HomeMy WebLinkAboutAgenda Report - November 16, 2022 H-07AGENDA ITEM
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COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Authorizing the City Manager to Revise the Current Abatement Fee
Schedule and Execute Two -Year Professional Services Agreements with 1) Alan
Spragg General Construction, 2) Baylor Service, Inc., 3) NorCal Construction, 4) 5
Star Construction, and 5) Jim Thorpe Oil for a Rotating Abatement Contractor List; and
Further Authorize the City Manager to Execute Two 2 -Year Extension Options with
Each Contractor with the Total Contracts Not to Exceed Six Years or $40,000 Per Year
MEETING DATE: November 16, 2022
PREPARED BY: Community Development Director
RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to revise the current
Abatement Fee Schedule and execute two-year Professional Services
Agreements with 1) Alan Spragg General Construction, 2)
Baylor Service, Inc., 3) NorCal Construction, 4) 5 Star Construction, and 5) Jim Thorpe Oil for a rotating
abatement contractor list; and further authorize the City Manager to execute two 2 -year extension
options with each contractor with the total contracts not to exceed six years or $40,000 per year.
BACKGROUND INFORMATION: On December 20, 2000, the City Council adopted a resolution
establishing an Abatement Fee Schedule and Policies and
Procedures for Rotating Abatement Contractor Listing. On
April 7, 2004 and February 7, 2007, that Abatement Fee Schedule was revised to account for an increase
in material cost, namely the cost of plywood board -up material which had changed significantly since the
date that the fee schedule was established.
Since its inception, the Abatement Fee Schedule has helped to expedite code enforcement activities
requiring the boarding up of vacant, unsecured buildings and the removal of garbage, junk, and debris. In
those cases, the owner has failed to voluntarily secure or clean up their properties after having been given
due notice. The standardized fees based upon the size of window or door openings have streamlined the
abatement process considerably and have ensured that cost assessed against properties are reasonable.
However, since the inception of this fee schedule there has been no adjustments to the labor -related costs
associated with either the board -up or lot clean-up abatement activities and the cost of plywood board -up
material. Therefore, a property owner facing an abatement action is likely to find that it would be cheaper
to have the City do the abatement rather than contracting with someone who would be charging a more
current labor rate and cost of materials. While it is appropriate to keep abatement cost within reason, we
should not create a condition where there is an incentive for property owners to rely on the City for the
abatement of these conditions as that creates a burden and additional workload for Community
Improvement personnel, and it is contrary to our desire to achieve voluntary compliance.
The contractors participating in our rotating abatement list have also voiced concern that they cannot
continue to participate in our abatement program without an adjustment to the labor -related cost of the fee
APPROVED: :111.,1. ;.:,y,..iii'rr NII 1.7 i]a 17:18 PDTf
Stephen Schwabauer, City Manager
Abatement Fee Schedule and Service Contracts
November 2, 2022 Regular City Council Meeting
Page 2 of 3
schedule. Those adjustments are noted in the following summary. In addition, the increase in dumping
fees and special charges for disposal of materials that are now classified as either household hazardous
waste or require special handling at the dump/transfer facility. Staff feels that a review and revision of the
current Abatement Fee Schedule, as referenced in Exhibit A, is warranted.
A summary of those revisions is as follows:
Fees for Securing Structures
• Items 1-17 These fees are based upon both the time and the material necessary to board -up and
secure the opening. An average adjustment of 40.06% is recommended to accommodate an
increase in labor costs in these fees based on a fee analysis done by Engineering News -Record
(ENR) from 2008-2021.
Property Clean Ups
Items 18 & 19 originally differentiated between the cleanup of either junk and debris or weeds and
shrubbery with different hourly rates. It has been found during actual clean ups that the abatement
of junk and debris is usually done in conjunction with weeds and shrubbery, so it is not practical to
have a separate hourly rate for each. An hourly rate of $91 is proposed to be reasonable to
accommodate the increase in labor costs based on the fee analysis done by Engineering News -
Record (ENR) from 2008-2021.
Miscellaneous Abatement Costs
• Items 20-22 of the fee schedule accommodate the additional costs that are being incurred in the
disposal of garbage, junk, and debris in the course of an abatement action. This will represent the
actual costs based upon either the quote for equipment rental or the current dump fee schedule.
FISCAL IMPACT: The increase in abatement costs is passed directly to the property
owner/responsible party. It is likely that the increase in these
abatement costs will act as an incentive for voluntary compliance,
thereby reducing the amount of abatement funds expended each
year.
FUNDING AVAILABLE. 10061000.72450
Andrew Keys
Andrew Keys
Deputy City Manager/Internal Services Director
Qat I 0
John. Della Monica, Jr.
Com unity Development Direct
Attachment:
EXHIBIT A: Abatement Fee Schedule for Rotating Contractor List
Abatement Fee Schedule and Service Contracts
November 2, 2022 Regular City Council Meeting
Page 3 of 3
EXHIBIT A
CITY OF LODI
COMMUNITY DEVELOPMENT DEPARTMENT
ABATEMENT FEE SCHEDULE FOR ROTATING CONTRACTOR LIST
(November 2022)
ITEM # ITEM DESCRIPTION
Current Fee Proposed Fee
Engineering News Record -
Fee analysis 2008-2021
SECURING STRUCTURES
1. Plywood Board -Up, Door, 4'x8'
$95 $133.00
2. Plywood Board -Up, Double Door, 8'x8'
$200 $280.00
3. Plywood Board -Up, Window, <2'6"x 4'
$65 $91.00
4. Plywood Board -Up, Window, <4'x4'
$75 $105.00
5. Plywood Board -Up, Window, <4'x6'
$85 $119.00
6. Plywood Board -Up, Window, <4'x8'
$95 $133.00
7. Plywood Board -Up, Window, <8'x8'
$200 $280.00
8. Plywood Board -Up, Crawl Space Opening
$65 $91.00
9. Plywood Board Up, Exterior Basement Door, 6'x7'
Using 3/4" Material
$250 $350.00
10. Replace Single Car Garage Door
$450 $630.00
11. Replace Double Car Garage Door
$700 $980.00
12. Replace Sliding Glass Door, 6'
$400 $560.00
13. Replace Wood Basement Door, 6'x5'
$200 $280.00
14. Replace Front Double Wood Entry Doors
$500 $700.00
15. Replace Garage Pedestrian Door
$200 $280.00
16. Replace Under Floor Vents
$50 $70.00
17. Replace Attic Vents
$50 $70.00
PROPERTY CLEAN UPS
18. Remove Garbage, Junk, and Debris (hourly rate)
$65 $91.00
19. Remove Weeds and Shrubbery hour) rate
$65 $91.00
MISCELLANEOUS ABATEMENT COSTS
20. Equipment Rental Costs (per quote)
21. Standard Dump Fees based upon actual costs
22. Additional Dump Fees (based upon actual costs)
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on 2022, by and between the
CITY OF LODI, a municipal corporation (hereinafter "CITY"), and BRYAN DAVIS, doing
business as 5 STAR CONSTRUCTION (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 ROTATING
ABATEMENT CONTRACTOR 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 Commencement and Completion of Work
CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a
written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs
first, and shall perform all services diligently and complete work under this Agreement based
on a mutually agreed upon timeline or as otherwise designated in the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY
staff to provide required data or review documents within the appropriate time frames. The
review time by CITY and any other agencies involved in the project shall not be counted
against CONTRACTOR's contract performance period. Also, any delays due to 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.
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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 July 1, 2022 and terminates upon the
completion of the Scope of Services or on June 30, 2024, whichever occurs first.
Section 2.7 Option to Extend Term of Agreement
At its option, City may extend the terms of this Agreement for an additional two (2),
two (2) -year extensions; provided, City gives Contractor no less than thirty (30) days written
notice of its intent prior to expiration of the existing term. In the event City exercises any
option under this paragraph, all other terms and conditions of this Agreement continue and
remain in full force and effect.
The total duration of this Agreement, including the exercise of any option under this
paragraph, shall not exceed six (6) years.
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ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR's compensation for all work under this Agreement shall conform to
the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this
reference.
CONTRACTOR shall not undertake any work beyond the scope of this Agreement
unless such additional work is approved in advance and in writing by CITY.
