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HomeMy WebLinkAboutPW Final Design of Grand Avenue Cycle Track Between 2nd and 4th StreetDocuSign Envelope ID: F841056D-4B7B-4FD9-A545-9EA8D9F5E389 AGREEMENT FOR PROFESSIONAL SERVICES FOR FINAL DESIGN OF THE GRAND AVENUE CYCLE TRACK BETWEEN 2ND AND 4TH STREET This Agreement is made and entered into this 2\ day of Se.p+tM1P1-V , 2017, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Kimley-Horn and Associates, Inc., a North Carolina Corporation (hereinafter "CONSULTANT"). RECITALS WHEREAS, the CITY has determined that professional services are required to complete the design of the Grand Avenue Cycle Track between 2n' and 4t' Street; and WHEREAS, the CONSULTANT has agreed to render such services. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: PROJECT COORDINATION. A. CITY'S Project Manager. Joanna Kwok 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. CONSULTANT'S Project Director. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Kevin Aguigui is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONSULTANT shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONSULTANT. CONSULTANT shall perform the duties and/or provide services as outlined in CONSULTANT's proposal, dated May 19, 2022, marked as Exhibit A, attached hereto and incorporated herein. DUTIES OF CITY. CITY shall cooperate with CONSULTANT in performance of its duties under this Agreement and shall pay the compensation as provided in Paragraph 4. DocuSign Envelope ID: F841056D-4B7B-4FD9-A545-9EA8D9F5E389 4. COMPENSATION. For the full performance of the services described herein by CONSULTANT, CITY shall pay CONSULTANT on an flat rate basis for services rendered in accordance with the rates described in Exhibit A, for a total amount not -to -exceed of $74,890. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONSULTANT. TERM OF AGREEMENT. The term of this Agreement shall be for one year commencing upon date of execution of this Agreement. Upon mutual agreement of the parties, and subject to the approval of the City Manager the term of this Agreement may be extended for an additional period of up to 90 days. 6. 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, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. 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 CONSULTANT and any and all of CONSULTANT'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. 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONSULTANT 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. 8. INSPECTION AND AUDIT. Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONSULTANT in connection with its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY or its agent in any such audit or inspection. Revised 1/29/2020 DocuSign Envelope ID: F841056D-4B7B-4FD9-A545-9EA8D9F5E389 9. 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. 10. INSURANCE. A. Scope of Coverage. During the term of this Agreement, CONSULTANT shall maintain, at no expense to CITY, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, 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 dollars ($1,000,000) 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 dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONSULTANT's performance of services under this Agreement. Where CONSULTANT is a professional not required to have a professional license, CITY reserves the right to require CONSULTANT to provide professional liability insurance pursuant to this section. 4. If it employs any person, CONSULTANT shall maintain workers' compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. CONSULTANT's workers' compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONSULTANT in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance or workers' compensation insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) under the policies. 2. The additional insured coverage under CONSULTANT'S insurance policies shall be "primary and noncontributory" with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CONSULTANT'S policies shall be at least as broad as Revised 1/29/2020 DocuSign Envelope ID: F841056D-4B7B-4FD9-A545-9EA8D9F5E389 ISO form CG20 0104 13, 3. Except for professional liability insurance or workers' compensation insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Agreement, CONSULTANT hereby grants to CITY a waiver of any right to subrogation which any insurer of CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. 5. Ifthe 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. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the CONSULTANT under this Agreement. C. Deductibles and SIR's. Any deductibles or self-insured retentions in CONSULTANT's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONSULTANT shall provide to the PROJECT MANAGER or CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement Revised 1/29/2020 DocuSign Envelope ID: F841056D-4676-4FD9-A545-9EA8D9F5E389 page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONSULTANT. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. 11. INDEMNIFICATION. A. Except as otherwise provided in subparagraph B of this section, CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONSULTANT'S performance of its obligations or conduct of its operations under this Agreement. The CONSULTANT's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONSULTANT's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONSULTANT's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONSULTANT's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT'S performance of or operations under this Agreement, CONSULTANT shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. B. Where the services to be provided by CONSULTANT 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, then, to the extent permitted by law including without limitation, Civil Code sections 2782, 2782.6 and 2782.8, CONSULTANT shall indemnify and hold harmless the CITY and its officers, officials, and employees (collectively City Indemnitees) from and against damages, liabilities or costs (including incidental damages, Court costs, reasonable attorney's fees as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in connection therewith and costs of investigation) to the extent they are caused by the negligence, recklessness, or willful misconduct of CONSULTANT, or any subconsultants, or subcontractor or anyone directly or indirectly employed by them, or anyone for whom they are legally liable (collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct of such City Indemnitee. C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period Revised 1/29/2020 DocuSign Envelope ID: F841056D-4B7B-4FD9-A545-9EA8D9F5E389 of time allowed by law. 12. NONDISCRIMINATION. CONSULTANT 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. 13. COMPLIANCE WITH ALL LAWS. CONSULTANT 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. CONSULTANT shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONSULTANT 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, ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES. CITY and CONSULTANT 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. 15. 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's Project Manager: Joanna Kwok City of San Rafael 111 Morphew Street San Rafael, CA 94901 TO CONSULTANT's Project Director: Kevin Aguigui 1300 Clay Street, Suite 325 Oakland, CA 94612 16. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONSULTANT and CITY expressly intend and agree that the status of CONSULTANT, its officers, agents and employees be that of an Independent Contractor and not Revised 1/29/2020 DocuSign Envelope ID: F841056D-4B7B-4FD9-A545-9EA8D9F5E389 that of an employee of CITY. 17. 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 CONSULTANT 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 CONSULTANT 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. 18. SET-OFF AGAINST DEBTS. CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT under this Agreement, any monies which CONSULTANT owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. 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 ofthis Agreement or any applicable law, ordinance or regulation. 20. 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. Revised 1/29/2020 DocuSign Envelope ID: F841056D-4B7B-4FD9-A545-9EA8D9F5E389 21. CITY BUSINESS LICENSE / OTHER TAXES. CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code, and CONSULTANT 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 CONSULTANT has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 22. SURVIVAL OF TERMS. Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled and shall apply to both Parties' respective successors and assigns. 23. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 24. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed by electronic signature and in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one document. Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission. Revised 1/29/2020 DocuSign Envelope ID: F841056D-4B7B-4FD9-A545-9EA8D9F5E389 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL J-1'� 4nr 1, JIM SCHUTZ, City Manager ATTEST: LINDSAY LARA, City Clerk APPROVED AS TO FORM: CONSULTANT DocuSlgned by: JNaSI Q�Wa—Qw� adA/ By;� (C73863) Name: Kwasi Akwabi - Ameyaw, P.E. Title: Vice President 0 [If CONSULTANT is a corporation, add signature of second corporate officer] DocuSigned by: By: � (C48732) Name: Kevin Aguigui, P.E. LTitle: Assist. Secretary ROBEIT F. EPSTEIN, City ttorney Revised 1/29/2020 DocuSign Envelope ID: F841056D-4B7B-4FD9-A545-9EA8D9F5E389 Exhibit A Kimley ,,)> Horn May 19, 2022 Lauren Davini, P.E. Senior Traffic Engineer Public Works Department City of San Rafael 111 Morphew Street, San Rafael, CA 94901 (via emain RE: Proposal for the design of the Grand Avenue Cycle Track between 2nd and 4th Street Dear Lauren: We are pleased to provide a Scope of Services and Fee proposal to provide engineering services to complete the design of the Grand Avenue Cycle Track between 2nd