HomeMy WebLinkAboutAgenda Report - July 21, 2021 C-17AGENDAITEM C,,,17
&12� CITY OF LODI
,. ' COUNCIL COMMUNICATION
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AGENDA TITLE: Adopt Resolution Authorizing the City Manager to Execute a One -Year
Extension on a Professional Services Agreement with Interwest Consulting
Group, Inc., of Roseville, for Contract Planning Services, in an Amount Not to
Exceed $250,000
MEETING DATE: July 21, 2021
PREPARED BY: Community Development Director
RECOMMENDED ACTION: Adopt resolution authorizing the City Manager to execute a
one-year extension on a Professional Services Agreement with
Interwest Consulting Group, Inc., of Roseville, for contract
planning services, in an amount not to exceed $250,000.
BACKGROUND INFORMATION: The City Council approved a two-year Professional Services
Agreement with Interwest Consulting Group on October 2, 2019
when the City Planner resigned. In February 2020 a Community
Development Director was hired and since that time the department has been taking on high level
planning projects adding the need to maintain the contract with Interwest for an additional year to
assist with maintaining planning services and addressing the higher level planning projects.
Interwest Consulting Group, Inc., is well-known for offering quality contract employees and is a
reputable company that has worked with the City on many occasions.
Staff has prepared a Professional Services Agreement one-year extension for planning services with
Interwest Consulting Group, Inc., of Roseville. The cost of the professional services identified is not to
exceed $250,000.
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a
one-year extension on a Professional Services Agreement with Interwest Consulting Group, Inc. in an
amount not to exceed $250,000.
FISCAL IMPACT: The funds will be paid from the Community Development Special
Revenue Fund
FUNDING AVAILABLE: Planning Fund: 27082000.72450
Andrew Keys
Andrew Keys
Deputy City Manager/Internal Services Director
<71 aff2i�L Q-1
John R. ella Monica, Jr,
Comm ity Development Directo
APPROVED: j
Stephen Schwabauer, City Manager
CONTRACT EXTENSION No. 1
Interwest Consulting Group
THIS CONTRACT EXTENSION No. 1 is made and effective this day of July, 2021, by and
between the CITY OF LODI, a municipal corporation, hereinafter called "CITY", and Interwest Consulting
Group, a Colorado Corporation qualified to do business in California hereinafter called "Contractor
WITNESSETH:
1. CONTRACT: Contractor and City, entered into an Agreement for Professional Services on October 2, 2019
(Collectively the "Agreement"), attached hereto as Exhibit A and made a part hereof as though fully set forth herein.
Contractor and City now desire to expand the scope of services to include the Sphere of Influence Update
administration in an amount not to exceed $250,000.
2. EXTENTION TERM: Contractor and City now desire to extend the term of the Agreement through and
including June 30, 2022 pursuant to the terms set forth as follows: Contractor and City agree, that at its option, City
may extend the term of the Agreement for an additional one (1) year extension; provided City gives Contractor no
less than thirty (30) days written notice of its intent prior to the expiration of the then existing term. All other terms
and conditions of the Agreement will remain unchanged.
Counterpar[s_ and Electronic Signatures. This Agreement and other documents to be delivered pursuant to this
Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all
of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be
effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party
agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are
intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of
this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by
facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in "portable document
format" (".pdf') or similar format intended to preserve the original graphic and pictorial appearance of a document, or
through the use of electronic signature software will have the same effect as physical delivery of the paper document
bearing an original signature.
CITY OF LODI, a municipal corporation CONTRACTOR
STEPHEN SCHWABAUER
City Manager
Attest.
JENNIFER CUSMIR
City Clerk
Approved as to Form
JANICE D. MAGDICH
City Attorney jdm
INTERWEST CONSULTING GROUP, INC.,
a California Corporation
By. MICHAEL KASHIWAGI
Title: Chief Operatinq Officer
IICVCFILVn2\Deparhnents$1Commijnity DevelnpmentlConlracts\Planning Soivicosllnlerwesl Contract rlannmglExlonsion 01\07-01-21_Inlerwesl_PlanrnngContraclExlensionl_070121-063022 dor.
