ITEM 4.8
CITY MANAGER' S REPORT
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE PROFESSIONAL CONSULTING SERVICES
AGREEMENT WITH DARRYL ALEXANDER &
ASSOCIATES, INC. FOR ON- CALL LAND SURVEY AND
MAPPING SERVICES
RECOMMENDATION: Adopt Resolution Approving a Professional Consulting Services Agreement with Darryl
Alexander & Associates, Inc. to provide On- Call Land
Survey and Mapping Services
SUMMARY:
The City continues to experience rapid growth over the past few years, even during the recent pandemic, and the increase in construction and development projects has remained steady. The Land Development Division within the Public Works ( PW) Department is responsible for processing all residential, commercial and industrial development projects.
While City staff perform the critical tasks related to processing land development projects, specialized consultant services are needed to complete land survey and mapping tasks.
Staff is requesting City Council approval of a Professional Consulting Services Agreement with Darryl Alexander & Associates, Inc. ( Alexander & Associates) to provide On- Call Land Survey and Mapping Services on a time and materials basis for a cost not to exceed $ 150, 000.
BACKGROUND:
The City continues to experience rapid growth over the past few years, even during the recent pandemic, and the increase in construction and development projects has remained steady. The Land Development Division within the Public Works Department is responsible for processing all residential, commercial, and industrial development projects. Plan checks are either performed in- house or under contract with outside consulting firms, depending on the workload and complexity of the projects. The increase in construction and development projects requires more resources.
Staff solicited and received a proposal from Alexander & Associates to provide oncall land survey and mapping services on a time and materials basis for a cost not to exceed $ 150, 000. While City staff perform the key tasks related to processing land development projects, specialized consultant services are needed to complete land survey and mapping tasks.
CITY MANAGER' S REPORT PAGE 2
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
APPROVE PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH DARRYL ALEXANDER & ASSOCIATES, INC. FOR ON- CALL LAND SURVEY AND
MAPPING SERVICES
REASON FOR RECOMMENDATION:
Professional services are needed for the Land Development Division to keep up with the continued rapid growth over the past few years, and the increase in construction and development projects.
FISCAL IMPACT:
The cost of the Professional Consulting Services Agreement with Alexander & Associates is not to exceed $ 150, 000 and will be paid on a time and materials basis.
Sufficient funds have been included in the adopted fiscal year 2022- 23 budget.
ATTACH M ENTS:
A. Resolution Approving a Professional Consulting Services Agreement with Darryl Alexander & Associates, Inc. to provide On- Call Land Survey and Mapping Services
B. Professional Consulting Services Agreement with Darryl Alexander & Associates, Inc. to provide On- Call Land Survey and Mapping Services CITY MANAGER' S REPORT PAGE 3
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
APPROVE PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH DARRYL ALEXANDER & ASSOCIATES, INC. FOR ON- CALL LAND SURVEY AND
MAPPING SERVICES
APPROVALS:
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Brad ylor Date
City Engineer
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Financ irector
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Michael King Date
Assistant City Manager
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Saivador Navarrete Date
City Attorney
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Ste en J. Salvatore Date
City Manager
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING A PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH DARRYL ALEXANDER & ASSOCIATES, INC., TO PROVIDE ON- CALL LAND
SURVEY AND MAPPING SERVICES
WHEREAS, the Land Development Division within the Public Works Department is responsible for processing all residential, commercial and industrial development projects; and
WHEREAS, the City continues to experience rapid growth over the past few years, even during the recent pandemic, and the increase in construction and development projects has remained steady; and
WHEREAS, while City staff perform the key tasks related to processing land development projects, specialized consultant services are needed to complete land survey and mapping tasks in order to keep pace with ongoing construction activity and;
WHEREAS, staff solicited and received a proposal from Darryl Alexander & Associates, Inc. to provide on- call land survey and mapping services on a time and materials basis for a cost not to exceed $ 150, 000; and WHEREAS, sufficient funds have been included in the adopted fiscal year 2022- 23 budget.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve a Professional Consulting Services Agreement with Darryl Alexander & Associates, Inc. to provide On- Call Land Survey and Mapping Services and will be paid on a time and material basis for an amount not to exceed 150, 000.
