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Home My WebLink AboutAgenda Report - May 17, 2023 C-09I I Y 01= !, ZOO C'Al I F 0 R N IA COUNCIL COMMUNICATION AGENDA ITEM cqoq AGENDA TITLE: Adopt Resolution Authorizing the City Manager to Execute Amendment No. 3 to Professional Services Agreement with Interwest Consulting Group, Inc., for Contract Planning Services Increasing the Fiscal Year 2022-23 Amount by $30,000, Appropriate Funds for a Total Amount Not to Exceed of $886,000 Over the Term of the Agreement, and Request Unused Funds Roll to Future Budget Years MEETING DATE: May 17, 2023 PREPARED BY: Community Development Director RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute Amendment No. 3 to Professional Services Agreement with Interwest Consulting Group Inc., for contract planning services increasing the Fiscal Year 2022-23 amount by $30,000, appropriate funds in an amount not to exceed $886,000 over the term of the agreement, and request unused funds roll to future budget years. BACKGROUND INFORMATION: Council previously approved a Professional Services Agreement with Interwest Consulting Group, Inc. ("Interwest") on October 16, 2019 (Resolution No. 2019-203), with Extension No. 1 approved on August 9, 2021 (Resolution No. 2021-201), and Extension No. 2 approved on July 14, 2022 (Resolution No. 2022-154). Although a City Planner position was added with the 2021-22 mid -year budget, the position was not filled until December 2023, causing temporarily reliance on contract planning services. Notwithstanding the addition of a City Planner, with a population of 67,000, additional contract planning services are needed to maintain adequate customer service levels. Staff recommends City Council adopt a resolution authorizing the City Manager to execute Amendment No. 3 to Professional Services Agreement with Interwest Consulting Group of Roseville for contract planning services increasing the Fiscal Year 2022-23 amount by $30,000 and appropriate funds, in an amount not to exceed $886,000 for the life of the agreement and request unused funds roll to future budget years. FISCAL IMPACT: Appropriate $30,000 for fiscal year 2022-23 in an amount not to exceed $886,000 for the. life of the agreement. FUNDING AVAILABLE: Community Development Special Revenue Fund: 27082000.72450 ojrv&r Andrew Keys Deputy City Manager/Internal Services Director APPROVED: Stephen Schwabauer, City Manager Interwest PSA Amendment No. 3 May 17, 2023 Page 2 of 2 <1 John. Della Monica, Jr. Com I unity Development Dire for Attachments: Amendment No. 3 to Intenwest Professional Services Agreement CONTRACT AMENDMENT No. 3 Interwest Consulting Group THIS CONTRACT AMENDMENT No. 3 is made and effective this day of May, 2023, by and between the CITY OF LODI, a municipal corporation, hereinafter called "CITY", and Interwest Consulting Group, a Colorado Corporation qualified to do business in California hereinafter called "Contractor." WITNESSETH: CONTRACT: Contractor and City, entered into an Agreement for Professional Services on October 16, 2019, Contract Extension No. 1 on August 9, 2021, and Contract Extension No. 2 on July 14, 2022 (collectively the "Agreement"), attached hereto as Exhibit A and made a part hereof as though fully set forth herein. Contractor and City now desire to increase the fee proposal by $30,000, for the identified Scope of Services, as outlined in Attachment A, for a total amount not to exceed $886,000 over the term of the Agreement. 2. TERMS AND CONDITIONS: All other terms and conditions of the Agreement will remain unchanged. Counterparts and Electronic Signatures. This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in "portable document format" (".pdf") or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature. CITY OF LODI, a municipal corporation CONTRACTOR called "Contractor" STEPHEN SCHWABAUER City Manager Attest: OLIVIA NASHED City Clerk Approved as to Form: JANICE D. MAGDICH City Attorney INTERWEST CONSULTING GROUP, INC., a Colorado Corporation By: PAUL MESCHINO Title: Vice President of Operations \\cvcfilv02\Departments$\Community Development\Contracts\Planning Services\lnterwest - Contract Planning\Amendment No. Unterwest Consulting Group_Amend No. 1.doc EXHIBIT A AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on October 1, 2019, by and between the CITY OF LODI, a municipal corporation thereinafter "CITY"), and INTERWEST CONSULTING GROUP, INC., a Colorado Corporation qualified to do business in California (hereinafter "CONTRACTOR"). Section 1.2 Purpose CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference. CITY wishes to enter into an agreement with CONTRACTOR for Contract Planning Services (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A, CONTRACTOR acknowledges that it is qualified to provide such services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A. Section 2.2 Time For 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 2.5, 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 