and 4th Street. Our Scope of Services follows our understanding of the work that is involved to prepare the final design and construction ready documents for a new two-way cycle track along the east side of Grand Ave between 2nd and 41h Street. PROJECT UNDERSTANDING This project consists of advancing the current conceptual design (35% design level) for the Grand Avenue Cycle Track, prepared by Kimley-Horn, to a construction ready design package. The project will shift the sidewalk along the east side of Grand Ave to make room for a new two-way cycle track connection between 2nd Street and 4th Street. Kimley-Horn will incorporate improvements being performed by the following known projects within the project limits into the project plans: • Stairwell and ADA ramp connectivity between the building and existing sidewalk for the development at the southeast corner at Grand Avenue and 4th Street. ■ Sidewalk and signal improvements at the intersection of Grand Avenue and 3rd Street as part of the City's 3rd Street Safety Improvements Project. Kimley-Horn will provide utility coordination and prepare the complete design package, which includes civil, striping, and electrical design. It is understood that the City will hire a contractor to construct the improvements based on one set of signed and sealed design documents. It is assumed any necessary public outreach for this project will be performed by others. ASSUMPTIONS The following are assumptions in developing the Scope of Work and Fee Estimate. m No additional topographic surveys are needed. ■ Lighting analyses are not included in this scope of work. ® Traffic signal timing and coordination is not included in this scope of work. DocuSign Envelope ID: F841056D-4B7B-4FD9-A545-9EA8D9F5E389 Kimley Morn Page 2 o Public outreach is not included in this scope of work. • Bidding and construction support are not included in this scope of work. o City will coordinate with PG&E on any required relocations of PG&E utilities. Kimley-Horn will provide technical support as part of that coordination process. + City will coordinate with all affected utility companies including reviewing and analyzing utility designs, contracts, and fees. Additional forms (e.g., local programs forms) are not needed, or will be handled by others. ® Traffic counts will be provided by others. o No new electrical services will be required. SCOPE OF SERVICES Task 1 — Project Management This task consists of the development and maintenance of the project schedule, work plan, filing system, and monthly invoices. We anticipate one initial kick-off meeting with the City to review the project goals, schedule, and deadlines. Kimley-Horn will prepare a meeting agenda for this meeting and submit summarized meeting minutes to the City within one week. Deliverables: Monthly Invoices Project Schedule and Updates a Kick-off Meeting Agenda and Notes Task 2 — Data Collection and Field Investigations Kimley-Horn will conduct a field review to verify the condition of existing visible equipment and infrastructure such as existing lane geometry and physical roadway features, curb ramps, driveways, utilities, streetlights, signage, vehicle detection, and traffic signal features. A cursory field review was conducted during the preparation of the concept design plans, and this field review will be more comprehensive. We have assumed the survey file provided by the City for the conceptual design will be adequate to advance the design to final construction documents and no additional survey will be needed. It is assumed that the City will be able to provide Kimley-Horn with record drawings/as-builts for existing City owned infrastructure and right-of-way within the project areas. This includes information for the existing equipment and conductor schedules for the intersections of Grand Avenue at 2nd Street and 4th Street. We will rely on the completeness and accuracy of the information provided by the City, and will field verify the information to the extent possible. In addition, it is assumed that the City will provide turning movement counts for the intersections of Grand Avenue at 2nd Street and 4'h Street. Task 3 — Utility Coordination Kimley-Horn will provide utility coordination services for the project as described in this section. This will include determining utility adjustment and relocation needs based on the design. Our team will attempt to work around utility impacts and adjust utilities to grade at the cost of the owner as much as possible. DocuSign Envelope ID: F841056D-4B7B-4FD9-A545-9EA8D9F5E389 Kimley >> Horn Page 3 Using a current utility contact list provided by the City, Kimley-Horn will submit utility request letters to utility companies with potential facilities in the project vicinity. We anticipate obtaining utility records from PG&E, Comcast, AT&T, Verizon, Marin Municipal Water District, Sanitary Sewer, and other utility companies known by the City to have facilities within City limits. We will draft the utility request letters for the City to be placed