Section 3.2 Method of Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or as
otherwise agreed, providing, without limitation, details as to amount of hours, individual
performing said work, hourly rate, and indicating to what aspect of the Scope of Services
said work is attributable. CONTRACTOR's compensation for all work under this Agreement
shall not exceed the amount of the Fee Proposal.
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the performance
of the Scope of Services. Payment of additional reimbursable costs considered to be over
and above those inherent in the original Scope of Services shall be approved in advanced
and in writing, by CITY.
Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR to
CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish
CITY, or a designated representative, with necessary information and assistance needed to
conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain
and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees
to provide CITY or its delegate with any relevant information requested and shall permit
CITY or its delegate access to its premises, upon reasonable notice, during normal business
hours for the purpose of interviewing employees and inspecting and copying such books,
records, accounts, and other material that may be relevant to a matter under investigation
for the purpose of determining compliance with this requirement. CONTRACTOR further
agrees to maintain such records for a period of three (3) years after final payment under this
Agreement.
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ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not discriminate
in the employment of its employees or in the engagement of any sub CONTRACTOR on the
basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry,
age, or any other criteria prohibited by law.
Section 4.2 ADA Compliance
In performing services under this Agreement, CONTRACTOR shall comply with the
Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all
applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 Indemnification and Responsibility for Damage
CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold
harmless CITY, its elected and appointed officials, directors, officers, employees and
volunteers from and against any claims, damages, losses, and expenses (including
reasonable attorney's fees and costs), arising out of performance of the services to be
performed under this Agreement, provided that any such claim, damage, loss, or expense is
caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor
employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them,
or anyone for whose acts they may be liable, except those injuries or damages arising out of
the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its
elected and appointed officials, directors, officers, employees and volunteers. CITY may, at
its election, conduct the defense or participate in the defense of any claim related in any way
to this indemnification. If CITY chooses at its own election to conduct its own defense,
participate in its own defense, or obtain independent legal counsel in defense of any claim
related to this indemnification, CONTRACTOR shall pay all of the costs related thereto,
including without limitation reasonable attorney fees and costs. The defense and
indemnification obligations required by this Agreement are undertaken in addition to, and
shall not in any way be limited by the insurance obligations set forth herein.
Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or City
employee shall be personally responsible for any liability arising under this Agreement.
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Section 4.5 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or parts
of the work described in the Scope of Services prior to final acceptance by CITY, except as
expressly provided herein.
Section 4.6 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement,
insurance coverage as set forth in Exhibit C attached hereto and incorporated by this
reference.
Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors,
assigns, and legal representatives to this Agreement without the written consent of the
others. CONTRACTOR shall not assign or transfer any interest in this Agreement without
the prior written consent of CITY. Consent to any such transfer shall be at the sole
discretion of CITY.
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing
signed by an authorized representative of the sender and shall be deemed to have been
given when the same is personally served or upon receipt by express or overnight delivery,
postage prepaid, or three (3) days from the time of mailing if sent by first class or certified
mail, postage prepaid, addressed to the respective parties as follows:
To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Dennis Canright
To CONTRACTOR: 5 Star Construction
6507 W. Pacific Ave., #22
Stockton, CA 95207
Attn: Bryan Davis
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 the
A
services and work to be performed hereunder. CITY, however, retains the right to require
that work performed by CONTRACTOR meet specific standards without regard to the
manner and means of accomplishment thereof.
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR
at least ten (10) days written notice. Where phases are anticipated within the Scope of
Services, at which an intermediate decision is required concerning whether to proceed
further, CITY may terminate at the conclusion of any such phase. Upon termination,
CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the
extent that the work has been performed. Upon termination, CONTRACTOR shall
immediately suspend all work on the Project and deliver any documents or work in progress
to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting
from services not completed or for contracts entered into by CONTRACTOR with third
parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products
produced under this Agreement, except to the extent otherwise required by law or permitted
in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by
CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary",
except to the extent otherwise required by law or permitted in writing by CONTRACTOR.
CONTRACTOR acknowledges that CITY is subject to the California Public Records Act.
Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees
This Agreement shall be governed by the laws of the State of California. Jurisdiction
of litigation arising from this Agreement shall be venued with the San Joaquin County
Superior Court. If any part of this Agreement is found to conflict with applicable laws, such
part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the
remainder of this Agreement shall be in force and effect. In the event any dispute between
the parties arises under or regarding this Agreement, the prevailing party in any litigation of
the dispute shall be entitled to reasonable attorney's fees from the party who does not
prevail as determined by the San Joaquin County Superior Court.
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.
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Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for convenience
only and shall not be deemed to be relevant in resolving any question or interpretation or
intent hereunder.
Section 4.16 Integration and Modification
This Agreement represents the entire understanding of CITY and CONTRACTOR as
to those matters contained herein. No prior oral or written understanding shall be of any
force or effect with respect to those matters covered hereunder. This Agreement may not
be modified or altered except in writing, signed by both parties.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single document.
Should any inconsistency occur between the specific terms of this Agreement and the
attached exhibits, the terms of this Agreement shall prevail.
Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void or
affect the validity of any other provision of this Agreement.
Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other
material documents or data, and working papers, whether or not in final form, which have
been obtained or prepared under this Agreement, shall be deemed the property of CITY.
Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during
CONTRACTOR's regular business hours. Upon termination or completion of services under
this Agreement, all information collected, work product and documents shall be delivered by
CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify,
defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of
such documents for any purpose other than the purpose for which they were intended.
Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
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.
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Section 4.22 Counterparts 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.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement as of the date first above written.
ATTEST:
OLIVIA NASHED
City Clerk
APPROVED AS TO FORM:
JANICE D. MAGDICH, City Attorney
By:
CITY OF LODI, a municipal corporation
STEPHEN SCHWABAUER
City Manager
BRYAN DAVIS, doing business as 5 Star Construction
By: _
Name
Title:
Bryan Davis
Owner / Contractor
Attachments:
Exhibit A - Scope of Services
Exhibit B - Fee Proposal
Exhibit C — Insurance Requirements
Exhibit D — Federal Transit Funding Conditions (if applicable)
Funding Source: 10061000.72450
(Business Unit & Account No.)
Doc ID:
CA:Rev.09.2022.LT
8
EXHIBIT A& B
CITY OF LODI
COMMUNITY DEVELOPMENT DEPARTMENT
ROTATING ABATEMENT CONTRACTOR LIST
SCOPE OF WORK
The Scope of Work shall include, but is not limited to, code enforcement activities requiring the
boarding up of vacant, unsecured buildings, the removal of garbage, junk, and debris, weed
abatement, and demolition on an as -needed basis.
CITY OF LODI
COMMUNITY DEVELOPMENT DEPARTMENT
ROTATING ABATEMENT CONTRACTOR LIST
FEE SCHEDULE
ITEM #
ITEM DESCRIPTION
Proposed Fee
Engineering News Record - Fee
analysis 2008-2021
SECURING STRUCTURES
1.
Plywood Board -Up, Door, 4'x8'
$133.00
2.
Plywood Board -Up, Double Door, 8'x8'
$280.00
3.
Plywood Board -Up, Window, <2'6"x 4'
$91.00
4.
Plywood Board -Up, Window, <4'x4'
$105.00
5.
Plywood Board -Up, Window, <4'x6'
$119.00
6.
Plywood Board -Up, Window, <4'x8'
$133.00
7.
Plywood Board -Up, Window, <8'x8'
$280.00
8.
Plywood Board -Up, Crawl Space Opening
$91.00
9.
Plywood Board Up, Exterior Basement Door, 6'x7'
Using 3/4" Material
$350.00
10.
Replace Single Car Garage Door
$630.00
11.
Replace Double Car Garage Door
$980.00
12.
Replace Sliding Glass Door, 6'
$560.00
13.
Replace Wood Basement Door, 6'x5'
$280.00
14.
Replace Front Double Wood Entry Doors
$700.00
15.
Replace Garage Pedestrian Door
$280.00
16.
Replace Under Floor Vents
$70.00
17.
Replace Attic Vents
$70.00
PROPERTY CLEAN UPS
18.
Remove Garbage, Junk, and Debris (hourly rate)
$91.00
19.
Remove Weeds and Shrubbery (hourly rate)
$91.00
MISCELLANEOUS ABATEMENT COSTS
20.
Equipment Rental Costs per quote
21.
Standard Dump Fees (based upon actual costs)
22.
