Loading...
PW 2nd & 3rd Street SMART-Related Signal ImprAGREEMENT FOR PROFESSIONAL SERVICES WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE SECOND AND THIRD STREET SMART-RELATED SIGNAL IMPROVEMENTS PROJECT, CITY PROJECT NO. 11335, IN AN AMOUNT NOT TO EXCEED $148,315 This Agreement is made and entered into this 2\ q day of Ai>Y i \ ,2018, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and KIMLEY-HORN AND ASSOCIATES, INC., a corporation authorized to do business in California (hereinafter "CONSULTANT"). RECITALS WHEREAS, the CITY has determined that professional services are required for design of the Second and Third Street SMART-Related Signal Improvements Project, City Project No. 11335; 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 oftins Agreement. B. CONSULTANT'S Project Director. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of tllls Agreement for CONSULTANT. Kevin Aguigui is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of tllls 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 March 22, 2018, marked as Exhibit "A," attached hereto, and incorporated herein. 3. DUTIES OF CITY. CITY shall compensate CONSULTANT as provided in Paragraph 4, and shall provide assistance and site access to CONSULTANT as described in Exhibit "A" attached hereto and incorporated herein. 4. COMPENSATION. For the full perfonnance of the services described herein by CONSULTANT, CITY shall pay CONSULTANT on a time and materials basis for services rendered in accordance with the rates shown in the "Kimley-Hom Rate Schedule" included in Exhibit "A" attached and incorporated herein, in an amount not to exceed $148,315. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONSULTANT. 5. TERM OF AGREErvtENT. The term of this Agreement shall commence upon the date of execution of this Agreement and end on December 31,2020 when the work shall have been completed, unless the parties agree to extend this Agreement for another 90 days, as approved in writing by City Manager. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate 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 of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision ofthis Agreement without the prior written consent ofthe other. D. Return of Documents. Upon termination, 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 performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS. Upon completion of all work under this Agreement, ownership and title to all reports, documents, plans, specifications, and estimates produced as part of this Agreement will automatically be vested in the CITY; and no further agreement will be necessary to transfer ownership to the CITY. CONSULTANT shall furnish to CITY all necessary copies of data needed to complete the review and approval process. 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 2 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 performance of any oftheir respective obligations hereunder, without the prior written consent ofthe other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and ofno effect. 10. INSURANCE. A. Scope of Coverage. During the term of this Agreement, CONSULTANT shall maintain, at no expense to CITY, the following insurance policies: 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 performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars 1,000,000) per claim/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONSULTANT's performance 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 ofthis section above shall also meet the following requirements: 1. Except for professional liability and Worker's Compensation 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 3 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 fonn CG20 01 04 13. 3. Except for professional liability insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Agreement, CONSULTANT hereby grants to CITY a waiver of any right to subrogation which any insurer of CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but tlus 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 ofnot 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 primary and noncontributory 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 minllnum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthennore, the requirements for coverage and limits shall be: (l) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage 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 oflosses 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: (1) 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 4 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 ofthe right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. 11. INDEMNlFICATION. 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 reasonable 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 ofliability 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 performance of or operations under this Agreement, CONSULTANT 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 defmed 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. In no event shall the cost to defend charged to the design professional exceed the design professional's proportionate percentage of fault. 