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Home My WebLink AboutAgenda Report - April 19, 2023 C-07CITY OF Ir zoo C A L I F O R N I A COUNCIL COMMUNICATION AGENDA ITEM • 7 AGENDA TITLE: Adopt Resolution Authorizing the City Manager to Execute Amendment No. 2 to the Professional Services Agreement with NJ Associates, Inc., of Lodi, and Extending Term to December 31, 2024, for the Access Center, Training Center, and Entire Site Design Development, Civil Engineering, Construction Documents, Bid Documents, and Construction Administration in an Amount Not to Exceed $225,185 MEETING DATE: April 19, 2023 PREPARED BY: Community Development Director RECOMMENDED ACTION: Adopt resolution authorizing the City Manager to execute Amendment No. 2 to the Professional Services Agreement with NJ Associates, Inc., of Lodi, and extending Term to December 31, 2024 for the Access Center, Training Center, and entire site design development, civil engineering construction documents, bid documents, and construction administration in an amount not to exceed $225,185. BACKGROUND INFORMATION: On October 6, 2021, City Council approved the location of the Lodi Access Center and Emergency Shelter (Access Center). To complete the project, architectural design services are needed. On December 01, 2021, City Council authorized the City Manager to enter into a professional services agreement of NJ Associates, Inc. (NJA) for related architectural design services. On October 19, 2022, City Council authorized the execution of Amendment No. 1 for the development of the Access Center construction/bid documents, and construction administration. On December 13, 2022, the San Joaquin Board of Supervisors awarded the City an additional $8.2 million to complete all phases of the project. Staff now wishes to amend the NJA agreement to include all phases of the Access Center project. The additional phases will include the Training Center and all site landscaping design and construction. As NJA has been working with CDD on the Access Center project since its inception, they are uniquely qualified to provide the necessary services and work product that meets our needs within the timelines provided. Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute Amendment No. 2 to the Professional Services Agreement with NJ Associates, Inc., of Lodi, and extend Term to December 31, 2024, for Access Center, Training Center, and entire site design development, civil engineering construction documents, bid documents, and construction administration in an amount not to exceed $225,185. Total contract not to exceed amount will be $980,000. APPROVED: sty uer(Apr 10, 202310:44 PDT Stephen Schwabauer, City Manager Adopt Resolution for NJA PSA Amendment No.2 April 19, 2023 Page 2 of 2 FISCAL IMPACT: It is anticipated costs for this project will be funded from the San Joaquin County Capital Outlay funds designated to the Access Center. There is no impact to the City's General Fund. FUNDING AVAILABLE: ARPA-22001. Contracts. County ($225,185) Andrew Keys Andrew Keys Deputy City Manager/[ internal Services Director John . Della Monica, Jr. Com unity Development Director Attachments: Amendment No. 2 to NJ Associates, Inc. Professional Services Agreement Signature: QM,d� xvgbi Email: akeys@lodi.gov CONTRACT AMENDMENT No. 2 NJ Associates, Inc. THIS CONTRACT AMENDMENT No. 2 is made and effective this day of April, 2023, by and between the CITY OF LODI, a municipal corporation, hereinafter called "CITY", and NJ Associates, Inc., a California Corporation, hereinafter called "Contractor." WITNESSETH: CONTRACT: Contractor and City, entered into an Agreement for Professional Services on December 23, 2021 and Amendment No. 1 on November 11, 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 expand the scope of services to include all phases of work for the project as outlined in Attachment A in an amount not to exceed $225,185, for a total amount not to exceed of $980,000 over the term of the Agreement. 2. EXTENSION TERM: Contractor and City enacted the Option to Extend Term of Agreement and extend the Term limit to December 31, 2023. Contractor and City now desire to extend the Term limit to December 31, 2024 to allow adequate time to complete the buildout of the project. 