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CITY COUNCIL AGENDA ITEM NO. 7

Meeting Date: March 11, 2008

Subject/Title: Adopt a Resolution approving and authorizing the City Manager or designee to execute a Professional Services Agreement with Client First LLC. for the preparation and design of construction documents for Information Technology Systems, Information Systems Infrastructure Project Management, Wireless System selection, and Information Systems Move Planning related to the Civic Center Projects in an amount not to exceed $182,755

Prepared by: Jim Malberg, Assistant Director of Finance & Information Systems

Submitted by: Pam Ehler, Director of Finance & Information Systems


RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager or designee to execute a Professional Services Agreement with Client First LLC for the preparation and design of construction documents for Information Technology Systems, Information Systems Infrastructure Project Management, Wireless System selection, and Information Systems Move Planning related to the Civic Center Projects in an amount not to exceed $182,755

PREVIOUS ACTION
On June 12, 2007, by Resolution No. 2007-126, City Council adopted the Negative Declaration and adopted the 2007/08 - 2011/12 Capital Improvement Program.

On August 14, 2007, by Resolution 2007-190, City Council adopted the Civic Center Master Site Plan and directed staff to continue with the design of the project.

BACKGROUND
Staff desires to engage the services of a consultant to assist in the preparation and design of construction documents for Information Technology Systems, Information Systems Infrastructure Project Management, Wireless System selection, and Information Systems Move Planning related to the Civic Center project. Client First is familiar with the City’s existing Information Systems infrastructure as well as the City’s future needs. They performed similar services related to the new Police Department facility and staff is very satisfied with the results of their work on that project. In addition, Client First wrote the City’s Information Systems Strategic plan that identified and assessed the information technology needs of the City.

The consultant will work in conjunction with other architectural and design professionals on the Civic Center project to ensure that all the needs of the City will be met. In addition, regular coordination meetings will take place to ensure that all Information Technology Systems will integrate into the project and that there is no duplication of effort.




FISCAL IMPACT
The fiscal impact of this agreement is for a total amount of $182,755. The total amount of $182,755 will be allocated as follows:

$102,342.80 for the New City Hall project (CIP No. 337-37205)
$54,826.50 for the New Community Center project (CIP No. 337-37195)
$20,103.05 for the Civic Center Parking Facility project (CIP No. 337-37196)
$5,482.65 for the City Park project (CIP No. 352-52406)

The funds for this work are included in the adopted 2007/08-2011/12 Capital Improvement Program, which includes the Civic Center projects. The funding sources for all of the Civic Center projects are from Development / Assessments (59.2%), General Fund (22.3%) and Redevelopment (18.5%).

Attachments:
Resolution
Client First, LLC. Professional Services Agreement
Exhibit A – Scope of Services

RESOLUTION NO.

A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CLIENT FIRST, LLC. FOR THE PREPARATION AND DESIGN FOR CONSTRUCTION DOCUMENTS OF INFORMATION TECHNOLOGY SYSTEMS, INFORMATION SYSTEMS INFRASTRUCTURE PROJECT MANAGEMENT, WIRELESS SYSTEM SELECTION, AND INFORMATION SYSTEMS MOVE PLANNING RELATED TO THE CIVIC CENTER PROJECT (THE “PROJECT”) IN AN AMOUNT NOT TO EXCEED $182,755.


WHEREAS, on June 12, 2007, by Resolution No. 2007-126, City Council adopted the Negative Declaration and adopted the 2007/08 - 2011/12 Capital Improvement Program; and

WHEREAS, On August 14, 2007, by Resolution 2007-190, City Council adopted the Civic Center Master Site Plan and directed staff to continue with the design of the project; and

WHEREAS, staff desires to engage the services of a consultant to assist in the preparation and design of construction documents of Information Technology Systems, Information Systems Infrastructure Project Management, Wireless System selection, and Information Systems Move Planning related to the Civic Center project.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Brentwood hereby approves and authorizes the City Manager or designee to execute a Professional Services Agreement with Client First LLC. for the preparation and design of construction documents for Information Technology Systems, Information Systems Infrastructure Project Management, Wireless System selection, and Information Systems Move Planning related to the Civic Center Projects in an amount not to exceed $182,755.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 11th day of March 2008 by the following vote:


AGREEMENT FOR THE PREPARATION AND DESIGN OF CONSTRUCTION DOCUMENTS OF INFORMATION TECHNOLOGY SYSTEMS, INFORMATION SYSTEMS INFRASTRUCTURE PROJECT MANAGEMENT, WIRELESS SYSTEM SELECTION, AND INFORMATION SYSTEMS MOVE PLANNING
Client First Consulting Group, LLC

THIS AGREEMENT is made and entered into as of the _____ day of __________________, 2008, by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and Client First Consulting Group, a California Limited Liability Corporation (LLC) ("Consultant") (each a “Party” and collectively, the “Parties”).
RECITALS
A. City requires the professional services of a consultant that is experienced in the preparation and design of construction documents of Information Technology Systems, Information Systems Infrastructure Project Management, Wireless System selection, and Information Systems Move Planning related to the Civic Center (the “Project”)

B. Consultant has the necessary professional skills and experience necessary to perform the services described in this Agreement.

C. City desires to engage Consultant to provide these services by reason of its qualifications and experience in performing such services

D. Consultant has submitted a proposal to City and has affirmed its willingness and ability to perform such work on the terms and manner set forth in this Agreement.

NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as follows:

1. Scope of Work.

1.1 City retains Consultant to perform, and Consultant agrees to render, those services (the "Services") that are described in the attached Exhibit "A," which is incorporated by this reference, pursuant to this Agreement’s terms and conditions.

1.2 Consultant will be responsible for the professional quality, technical accuracy and coordination of the Services. Consultant will, without additional compensation, correct or revise any errors or deficiencies in the Services.

1.3. Consultant will keep City informed on a regular basis that the Services are being performed in accordance with the requirement and intentions of this Agreement.

1.4 If applicable, Consultant has designated those persons listed in Exhibit “A” to provide the Services to the City. Consultant will not change or reassign those persons described in Exhibit “A” without prior written notice to City, and will not replace those individuals with individuals to whom City has a reasonable objection.

2. Standard of Performance. Consultant acknowledges that in entering into this Agreement the City is relying on Consultant's special skills and experience to do and perform the Services in accordance with best standards of professional practice. While performing the Services, Consultant will exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the Northern California area. The acceptance of the Services by City does not release Consultant from these obligations.

Consultant will be responsible for employing or engaging all persons necessary to perform the Services. All of Consultant's staff will be qualified by training and experience to perform their assigned tasks. Consultant will give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and subcontractors, if any, and will keep the Services under its control. On demand of City, if any employee or subcontractor of Consultant fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, he or she will be discharged immediately from the Services.

3. Term. Unless earlier terminated, the term of this Agreement will commence upon the date first above written and will expire upon completion of the Services by Consultant.

4. Schedule. Consultant will generally adhere to the schedule set forth in Exhibit “A” provided, that City will grant reasonable extensions of time for the performance of the Services occasioned by unusually lengthy governmental reviews of Consultant’s work product or other unavoidable delays occasioned by unforeseen circumstances; provided, further, that such unavoidable delay will not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Consultant’s officers or employees.

Consultant acknowledges the importance to City of City’s project schedule and agrees to put forth its best professional efforts to perform the Services in a manner consistent with that schedule. City understands, however, that Consultant’s performance must be governed by sound practices. Consultant will work such overtime or engage such personnel and equipment as necessary to maintain the schedule, without additional compensation.

5. Compensation.

5.1 The total fee payable for the Services to be performed during the term of this Agreement will be a not to exceed amount of One Hundred Eighty Two Thousand Seven Hundred Fifty-Five dollars ($182,755) as may be further specified in the attached Exhibit “A.” No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the Services.

5.2 Payment will occur only after receipt by City of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City.

5.3 Within thirty (30) days after receipt of any applicable progress payment request, City will verify the accuracy of the request, correct the charges where appropriate, and make payment to Consultant in an amount equal to the amount of such application, as verified or corrected by City. No payment made prior to completion and acceptance of the Services will constitute acceptance of any part of the Services. City reserves the right to withhold payment from Consultant on account of Services not performed satisfactorily, delays in Consultant's performance of Services, or other defaults hereunder.

6. Status of Consultant. Consultant will perform the Services in Consultant's own way and pursuant to this Agreement as an independent contractor and in pursuit of Consultant's independent calling, and not as an employee of City. The persons used by Consultant to provide the Services under this Agreement will not be considered employees of City for any purposes.

