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HomeMy WebLinkAboutPW Final Design of Grand Avenue Cycle Track Between 2nd and 4th Street; First AmendmentFIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR FINAL DESIGN OF THE GRAND AVENUE CYCLE TRACK BETWEEN 2ND AND 4TH STREET THIS FIRST AMENDMENT to the 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 04/22/2024 RECITALS WHEREAS, the CITY and CONSULTANT entered into a Professional Services Agreement dated September 21, 2022 to perform professional services in connection with CITY'S Final Design of the Grand Avenue Cycle Track Project, for an amount not to exceed $74,890 (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: 1. Article II of the Agreement, entitled "DUTIES OF CONSULTANT" is hereby amended to include the additional services set forth in CONSULTANT's proposals dated August 23, 2023, and August 22, 2023, attached to this First Amendment as Exhibit A and Exhibit B, and incorporated herein by reference. 2. Article IV of the Agreement, entitled "COMPENSATION" is hereby amended to include additional compensation payable to CONSULTANT for the services described in Exhibit A and Exhibit B to this First Amendment, on a time and materials basis in accordance with the Exhibit A and Exhibit B, in a not -to -exceed amount of $40,850 and $45,300 respectively, and to change the total not -to - exceed amount under the Agreement to $161,040. 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. 1 IN WITNESS WHEREOF, the parties have executed this First Amendment on the day, month, and year first above written. CITY OF SAN RAFAEL Q� Cristine Alilovich (Apr 22. 2024 12:32 EDT) CRISTINE ALILOVICH, City Manager ATTEST: donna Na ni (for) Brenna Nurmi (for) (Apr 22, 202410:13 PDT) LINDSAY LARA, City Clerk APPROVED AS TO FORM: N Z' 11 M GENEVIEVE COYLE, Assistant City Attorney 2 CONSULTANT !� By I, iApi S, 2024 06:01 PDT) Name: KWasi AkWabi T,,I ,: Vice President [If Contractor is a corporation, add signature of second corporate officer] 41L By: �evrfAgulpi IApr 5. 202408:48 PDT) Name: Kevin Ag U i g U i Title: Vice President Exhibit A Kimley>>> Horn August 23, 2023 (via email) Ms. Joanna Kwok Senior Civil Engineer Department of Public Works, City of San Rafael 111 Morphew Street San Rafael, CA 94901 Re: Grand Avenue Cycle Track Project — Request for Change Order for Additional Services Dear Joanna: As previously discussed via phone and email, Kimley-Horn and Associates, Inc. (Kimley-Horn) is requesting a change order related to effort expended for the additional design changes after the 95% Package and effort to support the City prior to the construction advertisement period. The following is a brief summary of design services that were requested by the City and completed by Kimley-Horn that were not part of the original contract dated September 21", 2022. - Design of pedestrian street lighting system along Grand Avenue (2"d St to Wh St), technical specifications preparation, and bid alternate estimate preparation - Design of landscaping planter strip between 3rd St and 4th St, technical specifications preparation, and estimate preparation - Design of curb ramps (field fit) at Grand Avenue and 41h St. - Design and details for the modifications of an existing retaining wall between 912 Grand Avenue and 450 3'd St parcels - Design of storm drain modifications for existing 920 Grand Avenue outflow infrastructure - Preparation of custom bicycle route wayfinding signage - Conduct additional design and coordination meetings with City project team We also request additional budget to prepare design revisions for the driveway entrance on the east side of Grand Avenue between Second St. and Third St. Kimley-Horn will revise the driveway width and add signage and striping at the driveway to facilitate a right -out only movement from the Valero parcel. Kimley-Horn also understands additional design revisions may be requested by the City prior to construction commencing. We request an additional budget of $7,010 to perform these design revisions, as needed. The services will be performed only with City authorization and be billed on a time -and -materials basis. The total fee is $40,850 for the work described above and a breakdown of the effort is as follows: Staff Hours Rate Tota I Analyst II 96 $165 $15,840 Analyst III 68 $190 $12,920 Professional 1 32 $215 56,899 $6,880 Sr Professional 1 6 $295 $1,770 Project Manager (Prof 1) 16 $215 $3,440 Total 1 $40,850 Kimley>>> Horn If you have any questions, please do not hesitate to call me at (510) 250-2110. Sincerely, Kimley-Horn Brendan Pittman, P.E., T.E. Project Manager Kimley>>> Horn Exhibit B August 22, 2023 (via email) Ms. Joanna Kwok Senior Civil Engineer Department of Public Works, City of San