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PW Lincoln Avenue Curb RampsAGREEMENT FOR PROFESSIONAL SERVICES WITH BKF ENGINEERS FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE LINCOLN AVENUE CURB RAMPS PROJECT This Agreement is made and entered into this 1 til day of \V\ l! ~ , 2018, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and BKF ENG NEERS, a corporatIOn authorized to do business in California (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the CITY has determined that professional services are required for design and environmental clearance associated with the Lincoln Avenue Curb Ramps Project, City Project No . 11344; and WHEREAS, the CONTRACTOR 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. CONTRACTOR'S Project Director. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Jason Kirchmann is hereby designated as the Project Director for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties and/or provide the servIces outlined in the CONTRACTOR'S proposal "Proposal for Engineering Services -Lincoln Ave Curb Ramps" dated April 26, 2018, marked as Exhibit "A," attached hereto, and incorporated herein. 3 . DUTIES OF CITY. CITY shall compensate CONTRACTOR as provided in Paragraph 4, and shall perform the duties as described in Exhibit "A" attached hereto and incorporated herein. RIGINA 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR on a time and materials basis for services rendered at the hourly rates shown in CONTRACTOR'S Section V (Compensation) included in Exhibit "A" attached, in a total contract amount not to exceed $120,550, including reimbursable expenses . Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT. The term of this Agreement shall commence upon the date of execution of this Agreement and end on December 31, 2021 , or on such earlier date 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 of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR'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. The written documents and materials prepared by the CONTRACTOR in connection 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, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance 2 of its duties under this Agreement. CONTRACTOR 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 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 term of this Agreement, CONTRACTOR 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 perfornled 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 CONTRACTOR's performance of services under this Agreement. Where CONTRACTOR is a professional not required to have a professional license, CITY reserves the right to require CONTRACTOR to provide professional liability insurance pursuant to this section. 4. If it employs any person, CONTRACTOR shall 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. CONTRACTOR'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 CONTRACTOR in subparagraph A of this section above shall also meet the following requirements: l. Except for professional liability insurance and worker's compensation insurance, the insurance policies shall be specifically endorsed to include the CITY, its offi cers, agents, employees, and volunteers, as additionally named insureds under the policies . 3 2. The additional insured coverage under CONTRACTOR'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 CONTRACTOR'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 injury. 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 virtue 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 termination of tlus 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 of this 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 ollnimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and liollts shall be: (I) 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 CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, and shall not reduce the liollts 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 CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 4 D. Proof of Insurance. CONTRACTOR 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 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 CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney . 11. INDEMNIFICATION . A. Except as otherwise provided in Paragraph B., CONTRACTOR 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 CONTRACTOR'S performance of its obligations or conduct of its operations under this Agreement. The CONTRACTOR'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 CONTRACTOR'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 CONTRACTOR's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR'S performance of or operations under this Agreement, CONTRACTOR 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 CONTRACTOR under this Agreement are design professional services to be performed by a design professional as that term is dermed under Civil Code Section 2782.8, CONTRACTOR 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 CONTRACTOR 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 5 professional's proportionate percentage of fault. 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. CONTRACTOR 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. CONTRACTOR shall observe and comply with all applicable federal, state and local laws , ordinances, codes and regulations, in the perfomlance of its duties and obligations under tIlls Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances , codes and regulations. CONTRACTOR 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 laws, ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR 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 tmder 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: Bill Guerin Public Works Director III Morphew Street San Rafael, CA 94901 6 TO CONTRACTOR's Project Director: 16. INDEPENDENT CONTRACTOR. Jason Kirchmann BKF Engineers 711 Grand Avenue, Suite 240 San Rafael, CA 94901 For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, 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 CONTRACTOR 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 CONTRACTOR 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. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR 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 7 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. 20. COSTS AND A TIORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement , or arising out of the performance 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. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Nwnber and Certification). 22. APPLICABLE LAW. The laws of the 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 ATTEST: LINDSAY LARA, City Clerk APPROVED AS TO FORM: 8 CONTRACTOR B~:~~Q Name : c;/7(;:r~/~r7/..? Title of ,ff?//yC//?,rz-/V-' /? Corporate Officer: an Al BY ~uacZ{Y~ Name: Vt::l.vt!,/ A ~U//-e Titleof &e.?/~e'~rf;/cEO Corporate Officer: / <.. !~Bkr loo+ ._ YEARS ENGINEERS . SURVEYORS . PLANNERS April 26, 2018 City of San Rafael Public Works Department 111 Morphew Street San Rafael, CA 94901 Transmitted Via Email Attn: Shawn Graf BKF Ref. P20180778 -0l Subject: Proposal for Civil Engineering Services -Lincoln Avenue Curb Ramps Shawn: BKF Engineers (BKF) welcomes the opportunity to submit this Proposal for civil engineering services to design new accessible curb ramps along Lincoln Avenue in the City of San Rafael. To arrive at the estimated effort required by our office for this project, we have outlined a proposed scope of services, identified assumptions, and determined a level of effort fee based on our understanding of the project. I. PROJECT UNDERSTANDING Based on your proposal request and information obtained from your RFP email and attachments dated April 16, 2018, we understand the City intends to design and construct a total of twenty-nine (29) new accessible curb ramps at the intersections of Lincoln Avenue with the following streets : • Maple Street (3 ramps) • Myrtle Drive (2 ramps) • Paloma Avenue (4 ramps) • Glenwood Drive (3 ramps) • Prospect Drive (2 ramps) • Wilson Court (3 ramps) • Linden Lane (1 ramp) • Hammondale Court (2 ramps) • Brookdale Avenue (3 ramps) • Hamilton Court (2 ramps) • Grand Avenue (4 ramps) We understand that the City has already designed eight (8) new curb ramps at the intersections of Lincoln Avenue with Mission Avenue, Laurel Place and Pacheco Street. We have assumed that the City will be providing a signed and stamped copy of these designs for inclusion in the final Bid Documents and that no further design services will be required from BKF for these ramps. II . SCOPE OF SERVICES TASK 1: PROJECT MANAGEMENT AND COORDINATION Upon receipt of a formal Notice to Proceed, BKF will prepare a project schedule in the form of a Gantt chart typically associated with a Microsoft Project electronic file. BKF's Project Manager will mon itor the progress of the project and provide updates to the City on a monthly basis. The updates to the City will be in the form of an updated project schedule and a brief narrative of tasks started, in progress or completed during the monthly period. 711 Grand Aven ue, Suite 240, San Rafael, CA 949011415.930.7960 E X~IIBIT A !