HomeMy WebLinkAboutAgenda Report - December 19, 2018 C-06TM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM
C -6
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Professional Services
Agreement with Kjeldsen, Sinnock & Neudeck, Inc., of Stockton, for Engineering
Services for Lodi Lake Riverbank Stabilization and Restoration Project ($278,500),
and Appropriating Funds ($278,500)
MEETING DATE: December 19, 2018
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Professional
Services Agreement with Kjeldsen, Sinnock & Neudeck, Inc., of
Stockton, for engineering services for Lodi Lake Riverbank
Stabilization and Restoration Project, in the amount of $278,500, and appropriating funds in the amount
of $278,500.
BACKGROUND INFORMATION: A portion of the riverbank on the Mokelumne River that runs along
the northern boundary of Lodi Lake Park, has been severely eroded
in the past years and is threatening park facilities. The erosion has
exposed irrigation lines, tree roots, and is causing collapse of concrete retaining wall structures.
To address the erosion, the City has applied for and received a $1,000,000 State grant to perform repair
and restoration work along the eroded portions of riverbank within Lodi Lake Park. The grant will be used
to provide engineering services and construction of the necessary improvements to repair and restore the
riverbank. Because the work impacts the Mokelumne River, the design and permitting requirements
associated with this project are specialized and Staff is recommending the work to be conducted by an
outside consultant.
Staff solicited Kjeldsen, Sinnock & Neudeck (KSN), of Stockton, to prepare a proposal for the permitting
and design work of Lodi Lake Riverbank Stabilization and Restoration Project. KSN is a well-established
civil engineering firm and is considered an expert in flood protection and levee restoration in the San
Joaquin County area. KSN has worked with the City in the past on two erosion repair projects with
satisfactory results. Their team is familiar with the permitting process of this type of work.
KSN's proposal includes site data collection and site assessment, biological assessment by a qualified
biologist, permit acquisition from different State and Federal agencies, project design, preparation of
plans and specifications, and construction management. The site assessment is expected to start in
February of 2019, the permitting process could take 18 to 24 months. Construction is expected to start in
early 2021, with completion by late summer of 2021.
Staff recommends authorizing City Manager to execute Professional Services Agreement with Kjeldsen,
Sinnock & Neudeck, Inc., of Stockton, for engineering services for Lodi Lake Riverbank Stabilization and
Restoration Project, in the amount of $278,500, and appropriating funds in the amount of $278,500.
FISCAL IMPACT: The cost of the engineering service will be reimbursed with the State Grant.
This project does not impact the General Fund.
Om -
APPROVED: 011t�
e • - n Sch .717.1r er, City Manager
K:\WP\PROJECTS\PARKS\LODILAKE\Riverbank Stabilization Project\CPSA_KSN.doc
12/4/2018
Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Kjeldsen, Sinnock & Neudeck, Inc., of Stockton, for Engineering
Services for Lodi Lake Riverbank Stabilization and Restoration Project ($278,500), and Appropriating Funds ($278,500)
December 19, 2018
Page 2
FUNDING AVAILABLE: Appropriation Requested:
20599000.77020:
Andrew Keys
Deputy City Manager/Internal Services Director
$278,500
Charles E. Swimleyy, JJr.
Public Works Director
Prepared by Lyman Chang, Deputy Public Works Director/City Engineer
CES/LC/tdb
Attachment
Cc: Public Works Management Analyst
Parks/Recreation and Cultural Services Director
Senior Civil Engineer
KSN Consulting Engineer
K:\WP\PROJECTS\PARKS\LODILAKE\Riverbank Stabilization Project\CPSA_KSN doc 12/4/2018
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on 20_, by and between
the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and KJELDSEN,
SINNOCK & NUEDECK, INC., a California corporation (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 Mokelumne
River - Lodi Lake Riverbank Stabilization/Restoration 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 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
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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 January 1, 2019 and terminates
upon the completion of the Scope of Services or on December 31, 2021, 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 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.
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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: Lyman Chang
To CONTRACTOR: Kjeldsen, Sinnock & Nuedeck, Inc.
711 North Pershing Avenue
Stockton, CA 95203
Attn: Jeff Mueller, P.E.
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
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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.
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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.
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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.
CITY OF LODI, a municipal corporation
ATTEST:
JENNIFER M. FERRAIOLO STEPHEN SCHWABAUER
City Clerk City Manager
APPROVED AS TO FORM: KJELDSEN, SINNOCK & NUEDECK, a
JANICE D. MAGDICH, City Attorney California corporation
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:
(Business Unit & Account No.)
