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PW SMART Traffic Impacts to Downtown San Rafael-Phase 1AGREEMENT FOR PROFESSIONAL SERVICES WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR ENGINEERING SERVICES <"l...018 ~~ This Agreement is made and entered into this q fi.I day of 0 a", tlCL "r ,W1"/, by and· between the CITY OF SAN RAFAEL (hereinafter "CITY"), and KIMLEY-HORN AND ASSOCIATES, INC., a California corporation (hereinafter "CONSULTANT"). RECITALS WHEREAS, the CITY has determined that professional engineering design services are required in connection with the study entitled "Sonoma Marin Area Rail Transit (SMART) Traffic Impacts to Downtown San Rafael (Phase 1)," in which traffic volumes and circulation impacts associated with the commuter rail service to the SMART station in downtown San Rafael are assessed and identified; and WHEREAS, the CONSULTANT has agreed to render such services; AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY'S Project Manager. The Director of Public Works is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONSULTANT'S Project Director. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Robert Paderna, PE is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONSULTANT shall notify the CITY within ten (10) business days ofthe substitution. 2. DUTIES OF CONSULTANT. CONSULTANT shall perform the duties and/or provide the services described in CONSULTANT'S Proposal dated November 15, 2017, marked as Exhibit "A," attached hereto, and incorporated herein. 3. DUTIES OF CITY. CITY shall compensate CONSULT ANT as provided in Paragraph 4, and shall perform the duties as described in Exhibit "A" attached hereto and incorporated herein. 4. COMPENSA TION. For the full perfOlmance of the services described herein by CONSULTANT, CITY shall pay CONSULT ANT on a time and materials basis for services rendered at the hourly rates shown in the "Hourly Rate Schedule" attached hereto as Exhibit "8" and incorporated herein, with a total not-to- exceed amount of$19,960 for services provided under this Agreement. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONSULTANT. 5. TERM OF AGREEMENT. The tenn of this Agreement shall commence upon the date of execution of this Agreement and end on February 28, 2018, unless the parties agree to extend this Agreement for another 90 days, as approved in writing by City Manager. 6. TERMINA TION. A. Discretionary. Either party may tenninate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may tenninate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause ofthe termination, to the reasonable satisfaction ofthe party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of tennination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon tennination, any and all CITY documents or materials provided to CONSULTANT and any and all of CONSULTANT's documents and materials prepared for or relating to the pelfonnance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after tennination. 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONSULT ANT in cOimection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 8. INSPECTION AND AUDIT. Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONSULTANT in connection with its perfonnance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the perfonnance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE. A. Scope of Coverage. During the tenn of this Agreement, CONSULTANT shall maintain, at no expense to CITY, the following insurance policies: 2 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non-owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. If any licensed professional perfonns any of the services required to be perfonned under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONSULTANT's perfonnance of services under this Agreement. Where CONSULTANT is a professional not required to have a professional license, CITY reserves the right to require CONSULTANT to provide professional liability insurance pursuant to this section. 4. If it employs any person, CONSULTANTshall maintain worker's compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. CONSULTANT's worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONSULTANT in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 2. The additional insured coverage under CONSULTANT'S insurance policies shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CONSULTANT'S policies shall be at least as broad as ISO form CG20 010413. 