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HomeMy WebLinkAboutC-9710-1 - On-Call PSA for Professional Surveying ServicesON -CALL PROFESSIONAL SERVICES AGREEMENT Q7— WITH BKF ENGINEERS FOR ` PROFESSIONAL SURVEYING SERVICES v THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 27th day of August, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and BKF ENGINEERS, a California corporation ("Consultant"), whose address is 2100 Franklin Street, Suite 4C, Oakland, CA 94612, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide on -call professional surveying services ("Project"). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: The term of this Agreement shall commence on the Effective Date, and shall terminate on August 26, 2029, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 2.1 Consultant shall perform the on -call services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Upon written request from the Project Administrator as defined herein, Consultant shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include the following: 2.1.1 A detailed description of the Services to be provided; 2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; WIJ 2.1.3 The estimated number of hours and cost to complete the Services; 2.1.4 The time needed to finish the specific project. 2.2 No Services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall diligently perform the duties in the approved Letter Proposal. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Letter Proposal and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Five Hundred Thousand Dollars and 00/100 ($500,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person BKF Engineers Page 2 who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement and the Letter Proposal or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated David Jungmann to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Public Works. City's Director of Public Works or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing BKF Engineers Page 3 relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties"), from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action BKF Engineers Page 4 on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. BKF Engineers Page 5 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes BKF Engineers Page 6 full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall 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 to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have BKF Engineers Page 7 resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Director of Public Works Public Works City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: David Jungmann BKF Engineers 2100 Franklin Street, Suite 4C Oakland, CA 94612 BKF Engineers Page 8 26. CLAIMS 26.1 Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 26.2 To the extent that Consultant's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Consultant to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Consultant shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. BKF Engineers Page 9 28. PREVAILING WAGES 28.1 If any of the Work contemplated under the Agreement is considered a "public work", pursuant to the applicable provisions of the Labor Code of the State of California, including but not limited to Section 1720 et seq., not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman shall be paid to all workmen employed on such. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Consultant is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Consultant or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 28.2 In such event, unless otherwise exempt by law, Consultant warrants that no contractor or subcontractor was listed on the bid proposal for the Services that it is not currently registered and qualified to perform public work. Consultant further warrants that it is currently registered and qualified to perform "public work" pursuant to California Labor Code section 1725.5 or any successor statute thereto and that no contractor or subcontractor will engage in the performance of the Services unless currently registered and qualified to perform public work. 29. STANDARD PROVISIONS 29.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 29.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. BKF Engineers Page 10 29.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 29.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 29.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 29.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 29.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 29.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 29.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] BKF Engineers Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 5k/2, CITY OF NEWPORT BEACH, a Californi municipal corporation Date: /c /zoz N By: (.) By: �C A on C. Harp .117 Will O'Neill City Attorney8/a y Mayor ATTEST: Date: I• o 0t;Foa CONSULTANT: BKF ENGINEERS, a California corporation Date: Signed in Counterpart By: Jean Chen Chief Financial Officer Date: Signed in Counterpart By: Davis Thresh Vice President [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements BKF Engineers Page 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:— By:AenC.rnHarp C(Iv;) $ 4 8/� Attorney ay ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Will O'Neill Mayor CONSULTANT: BKF ENGINEERS, a California corporation Date: j/qZZO LV By: Jean Chen Chief Financial Officer Date: 9 - Z 9 - Zo Z + By: Davis Thresh Vice President [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements BKF Engineers Page 12 EXHIBIT A SCOPE OF SERVICES BKF Engineers Page A-1 Exhibit A Scope of Services Consultant shall provide comprehensive professional surveying services on an as - needed basis. The scope, work schedule, and fee for each task will be negotiated on a project -by -project basis in connection with a letter proposal submitted by Consultant pursuant to the terms of the Agreement. A simple -formatted letter proposal will be requested for each task. The City reserves the right to not accept a particular Consultant letter proposal and/or fee. The following is a list of survey services that may be required: - Providing horizontal and vertical control - Establishing and adjusting benchmarks and survey monuments - Performing design, aerial, and topographic surveys - Setting aerial targets and performing photo control - Performing boundary surveys and boundary analysis - Providing centerline surveys and centerline ties - Preparing corner records - Preparing Records of Survey - Developing legal descriptions, easements and plat maps - Reviewing and/or Preparing Subdivision Maps, Tentative and Final maps - Reviewing/Interpreting Title Reports, deeds, and descriptions - Performing construction surveying/staking - Other survey -related tasks, as necessary �Ifff1J �1i'a:'il �ir'ia Off � W itfil � 11�1 ■ tifffO��o�■ 'I.ifff»�1 �1• ": tl t�tin�t u i ni ,t�ffffl��� ■n,�ii �1�1f11�l �tttl� � ■ � flf �ttl��ttt �t■n. -..