REPORT TO COUNCIL
SUBJECT
Title
Award of Five (5) On-Call Contracts in the Amount of $300,000 each for Surveying Support Services (F24-119)
Report
REPORT IN BRIEF
Approval is requested to award five (5) on-call contracts to provide on-call surveying support services for the Department of Public Works (DPW) for an initial four-year period in a not to exceed amount of $300,000 each to the following firms: Giuliani & Kull - San Jose, Inc., MNS Engineers, Inc. of San Jose, Kier & Wright Civil Engineers and Surveyors, Inc. of Santa Clara, R.E.Y. Engineers, Inc. of Folsom, and Wilsey Ham of San Mateo. Approval is also requested to authorize the City Manager to increase the not-to-exceed amounts and to renew the contracts, for up to two additional one-year periods, with both actions subject to available budgeted funding.
EXISTING POLICY
Pursuant to Chapter 2.08 of the Sunnyvale Municipal Code, contracts for this type of service are awarded pursuant to a Request for Qualifications (RFQL) best value process, unless otherwise exempt from the competitive bidding process. Additionally, City Council approval is required for the procurement of goods and/or services exceeding $250,000 in any one transaction.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
BACKGROUND AND DISCUSSION
Development activity in Sunnyvale is expected to continue at a high level for the next several years. During this period, the City contracted with various engineering firms in a number of disciplines such as design coordination, construction management and land development improvement plan map review to meet that expected need. It is anticipated that these additional resources will continue to be necessary to keep pace with the increased number, scope, and complexity of subdivision map reviews.
Within the Department of Public Works, the Land Development group does not currently have a dedicated staff member who holds the necessary surveyor or engineering license to certify subdivision maps, as required by the Subdivision Map Act (Government Code section 66416.5). Therefore, it is critical that the City contract with firms that are California licensed surveyors which can provide land map technical review services & provide stamp and signature on maps and other documents, as necessary, as the City Surveyor. Additionally, these support services offer review of the land surveying aspects of tentative maps for conformance with City standards as part of the City’s entitlement process, traditional topographic surveys, and develop legal descriptions and plat maps on the City’s behalf.
A request for qualifications (RFQL) process was utilized to solicit statement of qualifications (SOQ) submittals from qualified consultants for on-call surveying support services. The RFQL was advertised on the City’s DemandStar public procurement network on February 5, 2024, with 15 consultants requesting bid documents. Eight responsive SOQs were received on February 29, 2024, from NV5; Kier & Wright Civil Engineers and Surveyors, Inc.; R.E.Y. Engineers, Inc; Wilsey Ham; GIS Surveyors, Inc.; Sandis; Giuliani & Kull - San Jose, Inc.; and MNS Engineers, Inc.
SOQs were reviewed and ranked by an evaluation team consisting of engineering staff from DPW. The SOQs were evaluated on their qualifications, experience and the potential staff that may assist with future projects. The six (6) firms which received the highest written evaluations were interviewed.
Following the interview process, the top five firms were selected for award. Hourly rates were obtained and negotiated. The consulting firms recommended for contract award are Giuliani & Kull - San Jose, Inc.; R.E.Y. Engineers, Inc.; Kier & Wright Civil Engineers and Surveyors, Inc.; Wilsey Ham; and MNS Engineers, Inc.
Staff is recommending an initial four-year term for each contract, with of the option to renew up to two additional one-year periods depending on need, pricing, service and available funding. Contract values were determined based on historic numbers and cost of survey related tasks (e.g., subdivision maps, lot line adjustments, lot mergers, public easement reviews) as well as anticipated increase to these and other survey-related tasks as needed during the contract term.
FISCAL IMPACT
Costs related to land development services are funded by development related fees and accounted for in the Development Enterprise Fund.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the NOVA Workforce Services reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
RECOMMENDATION
Recommendation
Take the following actions:
- Award five (5) four-year on-call surveying support services contracts in substantially the same form as Attachments 1, 2, 3, 4, and 5 to the report, respectively, to Giuliani & Kull - San Jose, Inc.; Kier & Wright Civil Engineers and Surveyors, Inc.; MNS Engineers, Inc.; R.E.Y. Engineers, Inc.; and Wilsey Ham in a not-to-exceed amount of $300,000 each;
- Authorize the City Manager to execute the contracts when all necessary conditions have been met;
- Authorize the City Manager to increase each contract keeping the total of all contracts to the available budget;
- Authorize the City Manager to renew each contract for up to two additional one-year periods based upon available funding, need, pricing, and service; and
- Authorize the City Manager to modify each contract’s compensation schedule subject to negotiated pricing.
Levine
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $250 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
A check or “Y” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
_x_ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract
___ Labor or personal employment contract
___ General policy and legislative actions
Staff
Prepared by: David Battaglia, Purchasing Officer
Reviewed by: Tim Kirby, Director of Finance
Reviewed by: Chip Taylor, Director of Public Works
Reviewed by: Jaqui Guzmán, Deputy City Manager
Approved by: Kent Steffens, City Manager
ATTACHMENTS
1. Draft Consultant Services Agreement - Giuliani and Kull - San Jose, Inc.
2. Draft Consultant Services Agreement - Kier & Wright Civil Engineers and Surveyors, Inc.
3. Draft Consultant Services Agreement - MNS Engineers, Inc.
4. Draft Consultant Services Agreement - R.E.Y. Engineers, Inc.
5. Draft Consultant Services Agreement - Wilsey Ham