3. TERMS AND CONDITIONS: All other terms and conditions of the Agreement except as set forth above, will remain unchanged. Counterparts and Electronic Signatures. This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in "portable document format" (".pdf") or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature. CITY OF LODI, a municipal corporation CONTRACTOR STEPHEN SCHWABAUER City Manager Attest: OLIVIA NASHED City Clerk Approved as to Form: JANICE D. MAGDICH City Attorney NJ ASSOCIATES, INC., a California Corporation By: JOHN A. VIERRA Title: Owner/Architect \\cvcfilv02\Departments$\Community Development\Contracts\Design Architectural Services\NJ Associates, Inc\NJA Amendment 2\030623 NJA PSA Amendment2.doc N J NJA A / ARCHITECTURE REGARDING Additional Service #1 DATE February 28, 2023 CLIENT City of Lodi 221 W Pine Street Lodi CA 95240 PROJECT Lodi Access Center Construction Documents SERVICE NJ Associates, Inc. DBA (NJA Architecture & NJA) PROVIDER Licensed Architect John Vierra (License No. C35199) Licensed Architect Nick Seward (License No. C38947) Amendment to original Service Agreement, made and entered into on September 19th, 2022 by and between the client listed above and NJA Architecture. NJA shall provide additional services based on the project scope listed below. 1.1 PROJECT SCOPE Expanded phases 1. Phase 1.3 & 1.4: Inner Courtyard & South Lawn Area Private Residence outdoor seating, herb garden, and bicycle parking (shown as 1, in exhibit C) Outdoor dog enclosure (shown as 2, in exhibit C) Outdoorgreen space (shown as 3, in exhibit C) Stormwater quality requirements Site lighting & power requirements 2. Phase 2: 3,000 SF Education Center (warm shell) Prefab metal building (4) education classrooms (2) single use restrooms New electrical service Mechanical units Additional Services 4. Convert Warming Kitchen to Commercial Kitchen Full service kitchen with walk-in cold and freezer storage, pantry storage, full cook line, prep area, and dish washing area New grease interceptor 5. Outside security consultant for entire 22,500 Access Center & site exterior The security design scope will focus on controlling access to the building entries and video monitoring of the facility. The systems will include video surveillance, video intercom, access control, and intrusion monitoring. Access control system IP -based video surveillance system (closed-circuit television) Intrusion detection system Entry video intercom system Emergency exit door monitoring 6. Off-site improvement drawings Civil frontage improvement drawings - showing new sidewalk improvements. Objective is to keep the existing curb/gutter, but may need replacement if required by public works. Scope includes full sidewalk replacement. Prior scope was patch & replace at driveway locations. 2.1 COST BREAKDOWN CIVIL ENGINEERING $37,600 $22,100 LANDSCAPE $12,600 $36,835 ARCHITECTURE DESIGN DEVELOPMENT FEE $80,000 $20,000 CONSTRUCTION DOCUMENTS FEE $110,000 $30,000 BID DOCS & BID NEGOTIATION $26,000 $5,000 STRUCTURAL ENGINEERING $38,000 $20,000 MECHANICAL/PLUMBING ENGINEERING $58,000 $12,500 ELECTRICAL ENGINEERING $26,500 $18,500 FF&E DRAWINGS/SPEC/KITCHEN CONSULTANT $14,000 $4,000 INTERIORS $15,250 NO CHANGE COST ESTIMATING CONSULTANT $17,000 $7,500 REIMBURSEMENT EXPENSES $3,000 $250 SECURITY N/A $33,500 CONSTRUCTION ADMINISTRATION T&M $189,500 $15,000 TOTAL FOR ABOVE SERVICES $627,450 $225,185 3 r -- 0 EXHIBIT C 4 �. Na i i P.OPOSU 3 SNEOG 1 KE 7 RESIN[ FNCE — FUME IRT — BUILDING umw F3I - nccssscenreR COU-41D — s� _ Noz Is•arE zeE ss I 4 CONTRACT AMENDMENT No NJ Associates, Inc. THIS CONTRACT AMENDMENT No. 1 is made and effective this 11' -'—day of November, 2022, by and between the CITY OF LODI, a municipal corporation, hereinafter called "CITY", and NJ Associates, Inc., a California Corporation, hereinafter called "Contractor." WITNESSETH: 1. CONTRACT: Contractor and City, entered into a Construction Services Agreement for Professional Services on December 23, 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 expand the scope of services to include additional work as outlined in Attachment A in an amount not to exceed $630,000, for a total amount not to exceed of $755,000 over the term of the Agreement. 