� ram- �7a ' JUNE 19, 2024 BKF Engineers 4675 MacArthur Court, Suite 400 Newport Beach, CA 92660 www.bkf.com City of Newport Beach REQUEST FOR PROPOSAL (RFP) NO. 24-62 ON -CALL PROFESSIONAL SURVEYING SERVICES clea�nn,law F� ntt r nn. NNW, a mu ix k ,l, oa , im Contact David Jungmann W (949) 526-8481 In � djungmann@bkf.com � �OA COVER LETTER June 19, 2024 Mr. Omar Khalil, Assistant Management Analyst (949) 644-3013 okhalil@newportbeachca.gov SUBJECT: REQUEST FOR PROPOSALS (RFP) NO. 24-62 FOR ON -CALL PROFESSIONAL SURVEYING SERVICES Dear Omar, BKF Engineers (BKF) are enthusiastic about extending our expertise to the City of Newport beach. Recognizing the critical need for project support, we can supply data across a range of projects, we bring a wealth of experience in conducting field surveys, delineating boundary lines, performing topographic surveys, preparing descriptions, plats, records of survey, and right of way maps. Our team is well -versed in handling diverse surveying tasks across all varieties of construction projects. Our objective is to align closely with the city's goal of fulfilling project requests promptly and professionally. BKF will serve as an extension of the City's staff to ensure timely completion of task orders as they are assigned. SIMILAR WORK. BKF has established the reputation in delivering projects that meet their expectations, on time and within budget. Our extensive experience with on -call land surveying services has helped us develop a thorough approach and responsiveness that gets projects moving quickly. For more than 108 years, BKF has established the reputation with public agencies in delivering projects that meet their expectations, on time and within budget. The relationships that we have established over the years, have contributed to our success in winning more than 30+ southern California On -Call contracts. Some of our recent On -Call experience includes: City of Huntington Beach, City of Buena Park, City of Anaheim, City of Long Beach, and our current City of Irvine On -Call for Surveying Services. EXPERIENCED TEAM. BKF has established an extensive working -relationship with similar surrounding beach cities including the cities of San Clemente, Laguna Beach, Costa Mesa, Huntington Beach, and Long Beach. We understand that many areas of these cities experience a large influx of seasonal visitors, which creates swings in vehicular and pedestrian traffic volumes. These same areas may be older neighborhoods with relatively narrow streets and complicated utility configurations. BKF understands that portions of these cities may have an overlying theme or aesthetic that needs to be considered in the planning and design of projects; and we understand that the City of Newport Beach has implemented a Local Coastal Program, the terms of which need to be considered when projects are located within the Coastal Zone. Additionally, BKF currently holds more than 35+ On -Call contracts, which are identified in our proposal. POINT OF CONTACT. David Jungmann, PLS, Project Manager will be available during the entirely of this contract via phone or email at (949) 526-8481, or djungmann@bkf.com. As Principal and Vice President, Davis Thresh, PLS, can make legally binding commitments on behalf of BKF Engineers. I am available to expand on any part of this proposal and answer any further questions. Please feel free to contact me during the selection process at (949) 526-8481. We look forward to continue our working relationship with the City of Newport Beach. Sincerely, B Kj_,EN4WEERS v C G� — Davis Thresh, PLS David Jungmann, PLS Principal/Vice President Associate Principal/Project Manager RAI City of Newport Beach I Professional Surveying Services 1laotla 16 109,500 Regional Surveying Hours Offices Logged in 2022 STATEMENT OF QUALIFICATIONS BKF Engineers Delivering Inspired Infrastructure for over 100 years Since 1915, BKF Engineers has earned a reputation for its ability to successfully plan, design, survey, and implement complex projects. Through our network of 16 west coast offices, BKF provides civil engineering, land surveying, land planning, and funding resources services for government agencies, institutions, developers, design professionals, contractors, school districts, and corporations. The size of our firm gives BKF the benefit of providing the personal service that is typically associated with smaller firms while having access to a wide variety of resources that a larger firm provides. BKF Engineers logged over 103,963 field hours in 2023, making us one of Northern California's largest and most responsive surveying firms for the last five years. Our licensed land surveyors, who manage over 35 crews, know how to use various tools and methods to achieve desired results, whether locating boundaries in rural, rugged terrain or digitally scanning a new skyscraper building structure. We perform our typical services using the latest technology —including 3D Laser Scanning and drones. BKF has specialists in each service area, from geodetic and photo control to performing right-of-way, topographic, utility, and construction surveys. We believe our success in project innovation combines "thinking out of the box" and a well-grounded understanding of project requirements. SURVEY SERVICES • Structural Steel Surveying • 3D Laser Scanning / High Definition Surveying (HDS) • BIM, VDC, and Digital Models • Topographic and Boundary Surveying ■ GPS Surveys ■ GIS Base Mapping • Right of Way Mapping • Unmanned Aerial Surveying • Utility Locating • Subdivision, Parcel, and Final Maps ■ ALTA/NSPS Land Title Surveys • Construction Staking and Monitoring Surveys • As -Built Surveys • Volumetric Surveys • Control Surveys City of Newport Beach I Professional Surveying Services 2 REQUEST FOR PROPOSAL (RFP) NO. 24-62 SURVEY SERVICES Employing internal controls that balances diligence, technical innovation and precision, and efficiency, BKF's surveyors logged more field hours than most other firm in California in 2018-2023. Our dedicated team of licensed professional, surveying experts, and experienced field crews specialize in a diverse portfolio of services, including geodetic and photo control, right of way and ALTA surveys, topographic and utility surveying, boundary resolution and mapping construction surveys, and BIM integration. To deliver economical and quality surveys and boundaries to our clients, we actively use and perform surveying services with the latest industry technology— 3D Laser Scanning, Automated Instrumentation and Unmanned Aerial Sensors —and are leaders in providing training and developing protocols for our industry peers. - Review plans - Calculate offset points - Prepare cut sheets - Collect as -built stake location - Perform field staking - Review title reports provided - Review data provided by the City - Research City/County road files/ available field notes - Research Caltrans records - Calculate record information to identify title conflicts - Identify horizontal and vertical control datum - Reconnaissance of existing control - Pre —planning of static survey - Field observations - Post process data - Prepare GPS Control Report - Calculate search ties for existing corners - Field surveys to tie out found points to control net - Adjustment of data - Resolve discrepancies between record data & found evidence - Prepare hardcopy of title information, found evidence and resolved boundary - Review City right of way requirements - Prepare appraisal maps and individual plats - Prepare property descriptions and plats - Monument right of way - Prepare Record of Survey - Determine best method for topographic (topo) mapping based on client's needs - If aerial mapping, provide photo control utilizing RTK or fast static GPS - Perform on the ground topo mapping - Research maps and deeds of record - Calculate record documents - Locate field evidence of property corners and movements - Boundary information - Plot title exceptions & easements - Topo, as -built & monitoring surveys - High speed data capture for future manipulation and extraction - Geo-reference using onsite project control - 3-D models - Utilizes Leica C10 & P40 High -Definition Scanners - Provide accurate, fast and efficient results for topographic surveys and construction staking - Adaptable to project needs - Provides highly repeatable results City of Newport Beach I Professional Surveying Services 5 REQUEST FOR PROPOSAL (RFP) NO. 24-62 TYPICAL