The foregoing resolution was passed and adopted this 8th day of August 2022, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney
CITY OF LATHROP
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH
ALEXANDER & ASSOCIATES, INC.
FOR ON- CALL LAND SURVEYOR SERVICES AND MAPPING
SERVICES
THIS AGREEMENT, dated for convenience this August 8t", 2022 is by and between ALEXANDER & ASSOCIATES, INC. (" CONSULTANT") and the CITY OF LATHROP, a California municipal corporation (" CITY");
RECITALS:
WHEREAS, CONSULTANT as specially trained, experienced, and competent to perform On- Call Land Survey and Mapping Services, which are required by this agreement; and; and
WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such On- Call Land Survey and Mapping Services, as hereinafter defined, on the following terms and conditions; NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AGREEMENT
1) Scope of Service
CONSULTANT agrees to perform Professional Consulting Services in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit" A" and incorporated herein by reference. CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and to CITY' S satisfaction.
2) Compensation
CITY hereby agrees to pay CONSULTANT on time and material basis not to exceed 150 000 for the Consulting Services set forth in Exhibit " A".
CONSULTANT shall be paid any uncontested sum due and payable within thirty 30) days of receipt of billings containing all information pursuant to Paragraph 5 below. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in Exhibit " A", unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' S authorized representative prior to the commencement of the work.
Payment is made based on a time and materials basis.
CITY OF LATHROP— CONSULTING SERVICES AGREEMENT
ALEXANDER & ASSOCIATES, INC FOR ON- CALL LAND SURVEYOR SERVICES AND
MAPPING SERVICES
3) Effective Date and Term
The effective date of this Agreement is August 8, 2022, and it shall terminate no later than December 31, 2023.
4) Independent Contractor Status
It is expressly understood and agreed by both parties that CONSULTANT, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the CITY. As an independent contractor, CONSULTANT is responsible for controlling the means and methods to complete the scope of work described in Exhibit " A" to City' s satisfaction. CONSULTANT expressly warrants not to represent, at any time or in any manner, that CONSULTANT is an employee of the CITY. 5) Billinqs
CONSULTANT' S bills shall include a list of all tasks, a total amount due, the amounts previously billed, and the net amount due on the invoice. Except as specifically authorized by CITY, CONSULTANT shall not bill CITY for duplicate services performed by more than one person. In no event shall CONSULTANT submit any billing for an amount in excess of the rates or the maximum amount of compensation provided in section ( 2) for either task or for the entire Agreement, unless modified by a properly executed change order.
6) Advice and Status Reportinq
CONSULTANT shall provide the CITY with timely reports, orally or in writing, of all significant developments arising during performance of its services hereunder, and shall furnish to CITY such information as is necessary to enable CITY to monitor the performance of this Agreement.
7) Assiqnment of Personnel
CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. If CITY asks CONSULTANT to remove a person assigned to the work called for under this Agreement, CONSULTANT agrees to do so immediately, without requiring the City to process a reason or explanation for its request.
The services shall be performed by, or under the direct supervision, of CONSULTANT' S Authorized Representative: Darryl Alexander, CONSULTANT shall not replace its Authorized Representative without the prior written approval by the CITY.
CITY OF LATHROP— CONSULTIIVG SERVICES AGREEMENT
ALEXANDER & ASSOCIATES, INC FOR ON- CALL LAND SURVEYOR SERVICES AND
MAPPING SERVICES
8) Assiqnment and Subcontractinq
It is recognized by the parties hereto that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSULTANT. Neither this Agreement nor any interest therein may be assigned by CONSULTANT without the prior written approval of CITY' S authorized representative. CONSULTANT shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted in the proposal, without prior written approval of the CITY' S authorized representative.
9) Insurance
On or before beginning any of the services or work called for by any term of this Agreement, CONSULTANT, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY.
CONSULTANT shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONSULTANT has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers' Compensation. CONSULTANT shall, at CONSULTANT' S sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by CONSULTANT. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars. In the alternative, CONSULTANT may rely on a selfinsurance program to meet these requirements provided that the program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONSULTANT, if a program of self- insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement.
b) Commercial General and Automobile Liability Insurance.
CONSULTANT, at CONSULTANT' S own cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement.
