HomeMy WebLinkAboutAgenda Report - August 21, 2013 C-17AGENDA ITEM -
CITY OF LODI
COUNCIL COMMUNICATION
• TM
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Professional Services
Agreement with Baumbach & Piazza, Inc., of Lodi, for Topographic Survey Work
for Harney Lane Grade Separation Project and Appropriating Funds ($24,000)
MEETING DATE: August 21, 2013
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Professional
Services Agreement with Baumbach & Piazza, Inc., of Lodi, for
topographic survey work for Harney Lane Grade Separation project
and appropriating funds in the amount of $24,000.
BACKGROUND INFORMATION: On November 14, 2011, the City entered into a Professional
Services Agreement with Baumbach & Piazza, Inc., to perform
topographic survey work as part of the Harney Lane Grade
Separation Project. Baumbach & Piazza, Inc., completed the survey work as described in its scope of
work and its contract was completed. Since that time, the Harney Lane Grade Separation Project has
expanded the limits of work and is requiring more topographic survey work to be completed. The
Public Works Department is recommending the Council adopt a resolution authorizing the City Manager
to execute a Professional Services Agreement with Baumbach & Piazza, Inc., for topographic survey
work for the Harney Lane Grade Separation in the amount of $24,000. The agreement, scope of
services and fee estimate are provided in Exhibit A.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Requested Appropriation:
Harney Lane Grade Separation (322022): $24,000
Jordan Ayers
Deputy City Manager/Internal Services Director
Ily S Jelin
Public Works Director
Prepared by Chris Boyer, Assistant Engineer
FWS/CB/pmf
Attachment
APPROVED: 4
onradt Bartlam,City Manager
K:\W P\PROJECTS\STREETS\HarneyGradeSeparation\C Baumbach PiazzaP SA.doc
8/12/2013
Exhibit A
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on , 2013,
by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and
BAUMBACH & PIAZZA, 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 Topographic
Survey Work for the Harney Lane Grade Separation 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 SERVICES
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 shalt 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
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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.
Section 2.3 Meetings
CONTRACTOR shall attend meetings as may be set forth in the Scope of
Services.
Section 2.4 Staffing-
CONTRACTOR
taffingCONTRACTOR 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 August 26, 2013 and terminates
upon the completion of the Scope of Services or on August 25, 2014, whichever occurs
first.
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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.
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 of 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.
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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.
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.
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Section 4.7 Successors and Assians
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
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: Chris Boyer
To CONTRACTOR: Baumbach & Piazza, Inc.
323 W. Elm Street
Lodi, CA 95240
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.
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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
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.
b
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.
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.
Section 4.21 Federal Transit Funding Conditions
❑ If the box at left is checked, the Federal Transit Funding conditions attached as
Exhibit D apply. to this Agreement. In the event of a conflict between the terms of this
Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the
Federal Transit Funding Conditions will control.
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IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement as of the date first above written.
CITY OF LODI, a municipal corporation
ATTEST:
RANDI JOHL-OLSON KONRADT BARTLAM
City Clerk City Manager
APPROVED AS TO FORM: BAUMBACH & PIAZZA, INC.
D. STEPHEN SCHWABAUER, City Attorney
JANICE D. MAGDICH, Deputy City Attorney
By: By:
Name:
Title:
Attachments:
Exhibit A — Scope of Services
Exhibit B — Fee proposal
Exhibit C — Insurance Requirements
Exhibit D — Federal Transit Funding Conditions (if applicable)
Funding Source: 322022
(Business Unit & Account No.)
Doc ID:WP\Projects\PSAs\Baumbach Piazza_HutchinsSignal
CA:rev.07.2013
8
Exhibit A/B
BAUMBACH & PIAZZA, INC. Lodi, CA Elm zoos
CIVIL ENGINEERS • LAND SURVEYORS Phone 1209! 368.8818
Fax i2091 366.8610
www.bpengineers.net
July 3, 2013
City of Lodi
Attn: Wally Sandelin
Lodi City Hall
221 West Pine Street
Lodi, CA 95241
Agreement for Professional Services
Dear Wally,
In accordance with your request I am pleased to present this agreement to provide
the topographic survey services associated with the Harney Lane Grade Separation
as requested. The total cost for the services listed below shall not exceed
$24,000.00. This letter serves as our proposal and scope for services as follows:
Scope of Services Included:
• Topographic Survey
a. Field work necessary to provide supplemental topographic survey
information for proposed signal project site located on Hutchins Street,
south of Harney Lane.
