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HomeMy WebLinkAboutPW Service Level Agreement; Task Order No. 125 Francisco Blvd East Mid-Block Crossing DesignCity of San Rafael SERVICE LEVEL AGREEMENT DATED APRIL 9, 2024 WITH KIMLEY-HORN AND ASSOCIATES, INC. TASK ORDER NO. 125 Subject title: Francisco Blvd East Mid -Block Crossing Design Task Order Amount: $68,693 THIS TASK ORDER is entered into on Aug 8, 2024 between the City of San Rafael, a municipal corporation ("City"), and Kimley-Horn and Associates, Inc., ("Contractor"). RECITALS A. The City and Contractor (as may be identified as "Consultant" in the original Agreement) have entered into a Service Level Agreement ("Agreement") dated April 9, 2024 under which Contractor has agreed to perform certain contract services for the City; and B. Pursuant to the terms of the Agreement, the City wishes Contractor to perform certain tasks as set forth in this Task Order, which constitute the Work; NOW, THEREFORE, City and Contractor agree as follows: AGREEMENT 1. Scone of services. Contractor shall provide any and all of the services set forth in Exhibit A of this Task Order, for an amount not to exceed the Task Order Amount, identified above, as directed by the City. Chadi Chazbek shall be the Project Manager for Contractor for this Task Order. Additional contract services may be performed by other Contractor staff with prior notice and approval by City. a. City's duties. The City will: (1) Determine the scope of services, as set forth in Exhibit A. (2) Make available work plans and specifications and other City data related to the project, including full information as to the City's requirements. (3) Designate Mariana Sanchez, or their designee as the person at the City responsible for monitoring performance under this Task Order. b.Contractor duties. The Contractor will: (1) Provide and perform tasks identified in Exhibit A, Scope of Services. (2) Provide miscellaneous services related to the Work and not stipulated elsewhere in this Task Order, when requested by the City in writing. A Task Order Amendment is required if these additional services cannot be performed within the Task Order budget. Date of completion; Work hours estimate. Cost estimate and budget. Fee schedule: Costs are not - Rev March 2024 City of San Rafael Service Level Agreement Task Order to -exceed stated Task Order Amount in this Task Order. See Exhibit A for Work and fee schedule details. AutlionzatiMl it) DT'OCCCd The City will give Contractor authorization to proceed with the work specified in this Task Order only after Contractor submits updated insurance certificates and endorsements, in accordance with the Agreement. 4. Service Level Agreement terms, Conflicts. Except as expressly otherwise provided herein, all terms of the Agreement shall apply to Contractor in the performance of work pursuant to this Task Order. If there is a conflict between this Task Order and the Agreement, this Task Order shall control. Amendment of Task Order: Conflicts. Except as provided in Section 1(b)(2) above, this Task Order may not be modified except by an Amended Task Order executed and approved in the same manner as the Task Order. Signatures. The parties have executed this Task Order, as of the date first written above. 2 Rev. March 2024 City of San Rafael Service Level Agreement Task Order CITY OF SAN RAFAEL By: Cristine Alilovich, City Manager Reviewed By RobW^ - P. 4&6uk By, Robert F. Epstein (Aug E, 02401:14 PDT) Robert F. Epstein, City Attorney Exhibits: A Scope of work Rev March 2024 CONTRACTOR r > By:—;a,%4,bibtug2.202411:22PDT_ Name: Kwasi AkWabi Title: Vice President (if Contractor is a corporation, add signature of second corporate officer) _I_Ceym 4gI1cr gI By: Kevin Aguigui (Am , 209 12:16 PDTj Name: Kevi n AgU I gU I Title: Vice President Exhibit A Kimley>>> Horn Date: July 1, 2024 To: April Miller, Public Works Director City of San Rafael From: Chadi Chazbek, P.E. Kimley-Horn and Associates, Inc. Subject: Scope and Fee Proposal for Canal Alliance Crossing Final Design PROJECT UNDERSTANDING The Canal Alliance intends to use the property on the west side of Grand Avenue and to the south of San Rafael Creek as the new Headquarters. As a result, this building will generate pedestrian traffic from the surrounding area to the east and better pedestrian access across Grand Avenue is needed to provide a safe path of travel across Grand Avenue to the project site. In the feasibility study phase, Canal Alliance considered multiple options for pedestrians to cross Grand Avenue including: 1. An uncontrolled crosswalk across Grand Avenue just south of the existing building on the project site 2. A rectangular rapid -flashing beacon (RRFB) with a pedestrian refuge island in the median of Grand Avenue just south of the existing building on the project site 3. A pedestrian hybrid beacon (PHB) with a pedestrian refuge island in the median of Grand Avenue just south of the existing building on the project site 4. A traffic signal at the intersection of Grand Avenue and Francisco Boulevard E Based on multiple discussions with Canal Alliance and the City of San Rafael, a PHB with a refuge island in the median was selected as the approved alternative. Details of this approved alternative can be seen in the attached exhibit. This proposal is for Kimley Horn to complete final