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HomeMy WebLinkAboutPW Fire Station 54 & 55 Engineering ServicesAGREEMENT FOR PROFESSIONAL SERVICES WITH BKF ENGINEERS FOR ENGINEERING SERVICES This Agreement is made and entered into this JC� day of June , 2019, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and BkF ENGINEERS, a California corporation (hereinafter "CONSULTANT"). RECITALS WHEREAS, the CITY has determined that professional engineering services are required to provide engineering surveying services for the plan development of the CITY's Fire Station 54 and 55 Renovation project; and WHEREAS, the CONSULTANT has agreed to render such services; AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: PROJECT COORDINATION. A. CITY'S Project Manager. The Director of Public Works is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONSULTANT'S Project Director. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Jason Kirchmann is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONSULTANT shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONSULTANT. CONSULTANT shall perform the duties and/or provide the services described in CONSULTANT'S Proposal dated May 28, 2019, marked as Exhibit "A," attached hereto, and incorporated herein. DUTIES OF CITY. CITY shall compensate CONSULTANT as provided in Paragraph 4, and shall perform the duties as described in Exhibit "A" attached hereto and incorporated herein. 4. COMPENSATION. For the full performance of the services described herein by CONSULTANT, CITY shall pay CONSULTANT on a time and materials basis for services rendered at the hourly rates shown in the "Professional Personnel Service Fees, January 1, 2019 - December 31, 2019" included in Exhibit "A" attached hereto, with a total not -to -exceed amount of $23,750.00 for costs and services of CONSULTANT provided under this Agreement. affiGNAL `A -3 - g 6o Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONSULTANT. CONSULTANT shall itemize invoices in a manner approved by the PROJECT MANAGER. 5. TERM OF AGREEMENT. The term of this Agreement shall commence upon the date of execution of this Agreement and end on May 1, 2020, unless the parties agree to extend this Agreement for another 90 days, as approved in writing by City Manager. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONSULTANT and any and all of CONSULTANT's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS. Upon completion of all work under this Agreement, ownership and title to all reports, documents, plans, specifications, and estimates produced as part of this Agreement will automatically be vested in the CITY; and no further agreement will be necessary to transfer ownership to the CITY. CONSULTANT shall furnish to CITY all necessary copies of data needed to complete the review and approval process. 8. INSPECTION AND AUDIT. Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONSULTANT in connection with its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY or its agent in any such audit or inspection. 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 tern of this Agreement, CONSULTANT 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 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 dollars ($1,000,000) dollars per occurrence. 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONSULTANT's performance of services under this Agreement. Where CONSULTANT is a professional not required to have a professional license, CITY reserves the right to require CONSULTANT to provide professional liability insurance pursuant to this section. 4. If it employs any person, CONSULTANTshall maintain worker's compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. CONSULTANT'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 CONSULTANT in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance and worker's compensation insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additional insureds under the policies. 2. The additional insured coverage under CONSULTANT'S insurance policies shall be "primary and noncontributory" with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CONSULTANT'S policies shall be at least as broad as ISO form CG20 01 04 13. 3. Except for professional liability insurance and worker's compensation insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Agreement, CONTRACTOR hereby grants to CITY a waiver of any right to subrogation which any insurer of CONTRACTOR may acquire against CITY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. 5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. C. Deductibles and SIR'S. Any deductibles or self-insured retentions in CONSULTANT's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONSULTANT shall provide to the PROJECT MANAGER 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 CONSULTANT. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. 11. INDEMNIFICATION. A. Except as otherwise provided in Paragraph B., CONSULTANT 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 CONSULTANT'S performance of its obligations or conduct of its operations under this Agreement. The CONSULTANT's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONSULTANT's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONSULTANT's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONSULTANT's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT'S performance of or operations under this Agreement, CONSULTANT shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. B. Where the services to be provided by CONSULTANT under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil Code sections 2782, 2782.6 and 2782.8, CONSULTANT shall indemnify and hold harmless the CITY and its officers, officials, and employees (collectively City Indemnitees) from and against damages, liabilities or costs (including incidental damages. Court costs, reasonable attorney's fees as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in connection therewith and costs of investigation) to the extent they are caused by the negligence, recklessness, or willful misconduct of CONSULTANT, or any subconsultants, or subcontractor or anyone directly or indirectly employed by them, or anyone for whom they are legally liable (collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct of such City Indemnitee. C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 12. NONDISCRIMINATION. CONSULTANT shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS. CONSULTANT shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONSULTANT shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONSULTANT shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any arid 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 CONSULTANT do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 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's Project Manager: TO CONSULTANT's Project Director: Bill Guerin Director of Public Works City of San Rafael 111 Morphew Street San Rafael, CA 94901 Jason Kirchmann BkF Engineers, Inc. 4040 Civic Center Drive, Suite 530 San Rafael, CA 3 16. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONSULTANT and CITY expressly intend and agree that the status of CONSULTANT, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. ENTIRE AGREEMENT -- AMENDMENTS. A. The terns and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONSULTANT and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONSULTANT and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS. CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT under this Agreement, any monies which CONSULTANT owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 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 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. CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code CONSULTANT shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONSULTANT has provided CITY with a completed Internal Revenue Service Form W- 9 (Request for Taxpayer Identification Number and Certification). 22. SURVIVAL OF TERMS. Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled, and shall apply to both Parties' respective successors and assigns. 23. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 24. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one document. Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL L V/ JI HUTZ, City Manager ATTEST: LINDSAY LARA, City Clerk APPROVED AS TO FORM: L Q fFE ROBERT F. EPSTEIN, Cily Atto ey CONTRACTOR Name: Jason Kirchmann Title: Vice President [If Contractor is a corporation, add signature of second corporate officer] Name: Geoff Coleman Title: Vice President :: � BRF iOoYEARS + ENGINEERS. SURVEYORS. PLANNERS May 28, 2019 EXHIBIT A P k -, (J) P (0-,) S A L Subject: Land Surveying Services Fire Station 54 Renovations Marin County APN 009-191-06 BKF No. P20159023-54 BKF Engineers is pleased to offer this Task Order proposal for surveying services associated with the above referenced project. Our services are predicated on your initial email request for proposal (RFP) April 17, 2019 and subsequent email correspondence to date. Our understanding is that the architect is requesting site topography, including street frontages and boundary lines for the planning and ultimate design of facility improvements to the Fire Station. The limits of the survey are further illustrated below. r 9 Based on this understanding, BKF is offering the following scope of services for your consideration: SCOPE OF SERVICES TASK 1: TOPOGRAPHIC BASE MAPPING ➢ BKF will prepare a Topographic Base Map of the project site. The limits will include the subject property and are delineated on the image shown above. ➢ The mapping will identify visible site features, significant building corners, curbs, concrete gutters, edges of pavement, walkways, retaining walls, striping, signage, fences, trees larger than 6 -inches in diameter, driveway cuts and visual utility infrastructure. We will obtain a succession of spot elevations to define the general terrain of the property. 