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HomeMy WebLinkAboutAgenda Report - November 2, 2016 C-06TM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM 3-6 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with BKF Engineers, of Pleasanton, for Guild Avenue and Victor Road Intersection Traffic Signal and Lighting Design Services ($35,484), and Appropriating Funds ($15,000) MEETING DATE: November 2, 2016 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Professional Services Agreement with BKF Engineers, of Pleasanton, for Guild Avenue and Victor Road Intersection Traffic Signal and Lighting design services, in the amount of $35,484, and appropriating funds in the amount of $15,000. BACKGROUND INFORMATION: The 2012 Impact Mitigation Fee Program (IMFP) updated report, approved by City Council on August 15, 2012, included a fully IMFP funded traffic signal at the intersection of Guild Avenue and Victor Road, as shown in Exhibit A. This intersection is located within both City and CalTrans jurisdictions and ranks number two on the current Traffic Signal Priority List. 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. Staff issued a request for proposals for engineering and design services on August 31, 2016, and received six proposals on September 15, 2016. Based on the written proposals, consultant's qualifications, reference check, and experience, BKF Engineers was selected for this project. The total project budget of $55,000 includes project -related expenses and city staff time. Staff anticipates -requesting City Council to approve plans and specification in May 2017 and award the construction contract in July 2017. Staff recommends Council authorize City Manager to execute a Professional Services Agreement with BKF Engineers, of Pleasanton, for Guild Avenue and Victor Road Intersection Traffic Signal and Lighting design services, in the amount of $35,484 and appropriating funds in the amount of $15,000. FISCAL IMPACT: Not applicable. APPROVED: Ste • Sch - . - 1 ity Manager K:\WP\PROJECTS\SIGNALS\Guild_Victor 2016\CPSA GuildVictorDesignServices.doc 10/19/16 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with BKF Engineers, of Pleasanton, for Guild Avenue and Victor Road Intersection Traffic Signal and Lighting Design Services ($35,484), and Appropriating Funds ($15,000) November 2, 2016 Page 2 FUNDING AVAILABLE: GuildNictor Signal Design (Fiscal Year 2016/17) $40,000 Requested Appropriation: Street Impact Fees (30899000.77020) Total Design Cost: Jordan Ayers Deputy City Manager/Internal Services Director Prepared by Dorothy Kam, Assistant Traffic Engineer CES/DK/tdb Attachments cc: City Engineer/Deputy Public Works Director Transportation Manager/Senior Traffic Engineer Public Works Management Analyst BKF Engineers Q $15.000 $55, 000 Charles E. Swimley, Jr. Public Works Director K:\WP\PROJECTS\SIGNALS\Guild_Victor 2016\CPSA GuildVictorDesignServices.doc 10/19/16 EXHIBIT A 114410. • —_..— ' • 'nniinli s WAN' e W �. � ?tog, r • User: dkam Path: G:\ESRI Maps\Lodi - Total Map.mxd Traffic Signal and Lighting Project Guild Avenue and Victor Road Intersection W E 1 in=100ft AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on . 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, 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, 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: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Dorothy Kam To CONTRACTOR: 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 Employe 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 CITY OF LODI, a municipal corporation JENNIFER M. FERRAIOLO STEPHEN SCHWABAUER City Clerk City Manager APPROVED AS TO FORM: BFK ENGINEERS JANICE D. MAGDICH, City Attorney By: By: Name: JEFF WANG Title: Project Manager Attachments: Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements Exhibit D — Federal Transit Funding Conditions (if applicable) 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 APPRO.ACr, sz BKF Pioposal — City of Locli: Victoi Road and Guild Avenue Traffic Signal and Lighting Project I 1 100 PROJECT UNDERSTANDING BKF Engineers (BKF) understands the City of Lodi (City) is seeking proposals from qualified firms to prepare construction -ready plans, specifications, and 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 turn 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 alternative 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 corners 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: Project 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 1 PROJECT UNDERSTANDING AND APPROACH Proposal — City of Locli: 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: LT BKF I too 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, 100% 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 90% 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 