April 29, 2021
John Della Monica, Director
Community Development Department
221 West Line Street
Lodi, CA 95240 1 N T E R W E S T
Rt: InLerwest Consulting Group- Contract Staffing Scope of Services
Dear Mr. Della Monica:
Please accept this Scope of Services for the Interwest Consulting Group (Interwest) Planning Services
Group to assist the City of Lodi. We have enjoyed assisting the City with planning services and look
forward to our continued relationship with the City of Lod.
The attached scope of services addresses planning services for Fiscal Year 2021-22 and generally
represents a continuation of past services with adjustments based on the City's anticipated needs.
Our staff will be directed from our Roseville office, which provides professional staff performing
functions in all our disciplines. Paul Junker, our Planning Services Group Leader, will be your direct point
of contact. Paul will be supported by Eric Norris, Principal Planner, on complex entitlement applications
and advance planning assignment. We will also rely on other team members with levels of experience
and skills appropriate for tasks assigned by the City.
We appreciate this opportunity to continue our planning services with the City of Lodi.
Respectfully Submitted,
Thomas P. Wilkos
Chief Financial Officer
Interwest Consulting Group
Paul JunkF
Planning Services Group Leader
Interwest Consulting Group
Scope of Services
Under this scope of services Interwest Consulting Group (Interwest) will continue planning services with
the City of Lodi for Fiscal Year 2021-22 (July 1, 2021 through June 30, 2022). Services will be provided at
the direction of the Community Development Director and will adjust based on the City's needs and
direction throughout the term of services. Major efforts that are anticipated for the coming Fiscal Year
are described below.
D(,Darte-nental SUOD'
Services under Departmental Support include both Public Assistance and General Support to the
Department. The majority of these duties will be completed by an Assistant Planner level staff member,
with duties to include public assistance, administrative support to the Department and processing of
administrative permits and lower -level discretionary entitlements. Departmental Support will also
include weekly coordination with the Director and duties as assigned by the Director to support
Department functions.
Entitlement Revie`-
Services under Entitlement Reviews will generally include more complex entitlements. Due to their
more complex nature, these projects are often required to pay actual cost for services provided. An
example of this work is the Lake House project that is currently under review.
IN+ance Plannirf
Advance Planning focuses primarily on updates to City policy and regulatory documents that the City
either chooses to undertake or are required by State mandate. Past examples of such assignments
include General Plan and Zoning Code amendments associated with SB 5 (200 -year flood protection),
updatingthe City's Safety Element, and resolving inconsistencies with past project approvals (primarily
approved Planned Development projects).
Sphere of Influence E;pdate/Annexa'tionr
The City is in the process of updating its Municipal Services Review (MSR) and Sphere of Influence (SOI).
Interwest will complete the majority of technical assignments associated with these efforts, supported
by environmental review to be prepared by PlaceWorks under separate contract. Upon completion of
the MSR/SOI updates, or concurrently with those updates, Interwest staff will assist the City with
processing annexation applications.
Cost
The rates listed below would apply to all of the project types described above. Hourly rates are typically
reviewed yearly on July land maybe subject to revision unless under specific contract obligations. Our
rates will be firm for the term of this scope of services. In addition, there is no charge for shipping,
supply, or material costs.
Classification Hourly Billing Rate
running services
$42,000
PrincipalPlanner....................................................................................................................................
$160
SeniorPlanner..........................................................................................................................................145
$40,000
AssociatePlanner.....................................................................................................................................120
$28,000
AssistantPlanner........................................................................................................................................
80
PlanningTechnician...................................................................................................................................
70
AdministrativeAssistant............................................................................................................................
60
Based upon a review of services provided in FY 2020-21, in conjunction with input from the City on
anticipated needs, Interwest have prepared the following cost estimate for FY2021-22 planning service.