4040 Civic Center Drive, Suite 530, San Rafael, CA 94903 1415.930.7960 IN:V:n:31r_1 '` 'oo+ City of San Rafael DPW � B K F Fire Station 54 � YEcARs May 28, 2019 ENGINEERS. SURVEYORS. PLANNERS Page 2 of 4 Additionally, location and elevations of the roof peak, overhangs and doors at the apparatus bay access side of the building will be collected and delineated on the mapping. ➢ Visible utility infrastructure within the mapping limits, including sewer, water valves, hydrants, meter boxes, storm drain and marked utilities encountered during the course of our field survey will also be identified. ➢ The mapping is anticipated to be compiled at 1" = 10', and will also indicate individual spot elevations at various locations throughout the site. BKF will take a series of photographs for future reference and documentation of current field conditions encountered during the time of our survey. ➢ BKF will produce the mapping in a reproducible hard copy and electronic format. The signed hardcopy Topographic Map will be an instrument of service. Electronic mapping will be completed in an AutoCAD format and can be transferred and used by other team consultants for their work, as a courtesy. ➢ The vertical control for the survey will be referenced to the North American Vertical Datum of 1988 (NAVD88), unless otherwise agreed upon in writing prior to commencement of the survey. ➢ The horizontal location and rotation of the mapping is anticipated to be on an "assumed" coordinate system otherwise agreed upon in writing prior to commencement of the survey. ➢ Based on a cursory review of readily available public records, the subject parcel appears to be shown the Map of Bellam Subdivision No. 1, filed in Volume 13 Of Maps at page 3, Marin County Records and sufficient monumentation exists shown on recent survey to retrace these survey and locate the lines where shown on the recorded map. BKF will recover monuments shown on maps or in witness of said monuments to locate the boundary lines shown on said map and place monuments at the property corners, where missing. If sufficient existing monumentation is not recovered, if a material discrepancy is discovered, or any other provisions requiring a Record of Survey as stated in Section 8762 of the Professional Land Surveyors Act of the State of California are encountered, BKF will prepare a Record of Survey to fulfill our legal and professional obligation. Should this situation occur, the Record of Survey shall be performed and associated costs will be borne by the City. Professional fees and plan check fees to provide a Record of Survey are not included with this proposal. ➢ If provided, BKF will review the title report for the subject property. BKF will plot locatable easements referenced in the report within the project limits. Procurement of title reports is not included in this scope of service and it is assumed that the title report or.right of way acquisition data will be provided by the Owner. BKF, through a sub consultant can coordinate and provide a title report as an additional service, if requested. BKF is not proposing to conduct subsurface utility exploration as part of this work. Underground information shown on the base mapping will be identified based on visual observation of surface improvements and available record data. If record information is non-conclusive, and subsurface utilities become critical to the design in terms of routing, size or potential construction conflicts, further exploratory methods and services BKF Engineers 14040 Civic Center Dr, Suite 530 1 San Rafael, CA 194903 1 415.930.7960 EXHIBIT A '` 100+ City of San Rafael DPW NO■ Fire Station 54 YEARS May 28 2019 ENGINEERS. SURVEYORS. PLANNERS Page 3 of 4 may become necessary, and can be provided as an additional service. BKF can provide underground locating and marking as an additional service. TASK 2: OPTIONAL— 3D SCANNING AND ARCHITECTURAL MODELING At this time, it is anticipated that the information noted above of the building exterior at the apparatus bay Will be collected utilizing our P40 Leica high definition scanner. BKF Can provide additional scan data of the building exterior or interior, including Revit or AutoCAD modelling as an additional service, if requested. SCOPE QUALIFICATIONS AND ASSUMPTIONS BKF's services are limited to those expressly set forth in the scope. BKF shall have no other obligations or responsibilities for the project except as provided in