~Bkr loo+ __ YEARS ENGINEERS . SURVEYORS . PLANNERS TASK 2: DESIGN Lincoln Avenue Curb Ramps City of San Rafael Public Works Department April 26, 2018 Page 2 of 6 1. Preliminary Assessment and Existing Conditions Review: BKF will schedule a project kick-off meeting with the City of San Rafael Public Works Department to visit the site and review existing site constraints and conditions. We will conduct a preliminary assessment to analyze the project area and note any potential challenges to design such as right-of-way constraints , surrounding accessibility barriers, constructability concerns , and drainage. 2. Supplemental Data Collection: For a basis of the proposed improvements, it is assumed that BKF will utilize prepared base mapping of the project area provided by the City. BKF will reach out to utility companies that may have facilities within the project limits for as-built drawings, maps, and schematics . Once received, BKF will incorporate the data along with record utility information provided by the City of San Rafael (for water, sewer and storm drain) into the base mapping to depict the record location of utilities superimposed onto the existing topographic survey. We will also determine during this phase if any additional survey is needed to facilitate the design process. BKF is not proposing to provide any delineation or determination of right-of-way lines with th is Proposal. Only righ t -o f -way lines provided by the City, in AutoCAD format, fo r use on the project drawings will be shown. All right of way engineering or land surveying services associated with establishment, reestablishment, identification or delineation of any property lines is excluded from the scope of services. It is anticipated that the work wi ll be contained within existing areas occupied by public improvements or right-of-way lines and that no major environmental concerns exist. Services to perform a formal environmental investigation or resolution of right-of way-conflicts is not included in this scope of services ; however, BKF will notify City staff if these situations arise to discuss the appropriate course of action . 3. 65% Improvement Drawings: Using the data collected during the previous Tasks, BKF will develop drawings to the 6S% level of design. Sheets will be set up with the City approved title block in anticipation of the final 8.S"x11" deliverables. The 6S% drawings will consist of presenting the preliminary design concepts that will illustrate the limits of improvements. Preliminary conform and critical grades will be establ ished and presented. BKF will provide the 6S% drawings in PDF format. 4. 100% Improvement Drawings: After City review of the 6S% drawings, BKF and the City will meet to discuss the review comments . BKF will incorporate and address the City's comments in the 100 % progress set of drawings . After discussing the comments, during this phase, the design will be developed to include grades at all ramp geometry points, conform details, construct ion alignments/improvement control lines, critical design slopes, design keynotes and relevant construction details. The drawings will then undergo an internal quality control/quality assurance review before delivery to the City. BKF will prepare a summary of 6S% review items and identify how the comments were incorporated into the current progress drawing set. BKF will provide the 100% draw i ngs in PDF format. S. Final Improvement Drawings (Bid Documents): After City review of the 100% draw ings , BKF and the City w ill meet to d iscuss the review comments. BKF wi ll i ncorporate and address the City's comments and develop a f i nal signed drawing set. The drawings will be printed on 8.S"x11 " hardcopy sheets for delivery to the City. BKF w i ll prepare a summary of 100 % review items and identify ho w the comment s were i ncorporated i nto the final drawing set. Additionally, BKF wi ll BKF Engi neers 1 711 Grand Avenue , Suite 240 1 San Rafael, CA 1 949011 41S .930 .7960 !~Bkr loo+ __ YEARS ENGINEERS . SURVEYORS . PLANNERS Lincoln Avenue Curb Ramps City of San Rafael Public Works Department April 26, 2018 Page 3 of 6 provide the final drawings in PDF, AutoCAD Civil 3D 2018, and a "saved down" AutoCAD format compatible with Land Development Desktop. 6. Limited Traffic Signal Design at the intersection of Lincoln Avenue and Paloma Avenue: We understand that the replacement of curb ramps at Paloma Avenue will require modifications to the existing street light and traffic signal system including the installation of new traffic signal conduit, pull boxes, and a controller cabinet with foundation (no new signal poles). BKF will coordinate with utility companies and prepare design documentation showing the installation of new poles , pull boxes and conduits as required by the proposed improvements. Improvements will be designed in accordance with City of San Rafael standards for traffic signal design. 