Additional Dump Fees (based upon actual costs)
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EXHIBIT C
NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a
contract you will receive an email from the City's online insurance program requesting you to forward the email to your
insurance provider(s) to submit the required insurance documentation electronically
Insurance Requirements for Most Contracts
(Not construction or requiring professional liability)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages
to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the
Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including
products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than
$2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non -
owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit
of no less than $1,000,000 per accident for bodily injury or disease.
Other Insurance Provisions:
(a) Additional Named Insured Status
The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered
as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on
behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General
liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form
CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a
later edition is used
(b) Primary and Non -Contributory Insurance Endorsement
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For
any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG
20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained
by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute
with it.
(c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said
Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to
obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether
or not the City of Lodi has received a waiver of subrogation endorsement from the insurer
NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street,
Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp oject
that it is insuring.
(d) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to
increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies.
(e) Notice of Cancellation or Change in Coverage Endorsement
This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such
cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240.
Page 1 1 of 2 pages I Risk: rev. 3/1/2018
(f) Continuity of Coverage
All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration
of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which
meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual
basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the
City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the
City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or
statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.).
(g) Failure to Comply
If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain
the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum
allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days
of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement
and interest on the first (1st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement,
if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance,
the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the
Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities.
(h) Verification of Coverage
Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and
amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates
and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required
documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to
require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at
any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective
date.
(i) Self -Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability
to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall
provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
(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) Qualified Insurer(s)
All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of
California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted
surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines
insurers (LESLI list) and otherwise meet City requirements.
Page 2 1 of 2 pages I Risk: rev. 3/1/2018
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on 2022, by and between the
CITY OF LODI, a municipal corporation (hereinafter "CITY"), and ROY ALAN SPRAGG,
doing business as ALAN SPRAGG AND ASSOCIATES (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 ROTATING
ABATEMENT CONTRACTOR 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 Commencement and Completion of Work
CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a
written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs
first, and shall perform all services diligently and complete work under this Agreement based
on a mutually agreed upon timeline or as otherwise designated in the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY
staff to provide required data or review documents within the appropriate time frames. The
review time by CITY and any other agencies involved in the project shall not be counted
against CONTRACTOR's contract performance period. Also, any delays due to 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.
1
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 July 1, 2022 and terminates upon the
completion of the Scope of Services or on June 30, 2024, whichever occurs first.
Section 2.7 Option to Extend Term of Agreement
At its option, City may extend the terms of this Agreement for an additional two (2),
two (2) -year extensions; provided, City gives Contractor no less than thirty (30) days written
notice of its intent prior to expiration of the existing term. In the event City exercises any
option under this paragraph, all other terms and conditions of this Agreement continue and
remain in full force and effect.
The total duration of this Agreement, including the exercise of any option under this
paragraph, shall not exceed six (6) years.
2
ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR's compensation for all work under this Agreement shall conform to
the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this
reference.
CONTRACTOR shall not undertake any work beyond the scope of this Agreement
unless such additional work is approved in advance and in writing by CITY.
Section 3.2 Method of Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or as
otherwise agreed, providing, without limitation, details as to amount of hours, individual
performing said work, hourly rate, and indicating to what aspect of the Scope of Services
said work is attributable. CONTRACTOR's compensation for all work under this Agreement
shall not exceed the amount of the Fee Proposal.
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the performance
of the Scope of Services. Payment of additional reimbursable costs considered to be over
and above those inherent in the original Scope of Services shall be approved in advanced
and in writing, by CITY.
Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR to
CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish
CITY, or a designated representative, with necessary information and assistance needed to
conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain
and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees
to provide CITY or its delegate with any relevant information requested and shall permit
CITY or its delegate access to its premises, upon reasonable notice, during normal business
hours for the purpose of interviewing employees and inspecting and copying such books,
records, accounts, and other material that may be relevant to a matter under investigation
for the purpose of determining compliance with this requirement. CONTRACTOR further
agrees to maintain such records for a period of three (3) years after final payment under this
Agreement.
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 Responsibility for Damage
CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold
harmless CITY, its elected and appointed officials, directors, officers, employees and
volunteers from and against any claims, damages, losses, and expenses (including
reasonable attorney's fees and costs), arising out of performance of the services to be
performed under this Agreement, provided that any such claim, damage, loss, or expense is
caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor
employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them,
or anyone for whose acts they may be liable, except those injuries or damages arising out of
the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its
elected and appointed officials, directors, officers, employees and volunteers. CITY may, at
its election, conduct the defense or participate in the defense of any claim related in any way
to this indemnification. If CITY chooses at its own election to conduct its own defense,
participate in its own defense, or obtain independent legal counsel in defense of any claim
related to this indemnification, CONTRACTOR shall pay all of the costs related thereto,
including without limitation reasonable attorney fees and costs. The defense and
indemnification obligations required by this Agreement are undertaken in addition to, and
shall not in any way be limited by the insurance obligations set forth herein.
Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or City
employee shall be personally responsible for any liability arising under this Agreement.
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: Dennis Canright
To CONTRACTOR: Alan Spragg and Associates
1238 Princess Drive
Stockton, CA 95209
Attn: Roy Alan Spragg
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 the
A
services and work to be performed hereunder. CITY, however, retains the right to require
that work performed by CONTRACTOR meet specific standards without regard to the
manner and means of accomplishment thereof.
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR
at least ten (10) days written notice. Where phases are anticipated within the Scope of
Services, at which an intermediate decision is required concerning whether to proceed
further, CITY may terminate at the conclusion of any such phase. Upon termination,
CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the
extent that the work has been performed. Upon termination, CONTRACTOR shall
immediately suspend all work on the Project and deliver any documents or work in progress
to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting
from services not completed or for contracts entered into by CONTRACTOR with third
parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products
produced under this Agreement, except to the extent otherwise required by law or permitted
in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by
CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary",
except to the extent otherwise required by law or permitted in writing by CONTRACTOR.
CONTRACTOR acknowledges that CITY is subject to the California Public Records Act.
Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees
This Agreement shall be governed by the laws of the State of California. Jurisdiction
of litigation arising from this Agreement shall be venued with the San Joaquin County
Superior Court. If any part of this Agreement is found to conflict with applicable laws, such
part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the
remainder of this Agreement shall be in force and effect. In the event any dispute between
the parties arises under or regarding this Agreement, the prevailing party in any litigation of
the dispute shall be entitled to reasonable attorney's fees from the party who does not
prevail as determined by the San Joaquin County Superior Court.
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.
6
Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for convenience
only and shall not be deemed to be relevant in resolving any question or interpretation or
intent hereunder.
Section 4.16 Integration and Modification
This Agreement represents the entire understanding of CITY and CONTRACTOR as
to those matters contained herein. No prior oral or written understanding shall be of any
force or effect with respect to those matters covered hereunder. This Agreement may not
be modified or altered except in writing, signed by both parties.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single document.
Should any inconsistency occur between the specific terms of this Agreement and the
attached exhibits, the terms of this Agreement shall prevail.
Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void or
affect the validity of any other provision of this Agreement.
Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other
material documents or data, and working papers, whether or not in final form, which have
been obtained or prepared under this Agreement, shall be deemed the property of CITY.
Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during
CONTRACTOR's regular business hours. Upon termination or completion of services under
this Agreement, all information collected, work product and documents shall be delivered by
CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify,
defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of
such documents for any purpose other than the purpose for which they were intended.
Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
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.
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Section 4.22 Counterparts 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.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement as of the date first above written.
ATTEST:
OLIVIA NASHED
City Clerk
APPROVED AS TO FORM:
JANICE D. MAGDICH, City Attorney
By:
CITY OF LODI, a municipal corporation
STEPHEN SCHWABAUER
City Manager
ROY ALAN SPRAGG, doing business as ALAN
SPRAGG AND ASSOCIATES
By: _
Name
Title:
Roy Alan Spragg
Owner / Contractor
Attachments:
Exhibit A — Scope of Services
Exhibit B — Fee Proposal
Exhibit C — Insurance Requirements
Exhibit D — Federal Transit Funding Conditions (if applicable)
Funding Source: 10061000.72450
(Business Unit & Account No.)
Doc ID:
CA:Rev.09.2022.LT
8
EXHIBIT A& B
CITY OF LODI
COMMUNITY DEVELOPMENT DEPARTMENT
ROTATING ABATEMENT CONTRACTOR LIST
SCOPE OF WORK
The Scope of Work shall include, but is not limited to, code enforcement activities requiring the
boarding up of vacant, unsecured buildings, the removal of garbage, junk, and debris, weed
abatement, and demolition on an as -needed basis.