I counted against CONTRACTOR's contract performance period. Also, any delays due to weather, vandalism, acts of God, etc.., shall not be counted CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meetings CONTRACTOR shall attend meetings as rray he set forth in the Scope of Services. Section 2.4 Staffina CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identifiers 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 Ay 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 approvais of whatsoever nature are legally required for CONTRACTOR to practice its profession, and Mal 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 rola 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 th,s Agreement commences on October 2, 2019 and terminates upon the completion of the Scope of Services or on June 30, 2021, whichever occurs first ARTICLE 3 COMPENSATION Section 3.1 Compensation CONTRACTOR's compensation for all work under lh�s Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated Oy this reference. CONTRACTOR shall not undertake any work taeyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY Section 3.2 Method of Pa rneni 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 Linder this Agreement shall not exceed the amount of the Fee Proposal. Section 3.3 Costs The Fee Proposal shall include all reimbursal]le 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 penodically audit all charges made by CONTRACTOR W 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 relegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business nouns for the purpose of interviewing employees and Inspecting and copying such books, records. accounts, and other material that may be elevant 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. M 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 an the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.3 ADA Compliance In performing services under this Agreement, CONTRACTOR shall cumply with the Americans with Disadiffties Act (ADA) of 1990, and al} amendments thereto. as +well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 lnd�-,rnnificahon and Responsibility for Rama r! CONTRACTOR to the fullest extent permitted by taw. shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers employees and volunteers from and against any ctaims, damages, losses. and expenses (including reasonable attamey's fees and costs), arising out of performance of the services to be performed under this Agreement. provided that any such claim, damage, lass. 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 sale 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. CCNTRACTOR shall pay all of the costs related thereto, including without [irritation 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 respansible for any liability arising under this Agreement. 4 Section 4.5 Responsibilttu of CITY CITY shall not be held responsible for the care or protection of any material or Parts of Oe work described in the 5cc a 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 ASsiRns CITY and CONTRACTOR each bind themselves, their partners. successors. assigns, and legal representatives to this Agreement without the written consent of the others. CCNTP.AC.TOR shall not assign or transfer any interest in this Agreement without the prlor written consent of UT'V Consent to any such transfer shall be at the sole discretion of CITY. Section 4.3 Notices Any notice required to be given dy 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.0. Box 3006 Lodi, CA 95241-1910 Attn.- Kari Chadwick i o OONTRACTtOR: Interwest Consulting Group 1513 Santa Clara Drive, Ste 100 Roseville. CA 95551 Attn: Paul Junker Section 4.9 C.00eeration of CIT'( 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 Empfo�ee of CITY CONTRACTOR agrees that in undertaking the dirties 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 worst and means for accomplishment rat 11 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 X10] 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 termtnation, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit R 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 wart 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 A2plicable t_aw, Jurisdiction Severability, and Attorney's Fees This Agreement shall be governed by the laws of the State of California Jurisdiction at litigation ansing from this Agreement shall be venued with the San Joaquin County Superior Court, if any part of this Agreement is found to conflict with applicat3ie 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 orevailing party in any litigation of the dispute shall be entitled to reasonable attorney's Fees from the parity who does not prevail as determined by the San Joaquin County Superior Court. I? Section 4.14 City Business License Requirement CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city tausiness license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. Section 4,15 Caption 