Doc ID:K:\WP\PROJECTS\PSA's\2018\KSN Lodi Lake PSA.doc
CA:Rev.01.2015
8
PROPOSAL
SCOPE OF WORK
Exhibit A/B
CITY OF LODI LOCAL ASSISTANCE SPECIFIED GRANT
MOKELUMNE RIVER-LODI LAKE RIVERBANK STABILIZATION AND RESTORATION PROJECT;
City of _ods
City of Lodi Local Assistance Specified Grant
Mokelumne River— Lodi Lake
Riverbank Stabilization /Restoration Project
Scope of Work
November 26, 2018
Project Background
The proposed project consists of the design, permitting, and construction of riverbank stabilization and
habitat restoration to approximately 2,000 lineal feet along the left bank of the Mokelumne River along
Lodi Lake frontage. The existing riverbank in this area serves as the northern boundary for several
different Lodi Lake recreational areas. Over the years the riverbank has continually eroded back into the
recreational landscape areas exposing irrigation lines, tree roots, and causing the collapse of concrete
retaining wall structures. The proposed project intends to provide long term improvements to the
existing level of erosion protection and to restore eroded recreational and riverbank habitat areas.
Project Approach
Kjeldsen, Sinnock and Neudeck, Inc. (KSN) proposes to provide the full suite of professional engineering,
biological, and environmental services to develop and successfully implement the proposed project.
KSN will survey and assess current site conditions, devise alternative design concepts, prepare
environmental compliance and biological assessments, acquire permits, prepare bid documents, provide
bid assistance to the City, and perform construction management and inspection services. Further
information on the professional services to be provided are detailed below.
Task No. 1— Project Management & Coordination
Project management activities include, but are not limited to, background data gathering and review,
coordination between KSN and its sub -consultants, and general management of the project. KSN
anticipates two meetings with the City of Lodi to discuss project progress and recommendations.
Task 1.1— Project Management
Deliverables: Miscellaneous electronic and written communications
Task No. 2 — Existing Conditions Assessment
KSN and select sub -consultants will visit the project site with City of Lodi representatives to form initial
estimates of appropriate methodologies, practicable alternatives, and gain a general familiarity with the
project areas. Existing boundary research and mapping will be performed, followed up by terrestrial
and bathymetric surveys of the project sites.
Task 2.1 —Site Visit
Task 2.2 — Right of Way Research
Task 2.3 — Survey/Bathymetric Soundings
Deliverables: Site visit photos; Site visit notes
Task No. 3 — Alternatives Analysis
KSN will prepare a memo detailing project alternatives and recommendations for City consideration.
Task 3.1— Alternatives Analysis
Deliverables: Alternatives Analysis Memo
N�
6
CITY OF LODI LOCAL ASSISTANCE~ SPECIFIED GRAS_
P.NOKtLUMNE RIVER-LODI LAKE RIVERBANK STABILIZATION AND RESTORATION PROJECT; N
(: odi
Task No. 4 — Permitting
The California Environmental Quality Act (CEQA) requires that public entities act as the lead agency on
projects. We will conduct an evaluation for a potential CEQA exemption, however, we anticipate that
permitting agencies for this project will require the preparation of an Initial Study which will likely result
in a Negative Declaration determination. If required, the KSN team will prepare the Initial Study and the
resulting CEQA determination for the City's use. CEQA services will also include the required cultural
resources compliance including Assembly Bill 52 tribal consultations, cultural records research, and
pedestrian surveys with mitigation/avoidances recommendation for any cultural sites.
KSN will provide comprehensive habitat restoration recommendations including substrate, species
composition in various areas (deep, shallow, edge, etc.) and planting methodologies to compliment the
stabilization design. Once the project description is developed, the KSN team will commence
preparation of the Biological Assessments (BAs). A BA on fisheries will be prepared and will be included
as a technical appendix to the overall project biological resources BA. The BA's will be comprehensive
such that they are suited to support the CEQA review as well as the wetland permitting.
The anticipated wetland permits include a U.S. Army Corps of Engineers (ACOE - Nationwide 27),
California Department of Fish and Wildlife (CDFW - 1602 Agreement), Central Valley Flood Protection
Board (CVFPB - Encroachment Permit), and the Regional Water Quality Control Board (RWQCB - 401
Certification). We will prepare and submit the applications and conduct follow-up with the agencies.