2. EXTENSION TERM: Contractor and City now desire to enact the Option to Extend Term of Agreement and extend the Term limit to December 31, 2023. 3. TERMS AND CONDITIONS: All other terms and conditions of the Agreement except as set forth above, will remain unchanged. Counterparts and. Electronic Signatures.. This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in "portable document format" (".pdf') or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature. CITY OF LODI, a municipal corporation CONTRACTOR l 1 r— Attest: OLIVIA NASHED City Clerk Approved as to Form: tAN CE D. AGDICH ty. ' <ey John V rra (Oct 31, 2022 15:57 PDT) NJ ASSOCIATES, INC. a California Corporation By: JOHN A. VIERRA Title: Owner/Architect \\cvcfilv02\Departments$\Community Development\Contracls\Design Architectural ServicesWJ Associates. Inc\NJA Amendment 1\101922 N.IA PSA Amendmentt doe ACCESS CENTER CD SERVICES AGREEMENT N J A / 01 ARCH ITECTU RAL SERVICES DATE September 19th, 2022 CLIENT John Della Monica City of Lodi 221 W Pine Street Lodi CA 95240 PROJECT Lodi Access Center LOCATION 710 N Sacramento Street Lodi CA 95240 SERVICE NJ Associates, Inc. DBA (NJA & NJA Architecture) PROVIDER Licensed Architect John Vierra (License No. C35199) Licensed Architect Nick Seward (License No. C38947) 1.1 PROJECT SCOPE Proposed Shelter & Access Center- Approximately 20,926 SF (Existing Building) Congregate Housing -with support restrooms and medical sleeping area Dining & Common Room Tote Storage & Service Area (including Laundry) Warming Kitchen Resource Center Admin & Access Center Public Lobby Security Check -In & (2) Restrooms Covered locker & charging area Covered Outdoor Dining Area Secured Courtyard - 5,000 SF Secured On-site Parking Future Training Facility Pad (future phase, not part of this scope) 1.2 DESIGN DEVELOPMENT Client meeting(s) to review and discuss design Refine site plan showing public path of travel and total parking requirements Develop floor plan in accordance with the necessary code requirements Develop exterior elevations -2- 01 ARCH ITECTU RAL SERVICES Coordination with the following design consultants - civil, landscape, structural, mechanical, plumbing and electrical (2) revisions are factored into this phase Cost Estimate breakdown 1.3 CONSTRUCTION DOCUMENTS Client Meeting(s) to review Construction Documents Cover sheet with project information, building code analysis, vicinity Map & general notes Civil Engineering On -Site Phase 1. Construction Notes & Details referring to City of Lodi standards 2. Topographic Survey & Demolition Plan 3. Striping, Signage, & Horizontal Control Plan 4. Grading (complete site), drainage, pavement and concrete curb design 5. Sanitary Sewer Conveyance 6. Domestic Water/ Fire Water 7. Stormwater Conveyance 8. Erosion Control Plan Prepare specifications, details, and cost estimates for all of the above. Identify stormwater quality BMP's and coordinate details with project team Meet with design team as needed in Lodi or via Internet/conference calls Process plans through City of Lodi for approval One site visit to meet with city staff to discuss any outstanding issues, concerns, etc. for plan approval Storm Water Pollution Prevention Plan (SWPPP) Prepare SWPPP to meet NPDES General Permit No. 2009-0009-DWQ. Prepare Permit Registration Documents (PRD's) Assist LRP in uploading PRD's to SMARTS website Assist LRP in electronic submittal of Annual Report Assist LRP in preparing Notice of Termination (NOT) Post -Construction Storm Water Plan Prepare Post -Construction SWP to City Standards Process through city for approval Project Approval Coordination Address plan check comments beyond 3rd Submittal Prepare Estimate for Bonding Purposes Facilitate plan submittals for permitting purposes -3- O1 ARCH ITECTU RAL SERVICES Landscape Plans Architectural Plans Site plan showing public path of travel and parking requirements Floor plan and general notes Reflected ceiling plan Roof plan and general notes Exterior elevations with material keynotes Building sections and wall sections as required Enlarged restroom plans and interior elevations as required Door and window/storefront