HomeMy WebLinkAboutAgenda Report - December 19, 2018 C-09TM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM
C 1-•A
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 3 to
Professional Services Agreement with 3D Data Com, of Rancho Cordova, for Lodi
Transit Station and Parking Structure Safety and Security Project
MEETING DATE: December 19, 2018
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to Execute Amendment
No. 3 to Professional Services Agreement with 3D Data Com, of
Rancho Cordova, for Lodi Transit Station and Parking Structure
Safety and Security Project.
BACKGROUND INFORMATION: On August 25, 2017, the City entered into a Professional Services
Agreement with 3D Data Com, of Rancho Cordova, for Lodi Transit
Station and Parking Structure Safety and Security Project, in the
amount of $172,500. The Project includes upgrading and installing new cameras to view 90 -degree,
270 -degree or 360 -degree areas at 18 locations at the Lodi Transit Station and Parking structure; and
four cameras to monitor the four Sacramento Street intersections (Elm Street, Pine Street, Oak Street,
and Walnut Street). The project also includes two speakers and a core media server system for
monitoring purposes.
Amendment No. 1 was executed on December 28, 2017, and extended the term of the agreement
through June 30, 2018. Amendment No. 2 was executed on May 16, 2018, and again, extended the term
of the agreement, through December 31, 2018. Amendment No. 3, if approved, will extend the term of
the agreement through June 30, 2019, within the existing not -to -exceed amount of $172,500.
Unforeseen delays in the project are largely a result of the transfer of 3D Data Com's network system
from the Transit Station to the City's main data center. This work was not anticipated when the contract
was awarded and has led to a number of network compatibility and coordination issues that are still being
worked through. No additional funds have been added since the scope of work remains the same.
Staff recommends authorizing City Manager to Execute Amendment No. 3 to Professional Services
Agreement with 3D Data Com, of Rancho Cordova, for Lodi Transit Station and Parking Structure
Safety and Security Project.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Not applicable.
CES/CES/tdb
Attachment
Charles E. Swimley, Jr.
Public Works Director
APPROVED:
Ste 5PretfSch• J , City Manager
K:\WP\PROJECTS\TRANSIT\Security and Safety (3D Datacom)\2017 CMAS\C 3D Datacom Amend No. 3.doc 11/28/2018
AMENDMENT NO. 3
3D DATA COM
PROFESSIONAL SERVICES AGREEMENT
THIS AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT, is
made and entered this day of , 20_, by and between the
CITY OF LODI, a municipal corporation (hereinafter "CITY"), and 3D DATA COM, a
California corporation (hereinafter "CONTRACTOR").
WITNESSETH:
1. WHEREAS, CONTRACTOR and CITY entered into a Professional Services
Agreement on August 25, 2017, Amendment No. 1 on December 28, 2017, and
Amendment No. 2 on May 16, 2018 (collectively the "Agreement), as set forth in
Exhibit 1, attached hereto and made a part hereof; and
2. WHEREAS, CITY requested to amend the term of the Agreement to extend the
term through June 30, 2019, within the existing not -to -exceed amount of
$172,500; and
3. WHEREAS, CONTRACTOR agrees to said amendment.
NOW, THEREFORE, the parties agree to amend the Agreement 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. 3 on the date and year first above written.
CITY OF LODI, a municipal corporation
Hereinabove called "CITY"
3D DATA COM, a California
corporation
Hereinabove called "CONTRACTOR"
STEPHEN SCHWABAUER FRANK J. PEDERSEN, JR.
City Manager General Manager
Attest:
JENNIFER M. FERRAIOLO, City Clerk
Approved as to Form:
JANICE D. MAGDICH
City Attorney
Exhibit 1
AMENDMENT NO. 2
3D DATA COM
PROFESSIONAL SERVICES AGREEMENT
THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, is
made and entered this 16 441 day of CrA,t , 2018, by and between the
CITY OF LODI, a municipal corporation (hereiifter "CITY"), and 3D DATA COM, a
California corporation (hereinafter "CONTRACTOR").
WITNESSETH:
1. WHEREAS, CONTRACTOR and CITY entered into a Professional Services
Agreement on August 25, 2017 and Amendment No. 1 on December 28, 2017
(collectively the "Agreement), as set forth in Exhibit 1, attached hereto and made
a part hereof; and
2. WHEREAS, CITY requested to amend the term of the agreement to extend
through December 31, 2018, within the existing not -to -exceed amount of
$172,500; and
3. WHEREAS, CONTRACTOR agrees to said amendment.
NOW, THEREFORE, the parties agree to amend the Agreement 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. 2 on the date and year first above written.