design and prepare construction documents based on the improvements shown in the attached exhibit. SCOPE OF SERVICES Kimley-Horn will perform the following scope of services: Task 1 — Prolect Manaaement Kimley-Horn assumes that management activities will last through the completion of this contract as described in (tasks 2-5) and will not exceed one (1) month. Kimley-Horn will attend up to three (3) virtual meetings with Canal Alliance and the City of San Rafael to discuss project status and other 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 Kimley>>> Horn Page 2 critical issues throughout the project development. No in -person meetings are assumed in the scope. Coordination will be completed via email and phone correspondence. If Kimley-Horn's attendance at a meeting is requested, Kimley-Horn will request an additional service. Task 2 — Data Collection S Field Visit Kimley-Horn will perform a field review within the mapping limits by members of the design team. The team will review existing conditions, potential PHB pole locations, making note of existing facilities and taking photographs. We will verify visible surface utilities and signal equipment. We will coordinate with the City to gain access to signal cabinets and review controllers and other existing equipment as deemed necessary. Kimley-Horn will review the existing data previously acquired for the Project, and will request additional information from the City if necessary. Our scope assumes that the City will provide requested existing surveys, as -built information of the various improvements, storm drain inventory, GIS and right-of-way information, street light information, and other materials that the City have in their possession. Relevant information will be compiled and incorporated into the project plans as deemed necessary. Kimley-Horn will compile existing utility information based upon field condition review, and information provided by the City. Kimley-Horn will note any potential impacts to existing utilities on the construction documents. We assume the contractor to take lead on utility coordination, and as such, no utility coordination, meetings, or advanced utility letters is assumed as part of this scope. Utility adjustments will be shown on the plans, to be performed either by the Contractor or by the utility owner. Our scope assumes that any relocations or major adjustments necessary will be designed and constructed by the utility owner and not included in the project plans. All utility impacts, adjustments, and relocations are to be coordinated by the Contractor. Task 3 — Environmental Clearance Based on the nature of the proposed project, Kimley-Horn anticipates that the project would qualify for a Categorical Exemption (CE) under the California Environmental Quality Act (CEQA) per Section 15301, Existing Facilities, and a Statutory Exemption pursuant to Senate Bill 922 (SB922). To qualify for this exemption, all requirements of Section 15301 must be met and no conditions listed in Section 15300.2, Exceptions may be met. Should the project meet these criteria, it is assumed that no technical analyses would be required for the purposes of CEQA. It is assumed that no National Environmental Protection Act (NEPA) review is required and that no impacts to resources requiring permits from applicable resource agencies would occur. Should NEPA review or permits be required, a revised scope and fee will be required. Kimley-Horn will prepare a Notice of Exemption (NOE) documenting why the project qualifies for the identified Categorical and Statutory Exemptions, as appropriate. This scope assumes that no technical documentation would be prepared to support the NOE and that Kimley-Horn would qualitatively substantiate why the project qualifies for the identified exemptions and why the Kimley)))Horn Page 3 exclusions to the exemptions do not apply. This scope includes response to one consolidated round of comments from the Client and City of San Rafael on the draft NOE. Response to additional rounds of review may be provided for an additional fee. Deliverables: Notice of Exemption (NOE) in PDF Format Task 4 — Liahtina Analysis Kimley-Horn will coordinate with the City on lighting and luminaire requirements. Kimley-Horn will document the lighting and luminaire requirements as discussed with the City. Any changes to the lighting and luminaire requirements after this documentation has been approved, will require additional design fee. Kimley-Horn will complete a lighting analysis showing the required improvements necessary to adhere to the lighting standards determined. Deliverables: Photometric Exhibit and Calculation Summary in PDF Format Task 5 — Final Design Based upon the improvements shown on the attached exhibit, Kimley-Horn will prepare the Draft Final% plans, specifications, and estimate (PS&E), and subsequently the Final PS&E. Each submittal will be updated based on one set of non -conflicting comments from the City and Canal Alliance on the previous submittal. Improvements will be shown on a scaled aerial imagery and provide sufficient information to construct and implement the planned improvements. No survey is assumed as part of this project scope, and as such, vertical information will be limited to minimum and maximum grades to be in conformance with ADA and applicable City Standards, with