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HomeMy WebLinkAboutAgenda Report - January 18, 2023 C-09CITY OF .,Z!10 t V CALIFORNIA AGENDA ITEM C db C) COUNCIL COMMUNICATION AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 2 to Professional Services Agreement with O'Dell Engineering, Inc., of Modesto, for On -Call Landscape Architectural Services ($35,000) MEETING DATE: January 18, 2023 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Amendment No. 2 to Professional Services Agreement with O'Dell Engineering, Inc., of Modesto, for on-call landscape architectural services, in the amount of $35,000. BACKGRUND INFORMATION: Governor Brown's Drought Executive Order of April1, 2015 (EO B-29-15) directed the Department of Water Resources to update the State's Model Water Efficient Landscape Ordinance (MWELO) through expedited regulation. The California Water Commission approved the revised Ordinance on July 15, 2015. In response to the additional oversight and reporting requirements associated with the revised ordinance, and to augment reduced staffing levels, the City initially entered into a Professional Services Agreement with O'Dell Engineering, Inc. for on-call landscape architectural services on May 30, 2017. Services included on- call assistance for building permit plan review and ordinance conformance review for projects that include over 2,500 square feet of landscape improvements, and for other MWELO related consultation. The City then executed Amendment No. 1 on February 16, 2022 extending the term for one year. Development within the City requiring landscape architectural review for MWELO compliance is expected to continue over the next year. The initial term of the Professional Services Agreement was three years, with two, optional, one-year extensions. Amendment No. 1 extended the term through April 20, 2023. Amendment No. 2 will add funds in the amount of $35,000 for a total not -to -exceed amount of $135,000 and extend the term to April 30, 2024. Staff recommends authorizing City Manager to execute Amendment No. 2 to Professional Services Agreement with O'Dell Engineering, Inc., of Modesto, for on-call landscape architectural services, in the amount of $35,000, for a total Professional Services Agreement of $135,000. APPROVED: l Stephen Schwabauer, City Manager RAGROUMADMIMCounci1\2023\01182023\0'Dell\CC O'Dell.doc 1/3/2023 Adopt Resolution Authorizing City Manager to Execute Amend meht No. 2 to Professional Services Agreement with O'Dell Engineering, Inc, of Modesto, for On -Call Landscape Architectural Services ($35,000) January 18, 2023 Page 2 FISCAL IMPACT: This contract impacts the General Fund but current plan check fees offset the cost. FUNDING AVAILABLE: Water Operations (56052001.72450)- $35,000 Andrew Keys Andrew Keys Deputy City Manager/Internal Services Director - - a�L� Charles E. Swim ey, Jr. Public Works Director Tosha Wiman, Compliance Manager CES/TW Attachment 1/312023 AMENDMENT NO. 2 O'DELL ENGINEERING, INC. PROFESSIONAL SERVICES AGREEMENT THIS AMENDMENT, made and entered this day of , 2023, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and O'DELL ENGINEERING, INC., a California corporation (hereinafter called "CONTRACTOR"). WITNESSETH: WHEREAS, CONTRACTOR and CITY entered into the Professional Services Agreement on May 15, 2019 and Amendment No. 1 on February 16, 2022 (collectively the "Agreement"), attached hereto as Exhibits 1 and 1A, respectively, and made a part hereof; and 2. WHEREAS, CITY requested to extend the term of the Agreement to April 30, 2024; and 3. WHEREAS, CITY requested to increase the fees under the Agreement by $35,000, for a total not to exceed amount of $135,000, as set forth in Exhibit 2, attached hereto and made part of; and 4. WHEREAS, CONTRACTOR agrees to said amendment; and NOW, THEREFORE, the parties agree to amend the not to exceed amount and the fee schedule under the Agreement as set forth above. All other terms and conditions of the Agreement remain unchanged. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 2 on the date and year first above written. CITY OF LODI, a municipal corporation O'DELL ENGINEERING, INC., a California corporation Herein above called "CITY" Hereinabove called "CONTRACTOR" M STEPHEN SCHWABAUER City Manager Attest: OLIVIA NASHED City Clerk Approved as to Form: JANICE D. MAGDICH City Attorney CY 0 CHAD KENNEDY Principal Landscape Architect Exhibit 1 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIESAND PURPOSE Section 1.1 Psrtles THIS AGREEMENT Is entered Into on !.L , 2019, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and aDELL ENGINEERING, Inc., a California corporation (hereinafter "CONTRACTOR"). Section 1.2 :Ourpose 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 on-call landscape architectural 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 KOPEOF St RVICES Section 2.1 Soad. of & lice 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 ForGamrr�encement,� t#;r� m i� F rl Worl.: CONTRACTOR shall commence work pursuant to this Agr9ament, 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 paused 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 X remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meetings CONTRACTOR shall attend meetings as may be set forth In the Scope of Services. Section Z4 3 g 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 2.6 Suhrontrjpts 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 The term of this Agreement commences