The payment made to Consultant pursuant to the Agreement will be the full and complete compensation to which Consultant is entitled. City will not make any federal or state tax withholdings on behalf of Consultant or its agents, employees or subcontractors. City will not pay any workers' compensation insurance, retirement contributions or unemployment contributions on behalf of Consultant or its employees or subcontractors. Consultant agrees to indemnify and pay City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Consultant or any agent, employee, or contractor of Consultant for work done under this Agreement. At the City’s election, City may deduct the amounts paid pursuant to this Section, from any balance owing to Consultant.

7. Subcontracting. Consultant's services are unique and personal. Except as may be specified in Exhibit “A”, Consultant will not subcontract any portion of the Services without prior written approval of City Manager or his/her designee. If Consultant subcontracts any of the Services, Consultant will be fully responsible to City for the acts, errors and omissions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Consultant and City. Consultant will be responsible for payment of subcontractors. Consultant will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Consultant's work unless specifically noted to the contrary in the subcontract and approved in writing by City.

8. Other Consultants. The City reserves the right to employ other consultants in connection with the Services.

9. Indemnification. Consultant will hold harmless, defend and indemnify City, its officers, agents, volunteers and employees from and against any and all claims, demands, costs or liability including attorney fees arising out of or in any way connected with the performance of this Agreement, caused in whole or in part by any act or omission of the Consultant, any of its subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except to the extent caused by the active negligence, sole negligence, or willful misconduct of City.

10. Insurance. Consultant will obtain and maintain, at its cost and expense, for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the Services by Consultant or Consultant’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-VII."

10.1 Coverages and Limits. Consultant will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager, in consultation with the City Attorney approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Consultant's indemnification obligations under this Agreement. City, its officers, agents, volunteers and employees make no representation that the limits of the insurance specified to be carried by Consultant pursuant to this Agreement are adequate to protect Consultant. The coverage will contain no special limitations on the scope of its protection to the above-designated insureds except for Workers Compensation and errors and omissions insurance. Consultant will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. If Consultant believes that any required insurance coverage is inadequate, Consultant will obtain such additional insurance coverage, as Consultant deems adequate, at Consultant's sole expense.

10.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit.

10.1.2 Automobile Liability. $1,000,000 combined single-limit per accident for bodily injury and property damage.

10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Consultant has no employees and provides, to City's satisfaction, a declaration stating this.

10.1.4 Professional Liability. Errors and omissions liability appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim.

10.2 Endorsements. For Commercial General Liability Insurance and Automobile Liability Insurance, Consultant will ensure that the policies are endorsed to name the City, its officers, agents, volunteers and employees as additional insureds. Prior to City's execution of this Agreement, Consultant will furnish certificates of insurance and endorsements to City.

10.3 Cancellation. Insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent pursuant to the notice provisions of this Agreement.
10.4 Failure to Maintain Coverage. If Consultant fails to maintain any of these insurance coverages, then City will have the option to declare Consultant in breach of this Agreement, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Consultant is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Consultant or deduct the amount paid from any sums due Consultant under this Agreement.

10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements.

10.6 Primary Coverage. For any claims related to the Services and this Agreement, the Consultant’s insurance coverage will be primary insurance with respect to City, its officers, agents, volunteers and employees. Any insurance or self-insurance maintained by City for itself, its officers, agents, volunteers and employees, will be in excess of Consultant’s insurance and not contributory with it.

10.7 Reduction in Coverage/Material Changes. Consultant will notify City in writing pursuant to the notice provisions of this Agreement thirty (30) days prior to any reduction in any of the insurance coverage required pursuant to this Agreement or any material changes to the respective insurance policies.
10.8 Waiver of Subrogation. The policies shall contain a waiver of subrogation for the benefit of City.

11. Business License. Consultant will obtain and maintain a City of Brentwood Business License for the term of the Agreement, as it may be amended from time-to-time.

12. Maintenance of Records. Consultant will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Consultant will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Consultant will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

13. Ownership of Documents.

13.1 All product produced by Consultant or its agents, employees, and subcontractors pursuant to this Agreement (the “Work Product”) is the property of City. In the event this Agreement is terminated, all Work Product produced by Consultant or its agents, employees and subcontractors pursuant to this Agreement will be delivered to City pursuant to the termination clause of this Agreement. Consultant will have the right to make one (1) copy of the Work Product for Consultant’s records.