3. Except for professional liability insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal irUury. 4. By execution of this Agreement, CONTRACTOR hereby grants to CITY a waiver of any right to subrogation which any insurer of CONTRACTOR may acquire against CITY by viI1ue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. 5. If the insurance is written on a Claims Made Form, then, following tennination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date ofthis Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primaIY and noncontributOlY basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage 3 and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. C. Deductibles and SIR's. Any deductibles or self-insured retentions in CONSULTANT's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party . At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONSULTANT shall provide to the PROJECT MANAGER or CITY'S City Attorney all of the following: (I) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONSULTANT. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to fonn and sufficiency by PROJECT MANAGER and the City Attorney. 11. INDEMNIFICATION. A. Except as otherwise provided in Paragraph B., CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONSULTANT'S performance of its obligations or conduct of its operations under this Agreement. The CONSULTANT's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONSULTANT's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONSULTANT's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONSULTANT's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT'S perfonnance of or operations under this Agreement, CONSULT ANT shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. B. Where the services to be provided by CONSULTANT under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend and hold harmless the City Indemnitees from and against any CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT in the performance of its duties and obligations under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such CLAIM which is caused by the sole negligence or willful misconduct of CITY. C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, 4 and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 12. NONDISCRIMINATION. CONSULTANT shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestIy, national origin or disability in connection with or related to the perfonnance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS. CONSULTANT shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the perfonnance of its duties and obligations under this Agreement. CONSULTANT shall perfonn all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONSULTANT shall release, defend, indemnify and hold hannless CITY, its officers, agents and employees trom any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES. CITY and CONSULTANT do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. NOTICES. All notices and other communications required or pennitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY's Project Manager: TO CONSULTANT's Project Director: Bill Guerin Director of Public Works City of San Rafael 11 I Morphew Street San Rafael, CA 94901 Robert Padema, PE Kimley-Hom and Associates, Inc. 1300 Clay Street Suite 325 Oakland, CA 94612 5 16. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONSULT ANT, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONSULTANT and CITY expressly intend and agree that the status of CONSULTANT, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17 . ENTIRE AGREEMENT -AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONSULTANT and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONSULTANT and the CITY. E. If any conflicts arise between the tenns and conditions of this Agreement, and the tenns and conditions of the attached exhibits or the documents expressly incorporated by reference, the tenns and conditions ofthis Agreement shall control. 18. SET-OFF AGAINST DEBTS. CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT under this Agreement, any monies which CONSULTANT owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts . 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other tenn, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, perfonnance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any tenn, condition, covenant of this Agreement or any applicable law, ordinance or regulation . 