on May 1, 2019 and terminates upon the Completion of the Scope of Services or on April 30, 2022, whichever occurs first. Section 2.7 Qgtioyy to fig end err gt AgMrnenj At Its option, City may extend the terms of this Agreement for an additional two (2) one (1) -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 2 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 five (S) years. ARTICLE 3 CDMPENSATION section 3.1 Cornmensathon CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit 8 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 JfAethad of Pa men 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 i this Agreement shall not exceed the amount of the Fee Proposal. { Section 3.3 Gosts 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 audijho; 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 �3 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. ARTICLE 4 MISCELLANEOUS-P-ROVISIONS Seation 4.1 Nondlscrlmini tlon 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 Ciorn6ksrice. 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 appllcable regulations and guidelines Issued pursuant to the ADA. Section 4.S 4ndeinnfficallop and F esponsibillty for Damarta CONTRACTOR to the fullest extent permitted by law, shall Indemnlfy and hold harmless CITY, its elected and appointed officials, directors, of vers, 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 omisslons 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 limltatlon reasonable attorney fees and costs. The defense and Indemnification obligations required by this Agreement are undertaken In additlon to, and shall not In any way be limited by the insurance obligations set forth herein. 4 Section 4.4 :No f+eragnal Lijbilit� Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. Section 4.5 it o C 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 Ln3ura"ge Require! men 0 Lor 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 4.6 NgIces 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 9 sent by first Gass or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Plne Street P.O. Box 3008 Lodi, CA 95241-1910 Attn: Lance Roberts To CONTRACTOR: O'Dell Engineering Services, Inc. 1166 Scenic Drive, Suite B Modesto, CA 95350 Attn: Chad Kennedy Section 4.9 Cooperatlgn 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. 5 Section 4.10 CONTRACTOR Is Not an irmnlvyee of CiTY CONTRACTOR agrees that In undertaking the duties to be performed under this Agreement, it shall act as an Independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 4.11 Termination CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an Intermediate decision Is required conceming 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 confidentiaiity 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 AoDlIcable Law Jurledlotion. Severabllit and Aft r e '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 6 fees from the party who does not prevail as determined by the San Joaquin County Superior Court. Sectlon4.14 Ci Q rsiness License Re uirement CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. Section 4.13 a tion 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 Mod flcation 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 Tarin:Preyall 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 4.16 Savarability, 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 :0", ership_ofDocumer[is All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not In that 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. 7 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 ❑ It the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. CITY OF LODI, a municipal corporation ATTEST: J FER M. RRAIQLD STEPH SCHWA ER City Clerk City Manager APPROVED AS TO FORM: JANICE D. MAGDICH, City Attorney Y� -- O'DELL ENGINEERING, INC., a California corporation By, - - Nam&-. CHAD KENN Title: Principal Landscape Architect Attachments: Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements Exhibit D— Federal Transit Funding Conditions (If applicable) Funding Source: 66062001.72460 (Business Unit 3 Account No.) Doc ID:R:%GROUP%ADMIN1Council1201810417201910'Dell%PSA.doc CA:Rev.01.2015 8 hmlt� - EXHIBIT A SCOPE OF WORK . City of Lodi On -Call Landscape Architectural Services 03/05/19 Attached Is O'Dell Englnearing's proposal for on-call landscape architectural services. 5ervlcas Include assistance to the City as requested For plan reviews and ordinance conforrrtance reviews for projects over 2,500 M., and for other consultatlon as requested. Assistance may be related to private developments, street improvements, parks and recreatlon Improvements, commerclal landscapes and other Irrigation related project submittals. As part of the consultant agreement, the following tasks may be performed upon direction from City staff: PLAN REVIEW SERVICES - O'Dell staff may be asked to provide plan review and recommendations for proposed private development projects within the City. A licensed landscape architect wilt review plans based orip roject requirements, City standards and conditions of approval. MEETING ATiENDANCS / CORRESPONDENCE - Attend meetings when requested, Inciuding any supporting exhibits. memorandums or documentation as necessary. Coordlnatlon between other dIscIpilnas or City consultants may also be 9rovlded as requested. ADDITIONAL SERVICES AS REQUESTED — Additional landscape architecture related services as requested. Compensation for this agreement