HomeMy WebLinkAboutPW Third Street at Hetherton Street ImprovementsAgenda Item No: 4.l
Meeting Date: July 15, 2019
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Bill Guerin,
Director of Public Works
City Manager Approval: __________
File No.: 18.01.83
TOPIC: THIRD STREET AT HETHERTON STREET IMPROVEMENTS
SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH KIMLEY-
HORN AND ASSOCIATES, INC. FOR ADDITIONAL ENVIRONMENTAL
SERVICES ASSOCIATED WITH THE THIRD STREET AT HETHERTON
STREET IMPROVEMENTS PROJECT IN THE AMOUNT OF $13,096.19, FOR
A TOTAL NOT TO EXCEED AMOUNT OF $78,000.
RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute an
amendment to the professional services agreement with Kimley-Horn and Associates, Inc. for
additional environmental services in an amount not to exceed $13,096.19, for a total not-to-
exceed amount of $78,000.
BACKGROUND: The intersection of Third Street and Hetherton Street is one of the most
heavily congested locations in San Rafael, and highly traversed by pedestrians traveling
between the Montecito neighborhood, Downtown San Rafael, the Caltrans Park-and-Ride lots,
and the San Rafael Transit Center. Throughout 2017, the City, utilizing a consultant, studied the
intersection for safety improvements and obtained a federal grant to offset some of the costs
associated with the proposed improvements. Most recently, in November 2018, the City Council
awarded an engineering design contract to Kimley-Horn and Associates to prepare the
construction drawings and obtain environmental clearance.
Design and environmental work progressed rapidly during the first six months of 2019. As the
Hetherton Street corridor is within State of California (i.e., Caltrans) right-of-way, the City is
required to obtain an encroachment permit to construct the improvements. Staff continue to
coordinate with Caltrans to address questions and fine tune the design such that a permit can
be issued during summer/fall 2019.
Concurrently with the permitting process, the design team continues to diligently work on and
seek approval of environmental documents, most notably within the realm of cultural resources
(i.e., archaeology).
____________________________________________________________________________________
FOR CITY CLERK ONLY
File No.: 4-3-772
Council Meeting: 07/15/2019
Disposition: Resolution 14699
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
ANALYSIS: Due to the high sensitivity for prehistoric and historical archaeological resources,
the design team retained a qualified archaeologist to prepare documents required by Caltrans
staff. When the City retained the design team in 2018, it was assumed that prior Caltrans-
required archaeological work conducted near the intersection of Third Street at Hetherton Street
could be leveraged to minimize the need for additional reports to satisfy Caltrans archaeology
requirements. After further coordination, and staff turnover within Caltrans, it has become
necessary to produce additional archaeological reports and seek approval from the State
Historic Preservation Office to satisfy National Environmental Policy Act (NEPA) requirements
and clear the project for construction.
The attached resolution (Attachment 1) would authorize the City Manager to execute a first
amendment to the professional services agreement to increase both the scope of work and
compensation for furnishing additional archaeological reports and to coordinate with Caltrans
staff involved in environmental clearance and encroachment permitting.
FISCAL IMPACT: The consultant’s proposal of $13,096.19 will be paid for through Gas Tax
Funds (fund no. 206) as the small amount of federal funding earmarked for design purposes has
been exhausted.
OPTIONS:
1. Adopt the resolution as presented.
2. The City Council may decline to approve the resolution resulting in a project that cannot
obtain environmental clearance. If the City does not advance the project into
construction, we will be required to pay back the State of California for all funds utilized
to date for design and environmental clearance.
3. The City Council may defer action and request staff to provide further information or
modifications at a future Council meeting.
RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute an
amendment to the professional services agreement with Kimley-Horn and Associates, Inc. for
additional environmental services in an amount not to exceed $13,096.19, for a total not to
exceed amount of $78,000.
ATTACHMENT:
1. Resolution
2. First Amendment to Agreement and corresponding Exhibit A
1
RESOLUTION NO. 14699
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
FIRST AMENDMENT TO THE AGREEMENT WITH KIMLEY-HORN AND
ASSOCIATES, INC. FOR ADDITIONAL ENVIRONMENTAL SERVICES
ASSOCIATED WITH THE THIRD STREET AT HETHERTON STREET
IMPROVEMENTS PROJECT, CITY PROJECT NO. 11320, IN THE AMOUNT
OF $13,096.19, FOR A TOTAL NOT TO EXCEED AMOUNT OF $78,000
WHEREAS, the Third Street and Hetherton Street intersection is one of the
busiest intersections in San Rafael; and
WHEREAS, the City previously retained Kimley-Horn and Associates, Inc.
