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HomeMy WebLinkAboutAGENDA REPORT 2018 1107 REG CCSA ITEM 10FCITY OF MOORPARK, CALIFORNIA City Council Meeting of November 7, 2018 ACTION Approved staff recommendation BY M. Benson F. Consider Amendment No. 1 to Professional Services Agreement with Kimley- Horn and Associates Authorizing Additional Services Regarding the Los Angeles Avenue Traffic Study. Staff Recommendation: Authorize the City Manager to execute an amendment to the professional services agreement with Kimley-Horn and Associates, Inc. to increase compensation by $14,350.00 for additional services for a total contract value of $115,281.00, subject to final language approval of the City Manager and City Attorney. Item: 10.F. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: David A. Bobardt, Community Development Director DATE: 11/07/2018 Regular Meeting SUBJECT: Consider Amendment No. 1 to Professional Services Agreement with Kimley-Horn and Associates Authorizing Additional Services Regarding the Los Angeles Avenue Traffic Study BACKGROUND/DISCUSSION On September 7, 2016, the City Council authorized staff to request proposals for a study of traffic on State Route 118/Los Angeles Avenue in order to help with future decisions on traffic improvements as well as with preparation of an update to the Circulation Element of the General Plan. In December 2016, Kimley-Horn and Associates was selected to prepare this study, and in May 2017, the City entered into a professional services agreement with Kimley-Horn for this study. The not-to-exceed amount for this study was $100,931.00 plus contingencies and additional work of $9,069.00 if authorized by the City Council, for a total of $110,000.00. The study was funded by the general fund ($40,000.00) which included funding in the 2016-2017 FY budget for work on the general plan, and by the Los Angeles Avenue Area of Contribution fund ($70,000.00). Although the agreement originally provided for short and long-term recommendations for improvements to Los Angeles Avenue, a meeting with Caltrans on June 28, 2017 indicated a willingness on the part of Caltrans to implement the short-term recommendations for adjusting signal timing. The signal timing implementation and fine-tuning was not contemplated in the original scope of work. Given the willingness of Caltrans to implement the recommendations quickly, staff authorized Kimley-Horn to proceed with this work as it was an opportunity to improve traffic conditions on Los Angeles Avenue. The additional work is detailed in the request for additional services, attached to the proposed amendment to the professional services agreement. This request was submitted after the work was completed so that it includes the total additional costs of Item: 10.F. 547 Honorable City Council 11/07/2018 Regular Meeting Page 2 $14,350.00. The current agreement allowed for the City Council to authorize up to $9,069.00 for additional work. Since this exceeds that amount, an amendment to the agreement is needed. It is not expected that any additional work beyond this amount would be needed as this project has been completed. FISCAL IMPACT No fiscal impact. The FY 2018/19 adopted operating and capital improvement budget includes $950,000 appropriation from Los Angeles Area of Contribution Fund (2014) for LA Ave Traffic Signals/Fiber Optic Upgrade Project (M0040). Staff will process a $14,350 budget line item transfer from the Infrastructure account (2014-311-M0040- 55200) to Capital – Professional Services account (2014-311-M0040-55300) to cover the cost of services. STAFF RECOMMENDATION Authorize the City Manager to execute an amendment to the professional services agreement with Kimley-Horn and Associates, Inc. to increase compensation by $14,350.00 for additional services for a total contract value of $115,281.00, subject to final language approval of the City Manager and City Attorney. ATTACHMENT: Amendment No. 1 to Professional Services Agreement 548 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MOORPARK AND KIMLEY_HORN AND ASSOCIATES, INC. FOR LOS ANGELES AVENUE TRAFFIC STUDY This Amendment No. 1 to the Agreement between the City of Moorpark, a municipal corporation (“City”), and Kimley-Horn and Associates, Inc., a North Carolina corporation (“Consultant”) for professional services (“Agreement”), is made and entered into the day of , 2018. RECITALS WHEREAS, on May 9, 2017, the City and Consultant entered into an Agreement to have the Consultant provide professional traffic study services for a total contract value of One-Hundred Thousand, Nine-Hundred Thirty-One Dollars ($100,931.00); and WHEREAS, on November 7, 2018, the City Council authorized the City Manager to execute an amendment to the Agreement to increase compensation by Fourteen- Thousand Three-Hundred Fifty Dollars ($14,350.00) for additional services related to this agreement for a total contract value of One-Hundred Fifteen Thousand Two- Hundred Eighty-One Dollars ($115,281.00); and WHEREAS, the City and Consultant now desire to increase the compensation for services to be performed by Consultant by Fourteen-Thousand Three-Hundred Fifty Dollars ($14,350.00) for additional services related to this agreement for a total contract value of One-Hundred Fifteen Thousand Two-Hundred Eighty-One Dollars ($115,281.00), and document said agreement to amend by jointly approving this Amendment No. 1 to the Agreement. NOW, THEREFORE, it is mutually agreed by and between the parties to the Agreement as follows: I. Section 2, SCOPE OF SERVICES, is amended by replacing this section in its entirety as follows: “City does hereby retain Consultant, as an independent contractor, in a contractual capacity to provide traffic study services, as set forth in Exhibits C and D. In the event there is a conflict between the provisions of Exhibits C and D and this Agreement, the language contained in this Agreement shall take precedence. Consultant shall perform the tasks described and set forth in Exhibits C and D. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibits C and D. Compensation for the services to be performed by Consultant shall be in accordance with Exhibits C and D. Compensation shall not exceed the rates or total contract value One-Hundred Fifteen Thousand Two-Hundred Eighty-One CC ATTACHMENT 1 549 Dollars ($115,281.00), as stated in Exhibits C and D, without a written Amendment to the Agreement executed by both parties. Payment by City to Consultant shall be in accordance with the provisions of this Agreement.” II. Section 5, PAYMENT, is amended by replacing paragraphs 2 and 3 of this section in their entirety as follows: “The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, based upon actual time spent on the above tasks. This amount shall not exceed One-Hundred Fifteen Thousand Two-Hundred Eighty-One Dollars ($115,281.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services and compensation are authorized, in advance, in a written amendment to this Agreement executed by both parties.” III. Exhibit C: PROPOSAL FOR LOS ANGELES AVENUE TRAFFIC STUDY, is amended by adding the additional services outlined in the May 17, 2018 Request for Additional Services by Kimley-Horn and Associates, Inc., incorporated herein and attached hereto as Exhibit D. IV. Remaining Provisions: Except as revised by this Amendment No. 1, all of the provisions of the Agreement shall remain in full force and effect. In Witness Whereof, the parties hereto have caused this Amendment to be executed the day and year first above written. CITY OF MOORPARK KIMLEY-HORN AND ASSOCIATES, INC. _______________________________ _______________________________ Troy Brown City Manager Nicole Kerry, CA PE 58449 Principal Attest: __________________________________ Maureen Benson, City Clerk Attachment: Exhibit D: May 17, 2018 Kimley-Horn Request for Additional Services Page 2 550 kimley-horn.com 660 South Figueroa Street, Suite 2050, Los Angeles, CA 90017 213 261 4040 May 17, 2018 David A. Bobardt Community Development Director City of Moorpark 799 Moorpark Ave., Moorpark, CA 93021 RE:Los Angeles Avenue Traffic Study – Request for Additional Services Dear Dave: Kimley-Horn and Associates, Inc. (“Kimley-Horn” or “Consultant”) requests this additional service to the City of Moorpark (“Client”) for the additional Traffic Engineering services that were provided for this project. Our scope and fee are provided below. SCOPE OF SERVICES Kimley-Horn provided the following services in addition to the services identified in our initial scope of work: Signal Timing Implementation and Fine-tuning:Kimley-Horn has coordinated with Caltrans staff to implement and fine tune the new signal timing at all the intersections along the corridor. We have met with Caltrans on multiple occasions during the months of March and April to complete the following efforts: - Implement new signal timing - Fine tune left turn splits - Adjust cycle lengths and time-of-day operations - Adjust signal timing based upon feedback from the Community - Adjust controller clocks - Complete additional after travel time runs - Coordinated regarding GPS clocks We have originally assumed that we will prepare the timing sheets and submit to Caltrans, and that Caltrans would implement and fine tune. We have also only anticipated completing one set of ‘after’ travel time runs to document the benefits. Interim Memo: Kimley-Horn has completed an interim memorandum that documented the before- after comparison metrics for presentation to the City Manager and City Council. The deliverables also included video recordings of the corridor drive-thru for AM and PM peak periods. Caltrans Permit Fees: During the data collection task, we had to obtain an encroachment permit from Caltrans for the traffic counts firm to set-up their equipment within Caltrans Right-of-Way. The encroachment permit requires a fee of $320 to be paid to Caltrans for processing and inspection, 551 Page 2 kimley-horn.com 660 South Figueroa Street, Suite 2050, Los Angeles, CA 90017 213 261 4040 which was not included in our original scope of services. Kimley-Horn paid the permit and inspection fee per your direction at that time. FEE AND BILLING Our fee for these additional services is $14,350 per the breakdown below. PM Professional Analyst Clerical $ 200 $ 160 $ 125 $ 90 Hours 32 25 24 7 Labor Subtotal $ 14,030 Expenses $ 320 Total $ 14,350 In addition to the matters set forth herein, our agreement shall include and be subject to, and only to, the terms and conditions contained in our original Agreement dated May 9, 2017. Since these services are outside the scope of our original contract, it is required that we obtain written authorization. Your signature at the bottom of this letter and return of a copy to us will serve as authorization for us to begin the work. If you have any questions on this proposal, please feel free to contact me. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Sri Chakravarthy, P.E, T.E Project Manager, RCE 73629 552