5 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, 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, ancestry, national origin or disability in connection with or related to the performance 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 performance of its duties and obligations under this Agreement. CONSULTANT shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONSULTANT shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fmes and all other consequences from any noncompliance or violation of any applicable 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 permitted 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 ofPublic Works City of San Rafael 111 Morphew Street San Rafael, CA 94901 Kevin Aguigui Kimley-Hom and Associates, Inc. 1300 Clay Street, Suite 325 Oakland, CA 94612 6 16. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONSULTANT, 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 terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this 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 term, 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, performance, 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 term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 7 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 pelfonned under this Agreement, until CONSULTANT has provided CITY with a completed Internal Revenue Service Fonn W-9 Request for Taxpayer Identification Number and Certification). 22. APPLICABLE LAW. The laws ofthe State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL CONSULTANT BC?~ Printed Name: ~J ~(,(,.Q..~ Title of Corporate Officer: $c, \;{ ~ If-( s.:. ~ ATTEST: and, By: ____ ~~--------_r----- LINDSAY LARA, City Clerk 6i t( X61i.:L Title of Corporate Officer: VI c6 r (ZE $IOeN T APPROVED AS TO FORM: 8 Project Approach 2nd and 3rd Stre~l~ll'l-tirade Crossings Scope of Services 3/22/2018 Kimley-Horn prepared a technical assessment of the project locations to determine the appropriate level of improvements for the future at-grade crossings on Second and Third Streets . Based on that assessment, recommendations for improvements were identified. This next step is to provide the professional engineering design services to develop final design plans and environmentally clear the proposed improvements based on the recommendations from that assessment . P Our team will coordinate closely with the CPUC once we have determined viable solutions to accommodate the SMART extension working with the City. This coordination will include the preparation of the railroad preemption calculations and working with the CPUC to accept the calculations, preparation of any GO 88 -B appl ications with the supporting documentation and even meeting with CPUC in the field or at their offices in Sacramento -this is something Kimley -Horn has done before to gain thei r acceptance. If needed, we will meet w ith CPUC staff in person in their Sacramento offices. We have done this before in order to expedite the review process of prel iminary layouts and preemption calculations. w r 1 I L Jr We will coordinate closely with SMART to address certain issues related to the at-grade crossings including, but not lim ited to: Track alignment Placement of new railroad poles, mast arms and gates Placement of railroad signal heads Placement of limit lines and pavement legends Placement of other railroad warning devices Railroad preemption operations (i.e., cales, advance, simultaneous, gate down, health circuit) Installation of new infrastructure under the tracks within SMART right-of-way While not an exhaustive list, there are many different design coordination items that will be necessary throughout the design and impleme!ltation phases of the project. Kimley-Horn has been intimately involved in working with SMART's key staff to address the numerous issues that arose during the different stages of projects associated with their initial operating segment. We will have no learning curve on this project. We anticipate that there may be a need to have some coordination with Caltrans given the proximity of the rail tracks to the Caltrans-owned intersections. These include Second/Hetherton and Third/Hetherton. From our work on the RTSE project, we were able to secure Caltrans encroachment permits. Should a Kimley»Horn 11 2nd and 3rd Stre~l~l.a'l-~rade Crossings Scope of Services 3/22/2018 Caltrans permit be needed for this project, we will use this knowledge to work through the Caltrans permit review process to secure the permit. In 2016, the Kimley-Horn team with Archaeological/Historical Consu ltants {A/He} completed Sect ion 106 documentation as part of the City of San Rafael's RTSE project. This included an archaeological survey of the intersections and roadway segments that are part of this project, which also included testing of subsurface archaeological sites in the downtown area. The proposed traffic signal at