the Contractor confirming and field -fitting the planned improvements. Technical specifications will be developed at the Draft Final level. Technical specifications will be developed using Caltrans special provisions and any City -provided technical specifications. All proposed changes to special provisions will be tracked at the Draft Final level. Changes will be tracked in the specifications up until the Final PS&E, when all changes will be accepted, and a clean version provided. Final technical specifications will be provided to the City for the City to combine into the overall final project specifications. Kimley-Horn assumes the following plan sheets will be developed as part of the plan set: 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 Kimley>>)Horn SheetType Sheet Totals Title Sheet/Vicinity Map/Construction Signs 1 General Notes 1 Construction Details Curb ramps/Bulb-outs 1 Miscellaneous details 1 Signage and Striping (1:20 scale) and Details 2 Pedestrian. Hybrid Beacon. Plan. and Details 2 TOTAL ANTICIPATED SHEETS 8 Page 4 Plans will be developed based on the City's Standard Plans, Caltrans 2023 Standard Plans, the 2014 California MUTCD, and the California Highway Design Manual. Our scope assumes that construction staging and traffic control will be handled in the special provisions, and that plan sheets will not be required or prepared for this work. Our scope does not include preparation of any landscaping, irrigation, or green infrastructure plans and specifications. Pedestrian Hybrid Beacon equipment will be placed based on the field visit and above ground conflicts. To expedite the design, Kimley-Horn will not get pothole data for the PHB equipment locations and final locations of all poles will be verified during construction after potholing by the contractor. Kimley-Horn will assume a PG&E connection point and costs associated with improvements required to obtain service from PG&E. Kimley-Horn will submit a PG&E service application but due to the expeditated nature of the design, Kimley-Horn will not complete the design process with PG&E. Upon completion of the PG&E design process the contractor will coordinate directly with PG&E to verify tie-in location and any additional service upgrades required. Additional Assumptions • No surveV and topographic mapping is included as part of this scope and proiect design. Improvements will be designed on scaled aerial imagery. Kimley-Horn will submit PG&E service application only and coordination/design will be completed during construction and between PG&E and the contractor. • No Dotholina is assumed as hart of this scone and proiect desian. Potholina allocation ded as a bid item for Contractor to Derform during construction. • No Design Support During Construction (DSDC) is assumed as part of this scope of work. Scope and assumed hours have been provided as an additional service. Should the CitV request these additional services, additional fee will be requested. Kimley>>> Horn Additional Services Page 5 We will, if authorized by you, perform other services which may be required. Additional services will be completed on a lump sum or time and materials basis and may include additional traffic data collection, attendance at meetings or hearings not included in the scope, or multiple sets of comments. Any additional efforts, not included in this scope and fee estimate, will be undertaken only upon express prior authorization by you. If completed on a time and material basis, our fee shall include labor fees to be computed on the basis of hours actually spent on the project and Kimley- Horn's schedule of hourly billing rates in effect at the time extra services are rendered, plus a fee of 4.6 percent of the labor fee for such project expenses as in-house duplicating, facsimile, local mileage, telephone, postage, and in-house blueprinting. Other direct expenses, if any, will be billed at a multiplier of 1.15 times cost. Other direct expenses might include such items as outside reproduction services, and other similar items. Task 6 — Desian Services Durina Construction (DSDC) Kimley-Horn will provide design support during bidding, award, and construction as part of construction support services. The proposed budget is based on an assumed scope, as described below. We assume that all work will be performed upon authorization and direction of the City. We have assumed a total of 80 hours for design services during construction (DSDC). Each task includes an assumed number of hours. Effort in excess of the assumed hours is assumed to be additional work beyond this scope, and can be performed for an additional fee, upon the City's authorization. Bid Support The Kimley-Horn team will provide design support ahead of and during project advertisement by answering contractor inquiries and preparing addenda as requested by the City. The level of effort associated with responding to contractor inquiries, preparing addenda, and all other requested efforts for bid support is assumed to total 30 hours for budgeting purposes; this work will be performed on a time -and -materials basis. Award Support The Kimley-Horn team will provide design support during the project award period by assisting the City with evaluating bids, costs, and general support through the award period. The level of effort associated with this task is assumed to