7. Schedule of Items and Quantities Estimate: Concurrently with the design Tasks described above, BKF will develop a schedule of items that will identify items of work to be performed by the contractor. The items will be developed in tabular form for use by the City in the ultimate bid package. Additionally, BKF will prepare an engineer's opinion of quantities. The quantities will include, but not be limited to, asphalt, base rock, concrete, conduits and earthwork. 8. Specifications Support: We understand that the City will provide a specifications booklet with boilerplate specifications from a recently constructed project and the City does not anticipate major changes to the sample specifications provided. BKF will provide quality control and comments to the City for elements included in our scope of work and review the specifications for general consistency with the Improvement Drawings. We anticipate that all work within the public right-of- way will be designed in accordance with Caltrans and/or Marin County Uniform Construction Standards . BKF has budgeted for up to sixteen (16) hours of combined staff time for this service. 9. Meetings: BKF has budgeted for up to twelve (12) hours of combined staff time to attend meetings and participate in conference calls during this phase. Anticipated meetings include internal coordination and City coordination. TASK 3: CALTRANS ENCROACHMENT PERMIT (OPTIONAL) We understand that the City anticipates that the curb ramps at the intersections of Lincoln Avenue with Hammondale Court and Prospect Drive may require work within the Caltrans right-of-way which would require a separate parallel application and review process outside of the City for an encroachment permit from Caltrans. Should it be determined by the City that a Caltrans encroachment permit applications is required, BKF will provide the following services: 1. Caltrans Encroachment Permit Application and Coordination: BKF will provide application support to the City in order to submit the necessary documentation for application review and permitting by Caltrans. BKF will coordinate with the City and Caltrans regarding the necessary deliverables for agency approval. 2. Caltrans Right-of-Way Improvement Drawings: BKF will prepare a single set of stand-alone Caltrans Right-of-Way Improvement Drawings formatted for an encroachment permit submittal to the Caltrans Office of Encroachment Permits. BKF will also prepare Caltrans BMP "DPP-1" checklist which is typically required by Caltrans to accompany encroachment permit submittals. Please note that Caltrans typically requires that their right-of-way and adjoining property lines be determined , BKF Engineers 1 711 Grand Avenue, Suite 240 1 San Rafael, CA 1 94901 1415.930.7960 ENGINEERS . SURVEYORS . PL.ANNERS Lincoln Avenue Curb Ramps City of San Rafael Public Works Department April 26, 2018 Page 4 of 6 located and annotated on the project drawings. It is assumed that a right of way determination will be made by and provided by the City for use with the submittal(s). 3. Response to Caltrans Comments: BKF will revise the drawings based on Caltrans comments and re-submit for review. We have allocated fee for up to three (3) re-submittals . TASK 4: BID SUPPORT Upon completion of the Final Construction Documents described above and prior to bidding, BKF will be available to consult with the City regarding any f i nal questions on/or interpretations of the design (contractor RFI's). We will also be available to provide the following services, if requested: attend a pre-bid meeting; provide responses to bidders' questions; rev iew and evaluate the responsiveness, validity and completeness of the bid; provide recommendations to award the project to the most responsive bidder; and if needed prepare bidding addenda . TASK 5: CONSTRUCTION SUPPORT During t he Cons t ru ct ion Phase and to the extent requested, BKF can provide construct ion-related services to assist the City and their designated representatives in overseeing the construction aspects of the project. BKF 's services will be limited to providing support and observation services only. 1. Construction Meetings: BKF has budgeted for up to five (5) site meetings with the contractor during construction, including the pre-construction meet i ng, to clarify design intent as needed . BKF will prepare meeting minutes that will be distributed within two business days after the meeting (s). 