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HomeMy WebLinkAboutCC Resolution 10696 (North San Pedro Rd Improvement Proj)RESOLUTION NO. 10696 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING A PROPOSAL FROM KIMLEY-HORN AND ASSOCIATES, INC. TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE "NORTH SAN PEDRO ROAD/CIVIC CENTER DRIVE IMPROVEMENT PROJECT", IN AN AMOUNT NOT TO EXCEED $82,455, AND AUTHORIZING THE MAYOR, TO EXECUTE THE AGREEMENT. BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, the intersection of North San Pedro Road and Civic Center Drive has experienced capacity problems over the last several years, especially during the am and pm peak hours; WHEREAS, this situation continues to get worse with the increase in activities in the surrounding area; WHEREAS, both geometric and traffic signal improvements need to be made at the intersection, which includes dual left turn lanes onto Civic Center from North San Pedro, lane reconfigurations and replacement of all traffic signals and the controller; WHEREAS, the estimated cost of the project is around $1 million; WHEREAS, staff has determined that professional consulting services are required to provide the final design for this Project; and WHEREAS, Kimley-Horn and Associates, Inc., has furnished a proposal for professional services to design this Project in an amount not to exceed $82,455.00. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael that the proposal for Professional Engineering Services by Kimley-Horn and Associates, Inc. is accepted, and; BE IT FURTHER RESOLVED that the Council hereby authorize the Mayor to 6�b execute a Professional Services Agreement with Kimley-Horn and Associates, Inc. in a form approved by the City Attorney. 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 21 st day of August, 2000, by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen JEAN E -I. LEON YNI, City Clerk File No.: 16.01.205 AGREEMENT FOR PROFESSIONAL SERVICES FOR NORTH SAN PEDRO ROAD AND CIVIC CENTER DRIVE IMPROVEMENT PROJECT This Agreement is made and entered into this 21st day of August, 2000, 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 civil engineering consulting services are required to design and prepare plans and specifications for the NORTH SAN PEDRO ROAD AND CIVIC CENTER DRIVE IMPROVEMENT PROJECT (hereinafter "PROJECT"); and WHEREAS, the CONTRACTOR has offered to render certain specialized professional services in connection with this Project. 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. Jim West 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 an Engineering Consultant to prepare civil and traffic improvement plans, specifications, and estimates associated with the improvements of N. San Pedro Road and Civic Center Drive Intersection, including, but not limited to, roadway widening, curb relocation, utility relocation, traffic signal reconstruction, and surveying, as outlined in the Proposal from CONTRACTOR dated July 31, 2000, marked Exhibit "A", attached hereto, and incorporated herein by this reference. The 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. 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 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 • 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, provided however, that CITY indemnifies CONTRACTOR from and against all liability for any such reuse without the written consent of CONTRACTOR. 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. ASSIGNABILTY 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: 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: 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 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, judgement, loss, liability or expense of any kind, including attorney's fees, to the extent 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. Agreement • 4 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. David M. Bernardi, (Project Manager) City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 TO CONTRACTOR: Mr. Jim West (Project Manager) 5776 Stoneridge Mall Road, Suite 260 Pleasanton, CA 94588 Agreement • 5 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 56-088-5615, 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 Mayor ALBERT J(/B RO APPROVED AS TO CONTENT: Director of Public Works DAV I D M. BERNARD I G ATTEST: Cityqle-'rk JEANNE M. LEONCINI CONTRACTOR Kimley-Horn and¢-gsociates, Inc. B. Y' Title: r;c APPROVED . 