schedules Architectural design details as required Interiorfinish schedules as required Finish floor & ceiling plans Finish schedules and materials Life safety plan with occupancy load analysis and plumbing fixture count Accessibility standards & details Mechanical Engineering Plumbing Engineering Electrical Engineering Title 24 energy calculations Structural Engineering Plan check revisions as necessary to secure permit approval Cost Estimate Breakdown 1.4 BID DOCUMENTS Bidding Requirements Contract Forms Conditions of Contract Specifications Drawings Addendum Contract Modifications Cost Estimate Report 1.s CONSTRUCTION ADMINISTRATION RFI's Submittal review C� Review shop drawings Site visits i1C�_\:Zy:1��x�i�>_7_\�•9�_Z�I[�1�•��[��:Z�1�I1�]��7 Changes in the project's program defined in 1.1 Project Scope Fire sprinkler plan / fire alarm (to be provided by design -build subcontractor during construction) Building Commissioning Geotechnical or any Survey (if required) Hazardous material reports and abatement if necessary Joint trench design Solar design and engineering Any governmental fees required by this work NJA cannot assume responsibility for construction means, methods, techniques, sequences or procedures, safety precautions, programs connected with the work, or for acts and omissions by the Contractor, subcontractors, or others. 162 02 FEE SCHEDULE 2.1 COST BREAKDOWN CIVIL ENGINEERING $37,600 LANDSCAPE $12,600 ARCHITECTURE DESIGN DEVELOPMENT FEE $80,000 CONSTRUCTION DOCUMENTS FEE $110,000 BID DOCS & BID NEGOTIATION $26,000 STRUCTURAL ENGINEERING $38,000 MECHANICAL/PLUMBING ENGINEERING $58,000 ELECTRICAL ENGINEERING $26,500 FF&E DRAWINGS/SPEC/KITCHEN CONSULTANT $14,000 INTERIORS $15,250 COST ESTIMATING CONSULTANT $17,000 REIMBURSEMENT EXPENSES $3,000 TOTAL FOR ABOVE SERVICES $437,950 CONSTRUCTION ADMINISTRATION T&M $189,500 (ALLOWANCE) -6- 02 FEE SCHEDULE 2.2 ADDITIONAL SERVICES At the request of Client, NJA shall provide additional services not included in the Architectural Services specified above. Additional services shall be provided on an hourly basis in accordance with the following hourly rate, and shall be billed on a monthly basis: Architectural $160/hour Principal $195/hou r Project Architect/Manager $175/hour Project Designer $150/hour Draftsperson $125/hou r Admin Staff $80/hour Landscape Principal Landscape Architect $160/hour Project Manager Landscape Architect $ 120/hour Project Manager $95/hour Senior Drafter $75/hour Junior Drafter $65/hour Intern $45/hour Clerical $65/hour Electrical Principal $200/hour Senior Engineer $185/hour Senior Project Manager $170/hour Project Engineer $150/hour Structural Senior Structural $225/hour Project Manager $185/hour Mechanical/Plumbing Principal $230/hour Senior Engineer $200/hour Senior Project Manager $170/hour Project Engineer $150/hour Designer $125/hour -7- Civil Engineering $ 180.00 Engineering: $ 60.00 PRINCIPAL............................................................................................................................ $ 225.00 CIVIL ENGINEER............................................................................................................. $ 180.00 PROJECT MANAGER................................................................................................... $ 165.00 DESIGNER........................................................................................................................... $ 140.00 CADTECHNICIAN......................................................................................................... $ 115.00 COURTTESTIMONY.................................................................................................... $ 300.00 Administration: $ 180.00 CLERICAL............................................................................................................................... $ 60.00 ADMINISTRATIVE ASSISTANT............................................................................ $ 75.00 Construction Management: $ 300.00 CONSTRUCTION MANAGER................................................................................ $ 165.00 CONSTRUCTION INSPECTOR............................................................................ $ 130.00 QUALIFIED SWPPP DEVELOPER (QSD).................................................... $150.00 QUALIFIED SWPPP PRACTITIONER(QSP)............................................. $110.00 Surveying OFFICE SURVEYOR...................................................................................................... $ 180.00 ASSISTANT OFFICE SURVEYOR....................................................................... $ 130.00 ONE-PERSON SURVEY CREW........................................................................... $ 200.00 TWO -PERSON SURVEY CREW.......................................................................... $ 300.00 THREE-PERSON SURVEY CREW..................................................................... $ 380.00 COURTTESTIMONY.................................................................................................... $ 300.00 Reimbursable Expenses: Reimbursable expenses Note - Amendments to Article 2.3 Payment Schedule will be updated at the time of approved additional services if any. -8- 02 FEE SCHEDULE �W_\'A&Iis►1&�•1C1isN1�JNO $20,000 initial deposit must be received by NJA prior to starting Architectural Services Remaining balance will be invoiced monthly on progress to date Final drawings will be issued to Client upon receipt of payment of remaining balance 2.4 REIMBURSABLE EXPENSES Printing wiII be treated as a reimbursable expense on a per sheet basis noted below. Allowance for this project is not to exceed $3,000 in printing cost. 24 x 36 Black & White $4.00 ea. 8.5 x 11 Color $0.50 ea. 8.5 x 11 Black & White $0.25 ea. 12 x 18 Color $1.50 ea. 12 x 18 Black & White $1.00 ea. 11 x 17 Color $1.00 ea. 11 x 17 Black & White $0.75 ea. Client Meetings -A total of (10) client meeting(s) (and/or site visits) are included in the flat fee. Any meeting or site visit exceeding the amount specified will be billed a minimum of 1 hour at the hourly rate as specified in Article 2.2. Any invoice amounts disputed in good faith by Client and the reasons therefore will be reported to NJA within five (5) calendar days after receipt of the applicable invoice, and Client and NJA agree to work diligently to resolve the dispute within ten (10) calendar days of NJA's receipt of the notice of dispute from Client. Payments are due and payable within (30) calendar days of Client's receipt of NJA's invoice. Undisputed amounts unpaid (30) calendar days after the invoice date shall bear interest from the date payments are due at a rate of 10% per annum (.833% per month), or the maximum amount allowed by applicable law. -9- EXHIBIT A we] IOAMMIl:11■MV wsmxs SERVICE ACCESS m �nx g u e I e e > > > I I -SHADE - --- OUTDOOR - STRUCTURE ACiIVIiIES �%u. r7 en p _ L I E7 7 - I - - CAll �= nm E OOam ax SECURED s = COURTYARD iR11 o oOc' --- AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on 2021, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and NJ ASSOCIATES, 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 Architectural Services for Access Center and Affordable Housing Projects (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 1 remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meetings CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffing CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.5 Subcontracts Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 Term The term of this Agreement commences on July 1, 2021 and terminates upon the completion of the Scope of Services or on December 31, 2022, 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 one (1) one (1) -year extension; 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. 2 The total duration of this Agreement, including the exercise of any option under this paragraph, shall not exceed two and one-half (2.5) years. 