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the tenns and conditions of this Agreement, or arising out of the perfonnance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE / OTHER TAXES . CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code CONSULTANT shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work perfonned 6 under this Agreement, until CONSULTANT has provided CITY with a completed Intemal Revenue Service Fonn W-9 (Request for Taxpayer Identification Number and Certification). 22. APPLICABLE LAW. The laws of the State of Cali fomi a shall govem this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as ofthe day, month and year first above written. CITY OF SAN RAFAEL J ATTEST: ~3'~ e_~~~ ESTHE R C. BEIRNE, City Clerk APPROVED AS TO FORM : 7 CONSULTANT By ad.. c:tO 4-f',!. 11/ ,,,. Name: AkY"" D~",,~~ Title: /-\r~ I~ S. and By ((;~=>PrA7~~~3 Name: I?VI'IfS( Ilt4IftBlllmu¥lfrI Title: /htttrM ~ Kimley») Horn November 15, 2017 Ms. Charmine Solla, PE, TE Deputy Director City of San Rafael Public Works Department 111 Morphew Street San Rafael, CA 94901 Exhibit A Re: Proposal for SMART Traffic Impacts to Downtown San Rafael Assessment (Phase 1) Dear Ms. Solla: Kimley-Horn and Associates, Inc. is pleased to submit this letter proposal to the City of San Rafael for the assessment oftraffic volumes and circulation within downtown San Rafael upon commencement of revenue operations of the Sonoma-Marin Area Rail Transit (SMART) system. This letter proposal was prepared in accordance with our recent phone conversation and subsequent email correspondence. This letter proposal includes our Project Understanding, Scope of Services, Schedule, and Fee. We appreciate the opportunity to provide these services to you. Please contact Robert Paderna at (510) 250-2111 if you have any questions. Very best regards, KIMLEY-HORN AND ASSOCIATES, INC. Adam Dankberg, PE PE No. (70598 Associate Robert Paderna, PE PE No. (73262 Project Manager 1300 Clay Street, Suite 325, Oakland, CA 94612 5106250712 Exhibit A Kimley ») Horn SM ART Traffic Impacts to Downtown San Rafael Assessment (Phase 1) November 15, 2017 Page 2 PROJECT UNDERSTANDING The Phase 1 segment of Sonoma-Marin Area Rail Transit (SMART) will provide rail service between Sonoma County Airport and Downtown San Rafael. Phase 1, which is the Initial Operating Segment (lOS), terminates at the Downtown San Rafael station, located north of the existing transit center between 3rd and 4th Streets. SMART's Larkspur Extension (Phase 2) will extend rail service from San Rafael to Larkspur. It is our understanding that the City is seeking an assessment of traffic conditions within Downtown San Rafael (the "study area") under the following time periods: e Analysis Scenario No.1: Before Commencement of SMART Phase 1 Revenue Operations e . Analysis Scenario No.2: During SMART Phase 1 Revenue Operations (Before Phase 2) The Downtown San Rafael study area is bound by Mission Avenue to the north, A Street to the west, 2 nd Street to the south, and Grand Avenue to the east. It is our understanding that the City will provide the following traffic counts already collected (between 2015 to present) for use in the study: Average Daily Traffic (ADT) Counts 1. Mission Avenue, between Lincoln Avenue and Tamalpais Avenue 2. Mission Avenue, between Tamalpais Avenue and Hetherton Street 3. Mission Avenue, between Hetherton Street and Irwin Street 4. Mission Avenue, between Irwin Street and Grand Avenue 5. 5th Avenue, between Lincoln Avenue and Tamalpais Avenue 6. 5th Avenue, between Tamalpais Avenue and Hetherton Street 7. 5th Avenue, between Irwin Street and Grand Avenue 8. 4th Street, between Lincoln Avenue and Tamalpais Avenue 9. 4th Street, between Tamalpais Avenue and Hetherton Street 10. 4th Street, between Irwin Street and Grand Avenue 11. 3rd Street, between A Street and Lindaro Street 12. 3rd Street, between Lincoln Avenue and Tamalpais Avenue 13. 3rd Street, between Tamalpais Avenue and Hetherton Street 14. 3rd Street, between Hetherton Street and Irwin Street 15. 3rd Street, between Irwin Street and Grand Avenue 16. 2nd Street, between Lindaro Street and Lincoln Avenue 17. 2nd Street, between Lincoln Avenue and Tamalpais Avenue 18. 2nd Street, between Tamalpais Avenue and Hetherton Street 19. 2nd Street, between Hetherton Street and Irwin Street 20. 