2. Review and Respond to Construction Submittals: BKF will review and respond t o construct io n submittals rece ived from the contractor during construction. Fees associated with submittal revie w assumes that the number of submittal reviews is limited to ten (10). 3. Review and Respond to Requests for Information: BKF will review and respond to requests for information (RFI's) and provide interpretation of the Improvement Drawings during construction. Fees associated with submittal review assumes that the number of RFI reviews is limited to five (5). 4. Assist City with the preparation of Contract Change Orders: BKF will review contractor change order requests and provide feedback to the City as it relates to design element adjustments . It is assumed that the City will author and be responsible for final negotiation of change orders. 5. Final Site Walk and Engineer's Punch List: BKF will participate in the final walk-through of the constructed project and assist in the preparation of "punch list" items in need of work. 6. Record Drawings: BKF will prepare Record Drawings for the improvements from information that we acquire i n the field and from information that the Contractor provides through the City. BKF will submit Record Drawings to the City for review and address one round of comments before providing final Reco rd Drawings to the City electronically in PDF format upon their completion . Digital files of the final drawings provided in AutoCAD format, pursuant to BKF standards, will be provided only as a courtesy. BKF Engineers 1 711 Grand Avenue, Suite 240 1 San Rafael, CA I 94901 1415 .930.7960 ENGINEERS . SURVEYORS . PLANNERS III. ASSUMPTIONS Lincoln Avenue Curb Ramps City of San Rafael Public Works Department April 26, 2018 Page 5 of 6 BKF will provide our services consistent with the professional skill and care ordinarily provided by consultants practicing in the same locality under the same or similar circumstances. Our services shall be limited to those expressly summarized in this Proposal and we shall have no other obligations or responsibilities , unless otherwise agreed upon. At this time, BKF has specifically excluded the following items and/or services: ,. Additional services beyond the scope of services described above ;... Architectural, Landscape and Arborist services ,. Attendance at public hearings ,. Boundary surveys or the determination of property lines ,. B1M or 3D modeling ;. Construction staking ;... Environmental studies or services ,. Geotechnical services ;-Gas design ,. Hydrology and hydraulic analysis ;.. Identifying the location of underground utilities in the field ;... Land surveying services ~ Plan review fees, permit fees, bonding costs, title company fees, etc. ., Preparation of legal descriptions and/or plats for easements or dedications ,. Preparation of Storm Water Pollution Prevention Plan (SWPPP) ;. Preparation of a Traffic Control Plan or Construction Haul Route Plan ,. Lighti ng design and photometric analysis ,. Structural or mechanical engineering services ,. Title company services or resolution of title issues ,. Transportation/traffic engineering The services described herein , as well as services outside of this scope will only be performed if authorized by the City. Fees for additional services will be billed on a Time and Materials basis in accordance with our rate schedule, unless otherwise agreed upon. IV . SCHEDULE BKF is prepared to begin providing these services upon your formal authorization to proceed. We understand that the City desires to have the design work commence by the end of May 2018 w ith a target construction start date of Summer 2018. V. COMPENSATION BKF proposes to provide the services described in this Proposal on a time and materials basis in accordance with our current rate schedule with a not-to-exceed limit of $120.050 in accordance with the table below . Fees will ultimately depend on the actual amount of time it takes to complete the described and/or requested services. The fees will be invoiced monthly. The invoice will identify the professional category and associated hourly rate, and include a brief description ofthe services performed during that particular billing cycle. BKF Engineers I 711 Grand Avenue, Suite 24 0 I San Rafael, CA I 94901 I 415.930.7960 ENGINEERS . SURVEYORS . PLANNERS Lincoln Avenue Curb Ramps City of San Rafael Public Works Department April 26, 2018 Page 6 of 6 ITEM DESCRIPTION FEE I 1 PROJECT