PROJECT UNDERSTANDING AND APPROACH Proposal — City of Lodi: Victor Roacl and Guild Avenue Traffic Signal and Lighting Project 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 90% 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 off, 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 90% 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 100% 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 Plan Signing and Striping Sheet Specifications Updated Construction Cost Estimate and Bid List Task 5: Final Construction Documentation 'BKF !co = (Bid Package) For the Final Bid package, BKF will incorporate or resolve any remaining comments received as a result of the 100% 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 Task 6: As -Built Plr 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 2 N N 1 N NMh YIN IM NI M tl m Ti N ""r no 1.1 Al N it it I 1 I 7.1 2 0 o a m z w a 2 a 8 3 » » 8 w 1 E it 141 tLift 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 performing work covered by this Agreement from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from 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 at 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 shall not reduce the limits of liability set forth 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 California Tort Claims Act (California Government 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 (ISO form CG 2010 (11/85) or a later version, that 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 proiect 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 Requirements 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 Operations 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) (g) 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. 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 furnish 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. (1) 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 (1S) 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. (j) 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 1 Risk: rev.03.2016 1. AA# 2. JV# CITY OF LODI APPROPRIATION ADJUSTMENT REQUEST TO: Internal Services Dept. - Budget Division 3 FROM: Rebecca Areida-Yadav 5. DATE: 10/17/2016 4. DEPARTMENT/DIVISION: Public Works 6. REQUEST ADJUSTMENT OF APPROPRIATION AS LISTED BELOW FUND # BUS. UNIT # ACCOUNT # ACCOUNT TITLE AMOUNT A. SOURCE OF FINANCING 308 32205 Fund Balance $ 15.000.00 B. USE OF FINANCING 308 30899000 77020 Capital Projects $ 15,000.00 7. REQUEST IS MADE TO FUND THE FOLLOWING PROJECT NOT INCLUDED IN THE CURRENT BUDGET 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. Additional appropriation, PSA with BKF Engineers for design services for Guild Ave./Victor Rd. signal project. If Council has authorized the appropriation adjustment, complete the following: Meeting Date: Department Head Signature: Res No: cam. Attach copy of resolution to this form. 10•1q• 14 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. 2016-195 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BKF ENGINEERS, OF PLEASANTON, FOR GUILD AVENUE AND VICTOR ROAD INTERSECTION TRAFFIC SIGNAL AND LIGHTING DESIGN SERVICES AND FURTHER APPROPRIATING FUNDS WHEREAS, the 2012 Impact Mitigation Fee Program (IMFP) updated report, approved by City Council on August 15, 2012, included a fully IMFP funded traffic signal at the intersection of Guild Avenue and Victor Road; and WHEREAS, 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; and WHEREAS, staff issued a request for proposals for engineering and design services on August 31, 2016, and received six proposals on September 15, 2016. Based on the written proposals, consultants' qualifications, reference checks, and experience, BKF Engineers was selected for this project; and WHEREAS, staff recommends Council authorize the City Manager to execute a Professional Services Agreement with BKF Engineers, of Pleasanton, for design services for Guild Avenue and Victor Road Intersection Traffic Signal and Lighting, in the amount of $35,484; and WHEREAS, staff also recommends appropriating funds from Street Impacts Fees, in the amount of $15,000. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a Professional Services Agreement with BKF Engineers, of Pleasanton, California, for design services for Guild Avenue and Victor Road Intersection Traffic Signal and Lighting, in the amount of $35,484; and BE IT FURTHER RESOLVED that Lodi City Council does hereby appropriate funds in the amount of $15,000 for this project. Dated: November 2, 2016 I hereby certify that Resolution No. 2016-195 was passed and adopted by the City Council of the City of Lodi in a regular meeting held November 2, 2016, by the following vote: AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None JE NIFER t FEE RAIOLO ity Clerk 2016-195