The outcome of permitting is not predictable but the KSN team is confident we will be able to secure the
needed permits as expeditiously as possible. The anticipated permitting work includes the following:
Task 4.1— CEQA Compliance — Initial Study/Mitigated Negative Declaration
Subtask 4.1.1 —Cultural Resources Compliance
Subtask 4.1.2 — Biological Assessments
Task 4.2 — USACE Nationwide Permit 27 — Aquatic Habitat Restoration
Task 4.3 — CDFW Section 1602 Lake and Streambed Alteration Agreement
Task 4.4 — CVFPB Encroachment Permit
Task 4.5 — RWQCB Clean Water Act Section 401 Certification
Deliverables — CEQA Determination and executed project Permits/Agreements.
Task No. 5 — Design, Plans, and Specifications
Design services include conducting a hydraulic analysis of project related streambed impacts for
permitting requirements. Geotechnical explorations will be performed consisting of shallow hand
augering at four project locations to index soil properties and assist with project design alternatives.
KSN will also prepare project design documents including preliminary construction plans and cost
estimate, as well as final construction plans, specifications, and cost estimate for project bidding.
Task 5.1— Hydraulic Impact Analysis
Task 5.2 — Geotechnical Exploration and Analysis
Task 5.3 — Preliminary Design
Subtask 5.3.1— Preliminary Construction Plans
Subtask 5.3.2 — Preliminary Cost Estimate
Task 5.4 — Final Design
Subtask 5.4.1— Final Construction Plans
Subtask 5.4.2 — Final Specifications
Subtask 5.4.3 — Final Cost Estimate
Deliverables: Preliminary Construction Plans and Cost Estimate; and
Final Construction Plans, Specifications, and Cost Estimate
7
PPOPOSAM
CFF Cid Lel+N LOC„ilL ASSUIANCt. SPECIFIED GRANT
OKELL MNI:: RIVER -LOCI LAKE NI'2ErdbANF4 S AHILI NATIO ti' AND RESTORATION A1'ION 'RO IL'C7; JJ
_ N
Task No. 6 — Bidding Services
KSN will support the City through the bidding process including holding a mandatory pre -construction
job walk, answering questions from prospective contractors, advertising in local media, preparing Bid
Addenda, conducting the project bid opening, reviewing bid documentation, and recommending award
of contract to lowest responsive/responsible bidder.
Task 6.1— Bidding Services
Deliverables: Public Notice, Bid Addenda, Bid Summary, and Contract Award Recommendation
Task No. 7 — Construction Services
Construction Management Services will consist of contract management including review and approval
of construction bonds and insurance certifications, compliance with the Department of Industrial
Relations, progress quantity verification and processing of contractor progress payments, and the filing
of a Notice of Completion with San Joaquin County. A pre -construction meeting will be also be
scheduled and held by Construction Management staff to discuss the project and outline unique project
characteristics with the Contractor. Construction inspection services will include daily construction
monitoring, quantity tracking, coordination with project Engineer, and the preparation of daily field
reports. Biological awareness training and biological monitoring and reporting will also be required
during certain construction activities as dictated by individual permit conditions.
Subtask 7.1— Construction Management
Subtask 7.2 — Construction Inspection/Biological Monitoring
Deliverables: Construction Contracts, Dept. of Industrial Relations notification,
Daily Field Reports, Progress Payments, Notice of Completion
Task No. 8 — Project Closeout
KSN will prepare and coordinate closing documentation to both the City of Lodi and Local, State, and
Federal Agencies as necessary. The KSN team will also provide for long term habitat monitoring and
reporting as required by permitting agencies.
Scope of Work Understandings
• This scope of work excludes services not described above, including public outreach services
• We are assuming the Project will include an erosion repair component (bank stabilization)
combined with a habitat restoration component
• A CEQA Initial Study is expected to be required
• Proposed construction is assumed to occur both above and below the MHW line subjecting the
project to a 404 permit for the USACE and 401 Certification.
• Permit Applications Fees to be paid by City of Lodi
• KSN will prepare the entire bid document package
• KSN will hold the project bid opening
• Construction will occur when Lodi Lake is drained/empty
KSN Fee Estimate
KSN proposes to provide the above described scope of service for a total fee not to exceed $278,500 for
tasks 1-8 as detailed in Table 1 below. KSN will bill monthly based on a time and expense, not to exceed
contract without prior authorization. Any additional services can be provided on a time and expense
8
PROPOSAL
CITY OF LODI LOCAL ASSISTANCE SPECIFIED GRANT
MOKELUMNE RIVER-LODI LAKE RIVERBANK STABILIZATION AND RESTORATION PROJECT,
basis and will be charged according to our prevailing -wage fee schedule. Please note that application
fees are not included in fee above and assumed to be paid directly to the appropriate regulatory agency.
