HomeMy WebLinkAboutAgenda Report - July 2, 2008 K-04K74
AGENDA ITEM
AM CITY OF LODI
COUNCIL COMMUNICATION
M
AGENDA TITLE: Adopt Resolution Authorizing City Managerto Execute MasterAgreement
and Task Order No. 1 of the Harney Lane Widening Projectwith Mark Thomas
and Company, Inc., of Sacramento ($410,394); Appropriating Funds
($500,000); and Authorizing City Manager to Execute Cooperative Agreement
with San Joaquin Council of Governments for Funding of Task Order No. 1
and Associated Staff Costs
MEETING DATE: July 2,2008
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute a Master
Agreement and Task Order No. 1 of the Harney Lane Widening
Projectwith Mark Thomas and Company, Inc., of Sacramento, in
the amount of $410,394; appropriating funds ($500,000) as shown
below; and authorizing the City Managerto execute a cooperative agreement with San Joaquin Council
of Governments for funding of Task Order No. 1 and associated staff costs.
BACKGROUND INFORMATION: Recently -completed traffic studies for the Westside, Southwest
Gateway and Reynolds Ranch annexations identify the requirement
to widen Harney Lane to accommodate the increase in traffic as
anticipated in the General Plan. City staff has completed
preliminary geometric studies and conceptual designs forthe widening of Harney Lane from a two-lane
urban collector to a four -lane divided arterial. These documents provide a framework but not the final plan
for the consultant to prepare a Specific Plan Report, including an appropriate transition from four lanes at
Lower Sacramento Road, west to the General Plan boundary, and the existing two-lane road in the County.
Under Task Order No. 1, the consultant will provide alternative designs for Harney Lane from %-mile
west of Lower Sacramento Road to Stockton Street (ExhibitA) based on the traffic volume data,
geometries, and existing right-of-way and will present these alternatives to the City Council. Field
surveys will be performed to facilitate preparation of accurate alternatives. The consultant will produce
site-specific studies for problem areas, specifically for the right-of-way in the vicinity of the
Lower Sacramento Road and Harney Lane intersection. The final work productwill be a Specific Plan
including a written report and plans to widen Harney Lane for approval by the City Council. These
documents will establish policy relativeto future right-of-way dedication by new developments and
access provisions along the route.
Stakeholder meetings will be held to obtain public input on the roadway designs. The meetings will allow
the consultant to develop recommendations as to the preferred alternative. In the final Specific Plan
Report, the consultant will recommend the preferred alternative, identify the right-of-way acquisition and
property modifications at each parcel, and estimate the associated costs. The final Specific Plan Report
will be the subject of a public hearing prior to approval by the City Council.
APPROVED:
lair King, City Manager
KIWPkPROJECTS1STRFP-TS\HameyWideninglCAwardMaste m_ OGAgmt.doc 611 8120 0 8
Adopt Resolution Authorizing City Manager to Execute MasterAgreement and Task Order No. 1 of the
Harney Lane Widening Project with Mark Thomas and Company, Inc., of Sacramento ($410,394);
Appropriating Funds ($500,000); and Authorizing City Manager to Execute Cooperative Agreement with
San Joaquin Council of Governments for Funding of Task Order No. 1 and Associated Staff Costs
July 2, 2008
Page 2
Council approved the Request for Proposal (RFP)for the Harney Lane Specific Plan project on
February 6, 2008. On April 21, 2008, the City received six RFP's for the projectfrom the following
consultants: Mark Thomas and Company, Inc. (Sacramento); David Evans and Associates (Stockton);
McKay & Somps (Pleasanton); HDR (Folsom); Carlson, Barbee & Gibson, Inc. (Lathrop); and Jacob
Carter Burgess (Sacramento). The RFP's were reviewed and ranked based on the consultant's
understanding of the project, experience, team make-up, and the presentation quality of the proposals.
Staff unanimously selected Mark Thomas and Company, Inc., (MTCo), of Sacramento, as the most
qualified consultant for the project. As specified in the RFP, MTCo may be retained by the City after the
completion of Task Order No. 1 for the preparation of plans and specifications for various phases of the
Harney Lane Widening project These ongoing services will be authorized by subsequent Task Orders.
Staff recommends that the Council authorize the City Managerto execute a MasterAgreement and Task
Order No. 1 with MTCo in the amount of $410,394 and appropriate $500,000 to cover the task order and
the associated City staff costs. In addition, staff recommends that the Council authorize the
City Managerto execute a cooperative agreement with San Joaquin Council of Governments (COG) for
the funding of Task Order No. 1 and the associated staff costs.
FISCAL IMPACT:
FUNDING AVAILABLE:
There will be no fiscal impactfor this phase of the project.
Requested Appropriation: Measure K ($500,000)
Project Estimate: $500,000
If 7e
0Airk -Evans, Budget Manager
CIj "
F. Wally S delin
Public Works Director
Prepared by Lyman Chang, Senior Civil Engineer
FW SILCIpmf
Attachment
cc: City Attorney
Purchasing Officer
Junior Engineer
Transit Manager
Mark Thomas & Company, Inc.
K:IW PIPROJECTSISTREETSIHarneyW idening\CAwardMasterAgmt_COGAgmt.doc 611812006
t OFA
CITY OF LODI
�JFOR�` WORKS DEPARTMENT
Exhibit A - Harney Lane
1/2 Mile West of Lower Sacramento Rd to
540 Feet West of Stockton Street
TASK ORDER AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF LODI
AND
MARK THOMAS & COMPANY, INC.
THIS TASK ORDER AGREEMENT, hereinafter referred to as "Agreement," made and entered
into on this day of July 2008, by and between the City of Lodi, a municipal corporation,
hereinafter referred to as "Client," and Mark Thomas & Company, Inc., hereinafter referred to as
"Consultant."
WITNESSETH:
WHEREAS, Client is proceeding with the Harney Lane Widening Project that requires the services
of a consultant;
WHEREAS, Consultant has available and offers to provide personnel and facilities necessary to
accomplish such work as may be requested by Client; and
WHEREAS, Consultant acknowledges that it is qualified to perform the scope of services required
under this Agreement.
NOW, THEREFORE, Client and Consultant agree as follows:
I. DESCRIPTION OF PROJECT
Services provided shall be as described in written task orders made pursuant to and referencing this
Agreement, but in general shall include engineering services.
11. SCOPE OF SERVICES
Consultant agrees to perform those services described in separate written task orders signed by
Client and Consultant. Unless modified in writing by both parties, duties of Consultant shall not be
construed to exceed those services specifically described in each task order.
111. TIME FOR COMPLETION
The time for completion of work shall be as identified in each task order issued pursuant to this
Agreement.
IV. COMPENSATION
For services to be performed by Consultant, as described in each task order, Client agrees to pay,
and Consultant agrees to accept, compensation as identified in each task order. Consultant shall
invoice Client on a time and materials cost basis for services provided under this Agreement in
accordance with the Billing Rate Schedule contained in Exhibit A unless task orders specifically
indicate otherwise.
JACA\CITY\Agreements\PubIi cWorksProfessiona]Sery i cesAgmt.doc 1 06/26/2008
Consultant shall submit monthly invoices for services as prescribed in each task order. Client shall
pay such invoices within 30 days after their receipt. If payment is not made within 30 days, interest
on the unpaid balance will accrue at a rate of one (1) percent per month compounded monthly.
V. RESPONSIBILITY OF CONSULTANT
Consultant agrees that in undertaking the duties to be performed hereunder, it shall act as an
independent consultant for and on behalf of Client. Client shall not direct the work and means for
accomplishment of the services and work to be performed hereunder. Client, however, retains the
right to require that work performed by Consultant meet specific standards without regard to the
manner and means of accomplishment thereof.
VI. INDEMNIFICATION
To the fullest extent permitted by law, Consultant shall indemnify and hold harmless Client, their
directors, officers, and employees from and against claims, damages, losses, and expenses
(including reasonable attorneys' fees), arising out of performance of the work, provided that any
such claim, damage, loss, or expense is caused by negligent acts or omissions of Consultant, any
subconsultant employed directly by Consultant, anyone directly or indirectly employed by any of
them, or anyone for whose acts they may be liable.
VII. INSURANCE
Consultant shall procure and maintain the following insurance policies, each of which shall provide
primary coverage with respect to work performed under this Agreement.
1. Comprehensive General Liability Insurance. Insurance including premises/operations,
products/completed operations, blanket contractual, and broad -form property damage
liability coverages. The combined single limit for bodily injury and property damage
shall not be less than $2,000,000 per occurrence, and $2,000,000 per year in
aggregate.
2. Automobile Bodily Injury and Property Damage Liability. Insurance covering owned
(if any), non -owned, rented, and leased cars. The limit shall not be less than
$2,000,000 per occurrence.
