AGREEMENT
FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF SALINAS AND KIMLEY-
HORN AND ASSOCIATES, INC
SALINAS
RICH IN LAND | RICH IN VALUES
Form: Professional Services Agreement v. January 2021 Page 1 of 16 Kimley-Horn and Associates, Inc
April, 2022
Contents
RECITALS .... 4
TERMS
1. Scope of Service. 4
2. Term; Completion Schedule... • 4
3. Compensation.. .. 4
4. Billing. 4
5. Meet & Confer. 5
6. Additional Copies.
7. Responsibility of Consultant.
8. Responsibility of City.
9. Acceptance of Work Not a Release. 6
10. Indemnification and Hold Harmless. 6
11. Insurance.. 6
12. Access to Records... 6
13. Non-Assignability. 6
14. Changes to Scope of Work... 7
15. Ownership of Documents. 7
16. Termination. 7
17. Compliance with Laws, Rules, and Regulations. 8
18. Exhibits Incorporated .. 8
19. Independent Contractor. .. 8
20. Integration and Entire Agreement... .. 8
21. Jurisdiction and Venue. .. 8
22. Severability .. 9
23. Notices. .. 9
24. Nondiscrimination .. 9
25. Conflict of Interest. . 10
26. Headings. . 10|
27. Attorneys' Fees . 10
28. Non-Exclusive Agreement 10
29. Rights and Obligations Under Agreement. .. 10
30. Licenses.... . 10|
31. Counterparts... 10
Form: Professional Services Agreement v. January 2021 Page 2 of 16 Kimley-Horn and Associates, Inc
April, 2022
32. Legal Representation. .. 10
33. Joint Representation. .. Il
34. Warranty of Authority. . 11
35. No Waiver of Rights. .. 11
Exhibit A- Insurance Requirements... .. 12
Exhibit B- Scope of Service. .. 15
Form: Professional Services Agreement v. January 2021 Page 3 of 16 Kimley-Horn and Associates, Inc
April, 2022
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SALINAS AND KIMLEY-HORN AND ASSOCIATES, INC This Agreement for Professional Services (the "Agreement" and/or "Contract") is made and entered into this 12th day of April, 2022, between the City of Salinas, a California Charter city and municipal corporation (hereinafter "City"), and KIMLEY-HORN AND ASSOCIATES, INC, a North Carolina corporation, (hereinafter "Consultant").
RECITALS
WHEREAS, Consultant represents that he, she, or it is specially trained, experienced, and competent to perform the special services which will be required by this Agreement; and WHEREAS, Consultant is willing to render such professional services, as hereinafter defined, on the following terms and conditions.
WHEREAS, the City entered into an on call professional service agreement with Kimley-Horn and Associates (KHA) and KHA prepared the Step 1 analysis, therefor staff is recommending that City Council approve a professional service agreement with KHA to complete the ICE Step 2 at US 101 Southbound Ramps at Airport Boulevard / Terven Avenue.
NOW, THEREFORE, City and Consultant agree as follows:
TERMS
Scope of Service. The project contemplated and the scope of Consultant's services are described in Exhibit B, attached hereto and incorporated herein by reference.
Term; Completion Schedule. This Agreement shall commence on April 12, 2022, and Shal Termi Completion sch, oke shall terminate on December 31, 2024, unless extended in writing by either party upon (30) days written notice. This Agreement may be extended only upon mutual written consent of the parties, and may be terminated only pursuant to the terms of this Agreement.
3. Compensation. City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation as set forth in Exhibit B. The total amount of compensation to be paid under this Agreement shall not exceed one hundred seventy-three thousand, three hundred dollars ($173,300).
4. Billing. Consultant shall submit to City an itemized invoice, prepared in a form satisfactory to City, describing its services and costs for the period covered by the invoice.
Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant's bills shall include the following information to which such services cost or pertain:
Form: Professional Services Agreement v. January 2021 Page 4 of 16 Kimley-Horn and Associates, Inc
April, 2022
(A) A brief description of services performed;
(B) The date the services were performed;
(C) The number of hours spent and by whom;
(D) A brief description of any costs incurred; and
(E) The Consultant's signature.
Any such invoices shall be in full accord with any and all applicable provisions of this Agreement.