2nd Street, between Irwin Street and Grand Avenue 21. Lincoln Avenue, between 2nd Street and Irwin Street 22. Lincoln Avenue, between Laurel Place and Pacheco Street 23. Francisco Boulevard West, between 2 nd Street and Irwin Street 24. Hetherton Street, between Mission Avenue 5 th Avenue 25. Hetherton Street, between 5th Avenue and 4th Street Exhibit A Kimley») Horn SMART Traffic Impacts to Downtown San Rafael Assessment (Phase 1) November 15,2017 Page 3 26. Hetherton Street, between 4th Street and 3rd Street 27. Hetherton Street, between 3rd Street and 2nd Street 28. Irwin Street, between Mission Avenue 5th Avenue 29. Irwin Street, between 5th Avenue and 4th Street 30. Irwin Street, between 4th Street and 3 rd Street 31. Irwin Street, between 3rd Street and 2nd Street 32. Lindaro Street, between 2nd Street and Anderson Drive The following scope of services has been prepared for the project. SCOPE OF SERVICES Task 1: Project Management and Kick-off Meeting This task includes project management related tasks and meetings to include, but not be limited to, preparation of invoices, budget oversight, adherence to project scheduling, and general project coordination. KHA will attend a project kick-off meeting with the City of San Rafael to review the project scope, discuss the project schedule and available traffic data to be provided by the City. Task 2: Data Collection This task includes review ofthe traffic data to be provided by the City as presented in the Project Understanding section, as well as the collection of new ADT counts at up to fifteen (15) segments during SMART Phase 1 revenue operations (Analysis Scenario No.2). We will work with the City to determine when to conduct the counts based on the SMART construction schedule. The bi-directional ADT counts will be collected along up to fifteen (15) segments for seven (7) consecutive days. Vehicle travel times will be collected along the eight (8) corridors within the Downtown study area listed below. Travel time runs will be performed during the weekday AM and PM commute peaks. Travel time runs will be performed by KHA using the floating car method. Up to seven (7) runs will be performed during each peak period for each corridor. 1. Mission Avenue, between A Street and Grand Avenue 2. 5th Avenue, between A Street and Grand Avenue 3. 4th Street, between A Street and Grand Avenue 4. 3rd Street, between A Street and Grand Avenue 5. 2nd Street, between A Street and Grand Avenue 6. Lincoln Avenue, between Mission Avenue and 2 nd Street 7. Hetherton Street, between Mission Avenue and 2 nd Street 8. Irwin Street, between 2nd Street and Mission Avenue Exhibit A Kim ley») Horn SMART Traffic Impacts to Downtown San Rafael Assessment (Phase 1) November 15, 2017 Page 4 Task 3: Traffic Assessment Using the information collected in Task 2, Kimley-Horn will prepare an assessment of traffic volumes and corridor travel times within the Downtown study area during SMART Phase 1 revenue operations. This initial assessment will compare traffic volumes and travel times during Phase 1 operations (Analysis Scenario No.2) with the baseline conditions (Analysis Scenario No.1). A screenline analysis of traffic volumes under each analysis scenario will be performed to determine the impacts of SMART Phase 1 service to the Downtown study area roadways. Three (3) screenlines will be studied, including along the railroad tracks (between Tamalpais Avenue and Hetherton Street), east of US-lOl (between Irwin Street and Grand Avenue), and an east-west screenline along the southern end of the Downtown study area (south of 2 nd Street). Changes in traffic volumes along the corridors crossing each screenline will be reviewed separately to identify the effects of SMART on travel patterns of drivers traversing the Downtown study area. Decreases in corridor volumes would likely suggest that drivers are taking alternative routes to bypass traffic to/from Downtown and surrounding areas . Increases in corridor traffic volumes during Analysis Scenario 2 would likely pinpoint locations where traffic is being diverted to as a result of SMART. Additionally, corridor travel times collected along the eight (8) corridors listed under Task 2 will be reviewed for each analysis scenario. Corridor travel times collected will be compared with the baseline conditions (Analysis Scenario No.1) to determine the level of impacts of SMART Phase 1 service. Increases in travel times along the corridors under Analysis Scenario 2 would quantify the impacts of SMART trains traversing the Downtown study area (between Tamalpais Avenue and Hetherton Street), resulting in delays at the intersections adjacent to at-grade rail crossings. Results