total 10 hours for budgeting purposes; this work will be performed on a time -and -materials basis. Construction Support The Kimley-Horn team will provide design support during project construction. Kimley-Horn assumes a total effort of 40 hours for budgeting purposes; this work will be performed on a time -and -materials basis. As part of this task, Kimley-Horn will prepare Conformed Record Drawings using the contractor or City resident engineer mark-ups of the project drawings. The Record Drawings 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 Kimley»>Horn Page 6 incorporate the as -built information and will be dated and signed by the Engineer(s) of Record (EOR) prior to being submitted to the City Engineer. Kimley-Horn may perform the following construction support activities, as directed by the City, within the hours budgeted for the task. Our proposed fee does not assume or include enough hours for us to perform all the activities summarized below. This list is meant to be a list of services we can provide during construction. • Pre -construction conference • Visits to site and observation of construction • Recommendations with respect to defective work • Clarifications and interpretations • Change orders • Shop drawings and samples • Substitutes and "or -equal" • Inspections and tests • Applications for payment • Substantial completion • Final notice of acceptability of the work • Limitation of responsibilities SCHEDULE We recognize that you are eager to have our services begin and assist you with determining the next steps. As a result, Kimley-Horn is prepared to begin work immediately upon receipt of a signed Agreement and we will endeavor to meet your scheduling needs. Completion of each subsequent task will depend on the nature and extent of the comments received, but all efforts will be made to expedite response to comments. A preliminary schedule is noted below with an anticipated NTP Sequence 1 Deliverable/Meeting NTP Deadline July 1', 2024 2 Kick -Off Meeting July 2"d, 2024 3 Draft Final PS&E to City July 18th, 2024 4 City Review Comments to KH July 24th, 2024 5 Final Bid Package to City July 3V, 2024 Kimley>>> Horn Page 7 FEE AND EXPENSES Kimley-Horn proposes to provide professional services outlined in this scope of services on a time - and -materials basis not to exceed $68,693. Task 1 - Project Management $5,420 Task 2 - Data Collection & Field Visit $9,625 Task 3 - Environmental Clearance $7,650 Task 4 - Lighting Analysis $3,100 Task 5 - Final Design $39,590 Labor Total $65,385 In -Direct Expenses (4.6% Labor) $3,008 Travel/Mileage $300 Total Labor and Expenses $68,693 CLOSURE If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy, and return the other to us. We will commence services only after we have received a fully - executed agreement. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Sincerely, Chadi Chazbek, P.E. Kimley>>> Horn April Miller Public Works Director (Date) (Print or Type Name) (Email Address) Attest: Secretary/Assistant Secretary (Print or Type Name) Witness (Print or Type Name) Client's Federal Tax ID: Client's Business License No. Client's Street Address: Attachment — Request for Information Attachment — Standard Provisions Page 8 Kimley>>)Horn Page 9 Request for Information Please return this information with your signed contract, failure to provide this information could result in delay in starting your project Client Identification Full, Legal Name of Client Mailing Address for Invoices Contact for Billing Inquiries Contact's Phone and e-mail Client is (check one) Owner Agent for Owner Unrelated to Owner Property Identification Parcel Parcel Parcel Parcel Street Address County in which Property is Located Tax Assessor's Number(s) Property Owner Identification Owner 1 Owner 2 Owner 3 Owner 4 Owner(s) Name Owner(s) Mailing Address Owner's Phone No. Owner of Which Parcel #? Project Fundinq Identification — List Fundinq Sources for the Project Attach additional sheets if there are more than 4 parcels or more than 4 owners Kimley>>> Horn KIMLEY-HORN AND ASSOCIATES, INC. STANDARD PROVISIONS Page 10 (1) Consultant's Scope of Services and Additional Services. The Consultant's undertaking to perform professional services extends only to the services specifically described in this Agreement. However, if requested by the Client and agreed to by the Consultant, the Consultant will perform Additional Services, which shall be governed by these provisions. Unless otherwise agreed to in writing, the Client shall pay the Consultant for any Additional Services an amount based upon the Consultant's then -current hourly rates plus an amount to cover certain direct expenses including telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Other direct expenses will be billed at 1.10 times cost. (2) Client's Responsibilities. In addition to other responsibilities described herein or imposed by law, the Client shall: (a) Designate in writing a person to act as its representative with respect to this Agreement, such person having complete authority to transmit instructions, receive information, and make or interpret the Client's decisions. (b) Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project including all numerical criteria that are to be met and all standards of development, design, or construction. (c) Provide to the Consultant all previous