CITY OF LODI
COMMUNITY DEVELOPMENT DEPARTMENT
ROTATING ABATEMENT CONTRACTOR LIST
FEE SCHEDULE
ITEM #
ITEM DESCRIPTION
Proposed Fee
Engineering News Record - Fee
analysis 2008-2021
SECURING STRUCTURES
1.
Plywood Board -Up, Door, 4'x8'
$133.00
2.
Plywood Board -Up, Double Door, 8'x8'
$280.00
3.
Plywood Board -Up, Window, <2'6"x 4'
$91.00
4.
Plywood Board -Up, Window, <4'x4'
$105.00
5.
Plywood Board -Up, Window, <4'x6'
$119.00
6.
Plywood Board -Up, Window, <4'x8'
$133.00
7.
Plywood Board -Up, Window, <8'x8'
$280.00
8.
Plywood Board -Up, Crawl Space Opening
$91.00
9.
Plywood Board Up, Exterior Basement Door, 6'x7'
Using 3/4" Material
$350.00
10.
Replace Single Car Garage Door
$630.00
11.
Replace Double Car Garage Door
$980.00
12.
Replace Sliding Glass Door, 6'
$560.00
13.
Replace Wood Basement Door, 6'x5'
$280.00
14.
Replace Front Double Wood Entry Doors
$700.00
15.
Replace Garage Pedestrian Door
$280.00
16.
Replace Under Floor Vents
$70.00
17.
Replace Attic Vents
$70.00
PROPERTY CLEAN UPS
18.
Remove Garbage, Junk, and Debris (hourly rate)
$91.00
19.
Remove Weeds and Shrubbery (hourly rate)
$91.00
MISCELLANEOUS ABATEMENT COSTS
20.
Equipment Rental Costs per quote
21.
Standard Dump Fees (based upon actual costs)
22.
Additional Dump Fees (based upon actual costs)
i
EXHIBIT C
NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a
contract you will receive an email from the City's online insurance program requesting you to forward the email to your
insurance provider(s) to submit the required insurance documentation electronically
Insurance Requirements for Most Contracts
(Not construction or requiring professional liability)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages
to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the
Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including
products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than
$2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non -
owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit
of no less than $1,000,000 per accident for bodily injury or disease.
Other Insurance Provisions:
(a) Additional Named Insured Status
The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered
as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on
behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General
liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form
CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a
later edition is used
(b) Primary and Non -Contributory Insurance Endorsement
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For
any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG
20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained
by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute
with it.
(c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said
Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to
obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether
or not the City of Lodi has received a waiver of subrogation endorsement from the insurer
NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street,
Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp oject
that it is insuring.
(d) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to
increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies.
(e) Notice of Cancellation or Change in Coverage Endorsement
This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such
cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240.
Page 1 1 of 2 pages I Risk: rev. 3/1/2018
(f) Continuity of Coverage
All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration
of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which
meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual
basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the
City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the
City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or
statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.).
(g) Failure to Comply
If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain
the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum
allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days
of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement
and interest on the first (1st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement,
if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance,
the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the
Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities.
(h) Verification of Coverage
Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and
amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates
and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required
documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to
require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at
any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective
date.
(i) Self -Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability
to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall
provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
(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) Qualified Insurer(s)
All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of
California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted
surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines
insurers (LESLI list) and otherwise meet City requirements.
Page 2 1 of 2 pages I Risk: rev. 3/1/2018
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on 2022, by and between the
CITY OF LODI, a municipal corporation (hereinafter "CITY"), and BAYLOR SERVICES,
INC., a California Corporation (hereinafter "CONTRACTOR").
Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in accordance
with attached Scope of Services, Exhibit A, attached and incorporated by this reference.
CITY wishes to enter into an agreement with CONTRACTOR for ROTATING
ABATEMENT CONTRACTOR 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 Commencement and Completion of Work
CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a
written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs
first, and shall perform all services diligently and complete work under this Agreement based
on a mutually agreed upon timeline or as otherwise designated in the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY
staff to provide required data or review documents within the appropriate time frames. The
review time by CITY and any other agencies involved in the project shall not be counted
against CONTRACTOR's contract performance period. Also, any delays due to 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.
1
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 July 1, 2022 and terminates upon the
completion of the Scope of Services or on June 30, 2024, whichever occurs first.
Section 2.7 Option to Extend Term of Agreement
At its option, City may extend the terms of this Agreement for an additional two (2),
two (2) -year extensions; provided, City gives Contractor no less than thirty (30) days written
notice of its intent prior to expiration of the existing term. In the event City exercises any
option under this paragraph, all other terms and conditions of this Agreement continue and
remain in full force and effect.
The total duration of this Agreement, including the exercise of any option under this
paragraph, shall not exceed six (6) years.
2
ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR's compensation for all work under this Agreement shall conform to
the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this
reference.
CONTRACTOR shall not undertake any work beyond the scope of this Agreement
unless such additional work is approved in advance and in writing by CITY.
Section 3.2 Method of Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or as
otherwise agreed, providing, without limitation, details as to amount of hours, individual
performing said work, hourly rate, and indicating to what aspect of the Scope of Services
said work is attributable. CONTRACTOR's compensation for all work under this Agreement
shall not exceed the amount of the Fee Proposal.
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the performance
of the Scope of Services. Payment of additional reimbursable costs considered to be over
and above those inherent in the original Scope of Services shall be approved in advanced
and in writing, by CITY.
Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR to
CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish
CITY, or a designated representative, with necessary information and assistance needed to
conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain
and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees
to provide CITY or its delegate with any relevant information requested and shall permit
CITY or its delegate access to its premises, upon reasonable notice, during normal business
hours for the purpose of interviewing employees and inspecting and copying such books,
records, accounts, and other material that may be relevant to a matter under investigation
for the purpose of determining compliance with this requirement. CONTRACTOR further
agrees to maintain such records for a period of three (3) years after final payment under this
Agreement.
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ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not discriminate
in the employment of its employees or in the engagement of any sub CONTRACTOR on the
basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry,
age, or any other criteria prohibited by law.
Section 4.2 ADA Compliance
In performing services under this Agreement, CONTRACTOR shall comply with the
Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all
applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 Indemnification and Responsibility for Damage
CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold
harmless CITY, its elected and appointed officials, directors, officers, employees and
volunteers from and against any claims, damages, losses, and expenses (including
reasonable attorney's fees and costs), arising out of performance of the services to be
performed under this Agreement, provided that any such claim, damage, loss, or expense is
caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor
employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them,
or anyone for whose acts they may be liable, except those injuries or damages arising out of
the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its
elected and appointed officials, directors, officers, employees and volunteers. CITY may, at
its election, conduct the defense or participate in the defense of any claim related in any way
to this indemnification. If CITY chooses at its own election to conduct its own defense,
participate in its own defense, or obtain independent legal counsel in defense of any claim
related to this indemnification, CONTRACTOR shall pay all of the costs related thereto,
including without limitation reasonable attorney fees and costs. The defense and
indemnification obligations required by this Agreement are undertaken in addition to, and
shall not in any way be limited by the insurance obligations set forth herein.
Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or City
employee shall be personally responsible for any liability arising under this Agreement.
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: Dennis Canright
To CONTRACTOR: Baylor Services, Inc.
P.O. Box 499
Lockeford, CA 95237
Attn: Daryl Baylor
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 the
A
services and work to be performed hereunder. CITY, however, retains the right to require
that work performed by CONTRACTOR meet specific standards without regard to the
manner and means of accomplishment thereof.
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR
at least ten (10) days written notice. Where phases are anticipated within the Scope of
Services, at which an intermediate decision is required concerning whether to proceed
further, CITY may terminate at the conclusion of any such phase. Upon termination,
CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the
extent that the work has been performed. Upon termination, CONTRACTOR shall
immediately suspend all work on the Project and deliver any documents or work in progress
to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting
from services not completed or for contracts entered into by CONTRACTOR with third
parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products
produced under this Agreement, except to the extent otherwise required by law or permitted
in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by
CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary",
except to the extent otherwise required by law or permitted in writing by CONTRACTOR.
CONTRACTOR acknowledges that CITY is subject to the California Public Records Act.
Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees
This Agreement shall be governed by the laws of the State of California. Jurisdiction
of litigation arising from this Agreement shall be venued with the San Joaquin County
Superior Court. If any part of this Agreement is found to conflict with applicable laws, such
part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the
remainder of this Agreement shall be in force and effect. In the event any dispute between
the parties arises under or regarding this Agreement, the prevailing party in any litigation of
the dispute shall be entitled to reasonable attorney's fees from the party who does not
prevail as determined by the San Joaquin County Superior Court.
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.
6
Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for convenience
only and shall not be deemed to be relevant in resolving any question or interpretation or
intent hereunder.
Section 4.16 Integration and Modification
This Agreement represents the entire understanding of CITY and CONTRACTOR as
to those matters contained herein. No prior oral or written understanding shall be of any
force or effect with respect to those matters covered hereunder. This Agreement may not
be modified or altered except in writing, signed by both parties.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single document.
Should any inconsistency occur between the specific terms of this Agreement and the
attached exhibits, the terms of this Agreement shall prevail.
Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void or
affect the validity of any other provision of this Agreement.
Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other
material documents or data, and working papers, whether or not in final form, which have
been obtained or prepared under this Agreement, shall be deemed the property of CITY.
Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during
CONTRACTOR's regular business hours. Upon termination or completion of services under
this Agreement, all information collected, work product and documents shall be delivered by
CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify,
defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of
such documents for any purpose other than the purpose for which they were intended.
Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
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.
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Section 4.22 Counterparts 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.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement as of the date first above written.
ATTEST:
OLIVIA NASHED
City Clerk
APPROVED AS TO FORM:
JANICE D. MAGDICH, City Attorney
M
CITY OF LODI, a municipal corporation
STEPHEN SCHWABAUER
City Manager
BAYLOR SERVICES, INC., a California
Corporation
By:
Name: Daryl Baylor
Title: Owner / Contractor
Attachments:
Exhibit A — Scope of Services
Exhibit B — Fee Proposal
Exhibit C — Insurance Requirements
Exhibit D — Federal Transit Funding Conditions (if applicable)
Funding Source: 10061000.72450
(Business Unit & Account No.)
Doc ID:
CA:Rev.09.2022.LT
8
EXHIBIT A& B
CITY OF LODI
COMMUNITY DEVELOPMENT DEPARTMENT
ROTATING ABATEMENT CONTRACTOR LIST
SCOPE OF WORK
The Scope of Work shall include, but is not limited to, code enforcement activities requiring the
boarding up of vacant, unsecured buildings, the removal of garbage, junk, and debris, weed
abatement, and demolition on an as -needed basis.
CITY OF LODI
COMMUNITY DEVELOPMENT DEPARTMENT
ROTATING ABATEMENT CONTRACTOR LIST
FEE SCHEDULE
ITEM #
ITEM DESCRIPTION
Proposed Fee
Engineering News Record - Fee
analysis 2008-2021
SECURING STRUCTURES
1.
Plywood Board -Up, Door, 4'x8'
$133.00
2.
Plywood Board -Up, Double Door, 8'x8'
$280.00
3.
Plywood Board -Up, Window, <2'6"x 4'
$91.00
4.
Plywood Board -Up, Window, <4'x4'
$105.00
5.
Plywood Board -Up, Window, <4'x6'
$119.00
6.
Plywood Board -Up, Window, <4'x8'
$133.00
7.
Plywood Board -Up, Window, <8'x8'
$280.00
8.
Plywood Board -Up, Crawl Space Opening
$91.00
9.
Plywood Board Up, Exterior Basement Door, 6'x7'
Using 3/4" Material
$350.00
10.
Replace Single Car Garage Door
$630.00
11.
Replace Double Car Garage Door
$980.00
12.
Replace Sliding Glass Door, 6'
$560.00
13.
Replace Wood Basement Door, 6'x5'
$280.00
14.
Replace Front Double Wood Entry Doors
$700.00
15.
Replace Garage Pedestrian Door
$280.00
16.
Replace Under Floor Vents
$70.00
17.
Replace Attic Vents
$70.00
PROPERTY CLEAN UPS
18.
Remove Garbage, Junk, and Debris (hourly rate)
$91.00
19.
Remove Weeds and Shrubbery (hourly rate)
$91.00
MISCELLANEOUS ABATEMENT COSTS
20.
Equipment Rental Costs per quote
21.
Standard Dump Fees (based upon actual costs)
22.
Additional Dump Fees (based upon actual costs)
i
EXHIBIT C
NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a
contract you will receive an email from the City's online insurance program requesting you to forward the email to your
insurance provider(s) to submit the required insurance documentation electronically
Insurance Requirements for Most Contracts
(Not construction or requiring professional liability)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages
to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the
Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including
products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than
$2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non -
owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit
of no less than $1,000,000 per accident for bodily injury or disease.
Other Insurance Provisions:
(a) Additional Named Insured Status
The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered
as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on
behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General
liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form
CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a
later edition is used
(b) Primary and Non -Contributory Insurance Endorsement
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For
any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG
20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained
by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute
with it.
(c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said
Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to
obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether
or not the City of Lodi has received a waiver of subrogation endorsement from the insurer
NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street,
Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp oject
that it is insuring.
(d) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to
increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies.
(e) Notice of Cancellation or Change in Coverage Endorsement
This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such
cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240.
Page 1 1 of 2 pages I Risk: rev. 3/1/2018
(f) Continuity of Coverage
All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration
of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which
meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual
basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the
City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the
City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or
statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.).
(g) Failure to Comply
If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain
the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum
allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days
of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement
and interest on the first (1st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement,
if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance,
the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the
Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities.
(h) Verification of Coverage
Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and
amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates
and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required
documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to
require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at
any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective
date.
(i) Self -Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability
to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall
provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
(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) Qualified Insurer(s)
All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of
California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted
surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines
insurers (LESLI list) and otherwise meet City requirements.
Page 2 1 of 2 pages I Risk: rev. 3/1/2018
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on , 2022, by and between the
CITY OF LODI, a municipal corporation (hereinafter "CITY"), and JIM THORPE OIL, INC., a
California Corporation (hereinafter "CONTRACTOR").
Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in accordance
with attached Scope of Services, Exhibit A, attached and incorporated by this reference.
CITY wishes to enter into an agreement with CONTRACTOR for ROTATING
ABATEMENT CONTRACTOR 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 Commencement and Completion of Work
CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a
written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs
first, and shall perform all services diligently and complete work under this Agreement based
on a mutually agreed upon timeline or as otherwise designated in the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY
staff to provide required data or review documents within the appropriate time frames. The
review time by CITY and any other agencies involved in the project shall not be counted
against CONTRACTOR's contract performance period. Also, any delays due to 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.
1
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 July 1, 2022 and terminates upon the
completion of the Scope of Services or on June 30, 2024, whichever occurs first.
Section 2.7 Option to Extend Term of Agreement
At its option, City may extend the terms of this Agreement for an additional two (2),
two (2) -year extensions; provided, City gives Contractor no less than thirty (30) days written
notice of its intent prior to expiration of the existing term. In the event City exercises any
option under this paragraph, all other terms and conditions of this Agreement continue and
remain in full force and effect.
The total duration of this Agreement, including the exercise of any option under this
paragraph, shall not exceed six (6) years.
2
ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR's compensation for all work under this Agreement shall conform to
the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this
reference.
CONTRACTOR shall not undertake any work beyond the scope of this Agreement
unless such additional work is approved in advance and in writing by CITY.
Section 3.2 Method of Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or as
otherwise agreed, providing, without limitation, details as to amount of hours, individual
performing said work, hourly rate, and indicating to what aspect of the Scope of Services
said work is attributable. CONTRACTOR's compensation for all work under this Agreement
shall not exceed the amount of the Fee Proposal.
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the performance
of the Scope of Services. Payment of additional reimbursable costs considered to be over
and above those inherent in the original Scope of Services shall be approved in advanced
and in writing, by CITY.
Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR to
CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish
CITY, or a designated representative, with necessary information and assistance needed to
conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain
and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees
to provide CITY or its delegate with any relevant information requested and shall permit
CITY or its delegate access to its premises, upon reasonable notice, during normal business
hours for the purpose of interviewing employees and inspecting and copying such books,
records, accounts, and other material that may be relevant to a matter under investigation
for the purpose of determining compliance with this requirement. CONTRACTOR further
agrees to maintain such records for a period of three (3) years after final payment under this
Agreement.