of the traffic assessment performed under this task will be presented in a technical memorandum as part of a subsequent contract and is not included in this scope of work. Additional Services -Not Included in Scope of Work Services other than those set forth in the Scope of Services shall constitute additional services. Kimley- Horn, if authorized by the City of San Rafael, can perform additional services that may be required. Additional services may include, but will not be limited to, the following: • Attendance of additional in-person meetings or conference calls • Additional study locations and/or data collection not included in Task 2 • Collection of Bluetooth or cell phone data for Origin-Destination (0-0) studies Additional services shall be performed only with your authorization, and be billed on a time and materials basis as per the current Kimley-Horn rate schedule. SCHEDULE Kimley-Horn is prepared to begin work immediately upon receipt of a signed Agreement and notice to proceed (NTP). Completion of the traffic assessment (Task 3) is anticipated to take two (2) weeks from receipt of all traffic data identified in Task 2. Kimley») Horn FEE AND BILLING Exhibit A SMART Traffic Impacts to Downtown San Rafael Assessment (Phase 1) November lS, 2017 PageS Kimley-Horn will perform the Scope of Services on a time and materials basis with a contract ceiling of $19,960 (including $5,889 in direct expenses including data collection). The information is provided as an estimate only, and Kimley-Horn reserves the right to adjust budgets between tasks while maintaining the total fee. The fee includes labor cost and expenses (indirect and direct) incurred in performing these services. All labor fee will be billed according to our then current rates. Kimley») Horn November 15, 2017 Ms. Charmine Solla, PE, TE Deputy Director City of San Rafael Public Works Department 111 Morphew Street San Rafael, CA 94901 Exhibit A Re: Proposal for SMART Traffic Impacts to Downtown San Rafael Assessment (Phase 1) Dear Ms. Solla: Kimley-Horn and Associates, Inc. is pleased to submit this letter proposal to the City of San Rafael for the assessment of traffic volumes and circulation within downtown San Rafael upon commencement of revenue operations ofthe Sonoma-Marin Area Rail Transit (SMART) system. This letter proposal was prepared in accordance with our recent phone conversation and subsequent email correspondence. This letter proposal includes our Project Understanding, Scope of Services, Schedule, and Fee. We appreciate the opportunity to provide these services to you. Please contact Robert Paderna at (510) 250-2111 if you have any questions. Very best regards, KIMLEY-HORN AND ASSOCIATES, INC. Adam Dankberg, PE PE No. C70598 Associate Robert Paderna, PE PE No. C73262 Project Manager 1300 Clay Street, Suite 325, Oakland, CA 94612 , 5106250712 I Exhibit A Kimley») Horn SMART Traffic Impacts to Downtown San Rafael Assessment (Phase 1) November 15, 2017 Page 2 PROJECT UNDERSTANDING The Phase 1 segment of Sonoma-Marin Area Rail Transit (SMART) will provide rail service between Sonoma County Airport and Downtown San Rafael. Phase 1, which is the Initial Operating Segment (lOS), terminates at the Downtown San Rafael station, located north of the existing transit center between 3rd and 4th Streets. SMART's Larkspur Extension (Phase 2) will extend rail service from San Rafael to Larkspur. It is our understanding that the City is seeking an assessment of traffic conditions within Downtown San Rafael (the "study area") under the following time periods: • Analysis Scenario No.1: Before Commencement of SMART Phase 1 Revenue Operations • Analysis Scenario No.2: During SMART Phase 1 Revenue Operations (Before Phase 2) The Downtown San Rafael study area is bound by Mission Avenue to the north, A Street to the west, 2 nd Street to the south, and Grand Avenue to the east. It is our understanding that the City will provide the following traffic counts already collected (between 2015 to present) for use in the study: Average Daily Traffic (ADT) Counts 1. Mission Avenue, between Lincoln Avenue and Tamalpais Avenue 2. Mission Avenue, between Tamalpais Avenue and Hetherton Street 3. Mission Avenue, between Hetherton Street and Irwin Street 4. Mission Avenue, between Irwin Street and Grand Avenue s. 5th Avenue, between Lincoln Avenue and Tamalpais Avenue 6. 5th Avenue, between Tamalpais Avenue and Hetherton Street 7. 5th Avenue, between Irwin Street and Grand Avenue 8. 