3. Workers' Compensation and Employer's Liability. Insurance as prescribed by
applicable law, including liability under the Longshoreman's and Harbor Workers'
Act and the Jones Act, if applicable. The employer's liability limit shall not be less
than $2,000,000.
4. Professional Liability Insurance. Insurance covering losses resulting from errors or
omissions of the Consultant. The limit of liability shall not be less than $2,000,000
per claim and in the aggregate.
J:\CA\CITY\Agreements\PublicWorksProfessionalServicesAgmt.doc 2 06/26/2008
VIII. ASSIGNMENT
This Agreement is binding on the heirs, successors, and assigns of the parties hereto. This
Agreement may not be assigned by either Client or Consultant without the prior written consent of
the other.
IX. BENEFIT
Except as herein provided, this Agreement shall inure to the benefit of the assigns, heirs, and
successors of the parties to this Agreement.
X. TERMINATION
Client may terminate this Agreement for its convenience. Consultant shall be compensated for work
performed to the date of termination including a reasonable amount for profit and cost to terminate
work.
In the event Consultant shall persistently fail to perform services and work hereunder in a manner
satisfactory to Client, this Agreement may, at Client's option, be terminated. Consultant shall be
compensated for completed and useful work performed to the date of termination.
XI. JURISDICTION AND ATTORNEYS FEES
This Agreement shall be administered and interpreted under the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County
Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part
shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of
this Agreement shall be in full force and effect.
In the event any dispute between the parties arises under or regarding this Agreement, the prevailing
party in any litigation of the dispute, including arbitration proceedings, shall be entitled to
reasonable attorney's fees from the parry who does not prevail as determined by the San Joaquin
County Superior Court or an arbitrator designated under the Construction Industry Arbitration
Rules of the American Arbitration Association.
XII. ARBITRATION
All claims, disputes, and other matters in question between the parties to this Agreement arising out
of or relating to this Agreement or the breach thereof, which are not disposed of by mutual
agreement, shall be decided by arbitration in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association. No arbitration arising out of or relating to this
Agreement shall include any person not a party to this Agreement except by written consent signed
by the parties hereto and persons to be joined. This agreement to arbitrate shall be specifically
enforceable under prevailing arbitration law.
Notice of demand for arbitration shall be filed in writing with the other parties to this Agreement
and with the American Arbitration Association. The demand shall be made within a reasonable
J:\CA\CITY\Agreements\PublicWorksllrofessionalServicesAgmt.doc 3 06/26/2008
time after the claim, dispute, or other matter in question has arisen, but in no event after the date
when the institution of legal or equitable proceedings would be barred by the applicable statute of
limitations. The award rendered by the arbitrators shall be final, and judgment may be entered in
accordance with applicable law in any court having jurisdiction.
XIII. LIABILITY LIMITATION PROVISION
Should Consultant or any of its officers, employees, or agents be found to have been negligent in
the performing of professional services or work, or to have breached any express or implied
warranty, breached any representation or any provision of this Agreement, Client, all persons or
entities claiming through Client and all persons or entities claiming to have in any way relied upon
or been damaged by Consultant's services or work agree that the maximum aggregate amount of
the liability of Consultant, its officers, employees and agents shall be limited to the total amount of
the fee paid to Consultant by Client for its work performed with respect to the project, or
$410,394.00, whichever is greater. The Agreement price is predicated on this limitation of liability.
Should Client object to this provision, then the Agreement price will be renegotiated by Consultant
and Client to account for the increase in Consultant's potential liability. Any objection by Client to
this limitation on liability must be conveyed to Consultant before Client's acceptance of this
Agreement.
XIV. INTEGRATION
This Agreement represents the entire understanding of Client 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 covered hereunder. This Agreement may not be modified or altered except in
writing, signed by both parties.
XV. SUBCONTRACTS
Except with prior written approval of Client, Consultant shall not enter into any subcontract with
any other party for purposes of providing any work or services covered by this Agreement.
XVI. OWNERSHIP OF DOCUMENTS
All documents, photographs, reports, analyses, audits, computer media, or other material
documents or data, and working papers, whether or not in final form, which have been obtained or
prepared under this Agreement, shall be deemed the property of Client. Upon Client's request,
Consultant shall allow Client to inspect all such documents during Consultant's regular business
hours. Upon termination or completion of services under this Agreement, all information collected,
work product and documents shall be delivered by Consultant to Client within ten (10) calendar
days. Client agrees to indemnify, defend and hold Consultant harmless from any liability resulting
from Client's use of such documents for any purpose other the purpose for which they were
intended.
