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Home My WebLink AboutAgenda Report - September 7, 2016 C-10TM CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: AGENDA ITEM Adopt Resolution Authorizing City Manager to Execute Two -Year Professional Services Agreements with 1) 4 Leaf, Inc. of Pleasanton, 2) Interwest Consulting Group of Roseville, and 3) Bureau Veritas of Sacramento for Building Codes Plans Examining, Building Codes Inspection, Fire Codes Plans Examining and Fire Codes Inspection Services on an As Needed Basis; and Further Authorize the City Manager to Execute Two 2 -Year Extension Options with Each Consultant with the Total Contracts Not to Exceed Six Years or $900,000 MEETING DATE: September 7, 2016 PREPARED BY: Community Development Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute two-year Professional Services Agreements with 1) 4 Leaf, Inc. of Pleasanton, 2) Interwest Consulting Group of Roseville, and 3) Bureau Veritas of Sacramento for building codes plans examining, building codes inspection, fire codes plans examining and fire codes inspection services on an as needed basis; and further authorize the City Manager to execute two 2 -year extension options with each consultant with the total contracts not to exceed six years or $900,000. BACKGROUND INFORMATION In April 2016, staff requested written quotes from four companies that can provide the required services. Out of the four companies; three submitted all of the required information and documentation in their proposals. The Building & Safety Division relies on outside consultants to provide services, such as plan review and building inspection staffing. These services are on an as -needed basis. In 2016, a Building & Safety Plan Review Engineer accepted a job with the City of Livermore. During our recruitment and hiring process to fill the position, we utilized a consulting firm for structural plan review services. A consulting firm was also used for building inspection services after a Building Inspector II retired. The consulting firms also provide the flexibility to provide short-term staffing during upswings in construction activity. Further, the Building & Safety Division desires to have more than one consulting firm to choose from, especially due to the lack of qualified Building Inspectors in the work force today. Many of the consulting firms are having difficulty finding qualified Building Inspectors on short notice and for short- term placement. Having multiple consulting firms allows the City to maintain its staffing needs and plan review turnaround times. All of the consultants listed gave us competitive quotes that were within a 1 percent differential of one another. These consulting firms will perform structural plan review, and inspection services on an as needed basis. While obtaining a list of qualified plan review and inspection services will not obligate the City to use the list, it does give the division more flexibility in providing the best service to the public and the construction community. APPROVED: e• -n c w. ■au- r, City Manager J:\Community Development\Council Communications\2016\09-07 AwardPlanReview_and_InspectorConlracts 2 draft .doc 8/30/2016 Adopt Reso for Building Services Contracts Sept. 7, 2016 Page 2 of 2 Staff has been working with contracts that had no term ending dates and have been in effect since 2007. Staff recommends Council adopt a resolution authorizing the City Manager to execute three Professional Services Agreements with Interwest Consulting Group, Bureau Veritas and 4 Leaf, Inc. for Building Codes Plans Examining, Building Codes Inspection, Fire Codes Plans Examining and Fire Codes Inspection services for an amount not to exceed $150,000 per year. The term of this agreement shall be for two years with an option authorizing the City Manager to extend for two additional years twice. FISCAL IMPACT: Costs will be absorbed in the Community Development Special Revenue Fund. FUNDING AVAILABLE: Funding is budgeted in account: 27081000.72450 $150,000 DCtsk&e ft.>\ ordan Ayers Deputy City Manager/Internal Services Director Stev- c abauer Community Development Director SS/DC/kjc AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on , 20 , by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and 4 LEAF, INC. (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 BUILDING CODES PLANS EXAMINING, BUILDING INSPECTION, FIRE CODE PLANS EXAMINING AND FIRE CODE INSPECTION SERVICES (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A. Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services. CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services. CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR's contract performance period. Also, any delays due to 1 weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meetings CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffing CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.5 Subcontracts Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 Term The term of this Agreement commences on September 1, 2016 and terminates upon the completion of the Scope of Services or on October 31, 2018, whichever occurs first. Section 2.7 Option to Extend Term of Agreement At its option, City may extend the terms of this Agreement for an additional two 2 (2), two (2) -year extensions; provided, City gives Contractor no less than thirty (30) days written notice of its intent prior to expiration of the existing term. In the event City exercises any option under this paragraph, all other terms and conditions of this Agreement continue and remain in full force and effect. The total duration of this Agreement, including the exercise of any option under this paragraph, shall not exceed six (6) years. 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 3 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. ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. 4 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. Section 4.5 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Requirements for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. Section 4.7 Successors and Assigns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Dennis Canright To CONTRACTOR: 4Leaf, Inc 2110 Rheem Dr., Suite A Pleasanton, CA 94588 Attn: Ed O'Reilly CBO 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. 5 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 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 6 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. Section 4.15 Captions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Section 4.16 Integration and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. Section 4.17 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 Severability The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. 