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HomeMy WebLinkAboutPW Second and Fourth Street Intersection Improvements; First AmendmentFIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH CSW/STUBER-STROEH ENGINEERING GROUP INC. FOR IMPROVEMENTS TO THE SECOND AND FOURTH STREET INTERSECTION THIS FIRST AMENDMENT to the Professional Services Agreement by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and CSW/STUBER-STROEH ENGINEERING GROUP INC. (hereinafter "CONSULTANT"), is made and entered into as Of 05/08/2024 RFC'ITAI NC WHEREAS, the CITY and CONSULTANT entered into a Professional Services Agreement dated July 14, 2022 to perform professional services in connection with CITY'S Second Street and Fourth Street Intersection project, for an amount not to exceed $131,582 (the "Agreement"); and WHEREAS, under the terms of the Agreement, the Term of the Agreement was to expire on July 14, 2023; however CITY and CONSULTANT, agreed informally that the Term of the Agreement would be extended, and now wish to ratify and memorialize that extension; 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 proposal dated April 10, 2024, attached to this First Amendment as Exhibit A 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 to this First Amendment, on a time and materials basis in accordance with the Exhibit A, in a not -to -exceed amount of $96,900, and to change the total not -to -exceed amount under the Agreement to $228,482. 3. Article V of the Agreement, entitled "TERM OF AGREEMENT" is hereby amended, effective as of July 14, 2023, to extend the Agreement term by two years, through July 14, 2025. 4. 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. IN WITNESS WHEREOF, the parties have executed this First Amendment on the day, month, and year first above written. CITY OF SAN RAFAEL Cni: ins Aldovich Cristinekilovich (May 8,202420.59 PDT) CRISTINE ALILOVICH, City Manager ATTEST: ganna, Nurw,� (,Azor) — Banns Nurmi itorl delay 9.20240 . 6 PO LINDSAY LARA, City Clerk APPROVED AS TO FORM: GENEVIEVE COYLE, Assistant City Attorney 2 CONSULTANT Aobept Ste ym,r By:Robert Stevens (May 7, 202415:32 PDT) Name: Robert Stevens Title: President/CEO [If Contractor is a corporation, add signature of second corporate officer] Giktdw SchapcV By: Lin da Schmid (May7, 20241539 PDT) Name: Linda Schmid Title: CFO CSW ST CSWST2 2200116 Exhibit A April 10, 2024 Revised August 29, 2023 Revised June 12, 2023 Original March 29, 2023 Theo Sanchez, PE Associate Civil Engineer City of San Rafael, Department of Public Works 111 Morphew St. San Rafael, CA 94901 Subject: Revised Additional Service Request — Second and Fourth Street Intersection Improvements Dear Ms. Kwok: Thank you for the opportunity to support the City of San Rafael in improving the Second and Fourth Street intersection. As you are aware, the current preliminary plan has significantly changed from the original concept developed for the Third Street Improvement project and used for the One Bay Area Grant as well as serving as the basis for our consulting services agreement executed on July 14, 2022. Working with the community and stakeholders, the current design better balances transportation modes and enhances the easterly gateway to San Rafael. To achieve this design, we will spend additional effort than originally contemplated. Additionally, our team will assist the City in securing Caltrans Request for Authorization approval, also known as an E76. The City of San Rafael received $3.051 million from the One Bay Area Grant (OBAG) program to support construction of the Second and Fourth Streets Intersection Improvement project. We understand the project will reconfigure the intersection generally as illustrated in our July 18, 2023, 65% submittal. OBAG is a federal funding program, which is administered by the Caltrans office of Local Assistance. To advertise the project for a public bid with the intention of using the OBAG funds to pay for the work, the City must secure the approval of Local Assistance. This process is defined in the Local Assistance Procedures Manual, which typically requires environmental and right of way studies to confirm the project complies with federal standards as well as those of the grantor. Listed below is our scope of these services for design and local assistance support. Design Support A-1. Concept Studies. At the request of stakeholders, our team prepared sixteen exhibits and modified the concept plan from the approved geometric drawing included in the project proposal. A summary of the modifications includes: a. Geometric modifications to northerly parking area into a landscape plaza. 