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 Responsibility for Damage
CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold
harmless CITY, its elected and appointed officials, directors, officers, employees and
volunteers from and against any claims, damages, losses, and expenses (including
reasonable attorney's fees and costs), arising out of performance of the services to be
performed under this Agreement, provided that any such claim, damage, loss, or expense is
caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor
employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them,
or anyone for whose acts they may be liable, except those injuries or damages arising out of
the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its
elected and appointed officials, directors, officers, employees and volunteers. CITY may, at
its election, conduct the defense or participate in the defense of any claim related in any way
to this indemnification. If CITY chooses at its own election to conduct its own defense,
participate in its own defense, or obtain independent legal counsel in defense of any claim
related to this indemnification, CONTRACTOR shall pay all of the costs related thereto,
including without limitation reasonable attorney fees and costs. The defense and
indemnification obligations required by this Agreement are undertaken in addition to, and
shall not in any way be limited by the insurance obligations set forth herein.
Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or City
employee shall be personally responsible for any liability arising under this Agreement.
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: Dennis Canright
To CONTRACTOR: Jim Thorpe Oil, Inc.
677 E. Lockeford Street
Lodi, CA 95240
Attn: Martin L. Thorpe
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 the
A
services and work to be performed hereunder. CITY, however, retains the right to require
that work performed by CONTRACTOR meet specific standards without regard to the
manner and means of accomplishment thereof.
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR
at least ten (10) days written notice. Where phases are anticipated within the Scope of
Services, at which an intermediate decision is required concerning whether to proceed
further, CITY may terminate at the conclusion of any such phase. Upon termination,
CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the
extent that the work has been performed. Upon termination, CONTRACTOR shall
immediately suspend all work on the Project and deliver any documents or work in progress
to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting
from services not completed or for contracts entered into by CONTRACTOR with third
parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products
produced under this Agreement, except to the extent otherwise required by law or permitted
in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by
CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary",
except to the extent otherwise required by law or permitted in writing by CONTRACTOR.
CONTRACTOR acknowledges that CITY is subject to the California Public Records Act.
Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees
This Agreement shall be governed by the laws of the State of California. Jurisdiction
of litigation arising from this Agreement shall be venued with the San Joaquin County
Superior Court. If any part of this Agreement is found to conflict with applicable laws, such
part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the
remainder of this Agreement shall be in force and effect. In the event any dispute between
the parties arises under or regarding this Agreement, the prevailing party in any litigation of
the dispute shall be entitled to reasonable attorney's fees from the party who does not
prevail as determined by the San Joaquin County Superior Court.
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.
6
Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for convenience
only and shall not be deemed to be relevant in resolving any question or interpretation or
intent hereunder.
Section 4.16 Integration and Modification
This Agreement represents the entire understanding of CITY and CONTRACTOR as
to those matters contained herein. No prior oral or written understanding shall be of any
force or effect with respect to those matters covered hereunder. This Agreement may not
be modified or altered except in writing, signed by both parties.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single document.
Should any inconsistency occur between the specific terms of this Agreement and the
attached exhibits, the terms of this Agreement shall prevail.
Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void or
affect the validity of any other provision of this Agreement.
Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other
material documents or data, and working papers, whether or not in final form, which have
been obtained or prepared under this Agreement, shall be deemed the property of CITY.
Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during
CONTRACTOR's regular business hours. Upon termination or completion of services under
this Agreement, all information collected, work product and documents shall be delivered by
CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify,
defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of
such documents for any purpose other than the purpose for which they were intended.
Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
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.
7
Section 4.22 Counterparts 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.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement as of the date first above written.
ATTEST:
OLIVIA NASHED
City Clerk
APPROVED AS TO FORM:
JANICE D. MAGDICH, City Attorney
By:
CITY OF LODI, a municipal corporation
STEPHEN SCHWABAUER
City Manager
JIM THORPE OIL, INC., a California Corporation
By: _
Name
Title:
Martin L. Thorpe
Chief Executive Officer
Attachments:
Exhibit A - Scope of Services
Exhibit B — Fee Proposal
Exhibit C — Insurance Requirements
Exhibit D — Federal Transit Funding Conditions (if applicable)
Funding Source: 10061000.72450
(Business Unit & Account No.)
Doc ID:
CA:Rev.09.2022.LT
8
EXHIBIT A& B
CITY OF LODI
COMMUNITY DEVELOPMENT DEPARTMENT
ROTATING ABATEMENT CONTRACTOR LIST
SCOPE OF WORK
The Scope of Work shall include, but is not limited to, code enforcement activities requiring the
boarding up of vacant, unsecured buildings, the removal of garbage, junk, and debris, weed
abatement, and demolition on an as -needed basis.
CITY OF LODI
COMMUNITY DEVELOPMENT DEPARTMENT
ROTATING ABATEMENT CONTRACTOR LIST
FEE SCHEDULE
ITEM #
ITEM DESCRIPTION
Proposed Fee
Engineering News Record - Fee
analysis 2008-2021
SECURING STRUCTURES
1.
Plywood Board -Up, Door, 4'x8'
$133.00
2.
Plywood Board -Up, Double Door, 8'x8'
$280.00
3.
Plywood Board -Up, Window, <2'6"x 4'
$91.00
4.
Plywood Board -Up, Window, <4'x4'
$105.00
5.
Plywood Board -Up, Window, <4'x6'
$119.00
6.
Plywood Board -Up, Window, <4'x8'
$133.00
7.
Plywood Board -Up, Window, <8'x8'
$280.00
8.
Plywood Board -Up, Crawl Space Opening
$91.00
9.
Plywood Board Up, Exterior Basement Door, 6'x7'
Using 3/4" Material
$350.00
10.
Replace Single Car Garage Door
$630.00
11.
Replace Double Car Garage Door
$980.00
12.
Replace Sliding Glass Door, 6'
$560.00
13.
Replace Wood Basement Door, 6'x5'
$280.00
14.
Replace Front Double Wood Entry Doors
$700.00
15.
Replace Garage Pedestrian Door
$280.00
16.
Replace Under Floor Vents
$70.00
17.
Replace Attic Vents
$70.00
PROPERTY CLEAN UPS
18.
Remove Garbage, Junk, and Debris (hourly rate)
$91.00
19.
Remove Weeds and Shrubbery (hourly rate)
$91.00
MISCELLANEOUS ABATEMENT COSTS
20.
Equipment Rental Costs per quote
21.
Standard Dump Fees (based upon actual costs)
22.
Additional Dump Fees (based upon actual costs)
i
EXHIBIT C
NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a
contract you will receive an email from the City's online insurance program requesting you to forward the email to your
insurance provider(s) to submit the required insurance documentation electronically
Insurance Requirements for Most Contracts
(Not construction or requiring professional liability)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages
to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the
Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including
products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than
$2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non -
owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit
of no less than $1,000,000 per accident for bodily injury or disease.
Other Insurance Provisions:
(a) Additional Named Insured Status
The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered
as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on
behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General
liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form
CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a
later edition is used
(b) Primary and Non -Contributory Insurance Endorsement
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For
any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG
20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained
by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute
with it.
(c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said
Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to
obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether
or not the City of Lodi has received a waiver of subrogation endorsement from the insurer
NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street,
Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp oject
that it is insuring.
(d) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to
increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies.
(e) Notice of Cancellation or Change in Coverage Endorsement
This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such
cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240.
Page 1 1 of 2 pages I Risk: rev. 3/1/2018
(f) Continuity of Coverage
All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration
of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which
meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual
basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the
City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the
City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or
statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.).
(g) Failure to Comply
If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain
the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum
allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days
of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement
and interest on the first (1st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement,
if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance,
the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the
Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities.
(h) Verification of Coverage
Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and
amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates
and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required
documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to
require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at
any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective
date.
(i) Self -Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability
to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall
provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
(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) Qualified Insurer(s)
All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of
California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted
surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines
insurers (LESLI list) and otherwise meet City requirements.