this proposal letter, or as agreed to in writing. BKF's services shall be provided consistent with and limited to the standard of care acceptable to such services, which is that BKF shall provide its services consistent with the professional skill and care ordinarily provided by consultants practicing in the same or similar locality under the same or similar circumstances. For the scope of work identified, we have assumed the following: Additional items not included with our scope of services include: ➢ Additional services beyond the scope of services described above ➢ 3D modeling or building data except as explicitly stated above ➢ Civil Engineering ➢ Delineation of environmentally sensitive areas ➢ Record of Survey ➢ Title Reports and Title company services ➢ Underground Utility Detection ➢ Video inspection of subsurface infrastructure FEES FOR PROFESSIONAL SERVICE BKF proposes to provide the services described in Task 1 above on a time and materials basis in accordance with the attached rate sheet for an amount not to exceed $8,850. We will invoice for our services monthly. Reimbursable expenses such as mileage, reproduction, mail and 3`d party document services will be invoiced as a separate line item and are included in the not -to -exceed fee. For tasks requested by the City or architect not defined in this scope of services, BKF will identify them as potential extra work. We can provide a scope and fee for these items or they may be tracked separately as extra work and billed on a time and materials per our attached rate schedule. SCHEDULE BKF is able to commence working on this project upon your formal authorization to proceed. It is anticipated that the topographic base mapping could be completed within two weeks from receipt of authorization to proceed, weather permitting. BKF engineers 14040 Civic Center Dr, Suite 530 1 San Rafael, CA 194903 1415.930.7960 EXHIBIT A ,` IYOF-ARS o+City of San Rafael DPW 01�■Fire Station 54 May 28 2019 ENGINEERS. SURVEYORS. PLANNERS Page 4 of 4 Should you have any questions, or would like additional clarification on any aspect of the scope of work, please feel free to call me at 415-930-7964. Sincerely, BKF Engineers Jason Kirchmann, PLS, PE, QSD/QSP Vice President TASK ORDER ACCEPTANCE By: City of San Rafael I hereby state that I am authorized to act on behalf of the City of San Rafael in executing authorization to proceed with the services and associated fees described above. Signature: Print Name: BKF Engineers 14040 Civic Center Dr, Suite 530 1 San Rafael, CA 1949031415.930.7960 IRf iOEARS o+ o Y ENGINEERS. SURVEYORS. PLANNERS May 28, 2019 EXHIBIT i S 4 iJlT'J l L Subject: Land Surveying Services Fire Station 55 Renovations Marin County APN 185-061-04 & 06 BKF No. P20159023-55 BKF Engineers is pleased to offer this Task Order proposal for surveying services associated with the above referenced project. Our services are predicated on your initial email request for proposal (RFP) April 17, 2019 and subsequent email correspondence to date. Our understanding is that the architect is requesting site topography, including street frontages and boundary lines for the planning and ultimate design of facility improvements to the Fire Station. The limits of the survey are further illustrated below. Based on this understanding, BKF is offering the following scope of services for your consideration: SCOPE OF SERVICES TASK 1: TOPOGRAPHIC BASE MAPPING ➢ BKF will prepare a Topographic Base Map of the project site. The limits will include the subject property and are delineated on the image shown above. ➢ The mapping will identify visible site features, significant building corners, curbs, concrete gutters, edges of pavement, walkways, retaining walls, striping, signage, fences, trees larger than 6 -inches 4040 Civic Center Drive, Suite 530, San Rafael, CA 94903 1415.930.7960 1�:/:1131r_1 I + City of San Rafael DPW B k F IYOMAJOR S Fire Station 55 May 28, 2019 ENGINEERS. SURVEYORS. PLANNERS Page 2 of 5 in diameter, driveway cuts and visual utility infrastructure. We will obtain a succession of spot elevations to define the general terrain of the property. Additionally, location and elevations of the roof peak, overhangs and doors at the apparatus bay access side of the building will be collected and delineated on the mapping. ➢ Visible utility infrastructure within the mapping limits, including sewer, water valves, hydrants, meter boxes, storm drain and marked utilities encountered during the course of our field survey will also be identified. ➢ The mapping is anticipated to be compiled at 1" = 10', and will also indicate individual spot elevations at various locations throughout the site. BKF will take a series of photographs for future reference and documentation of current field conditions encountered during the time of our survey. ➢ BKF will produce the mapping in a reproducible hard copy and electronic format. The signed hardcopy Topographic Map will be an instrument of service. Electronic mapping will be completed in an AutoCAD format and can be transferred and used by other team consultants for their work, as a courtesy. ➢ The vertical control for the survey will be referenced to the North American Vertical Datum of 1988 (NAVD88), unless otherwise agreed upon in writing prior to commencement of the survey. ➢ The horizontal location and rotation of the mapping is anticipated to be on an "assumed" coordinate system otherwise agreed upon in writing prior to commencement of the survey. BKF is not proposing to conduct subsurface utility exploration as part of this work. Underground information shown on the base mapping will be identified based on visual observation of surface improvements and available record data. If record information is non-conclusive, and subsurface utilities become critical to the design in terms of routing, size or potential construction conflicts, further exploratory methods and services may become necessary, and can be provided as an additional service. BKF can provide underground locating and marking as an additional service. TASK 2: BOUNDARY ANALYSIS AND SURVEY ➢ Existing Condition of Parcel Records - Based on a preliminary analysis of the records, it appears that the subject parcel(s) do not appear to be shown on an official map or survey map of public record. In order to provide a survey of the property boundaries, we will also be required to file a Record of Survey to the County Surveyor in accordance with section 8792 of the California Professional Land Surveyor's Act. ➢ Title Report and Easements —If provided, BKF will review the title report and right of way acquisition documentation, for the project limits and plot locatable easements referenced in the report within the project limits. Procurement of title reports is not included in this scope of service and it is assumed that the title report or right of way acquisition data will be provided by the Owner. BKF, through a sub consultant can coordinate and provide a title report as an additional service, if requested. BKF Engineers 14040 Civic Center Dr, Suite 530 1 San Rafael, CA 194903 1 415.930.7960 EXHIBIT A ,` 100+ City of San Rafael DPW so■BKF Fire Station 55 YEARS May 28 2019 ENGINEERS . SURVEYORS . PLANNERS Page 3 of 5 ➢ Public Records Research — BKF will obtain and assemble the available maps and deeds for the subject property and its adjoining property owners. We may consult with the Marin County Surveyor's Office to review any existing or pending records that may be available. Additionally, BKF will review unrecorded survey notes and maps located in the "Oglesby Archive" which is maintained by the Marin County Free Library ➢ Private Records Research — BKF will obtain private unrecorded survey maps and field notes for the subject property and surrounding areas as necessary to perform the formal boundary analysis. Monuments which are not "of record" have been shown on surrounding recorded surveys indicating that at least one private archive will need to be accessed. Custodians of these private archives charge an access and research fee for this information which will be invoiced separately from the fees for professional services herein. ➢ Reconnaissance — BKF will conduct field research for primary monumentation to establish boundary resolution, including survey markers, public agency monuments, boundary trees, fences, lines of occupation and other relevant information recovered during the course of the field survey. ➢ Boundary Determination — Once the research and field reconnaissance has been completed, BKF will perform a final boundary determination, which includes an analysis of the assembled evidence with respect to its relationship to the Title and other documentary evidence. TASK 3: RECORD OF SURVEY Based on the requirements of Section 8762 of the PLS Act, BKF will prepare a Record of Survey to fulfill our legal and professional obligation. The Survey will be prepared in accordance with the requirements of the PLS Act. The Record of Survey will be submitted to the Marin County Surveyor for checking and ultimate recording. The Record of Survey will be prepared simultaneously to preparing the Topographic survey. The Marin County Surveyor's office charges a fee to review and recording of the Record of Survey Map. It is anticipated that these fees will be paid directly by the City of San Rafael and are not included in this scope of services. TASK 4: PRIVATE ARCHIVE FEES Custodians of these private archives noted in Task 2 above charge an access and research fee for this information which will be invoiced separately from the fees for professional services herein. These fees can be provided directly by