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HomeMy WebLinkAboutCC Resolution 13053 (Engineering Services; Kimley-Horn)RESOLUTION NO. 13053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING A PROPOSAL AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY- HORN & ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR VARIOUS PROJECTS IN AN AMOUNT NOT TO EXCEED $144,100.00. WHEREAS, on July 6, 2010, the City Council approved the 5 year Capital Improvement Project list, WHEREAS, the Department of Public Works has experienced a reduction in staff required to manage, design and inspect the projects; and WHEREAS, the Department of Public Works requires professional engineering services in order to progress with various projects on the list; and WHEREAS, the firm of Kimley-Horn & Associates, Inc. was selected for said engineering services; and WHEREAS, Kimley-Horn & Associates, Inc. has submitted a Proposal to provide such services in the amount of $144,100.00; and WHEREAS, staff has reviewed the proposal from Kimley-Horn & Associates, Inc. and found it to be within industry standards and acceptable. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael that the Kimley-Horn & Associates, Inc. proposal is accepted in an amount of $144,100.00; and BE IT FURTHER RESOLVED, that the Council does hereby authorize the Public Works Director to execute the Agreement for Professional Services in a form approved by the City Attorney's office. RESOLVED FURTHER that the Public Works Director of the City of San Rafael is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. 13 0 5 11.1 I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 7`h day of September, 2010, by the following vote, to wit: AYES: COUNCIL MEMBERS: Brockbank, Heller, Levine & Mayor Boro NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Connolly ESTHER C. BEIRNE, City Clerk File No. 01. 11.73 01.01.02.01 AGREEMENT FOR PROFESSIONAL SERVICES FOR VARIOUS PROJECTS This Agreement is made and entered into this 7`h day of September, 2010 by and between the CITY OF SAN RAFAEL [hereinafter "CITY"], and Kimley-Horn and Associates, Inc. (hereinafter "CONTRACTOR). RECITALS WHEREAS, the CITY has determined that certain specialized professional services are required for the Engineering staff support services on various projects (hereinafter "PROJECT"); and WHEREAS, the CONTRACTOR has offered to render such specialized professional services in connection with this Project. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. DEFINITIONS. Not Applicable 2. PROJECT COORDINATION A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The City Engineer 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. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR, Anush Nejad, 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. 3. DUTIES OF CONTRACTOR CONTRACTOR agrees to perform the services outlined in the proposal from CONTRACTOR dated September 2, 2010 marked Exhibit "A" attached hereto, and incorporated herein by this reference. CONTRACTOR agrees to be available and perform the work specified in this Agreement in the time frame as specified and as shown in Exhibit "A". 4. DUTIES OF THE CITY CITY shall perform the duties as described in Exhibit "A" attached hereto and incorporated herein. 5. 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 in accordance with the rates shown on the current fee schedule as described in Exhibit "A" attached and incorporated herein. The total payment made for any individual work task will not exceed the amounts shown on the Proposal Budget, set out in Exhibit "A". Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 6. TERM OF AGREEMENT The term of this Agreement shall be from the date of execution until the Project is complete. 7. 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 ten (10) 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 notice, to the reasonable satisfaction of the party giving such notice, within thirty (30) days of the receipt of said notice. 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. Agreement 9 2 8. 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. 9. 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 of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 10. 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. 11. INSURANCE A. During the term of this Agreement, CONTRACTOR, shall maintain, at no expense to CITY, the following insurance policies: 1. A comprehensive general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence 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 ($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 ($1,000,000) dollars to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. B. The insurance coverage required of the CONTRACTOR by Section 11. A., shall also meet the following requirements: 1. The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution; Agreement - 3 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury; 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, and employees as additionally named insureds under the policies; 4. CONTRACTOR shall provide to PROJECT MANAGER, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents and employees, as additional insureds under the policies; 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to CITY's PROJECT MANAGER; 6. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years; 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement; 8. The liability insurance provided to CITY by CONTRACTOR under this contract shall be primary and excess of any other insurance available to the CITY. 9. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the CITY's Attorney. C. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and the City Attorney. 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. Agreement • 4 12. INDEMNIFICATION (a) Except as provided in Paragraph (b), CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, and employees, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR's officers, agents and employees in the performance of their duties and obligations under this Agreement. (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 defined under Civil Code Section 2782.8, CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend and hold harmless CITY, its officers, and employees, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees, that arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement. 13. 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. 14. COMPLIANCE WITH ALL LAWS CONTRACTOR 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. 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, fines and all other consequences from any noncompliance or violation of any laws, ordinance, codes or regulations. 15. 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. Agreement • 5 16. 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 deerned 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: Parviz Mokhtari, (Project Manager) City of San Rafael 11 l Morphew Street P.O. Box 151560 San Rafael, CA 94915-1560 TO CONTRACTOR: Anush Nejad, F.E. Kiinley-Horn and Associates, Inc. 555 12th Street, Ste. 1230 Oakland, CA 94607 17. INDEPENDENT CONTRACTOR 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. 18. 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. Agreement - 6 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. 19. 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. 20. 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. 21. COSTS AND ATTORNEY'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. 22. 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 Number and Certification). Agreement - 7 23. 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 X kft r 4H"M JIK SCHUT = City Manager ATTEST: "'ez - yl.e,R e - ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM ROBERT F. EPSTEIN, City Attorney File No.: 01.01.02.01 KIMLEY-HORN AND ASSOCIATES, INC. B Title: VfcA- cp - Z-:7 - 2-Q (Z� KHACA 06 Agreement - 8 EM" KimleyHorn = ___ and Associates, Inc. gm.Y.i �X September 2, 2010 Mr. Nader Mansourian Assistant Public Works Director City of San Rafael 111 Morphew Street San Rafael, CA 94915-1560 RE: In-house Engineering Staff Support Services Dear Nader: Based on your request, Kimley-Horn and Associates, Inc. (Kimley-Hom) has prepared the following scope of services and estimated fees to provide in-house staff civil engineering design, construction management and field support services. SCOPE OF SERVICES Tasks 1 — 3: In-house Staff Civil Ensineerine Desien Suaaort Services Civil engineering design services will be performed by a licensed civil engineer (i.e. Hunter Young, License No. C76228) working at the City offices for three days per week, eight hours per day, to assist with the following projects: Task I - Completion of design for Bungalow Avenue Street Reconstruction project Task 2 - Design of Safe Pathways to School project on Woodland Avenue Task 3 - Design support during construction of the 60 Hillside Avenue Retaining Wall, Bungalow Avenue Street Reconstruction, and Woodland Avenue Safe Pathways to School projects Design services include preparation of plans, specifications, and estimates for use in bidding and constructing roadway improvements. Hunter Young will be supported by additional Kimley-Horn staff for development of design details and to complete up to one internal Quality Control and Assurances review for each design deliverable. I lunter Young will provide additional design services during construction for the projects described above. Hunter's services will include attendance at regular project meetings (up to 15 meetings), site visits (up to 15), reviewing contractor submittals for compliance with the plans, specifications and City, County, and State standards (up to 40) as well as responding to contractor requests for information (up to 15). The total number of meetings, site visits, submittal reviews and RFI responses is provided for budgetary purposes only. Construction design services will be provided on an hourly basis up to the total hours shown for Task 3. Hunter Young will provide engineering design services based on a $115/hour billing rate while all other Kimley-Horn staff will provide support services on a time and materials basis, based on Kimley-Horn's standard billing rate schedule (see attached), up to the maximum number of hours as indicated in the "level of effort" table provided below. Additional services will be provided if requested by the City, subject to additional fee. ■ TEL 510 625 0712 FAX 51062507`14 5551211 Street Suite 1230 Oakland, Calibmia 94607 EM" KitnleyHom I• _ and Associates, Inc. Mr. Nader Mansourian September 2, 2010 Page 2 of 4 "Task 4 - In-house Staff