studies, plans, or other documents pertaining to the project and all new data reasonably necessary in the Consultant's opinion, such as site survey and engineering data, environmental impact assessments or statements, upon all of which the Consultant may rely. (d) Arrange for access to the site and other private or public property as required for the Consultant to provide its services. (e) Review all documents or oral reports presented by the Consultant and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the Consultant. (f) Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and consents from other parties as may be necessary for completion of the Consultant's services. (g) Cause to be provided such independent accounting, legal, insurance, cost estimating and overall feasibility services as the Client may require. (h) Give prompt written notice to the Consultant whenever the Client becomes aware of any development that affects the scope, timing, or payment of the Consultant's services or any defect or noncompliance in any aspect of the project. (i) Bear all costs incidental to the responsibilities of the Client. (3) Period of Services. Unless otherwise stated herein, the Consultant will begin work timely after receipt of a properly executed copy of this Agreement and any required retainer amount. This Agreement is made in anticipation of conditions permitting continuous and orderly progress through completion of the services. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the Consultant does not control. If such delay or suspension extends for more than six months (cumulatively), Consultant's compensation shall be renegotiated. (4) Method of Payment. Compensation shall be paid to the Consultant in accordance with the following provisions: (a) Invoices will be submitted periodically for services performed and expenses incurred. Invoices are due and payable upon presentation. Client shall pay Consultant a time -price differential of one and one-half percent (1.5%) of the outstanding amount of each invoice that is overdue for more than 30 days. The Client shall also pay any applicable sales tax. All retainers will be held by the Consultant for the duration of the project and applied against the final invoice. If the Client fails to make any payment due to the Consultant under this or any other agreement within 30 days after presentation, the Consultant may, after giving notice to the Client, suspend services and withhold deliverables until all amounts due are paid in full and may commence proceedings, including recording liens, to secure its right to payment under this Agreement. (b) If the Client relies on payment or proceeds from a third party to pay Consultant and Client does not pay Consultant's invoice within 60 days of receipt, Consultant may communicate directly with such third party to Kim ep>> Horn Page 11 secure payment. (c) If the Client objects to an invoice, it must advise the Consultant in writing giving its reasons within 14 days of receipt of the invoice or the Client's objections will be waived, and the invoice shall conclusively be deemed due and owing. If the Client objects to only a portion of the invoice, payment for all other portions remains due within 25 days of receipt. (d) The Client agrees that the payment to the Consultant is not subject to any contingency or condition. The Consultant may negotiate payment of any check tendered by the Client, even if the words "in full satisfaction" or words intended to have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt and without prejudicing any right of the Consultant to collect additional amounts from the Client. (5) Use of Documents. All documents, including but not limited to drawings, specifications, reports, and data or programs stored electronically, prepared by the Consultant are related exclusively to the services described in this Agreement, and may be used only if the Client has satisfied all of its obligations under this Agreement. They are not intended or represented to be suitable for use, partial use or reuse by the Client or others on extensions of this project or on any other project. Any modifications made by the Client to any of the Consultant's documents, or any use, partial use or reuse of the documents without written authorization or adaptation by the Consultant will be at the Client's sole risk and without liability to the Consultant, and the Client shall indemnify, defend and hold the Consultant harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees, resulting therefrom. The Consultant's electronic files and source code developed in the development of application code remain the property of the Consultant and shall be provided to the Client only if expressly provided for in this Agreement. Any electronic files not containing an electronic seal are provided only for the convenience of the Client, and use of them is at the Client's sole risk. In the case of any defects in the electronic files or any discrepancies between them and the hardcopy of the documents prepared by the Consultant, the hardcopy shall govern. Because data stored in electronic media format can deteriorate or be modified without the Consultant's authorization, the Client has 60 days to perform acceptance tests, after which it shall be deemed to have accepted the data. (6) Opinions of Cost. Because the