ITEM 4.16
CITY MANAGER'S REPORT
AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM: CREATE CIP PS 25-05, LATHROP HIGH SCHOOL
PEDESTRIAN SIGNAL, APPROVE PROFESSIONAL
SERVICES AGREEMENT WITH TJKM TO PROVIDE
DESIGN SERVICES ASSOCIATED WITH CIP PS 25-05,
AND APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Creating CIP PS 25-05, Lathrop High School Pedestrian Signal, Approving a
Professional Services Agreement with TJKM to
Provide Design Services Associated with CIP PS 25-
05, and Approving Budget Amendment
SUMMARY:
During the July 8, 2024 City Council Regular Meeting, City Council approved a councilmember referral requesting that staff investigate the potential installation of a traffic signal at the Spartan Way and Central Pacific Intersection (Intersection), to increase pedestrian safety. Students of Lathrop High School (LHS) cross north/south through this intersection to access the school. Staff completed a traffic study and determined that a traffic signal is warranted at the Intersection. Staff requests that the City Council approve the creation of Capital Improvement Project (CIP) PS 25-05 for Lathrop High School Pedestrian Signal (Project) so that staff can pursue design and construction of the Project.
Design engineering consulting services are needed for the design of the Project so staff requested and received proposals from qualified engineering consultants. TJKM was selected as the best-qualified firm based on their previous work history, qualifications, and overall understanding of the project requirements.
Staff recommends City Council approve the creation of CIP PS 25-05, approve a Professional Services Agreement with TJKM in the amount of $30,000 to provide design services for the Project, and approve a budget amendment transferring $30,000 from the Measure C Fund (1060) to the CIP Project Fund (3310) to fund the planning and design engineering phase.
BACKGROUND:
During the July 8, 2024 City Council Regular Meeting, City Council approved a councilmember referral requesting that staff investigate the potential installation of a traffic signal at the Spartan Way and Central Pacific Intersection to increase pedestrian safety.
Staff confirmed that during morning peak hour that correlated with student drop-off 352 students crossed from north to south through the Intersection and 856 vehicles travelled east and west on Spartan Way through the Intersection. Based on the data CITY MANAGER'S REPORT PAGE 2
AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING
CREATE CIP PS 25-05, LATHROP HIGH SCHOOL PEDESTRIAN SIGNAL,
APPROVE PROFESSIONAL SERVICES AGREEMENT WITH TJKM TO PROVIDE DESIGN SERVICES ASSOCIATED WITH CIP PS 25-05, AND APPROVE BUDGET
AMENDMENT
collected, a traffic signal is warranted pursuant to the Manual on Uniform Traffic Control Devices (MUTCD) Figure 4]-1 for the Installation of Pedestrian Hybrid Beacons on Low-Speed Roadways.
The scope of work for the Project includes topographic survey, civil, electrical, signing, striping, and structural improvement plans, technical specifications, and probable construction cost for the traffic signal. The Project limits are depicted in Attachment "B".
Staff requested and received proposals from qualified engineering consultants. TJKM was selected as the best-qualified firm based on their previous work history, qualifications, and overall understanding of the Project requirements.
Staff is requesting City Council create CIP PS 25-05 for Lathrop High School Pedestrian Signal, approve a Professional Services Agreement with TJKM in the amount of $30,000 to provide design services for the Project, and approve a budget amendment transferring $30,000 from the Measure C Fund (1060) to the CIP Project Fund (3310) to fund the planning and design engineering phase.
REASON FOR RECOMMENDATION:
The Project is needed to provide a safe school route for LHS students and mitigate traffic on Spartan Way. Staff has reviewed the proposal from TJKM to complete the design services and recommends City Council approve a Professional Services Agreement with TJKM in the amount of $30,000. The proposed creation of CIP PS 25- 05 and budget amendment would allow the Project to move forward and allocate funds for the installation of a traffic signal.
FISCAL IMPACT:
Sufficient funds were not allocated in the approved FY 24-25 budget, therefore, staff is requesting the approval of budget amendment transferring $30,000 from the Measure C Fund (1060) to the CIP Project Fund (3310) as follows:
Increase Transfer Out
1060-99-00-990-90-10 $30,000
Increase Transfer In
3310-99-00-393-00-00 PS 25-05 $30,000
Increase Appropriation
3310-80-00-420-84-00 PS 25-05 $30,000
CITY MANAGER'S REPORT PAGE 3
AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING
CREATE CIP PS 25-05, LATHROP HIGH SCHOOL PEDESTRIAN SIGNAL,
APPROVE PROFESSIONAL SERVICES AGREEMENT WITH TJKM TO PROVIDE DESIGN SERVICES ASSOCIATED WITH CIP PS 25-05, AND APPROVE BUDGET
AMENDMENT
The budget transfer of $30,000 from the Measure C Fund (1060) is contingent upon the Measure C oversight committee finding that the expenses in compliance with appropriate use of Measure C funds.