Eneineerine. Manaeemcnt and Field Sunaort Services Kimley-Hom will provide engineering, project management, construction management and field support services for miscellaneous projects as directed by the City. Anticipated services include the following: Engineering and project management services including: o peer reviews of engineering designs by others o development of design plans, details, specifications and estimates o attendance at project design meetings o preparation of documents for project development authorization by granting agencies o preparation of documents for authorization to construct by granting agencies Construction project management including: o answering questions during the advertisement period, o coordinating and issuing addendums on the City's behalf, o processing bid results, o preparing staff reports, council reports and contract documents, o arranging pre -construction and regular construction meetings, o processing contractor submittals and requests for information on the City's behalf, including sending materials to the design engineer for review o submitting status reports and grant compliance documents on the City's behalf to granting agencies including Caltrans and MTC Construction field support services including: o preparing daily action logs o monthly quantity verification for progress payments for City's approval, o reviewing change order requests and make recommendations for City's approval, o checking work for adherence to the plans and specifications, o checking traffic control devices and storm water best management practices (BMPs) arc in place and operational for City's approval Kimley-Horn will provide in-house staff engineering, project management, construction management and field support services on a time and materials basis with available staff using the billing rates provided on the attached Schedule of Billing Rates up to the maximum dollar amount indicated for on the "level of effort" table below. Kimley-Horn has a variety of staff available in our Oakland office to provide in-house engineering, construction management and field support services including staff with classifications of Analyst III (billing rate of $105/hour), Engineer/Planner If (billing rate of $135/hour), and Engineer/Planner IV (billing rate of $160/hour). Individual staff assigned to each project will be negotiated with the City in advance of starting work. Kimley-Horn reserves the right to change staff assigned to projects and will notify the City in writing prior to making any staffing changes. Additional services will be provided if requested by the City, subject to additional fee. Anush Nejad will serve as principal -in - charge for this project. Wey-Horn C=1 and Associates,Inc. Mr. Nader Mansourian September 2, 2010 Page 3 of 4 The following table is our estimated level of effort and fee of this work. I Engineer Engineer Task V IV I young [Admin. l I J Task 1 - Bungalow Avenue Design Services Complete Construction Plans I 50 Construction Plans QA/QC 5 Complete Specifications 20 Complete Cost Estimate 8 Project Account 2 Task 2 - Woodland Avenue Safe Pathways Design Services Prepare Concept Plans and Estimate 5 10 Prepare Construction Plans 20 Construction Plans QA/QC 10 Prepare Specifications Prepare Cost Estimate Project Account Task 3 - Construction Support Services Attend Regular Construction Meetings [Up to 15] Site Visits [Up to 15] Review Contractor Submittals [Up to 40] Review Contractor Requests for Information [Up to 15] Project Account Total 36 108 20 8 2 30 30 40 8 30 r Total Hours 20 38 380 8 Rate $180 $160 $115 $90 Labor Fee $3,600 1 $6,080 I $43,700 I $720 Expenses (Telephone, Fax, Mileage, Copies, Blueprints, etc) Task 4 — In House Staff Engineering, Management and Field Support Services for Miscellaneous Projects _ Total .� 446 $54,100 j� $0 $90,000 $144,100 C1 Kimley-Horn M, and Associates, Inc. Mr. Nader Mansourian September 2, 2010 Page 4 of 4 Kimley-Horn appreciates the opportunity to submit this proposal and looks forward to continuing to work with the City. Fees and times stated in this letter are valid for sixty (60) days after the date of this letter. Please sign below and return one copy for our file. If you have any questions or need additional information, please do not hesitate to call me at 510-625-0712. Sincerely yours, KIMLEY--HORN A ND ASSOCIATES, INC- r� Anush Nejad, PZ E. Vice President cc: Project Folder dtb ACCEPTED: Liz Title Date Kirnlev-Horn and Associates, Inc. Schedule of Billing Rates (1310) (Effective August 01, 2010) Classification Hourly Rates Analyst 1* $95.00 Analyst 11 $100.00 Analyst II I • $105.00 Analyst IV $110.00 Analyst V $120.00 Engineer/Planner 1 $130.00 Engineer/Planner 11 $135.00 Engineer/Planner 111 $160.00 Engineer/Planner IV $160.00 Engineer/Planner V $180.00 Senior Engineer/Planner 1 $195.00 Senior Engineer/Planner 11 $210.00 Senior Engineer/Planner 111 $225.00 Senior Engineer/Planner IV $240.00 Senior Engineer/Planner V $260.00 CADD Operator* $100.00 Senior CADD Operator* $110.00 Designer $120.00 Administrative Support 1* $70.00 Administrative Support Il* $75.00 Administrative Support 111 $80.00 Administrative Support IV $90.00 Administrative Support V $110.00 Accounting Support 1 $105.00 Accounting Support 11 $115.00 Accounting Support III $126.00 *Overtime work is charged at 1.5 times the normal billing rate for non-exempt staff.