121 Park Place Richmond, CA 94801 b. Removal of the Fourth Street slip lane. C. Geometric modifications to the driveway approach to Urban Remedy and the pet grooming store. d. Geometric modifications to the Fourth Street angle of intersection with Second Street. e. Addition of an island median at the Marquard Avenue intersection. f. Testing of options to improve bicycle and pedestrian access in the intersection. g. Evaluation of alternatives to expand bicycle facilities along West End Avenue. h. Preparing necessary turning templates to confirm truck turning movements in the intersection and new driveway approaches. A-2. Traffic Analysis (Kimely Horn). To support the revision of the Second and Fourth Street intersection, Kimley Horn has reviewed various alternative conceptual designs including attendance at additional meetings. This effort included a review of traffic data collected by city, highway -capacity analysis for peak periods, technical reporting, and summary memorandum, which serves as the basis for signal operations and phasing plan. A-3. Boundary Survey. During the development of the signal plan at West Crescent and Second Street, stakeholders requested the location of the right of way to validate the concept. We completed research at the Marin County free library and searched for the evidence in the field but found much of it destroyed. On the fourth trip to the field, our survey crew found evidence on Alexander Avenue that could be used to resolve the boundary. Pursuant to California law, we prepared a Record of Survey and are ready to submit it to Marin County. A-4. Gateway Landscape Design. The initial concept plan did not anticipate major changes to landscape and hardscape at the intersection. However, during development of the plan, stakeholders desired to improve the area to serve as a gateway to downtown San Rafael. This plan will include trees, landscaping, and hardscape elements. Our team will complete the design of an irrigation system in compliance with Marin Municipal Water District's requirements. A-S. Design Enhancements. Both the West Crescent and Second Streets as well as the Fourth and Second Streets intersections' designs are more complicated than originally anticipated requiring additional labor effort to refine hardscape, utility, and striping. Local Assistance Support B-1 Preliminary Environmental Study. .Because of the federal funding, the project must be reviewed under the National environmental Protection Act (NEPA). As the project is located within a highly developed area, it should be a categorical exclusion. To commence the process, we will complete a Preliminary Environmental Study (Exhibit 6-A) for review by the City and for submittal to Local Assistance. B-2 Field Review. To commence the environmental scoping process, we will complete the Field Review and Roadway Data Forms (Exhibits 7-B and 7-C) for review by the City and for submittal to Local Assistance. We will attend the field review meeting with the Local Assistance representative at the City's offices and potentially in the field to review the PES and discuss the technical studies that may be required for the project. Page 2 B-3 Environmental Studies. Local Assistance has standard conditions related to noise and biological resources related to projects similar to 2"d and 4th Street. However, we will provide the following if requested: a. Standard memoranda. We will provide a standard memorandum related to traffic handling during construction. b. Cultural Resources. Based upon previous work completed in the area, we understand that the Federated Indians of the Graton Rancheria may be interested in consulting on the progress of the project. We will retain a cultural resources firm to prepare an APE map, complete research, and coordinate with the tribe. We expect the project to integrate monitoring for resources during construction. B-4 CEQA Assessment. We will prepare a project description for preparation of the categorical exemption under CEQA based upon California Code of Regulations Sections 15301(c), 15302(c), 15303(d), and 15304(f). B-5 Right of Way Certification. CSWIST2 will complete the following to support the certification. a. Notices to Owners. We will complete and submit a Notice to Utility Owners informing them of the project and their need to relocate facilities in conflict at their cost. b. Form 13-13. We will complete Local