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 lntpgration 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 farce or effect with respect to those matters covered hereunder This Agreement may not be modified or altered except in writing signed by bath 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 4.13 Ownership of Documents All docurnents. photographs, reports, analyses. audits, computer media, or other material documents or data, and working papers, whether or not in final farm, 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 shad be delivered by CONTRACTOR to CITY within ten (10) calendar days CITY agrees to indemnify, defend and hold CONTRAC70R harmless from any liability resulting from CITY's use of such documents for any purpose other thar 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 4.71 Federal Transit Funding Conditions !f 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 contro+. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. CITY OF LODI, a municipal corporation ATTEST JF NIFER M R AIOLO STEPHEN SC A AU R Cl Jerk City Manager APPROVED AS TO FORM INTERWEST CONSULTING GROUP, INC., a JANICE D. MAGDICH, City Attorney Colorado Corporation 4 By: Name. MICHA SHIWAGI Title: Chief Op r mg Officer Attachments: Exhibit A - Scope of Services Exhibit B - Fee Proposal Exhiblt C - Insurance Requirements Exhibit C - Federal Transit Funding Conditions (if applicable) Funding Source: 27082000.72450 (Business Unit & Account No.) Doc ID C A: Rev.01.24 t 5 8 T NTERWEST ONSULTING GROUP EXHIBIT A SCOPE OF WORK Interwest Consulting Group will provide professional planning services to the City of Lodi Community Development Department (CITY) as requested by the City. Services may include, but not be limited to: ■ General support of the planning Functions of the City; • Assistance to members of the community on planning matters; • Processing of planning applications; ■ Coordination with City divisions and departments: ■ Compliance with state planning mandates; • Review or oversight of projects for compliance with the California Environmental Quality Act and other environmental regulatory requirements; • Attendance at Planning Commission and City Council meetings as determined appropriate by the City Manager; and, • OtherduCes as assigned by the City Manager or his/her designee. Interwest Consulting. Group staff shall provide such services at the City of Lodi offices unless otherwise agreed to and approved by the City. The City shall determine the appropriate level of staff experience that hest serves the needs of the Department and the Community. Interwest Consulting Group shall make all efforts to provide individuals consistent with the level of expertise requested by the City. 1013 5'�% i Dtw s.- Si lir 100 ■ ■ i f•.I . Q(6 8! WV • %v%vw n[crwvs��;r�.c;mi fCNTERWEST ONSULTlNr- GROUP EXHIBIT S FEE PROPOSAL Interwest Consulting Group shall provide professional planning services to the City of Lodi. The hourly rates noted below shall be charged for actual time spent providing services to the City. Total compensation to Inter -west Consulting Group under this agreement shall not exceed $210,000 per fiscal year unless expressly approved by the City of Lodi. Position dourly Rate Principal Planner: $130 Senior Planner: $120 Associate Planner: $105 Assistant Planner: $85 Planning Technician: $70 Ifs13 Sn +rn C'i.,ue,� C1ut�r, 5+ rr[ ItK� ■ Ros -m: r r:.( -.A 99666 ■ rrr . 41fi.T81.fibiri3 ■ www.ir��rri�esry;r�- urn 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 Insuranc_Q Requirements f r Professional Service 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 fes uIIs of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE= ANO LIMIT OF INSURANCE Coverage shall be at feast as broad as. 1 Commercial General Liability (CGL Q. Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, Including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this projectilocation (ISO CG 25 03 or 25 04) or the gemral a re ate limit shall pq twice the re r+reQ occuirupga lima . 2. Warners' Compensatlon: as required by the State of California, with Statutory Limits, and Employers Liability Insurance with limit of n less than 81,000,000 per accident for bodily injury or disease 3. Profess tonal Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession. with Limits not less than $11,000,000 per occurrence or claim. Other Insurance Provisions: (a) Additional Named Insur d Status The City of Lodi, its elected and appointed Hoards, 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 n 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 beth CG 20 ill, CG 20 26, CG 20 33, or CG 20 38; andl CO 20 37 if a later edition is used (b) Primariand Nan-Confnbutory 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 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 hat contribute with it. (c) Waver of Subraail tion 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 lass under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect I h i s waiver of subrogation, but this provision applies regardless of whether or not the City of Lodi has received a waiver of subrogation endorsement from the insurer NOTE. (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (C) above. 