the owner to the archive holders, however for processing and access expediency, BKF can provide these fees as a reimbursable expense. We have provided a reimbursable budget range in the fee schedule below for your consideration. TASK 5: OPTIONAL— 3D SCANNING AND ARCHITECTURAL MODELING At this time, it is anticipated that the information noted above of the building exterior at the apparatus bay Will be collected utilizing our P40 Leica high definition scanner. BKF Can provide additional scan data of the building exterior or interior, including Revit or AutoCAD modelling as an additional service, if requested. BKF Engineers 14040 Civic Center Dr, Suite 530 1 San Rafael, CA 194903 1415.930.7960 EXHIBIT A ,. loo+ City of San Rafael DPW ■ Fire Station 55 Za YEARS May 28, 2019 ENGINEERS. SURVEYORS. PLANNERS Page 4 of 5 SCOPE QUALIFICATIONS AND ASSUMPTIONS BKF's services are limited to those expressly set forth in the scope. BKF shall have no other obligations or responsibilities for the project except as provided in this proposal letter, or as agreed to in writing. BKF's services shall be provided consistent with and limited to the standard of care acceptable to such services, which is that BKF shall provide its services consistent with the professional skill and care ordinarily provided by consultants practicing in the same or similar locality under the same or similar circumstances. For the scope of work identified, we have assumed the following: Additional items not included with our scope of services include: ➢ Additional services beyond the scope of services described above ➢ 3D modeling or building data except as explicitly stated above ➢ Civil Engineering ➢ Delineation of environmentally sensitive areas ➢ Title Reports and Title company services ➢ Underground Utility Detection ➢ Video inspection of subsurface infrastructure FEES FOR PROFESSIONAL SERVICE BKF proposes to provide the services described above on a time and materials basis in accordance with the attached rate sheet for an amount not to exceed $14,900. We will invoice for our services monthly. Reimbursable expenses such as mileage, reproduction, mail and 3'd party document services will be invoiced as a separate line item and are included in the not -to -exceed fee. ilk Tas Description Fee 1 Partial Topographic Map with Boundary Survey $ 4,200 2 Boundary Analysis and Survey $ 6,700 3 Record of Survey $ 2,800 LaborTotal 00 4 Private Archive Access Fees (Reimbursable Budget) $1,200 5 3D Scan and Architectural Modeling IT&M For tasks requested by the City or architect not defined in this scope of services, BKF will identify them as potential extra work. We can provide a scope and fee for these items or they may be tracked separately as extra work and billed on a time and materials per our attached rate schedule. SCHEDULE BKF is able to commence working on this project upon your formal authorization to proceed. It is anticipated that the topographic base mapping could be completed within three weeks from receipt of authorization to proceed, weather permitting. BKF Engineers 14040 Civic Center Dr, Suite 530 1 San Rafael, CA 194903 1415.930.7960 EXHIBIT A ,` ��■ IYOFARS o+City of San Rafael DPW Fire Station 55 B May 28 2019 ENGINEERS. SURVEYORS. PLANNERS Page 5 of 5 Should you have any questions, or would like additional clarification on any aspect of the scope of work, please feel free to call me at 415 930-7964. Sincerely, BKF Engineers Jason Kirchmann, PLS, PE, QSD/QSP Vice President TASK ORDER ACCEPTANCE By: City of San Rafael I hereby state that I am authorized to act on behalf of the City of San Rafael in executing authorization to proceed with the services and associated fees described above. Signature: Print Name: BKF Engineers 14040 Civic Center Dr, Suite 530 1 San Rafael, CA 194903 1415.930.7960 EXHIBIT A B k F ioo+ � YEARS ENGINEERS. SURVEYORS. PLANNERS PROFESSIONAL PERSONNEL SERVICE FEES JANUARY 1, 2019 - DECEMBER 31, 2019 PERSONNEL ENGINEERING Senior Associate Associate Project Manager Engineer IV Engineer I, II, III Engineering Assistant Junior Engineer PLANNING Planner I, II, III, IV SURVEYING Senior Associate Associate Project Manager Surveyor I, II, III, IV Survey Party Chief Survey Chainman Apprentice I, II, III, IV Instrumentman Surveying Assistant Junior Surveyor Utility Locating Superintendent Utility Locator I, II, III BIM Specialist I, U, III DESIGN AND DRAFTING Technician I, II, III, IV Drafter I, II, III, IV CONSTRUCTION ADMINISTRATION/QSP-QSD Senior Construction Administrator Resident Engineer Field Engineer I, II, III Senior Consultant SERVICES AND EXPENSES Project Assistant Clerical/Administrative Assistant Principals' time on projects is chargeable at $246.00 per hour. HOURLY RATES $220.00 $214.00 $204.00 - $210.00 $189.00 $134.00 $154.00 - $174.00 $82.00 $70.00 $134.00 - $154.00 - $174.00 - $189.00 $128.00 - $136.00 $148.00 - $161.00 $100.00 - $110.00 $118.00 - $132.00 $198.00 $147.00 $134.00 $154.00 $174.00 $229.00 $82.00 $70.00 Charges for outside services, equipment, and facilities not furnished directly by BKF Engineers will be billed at cost plus 10%. Such charges may include, but shall not be limited to printing and reproduction services; shipping, delivery, and courier charges; subconsultant fees and expenses; special fees, permits, and insurance; transportation on public carriers, meals, and lodging; and consumable materials. Mileage will be charged at the prevailing IRS rate per mile. Monthly invoices are due within 30 days from invoice date. Interest will be charged at 0.833% per month on past due accounts. Expert witness/litigation rates are available upon request. $220.00 $214.00 $204.00 - $210.00 $134.00 - $154.00 - $174.00 - $189.00 $175.00 $113.00 $70.00 - $93.00 - $103.00 - $109.00 $150.00 $82.00 $70.00 $176.00 $91.00 $129.00 - $155.00 $134.00 $154.00 - $174.00 $128.00 - $136.00 $148.00 - $161.00 $100.00 - $110.00 $118.00 - $132.00 $198.00 $147.00 $134.00 $154.00 $174.00 $229.00 $82.00 $70.00 Charges for outside services, equipment, and facilities not furnished directly by BKF Engineers will be billed at cost plus 10%. Such charges may include, but shall not be limited to printing and reproduction services; shipping, delivery, and courier charges; subconsultant fees and expenses; special fees, permits, and insurance; transportation on public carriers, meals, and lodging; and consumable materials. Mileage will be charged at the prevailing IRS rate per mile. Monthly invoices are due within 30 days from invoice date. Interest will be charged at 0.833% per month on past due accounts. Expert witness/litigation rates are available upon request. B k F TEAROS+ � ENGINEERS. SURVEYORS. PLANNERS TO: City of San Rafael Public Works 111 Morphew Street San Rafael, CA 94901 DATE 6/12/2019 1 JOB NO. C20159023-54 ATTENTION Kevin McGowan RE: Fire Station 55 and 54 We are sending you: ❑ Drawings ❑ Specifications Via: ❑ Overnight ® Regular mail Purpose: ®For signature ❑ For review/comment ❑ For approval ❑ Reports ® Other ❑ Will Call ❑ Hand Delivery ❑ For your file ❑ At your request NUMBER NUMBER DATE DESCRIPTION OF COPIES OF PAGES 3 - 7 Agreement for Professional Services with BKF Engineers REMARKS: Kevin, Attached please find the requested three (3) signed copies of the Agreement for Professional Services for the Fire Station 54 and 55 Renovation project. Upon execution, please return to us one (1) copy for our records. If you need anything further at this time, please let us know and we are happy to assist. PUBLIC WORKS JUN 15 2019 CITY OF SAN RAFAEL COPY TO: ATTACHMENTS: SIGNED: ;gg Hayley Hicks Project Assistant 200 Fourth Street, Suite 300, Santa Rosa, CA 95401 707.583.8500 If enclosures are not as noted, kindly notify us at once. 159023-54 Kevin McGowan.docx CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER Contracting Department: Public Works Project Manager: Fabiola Guillen/Kevin McGowan Extension: 3435 Project Name: Fire Station 54 & 55 Renovation_ Contractor's Contact: BKF Engineers _ Contact's Email: ikirchmann@bkf.com RESPONSIBLE STEP DEPARTMENT DESCRIPTION ...:.................. COMPLETED DATE REVIEWER (Initials) a. Email PINS Introductory Notice to Contractor On file b. Email Contract (in Word) & attachments to City Attorney c/o 1 Project Manager Laraine.Gittens@cityofsanrafael.org a. Review, revise and comment on draft agreement and return to Project 5/29/2019 KM Manager 6/10/2019 LG b. Confirm insurance requirements, create Job on PINS, send PINS 2 _ City Attorney insurance notice to contractor. 6/10/2019 LG Approval of final agreement form to send to contractor. (Provide Dept. 3 Department Director Director Financial Suntnary ii/Agreement) Forward three (3) originals of final agreement to contractor for their 6/10/2019 BG 4 Project Manager signature. 6/10/2019 KM When necessary, contractor -signed agreement agendized for Council approval City Council approval required for Professional Services Agreements and purchases ofgoods and services than exceed 575,000 and for Public Works 5 Project Manager Contracts that exceed S175,000 (Enter date of Council Meeting) CONTINUE ROUTING PROCESS WITH HARD COPY PRINT Forward signed original agreement to City Attorney with printed copy of 6 Project Manager this routing form 6/17/2019 KM/FG 7 City Attorney Review and approve hard copy of signed agreement 4 Review and approve insurance in PINS, and bonds (for public works / f 8 _ City Attorney contracts) I (0' ('q_ City 9 Manager/Mayor Agreement executed by Council authorized official 10 City Clerk Attest signatures, retains original agreement and forwards copies to project manager 'A 11 Project Manager Forward Final Copy to Contractor r