Third Street is located one block southwest of CA-MRN-744, a highly disturbed prehistoric archaeological depos it along Hetherton Street, and two blocks west of CA-MRN-84, a prehistoric shellmound deposit on Irwin Street. Mechanical auger testing at the potential Queue Cutter location at Second Street in 2013 suggested that this area is large ly fill and bay mud deposits with little archaeological se nsitivity. Using previous survey and testing data, our team will prepare a cultural resources sensitivity analysis for the Queue Cutter project and will coordinate with the Federated Indians of the Graton Rancheria (FIGR) to prepare an archaeological monitoring plan. We have further outlined our detailed approach in the Scope of Work section. Scope of Services Task 1 Project \IIa~age~ent ;)~d Coord natior This task includes project management related tasks and meetings to consist of preparation of invoices, budget oversight, adherence to project scheduling, and general project coordination. We will work with the City at the start of the project to establish and understand the standards and policies which w ill guide the project development. An initial Kick-off meeting will be arranged with City staff to review and discuss some of the elements assoc iated with project and to review project schedule, deliverables, and develop consensus on the overall project approach. The Kim ley -Horn project manager and one additional staff person will attend the Kick-off meeting. With the City's involvement, we will reviewthe proposed project approach and deliverab les, and wi ll set t imetables for consultant deliverables, City review periods, and other administrative details. Our key design and environmental team will meet regularly with the City to present deSign options, review design alternatives, go over deliverable reviews, discuss project progress, and to discuss other specific project related items. We have assumed a total of six meetings, and the Kimley-Horn project manager and other key staff will attend each meeting. Kimley-Horn anticipates communicating frequently with the City Project Manager, including having Kimley ,» Horn 21 2nd and 3rd Stre~~~llll-tJrade Crossings Scope of Services 3/22/2018 monthly calls to discuss project progress. We will provide monthly schedule updates in Microsoft Project format. Once the initial project has been approved by the City, we will baseline the schedule and continuously track the progress of each task against the baseline . Kimley-Horn will coordinate with SMART, Caltrans, and the CPUC, including in-person meetings with these external agencies, to move the project through those agencies and gain the needed approvals, including the CPUC GO 88 -B, Caltrans Encroachment Permit (if needed), and SMART Right-of-Entry Permit (if needed). Oeliverables: Meeting agendas and minutes for coordination meetings (internal and externa l ) Project Schedule (monthly updates) Draft Permit applications Final Permit applications Task 2. Data Collection Kimley-Horn w i ll conduct a detailed field review to gather critical information for the design i ncluding existing lane geometry and physical roadway features, visible utilities, and potential accessibi lity issues. Kimley Horn will verify existing equipment in place such as traffic signal controller cabinets, signal poles, pull boxes and other traffic signa l furniture that are located behind the face of curb . We will collect necessary traffic data and coordinate with the City to obtain information for the ana lys is and design (signal timing sheets, existing phasing, coordination plans, and additional signal timing preferences). We will utilize SMARTs design plans for the at-grade crossings and the areas within the Bettini Transit Center as the base for the traffic signal designs. Should it be necessary, we will conduct a topographic survey at any locations not within the at-grade crossings on Second and Third Streets. As necessary, Kimley-Horn will prepare utility information request letters for the City to use in coordinating with utility companies with facilities in the project vicinity. These letters will request record drawings, maps, or schematics denoting the utilities at the project site . These utilities will be incorporated into the design plans. Our subconsultant, PARIKH, will review available geologic and soil literature in the vicinity of the project sites and any as-built data from the SMART project. PAR IKH will comply with Agency Permit requirements. It is assumed that the City will provide a no fee encroachment permit to performthe work. No other permits are anticipated . At the locations of proposed traffic signal poles, PARIKH w ill drill up to four borings up to 40' in depth. These explorations will provide an evaluation of subsurface soils conditions . A truck-mounted drill rig will be used to drill 8" diameter borings. The boring locations will depend upon the existing utilities, the proposed traffic signal designs, and the permit cond itions . Kimley ,»Horn 3 1 2nd and 3rd Stre~~~I~l-~rade Crossings Scope of