CITY OF LATHROP— CONSULTING SERVICES AGREEMENT
ALEXANDER & ASSOCIATES, INC FOR ON- CALL LAND SURVEYOR SERVICES AND
MAPPING SERVICES
If Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) and Insurance Services Office Automobile Liability form CA 0001 ed. 12/ 90) Code 1 ( any auto).
Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, agents, and volunteers are to be covered as insured with respect to each of the following:
liability arising out of activities performed by or on behalf of CONSULTANT, including the insider' s general supervision of CONSULTANT; products and completed operations of
CONSULTANT; premises owned, occupied or used by
CONSULTANT. The coverage shall contain no special
limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
iii) An endorsemen must state that coverage is primary
insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage. iv) Any failure of CONSULTANT to comply with reporting
provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. v) Insurance is to be placed with California- admitted insurers with a Best' s rating of no less than A: VII.
vi) Notice of cancellation or non- renewal must be received by CITY at least thirty days prior to such change.
CITY OF LATHROP— CONSULTING SERVICES AGREEMENT
ALEXANDER & ASSOCIATES, INC FOR ON- CALL LAND SURVEYOR SERVICES AND
MAPPING SERVICES
c) Professional Liabilitv. CONSULTANT, at CONSULTANT' S own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than One Million Dollars ($ 1, 000, 000) per claim made and per policy aggregate covering the licensed professionals' errors and omissions, as follows:
i) Any deductible or self-insured retention shall not exceed 150,000 per claim.
ii) Notice of cancellation, material change, or non- renewal must be received by the CITY at least thirty days prior to such change shall be included in the coverage or added as an endorsement to the policy.
iii) The policy must contain a cross liability or severability of interest clause.
iv) The following provisions shall apply if the professional liability coverages are written on a claims made form:
1. The retroactive date of the policy must be shown and must be before the date of the Agreement.
2. Insurance must be maintained and evidence of
insurance must be provided for at least five years after completion of the Agreement or the work, so long as
commercially available at reasonable rates.
3. If coverage is canceled or not renewed and it is not replaced with another claims made policy form with a
retroactive date that precedes the date of this
Agreement, CONSULTANT must provide extended
reporting coverage for a minimum of five years after
completion of the Agreement or the work. The CITY
shall have the right to exercise at the CONSULTANT' S
cost, any extended reporting provisions of the policy
should the CONSULTANT cancel or not renew the
coverage.
4. A copy of the claim reporting requirements must be
submitted to the CITY prior to the commencement of
any work under this Agreement.
CITY OF LATHROP— CONSULTING SERVICES AGREEMENT
ALEXANDER & ASSOCIATES, INC FOR ON- CALL LAND SURVEYOR SERVICES AND
MAPPING SERVICES
d) Deductibles and Self- Insured Retentions. CONSULTANT shall disclose the self- insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, upon express written authorization of the CITY' s authorized representative, CONSULTANT may increase such deductibles or self- insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY' s authorized representative may condition approval of an increase in deductible or self- insured retention levels upon a requirement that CONSULTANT procure a bond
guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
e) Notice of Reduction in Coveraqe. In the event that any coverage required under subsections ( a), ( b), or ( c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONSULTANT shall provide written notice to CITY at CONSULTANT' S earliest possible opportunity and in no case later than five days after CONSULTANT is notified of the change in coverage.
f) In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONSULTANT to stop work under this Agreement or withhold any payment which becomes due to CONSULTANT
hereunder, or both stop work and withhold any payment, until CONSULTANT demonstrates compliance with the
requirements hereof;
iii) Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT' S breach.
CITY OF LATHROP- CONSULTING SERVICES AGREEMENT
ALEXANDER & ASSOCIATES, INC FOR ON- CALL LAND SURVEYOR SERVICES AND
MAPPING SERVICES
10) Indemnification - CONSULTANT' S Responsibility
As to the CONSULTANT' S work hereunder, it is understood and agreed that ( a) CONSULTANT has the professional skills necessary to perform the work, ( b) CITY relies upon the professional skills of CONSULTANT to perform the work in a skillful and professional manner, and ( c) CONSULTANT thus agrees to so perform.
Acceptance by CITY of the work performed under this Agreement does not operate as a release of said CONSULTANT from such professional responsibility for the work performed.