on City letterhead and submitted to the utility company. Kimley-Horn will track dates for when letters are submitted and data is received from all utility companies. Relevant information will be documented in AutoCAD as the utility data is received. It is assumed there will be no impacts to the existing electrical service used for the intersections and street lights, and that no new electrical service will be required. Deliverables: ® Copies of Utility Notice Letters o Updated Utility Matrix Task 4 — Detailed Design This task consists of the preparation of the 65%, 95%, 100% and Final (construction ready) designs. Task 4.1 — 65% PS&E Kimley-Horn will start with the conceptual design and utilize the data collected in Tasks 2 and 3 to prepare the 65% plans, technical specifications outline, and an initial engineer's estimate. The following are the anticipated sheets for the 65% plan set: 1. Cover sheet 2. General notes (one sheet) 3. Demolition plans (up to four sheets) 4. Construction layout plans (up to five sheets) 5. Construction details (one sheet) 6. Utility plans (up to two sheets) 7. Signing and striping plans (up to two sheets) 8. Traffic signal plan — Grand Avenue at 2nd Street (one sheet) 9. Traffic signal schedules — Grand Avenue at 2nd Street (one sheet) 10. Project details (one sheet) The intent of the 65% plans is to show the proposed design layouts and identify any major design issues prior to bringing the plans to a 95% design level. The plans will include limited details. Existing traffic, utility, and landscaping infrastructure, such as poles, boxes, conduits, pipes, overhead wires, trees, manholes, valves, etc., will be shown on all plans. Civil plans will be developed to a level where project horizontal improvements to existing curb ramps, roadway, utilities, drainage, driveways, landscaping/trees, private property, and water quality can be identified. Limited vertical slope and elevation information will be provided for the civil design at this stage. Demolition plans will note all existing infrastructure conflicting with the proposed civil work to DocuSign Envelope ID: F841056D-4B7B-4FD9-A545-9EA8D9F5E389 Kimley>>)Horn Page begin applicable utility coordination. Final resolution of infrastructure adjustments and relocations will be documented in the 95% plans. The signing and striping plan will show the preliminary layout of striping and signage to be removed or installed. Striping beyond the limit line for the cross -street approaches are not included in this scope of services. Based on the conceptual design, it is assumed the project will protect existing poles at all three project intersections and only minor vehicle head and signal phasing adjustments will be included for the Grand Avenue/2nd Street intersection. The traffic signal pole and equipment schedule for Grand Avenue/2nd Street will be filled out for the 65% design plans, but the conductor schedule will be completed at the next stage. Kimley-Horn will advance the project estimate developed during the previous value engineering exercise for the conceptual design. A specification outline will be prepared utilizing the final 3rd Street Rehabilitation project specifications and the estimate will consider the bid results provided by the City for that project. The 65% design documents will be submitted electronically to the City for review. Deliverables: m 65% Plans and Estimate in PDF format m 65% Specifications Outline in PDF format Task 4.2 — 95% PS&E Upon receipt of one non -conflicting set of City comments on the 65% design, Kimley-Horn will provide responses to City's comments on each of the design documents. This task includes up to one virtual meeting to discuss 65% comments with the City if necessary. Once coordination on comments is complete, Kimley-Horn will document final responses and prepare the 95% design plans. Detailed vertical design information will be provided for proposed curbs, sidewalks, and drainage improvements for the new sidewalk and cycle track. The schedules for traffic signal conductors and striping will be populated at this stage. This effort includes updating utility information based on information received from the City and utility companies in Task 3. Kimley-Horn will prepare the technical special provisions in Microsoft Word format and will show all revisions with track changes. A construction cost estimate and quantities based on the 95% design will be prepared in the format of the bid schedule. The 95% PS&E design package will be provided to the City in electronic format. Deliverables: p Responses to City Comments on the 65% Design Documents in PDF format 0 95% Design Plans and Estimate in PDF format 0 95% Specifications in Word Format with Track Changes DocuSign Envelope ID: F841056D-4B7B-4FD9-A545-9EA8D9F5E389 Kimley>>)Horn Pages Task 4.3 — 100% PS&E Upon receipt of one non -conflicting set of City comments on the 95% design, Kimley-Horn will advance the construction documents to a 100% level of design. Kimley-Horn will attend up to one virtual