance companies and retailers. The population estimate for San Rafael in 2000 is 55,000. It is projected to grow to over 67,000 at build out.

Additional information about the City of San Rafael can be found on the official City of San Rafael website (www.cityofsanrafael.org).

The City of San Rafael owns and operates thirteen (13) facilities composed of garages and surface lots in the downtown corridor. The City-owned parking facilities play an important part in ensuring that adequate parking is available, and therefore, the proper management of each facility is critical in the City's efforts to meet increasing demand for downtown parking.



All parking services, including parking enforcement, are handled by the City's Parking Services Division, which is part of the Management Services Department headed by the Assistant City Manager. Parking Services staff includes a manager, 6 enforcement officers, 2 administrative staff, and 7 operations staff. The division places considerable emphasis on customer satisfaction.

3.0 SYSTEM SPECIFICATIONS This section of the RFP defines in general terms the intended use or function of the system needed by City's Parking Services. Regardless of the package names used by the vendor, it is the general description of the functions contained herein that specify the intent of the system.

3.1 GENERAL

a. Vendor shall furnish a system capable of accepting payment from customers by mobile phone or other mobile device for the City's new credit card capable parking meters/selected revenue control equipment. System will allow customer to be alerted via text or email at a time determined by customer of an expiring meter and allow for additional time, not to exceed existing time limits, to be purchased by customer for a specific meter. System will be capable of incorporating different rates and time limits that are specified per machine or area.

3.2 CREDIT CARD

a. The vendor shall provide a secure gateway service to provide for secure, encrypted, credit card data transmission to the City's merchant account provider. b. All credit card products shall be PCI PA-DSS compliant and all service providers shall be PCI-DSS Level 1 certified to protect cardholder data. c. Responding proposer must comply with, and be listed as a valid service provider for Visa Cardholder Information Security Program (CISP) and the MasterCard Site Data Protection (SDP) programs. d. All proposing vendors must submit PCI compliance certificates as part of their submission.

3.3 TRAINING SPECIFICATIONS

a. Vendor must provide 1 day of on-site training to City parking operations staff and parking enforcement officers on the operation and functionality of the vendors pay by phone system and software management system at no cost to the City of San Rafael.

b. Vendor must provide marketing materials, customer instruction materials, and ideas to the City for a smooth transition for public users at no cost to the City of San Rafael.

3.4 SYSTEM SECURITY AND BACK-UP PROVISION



Vendor shall maintain management system database and physical system security in such a way as to provide complete confidentiality and protection from unwanted access.

Vendor shall state the efforts taken to protect the data in the event a recovery process is required. Please define the vendor's disaster recovery plan. Data recovery plan should also include off site data storage. Please include and define this backup and recovery process.

Vendor should define the web security used for access, reports, and credit card processing.

4.0 PROPOSAL FORMAT It is the intent of this RFP to ascertain full and complete disclosure of all costs and processes related to the successful implementation of the products and system(s) requested. If there are additional costs or requirements which are not addressed by the information provided, it is the vendor's responsibility to present that information during the proposal window (the time following RFP release and the date the RFP responses are due). Failure to disclose any of these costs in the RFP response may constitute d isq ualification.

All proposals should be submitted in the following format to enable City to fairly evaluate and compare all proposals. Failure to follow this format may constitute disqualification from consideration.

EXECUTIVE SUMMARY

Narrative:

Vendors are asked to outline briefly the entire scope of the proposal and key elements to which readers should pay particular attention.

Section 4.1 VENDOR PROFILE

Narrative:

Vendors may describe in narrative form the nature and history of their company, relationships with other vendors if proposing jointly, etc. Your three (3) references should be included in this section.

Section 4.2 SYSTEM SPECIFICATIONS

Narrative:

Vendors are free to outline and summarize their proposals in narrative form. Specific exceptions to City specifications should be described and justified here as well as any additional information the vendor feels relevant to its proposal.



Section 4.3 COSTS

Narrative:


Vendors must outline all costs associated with the implementation, processing, and support/maintenance of the system addressed in this RFP and are free to summarize their costs in narrative form. Training and documentation should be included in this section.

Section 4.4 APPENDICES

Standard City Agreement

Additional vendor system brochures

Sample vendor contracts




AGREEMENT FOR PROFESSIONAL SERVICES

FOR _______________ _

This Agreement is made and entered into this __ day of ________ " 20_, by and between the CITY OF SAN RAP AEL (hereinafter "CITY"), and ________ _ (hereinafter "CONTRACTOR").

RECITALS

WHEREAS, ; and -----------------------------------

WHEREAS, _____________________________________ _

AGREEMENT

NOW, THEREFORE, the patties hereby agree as follows:

1. PROJECT COORDINATION.

A. CITY'S Project Manager. The 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. is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution.

