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Agenda Item No: 3.1
Meeting Date: April 20, 2015
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by-(
orks
City Manager Approval)Wl/V4d&
File No.: 01.01.02.01
SUBJECT: RESOLUTION ACCEPTING PROPOSAL FROM BKF ENGINEERS, INC., FOR
ON-CALL PROFESSIONAL LAND SURVEYOR SERVICES AND AUTHORIZING
THE PUBLIC WORKS DIRECTOR TO ENTER INTO A PROFESSIONAL
SERVICE AGREEMENT WITH BKF ENGINEERS, INC., IN AN AMOUNT NOT
TO EXCEED $75,000.00 PER YEAR.
RECOMMENDATION: Adopt resolution
BACKGROUND: The Public Works Department requires on-call professional land surveyor services for
various capital improvement and private development related projects. The Department currently has nine
licensed engineers on staff but does not have licensed professional land surveyors on staff, nor does the
Department have access to surveying equipment needed to provide various land surveyor services.
The Department of Public Works has utilized on-call professional land surveyor services for routine
projects in the past. Such services include, but are not limited to, boundary surveys, construction surveys,
topographic surveys, right-of-way research, research and survey work related to property divisions and
mergers, research and survey work related to public and private land ownership, public and private
easements, public improvements, construction and historic information, and developing legal descriptions
and plat maps.
On February 18, 2015, the Department of Public Works issued a Request for Qualifications (RFQ) and
invited various professional land surveying firms to submit Statements of Qualifications. On March 11,
2014, we received four statements from qualified firms.
ANALYSIS: All Statements were evaluated by City staff based on criteria specified in the Request for
Qualifications, including but not limited to, understanding of the work to be done, previous experience
with similar projects, qualified and experienced personnel on the project team, familiarity with state and
federal procedures, and commitment to adhering to the project schedules and budgets. Three firms were
selected for interviews, which were conducted on April 6 and 7, 2015 with panel members consisting of
City staff. After some deliberation, the panel selected BKF Engineers, Inc. as the most qualified
consultant for this service.
FOR CITY CLERK ONLY
File No.: N —S + 9S
Council Meeting:
Disposition: " i
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
FISCAL IMPACT: On-call contracts do not contain specific scopes of services, and the work may be
sporadic. Therefore, staff recommends an initial one-year contract in the amount not to exceed $75,000.00
per year. This contract length and amount will provide the Department the greatest flexibility in meeting
various needs.
It is recommended that the professional service agreement include a clause whereby the Public Works
Director may extend the contract terms at the same costs with adjustments as warranted by the consumer
price index (CPI) and with contractor consent for up to three additional one-year periods for a total
possible contract length of four years.
For routine and small projects, the selected consultant will be asked to submit proposals for the individual
tasks/projects. For special large projects that require extensive work, separate RFQs may be issued and
may not be included under the contract cap.
The cost of these services will be paid for out of various Capital Improvement Program project budgets,
land development application fees or already established Public Works operational budgets.
OPTIONS:
1. Adopt the resolution authorizing the Public Works Director to enter into a professional service
agreement with BKF Engineers, Inc., for on-call professional land surveyor services in an
amount not to exceed $75,000.00 per year.
2. Do not authorize the Public Works Director to enter into a professional service agreement with
the recommended consulting firm and direct staff to release a new Request for Qualifications. If
this option is chosen, the City will be delayed and/or unable to perform land surveying services
as required for various projects and functions.
3. Do not authorize the Public Works Director to enter into a professional service agreement with
the recommended consulting firm and direct staff to stop work on the projects requiring survey
support. If this option is chosen, City staff may be unable to complete design of projects or
respond to emergencies requiring professional land surveyor services.
ACTION REQUIRED: Adopt Resolution.
Enclosures: Resolution
Draft Professional Service Agreement
Exhibit A
RESOLUTION NO. 13909
RESOLUTION ACCEPTING PROPOSAL FROM BKF ENGINEERS, INC., FOR ON-
CALL PROFESSIONAL LAND SURVEYOR SERVICES AND AUTHORIZING THE
PUBLIC WORKS DIRECTOR TO ENTER INTO A PROFESSIONAL SERVICE
AGREEMENT WITH BKF ENGINEERS, INC., IN AN AMOUNT NOT TO EXCEED
$75,000.00 PER YEAR.