meeting with the City to discuss the plans and improvements and resolve comments. During this stage, utility coordination is expected to be completed. Kimley-Horn will modify the City standard front-end of the specifications (boilerplate) and revise the previously developed technical special provisions. Kimley-Horn will submit the design documents as an electronic PDF file to the City for distribution and review. Deliverables: 9 Responses to City Comments on the 95% Design Documents in PDF format s 100% Design Plans and Estimate in PDF format e 100% Specifications in Word Format with Track Changes Task 4.4 — Final ME Upon receipt of one non -conflicting set of City comments on the 100% design, Kimley-Horn will advance the design and plans to the final/bid design level. Kimley-Horn will attend up to one virtual meeting with the City to discuss the plans and improvements and resolve comments. It is expected that 100% comments will be minor and editorial in nature; as such, significant design or plan changes will be considered additional scope and can be performed for additional fee upon written consent from the City. The final plans and technical specifications will be signed and sealed by a Civil Engineer registered in the State of California. Files will be provided in electronic format (PDF, Word, and Excel). Hardcopies of the plans (up to one set each for 24" x 36" and 11" x 17") can be provided as requested. Deliverables: ® Responses to City Comments on the 100% Design Documents in PDF format o Final Design Plans and Estimate in PDF format o Final Specifications in Word Format with Track Changes SCHEDULE Kimley-Horn will begin work upon receipt of a written Notice to Proceed. We will work with the City to layout a mutually agreed upon schedule. Highlights of a proposed schedule is shown below. 1300 Clay Street, Suite 325, Oakland, CA 94612 DocuSign Envelope ID: F841056D-4B7B-4FD9-A545-9EA8D9F5E389 Kimley Morn Page 6 Deliverable Timeline Kick-off meeting One week from Notice to Proceed Field Investigations Three weeks from kickoff meeting 65% PS&E Four weeks from the field investigations 95% PS&E Four weeks from receipt of comments on the 65% PS&E documents 100% PS&E Three weeks from receipt of comments on the 95% PS&E documents Final PS&E Two weeks from receipt of comments on the Final PS&E documents FEE ESTIMATE Kimley-Horn will provide the professional services outlined in the scope of services above on a time - and -materials basis for a fee of $74,890. This fee includes all administrative labor costs and direct expenses (travel, tolls, meals, etc.) incurred in performing these services. The table below includes the break -down of cost per task. Description cost 1.0 Project Management $4,820 2.0 Data Collection and Field Investigations $3,280 3.0 Utility Coordination $4,340 4.0 Detailed Design $62,150 Total Cost $74,590 Expenses: $300 Total: $74,890 We note that any services other than those set forth in the Scope of Services will constitute additional services. Additional services (such as attendance at additional meetings, additional submittals, and construction support) shall be performed only with your authorization and be billed on a time -and - materials basis. Thank you for the opportunity to provide our professional services to the City of San Rafael. Please contact me at (510) 350-0217 (office), (510) 393-6232 (cell) or via email at kevin.a ui ui kimle - horn.com should you have any additional questions or need any clarifications. KIMLEY-HORN AND ASSOCIATES, INC. rC6 Kevin Aguigui, PE, TE, CSEP Senior EngineerNice President "fft- WITH RAF 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 (for Joanna) Contractor Name: Kimley-Horn Contractor's Contact: Kevin Aguigui Extension: 3352 Contact's Email: kevin.aguigui@kimley-horn.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT Project Manager a. Email PINS Introductory Notice to Contractor DATE Check/Initial 1 Click here to ❑ enter a date. b. Email contract (in Word) and attachments to City 8/18/2022 Attorney c/o Laraine.Gittens@cityofsanrafael.org NAD 2 City Attorney a. Review, revise, and comment on draft agreement 8/26/2022 and return to Project Manager 8/26/2022 ❑X GC b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor ❑X GC 3 Department Director Approval of final agreement form to send to 8/31/2022 ❑X AM Project Manager contractor Forward three (3) originals of final agreement to 9/1/2022 4 ❑X Project Manager contractor for their signature 5 When necessary, contractor -signed agreement ❑X 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 Click here to Date of City Council approval enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City 9/15/2022 AD Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed _ City Attorney agreement Review and approve insurance in PINS, and bonds 8 (for Public Works Contracts) 9 City Manager/ Mayor Agreement executed by City Council authorized -2 U�- City Clerk official Attest signatures, retains original agreement and 10 forwards copies to Project Manager