It is further understood and agreed that CONSULTANT is apprised of the scope of the work to be performed under this Agreement and CONSULTANT agrees that said work can and shall be performed in a fully competent manner in accordance with the standard of care applicable to CONSULTANT' S profession.
CONSULTANT shall indemnify, defend, and hold CITY, its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused by the willful misconduct or negligent acts or omissions of CONSULTANT, its employees, subcontractors, or agents, or on account of the performance or character of this work, except for any such claim arising out of the negligence or willful misconduct of the CITY, its officers, employees, agents, or volunteers. It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause.
This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
11) Licenses
If a license of any kind, which term is intended to include evidence of registration, is required of CONSULTANT, its employees, agents, or subcontractors by federal or state law, CONSULTANT warrants that such license has been obtained, is valid and in good standing, and CONSULTANT shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
12) Business Licenses
CONSULTANT shall obtain and maintain a City of Lathrop Business License until all Agreement services are rendered and accepted by the CITY.
i
CITY OF LATHROP— CONSULTING SERVICES AGREEMENT
ALEXANDER & ASSOCIATES, INC FOR ON- CALL LAND SURVEYOR SERVICES AND
MAPPING SERVICES
13) Termination
Either CITY or CONSULTANT may cancel this Agreement upon 30 days written notification to the other party. In the event of termination, the CONSULTANT shall be entitled to compensation for services performed to the effective date of termination; provided, however, that the CITY may condition payment of such compensation upon CONSULTANT'S delivery to the CITY of any or all documents, photographs, computer software, video and audio tapes, and other materials provided to CONSULTANT or prepared by or for CONSULTANT or the CITY in connection with this Agreement.
14) Notices
All contracts, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if ( 1) personally served, ( 2) sent by the United States mail, postage prepaid, ( 3) sent by private express delivery service, or ( 4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two ( 2) Days by delivery of a hard copy of the material sent by facsimile transmission. Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
To City: City of Lathrop
City Clerk
390 Towne Centre
Lathrop, CA 95330
Copy to: City of Lathrop
Department of Public Works
MAIN: ( 209) 941- 7430
To Consultant: Alexander & Associates, Inc.
147 Old Bernal Avenue
Pleasanton, CA 94566
Phone: ( 925) 462- 2255 or by email at
survevor@trivalley. com
15) Miscellaneous
a) Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent.
CITY OF LATHROP— CONSULTING SERVICES AGREEMENT
ALEXANDER & ASSOCIATES, INC FOR ON- CALL LAND SURVEYOR SERVICES AND
MAPPING SERVICES
b) Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the Laws of the State of California.
c) Definitions. The definitions and terms are as defined in these specifications.
d) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority.
e) Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement.
f) Incorporation of Documents. All documents constituting the Agreement documents described in Section 1 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in the Agreement and shall be deemed to be part of this Agreement. g) Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.
h) Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.
i) Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party.
All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
j) Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
CITY OF LATHROP— CONSULTING SERVICES AGREEMENT
ALEXANDER & ASSOCIATES, INC FOR ON- CALL LAND SURVEYOR SERVICES AND
MAPPING SERVICES
k) Status of CONSULTANT. In the exercise of rights and obligations under this Agreement, CONSULTANT acts as an independent contractor and not as an agent or employee of CITY. CONSULTANT shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of CITY, and CONSULTANT expressly waives any and all claims to such right and benefits.
I) Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.
m) Time of the Essence. Time is of the essence of this Agreement and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday or any Day observed as a legal holiday by CITY, the time for performance shall be extended to the following Business Day.
n) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California. o) Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney's fees, incurred or expended in connection with such action against the non- prevailing party.
16) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary insurances have been received. CITY shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed. 17) Siqnatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
CITY OF LATHROP— CONSULTIlVG SERVICES AGREEMENT
ALEXANDER & ASSOCIATES, INC FOR ON- CALL LAND SURVEYOR SERVICES AND
MAPPING SERVICES
Approved as to Form: City of Lathrop
City Attorney
3` zo` Z--
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Michael King Date
Approved By: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
CONSULTANT: Alexander & Associates, Inc.,
147 Old Bernal Avenue, Suite 10
Pleasanton, CA 94566
Fed ID #
Business License #
Darryl Alexander, President Date
Print Name