(Kimley-Horn) to study the Third Street at Hetherton Street intersection and determine
what improvements can be made to improve pedestrian safety and traffic capacity; and
WHEREAS, on July 2, 2018, City staff and Kimley-Horn presented their findings
to the San Rafael City Council, who approved proceeding with the design of the
proposed improvements at this intersection; and
WHEREAS, pursuant to City Council Resolution No. 14597, the City of San
Rafael entered into a Professional Services Agreement dated November 7, 2018 with
Kimley-Horn for engineering design and environmental services for the Third Street at
Hetherton Street Improvements Project, in an amount not to exceed $64,903.81; and
WHEREAS, the City requires additional environmental services to obtain
environmental clearance and coordinate with Caltrans staff, and Kimley-Horn has
submitted a proposal to provide such services; and
WHEREAS, staff has reviewed Kimley-Horn’s proposal and found it to be
complete and within industry standards;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLVES as follows:
FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
KIMLEY-HORN AND ASSOCIATES, INC. FOR PROFESSIONAL SERVICES FOR THE
THIRD STREET AT HETHERTON STREET IMPROVEMENTS PROJECT
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 day of
J , 2019.
Rl=riTei c
WHEREAS, pursuant to City Council Resolution No. 14597, the CITY and
CONSULTANT entered into a Professional Services Agreement dated November 7, 2018 for
design services associated with the Third Street at Hetherton Street Improvements Project
(the "Project") in an amount not to exceed $64,903.81 (the "Agreement"); and
WHEREAS, CITY requires additional environmental 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 "STATEMENT OF WORK," is hereby
amended to include the additional services set forth in CONSULTANT's
proposal entitled "Proposal for Additional Environmental Services for the Third
Street and Hetherton Street Intersection Improvements" dated June 19, 2019,
attached to this First Amendment as Exhibit "A" and incorporated herein by
reference.
2. Article V of the Agreement, entitled "ALLOWABLE COSTS AND PAYMENTS,"
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 a not -to -exceed amount of
$13,096.19, and to change the total not -to -exceed amount under Paragraph H
to $78,000.00. Such additional compensation shall be paid at the hourly rates
for CONSULTANT set forth in Exhibit "B" of the Agreement.
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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.
IN WITNESS WHEREOF, the parties have executed this First Amendment on the day,
month, and year first above written.
CITY OF SAN RAFAEL
JIM "TZ, Cit M nager
ATTEST:
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LINDSAY LARA, City Clerk
APPROVED AS TO FORM:
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KIMLEY-HORN AND ASSOCIATES, INC.
By:
Name:
Title of Corporate Officer: ,*X7AA7-
and
By:
Name:�j,l
Title of Corporate Officer:h,,,. S A Y
Kimley >>> Horn
June 19, 2019
Hunter Young, P.E.
Senior Civil Engineer
City of San Rafael
111 Morphew Street
San Rafael, CA 94901
EXHIBITA
Re: Proposal for Additional Environmental Services for the Third Street and Netherton Street
Intersection Improvements
Dear Hunter:
Kimley-Horn and Associates, Inc. (Kimley-Horn) is pleased to submit this proposal to provide additional
professional services for the above referenced project at the City's request in order to secure environmental
clearance for the project and resolve encroachment permitting comments from Caltrans staff.
Background
The City of San Rafael proposes improvements at the intersection of Third Street and Netherton Street in order
to resolve conflicts between pedestrians and vehicles at the intersection. Caltrans is the lead agency, under
delegated authority from the Federal Highway Administration, to approve of the City's compliance with
National Policy Environmental Act (NEPA) requirements. Without NEPA environmental clearance, the City's
project will not be permitted to enter construction.