Assistance Form 13-B "Right of Way Certification" for the project documenting that the City has permanent rights -of -way as well as utility clearances to construct the project. We assume this will be a Certification Number 1. c. Right to Enter. While the contractor may need to enter private property to complete the work, it is for the benefit of the private property owner, which can be completed through a standard right of entry process. We will prepare two (2) right of entry documents. . B-6 Federal Specifications Integration. We will modify the City's standard specifications to include the required federal -aid contract language including adding Form FHWA-1273. This will include integration of NEPA and CEQA mitigations into the documents. B-7 Request for Authorization. With completion of the 100% documents, right of way certification, and environmental process, we will provide the following information to the City for submittal to Caltrans. a. Request for Authorization Form and Cost Estimate (LAPM 3-A) b. PS&E Certification and Checklist (Exhibit 12-D) c. Contract Goal Methodology (Exhibit 9-D) d. Plans and Specifications ASSUMPTIONS In preparation for our scope of work, we have made several assumptions to establish our team's required labor effort. 1. There will not need to be a Historic Structures Report required for the project. 2. Cultural resources investigation will be based upon record; no field exploration is necessary. 3. Right of way acquisition is not required. For the purpose of this certification, we assume that 1904 and 1908 4th Street has some form of mutual access easement allowing for the removal of the driveway as currently shown in the plans. Page 3 COMPENSATION CSW/ST2 agrees to provide the services described above on a time and expense basis, in accordance with our current Hourly Rates and Billing Policy. Please allow a total not to exceed fee of $96,900 summarized as follows: Task Description Request A-1 Concept Studies $12,000 A-2 Traffic Analysis (Kimely Horn) $12,300 A-3 Boundary Survey $17,000 A-4 Gateway Landscape Design $17,300 A-5 Design Enhancements $16,300 Subtotal, Task A $74,900 B-1 Preliminary Environmental Study $1,000 B-2 Field Review $ 2,000 B-3 Environmental Studies B-3a Standard Memoranda $ 1,500 B-3b Cultural Resources Sub Consultant (Optional) $ 10,000 B-4 CEQA Assessment $ 1,500 B-5 Right of Way Certification $ 3,000 B-6 Federal Specifications Integration $ 1,500 B-7 Request for Authorization $ 1,500 Subtotal, Task A $22,0100 TOTAL, Task A and B: $96,900 SERVICES AND STANDARD OF CARE CSW/ST2's services shall be limited to those expressly set forth above. We shall have no other obligations or responsibilities for the project except as agreed to in writing, or as provided in this agreement. CSW/ST2's services shall be provided consistent with, and limited to, the standard of care applicable to such services. CSW/ST2 shall provide its services consistent with the professional skill and care ordinarily provided by consultants practicing in the same or similar locality under the same or similar circumstances. We appreciate your consideration of this request. Please contact me at 415.533.1864 or rstevens@cswst2.com if you need additional information. Sincerely, Robert Stevens, PE, TE Principal Berkeley Novato C S W S T 2 Petaluma Pleasanton Redwood City Richmond CSWIStuber-Stroeh Engineering Group, Inc. Engineers I Land Planners Surveyors BILLING RATE SCHEDULE Effective January 1, 2024 — December 31, 2024 ENGINEERING SERVICES HOURLY RATES Senior Engineer $ 201.00 Engineer I, II, III $ 144.00, $ 175.00, $ 194.00 Engineer Technician $ 131.00 Engineer Assistant $ 101.00 SURVEYING SERVICES HOURLY RATES Senior Surveyor Surveyor I, II, III Survey Technician Survey Assistant Two Person Survey Party Survey Party Chief Survey Chainman Survey Apprentice Aerial Drone Surveyor $ 201.00 $ 144.00, $ 175.00, $ 194.00 $ 131.00 $ 101.00 $ 340.00 $ 220.00 $ 120.00 $ 112.00 $ 217.00 OTHER PROFESSIONAL SERVICES HOURLY RATES Principal $ 269.00 Associate Principal $ 245.00 Senior Project Manager $ 240.00 Project Manager $ 226.00 Sr. Landscape Architect $ 172.00 Landscape Architect $ 156.00 Construction Manager $ 235.00 Resident Engineer $ 226.00 Field Engineer $ 194.00 Technical Writer $ 138.00 Graphic Illustrator $ 131.00 Project Assistant $ 101.00 • All expenses for transportation (mileage, bridge fare, etc.) will be charged at the Internal Revenue Service rate plus 10%. • Filing fees, checking fees, prints, and other outside costs (such as agency submittal/permit fees etc.) will be charged at cost, plus service charges at the rate of 10%. • Billing will be monthly net 30 days. ' RAFq�` ? 