Consultant does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its experience and represent its judgment as an experienced and qualified professional, familiar with the industry. The Consultant cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Consultant's services required to bring costs within any limitation established by the Client will be paid for as Additional Services. (7) Termination. The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, or upon thirty days' written notice for the convenience of the terminating party. If any change occurs in the ownership of the Client, the Consultant shall have the right to immediately terminate this Agreement. In the event of any termination, the Consultant shall be paid for all services rendered and expenses incurred to the effective date of termination, and other reasonable expenses incurred by the Consultant as a result of such termination. If the Consultant's compensation is a fixed fee, the amount payable for services will be a proportional amount of the total fee based on the ratio of the amount of the services performed, as reasonably determined by the Consultant, to the total amount of services which were to have been performed. (8) Insurance. The Consultant carries Workers' Compensation insurance, professional liability insurance, and general liability insurance. If the Client directs the Consultant to obtain increased insurance coverage, the Consultant will take out such additional insurance, if obtainable, at the Client's expense. (9) Standard of Care. The standard of care applicable to Consultant's services will be the degree of care and skill ordinarily exercised by consultants performing the same or similar services in the same locality at the time Kimley>>> Horn Page 12 the services are provided. No warranty, express or implied, is made or intended by the Consultant's undertaking herein or its performance of services, and it is agreed that the Consultant is not a fiduciary with respect to the Client. (10) LIMITATION OF LIABILITY. In recognition of the relative risks and benefits of the Project to the Client and the Consultant, the risks have been allocated such that the Client agrees, to the fullest extent of the law, and notwithstanding any other provisions of this Agreement or the existence of applicable insurance coverage, that the total liability, in the aggregate, of the Consultant and the Consultant's officers, directors, employees, agents, and subconsultants to the Client or to anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages whatsoever arising out of, resulting from or in any way related to the services under this Agreement from any cause or causes, including but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract or any warranty, express or implied, of the Consultant or the Consultant's officers, directors, employees, agents, and subconsultants, shall not exceed twice the total compensation received by the Consultant under this Agreement or $50,000, whichever is greater. Higher limits of liability may be negotiated for additional fee. Under no circumstances shall the Consultant be liable for extra costs or other consequences due to changed conditions, or for costs related to the failure of contractors to perform work in accordance with the plans and specifications. This Section 10 is intended solely to limit the remedies available to the Client or those claiming by or through the Client, and nothing in this Section 10 shall require the Client to indemnify the Consultant. (11) Mutual Waiver of Consequential Damages. In no event shall either party be liable to the other for any consequential, incidental, punitive, or indirect damages including but not limited to loss of income or loss of profits. (12) Certifications. The Consultant shall not be required to execute certifications or third -party reliance letters that are inaccurate, that relate to facts of which the Consultant does not have actual knowledge, or that would cause the Consultant to violate applicable rules of professional responsibility. (13) Dispute Resolution. All claims by the Client arising out of this Agreement or its breach shall be submitted first to mediation in accordance with the Construction Industry Mediation Procedures of the American Arbitration Association as a condition precedent to litigation. Any mediation or civil action by Client must be commenced within one year of the accrual of the cause of action asserted but in no event later than allowed by applicable statutes. (14) Hazardous Substances and Conditions. In no event shall Consultant be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. Consultant's services will be limited to professional analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, or remediation. The Consultant shall notify the Client of hazardous substances or conditions not contemplated in the scope of services of which the Consultant actually becomes aware. Upon such notice by the Consultant, the Consultant may stop affected portions of its services until the hazardous substance or condition is eliminated. (15) Construction Phase Services. (a) If the Consultant's services include the preparation of documents to be used for construction and the Consultant is not retained to make periodic site visits, the Client assumes all responsibility for interpretation of the documents and for