13.2 The Work Product may be used by City and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes City may deem advisable, without further employment of or payment of any compensation to Consultant; provided, however, that if this Agreement is terminated for any reason prior to completion of the Project and if under such circumstances City uses, or engages the services of and directs another consultant to use, the Work Product, City agrees to hold Consultant harmless from any and all liability, costs, and expenses relative to claims arising out of matters and/or events which occur subsequent to the termination of this Agreement as a result of causes other than the fault or negligence of Consultant, or anyone for whose acts it is responsible, in preparation of the Work Product. Consultant will not be responsible for deficiencies solely attributable to modifications of the Work Product performed by others, or that arise from use of the Documents in connection with a project or site other than that shown in the Work Product.

14. Copyrights. Consultant agrees that all copyrights that arise from the Services will be vested in City and Consultant relinquishes all claims to the copyrights in favor of City.

15. Confidentiality. All documents, reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of the Services pursuant are confidential until released by the City to the public, and the Consultant will not make any of these documents or information available to any individual or organization not employed by the Consultant or the City without the written consent of the City before any such release.

16. Notices. Any notices relating to this Agreement shall be given in writing and shall be deemed sufficiently given and served for all purposes when delivered personally, by facsimile or by generally recognized overnight courier service, or five (5) days after deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, addressed as follows:

For City:

City of Brentwood
150 City Park Way
Brentwood, CA 94513
Phone No. (925) 516-5408 Facsimile No. (925) 516-5401
Attn: Jim Malberg, Assistant Director of Finance & Information Systems For Consultant:

Client First Consulting Group
1701 Via Valmonte Circle
Corona, CA 92881
Phone No.: (951) 734-4255
Facsimile No.: (888) 478-0494
Attn: David Krout, Principal

Either Party may change its address for purposes of this section by giving the other Party written notice of the new address in the manner set forth above.

17. Conflicts of Interest.

17.1 City will evaluate Consultant’s duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City’s Conflict of Interest Code is required of Consultant or any of Consultant’s employees, agents, or subcontractors. Should it be determined that disclosure is required, Consultant or Consultant’s affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700.

17.2 Consultant understands that its professional responsibility is solely to City. Consultant warrants that it presently has no interest, present or contemplated, and will not acquire any direct or indirect interest, that would conflict with its performance of this Agreement. Consultant further warrants that neither Consultant, nor Consultant’s agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Consultant will file with the City an affidavit disclosing this interest. Consultant will not knowingly, and will take reasonable steps to ensure that it does not, employ a person having such an interest in the performance of this Agreement. If after employment of a person, Consultant discovers that it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant will promptly disclose the relationship to the City and take such action as the City may direct to remedy the conflict.

18. General Compliance with Laws. Consultant will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Consultant, or in any way affect the performance of the Services by Consultant. Consultant will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of the Services with all applicable laws, ordinances and regulations.

19. Discrimination and Harassment Prohibited. Consultant will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment.

20. Termination. In the event of the Consultant's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Consultant in writing pursuant to the notice provisions of this Agreement. Consultant has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Consultant has performed which is usable and of worth to City in having the Agreement completed.
Based upon that finding City will determine the final payment of the Agreement. In the event City elects to terminate, City will have the right to immediate possession of all Work Product and work in progress prepared by Consultant, whether located at the project site, at Consultant's place of business, or at the offices of a subconsultant.

Either Party, upon tendering thirty (30) calendar days written notice to the other Party, may terminate this Agreement for convenience. In this event and upon request of City, Consultant will assemble the work product without charge and put it in order for proper filing and closing and deliver it to City. Consultant will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made.

21. Covenants Against Contingent Fees. Consultant warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to terminate this Agreement for nonperformance, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.

22. Claims And Lawsuits. By signing this Agreement, Consultant agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Consultant acknowledges that if a false claim is submitted to City by Consultant, it may be considered fraud and Consultant may be subject to criminal prosecution. Consultant acknowledges that California Government Code sections 12650 et seq., the False Claims Act, applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Consultant acknowledges that the filing of a false claim may subject Consultant to an administrative debarment proceeding as the result of which Consultant may be prevented to act as a Consultant on any public work or improvement for a period of up to five (5) years. Consultant acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement.

23. Dispute Resolution. Should any dispute arise out of this Agreement, either Party may request that it be submitted to mediation. The Parties will meet in mediation within thirty (30) days of a request. The cost of mediation will be borne equally by the Parties. Neither Party will be deemed the prevailing party. No Party will be permitted to file a legal action without first requesting mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator will last until agreement is reached by the Parties but not more than sixty (60) days, unless the maximum time is extended by the parties.