While presented by service categories, Interwest proposes a total not to exceed budget for FY 2021-22
of $220,000, with assignment of tasks to be determined by the Community Development Director.
Public Assistance
$42,000
General Support
$60,000
Entitlement Reviews
$40,000
Advance Planning
$28,000
SOI/Annexation
$50,000
FY 2021/22 Funding
$220,000
Not to Exceed $250,000
EXHIBIT A
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on October )�, , 2019, by and between the
CITY OF LODI, a municipal corporation (hereinafter "CITY"), and INTERWEST
CONSULTING GROUP, INC., a Colorado Corporation qualified to do business in
California (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 Contract
Planning Services (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 Commencemerit and Completion of Work
CONTRACTOR shall commence work pursuant to this Agreement, upon receipt
of a written notice to proceed from CITY or on the date set forth in Section 2.6,
whichever occurs first, and shall perform all services diligently and complete work under
this Agreement based on a mutually agreed upon timeline or as otherwise designated in
the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services,
CONTRACTOR shall not be responsible for delays caused by the failure of CITY
staff to provide required data or review docurnents within the appropriate time frames.
The review time by CITY and any other agencies involved in the project shall not be
1
counted against CONTRACTOR's contract performance period. Also, any delays due to
weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall
remain in contact with reviewing agencies and make all efforts to review and return all
comments.
Section 2.3 Meetings
CONTRACTOR shall attend meetings as may be set forth in the Scope of
Services.
Section 2.4 Staffing
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's
capabilities and on the qualifications of CONTRACTOR's principals and staff as
identified in its proposal to CITY. The Scope of Services shall be performed by
CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified
by CONTRACTOR of any change of Project Manager and CITY is granted the right of
approval of all original, additional and replacement personnel at CITY's sole discretion
and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff
prior to any change.
CONTRACTOR represents it is prepared to and can perform all services within
the Scope of Services (Exhibit A) and is prepared to and can perform all services
specified therein. CONTRACTOR represents that it has, or will have at the time this
Agreement is executed, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature are legally required for CONTRACTOR to practice its profession, and
that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of
this Agreement all such licenses, permits, qualifications, insurance and approvals, and
shall indemnify, defend and hold harmless CITY against any costs associated with such
licenses, permits, qualifications, insurance and approvals which may be imposed against
CITY under this Agreement.
Section 2.5 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter
into any subcontract with any other party for purposes of providing any work or services
covered by this Agreement.
Section 2.6 Term
The term of this Agreement commences on October 2, 2019 and terminates
upon the completion of the Scope of Services or on June 30, 2021, whichever occurs
first.
2
ARTICLE 3
OMPENSATION
Section 3.1 Compensation
CONTRACTOR's compensation for all work under this Agreement shall conform
to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by
this reference.
CONTRACTOR shall not undertake any work beyond the scope of this
Agreement unless such additional work is approved in advance and in writing by CITY.
Section 3.2 Method of Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or
as otherwise agreed, providing, without limitation, details as to amount of hours,
individual performing said work, hourly rate, and indicating to what aspect of the Scope
of Services said work is attributable. CONTRACTOR's compensation for all work under
this Agreement shall not exceed the amount of the Fee Proposal.
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the
performance of the Scope of Services. Payment of additional reimbursable costs
considered to be over and above those inherent in the original Scope of Services shall
be approved in advanced and in writing, by CITY.
Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR
to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to
furnish CITY, or a designated representative, with necessary information and assistance
needed to conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review,
obtain and copy all records pertaining to performance of this Agreement.
CONTRACTOR agrees to provide CITY or its delegate with any relevant information
requested and shall permit CITY or its delegate access to its premises, upon reasonable
notice, during normal business hours for the purpose of interviewing employees and
inspecting and copying such books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining compliance with
this requirement. CONTRACTOR further agrees to maintain such records for a period of
three (3) years after final payment under this Agreement.