1'!G City Attorney Agreement • 7 ❑ � ❑ Kimley-Horn and Associates, Inc. 31 July, 2000 Mr. David M. Bernardi Director, Department of Public Works City of San Rafael P.O. Box 151560 1400 Fifth Avenue San Rafael, CA 94915-1560 5Xps Ir id, " ■ suite 260 5776 Stoneridge Mall Road Pleasanton, California 94586 RE: Proposal for Professional Engineering Services for the San Pedro Road and Civic Center Drive Improvement Project Dear Mr. Bernardi: Kimley-Horn and Associates, Inc. is pleased to submit this proposal to the City of San Rafael to provide professional engineering services for the San Pedro Road and Civic Center Drive Improvement Project. PROJECT UNDERSTANDING The proposed project includes improvements identified by the City and County of Marin as a part of a traffic signal reconstruction and roadway improvement project. The following are the proposed traffic signal and geometric and roadway modifications associated with this project: 1. Complete reconstruction of the traffic signal at the intersection of San Pedro Road and Civic Center Drive. 2. Modification of eastbound San Pedro Road to accommodate dual left turn lanes into northbound Civic Center Drive. 3. Extension of the two westbound through lanes on San Pedro Road (into county jurisdiction). 4. Evaluation of the vertical curve for eastbound San Pedro Road (near the northbound 101 ramps). 5. Modification of the internal circulation within the Civic Center in the vicinity of the intersection of San Pedro Road and Civic Center Drive. 6. Evaluation of the traffic circulation in and around the area of the Marin County Civic Center. (N. San Pedro Road to South Memorial (fountain)). 7. Extension of one eastbound North San Pedro Road left turn lane back to the freeway off ramp (as specified by City). ■ TEL 925 463 5640 FAX 925 463 5641 /'/ ®� Kimley-Horn _ and Associates, Inc. Mr. David M. Bernardi 31 July 2000 Page 2 8. Resurfacing pavement in the entire project area. 9. Modification of the westbound North San Pedro Road right turn lane onto Civic Center Drive. 10. Modification of the islands and wheelchair ramps at intersections. 11. Relocation of approximately 350 feet of curb, gutter, and sidewalk on southbound North San Pedro Road, between the Highway 101 off ramp and Civic Center intersection. 12. Design the intersection to operate with Autoscope video detection equipment that can also function during the phase construction process. The design will also include a video feed back to the City Traffic Engineer's office. SCOPE OF SERVICES Kimley-Horn will prepare Contract Documents (plans, specifications and estimates of probable cost) for the identified project. One bid package will be prepared. The bid package will be prepared in English Units in the City of San Rafael format. Kimley-Horn will coordinate with the City, County of Marin, Caltrans, and utility companies through the duration of the project under the City's direction. Based on our understanding of the project issues concerning public input, we have developed an expanded scope of services to address the issues that will be important to this project. Task 1 — Field Review Kimley-Horn will conduct a field review of the project area to collect necessary information for project design. Kimley-Horn will prepare a photo -log of the project area; collect as -built drawings, right-of-way maps, and utility information; and contact utility companies to obtain utility information in the project area. Deliverable: ➢ Utility Coordination Letters ➢ Photo -Log in electronic format Task 2 - Project Design Report Kimley-Horn will meet with the City to review design standards for the project. The following PPP" ® Kimley-Horn Mr. David M. Bernardi ® and Associates, Inc. 31 July 2000 Page 3 issues will be discussed: 1. Geometric design standards 2. Photometric design standards 3. Roadway design and detail requirements Kimley-Horn will prepare a Technical Report -summarizing the design requirements that will become the basis for the project design. Other project design issues will be also reviewed and appropriate recommendations will be presented in the report. Deliverable: ➢ Six copies of the Project Design Report Task 3 — Topographic Surveying Topographic survey and the base mapping for the project will be provided by Mountain