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HomeMy WebLinkAboutCC Resolution 11850 (Design Signal Impr.; Kimley-Horn)RESOLUTION NO. 11850 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ENTER INTO AN AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. TO DESIGN SIGNAL IMPROVEMENTS FOR THE INTERSECTIONS OF FIFTH AVENUE AND LINCOLN AVENUE, AND FIFTH AVENUE AND IRWIN STREET, IN AN AMOUNT NOT TO EXCEED $16,445 WHEREAS, after routine traffic monitoring and review of signal system and operation, it is recommended that above intersections be improved based on traffic engineering studies and professional judgment; and WHEREAS, the design will include intersection modification to accommodate projected traffic volume and patterns, and safety; and WHEREAS, the project cost for design be allocated from the City's Miscellaneous Traffic Signal Improvement funds; and WHEREAS, staff received a proposal from Kimley-Horn and Associates Inc. for professional traffic and civil engineering services for the project. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael that the Scope of Services for Kimley-Horn and Associates, Inc. is accepted. BE IT FURTHER RESOLVED that the Council does hereby authorize the Public Works Director to enter into a Professional Services Agreement with Kimley- Horn and Associates, Inc for professional engineering services in a form approved by the City Attorney and in an amount not to exceed $16,445 for professional services listed in "Exhibit A" SIU UIAL 60 ti I, JEANNE. M. LEONCINI, 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 on the 7"' day of November, 2005, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Miller, Phillips and Vice -Mayor Heller NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro JE NE M. LEONCINI, City Clerk File No.: 18.01.67 AGREEMENT FOR PROFESSIONAL SERVICES FOR TRAFFIC SIGNAL IMPROVEMENTS ON FIFTH AVENUE AND LINCOLN AVENUE AND FIFTH AVENUE AND IRWIN STREET This Agreement is made and entered into this 7`' day of November 2005, 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 traffic and civil engineering consulting services are required to design and prepare plans and specifications for the Fifth Avenue and Lincoln Avenue and Fifth Avenue and Irwin Street Intersection Modifications (hereinafter "PROJECT"); and WHEREAS, the CONTRACTOR has offered to render certain specialized professional services in connection with this Project; and WHEREAS, this Agreement is to replace, null and void the previous Agreement executed on August 9, 2004 for the amount of $7,500. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. DEFINITIONS. 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 shall perform the duties and/or provide services as follows; the CONTRACTOR agrees to provide professional services as a Traffic and Civil Engineering Consultant to prepare plans associated with the Fifth Avenue and Lincoln Avenue and Fifth Avenue and Irwin Street intersection modifications, as outlined in the revised Proposal from CONTRACTOR dated October 17, 2005, marked Exhibit "A", attached hereto, and incorporated herein by this reference. 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. is complete. 6. TERM OF AGREEMENT The term of this Agreement shall be from the date of execution until the Project 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 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 notice, to the reasonable satisfaction of the party giving such notice, within fifteen (15) 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. Agreement • 2 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. 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: Agreement • 3 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; 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractural 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 insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City 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. 12. INDEMNIFICATION 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 Agreement • 4 omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR's officers, agents and employees in the performance of their 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. 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 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: Mr. Andrew J. Preston, (Project Manager) City of San Rafael 111 Morphew Street P.O. Box 151560 San Rafael, CA 94915-1560 TO CONTRACTOR: Mr. Anush A. Nej ad, P.E. Kimley-Horn and Associates Inc. 555 12`h Street, Suite 1230 Oakland, CA 94607 Agreement • 5 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. 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 Agreement • 6 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. CONTRACTOR's taxpayer identification number is 56-0885615, and CONTRACTOR certifies under penalty of perjury that said taxpayer identification number is correct. 