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Home My WebLink AboutPW Third Street Safety Improvements Project Engineering Services; First AmendmentDocuSign Envelope ID: 4CF94618-A06E-43D7-AA96-EEFIDDC1A391 FIRST AMENDMENT TO THE FEDERAL PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR THIRD STREET SAFETY IMPROVEMENTS PROJECT THIS FIRST AMENDMENT to the Federal Professional Services Agreement by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and KIMLEY-HORN AND ASSOCIATES, INC. (hereinafter "CONSULTANT"), is made and entered into as of the day of 207 RECITALS WHEREAS, the CITY and CONSULTANT entered into a Federal Professional Services Agreement dated March 3, 2020 to perform professional services in connection with CITY'S Third Street Safety Improvements Project, for an amount not to exceed $280,000 (the "Agreement"); and WHEREAS, CITY requires additional professional services from the CONSULTANT, and the CONSULTANT is willing to provide such services. AMENDMENT TO AGREEMENT NOW, THEREFORE, the parties hereby agree to amend the Agreement as follows: I. Article III of the Agreement, entitled "STATEMENT OF WORK" is hereby amended to include the additional services set forth in CONSULTANT's proposal dated April 8, 2022, attached to this First Amendment as Exhibit A and incorporated herein by reference. 2. Article V of the Agreement, entitled "ALLOWABLE COSTS AND PAYMENTS" is hereby amended to include additional compensation payable to CONSULTANT for the services described in Exhibit A to this first Amendment, on a Time and Materials basis in accordance with Exhibit A, in a not -to -exceed amount of $40,000, and to change the total not -to -exceed amount under the Agreement to $320,000. 3. Except as specifically amended herein, all of the other provisions, terms and obligations of the Agreement between the parties shall remain valid and shall be in full force. I DocuSign Envelope ID: 4CF94618-A06E-43D7-AA96-EEF1DDC1A391 IN WITNESS WHEREOF, the parties have executed this First Amendment on the day, month, and year first above written. CITY OF SAN RAFAEL J[ S HUTZ, ity Manager J � ATTEST: A, V1.4-A,46en,.4. LINDSAY LAR -A,, City Clerk I" APPROVED AS TO FORM: bv�—OBERT F. EPSTEIN, Attorney 0a CONSULTANT docuSigaed by: B :�60,si kwab(A Lu� y �8I38EC4E287cd1�_ — Kwasi Akwabi-Ameyaw Name: Title: vice President [If Contractor is a corporation, add signature of second corporate officer] dncu5ignod by: 4q.t; By: Name: Kevin Aguigui Title: vice President Kimley >>Horn April 8, 2022 (by email) Mr. Shawn Graf City of San Rafael Public Works 111 Morphew St, San Rafael, CA 94901 (415) 458-5347 shawn.graf@cityofsanrafael.org RE: 3'd Street Safety Improvements — Construction Support Services Dear Shawn: As requested, attached is our scope and fee to provide construction support services during the construction of the 3`d Street Safety Improvements project. We understand that the 3rd Street Safety Improvements will be constructed in conjunction with the 3'd Street Rehabilitation project, and thus we have assumed that our services would include coordination with that project. If you have any questions, please do not hesitate to call me at (510) 350-0217, or Tanya Welch at (510) 350-0235. We look forward to continuing to work with you and the City on this important project. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Kevin G. Aguigui, P.E. Senior Project Manager/Vice President Exhibit A Kimley>>)Horn Project Understanding The V Street Safety Improvement project is now moving into the construction phase. As construction of the project moves forward, the City may have the need for support services by Kimley-Horn. The Scope of Work outlines some of the anticipated services that may be needed. Scope of Work Task 1: Construction Support Services Kimley-Horn will provide support during the construction phase of this project on an as -needed basis. This support shall include, but not be limited to, attendance at meetings, responding to RFIs to provide clarification of design intent, review of contractor submittals, and other coordination services. Kimley-Horn will review relevant submittals from the Contactor including equipment and infrastructure cut sheets, fiber optic test plans and results for adherence to the contract specifications, construction staging/traffic control plans, and other applicable submittals as requested by the City. The equipment and infrastructure submittals includes, but is not limited to, traffic signal and streetlight poles and mast arms, sign head assemblies, luminaires, signal cabinet equipment, pull boxes, conduits, cables/conductors, field communications equipment, fiber equipment, fiber optic cable, fiber optic test results and other related testing that is identified in the contract plans and specifications. Kimley-Horn will attend office and field meetings with the City and/or the City's CM consultant to discuss any construction issues. As needed, Kimley-Horn will review up to two Contract Change Orders (CCO) for design changes as part of this scope. Kimley-Horn will also provide support services as needed to coordinate with the Yd Street Rehabilitation project. Kimley-Horn shall have no responsibility for any contractor's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall Kimley-Horn have any authority or responsibility to stop or direct the work of any contractor. Any field visits by Kimley-Horn staff will be for the purpose of endeavoring to provide the City a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents prepared by Kimley-Horn. Kimley-Horn neither guarantees the performance of contractors, nor assumes responsibility for any contractor's failure to perform its work in accordance with the contract documents. Deliverables: • Responses to Requests for Information from Contractor • Review of equipment cut sheets • Review of fiber optic test results • Contract Change Order (up to two) 1I?age Kimley)))Horn Task 2: Record Drawings Kimley-Horn will prepare "Record Drawings" based on redlined plans to be provided by the City and/or Contractor. Kimley-Horn will submit the "Record Drawings" to the City on reproducible mylar or vellum and provide the project drawings in AutoCAD format acceptable to the City. Deliverables: Record Drawings Updated traffic signal plans and schedules (AutoCAD) Schedule Kimley-Horn will provide services as requested by the City upon receipt of the notice to proceed (NTP). Fee Kimley-Horn will provide construction support services on a time and materials basis subject to a not -to - exceed fee of $40,000, which includes all administrative fees and direct expenses. If necessary, we will seek City approval to allocate additional budget should the services requested result in exceeding the not -to - exceed fee. Direct expenses include outside reproduction, overnight delivery services, and plotter printouts. 2 1 P a g_ YV ITH p CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Ashley Dohrmann Extension: 3352 Contractor Name: Kimley-Horn Contractor's Contact: Kevin Aguigui Contact's Email: Kevin.Aguigui@kimley-horn.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT a. Email PINS Introductory Notice to Contractor DATE Check/Initial 1 Project Manager Click 'here to ❑ enter a date. b. Email contract (in Word) and attachments to City 4/13/2022 Attorney c/o Laraine.Gittens@cityofsanrafael.org ®AD 2 City Attorney a. Review, revise, and comment on draft agreement 4/13/2022 ® LG and return to Project Manager 4/13/2022 ® LG b. Confirm insurance requirements, create Job on Department Director PINS, send PINS insurance notice to contractor Approval of final agreement form to send to t4/13/2022 3 ® BG contractor Forward three (3) originals of final agreement to 4/13/2022 4 Project Manager Q contractor for their signature 5 Project Manager When necessary, contractor -signed agreement ❑ N/A agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 4/18/2022 Date of City Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City 4/28/2022 AD Attorney with printed copy of this routing form City Attorney Review and approve hard copy of signed 7 L) agreement City Attorney Review and approve insurance in PINS , and bonds a9 8 (for Public Works Contracts) 9 City Manager/ Mayor Agreement executed by City Council authorized official 10 City Clerk Attest signatures, retains original agreement andr forwards copies to Project Manager d� ��