ATTACHMENTS:
A. Resolution Creating CIP PS 25-05, Lathrop High School Pedestrian, Approving a Professional Services Agreement with TJKM to Provide Design Services Associated with CIP PS 25-05, and Approving Budget Amendment B. CIP PS 25-05 Project Limits Map - Lathrop High School Pedestrian C. Professional Services Agreement with TJKM to Provide Design Services Associated with CIP PS 25-05
CITY MANAGER'S REPORT PAGE 4
AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING
CREATE CIP PS 25-05, LATHROP HIGH SCHOOL PEDESTRIAN SIGNAL,
APPROVE PROFESSIONAL SERVICES AGREEMENT WITH TJKM TO PROVIDE DESIGN SERVICES ASSOCIATED WITH CIP PS 25-05, AND APPROVE BUDGET
AMENDMENT
APPROVALS:
08-05-2004
Veronica Albarran Date
Junior Engineer
8/5/2024
Brad Taylor Date
City Engineer
acapena 8/5/2024
Date
Director/of Finance
8. 5. 2024
Michael King Date
Assistant City Manager
8.5-2024
Salvador Navarrete Date
City Attorney
220 8.6-24
Stephen J. Salvatore Date
City Manager
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP CREATING CIP PS 25-05, LATHROP HIGH SCHOOL PEDESTRIAN SIGNAL, APPROVING A
PROFESSIONAL SERVICES AGREEMENT WITH TJKM TO PROVIDE DESIGN SERVICES ASSOCIATED WITH CIP PS 25-05, AND APPROVING BUDGET
AMENDMENT
WHEREAS, during the July 8, 2024 City Council Regular Meeting, City Council approved a referral requesting that staff investigate the potential installation of a traffic signal at the Spartan Way and Central Pacific Intersection (Intersection) to increase pedestrian safety; and
WHEREAS, staff confirmed that during morning peak hour that correlated with student drop-off 352 students crossed from north to south through the Intersection and 856 vehicles travelled east and west on Spartan Way through the Intersection; and
WHEREAS, based on the data collected, a traffic signal is warranted pursuant to the Manual on Uniform Traffic Control Devices (MUTCD) Figure 4J-1 for the Installation of Pedestrian Hybrid Beacons on Low-Speed Roadways; and WHEREAS, the scope of work for the Lathrop High School Pedestrian Signal (Project) includes topographic survey, civil, electrical, signing, striping, and structural improvement plans, technical specifications, and probable construction cost for the traffic signal. The Project limits are depicted in Attachment "B" of the City Manager's WHEREAS, staff requested and received proposals from qualified engineering consultants. TJKM was selected as the best-qualified firm based on their previous work history, qualifications, and overall understanding of the Project requirements; and
WHEREAS, staff requests City Council approve the creation of Capital Improvement Project (CIP) PS 25-05, Lathrop High School Pedestrian Signal; and WHEREAS, staff also requests City Council approve a Professional Services Agreement with TJKM in the amount of $30,000 to provide design services associated with CIP PS 25-05; and
WHEREAS, staff further requests the approval of a budget amendment transferring $30,000 from the Measure C Fund to the CIP Project Fund to fund the planning and design engineering phase as follows:
Increase Transfer Out
1060-99-00-990-90-10 $30,000
Increase Transfer In
3310-99-00-393-00-00 PS 25-05 $30,000
Increase Appropriation
3310-80-00-420-84-00 PS 25-05 $30,000
The budget transfer of $30,000 from the Measure C Fund (1060) is contingent upon the Measure C oversight committee finding the expenses in compliance with appropriate use of Measure C funds.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby creates Capital Improvement Project PS 25-05, Lathrop High School Pedestrian Signal; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a Professional Services Agreement with TJKM to provide design services associated with Capital Improvement Project PS 25-05, Lathrop High School Pedestrian Signal; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a budget amendment transferring $30,000 from the Measure C Fund (1060) to the CIP Project Fund (3310) as detailed above.
PASSED AND ADOPTED by the City Council of the City of Lathrop this 12th day of August 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney
ATTACHMEN
"B "
Lathrop High School
- Student Entrance
Area of Interest
Spartan Way
Central Pacific St
ATTACHMENT
"C"
CITY OF LATHROP
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH
TJKM
TO PROVIDE CIVIL ENGINEERING SERVICES TO COMPLETE THE
DESIGN PHASE FOR LATHROP HIGH SCHOOL PEDESTRIAN SIGNAL
PROJECT, CIP PS 25-05
THIS AGREEMENT, dated for convenience this 12TH day of August 2024, is by and between TJKM ("CONSULTANT") and the CITY OF LATHROP, a California municipal corporation ("CITY");
RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Professional Consulting Services, which are required by this agreement; and WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such Professional Consulting 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 represents it is prepared to and can diligently perform these services in accordance with the upmost standards of its profession and to CITY'S satisfaction. 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 of in advance and in writing, by the CITY.