City shall make payment on each such invoice within thirty (30) days of receipt; provided, however, that if Consultant submits an invoice which is incorrect, incomplete, or not in accord with the provisions of this Agreement, City shall not be obligated to process any payment to Consultant until thirty (30) days after a correct and complying invoice has been submitted by Consultant. The City shall process undisputed portion immediately. uri Meet & Confer. Consultant agrees to meet and confer with City or its agents or employees with regard to services as set forth herein as may be required by the City to ensure timely and adequate performance of the Agreement.
6. Additional Copies. If City requires additional copies of reports, or any other material which Consultant is required to furnish as part of the services under this Agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the actual costs related to the production of such copies by Consultant.
Responsibility of Consultant. By executing this Agreement, Consultant agrees that the services to be provided and work to be performed under this Agreement shall be performed in a fully competent manner. By executing this Agreement, Consultant further agrees and represents to City that the Consultant possesses, or shall arrange to secure from others, all of the necessary professional capabilities, experience, resources, and facilities necessary to provide the City the services contemplated under this Agreement and that City relies upon the professional skills of Consultant to do and perform Consultant's work. Consultant further agrees and represents that Consultant shall follow the current, generally accepted practices in this area to the profession to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the projects for which the services are rendered under this Agreement.
Responsibility of City. To the extent appropriate to the projects to be completed by Consultant pursuant to this Agreement, City shall:
(A) Assist Consultant by placing at its disposal all available information pertinent to the projects, including but not limited to, previous reports and any other data relative to the projects. Nothing contained herein shall obligate City to incur any expense in connection with completion of studies or acquisition of information not otherwise in the possession of City.
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April, 2022
(B) Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by Consultant, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the services of Consultant.
(C) Steve Carrigan, City Manager, or his designee, shall act as City's representative with respect to the work to be performed under this Agreement. Such person shall have the complete authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to materials, equipment, elements, and systems pertinent to Consultant's services. City may unilaterally change its representative upon notice to the Consultant.
(D) Give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any defect in a project.
9. Acceptance of Work Not a Release. Acceptance by the City of the work to be performed under this Agreement does not operate as a release of Consultant from professional responsibility for the work performed.
10. Indemnification and Hold Harmless. Consultant agrees to indemnify, including the cost to defend, City and its officers, officials, employees, and volunteers from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and its employees or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of the City; and does not apply to any passive negligence of the City unless caused at least in part by the Consultant (aka Design Professional).
11. Insurance. Consultant shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Exhibit A hereto.
Access to Records. Consultant shall maintain all preparatory books, records, documents, accounting ledgers, and similar materials including but not limited to calculation and survey notes relating to work performed for the City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representatives) of City shall have access to such records for the purpose of inspection, audit, and copying at reasonable times during Consultant's usual and customary business hours.
Consultant shall provide proper facilities to City's representatives) for such access and inspection.
Non-Assignability. It is recognized by the parties hereto that a substantial inducement to City for entering into this Agreement was, and is, the professional reputation and competence of Consultant. This Agreement is personal to Consultant and shall not be assigned by it without express written approval of the City.
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April, 2022
14. Changes to Scope of Work. City may at any time, and upon a minimum of ten (10) days written notice, seek to modify the scope of services to be provided for any project to be completed under this Agreement. Consultant shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Upon agreement between City and Consultant as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes.
Execution of the amendment by City and Consultant shall constitute the Consultant's notice to proceed with the changed scope.
15. Ownership of Documents. Title to all final documents, including drawings, specifications, data, reports, summaries, correspondence, photographs, computer software (if purchased on the City's behalf, video and audio tapes, software output, and any other materials with respect to work performed under this Agreement shall vest with City at such time as City has compensated Consultant, as provided herein, for the services rendered by Consultant in connection with which they were prepared. City agrees to hold harmless and indemnify the Consultant against all damages, claims, lawsuits, and losses of any kind including defense costs arising out of any use of said documents, drawings, and/or specifications on any other project without written authorization of the Consultant.
16. Termination.
(A) City shall have the authority to terminate this Agreement, upon ten days written notice to Consultant, as follows:
(1) If in the City's opinion the conduct of the Consultant is such that the interest of the City may be impaired or prejudiced, or
(2) For any reason whatsoever.