221 West Pine Street, Lodi, California, 95240, (2) The insurance certificate must state, on its face or as an endorsement, a description of the project that it is insuring (d) Severability of Interest Claus 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) Noui;e at Canceilation or Change n Coveraae Endaisement 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 cave raga to the Risk Manager, City of Lodi, 221 West Pine St.. Lod I. CA 95240 (f) Continuity of Coveraue A 11 policies aba&ba- io. affect on or. bafore, the first day of the Term of thm Agreement. Al leasl thirty (301 days pr= to the axpiratio n Page 1 I of 2 pages Risk rev 3/1)2015 of each Insurance policy. Contractor shall furnish a certifficate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of thls Agreement, Contractor Shall provide proof of continuing insurance an at least an annual basis dunng the Term if Cantractors insurance lapses oris discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement nauran ce. Contractor agrees and stipulates that any insuria rca coverage provided to the City nft-odi 5hail provide fora ciaims period fallowing termination of ccverage which is at least consistent with the claims aeribd or statules of limitations found in the Caiifomia Tort Ctaims Act (California Government Code Section a tp et seq. ). (g) FO'Iii a to Calripoy if Contractor fails a refuses to obtain and maintain the required insurance, a faiis to provide proof of coverage. the Coy msy obtain the insurance. Contractor shall reimburse the City for premiums paid, whit interest on the premium paid by the City at the maximum allowable legal fate then m effect tri California, the City shall notify Contractor of such payment of pfemiums within thirty (30) days of payment stating the amount paid, the nam etsI of the Insurer(s), and rate of interest. Contractor shad pay such re imbursemenI and interest an the first ( ist) day of the month following the City's notice. N a twithstan ding any other provision of this Agreament, 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 terminoto this Agreement open such breach Upon Such termination. Contractor shall immediately cease use of the Site or facilities and commend and dil(gent ly pursue the remavai of any and at{ of its personal property from the site or facilities 0) Verification of Coverage Consultant shalt furnish the City with a copy of the policy deciarativn ano endorsement pagetsl, angtnaf certificates and amendatory end amemsnts or Copies df 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 Consultants obffgation td provide them The City reserves the right to require complete. cerliflad ca pies of all required insurance policies, including andarsemanIs regdired by these specifications, at any time Failure to exareise this right shall! not Constitute a waiver of the City's right to exercise after the effective date. (i) Salf-tnsured Retentions Self-insurea retentions must be declared to and approved oy the City The City may require the Consultant to provide proof of ability to pay fosses and n:lated investigations, claim administration, and defense expenses within the retention. The policy language shall provide. a be andorsed to provide. that the self-insured retention may he satisfied by either the named insured or City iij Insurance Lim+s The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents, representatives or subcontractors Contractors obligation to defend, indemnify and hold the City and its officers, officials, employees, agents and volunteers hermtoss under the provisIans of this paragraph is not limited to or restricted by any requirement in the Agreement for Contractor to oracure and maintain a policy of insurance (k) Subcan tactors Consultant shall require and verify that all suboo itlractors maintain insurance meeting all the requirements stated herein and Consultant shall ensure that City is an additional insured on insurance required from subcontractors (1) Claims Made Polkq* }f. any of the requ+red policies provide coverage on a claims -made basis. I The Retroactive Date must be shown and must be before the date of the contract or the beginning of Contract work. 2 Insurance must be maintained and eyidenca of insurance must be prOVlded for at least five (5) years aRer completion a the contract of work 3 It coverage is canceled a non -renewed, and nat replaced with anolher claims -made policy form with a Ratroaciive Cate pnor to the contract effective date, hie Consultant must purchase 'extended reporting" coverage fora minimum of five (5) yeers after completion of contract work (m) Qualified Insurer st All insurance required by the terms of this Agreement must be provided by inaumrs licensed to do business in the State of California whsch are rated at least 