24. Jurisdiction, Venue and Governing Law. Any action at law or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of Contra Costa, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county. This agreement will be governed by the laws of the State of California.

25. Testimony. Consultant will testify at City's request if litigation is brought against City in connection with Consultant's services under this agreement. Unless the action is brought by Consultant, or is based upon Consultant's actual or alleged negligence or other wrongdoing, City, upon prior written agreement with Consultant will compensate Consultant for time spent in preparation for testimony, testimony, and travel at Consultant's standard hourly rates at the time of actual testimony.

26. Successors and Assigns. It is mutually understood and agreed that this Agreement will be binding upon the Parties and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Consultant without the prior written consent of City, which will not be unreasonably withheld.

27. Section Headings. Section headings as used in this Agreement are for convenience only and will not be deemed to be a part of such sections and will not be construed to change the meaning of the section.

28. Waivers. The waiver by either Party of any breach or violation of any term, covenant, or condition of this Agreement or of any applicable law will not be deemed to be a waiver of such term, covenant, condition or law or of any subsequent breach or violation of same or of any other term, covenant, condition or law. The acceptance by either Party of any fee or other payment which may become due under this Agreement will not be deemed to be a waiver of any preceding breach or violation by the other Party of any term, covenant, or condition of this Agreement or any applicable law.

29. Entire Agreement. This Agreement, together with any other written document referred to or contemplated by it embody the entire Agreement and understanding between the parties relating to the subject matter of it. The City Manager is authorized, in consultation with the City Attorney, to agree to non-material amendments to this Agreement. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties.

30. Authority. The individuals executing this Agreement and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Agreement.

31. Severability. If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.

CONSULTANT:


* By:

Printed Name:

Title:


** By:

Printed Name:

Title:

CITY:


By:
Donna Landeros, City Manager


ATTEST:


By:
Margaret Wimberly, City Clerk


APPROVED AS TO FORM:


By:
Damien Brower, City Attorney

If required by City, proper notarial acknowledgment of execution by Consultant must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups.
*Group A. **Group B.
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.

EXHIBIT “A”

SCOPE OF SERVICES

Itemized List of what Consultant will do for City and at what price and schedule and name(s) of designated persons.

