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HomeMy WebLinkAboutAgenda Report - May 17, 2017 C-09TM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM c .9 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional Services Agreement with BKF Engineering, of Pleasanton, for Traffic Signal and Lighting Design for Victor Road and Guild Avenue Intersection ($3,000) MEETING DATE: May 17, 2017 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Amendment No. 1 to Professional Services Agreement with BKF Engineering, of Pleasanton, for traffic signal and lighting design for Victor Road and Guild Avenue intersection, in the amount of $3,000. BACKGROUND INFORMATION: At the November 2, 2016 meeting, Council adopted a resolution approving the Professional Services Agreement for traffic signal and lighting design for Victor Road and Guild Avenue intersection to BKF Engineering, of Pleasanton, in the amount of $35,484. The scope of work includes preliminary engineering, alternative geometric designs for the closely -spaced Lockeford Street and Guild Avenue intersection, coordination with Caltrans, and final plans and specifications. On March 28, 2017, City Staff and BKF Engineering staff met with CalTrans staff to discuss the encroachment permit process and design requirements. During the meeting, CalTrans staff indicated that Intersection Control Evaluation (ICE) and Permit Engineering Evaluation Report (PEER) are required as part of the encroachment permit process. These two studies were not anticipated and therefore not included in BKF Engineering's fee proposal. Staff recommends Council authorize City Manager to execute Amendment No. 1 to Professional Services Agreement with BKF Engineering, of Pleasanton, to provide the additional ICE and PEER services required by CalTrans. FISCAL IMPACT: Amendment No. 1 will add an additional $3,000 to the existing amount of $35,484, for a total amount of $38,484, which is still below the Fiscal Year 2016/17 budget appropriation of $55,000. APPROVED: *'"-4a. �■ •' chwa • ity Manager K:\WP\PROJECTS\SIGNALS\Guild Victor 2016\CAmendment BKF doc 5/6/17 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional Services Agreement with BKF Engineering, of Pleasanton, for Traffic Signal and Lighting Design for Victor Road and Guild Avenue Intersection ($3,000) May 17, 2017 Page 2 FUNDING AVAILABLE: GuildNictor Signal Design (Fiscal Year 2016/17) - $55,000 No General Fund dollars are being utilized on this project. Andrew Keys Deputy City Manager/Internal Services Director Charles E. Swimley, Jr. Public Works Director Prepared by Dorothy Kam, Associate Traffic Engineer CES/DK/tdb Attachment cc: City Engineer/Deputy Public Works Director Transportation Manager/Senior Traffic Engineer Public Works Management Analyst BKF Engineers K:\WP\PROJECTS\SIGNALS\Guild Victor 2016\CAmendment BKF.doc 5/8/17 AMENDMENT NO. 1 BKF ENGINEERS PROFESSIONAL SERVICES AGREEMENT THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is made and entered this day of . 2017, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and BKF ENGINEERS, a California Corporation (hereinafter "CONTRACTOR"). WITNESSETH: 1. WHEREAS, CONTRACTOR and CITY entered into a Professional Services Agreement on December 22, 2016 (the "Agreement"), as set forth in Exhibit 1, attached hereto and made part hereof; and 2. WHEREAS, CONTRACTOR requested to increase the fees by $3,000 as compensation for additional design services required by CalTrans as part of the permit process for the project, for a total amount of $38,484, as set forth in Exhibit 2, attached hereto and made part hereof; and 3. WHEREAS, CITY agrees to said amendment. NOW, THEREFORE, the parties agree to amend the scope of services and fees as set forth above. All other terms and conditions of the Agreement remain unchanged. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 1 on the date and year first above written. CITY OF LODI, a municipal corporation Hereinabove called "CITY" STEPHEN SCHWABAUER City Manager Attest: JENNIFER M. FERRAIOLO City Clerk Approved as to Form: JANICE D. MAGDICH City Attorney BKF ENGINEERS, a California Corporation Hereinabove called "CONTRACTOR" Name: Title: Exhibit 1 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on (3'•�rrib,� dd-2016, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and BFK ENGINEERS (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 traffic signal and lighting design for Victor Road and Guild Avenue intersection (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 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 1 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 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 December 1, 2016 and terminates upon the completion of the Scope of Services or on November 30, 2018, whichever occurs first. 2 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. 3 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 and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, Toss, 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, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. 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. 4 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 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: To CONTRACTOR: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Dorothy Kam BFK Engineers 4670 Willow Road, Suite 250 Pleasanton, CA 94588 Attn: Jeff Wang, Project Manager 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 5 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 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. 