ON -CALL PROJECT WORK PLAN Our approach may involve meeting with the City to go over the requested scope items, so that we have a firm understanding of the task at hand. Once the task has been assigned, we will rely on our "local" expertise to get your project heading in the right direction, and we will deliver results within the time - frame requested by the City. Depending on the nature of the task, BKF will have teams that specialize in topographic surveying and data collection, as well as a team that will work on any boundary mapping and legal descriptions that may be necessary. BKF's local boundary experts will use their knowledge along with research and field information to prepare Record of Surveys in conformance with the California Land Surveyor's Act and City requirements. These maps will clearly identify the horizontal coordinate system, record and measured dimensions, documents used to complete the survey, and the monuments found and set in the field. This information will be GIS ready to ensure all work done for the City can be stored electronically in one central location. BKF recognizes that an organized approach to project delivery is critical to success in today's work environment. We understand that the management and approval of projects is often more challenging than the production of the project documents. Ensuring that these processes do not become obstacles will allow a project to be delivered on schedule and within budget. David Jungmann, PLS, will personally oversee BKF's 5-Step Management Plan, which has been developed based on years of experience and implementation. BKF's project management plan is a clear and simple plan, which has proven success. It is now part of our corporate culture and extends through all of our staff. Our plan is as follows: • 0 STEP 1: PARTNERING Through experience, BKF understands that good teamwork and clear delegation of project tasks and responsibilities results in a project that meets its goal on schedule and within budget. BKF's experience in coordinating in-house personnel, partnerships with any sub -consultants that may become necessary and with the City's staff will facilitate timely project delivery and streamline the design, therefore simplifying the coordination required. __._. To ensure team building, we recommend frequent project team meetings. Initial meetings will concentrate on establishing a mutually -agreeable schedule, discussing project scope and goals, assigning team member responsibilities, and validating early design assumptions. BKF, as demonstrated in the past, will be an active and supportive team member. This partnering will allow us to complete the quality construction documents which accomplish the desired goals within the budget and schedule constraints. STEP 2: WORK PLAN Based on significant past experience with cost -driven projects, BKF has found that paying attention to the key issues and processing details early in the process enables a cost effective project to be delivered on schedule. To this end, BKF will develop a detailed and precise work plan for each project based on our discussions and concurrence on the project scope. The work plan will consider all the tasks and subtasks involved to meet the project goals. A schedule will be developed which identifies each task by its duration, begin and end dates, and milestones. All deliverables will be documented in the schedule so that the level of effort and required resources are defined properly. This detailed work plan will provide the project manager with the tools to track and control the project throughout its duration. A kick-off meeting with the City Staff is important to discuss and confirm the scope of work and schedule of deliverables. This can be done on via virtual meeting with a shared screen, or a site walk with the client together with our party chief/project surveyor. 0-0 City of Newport Beach I Professional Surveying Services 6 REQUEST FOR PROPOSAL (RFP) NO. 24-62 909 STEP 3: MOBILIZATION f-'S BKF has in place project teams which can be dedicated to the approval, delivery, and construction of the projects. As one of the largest firms in California, with more than 450+ staff members in 16 offices, BKF is completely confident in our ability to immediately mobilize the required staff necessary to meet the peak demands associated with the projects. Meeting schedules is critical to the success of projects with funding constraints. To meet the schedule, you must select a firm which has all the resources to deliver all aspects of the project. BKF has a strong blend of land surveyors, civil engineers, transportation engineers, traffic engineers, hydrologists, utility designers, and construction administration personnel. ✓STEP 4: QUALITY CONTROL The BKF quality control program requires independent checking and peer review of all documents. Assigned quality control engineers and senior -level peer reviewers, not otherwise associated with the project, will review each necessary document before submittal. In-house reviews and incorporation of review comments will occupy at least five (5) working days of scheduled time and will normally take place just before the documents are submitted for review. As part of our monitoring process, we track the design costs expended in each task versus the allocated budget on a monthly basis. In addition, we will develop a reliable baseline cost estimate that will serve as a yardstick against which future cost developments can be measured. BKF has contractor resources that can provide detailed pertinent costs, which will help develop our base line costs. ` STEP 5: DELIVERY BKF has a proven track record in delivery of projects. The delivery of a project involves more than the production of construction documents, BKF's definition of delivery means that the project goals have been achieved. A hand-off meeting will be done when the deliverables are submitted. BKF will discuss with the city staff the lessons learned and how we can be more efficient on the next project. The feedback that we get on the hand-off meetings are valuable for continuously improving our services, and also making sure that the check lists and expectations of our clients are met. With BKF's on -call work plan in place and continually monitored, partnering is strengthened, the work plan is executed, and the quality is demonstrated. This ensures that BKF can deliver a successful project, which meets all of the City's goals. M0 City of Newport Beach I Professional Surveying Services 7 - -- REQUEST FOR PROPOSAL (RFP) NO. 24-62 WORK PLAN FOR CITY TASK ORDERS The following flowchart shows the steps which will be taken on City of Newport Beach Task Orders: ....................................... BKF TEAM: ■ Assign staff ■ Review scope • Review budget • Review City Survey & Office Procedure Manual ■ Implements Quality Assurance/Quality Control Plan ........................... BKF REVIEWS & ADDRESSES CITY'S COMMENTS ............................... BKF DELIVERS FINAL WORK PRODUCT ......................................... CITY ISSUES TASK ORDER .................................... BKF & CITY MEET TO DISCUSS SCOPE ............................. CITY SCOPE & BUDGET REVIEW ........................................ .............................. CITY RELEASES NOTICE TO PROCEED • ........................................ • .......................................... BKF TEAM BEGINS TASK ORDER WORK ......................................... BKF QA/QC IS ON -GOING ................................. BKF COORDINATES & PREPARES FINAL DELIVERABLES BKF TRANSMITS FINAL DELIVERABLE ......................................... CITY REVIEWS ........................................ FINAL DELIVERABLE .............................. BKF TEAM MEETS WITH CITY TO DISCUSS PROJECT DELIVERABLE AND BRAINSTORM FUTURE ALTERNATIVES FOR QUICKER DELIVERY ....................................... CITY/BKF TEAM: ■ Evaluate task order assignment • Evaluate expertise & personnel required • Evaluate current/future workload • Evaluate QA/QC measures required • Estimate required budget • Evaluate community outreach requirements ....................................... BKF TEAM: ■ Supervisors meet with staff to discuss scope, challenges, budget, and any additional City needs • Office staff complete research and prepare field packages ' Field crew supervisor meets to discuss logistics and safety with field crews • Field crew supervisor assigns requests based on expertise ' Field crew perform work • QA/QC of field work is monitored and checked by project supervisor ■ Project Manager assigns work to junior staff and performs QA/QC ■ Completed survey request reviewed by Supervising PLS and Project Manager City of Newport Beach I Professional Surveying Services 8 REQUEST FOR PROPOSAL (RFP) NO. 24-62 QUALITY CONTROL BKF's Quality Assurance program is rooted on the premise that to obtain quality deliverables and a quality project, it must resonate throughout the design and documentation process. A well-defined work plan will integrate the design parameters and goals; great communication will ensure that the plan is implemented; internal checklists assist in verifying the results; and proactive construction support will facilitate a successful project completion. BKF has a proven track record performing consulting services that develop projects of the highest quality. Our goal is to deliver innovative design solutions that are completed on schedule and within budget. The following aspects are integral to our management philosophy: • A work plan that defines the project tasks • A schedule that meets consulting teams needs ■ Effective communication ■ Internal quality control at each stage of project • Proactive construction support QUALITY IS ENHANCED BY INTERNAL QA/QC QUALITY STARTS WITH A PROJECT WORK PLAN At the start of each phase of the project, BKF will prepare a Project Work Plan based on the project scope of work contained in the contract, on the specific project needs, and on the requirements of our internal QA/QC checklist. The plan outlines those tasks we believe are necessary to successfully complete the project. The Work Plan is based on a formal definition of the project elements. We will use this Work Plan to coordinate the team. QUALITY IS MAINTAINED THROUGH COMMUNICATION The communication conduit both internally and externally will be focused on Davis Thresh, PLS, Principal in Charge and Ben Santos, PLS, Project Manager. Davis and Ben will be the main points of contact with the City of Newport Beach and will be responsible for the overall team and ensuring tasks are completed on schedule. We have found that regular meetings are the best method to exchange ideas and information. As required, regular meetings with the team will be Two weeks prior to any scheduled submittal, BKF will complete an internal review of our documents. Walter Stemberga, QA/QC Manager, will check the documents for errors, perform a constructability review, and suggest alternatives for cost savings. In the final week prior to submittal, the documents KICK-OFF PROGRESS SUBMITTING HAND-OFF/ MEETINGS REPORT DELIVERABLES CLOSEOUT MEETINGS City of Newport Beach I Professional Surveying Services 9 REQUEST FOR PROPOSAL (RFP) NO. 24-62 SCOPE OF SERVICES PROVIDING HORIZONTAL AND VERTICAL CONTROL • Providing horizontal and vertical control BKF is equipped to deliver precise horizontal and vertical control networks for projects of any size, employing both advanced GNSS/GPS equipment and conventional survey techniques. Our state-of-the-art GNSS/GPS technology enables us to perform highly accurate static, fast -static, and real-time kinematic (RTK) surveys, ensuring precise geospatial data collection. Complementing this with conventional survey methods, such as robotic total station traverses and digital leveling, allows us to establish reliable control points even in challenging environments. By integrating these methodologies, BKF creates robust control networks that form the backbone of successful engineering, construction, and mapping projects, ensuring the highest standards of accuracy and reliability. ESTABLISHING AND ADJUSTING BENCHMARKS AND SURVEY MONUMENTS • BKF can perform control surveys to establish a project's horizontal and vertical control points. We have the latest GNSS/GPS equipment necessary to perform static, fast -static, or real-time kinematic (RTK) surveys. Additionally, we can conduct conventional traverse with our robotic total stations and adjust the data using least squares adjustment through Star*Net software. For precise elevation, we utilize advanced digital levels with bar-coded rods. We are capable of setting benchmarks and other reference control points for the City's projects, as well as establishing new benchmarks or replacing existing ones as needed. PERFORMING DESIGN, AERIAL, AND TOPOGRAPHIC SURVEYS • BKF can perform topographic surveys to prepare base maps of designated areas to show existing conditions and support the design of engineers, architects, and planners. The topographic surveys may be obtained using digital photogrammetry and aerial surveys or our total stations and laser scanners with ground surveys. We can also use our drones/unmanned aerial vehicles to surveyand prepare base maps. AERIAL SURVEYS BKF partners with aerial surveying subconsultant 360 Aerial Surveys for large projects that may require aerial photogrammetry and mapping. • This may include mounting different sensors, including the use of LiDAR technology. Moreover, BKF has an in-house "drone" program using uncrewed aerial systems (UAS) to perform aerial surveys for various projects. We can produce civil 3D surface and digital terrain models (DTM) with one -foot contour intervals as part of the deliverables. SETTING AERIAL TARGETS AND PERFORMING PHOTO CONTROL • BKF excels in setting aerial targets and performing precise aerial photo control, ensuring the highest accuracy for aerial mapping and photogrammetry projects. Our team strategically places and meticulously surveys aerial targets using advanced GNSS/GPS equipment, guaranteeing optimal visibility and accuracy. By integrating these targets with high -resolution aerial imagery, we enhance the geospatial data's precision, enabling accurate mapping and detailed analysis. Whether for large- scale city planning, infrastructure development, or environmental monitoring, BKF's expertise in aerial photo control provides the City with reliable, high -quality data crucial for informed decision - making and successful project execution. PERFORMING BOUNDARY SURVEYS AND BOUNDARY ANALYSIS • BKF will perform boundary surveys per the Professional Land Surveyors (PLS) Act, and a licensed land surveyor will supervise all surveys. We can retrace boundary lines based on the vesting deed and plot all easements based on the title report. BKF surveyors will address complex boundary resolutions by applying knowledge in boundary control and legal principles utilizing evidence and procedures for boundary locations. City of Newport Beach I Professional Surveying Services 10 REQUEST FOR PROPOSAL (RFP) NO. 24-62 PROVIDING CENTERLINE SURVEYS AND CENTERLINE TIES BKF can perform control surveys to establish a project's horizontal and vertical control points. We have the latest GNSS/GPS equipment for static, fast - static, or real-time kinematic (RTK) methods. We can also do a conventional traverse with our robotic total stations and do least squares adjustment using Star*Net software. For precise elevation, we use