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 1999, 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 Assiqns 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 300E Lodi, CA 95241-1 91 0 Attn: John R. Della Monica, Jr. To CONTRACTOR: NJ Associates, inc. 212 W Pine St, Suite 1 Lodi, CA 95240 Attn: John Vierra 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 services and work to be performed hereunder. CITY. however, retains the right to M 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 a#tered 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 Sever 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 ❑ 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. CITY OF LODi, a municipal corporation ATTEST- JEN ERC MIR qSt$C�HXA CiX Clerk City Manager APPROVED AS TO FORM: JANICE D. MAGDICH, City Attorney NJ ASSOCIATES, INC., a California Corporation By Name: J A IE Title- Architect Attachments: �1 Exhibit A - Scope of Services Exhibit B - Fee Proposal Exhibit C - Insurance Requirements Exhibit D - Federal Transit Funding Conditions (if applicable) Funding Source: Various grant funding (Business Unit & Account iso.) 8 N J NJA A / ARCHITECTURE SERVICES AGREEMENT OCTOBER 15th, 2021 LOBI ACCESS CENTER MULTI SITE STUDY COMPANY PREPARED BY JOHN A VIERRA ARCHITECT (C35199) NICHOLAS M SEWARD ARCHITECT (C38947) NJA ARCHITECTURE 212 W PINE ST, SUITE i LODI. CA 95240 Exhibit A & B CLIENT PREPARED FOR JOHN DELLA MONICA COMMUNITY DIRECTOR CITY OF LODI 221 W PINE STREET LODI CA 95240 ARTICLE 1 ARCHITECTU RAL SERVICES NJA shall Provide ARCHITECTURAL SERVICES for the LODI ACCESS CENTER project located at VARIES SITE LOCATIONS covering the following project requirements described in Article 1,1 Project Scope. 1.1 PROSECT SCOPE • WASHINGTON STREET SITE MASTER PLAN • Graphic Site Plan • 3d Street Scape Design • 3d Massing Studies • KETTLEMANITHURMANJCENTURY SITE MASTER PLAN • Graphic Site Plan • SACRAMENTO STREET • Graphic Site Plan 3d Street Scape Design 3d Massing Studies 1.2 PRELIMINARY DESIGN DELIVERABLES • Provide conceptual site design studies for review by Owner • Provide conceptual exterior building elevation design studies for review by owner • Develop conceptual site plan showing path of travel and parking requirements • Provide conceptual renderings showing materials and finishes • our proposal includes a maximum of two (2) revisions to initial concepts • Client meetings) to review and discuss design 1.3 ARCHITECTURAL SERVICES SHALL NOT INCLUDE • Changes in the project's program defined in 1.1 Project Scope • Fire sprinkler plan. fire alarms and fire suppression system • Boundary Survey and Topo • Civil Engineering • Geotechnical engineering and reports • Existing Environmental Analysis - Phase 1 & 2 reports • Mechanical Engineering • Electrical Engineering Plumbing Engineer • Program Requirements Schematic Design of buildings 2 ARTICLE T ARCHITECTURAL SERVICES • Construction Documents • Equipment design and layout • Building commissioning Hazardous material reports and abatement if necessary Preparing estimates of construction • NJA cannot assume responsibility for construction means, methods, techniques, sequences or procedures, safety precautions, programs connected with the work, or for acts and omissions by the Contractor, subcontractors, or others 3 ARTICLE 2 FEE BREAKDOWN BREAKDOWN2.1 COST ARCHITECTURAl- - INVOICE 20023-1 57,500 INVOICE 20023-2 $5,687.50 INVOICE 21006-1 $5,800 TOTAL FOR ARCHITECTURAL SERVICES $19,987.50 2.2 PAYMENT SCHEDULE Remaing balance will be invoiced monthly on progress to date Final drawings will be issued to Client upon receipt of payment of remaining balance 2.3 ADDITIONAL SERVICES At the request of Client, NJA shall provide additional services not included in the Architectural Services specified above. Additional services shall be provided on an hourly basis in accordance with the following hourly rate, and shall be billed on a monthly basis: Principal Architect $175/hour Project Architect/Manager $165/hour Project Designer $155/hour Draftsperson $135/hour Admin Staff $80/hour Note: Amendments to Article 2.2 Payment Schedule will be updated at the time of approved additional services if any. 4 ARTICLE 2 FEE BREAKDOWN 2.4 REIMBURSABLE EXPENSES NJA shall be compensated for reimbursable expenses such as reproductions and postage. 