'A-, Vl" Dy the AM Best Ratings Guide, and which are acceptabte to the City loon -admitted surplus lines carriers may be accepted provided they are included on the most recent tis! of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. Gage 2 ! of 2 gages �— - --- - — - -- — Risk. -9v. 311iMle CONTRACT EXTENSION No. 1 Interwest Consulting Group 1� THIS CONTRACT EXTENSION No. 1 is made and effective this" day of-io�y, 2021, by and between the CITY OF LODI, a m=unicipal corporation, hereinafter tailed "CITY", and Interwest Consulting Group, a Colorado Corporation qualified to do business in California hereinafter called "Contractor." WITNESSETH: 1. CONTRACT: Contractor and City, entered into an Agreement for Professional Services on October 2, 2019 (Collectively the "Agreement"), attached hereto as Exhibit A and made a part hereof as though fully set forth herein - Contractor and City now desire to expand the scope of services to include the Sphere of Influence Update administration in an amount not to exceed $250,000. 2. EXTENTiON TERM Contractor and City now desire to extend the term of the Agreement through and including June 30, 2022 pursuant to the terms set forth as follows: Contractor and City agree, that at its option, City may extend the term of the Agreement for an additional one (1) year extension; provided City gives Contractor no less than thirty (30) days written notice of its intent prior to the expiration of the then existing term. All other terms and conditions of the Agreement will remain unchanged. �4unterp_a.rts _end _Electroni�._Ign;urea. 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 he an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included In this Agreement are Intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in "portable document format" ('.pdf') or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature. CITY OF LODI, a municipal corporation CONTRACTOR !r. 012% WN I Attest: -4im�,w2i y2auc, o .JENNIFER CUSMtR City Clerk Approved as to Form: JAN lIQE O. M RICH City A�orney �Rl d Alsf(hlllo Paul +nescI : _,!,s ?o 2n.,± to 'r PDV INTERWEST CONSULTING GROUP, INC., a California Corporation 8y: PAUL MESCHINO Title Vice President of Operations %%CVCFIL VOM"an memsMonwnunty Cnniract Plnnni ngWxten si on 41 W-01-21 Inlerwav._PlannirKConlraclExlenslor[l _07012 T-0=22 doe April 29, 2021 John della Monica, Director Community Development Department 221 West Line Street Lodi, CA 95240 Dear Mr. Della Monica: ►NrERWEST Please accept this Scope of Services far the Interwest Consulting Group (Interwest) Planning Services Group to assist the City of Lodi. We have enjoyed assisting the City with planning services and look forward to our continued relationship with the City of Lad. The attached scope of services addresses planning services for Fiscal Year 2021-22 and generally represents a continuation of past services with adjustments based on the City's anticipated needs. Our staff will be directed from our Roseville office, which provides professional staff performing functions in all our disciplines. Paul Junker, our Planning Services Group Leader, will be yourdirect point of contact. Paul will be supported by Eric [orris, Principal Planner, on complex entitlement applications and advance planning assignment. We will also rely on other team members with levels of experience and skills appropriate for tasks assigned by the City. We appreciate this opportunity to continue our planning services with the City of Lodi. Respectfully Su bmitted, Chief Financial Officer Interwest Consulting Group Planning Services Group Leader Interwest Consulting Group Scope of Services Under this scope of services I nterwest Consulting Group (Interwest) will continue planning services with the City of Lodi for Fiscal Year 2021-22 (July 1, 2021 through June 30, 2022). Services will be provided at the direction of the Community Development Director and will adjust based on the City's needs and direction throughout the term of services. Major efforts that are anticipated for the coming Fiscal Year are described below. Services under Departmental Support include both Public Assistance and General Support to the Department. The majority of these duties wRI be completed by an Assistant Planner level staff member, with duties to include public assistance, administrative support to the Department and processing of administrative permits and lower -level discretionary entitlements, Departmental Support will also include weekly coordination with the Director and duties as assigned by the Director to support Department functions_ Services under Entitlement Reviews will generally include more complex entitlements. Due to their more complex nature, these projects are often required to pay actual cost for services provided. An example of this work is the Lake House project that is currently under review. Advance Planning focuses primarily on updates to City policy and regulatory documents that the City either chooses to undertake or are