WHEREAS, the Public Works Department requires on-call professional land surveyor
services for various capital improvement and private development projects; and
WHEREAS, a Request for Qualifications was issued in accordance with the San Rafael
Municipal Code and federal standard procedures; and
WHEREAS, BKF Engineers, Inc., was determined to be the most qualified candidate to
perform professional land surveyor services for the City; and
and
WHEREAS, BKF Engineers, Inc., has submitted a proposal to provide such services;
WHEREAS, staff has reviewed the proposal and found it to be within industry
standards and acceptable.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLVES as follows:
1. The Statement of Qualifications, including fee schedule, submitted by BKF
Engineers, Inc., as attached hereto, is accepted.
2. Council does hereby authorize the Acting Public Works Director to enter into a
Professional Service Agreement, in a form approved by the City Attorney, with
BKF Engineers Inc., for a one-year term in an amount not to exceed $75,000.00
per year.
3. Council does hereby authorize the Acting Public Works Director to extend in
writing this Agreement, with the consent of BKF Engineers, Inc., for up to three
additional one-year periods in an amount not to exceed $75,000.00 per year for
each additional year, and to make an adjustment in the hourly rates specified in
the Contract by the change in the Consumer Price Index.
4. The Acting Director of Public Works is hereby authorized to take any and all
such actions and make changes as may be necessary to accomplish the purpose of
this resolution.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the
Council of said City on the 201h day of April, 2015, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin and Vice -Mayor McCullough
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Phillips
ESTHER C. BEIRNE, City Clerk
File No.: 01.01.02.01
AGREEMENT FOR PROFESSIONAL SERVICES WITH
BKF ENGINEERS, INC.
FOR ON-CALL PROFESSIONAL LAND SURVEYOR SERVICES
ARTICLE I INTRODUCTION
A. This Agreement is entered into as of the a/& day of __ ___A6R L . 2015, by and between the 7.
following named business entity, hereinafter referred to as CONSULTANT, and the following named
public agency, hereinafter referred to as, LOCAL AGENCY:
The name of the CONSULTANT is as follows: BKF ENGINEERS, INC.
The Project Manager for the "CONSULTANT" will be JASON KIRCHMANN
co.y
The naive of the "LOCAL AGENCY" is as follows: CITY OF SAN RAFAEL
The Contract Manager for the LOCAL AGENCY will be KEVIN MCGOWAN, �.
Acting Public Works Director.
B. The work to be performed under this contract is described in Article II entitled Statement of Work
and the approved CONSULTANT's Proposal dated March 11, 2015.
C. Except as otherwise provided in Subparagraph B above, CONSULTANT shall, to the fullest extent
permitted by law, indemnify, release, defend with counsel approved by LOCAL AGENCY, and hold
harmless LOCAL AGENCY, its officers, agents, employees and volunteers (collectively, the
"LOCAL AGENCY 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 LOCAL AGENCY Indemnitees. However, to the extent that liability is
caused by the active negligence or willful misconduct of the LOCAL AGENCY Indemnitees, the
CONSULTANT's indemnification obligation shall be reduced in proportion to the LOCAL AGENCY
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 LOCAL AGENCY or
any of its directors, officers or employees shall not relieve or reduce the CONSULTANT's
indemnification obligations. In the event the LOCAL AGENCY 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 LOCAL AGENCY
Indemnitees or at LOCAL AGENCY'S option reimburse the LOCAL AGENCY Indemnitees their
costs of defense, including reasonable attorneys' fees, incurred in defense of such claims.
D. 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, CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend and
hold harmless the LOCAL AGENCY Indemnitees from and against any CLAIMS that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT in the
performance of its duties and obligations under this Agreement or its failure to comply with any of its
obligations contained in this Agreement, except such CLAIM which is caused by the sole negligence
or willful misconduct of LOCAL AGENCY.
E. 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.
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F. The CONSULTANT and the agents and employees of CONSULTANT, in the perfonnance of this
agreement, shall act in an Independent Contractor capacity and not as officers or employees or agents
of the LOCAL AGENCY.
G. The LOCAL AGENCY may terminate this agreement with CONSULTANT should CONSULTANT
fail to perform the covenants herein contained at the time and in the manner herein provided. In the
event of such termination, the LOCAL AGENCY may proceed with the work in any manner deemed
proper by the LOCAL AGENCY. If the LOCAL AGENCY tenninates this agreement with the
CONSULTANT, LOCAL AGENCY shall pay CONSULTANT the sum due the CONSULTANT
under this agreement prior to termination, unless the cost of completion to the LOCAL AGENCY
exceeds the funds remaining in the contract. In which case the overage shall be deducted from any
sum due the CONSULTANT under this agreement and the balance, if any, shall be paid the
CONSULTANT upon demand.