advanced digital levels with barcoded rods. We can set benchmarks and other reference control points for the City's projects. PREPARING CORNER RECORDS + RECORD OF SURVEY BKF shall prepare Record of Surveys (ROS) and Corner Records (CR) as part of the corner records efforts for the city. If the project triggers the requirements of the Professional Land Surveyor's Act, we will file the corner records documents to the city surveyor. We understand that the city has funds to support the Survey Corner Records Program, including the retracement and re-monumentation of major historical land division lines within the city. BKF may support the field surveying and retracement of boundary lines and assist in corner records. DEVELOPING LEGAL DESCRIPTIONS, EASEMENTS AND PLAT MAPS BKF is proficient in developing detailed legal descriptions, easements, and plat maps, providing essential documentation for dedications, easement creation, vacations and other land development needs. Our experienced surveyors meticulously analyze and interpret deeds and maps, ensuring that all legal descriptions are accurate and compliant with regulatory standards. We prepare precise easements that clearly define property rights and access, facilitating smooth project progress and legal clarity. Additionally, BKF creates comprehensive plats that visually represent property boundaries, easements, subdivisions, and other land features, serving as crucial tools for urban planning and development. By delivering precise and reliable legal documentation, BKF supports the City in managing its land resources effectively and efficiently. REVIEWING AND/OR PREPARING SUBDIVISION MAPS, TENTATIVE AND FINAL MAPS BKF may assist the District in preparing tentative maps and other subdivision maps. Moreover, we can assist the City in map checking and review. BKF will provide a technical map review that addresses all provisions of the California Subdivision Map Act and local ordinances applicable at the time of approval of the tentative map. We will ensure that these provisions have been complied with and that the map is deemed technically correct for processing through departmental approval. A BKF Licensed Land Surveyor will check the normal jurats of the coversheet, i.e., Owners, District Surveyor, District Engineers Statement, Surveyors Statement, Clerk of the Board of Supervisors, and Recorders Statements and Title for clarity, continuity, and content. BKF REVIEWING/INTERPRETING TITLE REPORTS, DEEDS, AND DESCRIPTIONS BKF offers expert review and interpretation of title reports, deeds, and legal descriptions, ensuring the accurate and thorough understanding of property details and ownership records. Our skilled professionals meticulously examine these documents to identify any discrepancies, encumbrances, or legal issues that may impact property transactions or development projects. By leveraging our extensive knowledge of land surveying and legal requirements, we provide clear and concise interpretations, facilitating informed decision -making and smooth project execution. BKF's comprehensive review services ensure that the City's property records are accurate, up-to-date, and compliant with all relevant regulations, thereby supporting effective land management and development initiatives. WF City of Newport Beach I Professional Surveying Services 11 REQUEST FOR PROPOSAL (RFP) NO. 24-62 CONSTRUCTION STAKING BKF has numerous field crews with decades of construction staking experience. Their experience includes complex projects which are hundreds of millions of dollars in size. Some of these projects are fully designed, and some are design -build. BKF's field and office personnel understand how to work closely with contractors, designers, and owners to ensure the intricate details are not overlooked to help ensure a project's success. Construction verification surveys typically fall into three related but different categories. OTHER SURVEY TASKS, AS NECESSARY P�JMML,MENT PnT11T,,r_RVAT10N BKF shall prepare Record of Surveys (ROS) and Corner Records (CR) as part of the monument preservation efforts for the city. If the project triggers the requirements of the Professional Land Surveyor's Act, we will file the monument preservation documents to the city surveyor. We understand that the city has funds to support the Survey Monument Preservation Program, including the retracement and re-monumentation of major historical land division lines within the city. BKF may support the field surveying and retracement of boundary lines and assist in monument perpetuation. CONTROL SURVEYS BKF can perform control surveys to establish a project's horizontal and vertical control points. We have the latest GNSS/GPS equipment for static, fast- static, or real-time kinematic (RTK) methods. We can also do a conventional traverse with our robotic total stations and do least squares adjustment using Star*Net software. For precise elevation, we use advanced digital levels with barcoded rods. We can set benchmarks and other reference control points for the City's projects. STAFF AUGMENTATION BKF is available to support the city's engineering and surveying projects. With an acute understanding of Newport Beach infrastructure demands, our tailored staff augmentation solutions seamlessly integrate with projects of any scale, from urban revitalization to cutting -edge developments. Whether it's expert engineers or meticulous surveyors, our flexible staffing services ensure precise talent alignment, propelling the City's projects forward with efficiencyand innovation. Collaborate with us to elevate the City's landscape and drive forward the City's engineering excellence. UTILILTY LOCATING BKF has in-house utility locators to mark the ground and protect underground utility infrastructure. We have industry -standard tools and equipment, including Ground Penetrating Radar (GPR) and electromagnetic signal detection techniques. We have a team of surveyors that work closely with our locators and engineers. We can map these utility paint markings to create lines in CAD format or use Civil 3D for BIM modeling and support engineers in performing clash detection/ clash avoidance on their designs. (> tRaIEY AND 'MONITORING Using leading industry technology, such as Leica's HID-) Scanner, BKF collects high -resolution point cloud data at up to 1,000,000 points per second. The detailed data gathered enables the creation of 3-dimensional models of projects, including as -built surveys, quality assurance/ quality control, topographical site surveys, roadway and highway surveys, ADA surveys, buildings, bridges, striping, and utility plants. We integrate the newest technology combined with traditional survey methods to reduce our clients' cost, and create accurate and detild d aeeliblBK veraes. F hli as censed pilots who have worked on a range of small to large projects. We utilize drones to deliver topographic survey images, point clouds, and videos. RM City of Newport Beach I Professional Surveying Services 12 GPS/GNSS EQUIPMENT (12 UNITS) - (2) Trimble R8 - (7) Trimble R10 - (1) Trimble R12 - (2) Leica GS-18T BKF has 12 GPS units with capability of real- time kinematic (RTK) surveys via real-time network (RTN) service from CSDS. BKF is also capable of post -processing static and fast static GPS data using Trimble Business Center. ROBOTIC TOTAL STATIONS (43 UNITS) - (6) Leica 1200 Plus - (3) Leica TS-12 - (10) Trimble S5 - (6) Leica TS-16 - (5) Trimble S6 - (10) Leica MS60 - (6) Trimble S7 - (1) hairy PrRP 1 )n:z - M Trimhla CA (1) TRIMBLE S9 All of BKF party chiefs are using robotic total stations, most of them are 1-second guns, and they go through periodic maintenance and calibration. DATA COLLECTORS (42 UNITS) - (25) Trimble TSC3 - (2) Trimble TSC7 - (1) Trimble R10 - (14) Leica CS 20 HIGH DEFINITION LASER (4 UNITS) - (2) Leica P40 - (1) Leica C10 - (1) Leica RTC 360 DIGITAL LEVELS (13 UNITS) Used for precise differential leveling and equipped with invar rods and bar-coded rods - (2) Leica DNA10 - (2) Leica LS15 - (9) Trimble DiNi BKF has more than 10 additional automatic levels — CarlZeiss Nit, Nikon AS-2, Wild NA2 which are used for checking benchmarks and doing basic level loops. MOBILE SMARTPHONES Each party chief is equipped with a smartphone that can view PDF mark-ups and control plots, and capability to transfer data from their data collectors for sending/ receiving survey data files while on the site. VEHICLES All of the party chiefs drive a Ford F150 truck or a GMC Sierra. BKF also has some spare trucks to be utilized in case a truck breaks down. A designated fleet manager handles the truck maintenance and makes sure that each truck is equipped with the right safety gears, survey tools and supplies. REQUEST FOR PROPOSAL (RFP) NO. 24-62 STREET TOPOGRAPHIC MAPPING BKF can perform the field survey and prepare base maps for sidewalk improvement projects. The base map will be -scale mapping, with 1 foot contoursprepared on a 20 and spot elevations. The CAD files will be delivered in Civil- t-t.. -! 3D 2018 format (or latest version). The survey will show a - existing conditions on the streets including the research of as -built utilities together with the information on invert elevation and direction of pipes. We will measureFk 'R cross -sections of the way to subject streets from right of J g Y right of way location including walks, top of curb, lip of gutter, conforms, and street grade breaks at intervals of ... _.......... -.-.._._._.._.............. approximately 25 ft. Street features such and concrete valley gutters will be measured. BKF will note low -height tree overhangs and general drip lines as well as measure utility structures within the street and right of way areas including City facilities such as meters and fire hydrants. Major overhead utility line crossings within the street areas will be noted. If laser scanner is utilized, the above services (excluding control) will be performed using Leica's Virtual Surveyor upon completion of the field scan of the project topography. For the past 5 years, BKF has prepared almost 100 miles of street mapping for local government agencies and design - build companies. We have developed the efficient approach to the cost per linear feet. We walk the streets as our final QA/QC to make sure we capture all topographic features and verify that the line work is correct before we deliver our mapping products. BASE MAP PREPARATION • Set up base sheet layout at a scale approved by the City • Use City's layering convention and CAD standards • Set up and insert digital photos in the base map files, if desired • Plot cross-section elevations on the base maps • Plot walk and curb lines on the base maps • Plot and draft utility information measured in the field and from record data onto the base maps showing rim elevations • Tree drip lines will also be shown on the aerial photos • Add GIS property information onto base maps City of Newport Beach I Professional Surveying Services 14 REQUEST FOR PROPOSAL (RFP) NO. 24-62 BKF ORGANIZATIONAL INFORMATION The organization chart presented below displays our proposed team organization, depth of resources, and coordination between team members. The continuity of having a team that understands and is already working on other similar projects with the City of Newport Beach, will contribute to the success of any Project, as assigned by the City. •.................................................................. CITY OF IRVINE Key Personnel •' PROJECT MANAGEMENT Davis Thresh, PLS Principal in Charge BKF ENGINEERS David Jungmann, PLS Project Manager BKF ENGINEERS KEY MANAGEMENT ROLES PROJECT MANAGER POINT OF CONTACT David Jungmann, PLS Project Manager (949) 526-8481 djungmann@bkf.com BKF DIR NUMBER Name: BKF ENGINEERS License Type Number: 1000002096 Walter Stemberga QA/QC Manager BKF ENGINEERS Ron Ver, PLS Nate Parker, PLS Project Surveyor Field Survey Manager BKF ENGINEERS BKF ENGINEERS Grady Roth, PLS Sharon Weitzel Robert Berg Office Surveyor Certified Party Chief Field Surveyor BKF ENGINEERS BKF ENGINEERS BKF ENGINEERS AS -NEEDED SUBCONSULTANTS AEROTECH MAPPING Eric Phan, CP, PLS Aerial Surveying City of Newport Beach I Professional Surveying Services 15 OWIA REQUEST FOR PROPOSAL (RFP) NO. 24-62 SUBCONSULTANT FIRM PROFILE AEROTECH MAPPING, INC I Aerial Surveying AEROTECH MAPPING,INc. For the past 22 years, AeroTech Mapping (ATM) has supplied high -quality geospatial solutions, services, and support for the A/E/C industry. They have completed projects across the United States and abroad using the latest technology and resources, combined with a highly educated and experienced staff. Their mission is to bring their clients the highest quality geospatial products and services available. ATM has a diverse group of geospatial professionals with over 200 years of combined experience in the photogrammetric industry. With over 10,000 completed projects to date, their team has the expertise to bring the clients projects to life. In addition, their state-of-the-art facilities and equipment improve their efficiency, thereby reducing their schedule times, so you are not waiting on your mapping consultant. SUBCONSULTANT BIO ERIC PHAN, CP, PLS I AEROTECH MAPPING, INC I Aerial Surveying ......................................................................................................................................................................................................................................................................................................... . EDUCATION I B.S., Survey Engineering & Geomatics Engineering, California State University, Fresno REGISTRATION I ASPRS Certified Photogrammetrist (CP) #1589 Relevant Project Experience ■ PSEP Line 85 South, 14 Miles, Aerial Base Mapping & LiDAR • PSEP Line 225, 34 Miles, Aerial Base Mapping & Li DAR • PSEP Line Bridge 2000, 2 Miles, Aerial Base Mapping Eric has been working in the surveying and photogrammetric industries for over 25 years and brings a wealth of knowledge and professional experience to the company. Well versed in all disciplines of surveying and photogrammetry. Eric has successfully managed over 1,500 surveying mapping projects during his distinguished career. His software experience includes: Trimble GPS Equipment and Software, ESRI's ArcGIS/Info, Intergraph's Microstation Site Works, Autodesk Civil 3D products, UltraCAM Essential AeroTriangulation & Orthophotography, Summit Evolution Softcopy System. r City of Newport Beach I Professional Surveying Services 16 BKF TEAM RESUMES EDUCATION Surveying, Diablo Valley College, Pleasant Hill, CA REQUEST FOR PROPOSAL (RFP) NO. 24-62 DAVIS THRESH, PLS PRINCIPAL IN CHARGE Davis is a Survey Principal/Project Manager, overseeing BKF's survey group. His survey experience spans over 40 years. Throughout his tenure with BKF, he has played a key role in many projects in both the public and private sectors. His responsibility involves project management of all survey projects including scheduling, budget tracking, dispatching, supervision of crews, and coordination of the office and field surveyors. Davis has directly overseen the topographic surveys, construction staking survey and right of way acquisition and mapping for many of the firm's roadway and highway projects. SELECT PROJECT EXPERIENCE Jamboree/Barranca Intersection Improvement Project, Irvine, CA REGISTRATION - Coordinated research & field crews for boundary search & plotting Professional Land - Topographic Map Drafting & Redlining