Page 2 1 of 2 pages I Risk: rev. 3/1/2018
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on 2022, by and between the
CITY OF LODI, a municipal corporation (hereinafter "CITY"), and DON DAVIS, doing
business as NORCAL CONSTRUCTION (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 ROTATING
ABATEMENT CONTRACTOR 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 Commencement and Completion of Work
CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a
written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs
first, and shall perform all services diligently and complete work under this Agreement based
on a mutually agreed upon timeline or as otherwise designated in the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY
staff to provide required data or review documents within the appropriate time frames. The
review time by CITY and any other agencies involved in the project shall not be counted
against CONTRACTOR's contract performance period. Also, any delays due to 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.
1
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 July 1, 2022 and terminates upon the
completion of the Scope of Services or on June 30, 2024, whichever occurs first.
Section 2.7 Option to Extend Term of Agreement
At its option, City may extend the terms of this Agreement for an additional two (2),
two (2) -year extensions; provided, City gives Contractor no less than thirty (30) days written
notice of its intent prior to expiration of the existing term. In the event City exercises any
option under this paragraph, all other terms and conditions of this Agreement continue and
remain in full force and effect.
The total duration of this Agreement, including the exercise of any option under this
paragraph, shall not exceed six (6) years.
2
ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR's compensation for all work under this Agreement shall conform to
the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this
reference.
CONTRACTOR shall not undertake any work beyond the scope of this Agreement
unless such additional work is approved in advance and in writing by CITY.
Section 3.2 Method of Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or as
otherwise agreed, providing, without limitation, details as to amount of hours, individual
performing said work, hourly rate, and indicating to what aspect of the Scope of Services
said work is attributable. CONTRACTOR's compensation for all work under this Agreement
shall not exceed the amount of the Fee Proposal.
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the performance
of the Scope of Services. Payment of additional reimbursable costs considered to be over
and above those inherent in the original Scope of Services shall be approved in advanced
and in writing, by CITY.
Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR to
CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish
CITY, or a designated representative, with necessary information and assistance needed to
conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain
and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees
to provide CITY or its delegate with any relevant information requested and shall permit
CITY or its delegate access to its premises, upon reasonable notice, during normal business
hours for the purpose of interviewing employees and inspecting and copying such books,
records, accounts, and other material that may be relevant to a matter under investigation
for the purpose of determining compliance with this requirement. CONTRACTOR further
agrees to maintain such records for a period of three (3) years after final payment under this
Agreement.
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 Responsibility for Damage
CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold
harmless CITY, its elected and appointed officials, directors, officers, employees and
volunteers from and against any claims, damages, losses, and expenses (including
reasonable attorney's fees and costs), arising out of performance of the services to be
performed under this Agreement, provided that any such claim, damage, loss, or expense is
caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor
employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them,
or anyone for whose acts they may be liable, except those injuries or damages arising out of
the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its
elected and appointed officials, directors, officers, employees and volunteers. CITY may, at
its election, conduct the defense or participate in the defense of any claim related in any way
to this indemnification. If CITY chooses at its own election to conduct its own defense,
participate in its own defense, or obtain independent legal counsel in defense of any claim
related to this indemnification, CONTRACTOR shall pay all of the costs related thereto,
including without limitation reasonable attorney fees and costs. The defense and
indemnification obligations required by this Agreement are undertaken in addition to, and
shall not in any way be limited by the insurance obligations set forth herein.
Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or City
employee shall be personally responsible for any liability arising under this Agreement.
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: Dennis Canright
To CONTRACTOR: NorCal Construction
PO Box 692004
Stockton, CA 95269
Attn: Don Davis
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 the
A
services and work to be performed hereunder. CITY, however, retains the right to require
that work performed by CONTRACTOR meet specific standards without regard to the
manner and means of accomplishment thereof.
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR
at least ten (10) days written notice. Where phases are anticipated within the Scope of
Services, at which an intermediate decision is required concerning whether to proceed
further, CITY may terminate at the conclusion of any such phase. Upon termination,
CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the
extent that the work has been performed. Upon termination, CONTRACTOR shall
immediately suspend all work on the Project and deliver any documents or work in progress
to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting
from services not completed or for contracts entered into by CONTRACTOR with third
parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products
produced under this Agreement, except to the extent otherwise required by law or permitted
in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by
CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary",
except to the extent otherwise required by law or permitted in writing by CONTRACTOR.
CONTRACTOR acknowledges that CITY is subject to the California Public Records Act.
Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees
This Agreement shall be governed by the laws of the State of California. Jurisdiction
of litigation arising from this Agreement shall be venued with the San Joaquin County
Superior Court. If any part of this Agreement is found to conflict with applicable laws, such
part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the
remainder of this Agreement shall be in force and effect. In the event any dispute between
the parties arises under or regarding this Agreement, the prevailing party in any litigation of
the dispute shall be entitled to reasonable attorney's fees from the party who does not
prevail as determined by the San Joaquin County Superior Court.
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.
6
Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for convenience
only and shall not be deemed to be relevant in resolving any question or interpretation or
intent hereunder.
Section 4.16 Integration and Modification
This Agreement represents the entire understanding of CITY and CONTRACTOR as
to those matters contained herein. No prior oral or written understanding shall be of any
force or effect with respect to those matters covered hereunder. This Agreement may not
be modified or altered except in writing, signed by both parties.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single document.
Should any inconsistency occur between the specific terms of this Agreement and the
attached exhibits, the terms of this Agreement shall prevail.
Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void or
affect the validity of any other provision of this Agreement.
Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other
material documents or data, and working papers, whether or not in final form, which have
been obtained or prepared under this Agreement, shall be deemed the property of CITY.
Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during
CONTRACTOR's regular business hours. Upon termination or completion of services under
this Agreement, all information collected, work product and documents shall be delivered by
CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify,
defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of
such documents for any purpose other than the purpose for which they were intended.
Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
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.
7
Section 4.22 Counterparts 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.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement as of the date first above written.
ATTEST:
OLIVIA NASHED
City Clerk
CITY OF LODI, a municipal corporation
STEPHEN SCHWABAUER
City Manager
APPROVED AS TO FORM: DON DAVIS, doing business as NorCal Construction
JANICE D. MAGDICH, City Attorney
By: By:
Name: Don Davis
Title: Owner / Contractor
Attachments:
Exhibit A - Scope of Services
Exhibit B — Fee Proposal
Exhibit C — Insurance Requirements
Exhibit D — Federal Transit Funding Conditions (if applicable)
Funding Source: 10061000.72450
(Business Unit & Account No.)
Doc ID:
CA:Rev.09.2022.LT
8
EXHIBIT A& B
CITY OF LODI
COMMUNITY DEVELOPMENT DEPARTMENT
ROTATING ABATEMENT CONTRACTOR LIST
SCOPE OF WORK
The Scope of Work shall include, but is not limited to, code enforcement activities requiring the
boarding up of vacant, unsecured buildings, the removal of garbage, junk, and debris, weed
abatement, and demolition on an as -needed basis.
CITY OF LODI
COMMUNITY DEVELOPMENT DEPARTMENT
ROTATING ABATEMENT CONTRACTOR LIST
FEE SCHEDULE
ITEM #
ITEM DESCRIPTION
Proposed Fee
Engineering News Record - Fee
analysis 2008-2021
SECURING STRUCTURES
1.
Plywood Board -Up, Door, 4'x8'
$133.00
2.
Plywood Board -Up, Double Door, 8'x8'
$280.00
3.
Plywood Board -Up, Window, <2'6"x 4'
$91.00
4.
Plywood Board -Up, Window, <4'x4'
$105.00
5.
Plywood Board -Up, Window, <4'x6'
$119.00
6.
Plywood Board -Up, Window, <4'x8'
$133.00
7.
Plywood Board -Up, Window, <8'x8'
$280.00
8.
Plywood Board -Up, Crawl Space Opening
$91.00
9.
Plywood Board Up, Exterior Basement Door, 6'x7'
Using 3/4" Material
$350.00
10.
Replace Single Car Garage Door
$630.00
11.
Replace Double Car Garage Door
$980.00
12.
Replace Sliding Glass Door, 6'
$560.00
13.
Replace Wood Basement Door, 6'x5'
$280.00
14.
Replace Front Double Wood Entry Doors
$700.00
15.
Replace Garage Pedestrian Door
$280.00
16.
Replace Under Floor Vents
$70.00
17.
Replace Attic Vents
$70.00
PROPERTY CLEAN UPS
18.
Remove Garbage, Junk, and Debris (hourly rate)
$91.00
19.