CITY OF LODI, a municipal corporation
Hereinabove called "CITY"
City Manager
Attest:
R
NIFER ML. ER'AIOLO, City Clerk
Approved as to Form:
ANICE'D. MAGDICH
City Att'rney
3D DATA COM, a California
corporation
Hereinabove called "CONTRACTOR"
-'AN J. PEDERSEN,
Ge r. Manager
Exhibit 1
AMENDMENT NO. 1
3D DATA COM
PROFESSIONAL SERVICES AGREEMENT
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is
made and entered this aeh, day of fly., 2017, by and between the
CITY OF LODI, a municipal corporation (hereinafter "CITY"), and 3D DATA COM, a
California corporation (hereinafter "CONTRACTOR").
WITNESSETH:
1. WHEREAS, CONTRACTOR and CITY entered into a Professional Services
Agreement on August 25, 2017 (the "Agreement), as set forth in Exhibit 1,
attached hereto and made a part hereof; and
2. WHEREAS, CITY requested to amend the term of the agreement to extend
through -June -30, 2018, within the existing Scope of Services and fees in the
amount of $172,500; and
3. WHEREAS, CONTRACTOR agrees to said amendment.
NOW, THEREFORE, the parties agree to amend the Agreement 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 3D DATA COM, a California
corporation
Herelnabove called "CONTRACTOR"
Hereinabove called "CITY"
STEPI-I
City Manager
Attest:
I
1
41 IFER M. ERRAIOLO, City Clerk
Approved as to Form:
rANICE D. MAGDICH
City Attorney
RANKjJ. PEDERSEN
Ger(eraljManager
Exhibit f
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties ,.�.
THIS AGREEMENT is entered into on CP- , 20 1 , by and between the
CITY OF LODI, a municipal corporation (hereinafter "CITY'), and 3D DATA COM, 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 Lodi Transit
Station and Parking Structure Safety and Security 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
thls Agreement based on a mutually agreed upon timeline or as otherwise designated In
the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY
staff to provide required data or review documents within the appropriate time frames.
The review time by CITY and any other agencies involved In the project shall not be
counted against CONTRACTOR's contract performance period. Also, any delays due to
weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall
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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 oy CONTRACTOR of any changes of CONTRACTOR's project staff
prior to any change,
CONTRACTOR represents it Is prepared to and can perform all services within
the Scope of Services (Exhibit A) and is prepared to and can perform all services
specified therein. CONTRACTOR represents that it has, or will have at the time this
Agreement is executed, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature are legally required for CONTRACTOR to practice its profession, and
that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of
this Agreement all such licenses, permits, qualifications, insurance and approvals, and
shall indemnify, defend and hold harmless CITY against any costs associated with such
licenses, permits, qualifications, insurance and approvals which may be imposed against
CITY under this Agreement.
Section 2.5 Subcontracts
Unless prior written approval of CITY Is obtained, CONTRACTOR shall not enter
into any subcontract with any other party for purposes of providing any work or services
covered by this Agreement,
Section 2.6 Term
The term of this Agreement commences on August 21, 2017 and terminates
upon the completion of the Scope of Services or on December 18, 2017, 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 Prevailtri o Waite
The Contractor agrees to conform to the provisions of Chapter 1, Part 7, Division
2 of the Labor Code. The Contractor and any Subcontractor will pay the general
prevailing wage rate and other employer payments for health and welfare, pension,
vacation, travel time, and subsistence pay, apprenticeship or other training programs.
The responsibility for compliance with these Labor Code requirements is on the prime
contractor.
Section 3.3 Contractor Registration -- Labor Code 1725.5
No contractor or subcontractor may be awarded a contract for public work on a
public works project (awarded on or after April 1, 2015) unless registered with the
Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the
Department of Industrial Relations.
Section 3.4 Contract Bonds
CONTRACTOR shall furnish two good and sufficient bonds:
1. A faithful performance bond in the amount of one hundred percent
(100%) of the contract price; and
2. A labor and materials bond In the amount of one hundred percent (100%)
of the contract price.
These bonds will be required at the time the signed contract is returned to the
City.