The following is our understanding of the detailed scope of work for which ClientFirst will be responsible on the project.
Scope of Work - Civic Center Structured Cabling System Design
• The telecom design documents associated with structured cabling infrastructure design will include a narrative section for the architects report in the DD phase. This narrative will define the structured cabling system components, requirements, and telecom outlet/jack densities by building space type. In addition, the electrical and mechanical requirements in the BDF, MDF, and IDFs space will be defined for the MEP team. It is our understanding that LPA Architects has completed the SD design phase and is beginning the Design Development phase in December 2007 with DD completion in April 2008. The Construction document phase will follow the City Councils approval of the Design Development Drawings. The Construction Document phase will be completed in August 2008. In the Construction Document phase, there will be two progress printings- 50% CD and 100% CD. In the Construction Document phase, the communications outlets floor plans, enlarged plans, City MDF, Building BDF and IDFs plans, IDF, BDF and MDF elevations, diagrams, details, and schedules will be developed. The telecom Drawings will use the LPA Architects DD and CD documents as a background.
• The structured cabling infrastructure design will adhere to the latest EIA/TIA 568B standards and will also utilize material and performance requirements from the City of Brentwood Cabling Standards documents. We anticipate a Category 6 Structured cabling system with a Specification that includes three complete cabling solution manufacturers/systems. In addition, ClientFirst utilize the NEC and NFPA codes with respect to cable fill ratios and fire stopping requirements. It is our understanding that the structured cabling infrastructure is required to support IEEE 802.3z Gigabit Ethernet. ClientFirst and IDA are quite familiar with these requirements.
• The new Civic Center will consist of two buildings, plus a parking structure. The City Hall core building will be three stories and 55,000 GSF with a 7500 GSF wing for council chambers. The Community Center Building will be a two story, 33,000 GSF building. Both buildings will be steel framed with Concrete/ Metal Pan Decks. Typical deck to deck height is 16 feet. The 33,000 GSF Community center will have one combined BDF/IDF on the ground floor with a cable pass through closet on the 2nd floor. The City Hall will have a City wide secondary MDF on the Second Floor with IDFs on the 1st and 3rd floors and a MPOE on the ground floor. The IDFs may be able to be consolidated to the 2nd floor with cable pass throughs on the 1st and 3rd floors. This consolidation would reduce capital construction cost and ongoing operating cost. The primary design parameter for IDF quantity and location in this size facility is that all station cable lengths be kept at a maximum length of 295 feet. The equipment racks, cable trays, fiber optic troughs, and cable management systems will be designed for the telecom rooms MDF, BDF and IDFs as well as cable pass through closets. The HVAC and electrical loads will be defined for the design team electrical engineers. Mechanical HVAC equipment as well as electrical circuiting and lighting will be shown on the mechanical and electrical drawings. The MDF is intended to provide a back-up to the existing data center that is several City Blocks south of the Civic Center complex and interconnected by City owned fiber optic cabling.
• ClientFirst will coordinate the intra-building communications pathways to be shown on the electrical drawings and provide requirements to LPA Architects and the design team electrical engineers with regards to sizing, bend radiuses, and routing.
• ClientFirst will coordinate the inter-building communications pathways to be shown on the civil drawings and will provide requirements to LPA Architects and the design team civil engineers, BKF, with regards to sizing, bend radiuses, and routing. ClientFirst and IDA have developed a 02570 specification section for underground telecommunications structures that will be provided as a part of our technical specifications for the telecom site work. BKF is quite familiar with this specification section and our design protocols related to Outside Plant as our firms have worked together on similar projects over the past ten years.
• Communications outlet/faceplate types, horizontal structured cabling, and outlet/faceplate details for the various user areas of the buildings will be coordinated with the electrical engineer with respect to back boxes and floor boxes. ‘T’ series drawings will show all Telecom Faceplates and station cable compliments overlaid on the architect’s floor plans.
• A communications backbone cabling system will be designed between the IDFs, BDFs, and the MDF for telephone and network connectivity. The backbone cabling system will typically consist of multi-pair copper cabling, multimode and single mode fiber optic cabling, and innerducts to support the fiber optic cabling.
• Cable termination details for the IDFs, BDF, and MDF will be provided, as well as terminal block elevations and fiber optic panel elevation layouts.
• ClientFirst will provide input to LPA Architects in developing a bid form for the bidding of the structured cabling and Telecom room build-out work. ClientFirst and IDA will provide assistance in reviewing bids and responding to the Owners questions regarding the bids.
• ClientFirst will provide Construction Administration services on a Time and Material basis during the construction of the structured cabling system at the Civic Center project.


Brentwood Civic Center Structured Cabling System
Work Plan Total Billable Hours Total Fees


Phase 1 - Design Development 121 $ 22,000
Phase 2 - Construction Documents 443 $ 36,760
Phase 3 - Bid Documents 58 $ 7,350
Phase 4 - Construction Admin & Record Docs 0 $ -
Totals Hours 622

Estimated Consulting Fees $ 66,110
Expenses $ 4,410
Printing and Plotting $ 4,675
Grand Total Fees and Expenses $ 75,195


Scope of Work - Civic Center Information Technology Planning Project Management

The City has requested that ClientFirst assist the City with information technology (IT) related planning, project management, and contract administration for systems that will become a part of the planned Civic Center. Our assistance will provide City information systems staff with additional project structure and provide enhanced communications between the various organizations working on the Civic Center project. The project plan for IT related items will be regularly maintained by ClientFirst and integrated into the overall design and construction project plans for the Civic Center.

The areas of information technology that are expected to be incorporated into the IT Project Plan include:

• Telecommunications; including points of entrance, telephone systems, intercom and paging systems.

• Data Networking; including network design to support all systems, vendor selection and system installation and integration.

• Cable design; including all cable pathways and cable drops, main computer rooms, telecommunications closets and cable TV.

• Remote Building connectivity; including fiber optic cable terminations and wireless as appropriate.

• Wireless Mesh; including internal and external wireless design and integration to cover the entire Civic Center campus.

• IT Critical systems replication and redundancy; including strategy development, technical guidance and design and implementation

• Move Planning; including strategy development and integration of the detailed move plan into the overall IT Project Plan.


Work Plan

To fulfill the information technology project planning needs of the project, the following work steps are required:

• ClientFirst will work with the architect and construction management team to understand all appropriate milestone project dates. These project dates will be organized into a project plan. Specific tasks and schedule dates will then be developed and assigned to meet the project milestone dates.