Services 3/22/2018 PARIKH will classify and continuously log subsurface soil conditions encountered in each test boring at the time of drilling. They will obtain "relatively undisturbed" and bulk samples of substrata from test borings. These samples will undergo laboratory tests such as moisture density, unconfined compression tests, and Plasticity Index, as necessary. An engineering analyses will be performed and preliminary design recommendations will be deve loped for the proposed signal pole foundations at each location. L-pile analyses will be conducted based on the proposed loading. Finally, a Geotechnical Report will be prepared that will include the boring logs, laboratory test results, and design recommendations for the signal structures. Oeliverables: Draft and Final Geotechnical Report Utility Request Letter (word format) Topographic Survey (if needed in AutoCAD 2015 format) Task 3 Detailed Design (oJS&E.) Kimley -Horn will prepare design plans, specifications and estimates at the 65%,95%,100%, and Final bid - ready design stages. Our detailed scope for the preparation of the PS&E documents is provided below. Task 3.1 65% PS&E Docurrents Kimley Horn will prepare the 65% plans, specifications and estimate (PS&E) of the traffic signals based on the findings of the preliminary assessment technical memorandum. This effort will include a more detailed assessment of the project area to identify potential issues such as right-of-way constraints, accessibility issues, driveways, and drainage. The 65% design plans are estimated to include the following sheets: Cover Sheet (1 sheet) Notes (2 sheets) Key Map (1 sheet) Traffic Signal Upgrade Sheets with Schedules and Railroad Preemption (4 sheets) Signing and Striping Sheets (2 sheets) Construction Details (3 sheets) Total = 11 sheets Kimley-Horn will prepare the Technical Specifications and Special Provisions for inclusion into the overall project bid package. The Technical Specifications will be written in the format of the 2015 Caltrans Standard Specifications . The 65% plans will consist of the designs showing new and existing items to be used or impacted by the project including, but not limited to conduits, pul l boxes, and traffic signal poles. Kimley .» Horn 4 1 2nd and 3rd Stre~l~IJlll-fjrade Crossings Scope of Services 3/22/2018 Traffic signal conductor and equipment schedules will be included at this stage as well as existing utilities including water lines/laterals, electric lines/vaults, sanitary sewers, and storm drains will be shown on the plans. The project base map will be prepared in AutoCAD 2015 format and the traffic signal sheets will be prepared at a scale of 1"=20'. An engineer's opinion of probable construction cost (engineer's estimate) will be prepared based on recent bid results available for similar projects in the City. We will coordinate with all regulatory agencies, stakeholders, material and equipment suppliers, and any other agencies or manufacturersto incorporate any specific requirements for the design. The 65% PS&E documents will be submitted electronically to the City and stakeholders for review. If requested, we will submit hardcopies of the full-sized drawings, the technical specifications and engineer's estimate . We will meet with the City to review the 65% PS&E documents. If necessary, we will also meet with SMART, Golden Gate Transit (GGT) and/or the CPUC to discuss the 65% design. At this design stage, we will work with the City on utilizing schedule and cost savings measures for the project such as the City furnishing the traffic signal poles, which are long lead items. Any schedule and cost savings measures will be incorporated into the next design submittal. Oeliverables: Electronic submittal of 65% PS&E documents (pdf, word and excel formats) Task 3"2 95% 'JS&E Doc.Jmentc; Once Kimley-Horn receives comments on the 65% plans, specifications and estimate, we will arrange and attend a design review meeting with the City. The intent of the meeting is to go over specific comments by the City and the stakeholders on the 65% submittal. We will prepare and submit a comment response matrix to track each of the comments and responses to ensure that all comments are addressed properly. The comment response matrix will include the origina l comments, Kimley-Horn's responses to each of the comments and a final resolution for each of the comments. Based on the City's comments, Kimley-Horn will advance the design to the 95% leve l. Kimley-Horn will prepare the 95% Technical Specifications and SpeCial Provisions for inclusion into the overall project bid package. Kimley-Horn will prepare the 95% design level construction cost estimate. Kimley-Horn will coordinate and participate in appropriate public outreach (e.g. meeting with stakeholders, business owners, Homeowners Associations, neighborhoods, City Council, etc.), we have assumed that there will be one (1) of these meetings . Kimley » Horn 51 2nd and 3rd Stre~l~ll'l-~rade Crossings Scope of Services 3/22/2018 We will meet with the City once the review of the 95% PS&E Documents is completed to review the comments and develop responses. We will use this meeting to prepare the 95% Comment Resolution Matrix. The 95% PS&E documents will be submitted electronically to the City and stakeholders for review. If requested, we will submit hardcopies of the full-sized drawings, the technical specifications and costs estimate. Oeliverables: Electronic submittal of 95% PS&E documents (pdf, word and excel formats) Comment resolution matrix (with responses to 65% comments) Attendance at one (1) public outreach meeting and preparation of meeting materials and notes. Task 3.3. 