(B) Upon termination, Consultant shall be entitled to payment of such amount as fairly compensates Consultant for all work satisfactorily performed up to the date of termination based upon the Consultant's rates shown in Exhibit B and/or Section 3 of this Agreement, except that:
(1) In the event of termination by the City for Consultant's default, City shall deduct from the amount due Consultant the total amount of additional expenses incurred by City as a result of such default. Such deduction from amounts due Consultant are made to compensate City for its actual additional costs incurred in securing satisfactory performance of the terms of this Agreement, including but not limited to, costs of engaging another consultants) for such purposes. In the event that such additional expenses shall exceed amounts otherwise due and payable to Consultant hereunder, Consultant shall pay City the full amount of such expense. (C) In the event that this Agreement is terminated by City for any reason, Consultant shall:
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April, 2022
(1) Upon receipt of written notice of such termination promptly cease all services on this project, unless otherwise directed by City; and (2) Deliver to City all documents, data, reports, summaries, correspondence, photographs, computer software output, video and audio tapes, and any other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. Such material is to be delivered to City in completed form; however, notwithstanding the provisions of Section 15 herein, City may condition payment for services rendered to the date of termination upon Consultant's delivery to the City of such material.
(D) In the event that this Agreement is terminated by City for any reason, City is hereby expressly permitted to assume the projects and complete them by any means, including but not limited to, an agreement with another party.
(E) The rights and remedy of the City and Consultant provided under this Section are not exclusive and are in addition to any other rights and remedies provided by law or appearing in any other section of this Agreement.
Compliance with Laws, Rules, and Regulations. Services performed by Consultant pursuant to this Agreement shall be performed in accordance and full compliance with all applicable federal, state, and City laws and any rules or regulations promulgated thereunder.
Exhibits Incorporated. All exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference. In the event there is a conflict between any of the terms of this Agreement and any of the terms of any exhibit to the Agreement, the terms of the Agreement shall control the respective duties and liabilities of the parties.
19. Independent Contractor. It is expressly understood and agreed by both parties that Consultant, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the City. Consultant expressly warrants not to represent, at any time or in any manner, that Consultant is an employee or servant of the City.
20. Integration and Entire Agreement. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters contained herein. This Agreement may not be modified or altered except by amendment in writing signed by both parties.
21. Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, County of Monterey, and City of Salinas.
Jurisdiction of litigation arising from this Agreement shall be in the State of California, in the County of Monterey or in the appropriate federal court with jurisdiction over the matter.
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April, 2022
22. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insotar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
23. Notices.
(A) Written notices to the City hereunder shall, until further notice by City, be addressed to:
City Manager
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
With a copy to:
City Attorney
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
(B) Written notices to the Consultant shall, until further notice by the Consultant, be addressed to:
Sean Houck, P.E.
Kimley-Horn and Associates, Inc.
555 Capitol Mall, Suite 300
Sacramento, CA 95814
(C) The execution of any such notices by the City Manager shall be effective as to Consultant as if it were by resolution or order of the City Council, and Consultant shall not question the authority of the City Manager to execute any such notice. (D) All such notices shall either be delivered personally to the other party's designee named above, or shall be deposited in the United States Mail, properly addressed as aforesaid, postage fully prepaid, and shall be effective the day following such deposit in the mail.
24. Nondiscrimination. During the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability. Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability.
Form: Professional Services Agreement v. January 2021 Page 9 of 16 Kimley-Horn and Associates, Inc
April, 2022
25. Conflict of Interest. Consultant warrants and declares that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, in any manner or degree which will render the services required under the provisions of this Agreement a violation of any applicable local, state or federal law. Consultant further declares that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Government Code section 81000 et seq.) and Salinas City Code Chapter 2A that apply to Consultant as the result of Consultant's performance of the work or services pursuant to the terms of this Agreement.
26. Headings. The section headings appearing herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of this Agreement.
27. Attorneys' Fees. In case suit shall be brought to interpret or to enforce this Agreement, or because of the breach of any other covenant or provision herein contained, the prevailing party in such action shall be entitled to recover their reasonable attorneys' fees in addition to such costs as may be allowed by the Court. City's attorneys' fees, if awarded, shall be calculated at the market rate.
28. Non-Exclusive Agreement. This Agreement is non-exclusive and both City and Consultant expressly reserves the right to contract with other entities for the same or similar services.
Rights and Obligations Under Agreement. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.
Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Consultant, its representatives, agents or subcontractors by federal, state or local law, Consultant warrants that such license has been obtained, is valid and in good standing, and that any applicable bond posted in accordance with applicable laws and regulations.
31. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.
32. Legal Representation. Each party affirms that it has been represented, if it so chose, by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this Agreement and is fully aware of its contents and its legal effect. Neither party is relying on any statement of the other party outside the terms set forth in this Agreement as an inducement to enter into this Agreement.
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April, 2022
33. Joint Representation. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall be applicable or invoked.
34. Warranty of Authority. Each party represents and warrants that it has the right, power, and authority to enter into this Agreement. Each party further represents and warrants that it has given any and all notices, and obtained any and all consents, powers, and authorities, necessary to permit it, and the persons entering into this Agreement for it, to enter into this Agreement.
35. No Waiver of Rights. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. The failure to provide notice of any breach of this Agreement or failure to comply with any of the terms of this Agreement shall not constitute a waiver thereof.
Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or any other provision. A waiver by the City of any one or more of the conditions of performance under this Agreement shall not be construed as waivers) of any other condition of performance under this Agreement.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date first written above.
CITY OF SALINAS
Steve Carrigan
City Manager
APPROVED AS TO FORM:
• Christopher A. Callihan, City Attorney, or
o Rhonda Combs, Assistant City Attorney
CONSULTANT
Matthew D.
Weir, PE (CA PE
_ No C70216),
By (Printed Name): Mateu Wai Vice President
Its (Title): 2022.03.09
16:33:30-08'00
Form: Professional Services Agreement v. January 2021 Page 11 of 16 Kimley. Hom and Associates, Inc
Exhibit A- Insurance Requirements
Insurance Requirements
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees, or subcontractors. With respect to General Liability and Professional Liability, coverage should be maintained for a minimum of five (5) years after Agreement completion.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
(A) Commercial General Liability ("CGL"): Insurance Services Office Form ("ISO") CG 00 01 covering CL on an occurrence basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (B) Automobile Liability: ISO Form CA 0001 covering any auto, or if Consultant has no owned autos, hired and non-owned, with limits no less than $1,000,000 per accident for bodily injury and property damage.
(C) Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
(D) Professional Liability (also known as Errors and Omissions) insurance appropriate to the work being performed, with limits no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate per policy period of one year.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Salinas requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Salinas, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10, CG 11 85, or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
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Primary Coverage
For any claims related to this Agreement or the project described within this Agreement, the excess of the Consultant's insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Salinas for all work performed by the Consultant, its employees, agents, and subcontractors.
Self-Insured Retentions
Self-insured retentions must be declared by Consultant to and approved by the City. At the option of the City, Consultant shall provide coverage to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the consultant shall provide evidence satisfactory to the City guaranteeing payment of losses and related investigations, claim administrations, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of this Agreement or the beginning of Agreement work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of Agreement work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
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April, 2022
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable insurance language effecting coverage required by this Agreement. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all sub-consultants and/or subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Entity is an additional insured on insurance required from such sub-consultants and/or subcontractors.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Maintenance of Insurance
Maintenance of insurance by Consultant as specified shall in no way be interpreted as relieving Consultant of its indemnification obligations or any responsibility whatsoever and the Consultant may carry, at its own expense, such additional insurance as it deems necessary.
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April, 2022
Exhibit B- Scope and Fee
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April, 2022
Kimley» Horn EXHIBIT B
March 3, 2022
Mr. Andrew Easterling, P.E., T.E., PTOE
City of Salinas
200 Lincoln Avenue
Salinas, CA 93901
Re: Scope of Services and Fee Proposal for On-Call Services ICE Step 2 at US 101 SB Ramps at Airport Boulevard / Terven Avenue Kimley-Horn and Associates, Inc. is pleased to submit this letter proposal to the City of Salinas for providing traffic engineering services for the Intersection Control Evaluation (ICE) Step 2 at the following intersections in the City of Salinas:
• US 101 SB Ramps at Airport Boulevard / Terven Avenue
These services will be contracted under our existing on call agreement.