MANAGEMENT AND COORDINATION $5,000 1.1 Project Schedule and Monthly Schedule Updates 1,800 1.2 Contract Management and Quality Assurance /Control 3,200 2 DESIGN $79,000 2.1 Preliminary Assessment and Existing Conditions Review 2,000 2.2 Supplemental Data Collection 4,300 2.3 65% Improvement Drawings 19,500 2.4 100% Improvement Drawings 15,000 2.5 Final Improvement Drawings (Bid Documents) 8,000 2.6 Limited Traffic Signal Design at Intersection of Lincoln & Paloma 22,000 2.7 Schedule of Items and Quantities Estimate 3,200 2.8 Specifications Support 3,000 2.9 Meetings 2,000 3 CALTRANS ENCROACHMENT PERMIT (OPTIONAL) $11,400 3.1 Caltrans Encroachment Permit Application and Coordination 1,200 3.2 Caltrans Right-of-Way Improvement Drawings 4,200 3.3 Response to Caltrans Comments (each for up to 3 rounds) 6,000 4 BID SUPPORT $3,800 4.1 Pre -Bid Assistance and Respond to RFI's 2,200 4.2 Attend Pre -Bid Meeting 650 4.3 Review Construction Bids and Make Recommendation to City 950 5 CONSTRUCTION SUPPORT $20,850 5.1 Construction Meetings 8,500 5.2 Review and Respond to Construction Submittals 1,850 5.3 Review and Respond to Requests for Information 2,500 5.4 Assist City with the preparation of Contract Change Orders 2,000 5.5 Final Site Walk and Engineer's Punch List 1,750 5.6 Record Drawings 4,250 In addition, please budget $500 for reimbursable expenses. Reimbursable expenses are anticipated for reproduction, mileage, express and messenger deliveries, and computer deliverable plots. These fees will be invoiced as a separate line item on the monthly invoices in accordance with our rate schedule. Sincerely, BKF Engineers Jason Kirchmann, PE , PLS Associate / Project Manager BKF Engineers 1 711 Grand Avenue, Suite 240 1 San Rafael, CA I 94901 1415 .930 .7960 !~BkF IOO+ ._ YEARS ENGINEERS . SURVEYORS . PLANNERS PROFESSIONAL PERSONNEL SERVICE FEES JANUARY 1. 2018 -DECEMBER 31. 2018 PERSONNEL ENGINEERING Senior Associate Associate Project Manager Engineer IV Engineer I, II, III Engineering Assistant Junior Engineer PLANNING Planner I, II, III, IV SURVEYING Senior Associate Associate Project Manager Surveyor I, II, III, IV Survey Party Chief Survey Chainman Apprentice I, II, III, IV Instrumentman Surveying Assistant Junior Surveyor Utility Locating Superi ntendent Utility Locator I, II, III BIM Specialist I, II, III DESIGN AND DRAmNG Technician I, II, Ill, IV Drafter I, II, III, IV CONSTRUCTION ADMINISTRA TION/QSP-QSD Senior Construction Adm i nistrator Resident Engineer Field Engineer I, II, III Senior Consultant SERVICES AND EXPENSES Project Assistant Clerical! Administrative Ass istant Delivery Services Principals' time on projects is chargeable at $237 .00 -$260 .00 per hour. HOURLY RATES $212.00 $206.00 $197.00 -$202.00 $182.00 $129 .00 -$148.00 -$168.00 $79 .00 $67.00 $129.00 -$148 .00 -$168 .00 -$182 .00 $212 .00 $206.00 $197.00 -$202.00 $129 .00 -$148 .00 -$168.00 -$181.00 $169.00 $109.00 $67 .00 -$90.00 -$99.00 -$105.00 $145 .00 $79.00 $67.00 $170.00 $88 .00 -$124 .00 -$149.00 $129.00 -$148.00 -$168.00 $123 .00 -$131.00 -$143.00 -$155.00 $96 .00 -$106.00 -$114.00 -$127.00 $191.00 $142 .00 $129.00 -$148 .00 -$168.00 $221 .00 $79 .00 $67.00 $35.00 Charges for outside services , equipment, and facilities not furnished directly by BKF Engineers will be billed at cost plus 10%. Such charges may include, but shall not be limited to printing and reproduction services ; shipping, delivery, and courier charges ; subconsultant fees and expenses ; special fees, permits, and insurance; transportation on public carriers, meals, and lodging; and consumable materials. Mileage will be charged at the prevailing IRS rate per mile. Monthly invoices are due within 30 days from invoice date. Interest will be charged at 0.833% per month on past due accounts. Expert witness/litigation rates are available upon request. 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: Public Works Project Manager: Shawn Graf Extension: 5247 Contractor Name: BKF Engineers Contractor's Contact: Jason Kirchmann Contact's Email:jkirchmannbkf.com D FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBL E DESCR I PTION 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 of final agreement to contractor for their signature 4 Project Manager When necessary, * contractor-signed agreement agendized for Council approval *PSA > $20,000; or Purchase> $35,000; or Pub lic 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 N/A 5/3/2018 5/3/2018 N/A 5/3/2018 D N/A Or 5/21/2018 5/11/2018 a;'//~ 5M/~ ,) /~Cf I tf I s;t 2 C\l I ~ . REVIEWER Check/Initial IXl IXl IXl LG IXl IXl SG IXl SG 1UL lIY 'A\C k!~