3
ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not
discriminate in the employment of its employees or in the engagement of any sub
CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital
status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Compliance
In performing services under this Agreement, CONTRACTOR shall comply with
the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well
as all applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 Indemnification and Responsibillty for Damage
CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold
harmless CITY, its elected and appointed officials, directors, officers, employees and
volunteers from and against any claims, damages, losses, and expenses (including
reasonable attorney's fees and costs), arising out of performance of the services to be
performed under this Agreement, provided that any such claim, damage, loss, or
expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any
subcontractor employed directly by CONTRACTOR, anyone directly or indirectly
employed by any of them, or anyone for whose acts they may be liable, except those
injuries or damages arising out of the active negligence, sole negligence, or sole willful
misconduct of the City of Lodi, its elected and appointed officials, directors, officers,
employees and volunteers. CITY may, at its election, conduct the defense or participate
in the defense of any claim related in any way to this indemnification. If CITY chooses at
its own election to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification,
CONTRACTOR shall pay all of the costs related thereto, including without limitation
reasonable attorney fees and costs. The defense and indemnification obligations
required by this Agreement are undertaken in addition to, and shall not in any way be
limited by the insurance obligations set forth herein.
Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or
City employee shall be personally responsible for any liability arising under this
Agreement.
4•
Section 4.5 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or
parts of the work described in the Scope of Services prior to final acceptance by CITY,
except as expressly provided herein.
Section 4.6 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement,
insurance coverage as set forth in Exhibit C attached hereto and incorporated by this
reference.
Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors,
assigns, and legal representatives to this Agreement without the written consent of the
others. CONTRACTOR shall not assign or transfer any interest in this Agreement
without the prior written consent of CITY. Consent to any such transfer shall be at the
sole discretion of CITY.
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing
signed by an authorized representative of the sender and shall be deemed to have been
given when the same is personally served or upon receipt by express or overnight
delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class
or certified mail, postage prepaid, addressed to the respective parties as follows:
To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Kari Chadwick
To CONTRACTOR: Interwest Consulting Group
1613 Santa Clara Drive, Ste 100
Roseville, CA 95661
Attn: Paul Junker
Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant
information it has at its disposal relevant to the Scope of Services.
Section 4.10 CONTRACTOR is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this
Agreement, it shall act as an independent contractor for and on behalf of CITY and not
an employee of CITY. CITY shall not direct the work and means for accomplishment of
F1
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.
Sectlon 4.11 Termination
. CITY may terminate this Agreement, with or without cause, by giving
CONTRACTOR at least ten (10) days written notice. Where phases are anticipated
within the Scope of Services, at which an intermediate decision is required concerning
whether to proceed further, CITY may terminate at the conclusion of any such phase.
Upon termination, CONTRACTOR shall be entitled to payment as set forth in the
attached Exhibit B to the extent that the work has been performed. Upon termination,
CONTRACTOR shall immediately suspend all work on the Project and deliver any
documents or work in progress to CITY. However, CITY shall assume no liability for
costs, expenses or lost profits resulting from services not completed or for contracts
entered into by CONTRACTOR with third parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products
produced under this Agreement, except to the extent otherwise required by law or
permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents
owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or
"Proprietary", except to the extent otherwise required by law or permitted in writing by
CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California
Public Records Act.
Section 4.13 Applicable Law Jurisdiction Severability. and Attorney's Fees
This Agreement shall be governed by the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be venued with the San
Joaquin County Superior Court. If any part of this Agreement is found to conflict with
applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict
with said laws, but the remainder of this Agreement shall be in force and effect, In the
event any dispute between the parties arises under or regarding this Agreement, the
prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's
fees from the party who does not prevail as determined by the San Joaquin County
Superior Court.
6
Section 4.14 City Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020
requires CONTRACTOR to have a city business license and CONTRACTOR agrees to
secure such license and pay the appropriate fees prior to performing any work
hereunder.
Section 4.16 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 Int" ration 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 SeverahifitV
The invalidity in whole or in part of any provision of this Agreement shall not void
or affect the validity of any other provision of this Agreement.
Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other
material documents or data, and working papers, whether or not in final form, which
have been obtained or prepared under this Agreement, shall be deemed the property of
CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such
documents during CONTRACTOR's regular business hours. Upon termination or
completion of services under this Agreement, all information collected, work product and
documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days,
CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any
liability resulting from CITY's use of such documents for any purpose other than the
purpose for which they were intended.
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Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
Section 4.21 Federal Transit Funding Conditions
❑ If the box at left is checked, the Federal Transit Funding conditions attached as
Exhibit D apply to this Agreement. In the event of a conflict between the terms of this
Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the
Federal Transit Funding Conditions will control.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement as of the date first above written.
CITY OF LODI, a municipal corporation
ATTEST:
y
Jq9N,IFER M,iAERPAIOLO STEPHEN SC AVER
Ci Clerk City Manager
APPROVED AS TO FORM: INTERWEST CONSULTING GROUP, INC., a
JANICE D. MAGDICH, City Attorney Colorado Corporation
Sy- By;
_ Name: MICHA SHIWAGI
Attachments:
Title: Chief Op r ing Officer
Exhibit A - Scope of Services
Exhibit B - Fee Proposal
Exhibit C - Insurance Requirements
Exhibit,D - Federal Transit Funding Conditions (if applicable)
Funding Source: 27082000.72450
(Business Unit & Account No.)
Doc ID:
CA:Rev.01.2015
13
T
NTERWEST
ONSULTING GROUP
EXHIBIT A
SCOPE OF WORK
Interwest Consulting Group will provide professional planning services to the City of Lodi Community
Development Department (CITY) as requested by the City. Services may include, but not be limited to:
General support of the planning functions of the City;
Assistance to members of the community on planning matters;
• Processing of planning applications;
Coordination with City divisions and departments:
Compliance with state planning mandates;
Review or oversight of projects for compliance with the California Environmental Quality Act
and other environmental regulatory requirements;
■ Attendance at Planning Commission and City Council meetings as determined appropriate by
the City Manager; and,
■ Other duties as assigned by the City Manager or his/her designee.
Interwest Consulting Group staff shall provide such services at the City of Lodi offices unless otherwise
agreed to and approved by the City. The City shall determine the appropriate level of staff experience
that best serves the needs of the Department and the Community. Interwest Consulting Group shall
make all efforts to provide individuals consistent with the level of expertise requested by the City.
1613 SANTA Cl ARA DRiw. St 1rrt:100 ■ Rciswa u;, CA 95661 0 TEL. 916.781,6600. N"mAntemestgrp,com
fCNTERWEST
ONSULTING GROUP
EXHIBIT 8
FEE PROPOSAL
Interwest Consulting Group shall provide professional planning services to the City of Lodi. The hourly
rates noted below shall be charged for actual time spent providing services to the City. Total
compensation to Interwest Consulting Group under this agreement shall not exceed $210,000 per fiscal
year unless expressly approved by the City of Lodi.
Position Hourly Rate
Principal Planner:
$130
Senior Planner:
$120
Associate Planner:
$105
Assistant Planner:
$85
Planning Technician:
$70
1613 SANTA CLARA Dltivi:, Si irrr.l00 a RmEVILLE, CA 95661 ■ Tr.i_. 916.781.6600o www.interwestgrp.com
EXHIBIT C
NOTE. The City of Lodi is now using the online Insurance program PINS Advantage. Once you have been awarded a
contract you will receive an email from the City's online Insurance program requesting you to forward the email to your
insurance provider(s) to submit the required Insurance documentation electronically
Insirrarrce Reguirements for Professional Services
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages
to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the
Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1, Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including
products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than
$1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit
of no less than $1,000,000 per accident for bodily injury or disease.
3. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limits not less than
$1,000,000 per occurrence or claim-
Other
laim_
O her Insurance Provisions:
(a) Additional Named Insured Status
The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered
as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on
behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General
liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form
CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a
later edition is used
(b) Prom and Non-contribulory Insurance Endorsement
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For
any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG
20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained
by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute
with it.
(c) Waiver QJ Subrociation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said
Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to
obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether
or not the City of Lodi has received a waiver of subrogation endorsement from the insurer
NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street,
Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of the prorect
that it is insuring.
(d) Severability of interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more than one Insured shall not operate
increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies.
(e) Notice of Cancellation or Change in Coverage Endorsement
This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such
cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240.
(f) Continuity of Coverage
All,policies.sbalLbeArieffect.aazr.beforaihe.firstday, ofJhe_.Term.of this.AgreamenLALleasLthiriy_(30),dayys.prioLtalheAxpiration
Page 1 I of 2 pages Risk: rev. 3/1/2018
of each insurance policy, Contractor shall famish a certificate(s) showing that a new or extended policy has been obtained which
meets the minimum requirements of this Agreement. Contractor shall provide proof or continuing insurance on at least an annual
basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the
City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the
City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or
statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.).
(g) Failure to Comply
If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain
the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum
allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days
of payment stating the amount paid, the name(s) of the insurer(s), and rale of interest. Contractor shall pay such reimbursement
and interest on the first (1st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement,
if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance,
the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the
Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities.
(h) Vgritica(ion of Coverage
Consultant shall fumish the City with a copy of the policy declaration and endorsement page(s), original certificates and
amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates
and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required
documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to
require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at
any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective
date,
(i) Self -Insured Retentions
Self-insured retentions must be declared to and approved by the City The City may require the Consultant to provide proof of ability
to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall
provide, or be endorsed to provide, that the self -Insured retention may be satisfied by either the named insured or City.
(j) Insurance Limits
The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents,
representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and Its officers, officials,
employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement
In the Agreement for Contractor to procure and maintain a policy of insurance,
(k) Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and
Consultant shall ensure that City is an additional insured on insurance required from subcontractors
(1) Claims Marie Policies
If any of the required policies provide coverage on a claims -made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work,
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the
contract of work,
3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior
to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after
completion of contract work
(m) Qualified Insurerfs]
All insurance required by the terms or this Agreement must be provided by insurers licensed to do business in the State of
California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted
surplus lines carriers may be accepted provided they are included on the mast recent list of California eligible surplus lines
insurers (LESLI list) and otherwise meet City requirements,
Page 2 1 of 2 pages
Risk: rev. 3/1/2018
RESOLUTION NO. 2021-201
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE A ONE-YEAR EXTENSION OF THE
PROFESSIONAL SERVICES AGREEMENT WITH INTERWEST CONSULTING
GROUP, INC., OF ROSEVILLE, A COLORADO CORPORATION, FOR
CONTRACT PLANNING SERVICES
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WHEREAS, the Community Development Department, Planning Division has funds
budgeted for professional services; and
WHEREAS, the Planning Division is still without a planner since the City Planner
resigned in 2019; and
WHEREAS, staff entered into a two-year Professional Services Agreement on
October 16, 2019, in an amount not to exceed $210,000 per year; and
WHEREAS, staff recommends that the City Council authorize the City Manager to
execute a one-year extension of the Professional Services Agreement with Interwest Consulting
Group, Inc., of Roseville, California, a Colorado Corporation.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute a one-year extension of the Professional Services
Agreement with Interwest Consulting Group, Inc., of Roseville, California, for contract planning
services, in an amount not to exceed $250,000; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol
Manual (adopted 11/6/19, Resolution No. 2019-223), the City Attorney is hereby authorized to
make minor revisions to the above -referenced document(s) that do not alter the compensation
or term, and to make clerical corrections as necessary.
Dated: July 21, 2021
I hereby certify that Resolution No. 2021-201 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held July 21, 2021, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, Kuehne, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
JENNIFE CUSMIR
City Clerk
2021-201