Surveyor, CA No. - Control — GPS Surveying Adjustments 6868 - Coordinated Locating of Existing Monuments Foster Road Side Panel, Norwalk, CA TOTAL YEARS -Survey Manager EXPERIENCE - Horizontal and vertical site control 40 years - Design level topographic site survey - Monument collection for record map compilation Central Anaheim Base Mapping, Anaheim, CA - Right of Way Engineering & Mapping - Map Checking Services - Survey & Mapping - Utility Base Mapping & Utility Coordination - Field and Office Survey Support Pico Rivera Regional Bikeway, Pico Rivera, CA - Control — GPS - Aerial Mapping - Topographic Data Collection - Locating Existing Monumentation McKinley Street Grade Separation, Corona, CA - Pre -Construction Record of Survey - Survey Control - Land Net Survey — work to include: Legal descriptions and plats, Record of Surveys, and Monument perpetuation - Utility Verification - Advanced Design Surveys - Right of Way Engineering - Stake Property Lines - Post -construction Record of Survey WF City of Newport Beach I Professional Surveying Services 17 .00 EDUCATION United States Marine Corps (Survey Chief) REGISTRATION Professional Land Surveyor, CA No. 9592 TOTAL YEARS EXPERIENCE 36 Years AFFILIATIONS Past President of the California Land Surveyor's Association (CLSA), San Francisco Chapter Past Secretary of the California Land Surveyor's Association (CLSA), Santa Clara Chapter REQUEST FOR PROPOSAL (RFP) NO. 24-62 DAVID JUNGMANN, PLS PROJECT MANAGER David has an extensive amount of surveying experience. He manages survey crews, client coordination, crew scheduling, information management, field and office calculations, and various types of map production. David is also well versed in the resolution of property lines and right of way lines based on field measurements and record mapping of the subject area as well as the drafting of mapping for Records of Survey, Corner Records, and Parcel Maps. SELECT PROJECT EXPERIENCE Washington Bridge, Pico Rivera, CA - Control — GPS - Aerial Mapping - Topographic Data Collection - Locating Existing Monumentation Right of Way for Chino Airport, Chino, CA - Control — GPS - Topographic Data Collection - Locating Existing Monumentation State Route 101 Managed Lanes, Menlo Park, CA - Pre -Construction Record of Survey - Survey Control - Land Net Survey — work to include: Legal descriptions and plats, Record of Surveys, and Monument perpetuation - Utility Locating and Mapping - Advanced Design Surveys - Stake Property Lines - Post -construction Record of Survey Dignity Moves Thousand Oaks Affordable Housing, Thousand Oaks, CA - Advanced Design Surveys - Stake Property Lines - Post -construction Record of Survey City of Redwood City Mapping/Survey, Redwood City, CA - Advanced Design Surveys - Utility Locating and Mapping - Stake Property Lines - Post -construction Record of Survey City of Vallejo On -Call Survey, Vallejo, CA - Advanced Design Surveys - Stake Property Lines - Post -construction Record of Survey UP City of Newport Beach I Professional Surveying Services 18 EDUCATION B.S., International Business, San Francisco State University REGISTRATION ITT Technical Institute, Design and Drafting Technology TOTAL YEARS EXPERIENCE 24 years REQUEST FOR PROPOSAL (RFP) NO. 24-62 WALTER STEMBERGA QUALITY ASSURANCE / QUALITY CONTROL MANAGER Walter oversees BKF's Newport Beach survey group and has played a key role in many projects, in both the public and private sectors. Responsibilities include project management of all survey projects including scheduling, budget tracking, dispatching, supervision of crews, and coordination of the office and field surveyors. Walter's experience includes directly overseeing the topographic surveys and construction staking survey for many projects. RELEVANT PROJECT EXPERIENCE Jamboree/Barranca Intersection Improvement Project, Irvine, CA - Coordinated research & field crews for boundary search & plotting - Topographic Map Drafting & Redlining - Control — GPS Surveying Adjustments - Coordinated Locating of Existing Monuments Central Anaheim Base Mapping, Anaheim, CA - Right of Way Engineering & Mapping - Map Checking Services - Survey & Mapping - Utility Base Mapping & Coordination - Field and Office Survey Support Bartley Avenue Rehabilitation Project, Santa Fe Springs, CA - Coordinated research & field crews for boundary search & plotting - Topographic Map Drafting & Redlining - Control — GPS Surveying Adjustments - Coordinated Locating of Existing Monuments Pine Avenue Streetscape, Long Beach, CA - Coordinated two phase project for streetscape improvements downtown - Coordinated ground topographic survey for 1.25 miles of commercial area - Researched record boundary to identify encroachments - Coordinated utility location and documentation McKinley Street Grade Separation, Corona, CA - Pre -Construction Record of Survey - Survey Control - Land Net Survey — work to include: Legal descriptions and plats; Record of Surveys; Monument perpetuation - Utility Verification - Advanced Design Surveys - Right of Way Engineering - Stake Property Lines - Post -construction Record of Survey PF City of Newport Beach I Professional Surveying Services 19 :� REQUEST FOR PROPOSAL (RFP) NO. 24-62 RON VER, PLS PROJECT SURVEYOR Ronald is a professional land surveyor with over 10 years of survey related experience in performing boundary and topographic surveys, monitoring surveys, ALTA survey, Record of Survey, Tentative/Final Maps, and Annexation Maps. He has expertise in managing schedules, preparing projects for field operations, and coordination with clients, project managers, party chiefs, and drafting staff. Ron also assists engineering staff, survey staff, schedulers, and technical drafters. He prepares legal EDUCATION descriptions, monuments preservation documents, plot right of way B.S., Civil Engineering, lines, performs least square adjustment control surveys, and other Geospatial Option, miscellaneous land surveying tasks for each project. California State Polytechnic SELECT PROJECT EXPERIENCE University, Pomona Alameda County Water District On -Call Surveying, Fremont, CA REGISTRATION - Provide surveying services for ground survey monitoring of 5 District Professional Land Facilities in Fremont and Union City Surveyor, CA No. - Topographic surveys for pipeline replacement projects 9592 - Preparing plat and legal description for easements - Boundary Surveys for verifying property lines and supporting site TOTAL YEARS selection of booster station project EXPERIENCE - Laser scanning project for landslide/erosion studies 10 years City of Palo Alto Utility Surveys, GPS Control Surveys, Topographic Survey, Palo Alto, CA - BKF used the CPAU WGW Engineering "feature codes" provided by the client to be able to make the import of data seamless into the GIS geospatial database - BKF performed the GPS control survey to localized into the Bestor map control points and provided the survey data in California State Plane Coordinates System Zone 3 (NAD83) - Leica GNSS GS-18T equipment was used with the Leica Captivate software with real-time kinematic methods connected to the Leica SmartNet network Junipero Serra Bike/Pedestrian Trail, Cupertino, CA - BKF chosen by the City to provide design and engineering consulting services, including survey, for the design of the eastern and central portions of the trail - Providing GPS Control Survey Control - Performed topographic survey using Leica P40 Laser Scanner - Base Map preparation of existing conditions - Preparing boundary survey City of Newport Beach I Professional Surveying Services 20 s EDUCATION Surveying, Santiago Canyon College, Orange, CA REGISTRATION Professional Land Surveyor, CA No. 9813 YEARS OF EXPERIENCE REQUEST FOR PROPOSAL (RFP) NO. 24-62 NATE PARKER, PLS