Rafael 111 Morphew Street San Rafael, CA 94901 Re: Proposal to Provide Design Services During Construction for the Grand Avenue Cycle Track Project DearJoanna: We are excited to provide a Scope of Services and Fee to provide engineering services during construction to support the City of San Rafael (City) as it works to deliver roadway modifications as part of the Grand Avenue City Track Project. Our Scope of Services follows our understanding of the work that is involved to support the City as it administers the construction phase of a new two-way cycle track along the east side of Grand Avenue between 2"d Street and 4th Street. Scope of Services: Project Understanding As part of this project, Final construction documents (design plans, technical specifications, and Engineers Opinion of Probable Construction Cost) were developed by Kimley-Horn for the Grand Avenue Cycle Track Project. The construction documents included the following design elements: ■ Roadway modifications (new sidewalk, curb and gutter, and curb ramps) ■ Drainage modifications ■ Traffic signal modifications at three (3) locations on Grand Avenue ■ Landscaping improvements (removal and planting of trees) ■ Pedestrian scale street light improvements ■ Pavement rehabilitation ■ Pavement delineation and signage modifications Kimley-Horn understands the City is currently in the process of obtaining a construction contractor to build this Project and is seeking professional services support to assist during the construction phase. For the purposes of this scope, we have assumed a construction phase to begin in September 2023 and end in Summer 2024 (approximately 9 month construction period). Based on our previous phone conversations, our Project Understanding, Scope of Services, Schedule, and Fee Proposal are as follows. Scope of Services Task 1: Project Management Kimley»>Horn This task includes general project administration, including management of project staff, quality control, and project accounting. A brief monthly description of services will be prepared and submitted with our standard invoicing. It is assumed that the project duration is nine (9) months. Task 1 Deliverables: • Monthly invoices and progress reports Task 2: Design Services During Construction Kimley-Horn team will provide design support during project construction by responding to contractor inquiries and preparing design modifications for construction contract change orders as applicable. Kimley-Horn assumes a total effort of 180 hours for budgeting purposes and will be performed on a time and materials basis. Effort in excess of 180 hours will be billed at a time and materials basis at our then current hourly rates, and only after written authorization from the City. It is assumed that support during construction will occur over nine months. Kimley-Horn will have no responsibility for any contractors means, methods, techniques, sequence, schedule, or safety practices, nor shall Kimley- Horn have any authority or responsibility to stop or direct the work of any contractor. Design Services During Construction Services may include, as budget allows: 1. Attend and prepare information for an internal handoff meeting to discuss possible construction issues and items of special consideration for the construction management team. 2. Attend the pre -construction meeting. 3. Attend construction progress meetings as directed by the City. 4. Review and response to appropriate RFIs, which may include revisions and clarifications of design details and specifications. 5. Review and response to material and equipment submittals. 6. Review and response to proposed substitutions, if any, for conformance to the construction documents. 7. Review and response to proposed changes to the contract (Request for Quotations and Contract Change Orders). 8. Participate in up to one meeting for the final punch list walk through. We will observe the construction and provide recommendations for the City to consider for generating the final punch list. 9. Prepare Record Drawings based upon red -lines provided by the contractor and field reviews performed by the City construction management team. Kimley-Horn will not inspect the contractor's work. If requested, Kimley-Horn will periodically observe and bring any possible discrepancies with the construction documents to the City's construction management team. 10. Review and provide comment on construction Contractor's temporary traffic control plans. 