2. DUTIES OF CONTRACTOR.

CONTRACTOR shall perfOlID the duties and/or provide services as follows:

3. DUTIES OF CITY.




CITY shall pay the compensation as provided in Paragraph 4, and perfOlm the duties as follows:

4. COMPENSATION.

For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR as follows:

Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR.

5, TERM OF AGREEMENT.

The term of this Agreement shall be for ~ year(s) cOlmnencing on _,-----,-----___ _ and ending on . Upon mutual agreement of the parties, and subject to the approval of the City Manager the telm of this Agreement may be extended for an additional period of~ year(s).

6. TERMINATION.

A. Discretionary. Either party may telminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party,

B. Cause. Either party may telminate 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 C0l1'ect the cause of the telmination, 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 telmination, 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 perfOlmance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination.

7. OWNERSHIP OF DOCUMENTS.

The written documents and materials prepared by the CONTRACTOR in connection with the perfOlmance 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. PARKING SERVICES PAY By PHONE RFP PAGE 13

CITY OF SAN RAFAEL

RELEASED: XXXXXXX

8. INSPECTION AND AUDIT.


DUE: XXXXXXXX

Upon reasonable notiCe, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its perfOlmance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection.

9. ASSIGNABILITY.

The patties 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 patiy, 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 telm of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies:

1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollal's ($2,000,000) aggregate, for death, bodily injury, personal injury, or propeliy 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 perfOlms any of the services required to be perfOlmed under this Agreement, a professional liability insurance policy in the minimum amount of two million dollars ($2,000,000) per occurrence/four million dollars ($4,000,000) aggregate, to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. Where CONTRACTOR is a professional not required to have a professional license, CITY reserves the right to require CONTRACTOR to provide professional liability insurance pursuant to this section.

4. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. CONTRACTOR'S worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY.

B. Other Insurance Requirements. The insurance coverage required of the CONTRACTOR in subparagraph A of this section above shall also meet the following requirements:

1. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as PARKING SERVICES PAY By PHONE RFP PAGE 14


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 noncontributory" coverage in CONTRACTOR'S policies shall be at least as broad as ISO form CG20 01 04 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 canier shall not cancel, telminate or otherwise modify the telms and conditions of said insurance policies except upon ten (10) days written notice to the PROJECT MANAGER.

5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years.

6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement.

7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured.

8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater.

C. Deductibles and SIR's. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attomey, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses.

D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT MANAGER or CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy PARKING SERVICES PAY By PHONE RFP PAGE 15



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 CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney.

11. INDEMNIFICATION.

A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONTRACTOR'S performance of its obligations or conduct of its operations under this Agreement. The 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 under this Agreement, CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims.

B. Where the 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, indemnify, release, defend and hold harmless the City Indemnitees from and against any CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such CLAIM which is caused by the sole negligence or willful misconduct of CITY.

C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law.

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 PARKING SERVICES PAY By PHONE RFP PAGE 16



perfOlmance 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 perfOlmance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations.

14. NO THIRD PARTY BENEFICIARIES.

CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party.

15. NOTICES.

All notices and other communications required or pelmitted 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 delivelY, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows:

TO CITY's Project Manager:

TO CONTRACTOR's Project Director:

16. INDEPENDENT CONTRACTOR.

City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560

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. PARKING SERVICES PAY By PHONE RFP PAGE 17



A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the patties with respect to the subject matter of this Agreement.

B. This written Agreement shall supersede any and all prior agreements, oral or written, regat'ding 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 mnendment to this Agreement.

D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY.

E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the tetms and conditions of this Agreement shall control.

18. SET-OFF AGAINST DEBTS.

CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other mnounts.

19. WAIVERS.

The waiver by either party of any breach or violation of any tetm, 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 tetm, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either patty of any fee, perfOlmance, 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 patty of any tetm, condition, covenant of this Agreement or any applicable law, ordinance or regulation. .

20. COSTS AND ATTORNEY'S FEES.

The prevailing patty in any action brought to enforce the terms and conditions of this Agreement, or arising out of the perfOlmance 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 during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal 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 PARKING SERVICES PAY By PHONE RFP PAGE 18



work perfOlmed under this Agreement, until CONTRACTOR has provided CITY with a completed Intemal Revenue Service Fonn W-9 (Request for Taxpayer Identification Number and Certification) .

22. APPLICABLE LAW.

The laws of the State of California shall govem this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as ofthe day, month and year first above written.

CITY OF SAN RAFAEL CONTRACTOR

By: ___________ _ NANCY MACKLE, City Manager

Name: ------------------------

Title: -----------------------

ATTEST:



ROBERT F. EPSTEIN, City Attomey