100% PS&E Documents Once Kimley-Horn receives comments on the 95% plans, specifications and estimate, we will arrange and attend a design review meeting with the City . The intent of the meeting is to go over specific comments by the City and the stakeholders on the 95% submittal. We will prepare and subm it a comment response matrix to track each of the comments and responses to ensure that all comments are addressed properly. The comment response matrix will include the original comments, Kimley-Horn's responses to each of the comments and a final resolution for each of the comments. Based on the City's comments, Kimley-Horn w ill advance the design to the 100% level. Kimley-Horn will prepare the 100% Technical Specifications and Special Provisions for inclusion into the overall project bid package . Kimley Horn will prepare the 100% design level construction cost estimate. We will meet with the City once the review of the 100% PS&E Documents is completed to review the comments and develop responses. We will use this meeting to prepare the 100% Comment Resolution Matrix. The 100% PS&E documents will be submitted electronically to the City and stakeholders for review. If requested, we will submit hardcopies ofthe full-sized drawings, the technical specifications and costs estimate. Oeliverables: Electronic submittal of 100% PS&E documents (pdf, word and excel formats) Comment resolution matrix (with responses to 95% comments) Td"k 3 4· Flndl Bid Documents (PS&E.) Once the 100% comments have been received, Kimley-Horn will finalize the construction documents. The final submittal will consist of the following : Final Plans in 22" x 34" standard City of San Rafael format. Plans will be signed and sealed by a Kimley ») Horn 61 2nd and 3rd Stre~l~ll'l-~rade Crossings Scope of Services 3/22/2018 State of Ca li fornia, registered civil engineer. Plans will be provided to the City electronically in PD F and AutoCAD 2015 format. Fina l Techn ical Specifications in electronic format (Word). Fi nal Engineer's Estimate in electronic format (Excel). Deliverables: Comment resolution matrix (with responses to 100% comments) Fina l Plans in PDF and AutoCAD formats Final Techn ical Specifications in Word format Final Engineer's Estimate in Excel format Tas'( 4. Environmental Compliance and Permitting TOl<;k 4.1. Techrlcal Study Work Program Kimley-Horn proposes to prepare technical studies in conformance with the California Environmental Quality Act (CEQA) and the City's guidance . Kimley-Horn will coordinate with City staff to formalize the specific content and format requirements for each study . Based upon our recent projects and a review of the project, Kimley-Horn anticipates that the following technical resources would be addressed within the context of the environmental document, which is anticipated to be a CE oShould resources be identified or should the City require more analysis on the following resources, Kimley-Horn can provide this analysis under a separate scope of work and fee. Air quality can be addressed within the context of the environmental document (CE) for construction purposes and would not require a technical study. In addition, the new signals would not act alone, but would be tied to the intersection traffic signals and wou ld alleviate safety issues regarding the potential for vehicles to stop on the SMART tracks. Noise can be addressed within the context of the environmenta l document (CE) for construction purposes and would not require a technical study. Biological resources can be addressed within the context of the environmental document (CE) for construction purposes and would not require a technical study. Water quality can be addressed within the context of the environmental document (CE) for construction purposes and a technical study would not be required . Land Use and Community Impact Technical Memorandum will not be required because the project is a benefit to motorized and non -motorized modes of transportation when a train comes through downtown . The Kimley-Horn team has developed the following technical study work plan to satisfy the City environmental requirements (budgets for the following tasks assume responses on two (2) consolidated Kimley )) Horn 7 1 sets of City review comments). 