REPORT TO COUNCIL
SUBJECT
Title
Action on Agreements with Construction Testing Services, Ninyo and Moore Geotechnical and Environmental Sciences Consultants, Quality Assurance Engineering, and Smith-Emery of San Francisco, for Materials Testing and Special Inspection Services for Public Works Projects
Report
COUNCIL PILLAR
Manage Strategically Our Workforce Capacity and Resources
BACKGROUND
The Department of Public Works (DPW) oversees construction management and inspection for various capital projects including pavement rehabilitation; traffic signal and transportation infrastructure; parks; storm drain and sanitary sewer improvements; and building renovations. The inspection also includes the need for quality assurance testing of materials used during construction and special inspections as required by the California Building Code. The City does not have in-house staff or the equipment to perform these tasks and therefore relies on consultants to perform the materials testing and special inspections. The Agreements (Attachments 1, 2, 3, and 4) recommended for approval provide on-call materials testing and special inspection services in support of projects managed by DPW.
DISCUSSION
Pursuant to City Code Section 2.105.330, a formal Request for Qualifications (RFQ) was conducted as the solicitation method for this procurement. The factors considered in the award were the experience of the firm, staff qualification, availability, project approach, customer references, and cost. The RFQ was advertised in November 2021 and seven proposals were received from the following firms on December 15, 2021.
1. Achievement Engineering Corp.
2. Apex Testing Laboratories, Inc.
3. BSK Associates
4. Construction Testing Services, Inc.
5. Ninyo & Moore Geotechnical & Environmental Sciences Consultants
6. Quality Assurance Engineering, Inc.
7. Smith-Emery of San Francisco
The proposals were independently evaluated by a two-member evaluation team with representation from the Department of Public Works. The proposals were evaluated against the above criteria published in the RFQ. Public Works staff recommended the award of on-call agreements to the following proposer as the top four ranked firms due to their respective performance track record, qualified staffing, and experience:
1. Construction Testing Services, Inc.
2. Ninyo and Moore Geotechnical and Environmental Sciences Consultants
3. Quality Assurance Engineering, Inc.
4. Smith-Emery of San Francisco, Inc.
Based on the Capital Improvement Plan projections and the volume of projects that will be in the construction phase, the estimated need for on-call consultant services for the next two fiscal years is approximately $376,000. Additionally, Staff requests further agreement capacity of $44,000 to account for unforeseen needs that may arise as additional projects may be identified, current projects will be further defined, and construction timeframes will be more accurately predicted. Staff requests the approval of agreements with four different consultants so there is flexibility in case one or more of them cannot provide timely services to the City based on workload. Because of this, Staff also requests approval for City Manager authority to shift funding between the agreements as long as the total aggregate of $420,000 for all agreements is not exceeded. Staff recommends approval of four, three-year agreements, each with a not-to-exceed amount of $105,000, for a total aggregate not-to-exceed amount of $420,000.
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(a) 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.
FISCAL IMPACT
The combined amount to be paid to all four consultants for materials testing and special inspection services over the three-year term of the agreements is estimated to be $420,000, subject to future budget appropriations. Funding in the amount of $189,600 for FY 2021/22 and $186,000 for FY 2022/23 has been included in the Adopted FY 2021/22 and FY 2022/23 Biennial Operating Budget. Funding beyond FY 2022/23 will be included as part of future year’s budget development process.
COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov>.
RECOMMENDATION
Recommendation
1. Approve and authorize the City Manager to execute an agreement for the Performance of Services with Construction Testing Services, Inc. ($105,000), Ninyo and Moore Geotechnical and Environmental Sciences Consultants ($105,000), Quality Assurance Engineering, Inc. ($105,000), and Smith-Emery of San Francisco, Inc. ($105,000) to perform on-call materials testing and special inspection services for a combined amount not-to-exceed $420,000 over the three-year terms of the agreements;
2. Authorize the City Manager to amend agreement not-to-exceed amounts as long as the cumulative total does not exceed $420,000 subject to annual appropriations; and
3. Authorize the City Manager to exercise up to two one-year extensions for each agreement with no increase in compensation in the event that the work is not completed by the Agreement end dates and make minor modifications to the agreements, if necessary.
Staff
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: City Manager’s Office
ATTACHMENTS
1. Agreement with Construction Testing Services, Inc.
2. Agreement with Ninyo and Moore Geotechnical and Environmental Sciences Consultants
3. Agreement with Quality Assurance Engineering, Inc.
4. Agreement with Smith-Emery of San Francisco, Inc.