H. Without the written consent of the LOCAL AGENCY, this agreement is not assignable by
CONSULTANT either in whole or in part.
I. No alteration or variation of the terms of this contract shall be valid, unless made in writing and
signed by the parties hereto; and no oral understanding or agreement not incorporated herein, shall be
binding on any of the parties hereto.
J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all
of CONSULTANT's expenses incurred in the performance hereof, including travel and per diem,
unless otherwise expressly so provided.
ARTICLE II STATEMENT OF WORK
A. Consultant Services:
The CONSULTANT shall provide professional land surveyor services on an on-call basis as
requested by the LOCAL AGENCY.
The approved CONSULTANT's Statement of Qualifications is attached hereto (Exhibit A) and
incorporated by reference.
ARTICLE III CONSULTANT'S REPORTS AND/OR MEETINGS
A. The CONSULTANT shall submit progress reports with the progress invoice. The report should be
sufficiently detailed for the Contract Manager to determine, if the CONSULTANT is performing to
expectations, or is on schedule; to provide communication of interim findings, and to sufficiently
address any difficulties or special problems encountered, so remedies can be developed.
B. The CONSULTANT's Project Manager shall meet with the LOCAL AGENCY's Contract Manager,
as needed, to discuss progress on the contract.
ARTICLE IV PERFORMANCE PERIOD
A. This contract shall go into effect upon execution by both parties, and the CONSULTANT shall
commence work after notification to proceed by the LOCAL AGENCY'S Contract Manager.
B. The term of this Agreement shall be for a one year period between May 1, 2015 and shall end on
April 30, 2016. At the discretion of the LOCAL AGENCY Public Works Director, and with the
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consent of the CONSULTANT, the term of this Agreement may be extended for up to three
additional one year periods, provided that the hourly rates set forth in Exhibit A shall be adjusted at
CONSULTANT's request by the change in the Consumer Price Index (CPI), All Urban Consumers
for the San Francisco -Oakland -San Jose area.
C. The CONSULTANT is advised that any recommendation for contract award is not binding on the
LOCAL AGENCY until the contract is fully executed and approved by the LOCAL AGENCY.
ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. The LOCAL AGENCY will reimburse the CONSULTANT based on a time and materials basis for
services rendered in accordance with the rates shown on the current fee schedule as described in
Exhibit A, attached and incorporated herein, in an amount not to exceed $75,000.00 for the original
one year term of this Agreement, and in an amount not to exceed $75,000.00 in any of the extended
one year terms. CPI adjustments to the hourly rates shown on Exhibit A may be approved by the
LOCAL AGENCY Public Works Director pursuant to Article N.B.
B. The CONSULTANT will not be reimbursed for actual costs (direct or overhead costs) that exceed the
approved Agreement value as provided in Subparagraph A above, unless additional reimbursement is
provided for by contract amendment. In the event that the LOCAL AGENCY determines that a
change to the work from that specified in the contract is required, the contract time and/or actual costs
reimbursable by the LOCAL AGENCY shall be adjusted by contract amendment to accommodate the
changed work.
C. Progress payments will be made monthly based on actual hours, hourly costs, and support service
costs charged to the project. Progress payments will only be processed upon receipt of itemized
invoice and progress report submitted to the LOCAL AGENCY. If CONSULTANT fails to submit
the required deliverable items according to the schedule set forth in the Statement of Work, the
LOCAL AGENCY shall have the right to delay payment and/or terminate this Agreement in
accordance with the provisions of Article VI Termination.
D. No payment will be made prior to approval of any work, nor for any work performed prior to
approval of this contract.
E. The CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit upon receipt by
the LOCAL AGENCY's Contract Manager of an itemized invoice. Invoices and progress reports
shall be submitted no later than 45 -calendar days after the performance of work for which the
CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each
project as applicable. Invoices shall reference this contract number and project title. Final invoice
must contain the final cost and all credits due the LOCAL AGENCY including any equipment
purchased under the provisions of Article XVI Equipment Purchase of this contract. The final
invoice should be submitted within 60 -calendar days after completion of the CONSULTANT's work.
Invoices shall be mailed to the LOCAL AGENCY's Contract Manager at the following address:
City of San Rafael
Attention: Kevin McGowan
111 Morphew Street
San Rafael, CA 94901
F. All subcontracts in excess of $25,000 shall contain the above provisions.
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