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 City Manaa U Andrew J. Preston Director of Public Works ATTEST: City Clerk CONTRACTOR KIMLEY-HO SOS, INC. By: Anush Nejad Title: Vice President City Attgfney� �� IV Agreement • 7 € Kimley-Horn and Associates, Inc. October 17, 2005 Mr. Nader Mansourian, P.E. City Traffic Engineer City of San Rafael 111 Morphew St. San Rafael, CA 94915-1560 EXHIBIT ffl Suite 1230 55512th Street Oakland, California 94607 RE: Revised Proposal for Professional Engineering Services for Intersection Modifications at Fifth and Irwin and Fifth and Lincoln Dear Nader: Kimley-Horn and Associates, Inc. is pleased to submit this attached revised proposal for signal and intersection modifications at Fifth/Irwin and Fifth/Lincoln. This revised proposal is based on subsequent field review and determination of the extent of improvements at these intersections. The proposed design services will include preparation of plans, specifications and estimates for installation of new signal mast arms, conduit, controller cabinet modification, service upgrades, pedestrian signal heads, installation of curb ramps at intersections and other improvements, based on field review with City of San Rafael staff. The enclosed Scope of Services presents our detailed scope of work, proposed schedule, and fee estimate. We look forward to working with you on this project. If you have any questions, please do not hesitate to call me at (510) 625-0712. Very truly yours, IKUPILEY- O AN OC .$ INC. Anush A. Ne'Iad P.E. Project Manager Enclosure: Proposal for Design Services F1 TEL 510 625 0712 FAX 510 625 0714 PPP- I= Kimley-Horn ggittl IN and Associates, Inc. Page 2 PROJECT UNDERSTANDING The project will entail complete signal upgrade at the intersections of Fifth at Irwin and Fifth at Lincoln. Improvements will include, but not limited to, signal poles, signal heads, pedestrian push button, pedestrian heads, conduit, curb ramps, controller cabinets, service cabinets and other improvement necessary for intersection upgrades. Task 1 — Field Review/Data Collection Kimley-Horn will conduct additional field review to collect necessary information for project design. Kimley-Horn will prepare a photo -log of the project area; collect as -built drawings and utility information; and contact the utility companies to obtain utility information. Task 2 — Prepare 50% Plans, Specifications and Estimates KIIA will prepare concept plans to show the proposed improvements. We will show the location of the signal poles, cabinet locations, conduits, and curb ramps. Estimates of probable costs will be developed. Specifications will be prepared for the project, based on City provided boilerplate specifications. Plans will be submitted to the City and Utility companies. Deliverable: ■ Six (6) sets of Plans, Specifications and Estimate of Probable Cost Task 3 — Prepare 75% Plans and Estimates Based on the 50% comments from the City and utility companies, Kimley-Horn will prepare the 95% PS&E package. The final package will be submitted to the City for final review. Deliverable: ■ Three (3) sets of Plans, Specifications and Estimate of Probable Cost Task 4 — Prepare 100% Plans and Estimates Based on the 75% comments from the City, Kimley-Horn will prepare the 100% ME package. The final package will be submitted to the City. Deliverable: Final Plans in Mylar Format Final Specifications and Estimates of Probable Cost in Hardcopy Format Final Plans, Specification and Estimates in electronic formats 00�--[Mrj Kimley-Horn Page 3 UN and Associates, Inc. Task 5 — Bidding and Construction Support Services Kimley-Horn will provide support to the City during the bidding and construction phases of the project. Services may include: ■ Respond to RFI during bidding phase ■ Issuing Addenda ■ Review of submittals ■ Respond to RFI during construction phase Deliverable: ■ Construction Support Services SCHEDULE KHA is prepared to begin work immediately upon receipt of the notice to proceed (NTP), and we will endeavor to meet your scheduling needs. Highlights of a proposed schedule for the project are as follows: Deliverable Submit 50% PS&E Submit 75% PS&E Submit 100% PS&E STAFFING Time 4 weeks from NTP 2 weeks from receipt of comments 2 weeks from receipt of comments Kimley-Horn will assign Ms. Sue -Ellen Katz as the Project Engineer for this project. Steve Chan will provide Quality Control, and Anush Nejad will serve as the Project Manager. FEE PROPOSAL Kimley-Horn will provide the services outlined in the scope of services on a time and materials basis for a not to exceed amount of $16,500. The attached table shows the estimated level of effort by each task. Services beyond the estimated hours will be provided as additional services, after authorization from the City. The proposed fee is based on the assumption that the City of San Rafael will be responsible for bidding, advertisement and contract administration. Services other than those set forth in the Scope of Services shall constitute extra services. M Kimley-Horn Dhl . FAand Associates, Inc. Anani 4 40 24 8 2 78 $105 $8,190 Clerical 2 I 2 2 2 8 $78 $624 Total 10 44 28 14 22 118 $13,844 $851 $250 $1,500 $16,445 Page 4 Level of Effort Estimate Task Nejad Chan Task 1- Field Review/Data Collection 2 4 Task 2 - 50% PS&E 2 Task 3 - 75% PS&E 2 Task 4 - 100% PS&E 2 2 Task 5 - Bidding & Construction Support 2 16 Total Hours 6 26 Rate $210 $145 Labor Fee I $1,260 I $3,770 In -House Expenses (Telephone, Fax, Mileage, Copies, Computer, etc) Direct Expenses (Blueprints, etc) Computer and Plotting Expenses Total Anani 4 40 24 8 2 78 $105 $8,190 Clerical 2 I 2 2 2 8 $78 $624 Total 10 44 28 14 22 118 $13,844 $851 $250 $1,500 $16,445 Page 4