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HomeMy WebLinkAboutCC Resolution 12731 (3rd & Union St. Impr.)RESOLUTION NO. 12731 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE JUNE 16, 2003 AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. TO EXPAND THE SCOPE OF WORK FOR THE THIRD STREET AND UNION STREET IMPROVEMENTS PROJECT IN THE AMOUNT OF 14,500, FOR A TOTAL AMOUNT NOT TO EXCEED $137,064. WHEREAS, the City Council adopted Resolution number 11340 on June 16, 2003 authorizing the Director of Public Works to enter into a professional services agreement with Kimley-Horn and Associates, Inc. to design the Third and Union Streets intersection improvements; and WHEREAS, the City is obligated to pay $122,564 to date to Kimley-Horn and Associates, Inc. in connection with the design of the Third and Union Streets intersection improvements; and WHEREAS, an additional $14,500 is needed for Kimley-Horn and Associates, Inc. to provide construction support for the Third and Union Street intersection improvements, and has already been allocated from City Traffic Mitigation Fee fund; and WHEREAS, staff received a proposal from Kimley-Horn and Associates Inc. for professional traffic and civil engineering services for the additional scope of work in an amount not to exceed $14,500.00 ( Exhibit "A" to the Amendment); and WHEREAS, staff has reviewed their proposal and found it to be complete and within industry standards. NOW THEREFORE, BE IT RESOLVED that City Council of the City of San Rafael hereby approves and authorizes the City Manager to execute an amendment to the agreement between Kimley-Horn and Associates, Inc. and the City, in the form attached hereto, expanding the scope of services under the agreement in the amount of $14,500, for a total cost not to exceed $137,064.00. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 0' day of May, 2009, by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk File No.: 18.01.66 AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES CONTRACT WITH KIMLEY-HORN AND ASSOCIATES, INC. TO EXPAND THE SCOPE OF WORK FOR THIRD STREET AND UNION STREET IMPROVEMENT PROJECT FOR AN AMOUNT NOT TO EXCEED $14,500.00. WHEREAS, KIMLEY-HORN AND ASSOCIATES, INC. ("CONTRACTOR"), a Civil and Traffic Engineering Consultant, entered into an Agreement (dated June 16, 2003) with the City of San Rafael ("CITY") for civil and traffic engineering consulting services to design and prepare plans and specifications for intersection and traffic signal improvements at Third Street and Union Street; and WHEREAS, due to the complexity of the project, the agreement with CONTRACTOR was amended to increase the amount of design services and preparation of the plans and specifications for the intersection and traffic signal improvements at Third Street and Union Street; and WHEREAS, CITY has determined that the need exists to expand the scope of CONTRACTOR's work under the original agreement and amendment, in order to provide construction support; and WHEREAS, CONTRACTOR is willing and able to perform the additional scope of work required by the CITY at an additional cost; and WHEREAS, CONTRACTOR and CITY are agreeable to a revision in the existing agreement to increase the scope of work and perform additional duties; and NOW THEREFORE, CONTRACTOR and CITY agree to amend their Agreement for Professional Services, dated June 16, 2003, as follows: Section 5 of the original agreement is amended to read as follows: "5. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR on a time and materials basis for services rendered in accordance with the rates shown on the current fee schedule as described in Exhibits "A" attached and incorporated herein. The total payment made for any individual work task will not exceed the amounts shown on the Proposal Budgets, set out in Exhibit "A". 2. The last sentence of Section 3 of the original agreement is amended to read as follows: "CONTRACTOR also agrees to perform the additional services specified in a letter dated April 15, 2009, Exhibit "A", attached hereto and incorporated herein." All other terms and conditions of the original Agreement not otherwise modified by this Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment to Agreement with Kimley-Horn and Associates, Inc. as of the 4°i day of May, 2009. CITY OF SAN RAFAEL ,1 KEN NORDHOFF CITY MANAGER ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN, City Attorney IN CONTRACTOR BY -e"' .,- MLEY- SSOCIATES, INC ANUSH440A, ' /� � lGmley-Nom 1► and Associates, Inc. April 15, 2009 Mr. Nader Mansourian, P.E. • City Traffic Engineer 555121h street City of San Rafael Suite 1230Oakland, Cali(omia 111 Morphew Street 94607 San Rafael, CA 94915-1560 RE: Third Street and Union Street Improvements Additional Services for Construction Support Dear Nader: Based on your request, Kimley-Horn and Associates, Inc. (Kimley-Horn) has prepared the following scope of services and estimated fee for additional services to provide construction support. Kimley-Horn team can assist the City with construction support services that include the following: ■ Assist in and attend the pre -construction conference ■ Attend up to four (4) regular construction progress meetings ■ Providing clarification to the contract documents as requested by the City ■ Reviewing shop drawings and submittals as required in the special provisions and City responses to request for information (RFI) ■ Reviewing and providing recommendations regarding change order proposals and requests for additional payment related to design changes ■ Preparation of a substantial completion punch list Construction support services will be provided on a time and materials basis, based on hourly billing rates, up to the maximum number of hours as indicated in the attached "level of effort" table. Additional services will be provided if requested by the City, subject to additional fee. In addition to the above items, Kimley-Horn is requesting compensation for the right-of-way plat and legal description prepared by Mountain Pacific Surveys and used by the City to complete the adjustment of right-of-way on Third Street and Union Street. SERVICES PROVIDED BYTHE CITY The City of San Rafael will be responsible for the following items: 1. Construction staking. 2. Signal timing implementation. 3. Coordination with the property owners and private utility companies. 4. Provide all inspection and construction management services for the project. 5. Preparation of as -build drawings. 6. All other services not specifically included in Kimley-Horn's scope of services. ■ TEL 5112 EXHIBIT A FAX 5i0 625 OU5070714 ©� E�Ney-Hom _n a o es, Ino: Mr. Nader Mansourian April 15, 2009 Page 2 Please sign below and return the one copy for our file. Upon receipt of your approval, Kimley- Hom will increase our current project budget by $14,500 to a revised total of $137,000. If you have any questions or need additional information, please do not hesitate to call me or Anush Nejad at 510-625-0712. Sincerely yours, K WEYWORNAND ASSOCIATES, INC. Daniel Blomquist, P.E. Project Manager RC.E. ##65875 Encl: Level of Effort Table cc: Project Folder dtb ACc;r,r 1 rli: LO Title Date