11. Participate in coordination calls/meetings as they relate to the other City projects under construction that may affect this project. Task 2 Deliverables: • Construction meeting attendance, if applicable • Responses to RFIs, submittals, requests for substitutions, and change orders; and revised details, plans, or specifications • Record drawings prepared in AutoCAD and provided to the City in AutoCAD and PDF formats, 1300 Clay Street, Suite 325, Oakland, California 94612 Kimley>»Horn as budget allows Schedule Kimley-Horn will provide our services as noted in the Scope of Services as expeditiously as practicable to meet the mutually agreed upon schedule. Fee and Billing Kimley-Horn will provide the professional services outline in the Scope of Services on a labor fee plus expense basis not to exceed $45,300. This fee includes administrative labor costs and direct expense (travel, tolls, meals, etc.) incurred in performing these services. The table below includes the break- down of cost per task. Task Number Description 1.0 Project Management $7,320 2.0 Design services During Construction $37,580 Total Cost $44,900 Expenses: $400 Total: $45,300 We note that any services other than those set forth in the Scope of Services will constitute additional services. Additional services 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) 250-2110 (office) or via email at brendan.pittman@kimley- horn.com should you have any question or need any clarifications. Kimley-Horn and Associates, INC. Brendan Pittman, PE, TE Project Manager 1300 Clay Street, Suite 325, Oakland, California 94612 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: Shannon Mackle (for Eugelyn Lopez) Extension: 3353 Contractor Name: Kimley-Horn and Associates 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 I DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor C11%,K MI U w ❑ enter a date. b. Email contract (in Word) and attachments to City 3/29/2024 Attorney c/o Laraine.Gittens@cityofsanrafael.org 4/2/2024 ©SM 2 City Attorney a. Review, revise, and comment on draft agreement and return to Project Manager 4/2/2024 ® NT b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 4/2/2024 ❑X NT ® AM 3 Department Director Approval of final agreement form to send to contractor Forward three (3) originals of final agreement to 4 Project Manager 4/2/2024 I� 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 ❑X SM Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 4/15/2024 Date of City Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed City Attorney agreement 8 Review and approve insurance in PINS, and bonds (for Public Works Contracts) 9 City Manager / Mayor Agreement executed by City Council authorized official 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager 1st amendment - PSA - KimleyHorn vendorsign ed-combined Final Audit Report Created: 2024-04-16 By: Shannon Mackie (shannon.mackle@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAzK4hjfPSOFgdtT1ROM90FJIIgWKjH_FM 2024-04-22 "1st amendment - PSA - KimleyHorn vendorsigned-combined" H istory Document created by Shannon Mackie (shannon.mackle@cityofsanrafael.org) 2024-04-16 - 9:17:46 PM GMT El+ Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval 2024-04-16 - 9:17:53 PM GMT Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2024-04-16 - 9:23:01 PM GMT 60 Document approved by Laraine Gittens (laraine.gittens@cityofsanrafael.org) Approval Date: 2024-04-16 - 9:25:14 PM GMT - Time Source: server E7y Document emailed to Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) for signature 2024-04-16 - 9:25:15 PM GMT Email viewed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) 2024-04-16-10:31:34 PM GMT 6© Document e-signed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) Signature Date: 2024-04-16 - 10:36:49 PM GMT - Time Source: server Cry Document emailed to city. clerk@cityofsanrafael.org for approval 2024-04-16 - 10:36:51 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-04-16 - 11:21:42 PM GMT &0 Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi 2024-04-16 - 11:21:51 PM GMT Q Adobe Acrobat Sign cS© Document approved by Brenna Nurmi(city.clerk@cityofsanrafael.org) Approval Date: 2024-04-16 - 11:21:53 PM GMT - Time Source: server C'. Document emailed to Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) for signature 2024-04-16-11:21:55 PM GMT Email viewed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) 2024-04-22 - 4:32:16 PM GMT 6o Document e-signed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) Signature Date: 2024-04-22 - 4:32:29 PM GMT - Time Source: server C'► Document emailed to city.clerk@cityofsanrafael.org for signature 2024-04-22 - 4:32:31 PM GMT ,n Email viewed by city.clerk@cityofsanrafael.org 2024-04-22 - 5:13:20 PM GMT 60 Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi (for) 2024-04-22 - 5:13:33 PM GMT bo Document e-signed by Brenna Nurmi (for) (city.clerk@cityofsanrafael.org) Signature Date: 2024-04-22 - 5:13:35 PM GMT - Time Source: server Oft Agreement c^�^^'^*^�' 2024-04-22 - 5: Q Adobe Aa