will be on a time and materials basis per the rates noted below with a not to exceed limit of $100,000: REBSCNEDULE 2RUI cation,; BUg;e t c n te- Principal $210.00 Senior Landscape Architect $155.00 Landscape Architect 2 $138.00 Landscape Architect 1 $127,00 Landscape Designer 2 $113.00 Landscape Designer 1 $105.00 Administrative $84.00 Qutsfde 5ervlcas: Cost of services and expenses charged to O'AELL ENGINEERING by outside consultants, professional or technical firms engaged In connection with the project. Actual cost plus 10% ftarodtictiop Reproduction costs and services charged to OTE'LL ENGMERING by outside commercial printers engaged In connection with the project, Actual cost plus 10% Travel; Mileage, per diem, and subsistence are not normally charged to the client unless specific prior authorization is negotiated between client. M:`Flnance\33160 Lodi On -Call Landscapa Plan Review\Extra Work\PROP-2019.03.05.On-Call contract extenslon-33160,docx Not to exceed $100,000 Exhibit C NOTE., The City of Lodi Is now using Nie online Insurance program PINS Advantage. Once you have been awarded ■ contract you will recelve an snit from the City's online Insurance program requesting you to forward the *nag to your Insurance provldar(s) to submit the required insurance documentation elactroakally Grsirrarrco Ruquirumeriis for Most Contracts INot canstruction or ru(luirfnu ❑rofassianat Ilagllily) 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 Amit 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 Foran Number CA 00 01 covering any auto or If Contractor hes no owned autos, than 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 Employers Liability Insurance with limit of no lose than $1,000,000 per accident for bodily injury or disease Insurance Provisions: (a) Addltivnal 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 ariaing 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 Contractors Insurance (at least as broad as ISO Form CG 20 10 1185 or if not available, through the addition of both CG 20 10, CG 20 28, CG 20 33, or CG 20 38; Ind CG 20 37 if a later edition Is used (b) Prrn W (1_0r ql Nary-' n riburgry_ ]r}sturance, 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 Contractors 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 Subroaellon 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 LOI71 must be shown along with (a) and (b) and (c) above: 221 West Pine Street, Lodi, California, 98240; (2) The insurance certificate must state, on its face or as an endorsement, a description of the Droiecl that It is insuring (d) 5avetgodnj of interest Clause The tens "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) Nulrce .gf Cancell0191- or 'hangs it, Covera a 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 I of 2 pages 1 Risk: rev 3/1/2018 to 22aEgully,,of Coveraaa All policies shall be In affect on or before the first day of the Term of We Agreement, At least thirty (30) days prior to the expiration of each Insurance policy, Contractor shall furnish a Wdificate(s) showing that anew or extended policy has bean obtained which meets the minimum requlremenia of this Agreament. Contractor shall provide proof of continuing Insurance on at least an annual beals during the Term. It Contractor's Insurance lepsas or is dlscontlnuad for any reason, Contractor shall Immedlate Iy notify the City and immediately obtain rep lace mentinaurance. Contractoragroes and stfpuIslas the I: any Insurance Coverage provided to the City of Lodi shall provide far a claims period following lermination of Coverage which la at least con a[ate nt with the claims period or atatules of Ilmitetlano found In the California Tort Cis lm , Act (Call fornia Gave mment Cade Section 810 at aeq.). If Contractor fails a refuses to abtafn and msin ta(n the required insurance, or falls to provide proof of coverage, the City rosy obtain the Ina uranca. Cuntractor aha 11 reimburse the City forpremlume paid, with Interest an the premlum paid by the City at the meitimum allowable logs rate then In affect in CailfornIs. The Clty shall notify Contractor of such payment ofpro miuma within thlrty (3 0) days of payment stating the amount paid, the names) Of the Insurer(s), and tate of interest. Contractor shall pay such reimbursement and Interest an the first (let) 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 falls to prov]de proof of insurance, the City may terminate this Agreement upon such breach. Upon such tierminatlon, Contractor shall immediately pease use of the Sita arfacff[tiea and commence and diligently pursue the removal of any and all of Its personal property from the alta orfacilitles. (h) Ved�Cdtlon•af6avereae Cc naultant a hall furnish the City with a copy of tha policy declaration and endorsemant page(a), origIns I certificates and amendatory endorsements or co pies of the applicable policy language effecting coverage required by this olausa. A11 car0cates and endomemonto are to be received and appravad by the City before work cernmences. However, failure to obtain the required dacumen is prior to the work beginning shalt natwaive the Consultant's Obligation to provlda them. The City reserves the right to raquIre complete, certified copies of all raqulred Insure nce policies, Including endorsements required by these spec lflcatlons, at any time, failure to exerc[as this right shall not ccnstituto a waiver of tha City's right to axeraise after tha affective date. p) � Inast�d�'3atanl[ona Self Insured rate ntIans must be declared to and approved by the City. Tha City may require the Conaultanl to provldo proof of @bitlty to pay losses and related Investlgations, claim administration, and defense expenses within the retention. The palley Isnguage shell provide, or be enda road to provide, that the self -Insured retention may ba satlsfled by afther the named in au red arClty. Oy lrtsurangfrnit$. 