2nd and 3rd StreM~I~l-fjrade Crossings Scope of Services 3/22/2018 ask 42' Hazardous Materials Memorandum Kimley-Horn will prepare a Hazardous Materials Memorandum (Memorandum) for the project. The Memorandum will be prepared to support the CEQA environmental documents for the proposed project . Kimley-Horn will document the existing hazards and hazardous materials conditions at the project site via regulatory database research and site reconnaissance. Kimley-Horn will review Federal, tribal, State, and local agency records regarding known hazardous material sites/handlers. Identified regulatory sites, within the project boundaries, will be listed within a technical memorandum. Kimley-Horn will utilize the industry's standard database provider, Environmental Data Resources, Inc. EDR), in order to obtain the regulatory database information. Kimley-Horn will prepare a memorandum that discusses the EDR database report and identifies the potential of environmental conditions within the project site as a result of the reported regulatory properties both on-and off-site, if any. Kimley-Horn will perform a site visit, which will consist of a visual examination of the project site for visua l evidence of potential environmental concerns. No subsurface investigations would occur for this Memorandum. Kimley-Horn will document the findings within the Memorandum. Should the Memorandum identify hazardous materials and require more analysis, Kimley-Horn can provide this analysis under a separate scope of work and fee . Task 4.3: Cultural ResoL.rces Updated Record Search and Cultural Resources Sensitivity Analysis To identify potentially sensitive areas and assess what types of cultural resources are most likely to be found in the project area, A/HC will request an updated record search from the Northwest Information Center (NWIC) at Sonoma State University. The record search will request information about cultural resources studies prepared since 2013 at the project area and a 1/8-mile radius around it. A/HC will also use previous testing data, historic maps, and USGS and USDA soil data to prepare a sensitivity map for buried cultural resources in the project area. The results of the record search and literature review will be used to prepare a cultural resources sensitivity report outlining sensitive areas for cultural resources and recommending strategies for avoidance or monitoring where necessary. Archaeological Monitoring Plan Given the proximity of known archaeological sites to the project area, it is assumed that construction monitoring by an archaeologist and/or Native American observer will be necessary . A/HC will consult with the Federated Indians of the Graton Rancheria to develop a monitoring plan, which will identify areas that will require monitoring, specify qualifications and responsibilities of monitors, and develop a treatment plan for any archaeological artifacts or human remains that may be found. Kimley )) Horn 8 1 Task 4 4 CEQA Compliance 2nd and 3rd Stre~l~ll'l-~rade Crossings Scope of Services 3/22/2018 Kimley -Horn will prepare a Class 4 CE in conformance with CEQA Guidelines Section 15304, Minor Alterations to Land, and the regulations requirements and procedures of any other responsible Public Agency with jurisdiction by law. Kimley-Horn will prepare the CE for review and approval by the City. Upon approval of the CE, Kimley-Horn will prepare the Notice of Exemption (NOE). The NOE will be hand delivered to the California Office of Planning and Research, State Clearinghouse, and Kimley-Horn will work with the City to post the NOE at the Office of the County Clerk for the required 30 days. Should one or more impacts be identified as requiring mitigation or Significant and Unavoidable, thus necessitating the preparation of either an Initial Study and Mitigated Negative Declaration (IS/MND) or an Environmental Impact Report (EIR), a separate scope of work and budget can be prepared for the City. Task 5: Bid and Construction Phase Support Services Kimley-Horn will provide support during the bidding and construction phase of the project. The services will include responding to questions and inquiries during the bid phase, attendance at the pre- construction meeting, reviewing submittals and shop drawings as required in the project Special Provisions, attending field meetings, responding to RFls to provide clarification of plans and/or specifications, and conducting a field review to prepare a punchlist when construction has been substantially completed. Kimley-Horn will review Contract Change Orders (CCO) for design changes as part of this task. Kimley - Horn shall have no responsibility for any Contractor's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall Kimley-Horn have any authority or responsibility to stop or direct the work of any Contractor. Kimley-Horn's visits (assumed up to ten (10) meetings or site visits) will be for the purpose of endeavoring to provide the City a greater degree of confidence that the completed work of its Contractors will generally conform to the construction documents prepared by Kimley-Horn. Kimley-Horn will prepare record drawings as part of this task. These efforts include the preparation of record drawings of the traffic signals