24 x 36 Black & White $4.00 ea. 8.5 x 11 Color $0.50 ea. 8.5 x 11 Black & White $0.25 ea. 12 x 18 Color $1.50 ea. 12 x 18 Black & White $1.00 ea. 11 x 17 Color $1.00 ea. 11 x 17 Black & White $0.75 ea. Client Meetings. A total of (10) client meetings) (and/or site visits) are included in the fiat fee. Any meeting or site visit exceeding the amount specified will be billed a minimum of 1 hour at an hourly rate of $175 for each Architect and Design Principal present. Any invoice amounts disputed in good faith by Client and the reasons therefore will be reported to NJA within five (5) calendar days after receipt of the applicable Invoice. and Client and NJA agree to work diligently to resolve the dispute within ten (10) calendar days of NJA's receipt of the notice of dispute from Client. Payments are due and payable within (30) calendar days of Client's receipt of NJA's invoice. Undisputed amounts unpaid (30) calendar days after the invoice date shall bear interest from the date payments are due at a rate of 10% per annum (,833% per month), or the maximum amount allowed by applicable law. Not to exceed $125,000-00 11 EXHIBIT C NOTE. The City of Lodi is now using the online insurance program FINS 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 Req uirements for Design Professionals- Arc h€tects/Enginee rs 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. 4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limits not less than $2,000,000 per occurrence or claim. 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 $5 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 Nori-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 NODI 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 ther❑ oiect 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 J of 2 pages I Risk: rev. 3/1/2418 (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 certificates) 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 [apses 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 Cal ifomia Tort Claims Act (Ca lifomia Gov emment Code Section 810 et seq.). jg) 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 aIlowabte 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) Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (m) Qualified Insurer {sl 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. 31112018 AMENDED RESOLUTION NO. 2023-73 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH NJ ASSOCIATES, INC., OF LODI, FOR THE ACCESS CENTER, TRAINING CENTER, AND ENTIRE SITE DESIGN DEVELOPMENT, CIVIL ENGINEERING, CONSTRUCTION DOCUMENTS, BID DOCUMENTS, AND CONSTRUCTION ADMINISTRATION WHEREAS, the Community Development Department had a need for architectural design services for special projects, including, but not limited to, the Access Center and Emergency Shelter; and WHEREAS, NJ Associates, Inc., has been fundamental in several key projects and has been working with staff since the inception of the Access Center project, and City Council authorized the City Manager to enter into a Professional Services Agreement with NJ Associates, Inc., on December 1, 2021, for an amount not to exceed $125,000; and WHEREAS, City Council authorized the City Manager to execute Amendment No. 1 with the NJ Associates, Inc., on October 19, 2022; and WHEREAS, on December 13, 2022, the San Joaquin Board of Supervisors awarded the City an additional $8.2 million to complete all phases of the project. San Joaquin County Capital Outlay grant funds will be utilized to support this contract with no General Fund impact; and WHEREAS, staff recommends that the City Council authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with NJ Associates, Inc., of Lodi, in an amendment amount not to exceed $225,000 and total contract amount not to exceed $980,000. 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 NJ Associates, Inc., of Lodi, California, in an amount not to exceed $225,000, for the Access Center, Training Center, and entire site design, civil engineering, construction documents, bid documents, and construction administration, thereby extending the term of the agreement to December 31, 2024; 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: April 19, 2023 I hereby certify that Resolution No. 2023-73 was passed and adopted by the City Council of the City of Lodi in a regular meeting held April 19, 2023, by the following vote: AYES: COUNCIL MEMBERS — Bregman, Nakanishi, and Yepez NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mayor Hothi ABSTAIN: COUNCIL MEMBERS — Craig OLIVIA NASHED City Clerk 2023-73