Section 3,5 LAB 626) Public Contract Code Suction 9204 -- Public Works Protect
Contract Dispute Resolution Procedure
Section 9204 of the California Public Contract Code (the "Code") provides a
claim resolution process for "Public Works Project" contracts, as defined, which is
hereby Incorporated by this reference, and summarized in the following:
Definitions:
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"Claim" means a separate demand by a contractor sent by registered mall or certified
mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or
penalties for delay assessed by the Clty under a contract for a Public Works Project.
(B) Payment of money or damages arising from work done by, or on behalf
of, a contractor pursuant to a contract for a Public Works Project and payment for which
is not otherwise expressly provided or to which a claimant is not otherwise entitled.
(C) Payment of an amount that Is disputed by the City.
"Public Works Project" means the erection, construction, alteration, repair, or
improvement of any public structure, building, road, or other public improvement of any
kind.
Claim Resolution Process:
(1) All Claims must be properly submitted pursuant to the Code and include
reasonable documentation supporting the Claim. Upon receipt of a Claim, the City will
conduct a reasonable review, and within a period not to exceed 45 days, will provide the
claimant a written statement Identifying the disputed and undisputed portions of the
Claim. The City and contractor may, by mutual agreement, extend the time periods in
which to review and respond to a Claim. If the City fails to issue a written statement,
paragraph (3) applies.
Any payment due on a portion of the Claim deemed not in dispute by the City will
be processed and made within 60 days after the City issues its written statement.
(2) If the claimant disputes the City's response, or if the City fails to respond
to a Claim within the time prescribed in the Code, the claimant may demand in writing,
by registered mail or certified mail, return receipt requested, an Informal conference to
meet and confer for settlement of the issues in dispute, which will be conducted within
30 days of receipt.
If the Claim or any portion thereof remains in dispute after the meet and confer
conference, the Clty will provide the claimant a written statement, within 10 business
days, identifying the remaining disputed and undisputed portions of the Claim. Any
payment due on an undisputed portion of the Claim will be processed and made within
60 days after the City issues its written statement, Any disputed portion of the Claim, as
identified by the contractor in writing, shall be submitted to nonbinding mediation, as set
forth in the Code, unless mutually waived and agreed, in writing, to proceed directly to a
civil action or binding arbitration, as applicable.
(3) A Claim that is not responded to within the time requirements set forth in
the Code is deemed rejected in its entirety. A Claim that Is denied by reason of such
4
failure does not constitute an adverse finding with regard to the merits of the Claim or
the responsibility or qualifications of the claimant,
(4) Amounts not paid In a timely manner as required by the Code will bear
interest at 7 percent per annum,
(5) Subcontractors or lower tier subcontractors that lack legal standing or
privity of contract to assert a Claim directly against the City, may request in writing, on
their behalf or the behalf of a lower tier subcontractor, that the contractor present a
Claim to the City for work performed by the subcontractor or lower tier subcontractor,
The request shall be accompanied by reasonable documentation to support the Claim.
Within 45 days of receipt of such written request, the contractor shall notify the
subcontractor in writing as to whether the contractor presented the Claim to the City and,
if the original contractor did not present the Claim, provide the subcontractor with a
statement of the reasons for not having done so.
The Claim resolution procedures and timelines set forth In the Code are in
addition to any other change order, claim, and dispute resolution procedures and
requirements set forth In the City contract documents, to the extent that they are not in
conflict with the timeframes and procedures the Code,
Section 3.8 Method of Payment
CONTRACTOR shall submit Invoices for completed work on a monthly basis, or
es 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 3.7 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 3.8 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
5
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 thls Agreement.
ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not
discriminate in the employment of its employees or in the engagement of any sub
CON-T-RAC-TORon-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 shah 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 end RenpanslbIlitx fnr 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
6
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.
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 3D06
Lodi, CA 95241-1910
Attn: Paula Fernandez
3D Data Com
11365 Sunrise Gold Circle
Rancho Cordova, CA 95742
Attn: Frank J. Pedersen, Jr,
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,
7
Section 4.10 CONTRACTOR is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this
Agreement, it shall act as an Independent contractor for and on behalf of CITY and not
an employee of CITY. CITY shall not direct the work and means for accomplishment of
the services and work to be performed hereunder. CITY, however, retains the right to
require that work performed by CONTRACTOR meet specific standards without regard
to the manner and means of accomplishment thereof.