• The project milestone dates, tasks and scheduled dates will be incorporated into IT project plans that can be used to track all due dates and deliverables. These plans


• Can then be integrated into higher level project plans created and maintained by the Architect and the Construction Manager.

• When the plans have been created by ClientFirst, we will review the plans, tasks and schedule dates with interested parties, including but not limited to, City of Brentwood staff, the Architect, the Construction Management team and appropriate vendors.

• Based on the plan reviews and comments, we will then revise the project plans as appropriate to fully meet the needs of the City and the design and construction effort.

• As a part of the planning effort and to better understand requirements, the work plan includes physical attendance at up to ten (10) critical construction meetings throughout the process. Often, we will be attending these meeting through teleconference.

• Once the initial plan has been created, reviewed and agreed upon by all parties, ClientFirst will continue to maintain the plan and update it as appropriate. Project plans usually will expand over time as additional details are uncovered and require attention, we will capture these items and update the plan accordingly.

An updated plan will be issued to all interested parties on a weekly basis or as requested throughout the design and construction process.

• As IT project manager, ClientFirst will follow up regularly with all Brentwood staff, vendors and consultants that have action items included in the plan. These follow ups will assist in keeping the plan current and will also help to give tasks the proper visibility and priority. Should tasks begin to fall behind schedule, ClientFirst will work with the responsible parties to maintain the schedule as appropriate. We will expedite tasks if necessary and request additional resources when required.

• As a part of the follow up process, and to maintain consistency through the project, we expect to host a weekly project meeting including necessary IT team members and Civic Center project management personnel. This project meeting will include a summary of accomplishments from the last period, tasks requiring completion in the next period and a discussion of any outstanding issues.



Below we have included a table that outlines our fees for assistance with the issues described above. Should any additional services be requested, the hourly rate for performing those services will be $150.

Civic Center Project Management Work Plan Total Billable Hours Tom
Phase 1: Develop Project Plan
1 Gather milestone project dates 2.0 2.0
2 Create project plan (all IT projects) 16.0 16.0
3 Review plan with consulting team, Project Mgr, IS 8.0 8.0
4 Modify plan accordingly 8.0 8.0
5 Initial construction meetings 16.0 16.0
6 Ongoing follow up 156.0 156.0
7 Weekly conference calls IS & City Project Mgr 104.0 104.0
8 Weekly updates to project plan 52.0 52.0
9 Critical construction meetings 64.0 64.0
Totals by Consultant 426.0 426.0
Hourly Rates $150
Total Consulting $63,900

Total Travel $11,517

Grand Total $75,417



Scope of Work - Civic Center Wireless System Selection and Oversight

The City has requested that ClientFirst provide detailed assistance in the design, selection and project oversight of a campus wide wireless mesh network for the Civic Center area. The area to be covered by the wireless mess will encompass all structures and park spaces that make up the Civic Center campus, including internal and external spaces. The wireless mesh network will be used by City staff, the public and Civic Center systems to transmit electronic data digitally.

Work Plan

To fulfill the Civic Center move information technology project planning needs of the project, the following work steps are required:

• Develop Project Budget - ClientFirst will work with City staff to develop project budgets and properly set expectations for the wireless mesh network. Project budgets will include all hardware, software and installation and maintenance services for the wireless mesh project.

• Discuss Initial Design – As we create the project budget, we will be making specific design decisions based on our understanding for City needs. We will discuss these design decisions with the IS staff and modify as appropriate.

• Develop Request For Proposal – Based on our initial design and project budgeting, we will prepare a Request For Proposal (RFP) for a wireless mesh system for the City.

• Conduct Pre-Proposal Meeting – As a part of the RFP process, we will work with the City to host a Pre-Proposal meeting. At the Pre-Proposal meeting, potential vendors will be able to tour the site and ask specific questions about the implementation to all them to refine their proposals.

• Answer RFP Questions – During the RFP process, we will be available to City staff to assist in answering questions related to the RFP.

• RFP Scoring – ClientFirst technical representatives will participate with the City in scoring RFP responses. We will also assist in coordinating scoring efforts and summarizing results.

• Finalist Interview and Due Diligence – When scoring as been completed and finalists have been identified, we propose to assist the City in conducting reference checks and coordinating site visits.

• Implementation Oversight – We expect to provide project oversight during the implementation to assure a high quality system is installed and tested by the selected vendor.