Our Project Understanding, Scope of Services, Schedule, and Fee are as follows.
Project Understanding and Approach
We understand that the purpose of this task order is to provide an access strategy and configuration assessment screening of concept level, feasible intersection control alternatives at the intersections of:
• Project Site 1: US 101 SB Ramps at Airport Boulevard / Terven Avenue The project location is located within Caltrans right of way which may necessitate a two-step ICE process consistent with Caltrans Policy Directive 13-02 ICE process and framework. We propose a two-step process that is that works within the Caltrans framework but is still consistent with past ICE formats that we have prepared for the City.
The Step 1 evaluation was completed with the Final Intersection Control Evaluation for US 101 Southbound Ramps at Terven Avenue / Airport Boulevard dated August 10, 2021.
The Step 2 evaluation will refine alternative geometrics defined in the Step 1 document and estimate probable construction costs. The evaluation will include design check calculations for the roundabout as well as identification of potential design deviations. kimley-horn.com 1615 Bunker Hill Way, Suite 200, Salinas, CA 93906 831.783.0352 Kimley» Horn Mr. Andrew Easterling, City of Salinas, March 9, 2022 On-Call ICE, Page 2
Scope of Services
Step 2 ICE Analysis
Task 1.1 Preliminary Utility Investigations (A Letters) Kimley-Horn will conduct a limited preliminary utility investigation of the project site. The investigation will include the following:
- Visual identification of above ground utilities.
- Sending Utility A Letters requesting existing utility mapping. - Review of as-built drawings provided by City.
Review of as-built drawings provided by Caltrans.
This task includes one site visit. A Letters will be sent to utilities identified by the City. Kimley-Horn will prepare a utility base plan in cadd using data collected in the investigations identified above.
We assume all utility coordination will be completed with future phases of design development and is not included.
Task 1.2 Aerial Topographic Mapping and Supplemental Survey Kimley-Horn subconsultant, Whitson Engineers, will provide the following services:
Research property information and recorded maps. Layout record parcel and right-of- way (ROW) boundaries in AutoCAD.
- Perform a ground control survey to support 1"=20' aerial mapping. Perform GPS observations to tie the project to a known coordinate system and datum. Set and survey five aerial targets surrounding the site in locations as specified by our aerial mapping subconsultant.
- Search for and tie adequate boundary monuments to allow the record parcels / ROW to be overlaid with the topographic mapping (Note: this will not constitute a boundary survey)
Perform a limited supplemental ground-based field survey of the accessible portions of the site, including:
• Observed surface evidence of underground utilities, including vaults, valve boxes, manholes, and any pre-existing utility paint marks (eg. USA markings) observed at the time of the survey
• Pipe sizes, types, and invert elevations within manholes where determinable by observation and measurement from ground level.
- Coordinate with our aerial mapping subconsultant to obtain 1"=20' aerial topographic mapping with a 1-foot contour interval of the area shown on the figure below. Obtain a
0.1-foot color digital orthophoto of the mapped area. Format the aerial mapping as a topographic map.
Provide one additional day of a 1-person survey crew and associated office support for future land survey needs as the project progresses. This may include detailed surveying at specific conform locations, or any other survey tasks that may arise. - Provided Client with CAD drawing in CivilD 2018 format showing the aerial mapping, supplemental survey data, and superimposed record boundaries.
EXHIBIT B
Mr. Andrew Easterling, City of Salinas, March 9, 2022
Kimley» Horn On-Call ICE, Page 3
US 101 at Terven / Airport Blvd
Aerial Mapping Limits
Legend
Expanded Aerial Survey Limits
Project Location
Motet Sainds, CA- South -Monterey Area
Google Fart
Task 1.3 Refine Step 1 Concept LevelLayouts
This task will refine the Step 1 roundabout and signal concept based on new traffic scenarios, utility investigations, topographic and field survey data collected under Tasks 1.1 and 1.2. This task assumes the following:
1. Perform Sidra and SimTraffic operations for the roundabout and signal alternatives (respectively) assuming two additional potential traffic scenarios using intersection volumes provided by the Client. The two additional traffic scenarios are:
A. Design Year 2045 assuming South of Salinas (SOS) project with access control and new frontage road.
B. Design Year 2045 assuming no SOS project (no interchange, no access control)
2. Development of the following concept layouts at the intersection of US 101 / Tervan Avenue / Airport Boulevard.
A. Refinement of one draft roundabout concept layout incorporating a Case 2 design for trucks.
B. Preparation of one draft roundabout concept layout incorporating Case 3 design for trucks.
C. Refinement of the draft signal concept layout.
3. One meeting to review the concepts with the City.
4. One collaboration meeting with Caltrans for a high-level review of the concepts. We assume either the Case 2 or Case 3 roundabout concept will be identified as the preferred alternative that will be carried over to Task 1.4.
Mutually agreed adjustment to the concepts identified during the Client review meeting and the collaboration meeting with Caltrans will be incorporated into one roundabout layout and one signal layout during Task 1.4.
EXHIBIT B
Mr. Andrew Easterling, City of Salinas, March 9, 2022
Kimley» Horn On-Call ICE, Page 4
Task 1.4 Intersection Control Layouts
Kimley-Horn will prepare intersection control layouts, as refined in Task 1.3, for one roundabout and one signal alternative. Each layout will be prepared to identify the horizontal design limits of proposed geometric elements such as curb geometry, lane widths, channelization, lane transitions, pavement markings, sightlines, and conform conditions to the existing street infrastructure. Concept level vertical profiles will be prepared for each alternative. The profiles will be developed to a level that approximates likely entry/exit grades for each street leg entering the intersection.
This task includes the preparation of a Draft Rounda bout Performance Check Summary Memorandum and will be attached to the Draft ICE Report Step 2. The memorandum will include design checks specific to typical design vehicles navigating the roundabout intersection. Roundabout curb geometry and lane markings will be adjusted to achieve target design values for estimated speeds, design vehicles, natural vehicle paths, and sight lines. If site conditions or other constraints require a deviation from guidance described in NCHRP Report 672 and/or the Highway Design Manual (Topic 405.10 Roundabouts), the deviation will be identified in the Roundabout Performance Check Summary Memorandum along with a description why the deviation is being requested.
The functional area of the roundabout intersection will be defined. Typical sections of each leg, including the roundabout circulatory roadway and central island will be prepared. The following design checks will be evaluated for vehicles:
• Fastest path estimation for R1 through R5
• Swept path and tire tracking for design vehicles (Assume up to two design vehicles) • Intersection angle of visibility
• Intersection Sight Distance (Assume tc=5.0 seconds)
• Stopping Sight Distance
• Path overlap estimation for multi-lane entries and departures An opinion of probable construction cost (OPCC) will be prepared for each alternative.
KHA assumes a Draft ICE Step 2 will be submitted to Caltrans and one set of consolidated non- conflicting comments will be transmitted to Kimley-Horn for response and consideration before a final document is prepared and submitted for approval.
Task 1.5 Draft ICE Step 2
Kimley-Horn will prepare a Draft ICE Step 2 for submission to Caltrans. The Draft ICE Step 2 will include Safety, Delay, and Operations and Maintenance costs calculated in the Step 1 ICE. Benefit cost ratios calculated in the ICE Step 1 will be updated based on the opinion of probable construction costs developed under Task 1.4. Kimley-Horn assumes all other data used in the ICE Step 1 to calculate Safety, Delay, and Operations and Maintenance Costs will remain valid for each alternative.
A supplemental B/C number will be calculated using the Caltrans Safety Performance / Collision Cost Analysis (CCA) tool and attached in the appendix.
An Administrative Draft ICE Step 2 will be submitted to the City for review. Consolidated comments based on the City review will be incorporated into the document and a Draft ICE Step 2 will be prepared for submission to Caltrans.
EXHIBIT B
Mr. Andrew Easterling, City of Salinas, March 9, 2022
Kimley»Horn On-Call ICE, Page 5
After submission to Caltrans, this task assumes one virtual meeting. One set of consolidated nonconflicting comments from the Caltrans and City review will be transmitted to Kimley-Horn for response and consideration before a final document is prepared and submitted for approval.