6 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. 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. 7 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. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST: IFER M. ERRAIOLO Clerk A APPROVED AS TO FORM: jrAJANICE D. MAGDICH, City Attorney By: Attachments: Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements Exhibit D — Federal Transit Funding Conditions (if applicable) CITY OF LODI, a municipal corporation at L lid ST ' SCH BAUER City Manager BFK ENGINEERS By: Name: JE A Title: Project Manager Funding Source: PWST-0043.Design.ExtLabor (Business Unit & Account No.) Doc ID:K:\WP\PROJECTS\PSA's\2016\BFK Enginners PSA.doc CA:Rev.01.2015 8 PROJECT UNDERSTANDING AND APPROACH1 VW Pioposal — City of Lodi: Victoi Road and Guild Avenue Traffic Signal and Lighting Project ! f K10• = PROJECT UNDERSTANDING BKF Engineers (BKF) understands the City of Lodi (City) is seeking proposals from qualified firms to prepare construction -ready plans, specifications, arid cost estimates (PS&E) for the construction of intersection modifications and signal installation at Victor Road and Guild Avenue. BKF will provide project management, preliminary design and final design services for the purpose of plans, specification and cost estimate (PS&E) ready for advertisement, bid, and award. BKF is supported by our sub -consultant Kittelson & Associates (KAI) who will provide traffic operation engineering service for intersection level of service (LOS) calculation, storage lengths for tum determination and proposed traffic signal phasing under both existing and ultimate conditions. The BKF Team is streamlined and readily available to start immediately, has significant resources of specialized consultants and experienced personnel, and has a proven track record in delivering fast -tracked projects involving intersections layout, signal modification, sidewalk installation, roadway grading and drainage system modification. BKF has an established history of providing local agencies with professional design and consulting services for the delivery of PS&E for construction and obtaining Caltrans encroachment permit. Our understanding of the Project is based on the following: Intersection modification and new traffic signal installation at Victor Road and Guild Avenue. Provide altemative layout for the intersection of Lockford Street and Guild Avenue Install a new traffic signal system with Caltrans standard signal poles, mast arm, vehicular and pedestrian signal indications, detection system to meet Caltrans 2015 Standard Plans and Specification. Construct a new sidewalk on all four comers of the intersection and install ADA -compliant ramps. Coordinate with Caltrans to obtain encroachment permit. Over the past 30 years, BKF Engineers has been involved in hundreds of intersection layout, signal modification and sidewalk installation design projects throughout Northern California, from project inception, through conceptual design, all the way to construction. It is the Project's ultimate goal to prepare construction contract documents for the purpose of advertising, bidding, awarding and constructing, which comply Exhibit A with all applicable Caltrans and City design standards, requirements, and guidelines. With the project understanding including the recognition of possible risks, challenges, and resolution of key issues BKF has developed the following work plan with five specific tasks so the risks and challenges to the project can be managed, addressed and mitigated. Task 1 rroiect Start-up & Site Investigation With the notice to proceed from the City BKF will attend a project kick-off meeting with the City to discuss project intent, the limits of improvements, overall project scope, budget & master schedule. BKF will obtain all civil and utilities as -built plans from the City and utilities companies. BKF will conduct independent field site visits involving site reconnaissance to verify existing conditions. Task 1 Deliverables: Detailed CPM Schedule and Updates Project Meeting Materials (Agenda,Minutes, Logs etc.) for all Coordination Meetings Relevant Correspondence Monthly invoicing Format BKF ; 1 PROJECT UNDERSTANDING AND APPROACI Pioposal - City of Lodi: Victor Road and Guild Avenue Traffic Signal and Lighting Project Based on existing AM and PM peak hour traffic volumes provided by the city, Kittelson & Associates (KAI) will evaluate existing delay and LOS at the intersection of Victor Road and Guild Avenue using the Highway Capacity Manual (HCM) 2010 methods as implemented by the Vistro traffic analysis software. KAI will develop recommended intersection lane configuration and signal phasing for existing traffic conditions and analyze the resulting AM and PM peak hour LOS and delay. KAI will also coordinate with the City of Lodi and SJCOG to apply the Tri -County travel demand model to obtain 2040 forecast volumes for the ultimate cumulative conditions. Using the ultimate traffic volumes, KAI will recommend lane geometries and signal phasing and assess AM and PM peak hour delay and LOS with the proposed signal. The signal phasing developed for existing conditions will be modified to ensure the signal operates optimally With the topographic field survey information provided by the City and intersection lane configuration recommended by KIA BKF will prepare preliminary intersection layout with the proposed curb returns, wheel