■ Topography to include cross-sections of Harney Lane, extending
800 feet west of Hutchins Street, cross-sections of the future
Location of the driveway from Maggio Circle to Valley Iron
Works, cross-sections of Stockton Street, extending 250 feet
south of Harney Lane, and cross-sections of Harney Lane,
extending 450 feet east of Stockton Street.
■ Topographic base mapping shall show existing grades with
accuracy within 0.05 feet. Horizontal and vertical control for
topographic maps shall be tied to City of Lodi GPS Control
Network (37 RS 40). Vertical control will be tied to the San
Joaquin County benchmark system.
Proposed Fee and Method of Payment:
Based on the understanding of your requirements, the not -to -exceed breakdown of
the fees required for these services are as follows:
a. Topographic Survey......... ...... ...... ... ..........................................................$ 24,000.00
Our proposed services will be performed on a time and materials basis and shall be
billed semi-monthly.
EXHIBIT C
Insurance Requirements for Contractor The Contractor shall take out 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 Contractors 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 2. COMPREHENSIVE AUTOMOBILE LIABILITY
$1,000,000 Ea. Occurrence $1,000,000 Bodily Injury - Ea. Person
$1,000,000 Bodily Injury - Ea. Occurrence
$2,000,000 Aggregate $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 therp oiect that it is insuring.
A copy of the certificate of insurance with 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 Contractors 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 nor the coverage reduced by the company without 30 days' prior written 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 Insurance for 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 hazardous work 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' prior written 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 agreement will be signed nor will any work begin on a project until the proper insurance certificate
is received by the City.
1. AA#
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322 3205 Fund Balance
TO:
interne! Services Dept. - Budget Division
3. FROM;
JRebecca Areida-Yadav 15. DATE:
7/30/2013
4. DEPARTMENT/DIVISION: Public Works
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FUND # BUS. UNIT # ACCOUNT # ACCOUNT TITLE
AMOUNT
A.
SOURCE OF
FINANCING
322 3205 Fund Balance
$ 24 000.00
B.
USE OF
FINANCING
322 322022 7323 Harney Ln Grade Separation
$ 24 000.00
7:,REQUEST=fS MADE:TO,FUND THEIFOLLOWING_0ROJEC(401 1146LUDED INLTHE;CURRENT BUDGET,�'_C, �r �� �✓.,
Please provide a description of the project, the total cost of the project, as well as justification for the
requested adjustment. If you need more space, use an additional sheet and attach to this form.
Professional Services Agreement with Baumbach & Piazza for pre -construction engineering surveying for the Harney Lane
Grade Separation project
If Council has authorized the appropriation adjustment, complete the following:
Meeting Date: Res No: Attach copy of resolution to this form.
Department Head Signature:
8. APPROVAL SIGNATURES
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. 2013-154
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH BAUMBACH &
PIAZZA, INC., OF LODI, FOR TOPOGRAPHIC SURVEY WORK
FOR THE HARNEY LANE GRADE SEPARATION PROJECT AND
FURTHER APPROPRIATING FUNDS
------------------------------------------------------------------------
------------------------------------------------------------------------
WHEREAS, on November 14, 2011, the City entered into a Professional Services
Agreement with Baumbach & Piazza, Inc., to perform topographic survey work as part of the
Harney Lane Grade Separation Project. Baumbach & Piazza, Inc., completed the survey work
as described in its scope of work and its contract was completed; and
WHEREAS, the Harney Lane Grade Separation Project has expanded the limits of work
and is requiring more topographic survey work to be completed; and
WHEREAS, staff recommends the City Manager execute a Professional Services
Agreement with Baumbach & Piazza, Inc., for the topographic survey work for the Harney Lane
Grade Separation.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve
a Professional Services Agreement for topographic survey work for the Harney Lane Grade
Separation Project with Baumbach & Piazza, Inc., of Lodi, California, in the amount of $24,000;
and
BE IT FURTHER RESOLVED that the City Council does hereby authorize the
City Manager to execute the agreement; and
BE IT FURTHER RESOLVED that funds in the amount of $24,000 be appropriated for
the project from the Harney Lane Grade Separation account.
Dated: August 21, 2013
------------------------------------------------------------------------
------------------------------------------------------------------------
I hereby certify that Resolution No. 2013-154 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held August 21, 2013, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, Mounce, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — Non&;H3L
-OLSON
City Clerk
2013-154