Pacific Surveys. Mountain Pacific Surveys will initially provide aerial mapping for project design. Once the area of project design is established, Mountain Pacific surveys will conduct additional topographic survey to complete the base plans. Ground control will be established using existing record map monumentation and existing City (Towill, Inc.) ground control. Survey datum will use horizontal control HPGN 83 and vertical control NGVD 29. Other elements to be included on the base maps include: • Underground utilities • Storm drains and sewer with rim and invert elevations • Property lines from parcel maps • Baselines for construction layout We have included an optional right of way engineering task for the project, if required. Task 4 — Prepare Concept Plans (35% Design) Kimley-Horn will prepare the concept plans (35 %) design level, and estimates of probable cost. The Plans and Estimates will be prepared and will be submitted to the City for review and approval. Deliverable: ➢ Six sets of the Concept Plans Task 5 — Meet with the City and County Kimley-Horn will meet with the City and County to receive input on the conceptual plans. This ®Kimley-Horn hhh.- = F1 and Associates, Inc. Mr. David M. Bernardi 31 July 2000 Page 4 meeting will serve to expedite the review process. Kimley-Horn will prepare the meeting agenda, chair the meeting, take and distribute meeting minutes for review. City will provide one set of non -conflicting comments to Kimley-Horn. Task 6 — Traffic Analysis Report Kimley-Horn will prepare a traffic analysis report for the approved concept plan. The traffic report will evaluate the traffic operations at the intersection of San Pedro Road and Civic Center Drive circulation and in and around the area of the Marin County Civic Center adjacent to the intersection. Deliverable: Six copies of the Traffic Analysis Report Task 7 — Project Exhibits Based on the City and County's comments, Kimley-Horn will revise the concept plans and prepare Exhibit Drawings for public presentation. Deliverable: ➢ Exhibits for Public Presentation Task 8 — Public Meetings Kimley-Horn will attend and assist the City and County at a public meeting to present the project concept and to receive input. Kimley-Horn will take meeting minutes and distribute minutes for review. If necessary, Kimley-Horn can also present the concept report to the City Council and to the Board of Supervisors. This service is optional and will be provided if requested. Task 9 — Meet with the City and County Kimley-Horn will meet with the City and County to receive input on the comments received from the public and the City Council/Board of Supervisors. Kimley-Horn will prepare the meeting agenda, chair the meeting, take and distribute meeting minutes for review. Task 10 — Prepare 65% PS&E Kinley-Horn will prepare plans, specifications and estimates of probable costs for the project. We envision the following deliverables for the project: 1. Title sheet (1 sheet) 2. Standard Plan Sheets (2 sheets) PPP'- Kimley-Horn 111111111b, and Associates, Inc. 3. Project Notes (1 sheet) 4. Utility Sheets (2 sheets) 5. Civil Layout Plan (3 sheets) 6. Demolition Plan (1 sheet) 7. Signal Installation Plans (2 sheets) 8. Paving Plan (1 sheet) 9. Striping, Signing, and Marking Plans (2 sheets) 10. Construction Staging Plan (1 sheet) 11. Traffic Control Plan for each Phase (2 sheets) 12. Details (2 sheets) 13. Technical Provisions 14. Estimates of Probable Cost Mr. David M. Bernardi 31 July 2000 Page 5 The City of San Rafael will provide the boilerplate specifications in electronic format. The preliminary PS&E (65 % Design Level) will be submitted to the City, County and utility companies. In addition, Kimley-Horn will identify areas of conflict between proposed work and utilities. Where possible the design will avoid the conflicts. Kimley-Horn will also prepare draft letters for signature by the City for pot holing by utility companies and to relocate utilities. If utility relocation or other services not specified is required as a result of the project development requirements, these services will be provided as optional service and will only proceed after authorization from the City. Deliverable: ➢ Ten sets of the PS&E package (including utility companies) Task 11 — Meet with the City and County Kimley-Horn will meet with the City and County to receive comments