(2) Compensation.
CITY hereby agrees to pay CONSULTANT a sum not to exceed $30,000, for the Professional 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
CITY OF LATHROP - CONSULTING SERVICES AGREEMENT WITH TJKM FOR LATHROP HIGH SCHOOL PEDESTRIAN SIGNAL PROJECT, CIP PS 25-05 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.
(3) Effective Date and Term.
The effective date of this Agreement is August 12, 2024, and it shall terminate no later than September 30, 2026.
(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) Billings
CONSULTANT'S bills shall include a list of all tasks, the 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 Reporting
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) Assignment 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.
CITY OF LATHROP - CONSULTING SERVICES AGREEMENT WITH TJKM FOR LATHROP HIGH SCHOOL PEDESTRIAN SIGNAL PROJECT, CIP PS 25-05 The services shall be performed by, or under the direct supervision, of CONSULTANT's Authorized Representative: Erik Bjorklund, CONSULTANT shall not replace its Authorized Representative without the prior written approval by the CITY.
(8) Assignment and Subcontracting
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 self-insurance 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
CITY OF LATHROP - CONSULTING SERVICES AGREEMENT WITH TJKM FOR LATHROP HIGH SCHOOL PEDESTRIAN SIGNAL PROJECT, CIP PS 25-05 associated with the work contemplated by this Agreement. 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 be at least twice the required occurrence limit. Such coverage shall 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 endorsement 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 WITH TJKM FOR LATHROP HIGH SCHOOL PEDESTRIAN SIGNAL PROJECT, CIP PS 25-05 (c) Professional Liability. 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 claim made form:
The retroactive date of the policy must be shown and
must be before the date of the Agreement.
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.
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.
A copy of the claim reporting requirements must be
submitted to the CITY prior to the commencement of
any work under this Agreement.
(d) Deductibles and Self-Insured Retentions. CONSULTANT shall
CITY OF LATHROP - CONSULTING SERVICES AGREEMENT WITH TJKM FOR LATHROP HIGH SCHOOL PEDESTRIAN SIGNAL PROJECT, CIP PS 25-05 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 Coverage. 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 it CONSULTANI 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.
(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
CITY OF LATHROP - CONSULTING SERVICES AGREEMENT WITH TJKM FOR LATHROP HIGH SCHOOL PEDESTRIAN SIGNAL PROJECT, CIP PS 25-05 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. (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
CITY OF LATHROP - CONSULTING SERVICES AGREEMENT WITH TJKM FOR LATHROP HIGH SCHOOL PEDESTRIAN SIGNAL PROJECT, CIP PS 25-05 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) Funding
CONSULTANT agrees and understands that renewal of this agreement in subsequent years is contingent upon action by the City Council consistent with the appropriations limits of Article XIII (B) of the California Constitution and that the Council may determine not to fund this agreement in subsequent years. (15) 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
390 Towne Centre
Lathrop, CA 95330
MAIN: (209) 941-7430
FAX: (209) 941-7449
To Consultant: Erik Bjorklund
4305 Hacienda Drive, Suite 550
Pleasanton, CA 94588
Phone: (925) 463-0611
Fax: (925) 463-3690
CITY OF LATHROP - CONSULTING SERVICES AGREEMENT WITH TJKM FOR LATHROP HIGH SCHOOL PEDESTRIAN SIGNAL PROJECT, CIP PS 25-05 (16) 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.
(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.
CITY OF LATHROP - CONSULTING SERVICES AGREEMENT WITH TJKM FOR LATHROP HIGH SCHOOL PEDESTRIAN SIGNAL PROJECT, CIP PS 25-05 (i) 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. (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.
(1) 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. (0) 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.