upgrades from the City's Public Works' Inspector and the Contractor's redlined plans for each plan sheet. Kimley-Horn will submit the "Record Drawings" to the City and provide the project drawings in AutoCAD 2015 format. Deliverables: Meeting agendas and minutes Responses to RFls Plan revisions related to the project's original scope and character Assistance with reviews and responses to contract change orders Record Drawings Kimley )) Horn 9 1 Project Schedule 2nd and 3rd Stre~l~IJW-fjrade Crossings Scope of Services 3/22/2018 For the project schedule, we have assumed a start date around mid-April 2018. Our approach will be to begin the environmental process and the detailed design concurrently. We will continue this process where our design and environmental teams will be working simultaneously, but in coordination to keep both processes moving forward. Task Milestone Data Collection Within 4 weeks of Notice to Proceed (NTP) Environmental Technical Studies (Draft) Within 8 weeks of receipt of NTP Environmental Technical Studies (Final) Within 4 weeks of receipt of final comments on draft studies 65% PS&E Within 4 weeks of NTP 95% PS&E Within 3 weeks of receipt of comments on 65% PS&E 100% PS&E (bid ready) Within 1 week of receipt of comments on 95% PS&E We anticipate a kick -off meeting with the City and our key team members. We will start immediately on the environmental process and the topographic surveys (if needed) and field investigations. For the overall timeframe, we propose to complete the environmental process within 100 working days, which includes reviews by the agencies. We propose to complete the detailed designs within 70 working days, including reviews by the City and other stakeholders. Assuming a construction timeline of about 60 working days (this is assumed based on our previous experience w ith similar projects in the City and the incorporation of schedule savings measures), we antici pate a project completion at the end of 2018. Fee Esti mate Our fee estimate to conduct the services described in the scope of services above is $148,315 which includes all administrative time and expenses. The table below provides our estimated fee per task. Task No. Description Fee Task 1 Project Management & Coordination $14,790 Task 2 Data Collection $39,770 Task 3 Detailed Design (PS&E) $47,625 Task 4 Environmental Compliance and Permitting $32,790 Task 5 Bid and Construction Phase Support $11,340 Other Direct Costs $2,000 TOTAL: $148,315 Kimley I» Horn 10 1 Kimley ») Horn Kimley-Horn Rate Schedule Rates valid through 6/30/18 Admin Support Sr. Admin Support Project Support Sr. Project Support ADD Technical Support Sr. Technical Support Analyst I Analyst II Analyst II Engineer/Planner I Engineer/Planner II Engineer/Planner III Engineer/Planner IV Engineer/Planner V Sr. Engineer/Planner I Sr. Engineer/Planner II Sr. Engineer/Planner III Sr. Engineer/Planner IV PIC/Sr. Tech Advisor 85 -$100 95 -$115 100 -$130 120 -$140 100 -$125 100 -$125 120 -$150 105 -$115 110 -$125 120 -$130 120 -$135 130 -$150 145 -$175 170 -$200 195 -$215 210 -$230 225 -$250 245 -$275 270 -$290 285 -$325 Other Direct Costs : Outside Pr inting/Reproduction, Del ivery Services/USPS , M ise. Field Equipment/Suppl ies, and Travel Expenses will be billed at actual Cost. M ileage w ill be billed at the Federa l Rate. 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 INmATING DEPARTMENT PROJECT MANAGER Contracting Department: Public Works Project Manager: -:KM~-::-~~~~~~~~~~~~~~~~~~~~_ Extension: 3389 Project Name: 2nd & 3rd Street Queue Cutter Improvement Project Contractor's Contact: Kevin Aguigui -Kimley Hom Associates Contract's Email: kevin.aguigui@kimley-horn.com RESPONSIBLE REVIEWER Step DEPARTMENT DESCRIPTION COMPLETED DATE Initial a. Email PINS Introductory Notice to Contractor In system b. Email Contract (in Word) & attachments to City Attorney clo I Project Manager Laraine. Gi ttens@cityofsanrafael.org 4/212018 KM a. Review, revise and comment on draft agreement and return to Project Manager 4/2/2018 LG - b. Confirm insurance requirements, create Job on PINS, send PINS 2 City Attorney insurance notice to contractor. 4/2/2018 LG Forward three (3) originals of final agreement to contractor for their 3 Project Manager signature. 411712018 KM When necessary, * contractor-signed agreement agendized for Council approval PSA > $20,000 or Purchase> $35,000: or Public Works Contract> ~18 ) 4 Project Manager $125,000 KM PRINT CONTINUE ROUTING PROCESS WITH HARD COPY '------""" Forward signed original agreement to City Attorney with printed copy of 5 Project Manager this routing form 4/20/2018 KM 6 City Attorney Review and approve hard copy of signed agreement 'i12~hq-JJ4- Review and approve insurance in PINS, and bonds (for public works ' 1 /?-~.Jr5 ~ 7 City Attorney contracts) City ~lfU/fk' ~ 8 ManagerlMayor Agreement executed by Council authorized official Attest signatures, retains original agreement and forwards copies to L\i IV' ~ 9 City Clerk project manager l1.~\ \Cb • 10 Project Manager Forward Final Copy to Contractor