SURVEY MANAGER Nate Parker has over 20 years of experience in field surveying. His project experience covers all aspects of field surveys including boundary, topographic, ALTA surveys; settlement and movement studies; and construction surveys involving subdivisions, high-rise buildings, bridges, grade separations, highways, utility layout, railroad layout, port surveys and airports. He handles all aspects of boundary, control, construction and topographic data collection. SELECT PROJECT EXPERIENCE Jamboree/Barranca Intersection Improvement Project, Irvine, CA - Topographic survey base map for design of Jamboree widening - Control — GPS and established site control by locating existing Orange County Survey control monuments and perpetuating the known datum to the project site - Oversaw field crews dispatched to the project site to collect topographic data on the existing conditions of the intersection, as well as cross - sections of Jamboree toward the 261 Toll Road, covering 1000' of roadway 20 years - Existing centerline monuments were located and tied to the project base map; monuments were recorded in detail; size, shape, and location to tie existing maps to the project for boundary references Central Anaheim Base Mapping, Anaheim, CA - Providing surveying and utility base mapping services - Responsibilities include Map Checking Services, Survey & Mapping, Utility Base Mapping, Utility Coordination, Right of Way Engineering & Mapping, Field and Office Survey Support - Responsible for overseeing all aspects of boundary, control, construction and topographic data collection. He has been heavily involved in working with APUD Project Managers on the recent projects reviewing legals and plats and preparing rights of entry for various street lighting projects - Various task orders from our contract included: - GSA #04, FY 17/18, Civil Base Map & Real Property Services - GSA #02, FY 18/19, On -Call Property Services - GSA #03, FY 19/20, Civil Base Map for Various Street Light Pine Avenue Streetscape, Long Beach, CA - 1.25 miles long/8 blocks streetscape project - Full ground topographic survey - Record boundary and record research - Located existing monuments and right of way monuments - Topographic data collection ago City of Newport Beach I Professional Surveying Services 21 EXHIBIT B SCHEDULE OF BILLING RATES BKF Engineers Page B-1 FEE PROPOSAL BKF ENGINEERS PROFESSIONAL SERVICES RATE SCHEDULE EFFECTIVE FOR DURATION OF CONTRACT CLASSIFICATION HOURLY RATE PROJECT MANAGEMENT Principal $311.00 Senior Associate Principal $288.00 Associate Principal $281.00 Senior Project Manager I Senior Technical Manager $273.00 Project Manager I Technical Manager $268.00 Engineering Manager I Surveying Manager I Planning Manager $246.00 TECHNICAL STAFF Senior Project Engineer I Senior Project Surveyor I Senior Project Planner $229.00 Project Engineer I Project Surveyor I Project Planner $201.00 Design Engineer I Staff Surveyor I Staff Planner $175.00 BIM Specialist I, II, III $175.00 - $201.00 - $229.00 Technician I, II, III, IV $167.00 - $177.00 - $195.00 - $209.00 Drafter I, II, III, IV $131.00 - $143.00 - $155.00 - $172.00 Engineering Assistant I Surveying Assistant Planning Assistant $109.00 FIELD SURVEYING Survey Party Chief $229.00 Instrument Person $196.00 Survey Chainperson $147.00 Utility Locator I, II, III, IV $119.00 - $169.00 - $203.00 - $231.00 Apprentice I, II, III, IV $91.00 - $122.00 - $134.00 - $142.00 CONSTRUCTION ADMINISTRATION Senior Consultant $298.00 Senior Construction Administrator $261.00 Resident Engineer $194.00 Field Engineer I, II, III $175.00 - $201.00 - $229.00 FUNDING & GRANT MANAGEMENT Director of Funding Strategies $214.00 Funding Strategies Manager $196.00 Funding/Research Analyst I, II, III, IV $134.00 - $155.00 - $166.00 - $181.00 PROJECT ADMINISTRATION Project Coordinator $146.00 Senior Project Assistant $126.00 Project Assistant $111.00 Clerical I Administrative Assistant $93.00 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 classification rates in this fee proposal will remain in effect as shown for the initial 3-year agreement. If there is an extension granted on this agreement, BKF will submit updated rates for the City to consider for the extension period. RM City of Newport Beach I On -Call Professional Surveying ArA FEE PROPOSAL AEROTECH MAPPING, INC. Cost Proposal Summary DIRECT LABOR Classifications Fully Burdened 2024 Fully Burdened 2025 Fully Burdened 2026 Principal $205.43 $211.59 $217.94 Project Manager $166.61 $171.60 $176.75 Licensed Survey Manager $164.33 $169.26 $174.34 Flight Crew - Manager $173.77 $178.98 $184.35 Flight Crew - Pilot $128.68 $132.54 $136.52 AeroTrian ulation & Calibration $130.22 $134.13 $138.16 Certified Photo rammetrist (Mapper) $178.77 $184.14 $189.66 Stereo totter Operator (Mapper) $157.53 $162.26 $167.13 Ortho hoto Technician $99.70 $102.69 $105.78 LiDAR Technician Classification $151.79 $156.35 $161.04 CAD Manager $126.16 $129.94 $133.84 CAD Technician $101.45 $104.50 $107.63 Field Survey Technician $136.17 $140.25 $144.46 Office Survey Technician $126.16 $129.94 $133.82 Secretary/Clerical $124.12 1 $127.84 $131.68 DIRECT AND OUTSIDE EXPENSES DESCRIPTION Quantity Unit Cost Expense Amount Aerial Image Contact Prints / JPEG Files 0 $ 3.15 $ Paper media - 20"x30" 0 $ 5.00 $ - Plastic media - 30"x42" 0 $ 11.75 $ - Aircraft Mobilization (Flight Time 0 $ 825.00 $ - Aircraft -Camera 0 $ 950.00 $ - Aircraft-LiDAR 0 $ 1,450.00 $ - City of Newport Beach I On -Call Professional Surveying .:: EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California. U.S. Longshoremen's and Harbor Workers' Act (USL&H) shall be required for employees performing services covered by said Act. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary excess/umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant BKF Engineers Page C-1 arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of two million dollars ($2,000,000) per claim and four million dollars ($4,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. E. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this contract, then said policies shall be "following form" of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this contract, including, but not limited to, the additional insured and primary & non-contributory insurance requirements stated herein. No insurance policies maintained by the City, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant's primary and excess/umbrella liability policies are exhausted. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees, or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess/umbrella liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as additional insureds under such policies. C. Primary and Non -Contributory. Consultant's insurance coverage shall be primary insurance and/or the primary source of recovery with respect BKF Engineers Page C-2 to the City, its City Council, boards and commissions, officers, agents, volunteers and employees. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Consultant ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Right to Review Subcontracts. Consultant agrees that upon request, all agreements with subcontractors or others with whom Consultant enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional BKF Engineers Page C-3 insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self - insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these requirements unless approved by City. G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. H. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. BKF Engineers Page C-4 ai d W W Q Lo V } B ate. e U I" a) II I I a I Q� 4 �' it a 63 © cn C a� 9! 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