and to expedite the review process. Kimley-Horn will prepare the meeting agenda, chair the meeting, take and distribute meeting minutes for review. City will provide one set of non -conflicting comments to Kimley-Horn. Task 12 — Prepare 95% PS&E Based on the comments received from the City and County, Kimley-Horn will advance the PS&E to 95 % level. The pre -final PS&E package will be sent to the City for review and approval. Deliverable: ➢ Six sets of the PS&E C® Kimley-Horn Mr. David M. Bernardi and Associates, Inc. 31 July 2000 Page 6 Task 13 — Prepare 100% PS&E Based on the 95% PS&E package, Kimley-Horn will prepare the 100% PS&E package. The final PS&E package will be submitted to the City. We envision the following submittals: Deliverables: ➢ Final Plans in Mylar Format ➢ Final Specifications and Technical Provisions in Electronic and Hardcopy Formats ➢ Final Estimate of Probable Cost in Hardcopy Format The plans will be also submitted in AutoCAD format. The Specification and Technical Provisions in Word or WordPerfect formats. Task 14 - Bidding and Construction Support Services Kimley-Horn will assist the City of San Rafael during the bidding and construction phase of the project. Typical services include: ➢ Answering questions during bidding phase ➢ Preparing addenda for the City to issue ➢ Responding to Request for Information (RFI) ➢ Field review meeting to resolve design issues Services for this task will be provided on time and materials basis, limited to the hours presented in the level of effort table. Services beyond the estimated hours will be provided as additional services, after authorization from the City. Task 15 — Meetings with City Council and Board of Supervisors Kimley-Horn will participate in up to two meetings with the City Council or Board of Supervisors to discuss the design and traffic issues of the project. SCHEDULE Kimley-Horn is prepared to begin work immediately upon receipt of the notice to proceed, and we will endeavor to meet your scheduling needs. Based on a notice to proceed date of August 22, the following is the estimated submittal dates: ➢ Conceptual Plans (35 %): September 22, 2000 ➢ 65% PS&E: October 27, 2000 ➢ 95 % PS&E: November 22, 2000 ➢ 100% PS&E: December 21, 2000 PPP" Kimley-Horn 111111111h.— and Associates, Inc. Mr. David M. Bernardi 31 July 2000 Page 7 The Schedule is dependent on City, utility companies and County review periods. The goal of the City is to complete the project by April of 2001. FEE PROPOSAL Kimley-Horn will provide the services outlined in the scope of services on a time and materials basis. Table 1 is the estimate level of effort for the project based on the scope of services outlined herein. The services will be invoiced and payable monthly in accordance with our standard billing rates. Table 1 City of San Rafael - San Pedro Road at Civic Center Drive Intersection Improvements Level of Effort Task I Neiad West Moss Analyst Clerical Task 1 - Field Review 8 2 Task 2 - Project Design Report 2 4 12 4 Task 3 - Topographic Survey 2 2 Task 4 - Prepare Concept Plans 4 4 40 16 2 Task 5 - Meet with City & County 4 4 2 Task 6 - Traffic Analysis Report 2 8 16 2 Task 6 - Prepare Project Exhibits 2 4 16 16 4 Task 7 - Public Meeting 4 4 2 Task 8 - Meet with City & County 4 4 4 Task 9 - 65% PS&E 4 4 16 50 8 Task 10 - Meet with City 4 4 2 Task 11 - 95% PS&E 2 4 16 50 8 Task 12 - 100% PS&E 2 4 8 8 8 Task 13 - Bidding & Construction Assistance 4 24 2 Task 14 - Meet w/ Council & Board of Super. 2 8 8 4 Total Hours I 40 I 64 154 164 56 Rate 165 135 105 95 68 Labor Fee $6,600 I $8,640 I $16,170 I $15,5801 $3,808 In -House Expenses (Telephone, Fax, Mileage, Copies, Computer, etc) Direct Expenses (Blueprints, etc) Surveying and Aerial Mapping Sub Total Design Contingency (15%) Grand Total Optional Right of Way Engineering (one parcel) Total 10 18 4 62 10 30 38 6 12 78 6 76 26 30 22 $50,798 $4,452 $1,450 $15,000 $71,700 $10,755 $82,455 $4,500 Kimley-Horn and Associates, Inc. Mr. David M. Bernardi 31 July 2000 Page 8 CLOSURE Kimley-Horn and Associates, Inc. appreciates' the opportunity to submit this proposal to the City of San Rafael. We look forward to working with you on this project. If you have any questions, please do not hesitate to call me at (925) 463-5640. Sincerely yours, KIMLEY-HORN AND ASSOCIATES, INC. 1 Jim West Project Manager CC: Anush Nejad, Area Manager