• Onsite Inspection and Testing – Once the installation is complete, we will conduct a detailed inspection of the workmanship and functionality of the system. We will

• Review all settings and conduct a security review of the installation to validate that the system meets Brentwood’s needs.

Below, we have included a table that outlines our fees for assistance with the issues described above. Should any additional services be requested, the hourly rate for performing those services will be $150.

Civic Center Wireless Work Plan Total Billable Hours Tom Pete

1 Create initial BOM - wireless 9.0 1.0 8.0
2 Budgets - wireless 6.0 4.0 2.0
3 Review Brentwood software selections and discuss 5.0 1.0 4.0
4 Discuss recommendations with IS 4.0 2.0 2.0
5 Develop RFP 24.0 16.0 8.0
6 Pre-bid Meeting 8.0 - 8.0
7 RFP Q&A 4.0 2.0 2.0
8 Analyze responses 8.0 4.0 4.0
9 Coordinate scoring of responses 4.0 4.0 -
10 Finalist interview and due diligence 10.0 2.0 8.0
11 Selection letter to Brentwood 2.0 2.0
12 Assist with installation 8.0 4.0 4.0
13 Onsite inspection of installation and testing 16.0 - 16.0
Totals by Consultant 108.0 42.0 66.0
Total Consulting $16,200 $150 $150
Total Travel $3,141
Grand Total $19,341













Scope of Work - Civic Center IT Move Planning – Project Management

The City has requested that ClientFirst provide detailed assistance for the City’s information technology (IT) related plans to physically move into the new Civic Center. Our assistance will provide City information systems staff with additional project structure and provide enhanced communications between the various organizations working on Civic Center move related issues. The project plan for IT related items will be regularly maintained by ClientFirst and can be integrated into a move plan for the various functions moving into the Civic Center.

The areas of responsibility within information technology for the move to the Civic Center include:

• Telecommunications; including telephone systems, telephone sets and telephone numbers.

• Data networking hardware and software; including potentially LAN equipment and servers.

• Desktop equipment; staff PCs, printers, copiers, faxes and other ancillary technology.

• Council Chambers equipment; including voting systems, presentation devices, and audio/visual network connectivity.

Work Plan

To fulfill the Civic Center move information technology the planning needs of the project, the following work steps are required:

• Develop Strategy - ClientFirst will work with City staff to develop move strategies for the items included in the Scope of Work. Strategies will include, move timing, expected downtime, equipment replication and determination of overall resource requirements and what outsourcing may be required.

• Initial Plan Creation – Based on the move strategies ClientFirst and the City have defined, ClientFirst will create an initial project plan that outlines the necessary steps to move the various information technology items.

• Plan Review – Following move plan creation, we will review the plans, tasks and schedule dates and times with City staff. We will point out any areas of risk and/or any items that might cause a decrease in City services to those reviewing the plan and suggest possible mitigation techniques.

• Expand Move Plan – Once we have agreed on the move strategies, the plan will be expanded to include additional detailed tasks. Detailed task responsibility, timing and duration will be documented.

• Plan Walk Through – Prior to implementing the plan, we propose to conduct a move walk through with the IS staff. The walk through will review responsibilities, clarify task completion reporting and identify any weaknesses in the move plan.

• Move Oversight – During the move weekend, we propose to provide direct oversight of the physical move. During the move, we will maintain the plan, track all tasks and expedite any issues that may arise. Following the move, we will conduct a complete Civic Center walk through with Brentwood staff.

• Document Post-Move Issues – Utilizing the results of the post-move walkthrough and the task lists, we will document all post-move IT related action items and if necessary track them to completion.

Below, we have included a table that outlines our fees for assistance with the issues described above. Should any additional services be requested, the hourly rate for performing those services will be $150.


Civic Center IS Move Planning Total Billable Hours Tom
Phase 1: Develop Project Plan
1 Mtg to discuss steps 8.0 8.0
2 Create initial project plan & move estimates 8.0 8.0
3 Review plan with IS 2.0 2.0
4 Fill in plan details with help from IS 16.0 16.0
5 Dry run walk through with staff 4.0 4.0
6 Oversee plan on move weekend 24.0 24.0
7 Document post move issues 4.0 4.0
Totals by Consultant 66.0 66.0
Hourly Rates $150
Total Consulting $9,900

Total Travel $2,902

Grand Total $12,802


 
City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov