HomeMy WebLinkAboutAgenda Report - October 5, 2011 C-066 AGENDA ITEM Cr 0'
CITY OF LODI
COUNCIL COMMUNICATION
Im
AGENDA TITLE: Adopt Resolution Authorizing City Managerto Execute Professional Services
Agreement for Harney Lane Grade Separation Design Projectwith Mark Thomas &
Company, of Sacramento ($1,529,473) and Appropriating Funds ($1,630,737)
MEETING DATE: October 5,201 1
PREPARED BY: PublicWorks Director
RECOMMENDED ACTION: Adopt resolution authorizing City Managerto execute professional
services agreement for Harney Lane grade separation design project
with Mark Thomas & Company, of Sacramento, in the amount of
$1,529,473 and appropriating funds in the amount of $1,630,737.
BACKGROUND INFORMATION: On March 17,2010, City Council approved a professional services
agreement with Mark Thomas & Company to prepare a feasibility
study for a grade separation at Harney Lane and the Union Pacific
Railroad (UPRR) tracks, approximately three-quarters of a mile west of Highway 99, as shown in Exhibit A.
Construction of a new grade separated crossing over a rail line will require concurrence from UPRR and
approval by the California Public Utilities Commission under General Order 88B. A four -lane at -grade rail
crossing would likely not be permitted by the Public Utilities Commission.
As a separate item on the agenda, staff will present a Specific Plan for Harney Lane, which will describe
the plans for the change to a four -lane divided expressway.
A Request for Proposal (RFP) for the Harney Lane grade separation design project was sent to five
consulting firms and proposals were received from AECOM Technical Services, Inc.; Dokken Engineering;
Jacobs Engineering Group; and Mark Thomas & Company. The review committee ranked the Mark Thomas
& Company proposal the highest on the basis of recent relevant experience, team qualifications, references,
and project understanding.
The proposal received from Mark Thomas & Company is fully compliant with the RFP. Staff recommends
Council adopt a resolution authorizing City Managerto execute the professional services agreement for the
Harney Lane grade separation design project with Mark Thomas & Company in the amount of $1,529,473
and appropriating funds in the amount of $1,630,737 to cover contingencies. The agreement, scope of
work and fee estimate are provided in Exhibit B.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Requested Appropriation:
Rec ion"Sta ransportation Program (331) $1,630,737
Jor an Ayers
Deputy City Manager/Internal Se ices Director
F. Wally S delin --.
Public Wo s Director
Prepared by Chris Boyer, Junior Engineer
Attachments
APPROVED:
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, City Manager
09/27/2011
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Exhibit B
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on 24 , by and
between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and
MARK THOMAS & COMPANY, INC. (hereinafter "CONTRACTOR").
Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in
accordance with attached Scope of Services, Exhibit A, attached and incorporated by
this reference.
CITY wishes to enter into an agreement with CONTRACTOR for HARNEY LANE
GRADE SEPARATION DESIGN PROJECT (hereinafter "Project") as set forth in the
Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is
qualified to provide such services to CITY.
ARTICLE 2
SCOPE OF SERA :ES
Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the
Scope of Services as set forth in Exhibit A.
Section 2.2 Time For Commencement and Completion of Work
CONTRACTOR shall commence work pursuant to this Agreement, upon receipt
of a written notice to proceed from CITY or on the date set forth in Section 2.6,
whichever occurs first, and shall perform all services diligently and complete work under
this Agreement based on a mutually agreed upon timeline or as otherwise designated in
the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY
staff 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 CONTRACTOR's contract performance period. Also, any delays due to
weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall
remain in contact with reviewing agencies and make all efforts to review and return all
comments.
CA: rev.01.2011 1
Section 2.3 Meetings
CONTRACTOR shall attend meetings as may be set forth in the Scope of
Services.
Section 2.4 Staffing
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's
capabilities and on the qualifications of CONTRACTOR's principals and staff as
identified in its proposal to CITY. The Scope of Services shall be performed by
CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified
by CONTRACTOR of any change of Project Manager and CITY is granted the right of
approval of all original, additional and replacement personnel at CITY's sole discretion
and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff
prior to any change.
CONTRACTOR represents it is prepared to and can perform all services within
the Scope of Services (Exhibit A) and is prepared to and can perform all services
specified therein. CONTRACTOR 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 CONTRACTOR to practice its profession, and
that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of
this Agreement all such licenses, permits, qualifications, insurance and approvals, and
shall indemnify, defend and hold harmless CITY against any costs associated with such
licenses, permits, qualifications, insurance and approvals which may be imposed against
CITY under this Agreement.
Section 2.5 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter
into any subcontract with any other party for purposes of providing any work or services
covered by this Agreement.
Section 2.6 Term
The term of this Agreement commences on October 13, 2011 and terminates
upon the completion of the Scope of Services or on December 6, 2013, whichever
occurs first.
ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR's compensation for all work under this Agreement shall conform
to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by
this reference.
CA; rev.01.2011 2
CONTRACTOR shall not undertake any work beyond the scope of this
Agreement unless such additional work is approved in advance and in writing by CITY.
Section 3.2 Method cE Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or
as otherwise agreed, 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. CONTRACTOR's compensation for all work under
this Agreement shall not exceed the amount of the Fee Proposal.
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the
performance of the Scope of Services. Payment of additional reimbursable costs
considered to be over and above those inherent in the original Scope of Services shall
be approved in advanced and in writing, by CITY.
Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR
to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to
furnish CITY, or a designated representative, with necessary information and assistance
needed to conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review,
obtain and copy all records pertaining to performance of this Agreement.
CONTRACTOR 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. CONTRACTOR 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, CONTRACTOR shall not
discriminate in the employment of its employees or in the engagement of any sub
CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital
status, national origin, ancestry, age, or any other criteria prohibited by law.
CA: rev.01.2011 3
Section 4.2 ADA Compliance
In performing services under this Agreement, CONTRACTOR shall comply with
the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well
as all applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 Indemnification and Responsibility for Damage
CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold
harmless CITY, its elected and appointed officials, directors, officers, employees and
volunteers from and against any claims, damages, losses, and expenses (including
reasonable attorney's fees), arising out of performance of the services to be performed
under this Agreement, provided that any such claim, damage, loss, or expense is
caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor
employed directly by CONTRACTOR, anyone directly or indirectly employed by any of
them, or anyone for whose acts they may be liable, except those injuries or damages
arising out of the active negligence of the City of Lodi or its officers or agents.
Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or
City employee shall be personally responsible for any liability arising under this
Agreement.
Section 4.5 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or
parts of the work described in the Scope of Services prior to final acceptance by CITY,
except as expressly provided herein.
Section 4.6 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement,
insurance coverage as set forth in Exhibit C attached hereto and incorporated by this
reference.
Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors,
assigns, and legal representatives to this Agreement without the written consent of the
others. CONTRACTOR 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
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing
signed by an authorized representative of the sender and shall be deemed to have been
given when the same is personally served or upon receipt by express or overnight
CA: rev.01.2011 4
delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class
or certified mail, postage prepaid, addressed to the respective parties as follows:
To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Wally Sandelin
To CONTRACTOR: Mark Thomas & Company, Inc.
Robert Himes, PrincipalNice President
7300 Folsom Blvd., Ste. 203
Sacramento, CA 95826
Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant
information it has at its disposal relevant to the Scope of Services.
Section 4.10 CONTRACTOR is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this
Agreement, it shall act as an independent contractor for and on behalf of CITY and not
an employee of CITY. CITY shall not direct the work and means for accomplishment of
the services and work to be performed hereunder. CITY, however, retains the right to
require that work performed by CONTRACTOR meet specific standards without regard
to the manner and means of accomplishment thereof.
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving
CONTRACTOR 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, CONTRACTOR shall be entitled to payment as set forth in the
attached Exhibit B to the extent that the work has been performed. Upon termination,
CONTRACTOR 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 CONTRACTOR with third parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products
produced under this Agreement, except to the extent otherwise required by law or
permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents
owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential' or
"Proprietary", except to the extent otherwise required by law or permitted in writing by
CA: rev.01.2011 5
CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California
Public Records Act.
Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees
This Agreement shall be governed by 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 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 shall be entitled to reasonable attorney's
fees from the party who does not prevail as determined by the San Joaquin County
Superior Court.
Section 4.14 City Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020
requires CONTRACTOR to have a city business license and CONTRACTOR agrees to
secure such license and pay the appropriate fees prior to performing any work
hereunder.
Section 4.15 Captions
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 hereunder.
Section 4.16 Integration and Modification
This Agreement represents the entire understanding of CITY and
CONTRACTOR 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.
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.
CA: rev, 01.2011 6
Section 4.18 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 4.19 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
CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such
documents during CONTRACTOR's regular business hours. Upon termination or
completion of services under this Agreement, all information collected, work product and
documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.
CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any
liability resulting from CITY's use of such documents for any purpose other than the
purpose for which they were intended.
Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as
of the date first above written.
ATTEST:
M
RANDIJOHL
City Clerk
APPROVED AS TO FORM:
D. STEPHEN SCHWABAUER, City Attorney
By
JANICE D. MAGDICH
Deputy City Attorney '
Attachments:
Exhibit A - Scope of Services
Exhibit B - Fee Proposal
Exhibit C - Insurance Requirements
CA: rev.01.2011 7
CITY OF LODI, a municipal corporation
Lei
KONRADT BARTLAM
City Manager
MARK THOMAS & COMPANY
Q„
Robert A. Himes
Its: Principal/Vice President
EXHIBIT A
Phase I. Preliminary Engineering& Environmental Review
Task 1. Proiect Management
1.1: Project DevelopmentTeam (PDT) Meetings
There will be a "Project Development Team" created for this project, which will include representation
from the design team, City staff, and subconsultantsor agency representatives as appropriate. We will
begin with a project Kick -Off Meeting to ensure mutual understanding of the intended purposes,
objectives, milestones and deliverablesof the project. Thereafter, meetingswill generally be held
monthly or centered on key project milestones. MTCowill take the lead in conducting the meetings
including preparation and distribution of the meeting agenda, invitation of meeting participants, and
preparation and distribution of meeting minutes, including a summary of action items to be addressed
priorto the next meeting, and all materials distributed/discussed at the meeting. This scope assumes a
total of 18 PDT meetings.
1.2: Client/Subconsultant Project Management
MTCowill perform ongoing general project coordination with the client and subconsultantsincluding
maintaining project files, holding focused design coordination meetings, and preparing correspondence,
e-mail, and phone calls necessary to manage the project, maintain project budget, and ensure on -
schedule submission of project deliverables.
1.3: Agency Coordination
MTCowill perform ongoing general project coordination with Caltrans (for environmental and funding
authorizations), Union Pacific Railroad (UPRR), and the California Public Utilities Commission (CPUC)
including holding design review meetings, CPUC field review meetings, and preparing checklists,
applications, and submittals consistentwith Caltrans, CPUC, UPRR guidelines.
1.4: Funding Support
MTCo will prepare the Section 190 Nomination application. The following is a list of the application
elements and the primary responsibility for providing this information:
• Average Daily Vehicle Volumes — City to provide vehicle traffic information to MTCo. MTCo to
research and provide passenger and school bus information.
• Average DailyTrain Volumes — MTCo to research and provide.
• Cost — MTCo to provide latest estimate from Harney Lane UPRR Grade Separation Project.
• Accident History Data — MTCo to research and provide.
• Blocking Delay and Speed Limits— MTCo to research and provide.
• Crossing Geometrics — MTCo to describe.
o Attachments — MTCo to provide location map, pictures of existing crossing and Community
Impact Evaluation.
MTCo will compile the elements listed above into the application format specified by the CPUC.
Additionally, MTCo will provide the City with support to answer questions posed by the CPUC or CTC
after the submission of the Section 190 application.
1.5: Prepare/Update Project Schedules
At the project Kick -Off meeting MTCowill distribute a master Critical Path Method (CPM)schedule as a
draft for review by the PDT. The draft CPM schedule will then be updated with input and comments
received from the PDT. The CPM schedule (created in Microsoft Project) will be updated monthly and
submitted with each invoice.
1.6: Monthly Progress Reports
MTCo will prepare monthly status spreadsheets with each of the invoices submitted for payment. The
spreadsheet will show the original budget, reallocated budget, amount spent to -date, amount spent this
period, and percentage spent to -date for each task.
Accompanying the spreadsheet will be a written summary detailing the work performed to date as well
as the work performed during the month being reported on. Additionally, the monthly report will
discuss key decisions required for project delivery, outstanding issues that may affect project schedule
and budget, as well as recommendations to address these issues. This scope assumes a total of 18
monthly progress reports.
1.7: Quality Assurance/Quality Control
MTCo will employ our comprehensive QC/QA checklists and perform an independent review of each
submittal in parallel with the agency review. Matt Brogan from MTCo will be assigned as Quality Control
Manager for this project. As such, he will be responsible for internal and external quality control
measures (i.e. verifying sound design practices internally, and verifying that the subconsultants are using
most recent information).
Task 2. Data Collection
2.1: Basemapping
Baumbach & Piazza will utilize the existing aerial topographic survey information gathered with the
Specific Plan effort and supplement it with detailed ground shots. In particular, the base mapping will:
• Provide sufficient permanent survey control to provide construction staking for the
proposed project.
• Provide supplemental topographic survey information for proposed site, including
existing at -grade intersections. Topography to extend 1,000 feet east and west of
railroad, as well as the top of rail 1000' north and south from Harney Lane.
• Research and coordinate with utility companies locations of existing utilities.
• Retrace and identify existing right-of-way along project corridor.
• Base mapping will be developed electronically and provided to the City in AutoCAD
format.
• Topographic base mapping shall show existing grades with accuracy within 0.05 feet.
Horizontal and vertical control for topographic maps shall be tied to City of Lodi CPS
Control Network (37 RS 40). Vertical control will be tied to the San Joaquin County
benchmark system.
• Prepare plats and legal descriptions of parcels requiring right-of-way acquisition
(assume 7 parcels)
• Provide "show me" stakes for property owners during the right-of-way acquisition
process.
2.2: Geotechnical Investigation
Neal 0. Anderson & Associates (NAA)will drill (2) borings to a depth of 120feet at the
abutments and perform (2) CPT pushes to 120 feet. Continuous seismic refraction will be
performed by between each of the abutments to provide a cross section of the grade
separation. Forthe embankments, (2) borings extending to a depth of 10 feet, 20 feet, 50 feet,
and 80 feet will be performed. A pavement evaluation will be provided at Harney Lanejust on
either side of each approach, (4) borings will be extended to a depth of 5 feet. All boring
locations will be identified by the project team, coordinated with all parties and ultimately
cleared by USA and UPRR. UPRR and San Joaquin County permits will be obtained prior to
drilling. All soil samples obtained from the field investigation will be taken to the NAA
laboratory in Lodi for testing. Laboratory tests will include unit weights, moisture contents,
proctortesting on borrow samples, at least one R -value test on a composite sample of the
subgrade, and at least two corrosivity evaluations of the soil for buried metal and concrete
design. The ultimate laboratory testing program will be identified once a geotechnical engineer
has reviewed the boring logs and verified classifications made in the field.
Base line environmental sampling along the proposed alignment will be performed. The
sampling will include (12) hand auger borings to a depth of 2 to 5 feet. Soil samples will be
obtained and taken to an analytical chemist for testing. Testing will include CAM 17, TPHdi/mo,
TPHg/BTEX/MTBE, soluble lead and asbestos. Based on the testing we will provide a work plan,
health and safety plan, draft geotechnical report, and final geotechnical report.
Task 3. Preliminary Engineering
3.1: Alternatives Analysis/Consensus Building
MTCo will review the Harney Lane/Union Pacific Railroad Grade Separation Feasibility Study (June 2010)
and verify it's applicability with current field conditions as well as it's consistency with the recently
updated Harney Lane Specific Plan. From this review, MTCo will further develop up to six (6)
alternatives for the City's review. This will include providing preliminary cost estimates, preliminary
right-of-way impacts (including preliminary damage estimates for loss of access) and construction
considerations such as two stage construction or closing Harney Lane during construction.
This information will be compiled into a user friendly format and used in a presentation to the City
Council for their consideration of the options.
3.2: Geometric Approval Drawings
Upon selection, by the City, of the proposed alternative, MTCo will prepare Geometric Approval
Drawings of the selected alternative. The GAD will show the general layout of the proposed
improvements, and impacts to adjacent properties as well as existing utilities.
3.3: Structures General Plan
MTCo will prepare a General Plan for the proposed structure. This will represent the 30% level design of
the proposed structure. The intent of this submittal is to get approval on the structure from the City and
UPRR before moving into final PS&E.
3.4: Traffic Analysis
Dowling Associates will prepare a traffic report for the project that is consistent with the Caltrans Guide for the
Preparation of Traffic Impact Studies (December, 2002).
Dowling Associates will analyze the operations implications of up to three construction phase plans including
intersection LOS, 95'" percentile queues and the City of Lodi's ADT thresholds. Dowling Associates will summarize
the findings, analysis and recommendations in a draft report for review.
Dowling will document the approach, methodology and assumptions of the analysis and summarize the findings,
analysis and recommendations in a draft report for review. After receiving one consolidated set of comments from
Mark Thomas & Company and City of Lodi and any other affected agency on the draft report, a final report will be
produced that will address the comments.
3.5: Drainage Analysis
West Yost will perform a drainage study to define existing drainage conditions at the site, determine
potential project impacts and constraints, and to size the proposed drainage facilities for the project.
Task 4. Environmental Document
As discussed in the Project Understanding, from LSA's preliminary assessment of the project, it appears
that a CEQA Statutory Exemption and NEPA Categorical Exclusion are the appropriate levels of
environmental documentation. If the technical studies indicate there is a significant impact, it is
possible that a Mitigated Negative Declaration (MND) may be required for this project.
4.1: Prepare Preliminary Environmental Study
LSA will draft the PES in accordance with the Caltrans Local Assistance Procedures Manual
(Environmental Procedures) for federally funded projects. A field review meeting is also included in this
task.
4.2: Technical Studies: Biology
LSA will evaluate the biological resources present in the project area and determine project effects to
those resources. Based on a preliminary review using aerial photography, sensitive biological resources
potentially occurring in the project area include (but are not limited to) western burrowing owl and
Swainson's hawk foraging habitat.
LSA proposes to conduct a Natural Environmental Study (NES) report to document biological resources
in the project area and evaluate potential project effects to biological resources.
Since jurisdictional waters are not expected to be present in the project area, Regulatory Permitting
tasks have not been included.
4.3: Technical Studies: Cultural Resources
LSA will conduct cultural resource studies that are needed for the City and Caltrans to address
requirements of Section 106 of the National Historic Preservation Act, the National Environmental Policy
Act (NEPA)and the California Environmental Quality Act (CEQA).
4.4: Farmland Impact Assessment Report:
Potential impacts to agricultural resources in the project area will be included in a Farmland Impact
Assessment Report.
4.5: Visual Resources (Aesthetics) Memorandum:
A Visual Impact Assessment Memorandum will be prepared which evaluates the aesthetic compatibility
of the proposed project with the surrounding area.
4.6: Air Quality Study
An Air Quality Assessment consistent with Caltrans' transportation project level CD protocol, EPA's
Fugitive Dust Conformity Rule, FHWA's mobile source air toxics (MSAT) guidance, and the San Joaquin
Valley Air Pollution Control District (SJVAPCD)Guide for assessing and Mitigating Air Quality Impacts will
be prepared. In this study current air quality management efforts that may be related to the proposed
project will be summarized.
4.7: Noise Study
A Noise Study Report will be prepared in accordance with Caltrans SER Volume 1 Chapter 12 as well as
the most recent version of Caltrans Traffic Noise Analysis Protocol (May 2011) and NEPA guidelines to
assessthe potential effects of the proposed project on existing and future noise conditions. Applicable
Caltrans, San Joaquin County, and City of Lodi noise and land use compatibility criteria for the project
area will be reviewed.
4.8: Prepare CEQAStatutory Exemption
Underthe California Environmental Quality Act (CEQA), the grade separation project would qualifyfor a
Statutory Exemption (SE) under CEQA Guidelines Section 15282(g) and Public Resources Code 21080.13.
As such LSAwill perform the necessaryfill out the Caltrans CE form to describe the project and indicate
that it is exempt by statute.
4.9: Prepare NEPA Categorical Exclusion
For processing NEPA, LSA will prepare a CE determination form for approval by Caltrans. A summary
document (two to three pages) of the environmental issues and project findings will be prepared to
attach to the CE. The completed form will be submitted to Caltranswith copies of the final technical
studies (as noted under Task 3) to supportthe findings of the CE.
4.10: Historical Resources Evaluation Report (HRER)
If required by Caltrans, LSA will prepare a Historical Resources Evaluation Report for the project to
comply with NEPA requirements.
4.11: Paleontological Identification Report
If required by Caltrans, LSA will prepare a Paleontological Report for the project to comply with NEPA
requirements.
Phase II. Final Design & Preparation of Plans, Specifications& Estimate
(PS&E)
Task 5. Right of Way Enpineerinp
5.1: Prepare Preliminary Acquisition Estimates
The right-of-way estimates will be prepared by Sierra West Valuation, Inc. and will conform to the
requirements described in the Caitrans Manual Chapter 4.
5.2: Right of Way Data Sheets & Evaluation
Right-of-way Data Sheets and accompanying right-of-way estimates will be prepared.
5.3: Appraisal Services (7 parcels assumed)
Appraisal services include sub -contracting with Sierra West Valuation to perform appraisal services as
described below. The reports will be prepared in conformance with and subject to the requirements of
the Uniform Standards of Professional Practice (USPAP)of the Appraisal Foundation.
5.4: Appraisal Review (7 parcels assumed)
Appraisal review services include sub -contracting with Henry Spoto to perform the appraisal review
services described below. The reports will be reviewed in conformance with and subject to the
requirements of the Uniform Standards of Professional Appraisal Practice (USPAP).
5.5: Acquisition/Negotiation Process (7 parcels assumed)
Interwest's licensed agents will negotiate to acquire all interests that are identified and required for the
project. Interests to be acquired or cleared include but may not be limited to: fee, permanent, and
temporary construction easement.
Task 6. UPRR/CPUC & Utility Coordination
MTCo will coordinate with UPRR and the City to facilitate the creation of a Construction & Maintenance
Agreement for the new grade separation. MTCo will also coordinate with the CPUC and the Cityto
facilitate the approval of the GO -88B grade separation crossing application.
MTCo will be responsible for utility coordination throughout the project development. This will follow
the 'A, R C' Utility Process.
Task 7. Proiect Plans Specifications & Estimates (PS&E)
Preparation of Plans, Specifications, and Estimate: Roadway planswill be prepared at the 65%, 95%and
100%stages, along with a final set with the plans plotted on mylar for advertisement and the City
archives. The PS&E will include the following plan sheets:
Title Sheet
General Notes _
N/A
N/A
1
1
Project Control
1":=50
1
Typical Section(s)
N/A
3
Roadway Details
Varies
9
Layouts
1 "=20'
4
Profiles
Varies
5
Water Pollution Control Plans
1"=20'
7
Drainage Plans, Profiles, & Details
Varies
_ 13
Stage Construction/Traffic Control
Varies
17
Signing and Striping
1"=40'
4
Traffic Signal & Lighting Plan
Varies
7
Structures Plans
Varies
22
Totals
94
7.1: Structures Design
MTCo will prepare structure plans based upon the approved General Plan. The structure will be
designed using Load and Resistance Factor Design following AASHTO LRFD Bridge Design Specifications.
Other references that MTCo will follow are Caltrans Division of Structures Bridge Memo to Designers,
Bridge Design Aids, Bridge Design Details and BNSF-UPRR Guidelines for Railroad Grade Separation
Projects.
7.2: Structure Independent Check
Upon completion of the 65% Structures Submittal, APEX will commence the structures independent
check. All discrepancies between the designer and independent checker will be resolved prior to the
95% Submittal.
7.3: Special Provisions
MTCo will prepare Special Provisions for the project. The specials provisions will be a combination of
Caltrans general provisions and the Citys technical provisions. The special provisions will be submitted
at the 95% and the 100% plan reviews.
7.4: Estimates
MTCo will prepare preliminary construction cost estimates and submit them with each plan submittal.
MTCo will also prepare preliminary costs for up to three alternatives during the preliminary design
phase.
Task 8. Public Outreach
Judith Buethe Communications (JBC) will prepare a public outreach plan that will engage local
stakeholders and the community and solicit input on the proposed grade separation project. JBC will
prepare for and lead two public meetings as part of the environmental process and an additional public
meeting prior to construction. JBC will also prepare up to three (3) newsletters and three (3) media
releases. A project website and phone hotline will be established by JBC to communicate the project's
progress and solicit feedback throughout the project.
Phase 111. Bidding Assistance and Construction Support
Task 9. Bidding Assistance
MTCo and subconsultants will provide assistance, as required, to the City during bidding of the project.
An allowance has been provided for Bidding Assistance and will be charged on a time and materials
basis.
Task 10. Construction Support
MTCo and subconsultants will provide assistance, as required, to the City during construction of the
project. An allowance has been provided for Construction Support and will be charged on a time and
materials basis.
Task 11. Record Drawings
MTCo and subconsultantswill provide Record Drawings to the City after construction is complete.
City of Lodi: Harney Lane(UPRR Grade Separation - Fee Estimate
Exhibit B
$159,131
Check
$104,314
Check
:heck
Check
Check
$1199,912
$115,163
$12,071
563,643
$572,164
$53,255
00,0114
$403
.+,<a
MTCo Total
_r. .
rmat.
' x
TOTAL COST
PHASE I - PRELIMINARY ENGINEERING & ENVIRONMENTAL REVIEW
.. ,..,u ,, ,.. _, ... ,�•.
N' �s
:Y. •. K. ta. > r. K . c... >i :a. ff. �r >, .: � ' �;; t. ., .}2 . .,,�:- ..
_ .. ' .. .. ,. ..t-.. ,.., ..a � .•
v
_ �: - `i:` '.�`
.... ,,•.:.-_Y � fes., .'^': u<,:,Yt _ -... ..:, .c... `,:.:. ::.-.-•C:.v k eh "...
-
1.1 Project Development Team (PDT) Meetings (18)
20
36
54
16
8
134
$22,424
$3,050
$1,500
$1,760
$6,310
$28,734
1.2 Client/ Subconsultant Project Management
16
120
100
16
252
$43,594
$3,100
$3,100
$46,694
1.3 Agency Coordination
120
100
40
260
$43,308
$0
$43,308
1.4 Funding Support
24
32
8 64
$9,605
$0
$9,605
1.5 Prepare / Update Project Schedules (18)
18
18
$3,582
$0
$3,582
1.6 Monthly Progress Reports (18)
36
5
41
$7,838
$0
$7,838
1.7 Quality Assurance / Quality Control
40
241
16
10
10
100
$19,370
$0
$19,370
Subtotal Task 1
76
3781
302
0
10
87
8
0
0
8 869
$149,721
$6,150 s0
$0
$0 $1,500
$1,760 $0
$0
$0
$9,410
$159,131
-.���U�!?-11111.-
.,.- ,$104,314
2.1 Survey Basemapping
0
$0
$62,970
$62,970
$62,970
2.2 Geotechnical Investigation/Report
4
4
g
$39,278
$39,278
$41,344
Subtotal Task 2
0
0
0
4
0
4
8
0
0
0 16
$2,0661
$0 $0
$62,970
$39,278 $0
$0 $0
$0
$0
$102,248
$104 14
Tas �
a
3.1 Alternatives Analysis
16
60
140
180
8
64
468
$59,032
$0
$59,032
3.2 Geometric Approval Drawings
8
8
40
120
40
216
$24,001
$0
$24,001
3.3 Structure General Plan
2
4
8
16
40
40
110
$10,782
$0
$10,782
3.4 Traffic Analysis
4
4
8
$1,358
$52,190
$52,190
$53,548
3.5 Drainage Analysis
4
8
12
$1,919
1
$50,630
$50,630
$52,549
Subtotal Task 3
24
78
196
300
0
161
16
40
144