The Third Street and Hetherton Street intersection partially overlaps an archaeological site, known as CA -MRN -
711/H, containing historic and prehistoric artifacts. CA -MRN -711/H was excavated in 2012 and again in 2015 as
part of prior City projects along Netherton Street. Excavation results suggested that the site consists of
disturbed soils and did not have sufficient information potential to make it eligible to the National Register of
Historic Places. Based on this prior data, Archaeological/Historical Consultants (A/HC), subconsultant to Kimley-
Horn, proposed archaeological monitoring only for the current project. However, after discussion with Caltrans,
it has become evident that work cannot proceed without a formal determination by the State Historic
Preservation Office (SHPO) as to whether or not CA -MRN -711/H is eligible for the National Register. This
determination is required to demonstrate compliance with NEPA, the California Environmental Quality Act of
1970 (CEQA), and Section 106 of the National Historic Preservation Act (NHPA) of 1966, as amended (16 USC
470).
To support this approach, Caltrans is now requiring a Phase II Archaeological Evaluation Report (AER) for the
project, which report was not anticipated by the design team when the project scope was developed. The AER
provides the basis for determining whether a site is eligible for inclusion in the National Register or is a historical
resource under CEQA. It also may document whether the proposed project will adversely affect eligible
properties. To accomplish this, the report describes the fieldwork, data analyses undertaken, and the
conclusions derived from them.
Based on this information, the AER also demonstrates that the site does—or does not—possess the additional
information potential to address significant research questions. For this project, the AER will analyze the results
of the 2012 Puerto Suello excavations and the 2015 Regional Transportation System Enhancement excavations,
Kimley>>>Horn
including a detailed presentation of excavation locations, soil types, and artifacts found. We believe that the
analysis will support the conclusion that the site is not eligible for the National Register.
Additional Scope of Services
The Kimley-Horn team will prepare a Phase II AER. This report and its findings will be submitted to Caltrans in
draft format for review. We will respond to Caltrans comments and submit a final Phase II AER to the City and
Caltrans. Once the AER is approved by Caltrans, it will forwarded to SHPO, who then will have a 30 -day period
to concur or disagree with the findings of the study.
As the Third Street and Netherton Street intersection is within State of California right of way, the City is
required to obtain a Caltrans encroachment permit to perform the construction work. This scope of services
includes providing additional permitting assistance, as requested by the City, should Caltrans reviewers require
minor re -work of the proposed design beyond that included in the original contract scope of services.
Schedule
Kimley-Horn is prepared to begin work immediately upon receipt of the notice to proceed (NTP) and we will
deliver the Phase 11 AER within three weeks after NTP.
Fee and Billing
Kimley-Horn will provide the above additional Scope of Services on a labor fee plus expense basis not to exceed
$13,096.19, increasing the total not to exceed contract amount to $78,000.00. Kimley-Horn will provide these
services on a time -and -materials basis and all labor fee will be billed per the rates in the current professional
services contract.
We look forward to the opportunity to continue to serve the City. Please do not hesitate to contact me at (510)
350-0217 if you have any questions.
Thank you,
KIMLEY-HORN AND ASSOCIATES, INC.
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Kevin Aguigui, PE, CSEP
Project Manager
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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: Hunter Young Extension: 3408
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
DATE
Check/Initial
a. Email PINS Introductory Notice to Contractor
Click here to
❑x
1 Project Manager
enter a date.
b. Email contract (in Word) and attachments to City
Attorney c/o Laraine.Gittens@cityofsanrafael.org
6/20/2019
❑X HY
2
City Attorney
a. Review, revise, and comment on draft agreement
6/21/2019
❑x LG
and return to Project Manager
b. Confirm insurance requirements, create Job on
6/21/2019
❑x LG
Department Director
PINS, send PINS insurance notice to contractor
3
Approval of final agreement form to send to
6/24/2019
contractor
4
_
Project Manager
Forward three (3) originals of final agreement to
6/24/2019
❑X HY
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 HY
Agreements and purchases of goods and services that exceed
Or
$75,000; and for Public Works Contracts that exceed $175,000
7/15/2019
Date of City Council approval
6/27/2019
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
6
Project Manager
Forward signed original agreements to City
D HY
City Attorney
Attorney with printed copy of this routing form
711
7
Review and approve hard copy of signed
agreement
8
City Attorney
Review and approve insurance in PINS , and bonds
-7/1-7
(for Public Works Contracts)
7
l
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
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