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PW Third and Hetherton Engineering Services; Amendment 1FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR PROFESSIONAL SERVICES FOR THE THIRD STREET AT HETHERTON STREET IMPROVEMENTS PROJECT THIS FIRST AMENDMENT to the Professional Services Agreement by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and KIMLEY-HORN AND ASSOCIATES, INC., (hereinafter "CONSULTANT"), is made and entered into as of the day of J , 2019. Rl=riTei c WHEREAS, pursuant to City Council Resolution No. 14597, the CITY and CONSULTANT entered into a Professional Services Agreement dated November 7, 2018 for design services associated with the Third Street at Hetherton Street Improvements Project (the "Project") in an amount not to exceed $64,903.81 (the "Agreement"); and WHEREAS, CITY requires additional environmental services from the CONSULTANT, and the CONSULTANT is willing to provide such services; AMENDMENT TO AGREEMENT NOW, THEREFORE, the parties hereby agree to amend the Agreement as follows: 1. Article II of the Agreement, entitled "STATEMENT OF WORK," is hereby amended to include the additional services set forth in CONSULTANT's proposal entitled "Proposal for Additional Environmental Services for the Third Street and Hetherton Street Intersection Improvements" dated June 19, 2019, attached to this First Amendment as Exhibit "A" and incorporated herein by reference. 2. Article V of the Agreement, entitled "ALLOWABLE COSTS AND PAYMENTS," is hereby amended to include additional compensation payable to CONSULTANT for the services described in Exhibit "A" to this First Amendment, on a time and materials basis in a not -to -exceed amount of $13,096.19, and to change the total not -to -exceed amount under Paragraph H to $78,000.00. Such additional compensation shall be paid at the hourly rates for CONSULTANT set forth in Exhibit "B" of the Agreement. �R16"BW A L 3. Except as specifically amended herein, all of the other provisions, terms and obligations of the Agreement between the parties shall remain valid and shall be in full force. IN WITNESS WHEREOF, the parties have executed this First Amendment on the day, month, and year first above written. CITY OF SAN RAFAEL JIM "TZ, Cit M nager ATTEST: \ LZ�D�-w` LINDSAY LARA, City Clerk APPROVED AS TO FORM: P701,411P mmom I KIMLEY-HORN AND ASSOCIATES, INC. By: Name: Title of Corporate Officer: ,*X7AA7- and By: Name:�j,l Title of Corporate Officer:h,,,. S A Y Kimley >>> Horn June 19, 2019 Hunter Young, P.E. Senior Civil Engineer City of San Rafael 111 Morphew Street San Rafael, CA 94901 EXHIBITA Re: Proposal for Additional Environmental Services for the Third Street and Netherton Street Intersection Improvements Dear Hunter: Kimley-Horn and Associates, Inc. (Kimley-Horn) is pleased to submit this proposal to provide additional professional services for the above referenced project at the City's request in order to secure environmental clearance for the project and resolve encroachment permitting comments from Caltrans staff. Background The City of San Rafael proposes improvements at the intersection of Third Street and Netherton Street in order to resolve conflicts between pedestrians and vehicles at the intersection. Caltrans is the lead agency, under delegated authority from the Federal Highway Administration, to approve of the City's compliance with National Policy Environmental Act (NEPA) requirements. Without NEPA environmental clearance, the City's project will not be permitted to enter construction. The Third Street and Hetherton Street intersection partially overlaps an archaeological site, known as CA -MRN - 711/H, containing historic and prehistoric artifacts. CA -MRN -711/H was excavated in 2012 and again in 2015 as part of prior City projects along Netherton Street. Excavation results suggested that the site consists of disturbed soils and did not have sufficient information potential to make it eligible to the National Register of Historic Places. Based on this prior data, Archaeological/Historical Consultants (A/HC), subconsultant to Kimley- Horn, proposed archaeological monitoring only for the current project. However, after discussion with Caltrans, it has become evident that work cannot proceed without a formal determination by the State Historic Preservation Office (SHPO) as to whether or not CA -MRN -711/H is eligible for the National Register. This determination is required to demonstrate compliance with NEPA, the California