construction observation, and the Client waives any claims against the Consultant in any way connected thereto. (b) If the Consultant provides construction phase services, the Consultant shall have no responsibility for any contractor's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall Consultant have any authority or responsibility to stop or direct the work of any contractor. The Consultant's visits will be for the purpose of endeavoring to provide the Client a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents prepared by the Consultant. Consultant neither guarantees the performance of contractors, nor assumes responsibility for any contractor's failure to perform its work in accordance with the contract documents. Kim ey>>> Horn Page 13 (c) The Consultant is not responsible for any duties assigned to the design professional in the construction contract that are not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the contractor shall be solely responsible for job site safety and for its means and methods; that the contractor shall indemnify the Client and the Consultant for all claims and liability arising out of job site accidents; and that the Client and the Consultant shall be made additional insureds under the contractor's general liability insurance policy. (16) No Third -Party Beneficiaries; Assignment and Subcontracting. This Agreement gives no rights or benefits to anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole benefit of the Client and the Consultant. The Client shall not assign or transfer any rights under or interest in this Agreement, or any claim arising out of the performance of services by Consultant, without the written consent of the Consultant. The Consultant reserves the right to augment its staff with subconsultants as it deems appropriate due to project logistics, schedules, or market conditions. If the Consultant exercises this right, the Consultant will maintain the agreed -upon billing rates for services identified in the contract, regardless of whether the services are provided by in-house employees, contract employees, or independent subconsultants. (17) Confidentiality. The Client consents to the use and dissemination by the Consultant of photographs of the project and to the use by the Consultant of facts, data and information obtained by the Consultant in the performance of its services. If, however, any facts, data or information are specifically identified in writing by the Client as confidential, the Consultant shall use reasonable care to maintain the confidentiality of that material. (18) Miscellaneous Provisions. This Agreement is to be governed by the law of the State of California. This Agreement contains the entire and fully integrated agreement between the parties and supersedes all prior and contemporaneous negotiations, representations, agreements or understandings, whether written or oral. Except as provided in Section 1, this Agreement can be supplemented or amended only by a written document executed by both parties. Provided, however, that any conflicting or additional terms on any purchase order issued by the Client shall be void and are hereby expressly rejected by the Consultant. Any provision in this Agreement that is unenforceable shall be ineffective to the extent of such unenforceability without invalidating the remaining provisions. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. _ mLl m u /.s.. R • 165' EXISTING R • 1Tb � I 1.4-1CONFOLINDATION �• WITH STREET LIGHT 1 EXISTING STREET LIGHT POLE PEDESTRIAN SIGNAL HEAD •j TO BE REMOVED PTENTIAL LOCATION FOR t2 PEODESTRIAN HYBRID BEACON yt: �� �� CONiR011ER CA8WEi.�in �.�► 1/ CONSTRUCT CASE CCURB RAMA e rINSTALL STOP BAR AIL ORANO AVE •�' r L 'J.—, ``\_R•200' FOR CESIGN SPEED 25 MPH PER HDM FIGURE 2012 6 STOP BAR b T I JJr`rj \ -- JK t' -�j .. 4 e• Yy` : .[ �;CNSTNL,CTFW:iEDCURE PEDESTRIAN HYBRID BEACON EXHIBIT o + o >n • •�=ia NOT FOR CONSTRUCTION CANAL ALLIANCE HEADQUARTERS 3 JULY2023 CROSSWALK FEASIBILITY STUDY Kimley»>Hormz-- Kimley»)Horn Rate Schedule Rates valid through 6/30/2025 CategoryStaff Admin Support $110 - $140 Sr. Admin Support $120 - $1S0 Project Support $120 - $1S0 Sr. Project Support $150 - $170 CADD Technician $125 - $150 Sr. CADD Technician $140 - $170 Technical Support $125 - $145 Sr. Technical Support $140 - $175 Analyst 1 $135 - $150 Analyst II $140 - $160 Analyst III $150 - $170 Engineer/Planner 1 $160 - $180 Engineer/Planner 11 $170 - $195 Engineer/Planner III $180 - $205 Engineer/Planner IV $190 - $230 Engineer/Planner V $230 - $250 Sr. Engineer/Sr. Planner 1 $240 - $270 Sr. Engineer/Sr. Planner 11 $260 - $290 Sr. Engineer/Sr. Planner 111 $280 - $310 Sr. Engineer/Sr. Planner IV $290 - $330 Sr. Engineer/Sr. Planner V $320 - $350 Sr. Engineer/Sr. Planner VI $340 - $370 Sr. Engineer/Sr. Planner VII $360 - $390 PIC/Sr. Tech Advisor $370 - $400 Other Direct Costs: Outside printing/reproduction, delivery services/USPS, misc field equipment/supplies, tolls and travel expenses will be billed at actual cost. Mileage will be billed at the Federal Rate. Task Order 125 - KH Francisco East Crossing Final Audit Report 2024-08-02 Created: 2024-07-15 By: Shannon Mackie (shannon.mackle@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAB5WgOnZXuCP9yDcloyQ9gjfhxgajnHeY "Task Order 125 - KH Francisco East Crossing" History Document created