HomeMy WebLinkAboutPW City Surveyor ServicesAGREEMENT FOR PROFESSIONAL SERVICES
FOR CITY SURVEYOR SERVICES
This Agreement is made and entered into this 21) day of V , 20�_�y
and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and AkF Engineers (hereinafter
"CONSULTANT").
RECITALS
WHEREAS, the CITY requires City Surveyor services; and
WHEREAS, the CONSULTANT has agreed to render such services.
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. PROJECT COORDINATION.
A. CITY'S Project Manager. Matthew Pepin 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 services as outlined in
CONSULTANT's proposal, dated July 1, 2021, marked as Exhibit A, attached hereto and
incorporated herein.
3. DUTIES OF CITY.
CITY shall cooperate with CONSULTANT in performance of its duties under this
Agreement and shall pay the compensation as provided in Paragraph 4.
4. COMPENSATION.
For the full performance of the services described herein by CONSULTANT, CITY shall
pay CONSULTANT on a times and materials basis for services rendered in accordance with the rates
described in Exhibit A, for a total amount not -to -exceed of $25,000.
Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices
submitted by CONSULTANT.
TERM OF AGREEMENT.
The term of this Agreement shall be for one year commencing upon date of execution of this
Agreement. Upon mutual agreement of the parties, and subject to the approval of the City Manager
the term of this Agreement may be extended for an additional period of up to one year.
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 tennination, 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.
The written documents and materials prepared by the CONSULTANT in connection with
the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may
use said property for any purpose, including projects not contemplated by this Agreement.
8. INSPECTION AND AUDIT.
Upon reasonable notice, 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.
Revised 1/29/2020
9. ASSIGNABILITY.
The parties agree that they shall not assign or transfer any interest in this Agreement nor the
performance of any of their respective obligations hereunder, without the prior written consent of the
other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising
hereunder shall be void and of no effect.
10. INSURANCE.
A. Scope of Coverage. During the term of this Agreement, 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 ]pillion 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) per occurrence.
3. If any licensed professional perforins 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, CONSULTANT shall maintain workers'
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 workers' 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 or workers' compensation
insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers,
agents, employees, and volunteers, as additional insureds (for both ongoing and completed
operations) 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
Revised 1/29/2020
ISO form CG20 0104 13.
3. Except for professional
insurance, the insurance policies shall include,
contractual liability and personal injury.
liability insurance or workers' compensation
in their text or by endorsement, coverage for
4. By execution of this Agreement, CONSULTANT hereby grants to CITY
a waiver of any right to subrogation which any insurer of CONSULTANT may acquire against
CITY by virtue of the payment of any loss under such insurance. CONSULTANT 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. Ifthe 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. No representation is made that the minimum
insurance requirements of this Agreement are sufficient to cover the obligations of the
CONSULTANT under this Agreement.
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
Revised 1/29/2020
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 subparagraph B of this section, 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
Revised 1/29/2020
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 and all damages, liabilities,
penalties, fines and all other consequences from any noncompliance or violation of any laws,
ordinances, codes or regulations.
14. NO THIRD PARTY BENEFICIARIES.
CITY and 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:
16. INDEPENDENT CONTRACTOR.
Matthew Pepin
City of San Rafael
111 Morphew Street
San Rafael, CA 94901
Jason Kirchmann
4040 Civic Center Dr. Ste 350
San Rafael, CA 94903
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
Revised 1/29/2020
that of an employee of CITY.
17. ENTIRE AGREEMENT -- AMENDMENTS.
A. The terms and conditions of this Agreement, all exhibits attached, and all documents
expressly incorporated by reference, represent the entire Agreement of the parties with respect to the
subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or written,
regarding the subject matter between the 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 ofthis 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.
Revised 1/29/2020
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, and 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 by electronic signature and 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.
[Signatures are on the following page.]
Revised 1/29/2020
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL
JIM S(", City Ma ager
ATTEST:
0e • /Vu� -
LINDSAY LARA, City Clerk
APPROVED AS TO FORM:
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ROBEV F. EPSTEIN, ity Attorney
Revised 1/29/2020
CONSULTANT
By:,��-
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Name: Jason Kirchmann
Title: Vice President
[If CONSULTANT is a corporation, add signature of
second corporate officer]
By:
Name: Jean Chen
Title: Chief Financial Officer
July 1, 2021
Attention: Matthew Pepin
Subject: San Rafael Surveyor and Plan Check Services
Dear Mr. Pepin,
BKF No. 20191984-08
BKF Engineers (BKF) welcomes the opportunity to submit this proposal for plan check services and City Surveyor
services. Based on our conversations and our recent conversation with Iman Kayani in your office, we understand
that the City of San Rafael (City) would like to continue to have BKF provide plan check services related to surveying
components of private Department of Public Works(DPW) submittals as well as have me, Jason Kirchmann, serve as
the City Surveyor. Below is our anticipated scope of services under this engagement based on our previous
experience providing these services to the City.
