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