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving
CONTRACTOR at least ten (10) days written notice. Where phases are anticipated
within the Scope of Services, at which an intermediate decision Is required concerning
whether to proceed further, CITY may terminate at the conclusion of any such phase,
Upon termination, CONTRACTOR shall be entitled to paymeLs 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, Jurlsdlction, Severablilty, anti Attorney's Foos
This Agreement shall be governed by the laws of the State of California.
Jurisdiction of litigation arising from thls Agreement shall be venued with the San
Joaquin County Superior Court, If any part of thls 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 shell be entitled to reasonable attorney's
fees from the party who does not prevail as determined by the San Joaquin County
Superior Court.
0
Section 4,14 Clty 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.
Section 4,20 Authority
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
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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:
-..),AA(2).Ben
CITY OF LODI, a municipal corporation
JJ4 NIFER 11 FERRAIOLO STEPI-tE. SCHWAriAUL
C.l y Clerk City Manager
APPROVED AS TO FORM: 3D DATA COM, a California corporation
JANICE D. MAGDICH, City Attorney lj
yr
r
•
By:�'`'"""
Natrl FRA < J. PEDERSEN,
Title: CA4
Attachments:
Exhibit A — Scope of Services
Exhlblt B — Fee Proposal
Exhlblt C — Insurance Requirements
Exhibit D — Federal Transit Funding Conditions (If applicable)
Funding Source: PVTTR-0001.0 130309000
(Business Unit & Account No.)
Doc ID: K;IWPIPRO,IECTSIPSA's12O17130 Data Condo°
CA:Rev.02.2017
10
SCOPE OF WORK:
[ Exhibit A
The contractor shall be responsible for the complete design, supply, and install of the security
improvements at the Transit Station and Parking Structure represented In the attached
documents provided by the City.
All parties must be appropriately licensed by the State of California to perform the portion of the
work for which they are responsible.
The Lodi Transit Station and Parking Structure Safety and Security Project will include, but Is
not limited to, equipment and quantity provided In 3D Datacom Protect Bid. See S-01 plan for
schematic.
EXECUTION OLOONTRACT
The contract shall be signed by the contractor and returned within five days of receipt, not
including Saturdays, Sundays, and legal holidays. No contract shall be binding upon the City
until it has been signed and executed by the Contractor and the City. Once fully executed, the
City will issue a copy of the contract. All drawings and documents for this project created by the
contractor shall become the property of the City of Lodi. All drawings must be provided in
Electronic format.
PROJECT SCHEDULE
The project schedule from the Notice to Proceed Date shall be:
Total Project: 120 calendar days
Liquidated damages shall be $500.00 per day
PERMIT, LICENSES. AND FEES
The Contractor shall obtain all necessary permits and licenses, etc., for the construction of the
project, give all necessary notices, and comply with all laws, ordinances, rules and regulations
relating to the work and to the preservation of the public health and safety.
a, If required, building permits shall be obtained from the City of Lodi Community
Development Department - Building Inspection Division. There will be no cost to the Contractor
for obtaining these permits.
b. Building Inspection agencies, whether state, county, or city, are a separate entity from
the public agency referred to In the contract and elsewhere in the bid documents. The
Contractor shall assume no special consideration will be given by the building inspection agency
having jurisdiction simply because the Contract is with the City of Lodi,
c. Contractor shall be responsible for determining all inspection requirements of any
building Inspection, utility, or other permitting agency having jurisdiction.
d. A Rall Road "Right of Entry" Permit is required when working within twenty-five (25) feet
of the tracks. This would include, but not limited to any work adjacent to the platform at the
Transit Station, and work on the east side of the Parking Structure between the structure and
tracks., The contractor is required to apply for this permit and meet requirements for the
associated track safety Inspectors. There Is no cost to the Contractor for obtaining these
permits.
RECORD DRAWINGS
The Contractor shall provide record drawings In electronic format showing camera locations and
conduit runs after project completion.