4th Street, between Lincoln Avenue and Tamalpais Avenue 9. 4th Street, between Tamalpais Avenue and Hetherton Street 10. 4th Street, between Irwin Street and Grand Avenue 11. 3rd Street, between A Street and Lindaro Street 12. 3rd Street, between Lincoln Avenue and Tamalpais Avenue 13 . 3rd Street, between Tamalpais Avenue and Hetherton Street 14. 3rd Street, between Hetherton Street and Irwin Street 15. 3rd Street, between Irwin Street and Grand Avenue 16. 2nd Street, between Lindaro Street and Lincoln Avenue 17. 2nd Street, between Lincoln Avenue and Tamalpais Avenue 18. 2nd Street, between Tamalpais Avenue and Hetherton Street 19. 2nd Street, between Hetherton Street and Irwin Street 20. 2nd Street, between Irwin Street and Grand Avenue 21. Lincoln Avenue, between 2nd Street and Irwin Street 22. Lincoln Avenue, between Laurel Place and Pacheco Street 23. Francisco Boulevard West, between 2 nd Street and Irwin Street 24. Hetherton Street, between Mission Avenue 5th Avenue 25. Hetherton Street, between 5 th Avenue and 4th Street Exhibit A Kimley») Horn SMART Traffic Impacts to Downtown San Rafael Assessment (Phase 1) November 15, 2017 Page 3 26. Hetherton Street, between 4th Street and 3rd Street 27. Hetherton Street, between 3rd Street and 2nd Street 28. Irwin Street, between Mission Avenue 5th Avenue 29. Irwin Street, between 5th Avenue and 4th Street 30. Irwin Street, between 4th Street and 3 rd Street 31. Irwin Street, between 3rd Street and 2nd Street 32. Lindaro Street, between 2nd Street and Anderson Drive The following scope of services has been prepared for the project. SCOPE OF SERVICES Task 1: Project Management and Kick-off Meeting This task includes project management related tasks and meetings to include, but not be limited to, preparation of invoices, budget oversight, adherence to project scheduling, and general project coordination. KHA will attend a project kick-off meeting with the City of San Rafael to review the project scope, discuss the project schedule and available traffic data to be provided by the City. Task 2: Data Collection This task includes review ofthe traffic data to be provided by the City as presented in the Project Understanding section, as well as the collection of new ADT counts at up to fifteen (15) segments during SMART Phase 1 revenue operations (Analysis Scenario No.2). We will work with the City to determine when to conduct the counts based on the SMART construction schedule. The bi-directional ADT counts will be collected along up to fifteen (15) segments for seven (7) consecutive days. Vehicle travel times will be collected along the eight (8) corridors within the Downtown study area listed below. Travel time runs will be performed during the weekday AM and PM commute peaks. Travel time runs will be performed by KHA using the floating car method. Up to seven (7) runs will be performed during each peak period for each corridor. 1. Mission Avenue, between A Street and Grand Avenue 2. 5th Avenue, between A Street and Grand Avenue 3. 4th Street, between A Street and Grand Avenue 4. 3rd Street, between A Street and Grand Avenue 5. 2nd Street, between A Street and Grand Avenue 6. Lincoln Avenue, between Mission Avenue and 2 nd Street 7. Hetherton Street, between Mission Avenue and 2 nd Street 8. Irwin Street, between 2nd Street and Mission Avenue Exhibit A Kimley») Horn SMART Traffic Impacts to Downtown San Rafael Assessment (Phase 1) November 15, 2017 Page 4 Task 3: Traffic Assessment Using the information collected in Task 2, Kimley-Horn will prepare an assessment of traffic volumes and corridor travel times within the Downtown study area during SMART Phase 1 revenue operations. This initial assessment will compare traffic volumes and travel times during Phase 1 operations (Analysis Scenario No.2) with the baseline conditions (Analysis Scenario No.1). A screenline analysis of traffic volumes under each analysis scenario will be performed to determine the impacts of SMART Phase 1 service to the Downtown study area roadways. Three (3) screenlines will be studied, including along the railroad tracks (between Tamalpais Avenue and Hetherton Street), east of US-1D1 (between Irwin Street and Grand Avenue), and an east-west screenline along the southern end of the Downtown study area (south of 2nd Street). Changes in traffic volumes along the corridors crossing each screenline will be reviewed separately to identify the effects of SMART on travel patterns of drivers traversing the Downtown study