required by State mandate. Past examples of such assignments include General Plan and Zoning Code amendments associated with SIB 5 (200 -year flood protection), updating the City's Safety Element, and resolving inconsistencies with past project approvals (primarily approved Planned Development projects). The City is in the process of updating its Municipal Services Review (MSR) and Sphere of Influence (SOI). Interwest will complete the majority of technical assignments associated with these efforts, supported by environmental review to be prepared by PlaceWorks under separate contract. Upon completion of the MSR/SOI updates, or concurrently with those updates, Interwest staff will assist the City with processing annexation applications, Cost The rates listed below would apply to at[ of the project types described above. Hourly rates are typically reviewed yearly on July 1 and may be subject to revision unless under specific contract obligations. Our rates will be firm for the term of this scope of services. In addition, there is no charge for shipping, supply, or material costs. classification Hourly Billing Rate PrincipalPlanner.................................................................................................................................... $160 SeniorPlanner.,..........................,........,..........................,,......,..........................,......................................145 AssociatePlanner..................................................................................................................................... 120 AssistantPlanner.. ................................................................... ...... .......................... ..... . ...................... SD PlanningTechnician .... ...................... ......... ........................................................ ........................................ 70 Administrative Assistant.......................................................................................................................60 .... Based upon a review of services provided in FY 2020-21, in conjunction with input from the City on anticipated needs, Interwest have prepared the following cost estimate for FY 2021-22 planning service. While presented by service categories, Interwest proposes a totst not to exceed budget for FY 2021-22 of $220,000, with assignment of tasks to be determined by the Community Development Director. Public Assistance $42,000 General Support $60,000 Entitlement Reviews $40,040 Advance Planning $28,000 SOI/Annexation $50,000 FY 2021/22 Funding $220,000 Not to Exceed $250,000 CONTRACT EXTENSION No 2 Interwest Consulting Group p104 `'' ,Wy THIS CONTRACT EXTENSION No. 2 is made and effective this � day of �4t1i't�,� 2022, by and between the CITY OF LODI, a municipal corporation, hereinafter called `CITY". and Interwest Consulting Group. a Colorado Corporation qualified to do business in California hereinafter called 'Contractor." WITNESSETH: 1. CONTRACT: Contractor and City. entered into an Agreement for Professional Services on October 16. 2019, and Extension No 1 on August 9. 2021 (collectively the "Agreement"). attached hereto as Exhibit A and made a part hereof as though fully set forth herein- Contractor and City now desire to increase the 2021-22 contract amount by adding $21,000 and extend the planning services through fiscal year 2022-23 in an amount not to exceed $186,000, as outlined in Attachment A. for a total amount not to exceed of $856.000 over the term of the Agreement. 2, EXTENSION TERM: Contractor and City now desire to extend the term of the Agreement through and including June 30, 2023- 3- All other terms and conditions of the Agreement, except as set forth above. will remain unchanged. Counte aarts__and _Electronic._5ignatures. This Agreement and other documents to be delivered pursuant to this Agreement may be executes! in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same Force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in "portable document format" (".0M or similar Format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document hearing an original signature. CITY OF LODI, a municipal corporation CONTRACTOR LON 0-1k 7M A Attest OLIVIA NASHED City Clerk Approved as to Form. J D MAGDICH I y Attorney INTERWEST CONSULTING GROUP. INC.. a California Corporation 6y. PAUL MESCHINO Title Vice President of Operations ttcvdil�0210epanmenls$LCnmm��nity ❑evelapmentiConlract5lPlanning Ser•nces�tnrenvest Contras! #2107 01-22_Intarwest_PtanntngeoniraclE.tenston2_070122.063023 doc ATTACHMENT A May 12, 2022 John R, Della Monica, Jr. Community Development Director City of Lodi 221 W. Pine Street Lodi, CA 95240 RE: 2021-22 Interwest Agreement Budget Adjustment & 2022-23 Budget Proposal Dear Mr. Della Monica: This letter and funding request relates to planning services provided by Interwest Consulting Group (Interwest) to the City of Lodi for Fiscal Year (FY) 2021-22. On August 9, 2021 the City approved