Remove Weeds and Shrubbery (hourly rate)
$91.00
MISCELLANEOUS ABATEMENT COSTS
20.
Equipment Rental Costs per quote
21.
Standard Dump Fees (based upon actual costs)
22.
Additional Dump Fees (based upon actual costs)
i
EXHIBIT C
NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a
contract you will receive an email from the City's online insurance program requesting you to forward the email to your
insurance provider(s) to submit the required insurance documentation electronically
Insurance Requirements for Most Contracts
(Not construction or requiring professional liability)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages
to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the
Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including
products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than
$2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non -
owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit
of no less than $1,000,000 per accident for bodily injury or disease.
Other Insurance Provisions:
(a) Additional Named Insured Status
The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered
as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on
behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General
liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form
CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a
later edition is used
(b) Primary and Non -Contributory Insurance Endorsement
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For
any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG
20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained
by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute
with it.
(c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said
Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to
obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether
or not the City of Lodi has received a waiver of subrogation endorsement from the insurer
NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street,
Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp oject
that it is insuring.
(d) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to
increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies.
(e) Notice of Cancellation or Change in Coverage Endorsement
This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such
cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240.
Page 1 1 of 2 pages I Risk: rev. 3/1/2018
(f) Continuity of Coverage
All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration
of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which
meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual
basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the
City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the
City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or
statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.).
(g) Failure to Comply
If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain
the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum
allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days
of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement
and interest on the first (1st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement,
if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance,
the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the
Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities.
(h) Verification of Coverage
Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and
amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates
and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required
documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to
require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at
any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective
date.
(i) Self -Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability
to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall
provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
(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) Qualified Insurer(s)
All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of
California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted
surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines
insurers (LESLI list) and otherwise meet City requirements.
Page 2 1 of 2 pages I Risk: rev. 3/1/2018
RESOLUTION NO. 2022-286
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO AMEND THE ABATEMENT FEE SCHEDULE AND
EXECUTE TWO-YEAR PROFESSIONAL SERVICES AGREEMENTS FOR A
ROTATING CONTRACTOR LIST WITH ALAN SPRAGG AND ASSOCIATES;
BAYLOR SERVICES, INC.; NORCAL CONSTRUCTION;
5 STAR CONSTRUCTION; AND JIM THORPE OIL, INC.
WHEREAS, as part of the Code Enforcement function in eliminating blight, nuisances,
and substandard and dangerous building conditions, the Community Improvement Division of
the Community Development Department issues orders requiring board -up and securing of
vacant structures, as well as the removal and clean-up of garbage, junk, and debris from yard
areas; and
WHEREAS, vacant, unsecured structures are required to be boarded up within one to
ten days, depending on the severity of the hazardous condition; and
WHEREAS, currently, in the event that the structure is not secured or the yards are not
cleaned voluntarily within the required time frame, the bid process is initiated in order to allow
the City to have the work done and have costs billed to the property owner; and
WHEREAS, the Community Improvement Division relies on outside contractors to
provide professional abatement services on an as -needed basis; and
WHEREAS, there is a need for multiple contracts to ensure availability. This
arrangement does not obligate the City to use the services, but offers the flexibility in providing
the best service to the public; and
WHEREAS, the City Council adopted Resolution No. 2000-235 on December 20, 2000,
approving the Abatement Fee Schedule, and further adopted Resolution No. 2004-62 on April 7,
2004, and Resolution No. 2007-19 on February 7, 2007, amending the fee schedule to reflect
increases in material costs; and
WHEREAS, staff has been working with contractors to determine an appropriately
updated Abatement Fee Schedule as shown on Exhibit A attached hereto.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute two-year Professional Services Agreements with 1)
Alan Spragg General Construction; 2) Baylor Service, Inc.; 3) NorCal Construction; 4) 5 Star
Construction; and 5) Jim Thorpe Oil for a rotating abatement contractor list, with two two-year
extension options with each contractor, with the total contracts not to exceed six years or
$40,000 per year; 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: November 16, 2022
I hereby certify that Resolution No. 2022-286 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held November 16, 2022, by the following vote:
AYES: COUNCIL MEMBERS — Hothi, Khan, Kuehne, Nakanishi, and
Mayor Chandler
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
OLIVIA NASHED
City Clerk
2022-286
EXHIBIT A
CITY OF LODI
COMMUNITY DEVELOPMENT DEPARTMENT
ABATEMENT FEE SCHEDULE FOR ROTATING CONTRACTOR LIST
(November 2022)
ITEM #
ITEM DESCRIPTION
Current Fee
Proposed Fee
Engineering News Record -
Fee analysis 2008-2021
1.
SECURING STRUCTURES
Plywood Board -Up, Door, 4'x8'
$95
$133.00
2.
Plywood Board -Up, Double Door, 8'x8'
$200
$280.00
3.
Plywood Board -Up, Window, <2'6"x 4'
$65
$91.00
4.
Plywood Board -Up, Window, <4'x4'
$75
$105.00
5.
Plywood Board -Up, Window, <4'x6'
$85
$119.00
6.
Plywood Board -Up, Window, <4'x8'
$95
$133.00
7.
Plywood Board -Up, Window, <8'x8'
$200
$280.00
8.
9.
10.
Plywood Board -Up, rawl Space Opening
Plywood Board Up, Exterior Basement Door, 6'x7'
Using 3/4" Material _
Replace Single Car Garage Door
$65
$250
$450
$91.00
$350.00
$630.00
11.
Replace Double Car Garage Door
$700
$980.00
12.
Replace Sliding Glass Door, 6'
$400
$560.00
13.
Replace Wood Basement Door, 6'x5'
$200
$280.00
14.
Replace Front Double Wood Entry Doors
$500
$700.00
15.
Replace Garage Pedestrian Door
$200
$280.00
16.
Replace Under Floor Vents
$50
$70.00
17.
Replace Attic Vents
$50
$70.00
PROPERTY CLEAN UPS
18. 1
Remove Garbage, Junk, and Debris ourly rate
$65
$91.00
19.
Remove Weeds and Shrubbery hour) rate
$65
$91.00
MISCELLANEOUS ABATEMENT COSTS
20.
Equipment Rental Costs(perquote)
21.
Standard Dump Fees based upon actual costs
22.
Additional Dump Fees based upon actual costs
City Council
review of
ABATEMENT FEE SCHEDULE
FOR ROTATING CONTRACTOR LIST
ABATEMENT FEE SCHEDULE
ITEM #
ITEM DESCRIPTION
Current Fee
Proposed Fee
2007
Engineering News Record - Fee
analysis 2008-2021
SECURING STRUCTURES
1.
Plywood Board -Up, Door, 4'x8'
$95
$133.00
2.
Plywood Board -Up, Double Door, 8'x8'
$200
$280.00
3.
Plywood Board -Up, Window, <2'6"x 4'
$65
$91.00
4.
Plywood Board -Up, Window, <4'x4'
$75
$105.00
5.
Plywood Board -Up, Window, <4'x6'
$85
$119.00
6.
Plywood Board -Up, Window, <4'x8'
$95
$133.00
7.
Plywood Board -Up, Window, <8'x8'
$200
$280.00
8.
Plywood Board -Up, Crawl Space Opening
$65
$91.00
9.
Plywood Board Up, Exterior Basement Door, 6'x7'
$250
$350.00
Using 3/4" Material
10.
Replace Single Car Garage Door
$450
$630.00
11.
Replace Double Car Garage Door
$700
$980.00
12.
Replace Sliding Glass Door, 6'
$400
$560.00
13.
Replace Wood Basement Door, 6'x5'
$200
$280.00
14.
Replace Front Double Wood Entry Doors
$500
$700.00
15.
Replace Garage Pedestrian Door
$200
$280.00
16.
Replace Under Floor Vents
$50
$70.00
17.
Replace Attic Vents
$50
$70.00
PROPERTY CLEAN UPS
18.
Remove Garbage, Junk, and Debris (hourly rate)
$65
$91.00
19.
Remove Weeds and Shrubbery (hourly rate)
$65
$91.00
MISCELLANEOUS ABATEMENT COSTS
20. Equipment Rental Costs (per quote)
21. Standard Dump Fees (based upon actual costs)
22. Additional Dump Fees (based upon actual costs)
STAFF RECOMMENDATION:
Consideration for the approval
of 2022 Abatement Fee
Schedule