area. Decreases in corridor volumes would likely suggest that drivers are taking alternative routes to bypass traffic to/from Downtown and surrounding areas. Increases in corridor traffic volumes during Analysis Scenario 2 would likely pinpoint locations where traffic is being diverted to as a result of SMART. Additionally, corridor travel times collected along the eight (8) corridors listed under Task 2 will be reviewed for each analysis scenario. Corridor travel times collected will be compared with the baseline conditions (Analysis Scenario No.1) to determine the level of impacts of SMART Phase 1 service. Increases in travel times along the corridors under Analysis Scenario 2 would quantify the impacts of SMART trains traversing the Downtown study area (between Tamalpais Avenue and Hetherton Street), resulting in delays at the intersections adjacent to at-grade rail crossings . Results of the traffic assessment performed under this task will be presented in a technical memorandum as part of a subsequent contract and is not included in this scope of work. Additional Services -Not Included in Scope of Work Services other than those set forth in the Scope of Services shall constitute additional services. Kimley- Horn, if authorized by the City of San Rafael, can perform additional services that may be required. Additional services may include, but will not be limited to, the following: • Attendance of additional in-person meetings or conference calls • Additional study locations and/or data collection not included in Task 2 • Collection of Bluetooth or cell phone data for Origin-Destination (O-D) studies Additional services shall be performed only with your authorization, and be billed on a time and materials basis as per the current Kimley-Horn rate schedule. SCHEDULE Kimley-Horn is prepared to begin work immediately upon receipt of a signed Agreement and notice to proceed (NTP). Completion of the traffic assessment (Task 3) is anticipated to take two (2) weeks from receipt of all traffic data identified in Task 2. Kimley») Horn FEE AND BILLING Ex hib it A SMART Traffic Impacts to Downtown San Rafael Assessment (Phase 1) November lS, 2017 PageS Kimley-Horn will perform the Scope of Services on a time and materials basis with a contract ceiling of $19,960 (including $5,889 in direct expenses including data collection). The information is provided as an estimate only, and Kimley-Horn reserves the right to adjust budgets between tasks while maintaining the total fee. The fee includes labor cost and expenses (indirect and direct) incurred in performing these services. All labor fee will be billed according to our then current rates. IExhibit "8" I Kimley») Horn Kimley-Horn and Associates, Inc. Hourly Rate Schedule Classification Rate Analyst $110 -$150 Professional $150 -$190 Senior Professional I $250 -$325 Senior Professional II $190 -$265 Senior Technical Support $115 -$185 Support Staff $80 -$100 Technical Support $85 -$120 Effective through June 30, 2018 Subject to annual adjustment thereafter 1300 Clay Street. Suite 325 Oakland. Ci\ 94612 (510) 625-0712 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Department of Public Works Project Manager: Charmine Solla Extension: x3473 Project Name: Proposal for SMART Traffic Impacts to Downtown San Rafael Assessment (Phase 1) Contractor Name: Kimley-Horn and Associates, Inc. Contractors Contact: Robert Paderna Contact's Email: Robert.paderna@kimley-horn.com Step RESPONSIBLE DESCRIPTION DEPARTMENT 1 Project Manager a. Email PINS Introductory Notice to Contractor b. Email contract (in Word) & attachments to City Atty c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement and return to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Project Manager Forward three (3) originals offinal agreement to contractor for their signature 4 Project Manager When necessary, * contractor-signed agreement agendized for Council approval *P5A > $20,000; or Purchase> $35,000; or Publ ic Works Contract> $125,000 Date of Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed agreement 7 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) 8 City Manager / Mayor Agreement executed by Council authorized official 9 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager COMPLETED DATE 5/12/2017 11/29/2017 12/8/2017 12/8/2017 [g) N/A Or Click here to enter a date . I 1/6 /J1J l/rrrJI'Y / -1-f ~ ( ....... , I -ltK REVIEWER Check/Initial [g) CS [g) LAG [g) LAG D CS [g) CS [g) CS .. m-- ,W- ~ f' t:> '-.. ~g.