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VOICE • DATA . VIDEO - SECURITY
11385 Sunrise Gold Circle
Rancho Coidava, CA 95742
P: (916) 573.3710 (Df5ol)
F: (916) 865.5110
CONTACT ; Frank J Pedersen, Jr
MOBILE ; (916) 257-3351 (cell)
EMAIL ; Ipedereen(Vddalacom.cam
JulleMddatacom.com aufsua®3ddelaocm'com
Project Bid
LICENSE ; 757157
CLASS : C-7 & C-10
CMAS: 347•B4.0000A
DATE ; 00715/17
Owner: City of Lodi
COn1ett; POV,n FcinDihlot
I rnnnprxlelion Mnnimer".;r 1E
City oI Led1
(205) 373-0600 001 2007
PROJECT ; S lotion and Po *Ina SU ['Moe Comers
P00500al
LOCATION; Lodi, CA
OEBIGN • INSTALL -.SERVICD
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STRUCTURED 0004150, NETWORK 6vv1TCR R 6060
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124,804 00
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INCLUDED IN BIO 1
IroTAL :
_ }140,102.0°
471031,24
1224f:46.72µ
;172,500.00
nand' 1.54'/0:
_ Comin9e1I
teriNot
_ C1rlM10 TOevc00d)
vy
Io
NOT INCLUDED IN BID :
1. Bonds (If required, add 1.25%.)
2, Permits
3_ Parching and Palnling
4, Elsclrical underground work (trenching & boring)
TERMS;
1. Labor as based on prevallIng wage rates
2, Payment Terms: Progress Billing Monthly, Nel 30 Days
3. Bld valid for 50 dogs.
CLARIFICATIONS :
1 3D's bid does Includes:
17 - IMM12027.I EP 270' Pelco cameras
1 - IMM12036-IEP 390' Panoramic camera
1-S6230-EO1 PTZ camera
1- 360EV O -N 10
2 • 90' Dome Camera
2 • Public address apeekers
1 Core media server system & 98TB slorage
work aatallon, structured cabling & miso consumable°
2. All work to be completed during normal hualneas hours,
3. Proposed loyout plan & camera malrlx
NOTES:
1. DIR N0. 1000000172.
I =
EXHIBIT C
=n ; f.r C,+ .r 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
subcontrnctar performing work covered by this Agreement from claims for damages for personal Injury, Including
accidental death, as well as frorn clnlme 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 GEILERAL LIABILITY
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
2 C4.MP!?EH.EN E AVIQM-Q(ILI—E I 1 _Cil ITl
$1,000,000 Combined Single Limit
Such insurance shall cover liability arising out of any vehicle (including, owned, hired and non•hlred vehicles)
operated in performing any end all services pursuant to this Agreement. Coverage shalt be written on ISO form
CA 00 01 12 90, or a later version, that provides liability coverego at least as broad as this torm,
All limits are to he designated strictly for the City of Lodl, Its elected and appointed Worsts, commissions, officers,
agents, employees. and volunteers. All deductibles or selt•msurod retentson8 (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 dadualible or Slit may be satisfied
by either the Named Insured(s) or the Cily of Lodf.
it Is required that any available insurance proceeds broader than or in excess of the specilled minimum insurance
coverage requirements and/or limits set forth above, shall be available to Cily as an additional insured. Furthermore,
the requirements tor coverage and limits shell be (I) the minimum coverage and limits specified in those insurance
requirements; or (ii) the broader coverage and maximum limits o1 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 terminailon 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 cortificate(s) of Insurance with the following endorsements shall be furnished to the City:
(a) araggslialanotssiinsured Rndorsarnent
Pursuant to a Separate ondoraorsaanl (4SO form CG 2010 (11165) or a later version, that provides liability
covarago.at !ass' as broad as this toren) such Insurance as Is afforded by this policy shall else apply to the City
of Lodi, Its etectod 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)L'rrr+?ary and lJon•C,eMiltaiterylostii0.tlt t BS,[Q.L$c'nt4.{](
Additional insurance coverage under the Contractor's policy shall be "primary and non-contributory' and will
not seek contribution born 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 4.041 must be shown along with (a) and (b) above: 221 Wost
Pine Street, Lodi, California, 95240; (2) The Insurance certificate must state, on its face or as an
endorsement, a description of the protect that It is Insuring,
(c) Valvar 4j &uyronallee
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.
(d) Llmlls of CeygrMa
The Ilnlfa of Insurance coverage required may be satisfied by a combination of primary and umbrella or
mows insurance. Any umbrella or excess Insurance of Contractor shall contain. or be endorsed to contain, a
provision that such coverage shall also apply ori a primary and non-contributory basis for the benefit of the City
before the City's own insurance or self-lnsUrance shall be called upon to protect the City as a named insured.