Task 1.6 Final ICE Step 2
Kimley-Horn will prepare a Final ICE Step 2 document and written responses to comments for staff review. After staff review, a Final Report will be prepared for submission to Caltrans.
Task 1.7 Project Management and Meetings
Kimley-Horn will provide project management and administration services for the project. Kimley- Horn will spend time each month (up to 6 months, not including construction period) invoicing (with associated back up), monitoring progress against budget and overall quality assurance (QA). Specific quality control (QC) efforts for each deliverable document are included in the task covering that document. Two digital meetings with Cityand/or Caltrans staff is budgeted for this project.
OptionalTasks
The following tasks may be required by Caltrans to obtain approval of the Final ICE Step 2 document.
Each task includes a brief description and an estimated fee of the potential work that may be requested by Caltrans. We assume that if these tasks are needed, a refined task description and fee will be prepared for approval by the City.
Design Standard Decision Document (DSDD)
Kimley-Horn will prepare one Draft Standard Decision Document (DSDD) for the preferred signal alternative and one Draft DSDD for the preferred roundabout alternative. Consistent with the deviations identified in the Step 1 ICE, we assume four mandatory (boldface) and two advisory (italic) standards requiring Caltrans approval will be needed. We also assume that the same deviations will be required for each project alternative and that only the numerical details of each alternative will differ between the documents.
We also assume two additional mandatory deviations will be needed for superelevation rate and superelevation transition rate for the on- and off-ramps. The need for these deviations will be determined during Task 1.4.
The following deliverables are assumed for this task:
• Draft Design Decision Document (DSDD) in pdf format.
• One round of revisions and response to consolidated comments. • Final DSDD in pdf format
Task B VISSIM Update
Kimley-Horn will update the VISSIM microsimulations prepared for the Step 1 ICE. We assume that the VISSIM microsimulations will be prepared for one signal alternative and one roundabout alternative. Each alternative will be based on layout geometry prepared under Task 1.4 for peak hour and design vear conditions developed under the Step 1 ICE.
Schedule
We will provide our services as noted in the above Scope of Services per a mutually agreed schedule when a Notice to Proceed is given.
EXHIBIT B
Mr. Andrew Easterling, City of Salinas, March 9, 2022
Kimley»Horn On-Call ICE, Page 6
Fee and Billing
Kimley-Horn will provide Step One ICE document per the Scope of Services for a fee not to exceed $173,300. Refer to the attached Rates of Compensation for a breakdown of the effort and fee by task.
Labor, fees, and expenses will be billed per the terms of the on-call contract. All permitting, application, and similar project fees will be paid directly by the Client.
Additional Work
Kimley Horn is fully prepared to immediately start the preparation of plans, specifications, and estimates (PS&E) construction documents should the City seek to continue the contract.
We appreciate the opportunity to provide these services to you. Please contact me at (916) 571-1016 if you have any questions.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
Seattud Sean Houck, P.E.
P.E. No. C59500
EXHIBIT B
Rates of Compensation
US 101 at Terven ICE Step 2 Kimley-Horn and Associates, Inc.
Additional Services NameSean Houck
Sr. Professional I! Professional l Professional Analyst Analyst Analyst Professional Support Staff Category/Title Project Manager
rev. 03/09/2022 $305.00 $240.00 $217.00 $197.00 $176.00 $155.00 $140.00 $180.00 $115.00 132 56 200 102,900.00
Task 1 Preliminary Utility Investigations 16 20 es 3,841.00 Task 2 Survey N 1,489.00
Task 3 Refined Concepts 30 94 21,418.00
Task 4 Layouts 32 168 37,064.00
Task 5 Draft Ice 84 18,804.00
Task 6 [Final ICE 16 11,320.00
Task 7 Project Management / Meetings 20 8,964.00
TOTAL HOURS 132 459
Subtotal Labor: $ 40,260.00 S 3,4000 $ 12,52.00 5 4,28.00 5 39,000.00 5 2,160.00S 102,900.00 Other Direct Costs 70,400.00
Survey - Whitson Engineers 36,400.00
Contingency 34,000.00
Outside printing/reproduction, delivery, etc.
TOTAL COST 173,300.00