I. SCOPE OF SERVICES
Provide plan check and City Surveyor services. Services may include, but are not limited to:
• Review and respond to general questions from DPW staff
• Provide review of submitted survey documents, provided to BKF by the City, for technical correctness
• Provide comments on submitted documents referenced herein
• Provide "redline" markups on submitted documents referenced herein
• Approve survey maps (Parcel Maps and Final Maps) submitted to DPW and provided to BKF
• Other survey related support services requested by DPW or their representatives.
II. SCOPE QUALIFICATIONS AND ASSUMPTIONS
BKF Engineers' 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 will
provide the scope of services consistent with, and limited to, the standard of care applicable to such services.
III. COMPENSATION
BKF will provide services described herein on a time and materials basis in accordance with our rate schedule. We
have attached our rate schedule for calendar year 2022. Rates are subject to increase for inflation and cost of living
adjustments on an annual basis. At this time, we are requesting an initial budget of $25,000. Fees will accrue
based on the actual level of effort provided by our staff. Should we approach this initial budget, we will contact the
City to discuss steps for futher services.
Reimbursable expenses such as reproduction, mileage, express and messenger deliveries, and computer
deliverable plots are included in the above referenced fees and will accrue on a cost plus 10 -percent markup basis.
Thank you for the opportunity to present this proposal. We look forward to assisting with this project. Please
contact me at 415-930-7964 if you have any questions regarding our scope of services.
Respectfully,
BKF Engineers
Jason Kirchmann, PE, PLS, QSD/P
Vice President
4040 Civic Center Drive, Suite 530, San Rafael, CA 94903 1415.930.7960
Exhibit A
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BKF ENGINEERS
PROFESSIONAL SERVICES RATE SCHEDULE
EFFECTIVE MARCH 28, 2022
CLASSIFICATION
PROJECT MANAGEMENT
Principal/Vice President
Senior Associate/Vice President
Associate
Senior Project Manager I Senior Technical Manager
Project Manager I Technical Manager
Engineering Manager I Surveying Manager I Planning Manager
HOURLY RATE
$272.00
$244.00
$237.00
$237.00
$231.00
$213,00
TECHNICAL STAFF
Senior Project Engineer I Senior Project Surveyor I Senior Project Planner
$198.00
Project Engineer I Project Surveyor I Project Planner
$174.00
Design Engineer I Staff Surveyor I Staff Planner
$151.00
BIM Specialist I, II, III $151.00
- $174.00 - $198.00
Technician I, II, III, IV $144.00 - $153.00
- $168.00 - $181.00
Drafter I, II, III, IV $113.00 - $124.00 -
$134.00 - $149.00
Engineering Assistant I Surveying Assistant Planning Assistant
$94.00
FIELD SURVEYING
Survey Party Chief
$198.00
Instrument Person
$170.00
Survey Chainperson
$127.00
Utility Locator I, II, III, IV $103.00 - $146.00
- $175.00 - $199.00
Apprentice I, II, III, IV $78.00 - $105.00 -
$116.00 - $123.00
CONSTRUCTION ADMINISTRATION
Senior Consultant
$259.00
Senior Construction Administrator
$225.00
Resident Engineer
$167.00
Field Engineer I, II, III $151.00
- $174.00 - $198.00
PROJECT ADMINISTRATION
Project Coordinator
$126.00
Senior Project Assistant
$109.00
Project Assistant
$96.00
Clerical I Administrative Assistant
$81.00
Expert witness rates are available upon request.
Subject to the terms of a services agreement:
• Charges for outside services, equipment, materials, and facilities not furnished directly by BKF Engineers will
be billed as reimbursable expenses 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; agency fees; insurance; transportation on public carriers; meals and lodging; and consumable
materials.
• Allowable 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 1.5% per month on
past due accounts.
• The rates shown are subject to periodic increases, including January 11t of each year.
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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: Ashley Dohrmann (for Matt Pepin) Extension: 3352
Contractor Name: BKF Engineers
Contractor's Contact: Jason Kirchmann Contact's Email: jkirchmann@bkf.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER
DEPARTMENT DATE Check/Initial
1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to
❑
enter a date.
b. Email contract (in Word) and attachments to City 7/18/2022
Attorney c/o Laraine.Gittens@cityofsanrafael.org
NAD
2 City Attorney a. Review, revise, and comment on draft agreement 7/22/2022
and return to Project Manager 7/22/2022
❑x GC
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
❑x GC
3 Department Director Approval of final agreement form to send to 7/27/2022
❑X AM
contractor
4 Project Manager
Forward three (3) originals of final agreement to
7/27/2022
contractor for their signature
When necessary, contractor -signed agreement
❑X N/A
5 Project Manager
agendized for City Council approval *
*City Council approval required for Professional Services
Agreements and purchases of goods and services that exceed
Or
$75,000; and for Public Works Contracts that exceed $175,000
Click here to
Date of City Council approval
enter a date..
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
6 Project Manager
Forward signed original agreements to City
9/26/2022
AD
Attorney with printed copy of this routing form
7 City Attorney
Review and approve hard copy of signed
agreement9
�
6 I1
8
City Attorney
Review and approve insurance in PINS, and bonds
O J
(for Public Works Contracts)
I Z�
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9
City Manager / Mayor
Agreement executed by City Council authorized.
official
Attest signatures, retains original agreement and
Aar ��"
10
City Clerk
forwds copies to Project Manager