2 WITH R 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 Mackie (for Theo Sanchez) Extension: 3353 Contractor Name: CSW/Stuber Stroeh Contractor's Contact: Robert Stevens Contact's Email: rsteven@cswst2.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to ❑ enter a date. b. Email contract (in Word) and attachments to City 4/23/2024 Attorney c/o Laraine.Gittens@cityofsanrafael.org ®SM 2 City Attorney a. Review, revise, and comment on draft agreement 4/26/2024 and return to Project Manager 4/26/2024 ® NT b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor Approval of final agreement form to send to ❑X NT 3 Department Director 5/2/2024 M AM contractor Forward three (3) originals of final agreement to 4 Project Manager Click here to ❑ contractor for their signature enter a date. 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 5/6/24 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 agreement 8 City Attorney Review and approve insurance in PINS , and bonds City Manager / Mayor (for Public Works Contracts) 9 Agreement executed by City Council authorized official Attest signatures, retains original agreement and 10 City Clerk forwards copies to Project Manager 1st Amendment - CSW- Second and Fourth Intersection Improvements Final Audit Report Created: 2024-05-07 By: Shannon Mackle (shannon.mackle@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAABHQDKwDON9kRm4en_ods9knc8m6Ut9vg 2024-05-09 "1 st Amendment - CSW- Second and Fourth Intersection Improv ements" History Document created by Shannon Mackie (shannon.mackle@cityofsanrafael.org) 2024-05-07 - 6:27:29 PM GMT �-► Document emailed to rstevens@cswst2.com for signature 2024-05-07 - 6:29:40 PM GMT Email viewed by rstevens@cswst2.com 2024-05-07 - 10:24:46 PM GMT 60 Signer rstevens@cswst2.com entered name at signing as Robert Stevens 2024-05-07 - 10:32:53 PM GMT 40 Document e-signed by Robert Stevens (rstevens@cswst2.com) Signature Date: 2024-05-07 - 10:32:55 PM GMT - Time Source: server C'. Document emailed to Ischmid@cswst2.com for signature 2024-05-07 - 10:32:57 PM GMT Email viewed by Ischmid@cswst2.com 2024-05-07 - 10:36:52 PM GMT b0 Signer Ischmid@cswst2.com entered name at signing as Linda Schmid 2024-05-07 - 10:39:16 PM GMT d0 Document e-signed by Linda Schmid (Ischmid@cswst2.com) Signature Date: 2024-05-07-10:39:18 PM GMT - Time Source: server 'y Document emailed to Laraine Gittens(laraine.gittens@cityofsanrafael.org) for approval 2024-05-07 - 10:39:19 PM GMT Q Adobe Acrobat Sign Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2024-05-07 - 10:40:25 PM GMT 6© Document approved by Laraine Gittens (laraine.gittens@cityofsanrafael.org) Approval Date: 2024-05-07 - 10:44:42 PM GMT - Time Source: server Ey Document emailed to Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) for signature 2024-05-07 - 10:44:44 PM GMT Email viewed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) 2024-05-08 - 0:28:25 AM GMT d© Document e-signed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) Signature Date: 2024-05-08 - 0:29:28 AM GMT - Time Source: server E-4' Document emailed to city.clerk@cityofsanrafael.org for approval 2024-05-08 - 0:29:30 AM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-05-08 - 2:58:44 PM GMT 6© Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi 2024-05-08 - 2:58:52 PM GMT d© Document approved by Brenna Nurmi(city.clerk@cityofsanrafael.org) Approval Date: 2024-05-08 - 2:58:54 PM GMT - Time Source: server L--', Document emailed to cristine.alilovich@cityofsanrafael.org for signature 2024-05-08 - 2:58:56 PM GMT Email viewed by cristine.alilovich@cityofsanrafael.org 2024-05-09 - 3:59:04 AM GMT 6© Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich 2024-05-09 - 3:59:27 AM GMT &o Document e-signed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) Signature Date: 2024-05-09 - 3:59:29 AM GMT - Time Source: server P'4 Document emailed to city.clerk@cityofsanrafael.org for signature 2024-05-09 - 3:59:31 AM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-05-09 - 2:56:42 PM GMT d® Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi (for) 2024-05-09 - 2:56:56 PM GMT 13 Adobe Acrobat Sign 4e Document e-signed by Brenna Nurmi (for)(city.clerk@cityofsanrafae1.org) Signature Date: 2024-05-09 - 2:56:58 PM GMT - Time Source: server ® Agreement completed. 2024-05-09 - 2:56:58 PM GMT Q Adobe Acrobat Sign