J\CAUMAgreements\PublicWorksProfess ionalServicesAgmt doc 4 06/26/2008
XVII. AUTHORITY
The undersigned hereby represent and warrant that they are authorized by the parties they purport to
represent to execute this Agreement.
MARK THOMAS & COMPANY
Signature
Printed Name
Title
Date
Attest:
Randi Johl
City Clerk
Attachment — Exhibit A
CITY OF LODI
Signature
Blair King
City Manager
Date
Approved as to form
Janice D. Magdich
Deputy City Attorney
JACA\C MAgreementsTublicWorksProfessionalServicesAgmt.doe 5 06/26/2008
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RESOLUTION NO. 2008-130
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
THE CITY MANAGERTO EXECUTEA MASTERAGREEMENT
AND TASK ORDER NO. 1 FOR THE HARNEY LANE WIDENING
PROJECT, APPROPRIATING FUNDS FOR THE PROJECT,
AND FURTHER AUTHORIZING THE CITY MANAGERTO
EXECUTE A COOPERATIVE AGREEMENT WITH
SAN JOAQUIN COUNCIL OF GOVERNMENTS
WHEREAS, recently -completed traffic studies for the Westside, Southwest Gateway,
and Reynolds Ranch annexations identify the requirement to widen Harney Lane to
accommodate the increase in traffic as anticipated in the General Plan; and
WHEREAS, City staff has completed preliminary geometric studies and conceptual
designs for the widening of Harney Lane from a two-lane urban collector to a four -lane divided
arterial, but a consultant is needed to prepare a Specific Plan Report, including an appropriate
transition from four lanes at Lower Sacramento Road, west to the General Plan boundary, and
the existing two-lane road in the County; and
WHEREAS, in answer to notice duly published in accordance with law and the order of
this City Council, sealed proposals were received on April 21, 2008, for the Harney Lane
Widening Project, described in the request for proposals therefore approved by the City Council
on February6, 2008; and
WHEREAS, proposals were received from the following consultants:
Mark Thomas and Company, Inc. (Sacramento, California)
David Evans and Associates (Stockton, California)
McKay & Somps (Pleasanton, California)
HDR (Folsom, California)
Carlson, Barbee & Gibson, Inc. (Lathrop, California)
Jacob Carter Burgess (Sacramento, California)
WHEREAS, the proposals were reviewed and ranked based on the consultant's
understanding of the project, experience, team make-up, and the presentation quality of the
proposals; and
WHEREAS, staff unanimously selected Mark Thomas and Company, Inc., as the most
qualified consultant for the project; and
WHEREAS, under Task Order No. 1, the consultant will provide alternative designs for
Harney Lane from '/z -mile west of Lower Sacramento Road to Stockton Street based on the
traffic volume data, geometrics, and existing right-of-way and will present these alternatives to
the City Council. Field surveys will be performed to facilitate preparation of accurate
alternatives. The consultant will produce site-specific studies for problem areas, specifically for
the right-of-way in the vicinity of the Lower Sacramento Road and Harney Lane intersection.
The final work product will be a Specific Plan including a written report and plans to widen
Harney Lane for approval by the City Council. These documents will establish policy relativeto
future rig ht -of -way dedication by new developments and access provisions along the route; and
WHEREAS, staff recommends that the Council authorize the City Manager to execute a
cooperative agreement with San Joaquin Council of Governments (SJCOG) for the funding of
Task Order No.1 and the associated staff costs.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute a Master Agreement and Task Order No. 1 cf the
Harney Lane Widening Project with Mark Thomas and Company, Inc., of Sacramento,
California, in the amount of $410,394; and
BE IT FURTHER RESOLVED that funds in the amount of $500,000 are appropriated
from Measure K for this project; and
BE IT FURTHER RESOLVED that the City Council does hereby authorize the City
Manager to execute a cooperative agreement with SJCOG for the funding of Task Order No. 1
and the associated staff costs.
Dated: July 2, 2008
hereby certify that Resolution No. 2008-130 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held July 2, 2008, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, and Mayor Mounce
NOES: COUNCIL MEMBERS— None
ABSENT: COUNCIL MEMBERS — Hitchcock
ABSTAIN: COUNCIL MEMBERS— None
423-
RANDI JOHL
City Clerk
2008-130
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