HomeMy WebLinkAboutAgenda Report - March 17, 2010 D-05a4
AGENDA ITEM 45
CITY OF LODI
,. COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Professional Services
Agreement with Mark Thomas & Company, of Sacramento, for Preparation of the
Harney Lane/Union Pacific Railroad Grade Separation Feasibility Study Report
($49,184) and Appropriating Funds ($58,000)
MEETING DATE: March 17, 2010
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt a resolution authorizing the City Managerto execute a
professional services agreementwith Mark Thomas & Company, of
Sacramento, for preparation of the Harney Lane/Union Pacific
Railroad Grade Separation Feasibility Study Report in the amount of
$49,184 and appropriating $58,000.
BACKGROUND INFORMATION: At the June 17,2009 City Council meeting a resolution was adopted
authorizing the Harney Lane Grade Separation to be the City's
preferred projectfor the Measure K Railroad Grade Separation
Program. A feasibility study report is the first step in the process
that will lead to design and ultimately construction.
Mark Thomas & Company is uniquely qualified for this type of grade separation project as it recently
completed the design of three similar grade separation projects for the City of Stockton. In addition,
Mark Thomas & Company is working for the City on the Harney Lane Specific Plan project. Information
obtained from this feasibility study will also be used to establish the future right-of-way line along this
segment of Harney Lane for the Harney Lane Specific Plan project.
The consultant for this project, Mark Thomas & Company, will gather information on the stakeholders,
utilities, existing traffic data, and record drawings from the City, County and UPRR involved in the grade
separation. The consultantwill develop four alternatives, evaluate each alternative, prepare preliminary
cost estimates for each alternative and develop a feasibility study based on their findings.
Funding for the grade separation feasibility study work is coming from the Measure K funds allocated to the
Harney Lane Specific Plan project. The requested appropriation contains funds to cover contingencies.
FISCAL IMPACT: None.
FUNDING AVAILABLE: Appropriation of the following funds is required.
Measure K Grant (325): $58,000
Jordan Ayers
Deputy City Manager/Internal S rvices Director
F. Wally S delin
PublicWorks Director
Prepared by Chris Boyer, Junior Engineer
FWS/CB/pmf
APPROVED: ---
Blairty Manager
K:\WP\PROJECTS\STREETS\HarneyGradeSeparation\CCMarkThomasAward.doc 3/10/2010
AGREEMENT FOR CONSULTING SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on by and between the
CITY OF LODI, a municipal corporation (hereinafter "CITY), and Mark Thomas &
Company (hereinafter "CONSULTANT").
Section 1.2 Purpose
CITY selected the CONSULANT to provide a feasibility study report required in
accordance with attached scope of services, Exhibit A.
CITY wishes to enter into an agreement with CONSULTANT for Harney
Lane/UPRR Grade Separation Project (hereinafter "Project") as set forth in the Scope of
Services attached here as Exhibit A.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scope of Services
CONSULTANT, for the benefit and at the direction of CITY, shall perform the
scope of services as set forth in Exhibit A, attached and incorporated by this reference.
Section 2.2 Time For Commencement and Completion of Work
CONSULTANT shall commence work within ten (10) days of executing this
Agreement, and complete work under this Agreement based on a mutually agreed upon
timeline.
CONSULTANT shall submit to CITY one final feasibility study and other project
deliverables for the Project, as indicated in the attached project scope of services.
CONSULTANT shall not be responsible for delays caused by the failure of CITY
staff or agents to provide required data or review documents within the appropriate time
frames. The review time by CITY and any other agencies involved in the project shall
not be counted against CONSULTANT's contract performance period. Also, any delays
due to weather, vandalism, acts of God, etc., shall not be counted. CONSULTANT shall
remain in contact with reviewing agencies and make all efforts to review and return all
comments.
K:\WP\PROJECTS\STREETS\HarneyGradeSeparation\AGREEMENT FOR PROFESSIONAL SERVICES—Harney Grade
Separation.doc 1
Section 2.3 Meetings
CONSULTANT shall attend meetings as indicated in the Scope of Services,
Exhibit A.
Section 2.4 Staffing
CONSULTANT acknowledges that CITY has relied on CONSULTANT's
capabilities and on the qualifications of CONSULTANT's principals and staff as identified
in its proposal to CITY. The scope of services shall be performed by CONSULTANT,
unless agreed to otherwise by CITY in writing. CITY shall be notified by CONSULTANT
of any change of Project Manager and CITY is granted the right of approval of all
original, additional and replacement personnel in CITY's sole discretion and shall be
notified by CONSULTANT of any changes of CONSULTANT's project staff prior to any
change.
CONSULTANT represents that it is prepared to and can perform all services
within the scope cf services specified in Exhibit A. CONSULTANT represents that it has,
or will have at the time this Agreement is executed, all licenses, permits, qualifications,
insurance and approvals of whatsoever nature are legally required for CONSULTANT to
practice its profession, and that CONSULTANT shall, at its own cost and expense, keep
in effect during the life of this Agreement all such licenses, permits, qualifications,
insurance and approvals.
Section 2.5 Subcontracts
CITY acknowledges that CONSULTANT may subcontract certain portions of the
scope of services to subconsultants as specified and identified in Exhibit A. Should any
subconsultants be replaced or added after CITY's approval, CITY shall be notified within
ten (10) days and said subconsultants shall be subject to CITY's approval prior to
initiating any work on the Project. CONSULTANT shall remain fully responsible for the
complete and full performance of said services and shall pay all such subconsultants.
ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONSULTANT's compensation for all work under this Agreement shall not
exceed the amount of Fee Proposal, attached as a portion of Exhibit A.
CONSULTANT shall not undertake any work beyond the scope of this
Agreement unless such additional work is approved in advance and in writing by CITY.
K:=P1PR0JECTS\STREETS\HarneyGradeSeparation lAGREEMENT FOR PROFESSIONAL SERVICES—Harney Grade
Separation.doc 2
Section 3.2 Method of Payment
CONSULTANT shall submit invoices for completed work on a monthly basis,
providing, without limitation, details as to amount of hours, individual performing said
work, hourly rate, and indicating to what aspect of the scope of services said work is
attributable.
Section 3.3 Costs
The fees shown on Exhibit A include all reimbursable costs required for the
performance of the individual work tasks by CONSULTANT and/or subconsultant and
references to reimbursable costs located on any fee schedules shall not apply. Payment
of additional reimbursable costs considered to be over and above those inherent in the
original Scope of Services shall be approved by CITY.
CONSULTANT charge rates are attached and incorporated with Exhibit A. The
charge rates for CONSULTANT shall remain in effect and unchanged for the duration of
the Project unless approved by CITY.
Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONSULTANT
to CITY for services under this Agreement. Upon request, CONSULTANT agrees to
furnish CITY, or a designated representative, with necessary information and assistance.
CONSULTANT agrees that CITY or its delegate will have the right to review,
obtain and copy all records pertaining to performance of this Agreement.
CONSULTANT agrees to provide CITY or its delegate with any relevant information
requested and shall permit CITY or its delegate access to its premises, upon reasonable
notice, during normal business hours for the purpose of interviewing employees and
inspecting and copying such books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining compliance with
this requirement. CONSULTANT further agrees to maintain such records for a period of
three (3) years after final payment under this Agreement.
ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONSULTANT shall not
discriminate in the employment of its employees or in the engagement of any
K:\WP\PROJECTS\STREETS\HarneyGradeSeparation\AGREEMENT FOR PROFESSIONAL SERVICES—Harney Grade
Separation.doc 3
subconsultants on the basis of race, color, religion, sex, sexual orientation, marital
status, national origin, ancestry, age, or any other criteria prohibited by law.
ti, 4.2 i for Damage
CONSULTANT shall indemnify and save harmless the City of Lodi, the City
Council, elected and appointed Boards, Commissions, all officers and employees or
agent from any suits, claims or actions brought by any person or persons for or on
account of any injuries or damages sustained or arising from the services performed in
this Agreement but only to the extent caused by the negligent acts, errors or omissions
of the consultant and except those injuries or damages arising out of the active
negligence of the City of Lodi or its agents, officers or agents.
Section 4.3 No Personal Liability
Neither the City Council, the City Engineer, nor any other officer or authorized
assistant or agent or employee shall be personally responsible for any liability arising
under this Agreement.
Section 4.4 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or
parts of the work prior to final acceptance, except as expressly provided herein.
Section 4.5 Insurance Requirements for CONSULTANT
CONSULTANT shall take out and maintain during the life of this Agreement,
insurance coverage as listed below. These insurance policies shall protect
CONSULTANT and any subcontractor performing work covered by this Agreement from
claims for damages for personal injury, including accidental death, as well as from
claims for property damages, which may arise from CONSULTANT'S operations under
this Agreement, whether such operations be by CONSULTANT or by any subcontractor
or by anyone directly or indirectly employed by either of them, and the amount of such
insurance shall be as follows:
1. COMPREHENSIVE GENERAL LIABILITY
$1,000,000 Bodily Injury -
Ea. Occurrence/Aggregate
$1,000,000 Property Damage -
Ea. Occurrence/Aggregate
or
K:\WP\PROJECTS\STREETS\HarneyGradeSeparationWGREEMENT FOR PROFESSIONAL SERVICES—Harney Grade
Separation.doc 4
$1,000,000 Combined Single Limits
2. COMPREHENSIVE AUTOMOBILE LIABILITY
$1,000,000 Bodily Injury - Ea. Person
$1,000,000 Bodily Injury - Ea. Occurrence
$1,000,000 Property Damage - Ea. Occurrence
or
$1,000,000 Combined Single Limits
NOTE: CONSULTANT agrees and stipulates that any insurance coverage
provided to CITY shall provide for a claims period following termination of coverage.
A copy of the certificate of insurance with the following endorsements shall be
furnished to CITY:
(a) Additional Named Insured Endorsement
Such insurance as is afforded by this policy shall also apply to the City of Lodi, its
elected and appointed Boards, Commissions, Officers, Agents, Employees and
Volunteers as additional named insureds insofar as work performed by the insured
under written Agreement with CITY. (This endorsement shall be on a form furnished
to CITY and shall be included with CONSULTANT'S policies.)
(b) Primary Insurance Endorsement
Such insurance as is afforded by the endorsement for the Additional Insureds shall
apply as primary insurance. Any other insurance maintained by the City of Lodi or
its officers and employees shall be excess only and not contributing with the
insurance afforded by this endorsement.
(c) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of
more than one insured shall not operate to increase the limit of the company's
liability.
(d) Notice of Cancellation or Change in Coverage Endorsement
This policy may not be canceled by the company without 30 days' prior written
notice of such cancellation to the City Attorney, City of Lodi, P.O. Box 3006, Lodi,
CA 95241.
(e) CONSULTANT agrees and stipulates that any insurance coverage provided to
CITY shall provide for a claims period following termination of coverage which is at
least consistent with the claims period or statutes of limitations found in the
K:\WP\PROJECTS\STREETS\HarneyGradeSeparation\AGREEMENT FOR PROFESSIONAL SERVICES—HarneyGrade
Separation,doc 5
California Tort Claims Act (California Government Code Section 810 et seq.).
"Claims made" coverage requiring the insureds to give notice of any potential
liability during a time period shorter than that found in the Tort Claims Act shall be
unacceptable.
Section 4.6 Worker's Compensation Insurance
CONSULTANT shall take out and maintain during the life of this Agreement,
Worker's Compensation Insurance for all of CONSULTANT'S employees employed at
the site of the project and, if any work is sublet, CONSULTANT shall require the
subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's
employees unless such employees are covered by the protection afforded by the
CONSULTANT. In case any class of employees engaged in hazardous work under this
Agreement at the site of the project is not protected under the Worker's Compensation
Statute, CONSULTANT shall provide and shall cause each subcontractor to provide
insurance for the protection of said employees. This policy may not be canceled nor the
coverage reduced by the company without 30 days' prior written notice of such
cancellation or reduction in coverage to the City Attorney, City of Lodi, P.O. Box 3006,
Lodi, CA 95241.
Section 4.7 Attorney's Fees
In the event any dispute between the parties arises under or regarding this
Agreement, the prevailing party in any litigation of the dispute shall be entitled to
reasonable attorney's fees from the party who does not prevail as determined by the
court.
Section 4.8 Successors and Assigns
CITY and CONSULTANT each bind themselves, their partners, successors,
assigns, and legal representatives to this Agreement without the written consent of the
others. CONSULTANT shall not assign or transfer any interest in this Agreement
without the prior written consent of CITY. Consent to any such transfer shall be at the
sole discretion of CITY.
K:=P\PROJECTS\STREETS\HarneyGradeSeparatic MAG REEMENT FOR PROFESSIONAL SERVICES—Harney Grade
Separation.doc 6
Section 4.9 Notices
Any notice required to be given by the terms of this Agreement shall be deemed
to have been given when the same is personally served or sent by certified mail or
express or overnight delivery, postage prepaid, addressed to the respective parties as
follows:
To CITY: City of Lodi
F. Wally Sandelin, Public Works Director
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
To CONSULTANT:
Section 4.10 Cooperation cf CITY
CITY shall cooperate fully in a timely manner in providing relevant information
that it has at its disposal.
Section 4.11 CONSULTANT is Not an Employee of CITY
It is understood that CONSULTANT is not acting hereunder in any manner as an
employee of CITY, but solely under this Agreement as an independent contractor.
Section 4.12 Termination
CITY may terminate this Agreement by giving CONSULTANT at least ten (10)
days written notice. Where phases are anticipated within the Scope of Services, at
which an intermediate decision is required concerning whether to proceed further, CITY
may terminate at the conclusion of any such phase. Upon termination, CONSULTANT
shall be entitled to payment as set forth in the attached Exhibit A to the extent that the
work has been performed. Upon termination, CONSULTANT shall immediately suspend
all work on the Project and deliver any documents or work in progress to CITY.
However, CITY shall assume no liability for costs, expenses or lost profits resulting from
services not completed or for contracts entered into by CONSULTANT with third parties
in reliance upon this Agreement.
Section 4.13 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void
or affect the validity of any other provision of this Agreement.
Section 4.14 Captions
K:\WP\PROJECTS\STREETS\HarneyGradeSeparation\AGREEM ENT FOR PROFESSIONAL SERVICES—Harney Grade
Separation.doc 7
The captions of the sections and subsections of this Agreement are for
convenience only and shall not be deemed to be relevant in resolving any question or
interpretation or intent.
Section 4.15 Integration and Modification
This Agreement represents the entire integrated Agreement between
CONSULTANT and CITY; supersedes all prior negotiations, representations, or
Agreements, whether written or oral, between the parties; and may be amended only be
written instrument signed by CONSULTANT and CITY.
Section 4.16 Applicable Law and Venue
This Agreement shall be governed by the laws of the State of California. Venue
for any court proceeding brought under this Agreement will be with the San Joaquin
County Superior Court.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single
document. Should any inconsistency occur between the specific terms of this
Agreement and the attached exhibits, the terms of this Agreement shall prevail.
Section 4.18 Authority
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer tapes or cards,
or other material documents or data, and working papers, whether or not in final form,
which have been obtained or prepared for this project, shall be deemed the property of
CITY. Upon CITY's request, CONSULTANT shall allow CITY to inspect all such
documents during regular business hours. Upon termination or completion, all
information collected, work product and documents shall be delivered by CONSULTANT
to CITY within ten (10) days.
CITY agrees to indemnify, defend and hold CONSULTANT harmless from any
liability resulting from CITY's use of such documents for any purpose other than the
purpose for which they were prepared.
K;\WP\PROJECTS \STREETS\HarneyGradeSeparationWGREEME NT FOR PROFESSIONAL SERVICES—Harney Grade
Separation.doc 8
IN WITNESS WHEREOF, CITY and CONSULTANT have executed this
Agreement as of the date first above written.
ATTEST:
By
RANDIJOHL
CITY CLERK
APPROVED AS TO FORM:
Dated:
By
CITY OF LODI, a municipal corporation
By:
D. STEPHEN SCHWABAUER
CITY ATTORNEY Its:
BLAIR KING
CITY MANAGER
K:\WP\PROJECTS\STREETS\HarneyGradeSeparation\AGREEMENT FOR PROFESSIONAL SERVICES—Harney Grade
Separation.doc 9
Exhibit A
TASK 1.0 - Project Managerrient
1.1 Kick -Off Meeting & PDT Coordination Meeting
MTCo will coordinate a kick-off meeting with the proposed PDT members. At the kick-off meeting, the scope
of work and schedule will be reviewed. it is anticipated that the PDT will consist of MTCo, the City of Lodi,
and other agencies/organizations deemed appropriate by the City Project Manager. The purpose of the kick-off
meeting is to brainstorm ideas, develop project goals, and get all PDT members on the same page before the
project work begins. This forum will allow the PDT members to identify and exchange relevant existing
information and data.
PDT meetings will be held with representatives from the City and other outside parties as necessary (assume 1
meeting after submittal of Draft Feasibility Study), with more frequent communication via e-mail or telephone
as required keeping the City's Project Manager up-to-date on the status of the project issues and action items.
This task includes preparation of meeting agenda in consultation with the City's Project Manager, distribution
of approved meeting agenda, arrangement of attendance of meeting participants, and preparation and
distribution of meeting minutes, including recap of actions to be taken prior to the next meeting.
Progress Reports will be provided with the submittal of the monthly invoice packages showing the status of the
project budget vs. the amount of work completed.
1 . 2 Coordination with UPRR and Utility Companies
WCo will prepare and mail (on City letterhead) Utility "A" Plans per the City of Lodi Standards. MTCo will
map the existing utilities on an aerial photo based on as -built plans, utility maps, and field observation of
above -ground utilities. The utilities will be mapped within the project limits only.
This task will include ongoing agency coordination, including coordination with the City of Lodi, UPRR, and
other project stakeholders. This task will include preparing memos, letters, e-mail, and phone calls necessary
to manage the project.
TASK 1.0 — Deliverables:
• An agenda and one set of meeting notes with action items for each team member/meeting attendee. (Up
to 2 Meetings)
• Monthly progress report with action items, schedule updates, and invoice. (Up to 6 reports)
TASK 2.0 — Data Coliection
2.1 Data Gathering
Following the kick-off meeting, the MTCo team will compile existing background data that City Staff and other
stakeholders have provided for the project area. MTCo will collect available record mapping (records of
survey, subdivision maps, parcel maps, etc.) and as -hilts from a number of sources, including the City,
County and UPRR. Data and documents we anticipate receiving include, but are not limited to, existing plans,
documents, studies and statistical data (e.g. ADT volumes, etc.) that will provide information relating to:
existing traffic data, existing permits and easements, and existing trails, facilities and activity areas within the
project corridor.
TASK 3.0 - alternative Development & Evaluation / Feasibility Study
U Preliminary Alternatives
MTCo will develop up to four alteriiatives for a railroad grade separation alteration at the Harney Lane/UPRR
crossing (Two overhead alternatives and two underpass alternatives). The alternatives will be shown on a
plan/profile exhibit. The plan view will show a construction control line, and a roadway width based on
recommendations from the City's General Plan These alternatives will be based on existing land uses,
prominent physical features, restricted land uses, environmental and right of way impacts. The conceptual
alternatives developed are intended to generate discussion and input from project stakeholders.
3.2 Preliminary Project Cost Estimates
MTCo will prepare preliminary project cost estimates for each alternative using most current bid results and
the Caltrans website to determine the latest price indices. This cost estimate will include construction costs,
Right of Way costs, utility relocation costs, and environmental mitigation costs.
3.3 Draft Feasibility Study
MTCo will prepare a preliminary feasibility study that will evaluate each alternative with the various project
elements studied above. This report will consist of findings resulting from the Data Gathering task, right-of-
way iiiipacts, traffic impacts, project cost and their respective impacts associated with each alternative
developed. The report will summarize and tabulate findings into an easy -to -read comparison of alternatives.
MTCo will also provide internal quality control on products submitted to the City. The submittal package will
be reviewed for accuracy, clarity, consistency, adherence to design and drafting standards, and cost
effectiveness.
3.4 Final Feasibility Study
Based on comments received from the Draft Feasibility Study, MTCo will combine the information developed
and prepare a Final Feasibility Study Report.
TASK 3.0 — Deirverables:
■ Draft Feasibility Study (6 copies)
Final Feasibility Study (6 copies)
RESOLUTION NO. 2010-26
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
THE CITY MANAGER TO EXECUTE PROFESSIONAL
SERVICES AGREEMENT WITH MARK THOMAS & COMPANY
FOR PREPARATION OF HARNEYLANE/UNION PACIFIC
RAILROAD GRADE SEPARATION FEASIBILITY STUDY
REPORTAND FURTHERAPPROPRIATING FUNDS
WHEREAS, recent project approvals by the City Council of the Reynolds Ranch,
Southwest Gateway, and Westside Annexations require that reconstruction and widening of
Harney Lane from two lanes to four lanes be completed to serve the demands resulting from
development of these projects, and Harney Lane will need a grade separation at the Union
Pacific Railroad crossing in order to accommodate the four -lane configuration; and
WHEREAS, Mark Thomas & Company will gather information on the stake holders,
utilities, existing traffic data, and as-builts from the City, County, and Union Pacific Railroad
involved in the grade separation and will then develop four alternatives, evaluate each
alternative, prepare preliminary cost estimates for each alternative, and develop a feasibility
study based on its findings; and
WHEREAS, the grade separation feasibility study report will be funded by Measure K
funds.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute a professional services agreement with Mark Thomas &
Company, of Sacramento, California, in the amount of $49,184 for the preparation of the Harney
Lane/Union Pacific Railroad Grade Separation Feasibility Report; and
BE IT FURTHER RESOLVED that funds be appropriated in the amount of $58,000 from
Measure K Grant funds for this project.
Dated: March 17,2010
------------------------------------------------------------------------
........................................................................
hereby certify that Resolution No. 2010-26 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held March 17, 2010, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, Mounce, and
Mayor Katzakian
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS— None 4t�_
RANDI JOHL
City Clerk
2010-26