Table 1— KSN Fee Breakdown
Task Description
Cost
1 Project Management and Coordination $ 13,000
Existing Conditions Assessment $ 11,500
Alternatives Analysis $ 4,600
4 Permitting $ 112,000
5 Design, Plans, and Specifications $ 50,000
6 Bidding Services $ 2,900
7 Construction Services $ 57,500
8 Project Closeout $ 27,000
Total $ 278,500
2
3
SCHEDULE
Upon receipt of an executed agreement and notice to proceed, KSN can commence working on this project immediately, Assuming
authorization of this work in January 2019, we anticipate initial site visit and existing conditions assessments can be performed in
February 2019 when Lodi Lake is expected to be drained. We anticipate the project permitting to drive the project schedule and expect
an 18-24 month turnaround to comply with the permitting agencies. As a result we are targeting February 2021 for the beginning of project
construction activities.
jc Notice to Proceed
rr Site Visit & Existing Conditions Assessment
Permitting (18-24 month turnaround)
r[ Begin Construction
# l l# i i l# i i i a 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
2019 2020 2021
•
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EXHIBIT C
NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a
contract you will receive an email from the City's online insurance program requesting you to forward the email to your
insurance provider(s) to submit the required insurance documentation electronically
Insurance Requirements For Design Professionals- Architects/Engineers
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages
to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the
Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including
products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than
$2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non -
owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage.
3 Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit
of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limits not Tess than
$2,000,000 per occurrence or claim.
Other Insurance Provisions:
(a) Additional Named Insured Status
The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered
as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on
behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General
liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form
CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38. and CG 20 37 if a
later edition is used
(b) Primary and Non -Contributory Insurance Endorsement
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For
any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG
20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained
by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute
with it.
(c)
Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said
Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to
obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether
or not the City of Lodi has received a waiver of subrogation endorsement from the insurer
NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) 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.
(d) 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 under the Contractors commercial general liability and automobile liability policies.
(e) 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.
Page 1 1 of 2 pages Risk: rev. 3/1/2018
(f) 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. 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.).
(g)
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 name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement
and interest on the first (1st) 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.
(h) Verification of Coverage
Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and
amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates
and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required
documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to
require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at
any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective
date.
(i) Self -Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability
to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall
provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
(i)
Insurance Limits
The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents,
representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials,
employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement
in the Agreement for Contractor to procure and maintain a policy of insurance.
(k) Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and
Consultant shall ensure that City is an additional insured on insurance required from subcontractors
(1) Claims Made Policies
If any of the required policies provide coverage on a claims -made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the
contract of work.
3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior
to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after
completion of contract work.
(m) 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,
Page 2 I of 2 pages ! Risk: rev. 3/1/2018
RESOLUTION NO. 2018-242
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH KJELDSEN, SINNOCK & NEUDECK, INC., OF
STOCKTON, FOR ENGINEERING SERVICES FOR LODI LAKE
RIVERBANK STABILIZATION AND RESTORATION PROJECT; AND
FURTHER APPROPRIATING FUNDS
WHEREAS, a portion of the riverbank on the Mokelumne River that runs along the
northern boundary of Lodi Lake Park has been severely eroded in the past years and is
threatening park facilities; and
WHEREAS, to address the erosion, the City has applied for and received a $1,000,000
State grant to perform repair and restoration work along the eroded portions of riverbank within
Lodi Lake Park; and
WHEREAS, staff recommends authorizing the City Manager to execute a Professional
Services Agreement with Kjeldsen, Sinnock & Neudeck, Inc., of Stockton, for engineering
services for Lodi Lake Riverbank Stabilization and Restoration Project, in the amount of
$278,500; and
WHEREAS, staff also recommends that the City Council appropriate funds in the
amounts of $278,500 from the fund balance of ST B&W Grt Fund (20599000.77020) for
Fiscal Year 2018/19.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute a Professional Services Agreement with Kjeldsen,
Sinnock & Neudeck, Inc., of Stockton, California, for engineering services for Lodi Lake
Riverbank Stabilization and Restoration Project, in the amount of $278,500, for the term of two
years; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize an
appropriation for the engineering services for Lodi Lake Riverbank Stabilization and Restoration
Project, in the amount of $278,500, as set forth above.
Dated: December 19, 2018
I hereby certify that Resolution No. 2018-242 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held December 19, 2018, 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
NIFER ' i FERRAIOLO
City Clerk
2018-242