Page 11 of 2 pages 1 Risk: rev.03,2010
(e)
Insurance Routtiromonte for Contractor (continued)
ay/arability 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,
(f) ptotico co( Crtncellalton or Chance In CoveragO Oleetsement
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, Clty of Lodi, 221 West Pine S1., Lodi,
CA 85240.
(9)
(h)
Ct i J)rtully of Coveraaq
All policies stead bo 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 cortiftoate(s) showing that a new or
extended policy has boon obtained which meets the minimum requirements of this Agreement. Contractor
shall provide proof of continuing Insurance on el least an annual basis during the Term. If Contractor'a
Insurance lapses or Is discontinued for any reason, Contractor shall immediately notify the City and
immediately obtain replacement Insurance.
J'alturo to C.9rnoly
If Contractor fails or refuses to obtain end 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 al the maximum allowable legal rete then In effect In California. The
City shall notify Contractor of such payment el premiums within thirty (30) days of payment staling tum amount
paid, the name(s) of the Insurer(a), and rate of Interest. Contractor shall pay such reimbursement and interest
on the first (1`) day of the month following the City's notice. Notwithstanding any other provision of this
Agreement, If Centr=Clot falls or refuses to obtain or rnutnlnln Insurance as required by this agreement, or falls
to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such
termination. Contractor shall immediately cease use of the Sllo of faculties and oommenco and diligently
DUI -Sue the removal of any and all of its personal properly from the site or facilities.
(I) insuranQuoJsuralnGceurrr
All required by the tonna of this Agreement must be provided by insurers licensed to do business in
the State of California which are rated el least 'A-. Vl" by the AM l3est Ratings Guido, and which are
acceptable to the Clty. Non -admitted surplus lines carriers May be oecapted provided they are included on the
most recent list of California eligible surplus lines insurers (LESLI fist) and otherwise meet City requirements.
Workers Comnanaattot.lnsurarloa The Contractor shall lake out and maintain during the life of this Agreement,
Worker's Compensation insurance for alt of Contractor's employees employed at tho site of the project and, 11 any
work la sublet, Contractor shod require tho subcontractor similarly to provide Worker's Compensation Insurance for all
of the letter's employees unfsss such employees are covered by the protection afforded by the Contractor. In case
any class of employees engaged In hazardous work under this Agroemont at the site of the projrct is not protected
under the Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to
provide unurance for the protection of said employees. A waiver or subrogation le required for workers
col -ripens aHoe Insurance. Thia policy may not be canceled nor tho coverage reduced without 30 days' prior written
nonce o1 such cancellation or reduction In coverage to the Rtsk Manager, City of Lotti, 221 West Pine S1., Lodi, CA
95240.
NOTE: The City reserves the right to obtain a full codified copy of any insurance policy or endorsements
required, Failure to exercise this right shall not constitute a waiver of the Clty'a right to exercise after the
effective date,
Page 2 1 of 2 pages
Risk: rev.0 3 2018
RESOLUTION NO. 2018-245
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH 3D DATA COM,
OF RANCHO CORDOVA, FOR LODI TRANSIT STATION AND
PARKING STRUCTURE SAFETY AND SECURITY PROJECT
WHEREAS, on August 25, 2017, the City entered into a Professional Services
Agreement with 3D Data Com, of Rancho Cordova, for Lodi Transit Station and Parking
Structure Safety and Security Project, in the amount of $172,500; and
WHEREAS, Amendment No. 1 was executed on December 28, 2017, and extended the
term of the agreement through June 30, 2018; and
WHEREAS, Amendment No. 2 was executed on May 16, 2018, and extended the term
of the agreement through December 31, 2018; and
WHEREAS, Amendment No. 3 will extend the term of the agreement through
June 30, 2019, within the existing not -to -exceed amount of $172,500; and
WHEREAS, staff recommends authorizing the City Manager to execute Amendment
No. 3 to the Professional Services Agreement with 3D Data Com, of Rancho Cordova, for Lodi
Transit Station and Parking Structure Safety and Security Project, extending the term of the
agreement through June 30, 2019, within the existing not -to -exceed amount of $172,500.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute Amendment No. 3 to the Professional Services
Agreement with 3D Data Com, of Rancho Cordova, California, for Lodi Transit Station and
Parking Structure Safety and Security Project, extending the term of the agreement through
June 30, 2019, within the existing not -to -exceed amount of $172,500.
Dated: December 19, 2018
I hereby certify that Resolution No. 2018-245 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
2018-245
NIFERFERRAIOLO
ity Clerk