(17) 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 bonds and insurances have been received. City shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed. (18) Signatures
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
CITY OF LATHROP - CONSULTING SERVICES AGREEMENT WITH TJKM FOR LATHROP HIGH SCHOOL PEDESTRIAN SIGNAL PROJECT, CIP PS 25-05 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 - CONSULTING SERVICES AGREEMENT WITH TJKM FOR LATHROP HIGH SCHOOL PEDESTRIAN SIGNAL PROJECT, CIP PS 25-05 Approved as to Form: City of Lathrop
City Attorney
8.5-2024
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Michael King Date
Accepted By: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
CONSULTANT: Erik Bjorklund
4305 Hacienda Drive, Suite 550
Pleasanton, CA 94588
Fed ID #
Business License #
Signature Date
(Print Name and Title)
EXHIBIT "A"
VISION THAT MOVES YOUR COMMUNITY
August 2, 2024
Mr. Brad Taylor
City Engineer
City of Lathrop - Public Works Department
390 Towne Centre Drive
Lathrop, CA 95330
P: 209.941.7438
Via e-mail only: [email protected]
Subject: Proposal for Traffic Design Services for: Pedestrian Hybrid Signal in front of Lathrop High School
Attention Brad,
Thank you for the opportunity to provide you a scope and fee for the Traffic Design services for the above referenced project. The Pedestrian Hybrid Signal or HAWK design plans will conform to the current City of Lathrop's standards, the latest California MUTCD guidelines, and the latest Caltrans standard plans and specifications.
TJKM has broken the effort into four main tasks:
1. Preparation of Pedestrian Hybrid Signal Plans and Estimates (PS&E)
2. Construction Support Services
Meetings
4. MacKay & Somps - Civil Support if required
TASK 1-PREPARATION OF PEDESTRIAN HYBRID SIGNAL PLANS AND ESTIMATES TJKM will use the AutoCAD master base file prepared by others and prepare 1"=20' scale traffic signal Pedestrian Hybrid Signal design plans in AutoCAD format. The design plans will include all the Pedestrian signal equipment required by the City for the existing roadways.
The following Pedestrian Hybrid Signal plan sheets will be prepared:
• Spartan Way and Central Pacific Street (Installation) i. TJKM and MacKay & Somps designed Spartan Way and Central Pacific Street many years ago and TJKM has all the CADD base files for the intersection. TJKM helped place the left turn pocket barriers and designed all the striping for this intersection. After a field review of the site all the ramps and sidewalks are fairly new and TJKM feels there will be little survey and civil support required. With www.TJKM.com
PLEASANTON • SAN JOSE • SANTA ROSA • OAKLAND • SACRAMENTO • FRESNO Corporate Office: 4305 Hacienda Drive, Suite 550, Pleasanton, CA 94588 Phone: 925.463.0611 Fax: 925.463.3690 Email: [email protected] DBE #40772 • SBE #38780
(TJKM
VISION THAT MOVES YOUR COMMUNITY
the installation of the signal poles the contractor shall replace all concrete in kind.
ii. Also any minor Signing & Striping changes at the intersection are included in this task.
PS&E DELIVERABLES
We have assumed 3 rounds of review at the 65%, 95%, and Final check stages with the City. For each round of review, we will prepare a response to comments matrix addressing the comments from the previous round.
TJKM will also prepare an opinion of probable construction cost at each review round in MS Excel format.
Deliverable: Electronic (.pdf & .dwg) of the plans, response to comments matrix, opinion of probable construction cost in MS Excel format
TASK 2-CONSTRUCTION SUPPORT SERVICES
TJKM can provide construction support services to the Client during construction. Services include:
During construction, the TJKM Team will assist the Client as follows:
• Attend the pre-construction meeting.
• Prepare responses to contractors' RFls during the construction phase, as needed. • Review up to 10 contractor submittals and assist the City inspector with specific design issues during construction.
• Attend one construction progress meeting to answer design questions and clarify design elements when requested by the City staff.
• Prepare "Record Drawings". These plans will include any changes made in the field during construction
Construction Support Deliverables
• Addendum(s), Clarifications, as necessary
• Review and preparation of responses for submittals
• Preparation of responses for RFl's
• Attendance at 1 construction progress meeting
TASK 3-MEETINGS
TJKM has budgeted 3 meetings with the City and or others for this effort. Additional meetings can be attended on a time and materials basis with a contract amendment. (TJKM
VISION THAT MOVES YOUR COMMUNITY
BUDGET
Task Total
1. Preparation of Pedestrian Hybrid $16,000
Signal
2. Construction Support Services $3,000
3. Meetings $1,000
4. MacKay & Somps - if needed (T&M) $10,000 (not to exceed) TOTAL Not to Exceed Amount $20,000
Not to exceed $30,000, if we need MS
support
The attached detailed scope of service is based on our experience with similar traffic design projects.
The designs will be in accordance with the City of Lathrop's Standards, California MUTCD guidelines, and Caltrans Standard Plans and Specifications. We will bill monthly on a percent-complete basis.
TJKM will work as expeditiously as possible to meet your schedule for the project. We are prepared to begin work upon receipt of your notice to proceed.
If the proposed scope and budget for the project is acceptable please sign and return this proposal. If you have any questions or require additional information regarding our scope or budget, please contact me at (925) 264-5015, or [email protected]
Sincerely,
Erik Bjorklund
Senior Project Manager
Mr. Brad Taylor Date
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