by Shannon Mackie (shannon.mackle@cityofsanrafael.org) 2024-07-15 - 6:29:39 PM GMT- IP address: 199.88.89.34 24 Document emailed to Kwasi Akwabi (kwasi.akwabi@kimley-horn.com) for signature 2024-07-15 - 6:35:10 PM GMT Email viewed by Kwasi Akwabi (kwasi.akwabi@kimley-horn.com) 2024-07-15 - 6:55:43 PM GMT- IP address: 134.238.199.93 P-4 New document URL requested by Kwasi Akwabi (kwasi.akwabi@kimley-horn.com) 2024-08-02 - 6:17:42 PM GMT- IP address: 165.1.214.167 Email viewed by Kwasi Akwabi (kwasi.akwabi@kimley-horn.com) 2024-08-02 - 6:18:07 PM GMT- IP address: 165.1.214.167 6o Document e-signed by Kwasi Akwabi (kwasi.akwabi@kimley-horn.com) Signature Date: 2024-08-02 - 6:22:07 PM GMT - Time Source: server- IP address: 165.1.214.167 CE- Document emailed to kevin.aguigui@kimley-horn.com for signature 2024-08-02 - 6:22:09 PM GMT Email viewed by kevin.aguigui@kimley-horn.com 2024-08-02 - 6:23:13 PM GMT- IP address: 172.59.128.154 d® Signer kevin.aguigui@kimley-horn.com entered name at signing as Kevin Aguigui 2024-08-02 - 7:16:41 PM GMT- IP address: 134.238.198.140 60Document e-signed by Kevin Aguigui (kevin.aguigui@kimley-horn.com) Signature Date: 2024-08-02 - 7:16:43 PM GMT - Time Source: server- IP address: 134.238.198.140 Agreement completed. 2024-08-02 - 7:16:43 PM GMT J SAN RAFAEL Adobe,� Acrobat Sign 40p,� RAF,q�` ? 2 y0 /rY y WITH Pl 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 Mariana Sanchez) Extension: 3353 Contractor Name: Kimley-Horn Contractor's Contact: Chadi Chazbek Contact's Email: chadi.chazbek@kimley-horn.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 7/3/2024 Attorney c/o Laraine.Gittens@cityofsanrafael.org MSM 2 City Attorney a. Review, revise, and comment on draft agreement 7/12/2024 and return to Project Manager 7/12/2024 ❑X NT b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor ❑X NT 3 Department Director Approval of final agreement form to send to 7/15/2024 M AM contractor 4 Project Manager Forward three (3) originals of final agreement to 7/15/2024 2:1 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 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 8/5/24 SM 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 (for Public Works Contracts) 9 City Manager / Mayor Agreement executed by City Council authorized official Attest signatures, retains original agreement and 10 City Clerk forwards copies to Project Manager Task Order 125 - Kimley-Horn & Associates - Francisco Blvd East Mid Block Crossing Design Final Audit Report 2024-08-09 Created: 2024-08-05 By: Nataly Torres (nataly.torres@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAA7JTtOT-OIDNcPb7Bbh nkNZFB-6KI06 "Task Order 125 - Kimley-Horn & Associates - Francisco Blvd E ast Mid Block Crossing Design" History Document created by Nataly Torres (nataly.torres@cityofsanrafael.org) 2024-08-05 - 11:21:41 PM GMT- IP address: 199.88.113.8 . Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval 2024-08-05 - 11:23:05 PM GMT & Document shared with Shannon Mackie (sh an non. mackle@cityofsanrafael.org) by Nataly Torres (nataly.torres@cityofsanrafael.org) 2024-08-05 - 11:23:32 PM GMT- IP address: 199.88.113.8 Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2024-08-05 - 11:56:02 PM GMT- IP address: 104.47.64.254 Gip Document approved by Laraine Gittens (laraine.gittens@cityofsanrafael.org) Approval Date: 2024-08-06 - 0:01:58 AM GMT - Time Source: server- IP address: 199.88.113.8 P'y Document emailed to rob.epstein@cityofsanrafael.org for signature 2024-08-06 - 0:02:01 AM GMT Email viewed by rob.epstein@cityofsanrafael.org 2024-08-06 - 7:40:28 AM GMT- IP address: 104.28.40.174 rS© Signer rob.epstein@cityofsanrafael.org entered name at signing as Robert F. Epstein 2024-08-06 - 8:14:08 AM GMT- IP address: 104.28.40.169 6© Document e-signed by Robert F. Epstein (rob. epstei n@cityofsanrafael.org) Signature Date: 2024-08-06 - 8:14:10 AM GMT - Time Source: server- IP address: 104.28.40.169 SAN RAFAEL Powered by I Adobe ""-''Y 11 -" A 1-1 °" Acrobat Sign E' Document emailed to city. clerk@cityofsanrafael.org for approval 2024-08-06 - 8:14:12 AM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-08-06 - 2:22:55 PM GMT- IP address: 104.47.64.254 &0 Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi 2024-08-06 - 2:23:06 PM GMT- IP address: 199.88.113.8 GSo Document approved by Brenna Nurmi(city.clerk@cityofsanrafael.org) Approval Date: 2024-08-06 - 2:23:08 PM GMT - Time Source: server- IP address: 199.88.113.8 -► Document emailed to cristine.alilovich@cityofsanrafael.org for signature 2024-08-06 - 2:23:10 PM GMT Nataly Torres(nataly.torres@cityofsanrafael.org) added alternate signer John Stefanski (John.Stefanski@cityofsanrafael.org). The original signer cristine.alilovich@cityofsanrafael.org can still sign. 2024-08-06 - 7:07:49 PM GMT- IP address: 199.88.113.8 P4 Document emailed to John Stefanski (John.Stefanski@cityofsanrafael.org) for signature 2024-08-06 - 7:07:49 PM GMT Email viewed by John Stefanski (John.Stefanski@cityofsanrafael.org) 2024-08-06 - 7:22:49 PM GMT- IP address: 199.88.113.8 6-30 Document e-signed by John Stefanski (John.Stefanski@cityofsanrafael.org) Signature Date: 2024-08-09 - 0:23:06 AM GMT - Time Source: server- IP address: 199.88.113.8 P� Agreement completed. 2024-08-09 - 0:23:06 AM GMT SAN RAFAEL Powered by I Adobe me=:rvhinH A rAiss[ori Acrobat Sign