Environmental Quality Act of 1970 (CEQA), and Section 106 of the National Historic Preservation Act (NHPA) of 1966, as amended (16 USC 470). To support this approach, Caltrans is now requiring a Phase II Archaeological Evaluation Report (AER) for the project, which report was not anticipated by the design team when the project scope was developed. The AER provides the basis for determining whether a site is eligible for inclusion in the National Register or is a historical resource under CEQA. It also may document whether the proposed project will adversely affect eligible properties. To accomplish this, the report describes the fieldwork, data analyses undertaken, and the conclusions derived from them. Based on this information, the AER also demonstrates that the site does—or does not—possess the additional information potential to address significant research questions. For this project, the AER will analyze the results of the 2012 Puerto Suello excavations and the 2015 Regional Transportation System Enhancement excavations, Kimley>>>Horn including a detailed presentation of excavation locations, soil types, and artifacts found. We believe that the analysis will support the conclusion that the site is not eligible for the National Register. Additional Scope of Services The Kimley-Horn team will prepare a Phase II AER. This report and its findings will be submitted to Caltrans in draft format for review. We will respond to Caltrans comments and submit a final Phase II AER to the City and Caltrans. Once the AER is approved by Caltrans, it will forwarded to SHPO, who then will have a 30 -day period to concur or disagree with the findings of the study. As the Third Street and Netherton Street intersection is within State of California right of way, the City is required to obtain a Caltrans encroachment permit to perform the construction work. This scope of services includes providing additional permitting assistance, as requested by the City, should Caltrans reviewers require minor re -work of the proposed design beyond that included in the original contract scope of services. Schedule Kimley-Horn is prepared to begin work immediately upon receipt of the notice to proceed (NTP) and we will deliver the Phase 11 AER within three weeks after NTP. Fee and Billing Kimley-Horn will provide the above additional Scope of Services on a labor fee plus expense basis not to exceed $13,096.19, increasing the total not to exceed contract amount to $78,000.00. Kimley-Horn will provide these services on a time -and -materials basis and all labor fee will be billed per the rates in the current professional services contract. We look forward to the opportunity to continue to serve the City. Please do not hesitate to contact me at (510) 350-0217 if you have any questions. Thank you, KIMLEY-HORN AND ASSOCIATES, INC. <Z Kevin Aguigui, PE, CSEP Project Manager RAFq�` 1, i 2 yo iTY WITH p 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: Hunter Young Extension: 3408 Contractor Name: Kimley-Horn and Associates Contractor's Contact: Kevin Aguigui Contact's Email: kevin.aguigui@kimley-horn.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial a. Email PINS Introductory Notice to Contractor Click here to ❑x 1 Project Manager enter a date. b. Email contract (in Word) and attachments to City Attorney c/o Laraine.Gittens@cityofsanrafael.org 6/20/2019 ❑X HY 2 City Attorney a. Review, revise, and comment on draft agreement 6/21/2019 ❑x LG and return to Project Manager b. Confirm insurance requirements, create Job on 6/21/2019 ❑x LG Department Director PINS, send PINS insurance notice to contractor 3 Approval of final agreement form to send to 6/24/2019 contractor 4 _ Project Manager Forward three (3) originals of final agreement to 6/24/2019 ❑X HY contractor for their signature 5 Project Manager When necessary, contractor -signed agreement ❑ N/A agendized for City Council approval * *City Council approval required for Professional Services [X HY Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 7/15/2019 Date of City Council approval 6/27/2019 PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City D HY City Attorney Attorney with printed copy of this routing form 711 7 Review and approve hard copy of signed agreement 8 City Attorney Review and approve insurance in PINS , and bonds -7/1-7 (for Public Works Contracts) 7 l 9 City Manager/ Mayor Agreement executed by City Council authorized official 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager ) q