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 (he City and its of;lcars, off[clals, employees, agents and volunteers harmless under the provision$ of this paragraph is not limited to or restricted by any requirement In do Agreement for Contractor to procure and maintain a policy of Insurance. (k) onsul� tenntshall require and verify that all subcontractors maintain Insurance meetktg all the requirements stated herein, and Consultant shall ensure that City Is an additional Insured on Insurance required from subcontractors 11) Q11011 -02d Inaurerfsl: 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 [east "A-, VI" by the AM Beet Ratings Guide, and whlrh are acceptable to the City, Non -admitted surplus lines callers may be accepted provided they are Included on the mast recent list of Callfomle eligible surplus [Inca Insurers (LESLI list) and otherwise meet City requirements. Page 3 1 of 2 pages f Risk: rev 3/112019 Exhibit 1A AMENDMENT NO. 1 O'DELL ENGINEERING, INC. PROFESSIONAL SERVICES AGREEMENT THIS AMENDMENT, made and entered this 10bay of F3rbr 2022, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY" , and O'DELL ENGINEERING, INC., a California corporation (hereinafter called "CONTRACTOR"). WITNESSETH: 1. WHEREAS, CONTRACTOR and CITY entered into the Professional Services Agreement on May 14, 2019 ( the "Agreement"), attached hereto as Exhibit 1, and made a part hereof; and 2. WHEREAS, CITY requested to extend the term of the Agreement to April 30, 2023; and 3. WHEREAS, CONTRACTOR agrees to said amendment; and NOW, THEREFORE, the parties agree to extend the term of Agreement to April 30, 2023 within the existing fee schedule. All other terms and conditions of the Agreement remain unchanged. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 1 on the date and year first above written. CITY OF LODI, a municipal corporation Attest: PAMELA FARRIS Assistant City Clerk Approved as to Form: i J AIC D. MAGDICH �ify ttorney O'DELL ENGINEERING, INC., a California corporation Hereinabove called "CONTRACTOR" By: LSA❑ KE NE Principal Landscape Architect O'Dell Engineering FEESCHEDULE July 2022 Classification: Principal Senior Civil Engineer Senior Engineer 2 Senior Engineer 1 Engineer 2 Engineer 1 Assistant Engineer 2 Assistant Engineer 1 Senior Landscape Architect 2 Senior Landscape Architect 1 Landscape Architect 2 Landscape Architect 1 Landscape Designer 3 Landscape Designer 2 Landscape Designer 1 Planner Assistant Planner Dry Utility Project Manager 2 Dry Utility Project Manager 1 Utility Engineer CADD Operator 2 CADD Operator 1 Surveyor Manager Senior Land Surveyor Senior Surveyor 2 Senior Surveyor 1 Surveyor 2 Surveyor 1 Assistant Surveyor 2 Assistant Surveyor 1 Survey Crew 2-man/l-man Survey Crew 2-man/l-man (Prevailing Wage) Administrative Outside Services & Reproduction: Cost of services and expenses charged to O'Dell Engineering by outside consultants, commercial printers, and professional or technical firms engaged in connection with the project. Exhibit 2 Regular Hourly Rate: $280 $215 $200 $185 $180 $170 $145 $130 $200 $180 $170 $160 $155 $145 $135 $175 $140 $170 $150 $135 $115 $95 $205 $195 $190 $170 $150 $140 $130 $115 $320/$180 $396/$225 $96 Actual cost plus 10% Travel: Actual cost plus 10% Mileage, per diem, and subsistence are not normally charged to the client unless specific prior authorization is negotiated between client and consultant. K:\CONTRACTS\Fee Schedules\Fee Schedule (July 2022).doc RESOLUTION NO. 2023-15 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH O'DELL ENGINEERING, INC., OF MODESTO, FOR ON-CALL LANDSCAPE ARCHITECTURAL SERVICES WHEREAS, Governor Brown's Drought Executive Order of April 1, 2015 (EO B-29-15) directed the Department of Water Resources to update the State's Model Water Efficient Landscape Ordinance forcing additional oversight and reporting requirements; and WHEREAS, due to the continued development within the City requiring landscape architectural review and consultation for the State's Model Water Efficient Landscape Ordinance compliance, staff recommends the City Council authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with O'Dell Engineering, Inc., of Modesto, for on-call landscape architectural services, in the amount of $35,000, for a total contract amount of $135,000. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with O'Dell Engineering, Inc., of Modesto, California, for on-call landscape architectural services, in the amount of $35,000, for a total contract amount of $135,000, thereby extending the term of the agreement to April 30, 2024; and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (Res. 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: January 18, 2023 I hereby certify that Resolution No. 2023-15 was passed and adopted by the City Council of the City of Lodi in a regular meeting held January 18, 2023, by the following vote: AYES: COUNCIL MEMBERS — Craig, Khan, and Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Bregman and Mayor Hothi ABSTAIN: COUNCIL MEMBERS — None OLIVIA NASHED City Clerk 2023-15