Extension #1 to Interwest's Profession Services Agreement providing $250,000 for FY 2021122 planning services. We have completed an analysis of the work efforts and budget expended through March 2022. As of March 30, 2022, Interwest's total work efforts were $194,612.50, leaving a remaining budget of $55,387,50 for the FY. Based upon meeting the obligations assigned to Interwest, we estimate additional funding in the amount of $20,013 is required to provide planning services through June 30, 2022 as described below. Costs for services for the remainder of the FY are projected as follows: Completion of MSR: $ 7,000 Assistant Planner(s) (5 days per week); $38.400 Principal Planner(s) (14 hours per week total): $30,000 Total $74,500 Remaining Approved Fundin $55,387 Not to exceed $21,000 Unfunded Amount: $20,013 Below are the additional items that caused for the staff time average; • Digital sign regulations prepared as a result of the proposed auto dealer digital sign on Highway 99. • Preparation of SB9 municipal code amendments to respond to that new law related to division of existing single-family parcels and the development of multiple units on single parcels. • Revisions to industrial sign regulations to address issues in the existing Zoning Code that preclude signage for individual users. ■ Higher than anticipated development application load — we saw an uptick in entitlement application this FY. • Revisiting Growth Management regulations. ■ Small scale wireless regulations. We very much appreciate the opportunity to assist the City of Lodi with planning services and respectfully request that you seek additional funding for our services through the end of FY 2021-22. Please let me know if you would like to modify the services proposed for the remainder of the FY. Proposed Services for FY 2022-23 Per your request, Interwest will provide additional staff support in the form of a part-time Assistant Planner for day-to-day customer service and Senior Planner support for more complex planning efforts as outlined below: SOI/MSR 2022-23 $10,000 Vineyard Valley 2022-23 $50,000 Lake House 2022-23 $15,000 Maverik 2022-23 $15,000 Senior Staff Support $14,000 Senior Staff Subtotal $100,000 Assistant Planner $60,000 Senior Support $10,000 Dev.ISpecial Projects: $90,000 Not to exceed $165,666 FY 2022-23 $160,000 Interwest appreciates the opportunity to serve the City of Lodi and we look forward to providing services to assist the City with meeting its obligations and achieving its goals. Sincerely, Paul Meschino Vice President of Operations Not to exceed a total of $186,000 for this request Total life of contract not to exceed $856,000 RESOLUTION NO. 2023-92 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH INTERWEST CONSULTING GROUP, INC., A COLORADO CORPORATION, FOR CONTRACT PLANNING SERVICES; APPROPRIATING FUNDS; AND FURTHER ROLLING UNUSED FUNDS TO FUTURE BUDGET YEARS WHEREAS, the City entered into a Professional Services Agreement with Interwest Consulting Group, Inc. ("Interwest") on October 16, 2019 (Resolution No. 2019-203), with Extension No. 1 approved on August 9, 2021 (Resolution No. 2021-201), and Extension No. 2 approved on July 14, 2022 (Resolution No. 2022-154); and WHEREAS, Extension No. 2 amended and extended the Professional Services Agreement through June 30, 2023, for an amount not to exceed $856,000; and WHEREAS, with a population of 67,000 and one permanent Planner, additional contract planning services are needed to provide adequate customer service levels, requiring an increase in the not -to -exceed amount for Fiscal Year 2022-23 of $30,000; and WHEREAS, staff recommends that the City Council authorize the City Manager to execute Amendment No. 3 with Interwest Consulting Group, Inc., a Colorado Corporation, for planning services, increasing the Fiscal Year 2022-23 amount by $30,000, for a total amount not to exceed $886,000, and appropriate funds from 27082000.72450. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 3 to the Professional Services Agreement with Interwest Consulting Group, Inc., a Colorado Corporation, for planning services, thereby increasing the Fiscal Year 2022-23 amount by $30,000, for a total amount not to exceed $886,000, over the term of the agreement; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby appropriate funds in the amount of $30,000 from 27082000.72450 and roll unused funds to future budget years; 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: May 17, 2023 ------------------------------------------------------------------------ ------------------------------------------------------------------------ I hereby certify that Resolution No. 2023-92 was passed and adopted by the City Council of the City of Lodi in a regular meeting held May 17, 2023, by the following vote: AYES: COUNCIL MEMBERS — Bregman, Craig, Nakanishi, Yepez, and Mayor Hothi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN COUNCIL MEMBERS — None �rn PAMELA M. FARRIS Assistant City Clerk 2023-92