chair ramps, traffic signal equipment including poles, mast arm, signal indications and push buttons. Task 2: Analysis and Concept Design Immediately after Kick-off meeting with the City BKF contact utility companies without delay to request existing roadway and utility as -built plans, record right of way, block maps, and planned/proposed roadway work in the area. During this phase of work, BKF will compile available information, confirm work performed to date, perform investigative studies to progress the design to a level which will finalize and begin to mathematize the geometry and the right of way lines. Task 2 Deliverables: Traffic Analysis Preliminary Driveway Conform Limits at adjacent properties Preliminary Signal Layout Intersection Truck Turing Analysis Intersection lighting photometrics calculation Preliminary cost estimates of the project In anticipation of the work in Task 3 and 4, including updating and refining the intersection layout concept BKF will take this opportunity to open the dialogue and communication with City staff regarding key elements and constrains of the project to make sure the project's goal and needs will be meet. The goal of Task 2 is to gather all existing and new information and create a basis of conceptual design necessary to move forward with development of a refined intersection and traffic signal design, and address any issues before proceeding further with the 90% level Design Development and Construction Documentation, 10096 and final PS&E. Task 3: Design Development (90% Submittal) With the City approved intersection layout BKF will start Design Development phase of the project. A 9096 level of Design and Development Package will be prepared under this task. This task will involve taking the necessary steps to assess, balance, evaluate, coordinate and integrate the various project components, including the data gathered/ compiled in Task 1, standards and requirements, site conditions in order to develop, achieve, and refined the project's goal of pedestrian, bicycle, and vehicular operations and safety at the intersection. The result and deliverable of this first part of this task will be a highly -coordinated and detailed updated, complete and inclusive plans. The following are several key design issues and considerations: Minor Grading at Intersection Possible Existing Utilities Conflicts with Proposed Traffic Signal Equipment, Poles, Cabinets and Push Buttons Coordination with Utilities Agencies for Removal or Relocation of Existing Facilities Coordination with Lodi Electric Utility for Possible Electric Service to the Proposed Traffic Signal System 2 PRO JE�_ ^iDERS1ANHNC PPR(1)AC_:[I.10WPfoposal - Cit} oI Lodi Victor Road and Guild 4venue Traffic Signal and Lighting Project 1 K10' Tema 1~1 BKF will essentially revisit the conceptual design during this task and address any and all issues before proceeding further with the project, and specifically the PS&E. As part of the 9096 Design and Development Package, a detailed engineer's estimate will be prepared to reflect the design and construction details. Specific bid items and precise quantities will be taken oft and directly linked and supported by the City technical specifications Task 3 Deliverables: 90% Design and Development Package Including, Cover sheet for Construction Plans Typical Cross Section Sheets Layout Plan Traffic Signal Installation Plan, Including Signal Layout Sheet and Pole Equipment and Conductors Schedule • Signing and Striping Sheet Project Specifications Task 4 100% Construction Documentation BKF will attend a meeting with the City staff to review the 9096 Design and Development Package comments from the City and Caltrans. BKF will revise plans, estimate and specification per the City and Caltrans' comments and make the submittal for PS&E bid package. BKF will perform an in-house QA/QC review of the documents submitted to the City. BKF's quality control review for the 10096 submittal will include the review of the design package for compliance with the governing jurisdictional standards and completeness. The review will focus on ensuring that the plan elements are clearly delineated. The different project sheets will present the design in a common manner with no contradictions or variances. Task 4 Deliverables: 65% Design and Development Package Including, Cover sheet for Construction Plans Typical Cross section Sheets Layout Plan Grading Plan Constructions Details Sheet Traffic Signal Installation Pian Signing and Striping Sheet Specifications Updated Construction Cost Estimate and Bid List Task 5 Final Construction Documentation (Bid Package) For the Final Bid package, BKF will incorporate or resolve any remaining comments received as a result of the 10096 submittal review. BKF will also conduct remaining site investigations. It is crucial that the design engineers are confident that existing field conditions have not changed since inception of the project and are depicted accurately in the bid -ready documents. Assumptions, in lieu of verifications, are not acceptable; BKF will walk the site with the final bid docs prior to submittal. All remaining aspects of the design will be finalized in order to prepare a complete, checked and bid -ready set of documents. Schedules for utility relocations will be confirmed. The construction cost estimate will be updated and formatted to its final form. BKF will conduct a final quality control review on all documents to ensure that all design elements are thoroughly addressed prior to their submission to the City. Task 5 Deliverables: Final 100% Construction Plans and Technical Specifications Final Construction Cost Estimate and Bid List With the red mark ups provided by the Contractor BKF will prepare as -built plans for the project. Task 6 Deliverables: As -Built Plans in PDF and Cad Format BKF 3 1E 19 7. 