0 814
$97,092
$0 $52,190
so
$0 $0
$0 $50,630
$0
$0
$102,820
$199,912
4.1 Preliminary Environmental Study (PES) Form
4
4
$796
$7,270
$7,270
$8,066
4.2 Technical Studies: Biology
4
8
12
$1,605
$15,320
$15,320
$16,925
4.3 Technical Studies: Cultural Resources
4
8
12
$1,6051
$10,105
$10,105
$11,710
4.4 Farmland Impact Assessment Report
4
8
12
$1,605
$9,022
$9,022
$10,627
4.5 Visual Resource (Aesthetics) Memorandum
41
16
20
$2,413
$8,895
$8,895
$11,308
4.6 Air Quality Study
8
8
$809
$12,590
$12,590
$13,399
4.7 Noise Study
8
8
$809
$19,200
$19,200
$20,009
4.8 Prepare CEQA MND
2
4
16
22
$2,853
$15,510
$15,510
$18,363
4.9 Prepare NEPA Categorical Exclusion
2
4
16
22
$2,853
$1,905
$1,905
$4,758
4.10 Historical Resources Evaluation Report (HRER)
0
$0
$7,967
$7,967
$7,967
4.11 Paleontological Identification Report/Paleontological Evaluation
0
$0
$14,162
$14,162
$14,162
Subtotal Task 41
41
28
0
88
0
01
0
0
0
0 120
$15,346
$121,946 s0
s0
$0 $0
s0 s0
$0
$0
$121,946
$137,292
PHASE II - FINAL DESIGN & PREPARATION OF PLANS SPECIFICATIONS & ESTIMATE (PS&E)
"feak 5 77 JQ 'YQt �Wsyngjlieetl»
5.1 Prepare Preliminary Acquisition Estimates
4
4
$562
$7,000
$7,000
$7,562
5.2 Right of Way Data Sheets & Evaluation
4
4
$562
$3,948
$3,948
$4,510
5.3 Appraisal Services
0
s0
$30,080
1
$30,080
$30,080
5.4 Appraisal Review
0
$0
1
$10,888
$10,888
$10,888
5.5 Acquisition/Negotiation Process
56
40
96
$16,759
$34,830
$34,830
$51,589
Subtotal Task 5
0
561
48
0
0
0
0
0
0
0 104
$17,882
$0 s0
s0
$0 $86,746
s0 s0
s0
$0
$86,746
$104,628
Task 6IIPRR /CPI1C awtility Caordibat[drt,
6.1 UPRR C&M Agreement
32
32
40
104
$14,903
$0
$14,903
6.2 CPUC Processing
16
16
40
72
$9,473
$0
$9,473
6.3 Utility Coordination
40
80
160
40
320
$38,267
$0
$38,267
Subtotal Task 7
0
88
128
2401
0
01
0
0
40
0 496
$62,643
$0 s0
$0
$0 $0
s0 $0
$0
$0
$0
$62,643
Task 7 Pro ecf Flans' $pcoi`Hcaifons & Lstimafes'(P$BcE)
_
7.165%Plans
16
60
320.
320
4
48
160
100
300
1328
$153,306
$13,000
$13,000
$166,306
7.2 Independent Check
5
10
10
1 25
$2,9761
$47,013
$47,013
$49,989
7.3 95% Plans
16
80
240
200
10
20
60
1201
220
966
$113,423
$6,024
$6,024
$119,447
7.4 100% Plans
8
48
120
160
10
20
40
80
160
646
$73,647
1
1
$3,175
$3,175
$76,822
7.5 Bid Set Plans
8
24
80
1601
101
40
75
120
517
$56,354
$2,000
$2,000
$58,354
7.6 Special Provisions
8
40
80
128
$20,950
$2,095
$2,095
$23,045
7.7 Cross Sections
2
16
160
160
338
$30,436
$0
$30,436
7.8 Estimates
4
20
24
120
5
20
20
80
80
373
$39,958
$1,310
$1,310
$41,268
7.9 Survey/R.E.File
8
40
16
41 68
$6,496
$0
$6,496
Subtotal Task 8
60
274
888
1160
29
123
3301
4651
1056
4 4389
$497,547
$0 $0
$0
$0 s0
$27,604 $0
$0
$47,013
$74,617
$572,164
Task 8 Public Outreach
4 8.1 Public Outreach
41
241
241
24 1
76
$11,451
$41,8041
$41,804
$53,255
Subtotal Task 91
41
241
241
24
+0-0
0
0
0
0 76
$11,451
s0 s0
SO
s0 SO
$0 $0
$41,8041
$0
$41,804
$53,255
$159,131
Check
$104,314
Check
:heck
Check
Check
$1199,912
$115,163
$12,071
563,643
$572,164
$53,255
City of Lodi: Harney Lane/UPRR Grade Separation - Fee Estimate
Exhibit B
$5,423
$21.746
$10,640
check
EXHIBIT C
Insurance Reauirements for Contractor The Contractor shall takeout and maintain during the life of this contract,
insurance coverage as listed below. These insurance policies shall protect the Contractor and any subcontractor
performing work covered by this contract from claims for damages for personal injury, including accidental death, as
well as from claims for property damages, which may arise from Contractor's operations under this contract, whether
such operations be by Contractor 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:
COMPREHENSIVE GENERAL LIABILITY
$1,000,000 Ea. Occurrence
$1,000,000 Aggregate
PROFESSIONAL LIABILITY
$1,000,000 Ea. Occurrence
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
NOTE: Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi 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 California Tort Claims Act (California Government Code Section 810 et seq.).
NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) above: 221 West Pine
Street, Lodi, California, 95241-1910; (2) The insurance certificate must state, on its face or as an endorsement, a
description of the project that it is insuring.
A copy of the certificate of insurancewith the following endorsements shall be furnished to the 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.
(This endorsement shall be on a form furnished to the City and shall be included with Contractor'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) Severabilitvof 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 Chanae in Coveraae Endorsement
This policy may not be canceled nor the coverage reduced by the company without 30 days' priorwritten notice
of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 W. Pine St., Lodi, CA
95240.
Compensation Insurance The Contractor shall take out and maintain during the life of this contract, Worker's
Compensation Insurance for all of Contractor's employees employed at the site of the project and, if any work is
sublet, Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurancefor all of the
latter's employees unless such employees are covered by the protection afforded by the Contractor. In case any
class of employees engaged in hazardouswork under this contract at the site of the project is not protected under the
Worker's Compensation Statute, the Contractor 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' priorwritten notice of such cancellation or reduction in coverage to the Risk Manager, City
of Lodi, 221 W. Pine St., Lodi, CA 95240. A Waiver of Subrogation against the City of Lodi is required.
NOTE: No contract agreementwill be signed nor will any work begin on a project until the proper insurance certificate
is received by the City.
1. AA#
2. JV#
Please provide a description of the project, the total cost of the project, as well as justification for the
r( -quested adjustment. If you need more space, use an additional sheet and attach to this form.
P rofessional services agreement for Harney Lane Grade Separation design projectwith Mark Thomas & Co.
If :,ouncil has authorized the appropriation adjustment, complete the following:
M Bating Date: 10105/7011 Res No: —9-- Attach copy of resolution to this form..
D .partment Head Signature:
Deputy City Manager/Internal Services Manager Date
Submit completed form to the Budget Division with any required documentation.
Final approval will be provided in electronic copy format.
RESOLUTION NO. 2011-149
A RESOLUTION OF THE LODI CITY COUNCIL
AUTHORIZING CITY MANAGER TO EXECUTE
PROFESSIONAL SERVICES AGREEMENT FOR
HARNEY LANE GRADE SEPARATION DESIGN
PROJECT AND FURTHER APPROPRIATING FUNDS
-------------------------------------------------------------------
WHEREAS, a request for proposals for the Harney Lane Grade Separation
Design Project was distributed and on September 16, 2011, proposals were received
from four companies: Mark Thomas & Company, Inc.; Jacobs Engineering Group;
Dokken Engineering; and AECOM Technical Services, Inc.; and
WHEREAS, staff recommends authorizing the City Manager to execute the
Professional Services Agreement for the Harney Lane Grade Separation Project with
Mark Thomas & Company, Inc., in the amount of $1,529,473 and appropriating funds in
the amount of $1,630,737 to cover contingencies.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
award the Professional Services Agreement for the Harney Lane Grade Separation
Project to Mark Thomas & Company, Inc., of Sacramento, California, in the amount of
$1,529,473; and
BE IT FURTHER RESOLVED that the City Council does hereby authorize the
City Manager to execute the Professional Services Agreement; and
BE IT FURTHER RESOLVED that funds in the amount of $1,630,737 be
appropriated from Regional State Transportation Program funds for this project.
Dated: October 5, 2011
TT VT TV
hereby certify that Resolution No. 2011-149 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held October 5, 2011, by the
following vote:
AYES: COUNCIL MEMBERS — Hansen, Katzakian, Mounce, Nakanishi,
and Mayor Johnson
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS— None
ABSTAIN: COUNCIL MEMBERS— None
&OHL
City Clerk
2011-149