3 4 1' �n 1 Is 1 EXHIBIT C Insurance Requirements for Contractor The Contractor shall take out and maintain during the life of this Agreement, insurance coverage as listed below_ These insurance policies shall protect Contractor and any subcontractor perforating 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 Contractor's operations under this Agreement, 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: 1. COMPREHENSIVE GENERAL LIABILITY $2,000,000 Each Occurrence $4,000,000 General Aggregate 2 COMPREHENSIVE AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit Such insurance shall cover liability arising out of any vehicle (including, owned, hired and non -hired vehicles) operated in performing any and all services pursuant to this Agreement. Coverage shall be written on ISO form CA 00 01 12 90, or a later version, that provides liability coverage at least as broad as this form. 3 PROFESSIONAL LIABILITY / ERRORS AND OMISSIONS $2,000,000 Each Occurrence All limits are to be designated strictly for the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. All deductibles or self-insured retentions (SIR) must be disclosed to City's Risk Manager for approval and shalt not reduce the limits of liability set faith hereinabove. Insurance policies containing any deductible or SIR provision shall provide, or be endorsed to provide, that the deductible or SIR may be satisfied by either the Named Insured(s) or the City of Lodi. It is required that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth above, shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (i) the minimum coverage and limits specified in these insurance requirements; or (ii) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the Contractor; whichever is greater. 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 Califomia Tort Claims Act (California Govemment Code Section 810 et seq.). A copy of the certificate(s) of insurance with the following endorsements shall be furnished to the City: (a) Additional Named Insured Endorsement Pursuant to a separate endorsement (150 form CG 2010 (11/85) or a later version, Chat provides liability coverage at least as broad as this form) 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. An additional named insured endorsement is also required for Auto Liability. (b) Primary and Non -Contributory Insurance Endorsement Additional insurance coverage under the Contractor's policy shall be "primary and non-contributory" and will not seek contribution from City's insurance or self-insurance and shall be at least as broad as ISO form CG 20 01 04 13. 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, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of the project that it is insuring. (c) Waiver of Subrogation Include a waiver of subrogation against the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers A waiver is required for General Liability and Auto Liability. Page 1 1 of 2 pages Risk: rev,03.2016 Insurance Reauirements for Contractor (continued) (d) Limits of Coverage The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance of Contractor shall contain, or be endorsed to contain, a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect the City as a named insured. (e) Completed Ooerations Endorsement For three years after completion of project, a certificate of insurance with a Completed Operations Endorsement, CG 20 37 07 04, will be provided to the City of Lodi. (f) 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. (9) 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 West Pine St., Lodi, CA 95240. (h) Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall fumish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. (i) Failure to Comply If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the names) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (18) day of the month following the City's notice. Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities (I) Qualified Insurer(s). All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. Workers Compensation Insurance The Contractor shall take out and maintain during the life of this Agreement, 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 Agreement 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. A waiver of subrogation is required for workers compensation insurance. This policy may not be canceled nor the coverage reduced without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240 NOTE: The City reserves the right to obtain a full certified copy of any insurance policy or endorsements required. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. Page 21 of 2 pages Risk: rev 03.2016 BKFI0O+ 111111 YEARS ENGINEERS . SURVEYORS . PLANNERS April 25, 2017 Dorothy Kam Associate Traffic Engineer City of Lodi 221 W. Pine Street Lodi, CA 95240 Exhibit 2 Subject: Proposal for Additional Design Services for Victor Road and Guild Avenue Traffic Signal and Lighting Project Dear Ms. Kam: BKF Engineers (BKF) is submitting this extra work service request for civil engineering work regarding the Victor Road and Guild Avenue Traffic Signal and Lighting Project. To arrive at the estimated effort required for the Work, we have outlined a proposed scope of service and associated level of effort fee based on the required Work. BAC KG ROU N D The basis of this extra work service request is as follows: Per the pre- encroachment submittal meeting with Caltrans, dated March 28, 2017, Caltrans requires the following two tasks to be performed as part of the permit process, • Task 1, ICE (Intersection Control Evaluation) • Task 2, PEER(Permit Engineering Evaluation Report) Both tasks are not defined in the City's original Request for Proposal for the subjected project and therefore are not covered under BKF's fee proposal submitted to the City on Septemberl5, 2016. PROJECT SCOPE OF WORK & EFFORT Task 1- ICE (Intersection Control Evaluation) Two steps process, 1)Assessment / Screening and 2)Engineering Analysis, is typically required by but Caltrans indicated during the meeting only step 1 would be required for this project since the existing right of way constrains and heavy truck traffic along HWY 12. Caltrans also required the ICE be part of traffic study for this project therefore Kittelson will provide the analysis with an exhibit showing right of constrains. Estimate Fee Cost: $1,000 Task 2 — PEER(Permit Engineering Evaluation Report) BKF will prepare the PEER per Caltrans standards. BKF will also address Caltrans comments to obtain Caltrans approval on the PEER. Estimate Fee Cost: $2,000 4670 Willow Road, Suite 250, Pleasanton, CA 94588 1 925.396.7700 Lio ioo+ — YEARS ENGINEERS. SURVEYORS. PLANNERS SUMMARY BKF proposes to provide the work described in the above Project Scope of Work & Effort for an estimated not to exceed fee of $3,000. And these additional tasks would not require contract extension. Should any additional services be requested or required which are not included in our Scope of Work above, we will prepare a letter for additional service and fee and forward it to you for approval and processing prior to executing any additional work task. All fees, including our base services and additional work, shall be paid on a time and material basis in accordance with our schedule of Professional Personnel Service Fees expiring on December 31, 2017 which is attached for reference. Very truly yours, BKF ENGINEERS --Ye? 467 Jeff Wang, PE Associate / Project Manager Page 2 of 2 RESOLUTION NO. 2017-89 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH BKF ENGINEERING, OF PLEASANTON, FOR TRAFFIC SIGNAL AND LIGHTING DESIGN FOR THE VICTOR ROAD AND GUILD AVENUE INTERSECTION WHEREAS, on November 2, 2016, the City Council approved a Professional Services Agreement with BKF Engineering, of Pleasanton, for traffic signal and lighting design for the Victor Road and Guild Avenue intersection; and WHEREAS, on March 28, 2017, staff from the City of Lodi, BKF Engineering, and CalTrans met to discuss the encroachment permit process and design requirements wherein CalTrans staff indicated that Intersection Control Evaluation (ICE) and Permit Engineering Evaluation Report (PEER) are required as part of the encroachment permit process; and WHEREAS, staff recommends authorizing the City Manager to execute Amendment No. 1 to the Professional Services Agreement with BKF Engineering for traffic signal and lighting design for the Victor Road and Guild Avenue intersection, in the amount of $3,000. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with BKF Engineering, of Pleasanton, California, for traffic signal and lighting design for the Victor Road and Guild Avenue intersection, in the amount of $3,000. Dated: May 17, 2017 I hereby certify that Resolution No. 2017-89 was passed and adopted by the City Council of the City of Lodi in a regular meeting held May 17, 2017 by the following vote: AYES: COUNCIL MEMBERS — Johnson, Nakanishi, and Mayor Kuehne NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Chandler and Mounce ABSTAIN: COUNCIL MEMBERS — None -YY\ ( E'NNIFER. FERRAIOLO City Clerk 2017-89 CITY COUNCIL DOUG KUEHNE, Mayor ALAN NAKANISHI, Mayor Pro Tempore MARK CHANDLER BOB JOHNSON JOANNE MOUNCE CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6706 / FAX (209) 333-6710 EMAIL: pwdept@lodi.gov www.lodi coy May 10, 2017 BKF ENGINEERING 4670 WILLOW ROAD, SUITE 250 PLEASANTON, CA 94588 STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney CHARLES E. SWIMLEY, JR. Public Works Director SUBJECT: ADOPT RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH BKF ENGINEERING, OF PLEASANTON, FOR TRAFFIC SIGNAL AND LIGHTING DESIGN FOR VISTOR ROAD AND GUILD AVENUE INTERSECTION ($3,000) Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, May 17, 2017. The meeting will be held at 7 p.m. in the City Council Chamber, Carnegie Forum, 305 West Pine Street. This item is on the consent calendar and is usually not discussed unless a Council Member requests discussion. The public is given an opportunity to address items on the consent calendar at the appropriate time. If you wish to write to the City Council, please address your letter to City Council, City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street. If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's card (available at the Carnegie Forum immediately prior to the start of the meeting) and give it to the City Clerk. If you have any questions about communicating with the Council, please contact Jennifer M. Ferraiolo, City Clerk, at (209) 333-6702. If you have any questions about the item itself, please call Dorothy Karn at (209) 333- 6706. Charles E. Swimley, Jr. • Public Works Director CES/tdb Enclosure cc: City Clerk