7 Section 4.20 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Federal Transit Funding Conditions ❑ If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST: CITY OF LODI, a municipal corporation JENNIFER M. FERRAIOLO STEPHEN SCHWABAUER City Clerk City Manager APPROVED AS TO FORM: 4LEAF, INC. JANICE D. MAGDICH, City Attorney By: By: Name ED O'REILLY Title: CBO Attachments: Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements Exhibit D — Federal Transit Funding Conditions (if applicable) Funding Source: 27081000.72450 (Business Unit & Account No.) Doc ID:CDD - CA:Rev.01.2015 8 0 ENGINEERING - CONSTRUCTION MANAGEMENT BUILDING INSPECTION • PLAN CHECK 4LEAF, INC. Section 3: Plan Review and Inspection Work Plan Plan Review Services 4LEAF will provide plan review for any and all types of structures to ensure compliance with all adopted codes, local ordinances (including Tier 1 of Cal Green, if required) and state and federal laws that pertain to Building and Safety, and for compliance with the adopted International Code Council (ICC) building, plumbing, electrical, mechanical, National Fire Protection codes and standards, and the accessibility and Noise and Energy Conservation requirements as mandated by the State of California Title 24, State of California Water Efficient Landscape Ordinance, the State of California Certified Access Specialist (CASp) compliance, and all other applicable ordinances. Types of projects we provide these services for include; Single -Family Dwellings, Multi - Family Dwelling Units, Commercial, and Industrial. On -Site Review Work Plan 4LEAF can supply Registered Professional Engineers to the City of Lodi to work on-site performing structural plan review and non-structural reviews at the Jurisdiction's discretion. 4LEAF currently supplies on-site review to such Municipalities as: City of Sacramento Aerojet, Folsom, CA City of Roseville County of San Joaquin City of Livermore City of Pleasanton City of Hollister City of East Palo Alto Livermore/Pleasanton Fire Dept. (LPFD) City of Gilroy City of San Jose City of Palo Alto Off -Site Review Work Plan 4LEAF is able to work effectively with design teams and assist Public Works, Planning, Fire, and Building Departments in the construction, rehabilitation, and repair of both public and private projects. Our experience includes checking for compliance with the structural, life -safety, accessibility, plumbing, mechanical, electrical, fire, and local codes/ordinances. Approach We understand that the specific building plan review responsibilities will include, but are not limited to: • Examining plans, drawings, specifications, computations documents, soils reports, and any additional data; • Ascertaining whether projects are in accordance with applicable building and fire codes, and City ordinances, including but not limited to Title 24 and Title 25; • Performing such reviews as, structural, MEP, green building, fire and life safety, grading and drainage; • Reviewing plans to ensure conformity to the required strengths, stresses, strains, loads, and stability as per the applicable laws; • Reviewing plans to ensure conformity with use and occupancy classification, general building heights and areas, types of construction, fire resistance construction and protection systems, means of egress, accessibility, structural design, soils and foundations; and masonry; • Providing additional plan review services as requested by the City; • Conducting all plan review at the City Department or, as needed, at a site mutually agreed upon in writing and; • Supplying all plan review staff with all code books and other basic professional references. Proposal to Provide On -Call Building Plan Check and Inspection Services Section 3: Plan Review and Inspection Work Plan Page 1 of 7 May 20, 2016 0 ENGINEERING - CONSTRUCTION MANAGEMENT BUILDING INSPECTION • PLAN CHECK 4LEAF, INC. 4LEAF Plan Review QA/QC Process for all Reviews Task 1— Project Tracking Set-up The first step of our process will be to set up the project in our system to enable 4LEAF and the City of Lodi to track the progress of the review. Our plan tracking procedures are designed to track each submittal throughout the review process and maintain accurate and comprehensive records for each submittal. Task 2 - Complete Submittal Review Upon receiving the plans from the City, 4LEAF will triage (preliminary plan review performed by 4LEAF plan review project lead) the submittal to verify that the submittal received is complete (i.e., all pertinent plans, calculations, reports, and other related documents) in order that we can begin our review. If the submitted package is incomplete, we will communicate with the City to discuss the deficient documents needed to proceed with our review. Task 3 - Plan Review Assignment After the triage process is performed and a complete package is verified, the project will be assigned to the most qualified Plans Examiner and a turnaround time will be established. We will log each application into our database the same day the plans are received to assure that they are routed in a timely manner and to allow for daily project tracking. Task 4 - Plan Review 4LEAF will provide the project contact (Developer, Contractor, Architect, or Engineer) desired by City of Lodi with a list of any items needing correction and clarification to comply with applicable building codes, ordinances, and regulations. A correction list will be created based on the missing codes and ordinances. Task 5 - Quality Control Prior to submitting the plan review correction list to the City the designated plan review project lead will review the correction list for adherence to applicable codes and ordinances as well as for accuracy and completeness. After completion of our quality control review a correction list will be e-mailed to a designated staff member at the City of Lodi or as directed by the City of Lodi. The correction list and a 4LEAF transmittal form will include the following information: a description of the work, type of construction, occupancy group, square footage, number of floors, and sprinkler requirements. Task 6 - Plan Review Rechecks Plans received for rechecks will be reviewed for conformance. Our goal is to actively work with the designers to resolve all unresolved issues after our second review. If it appears that there are complicated issues that might cause a project to go beyond our second review, we will communicate directly with the designer to resolve these concerns. Task 7 - Project Approval Once the final plan reviews are completed and ready for approval, 4LEAF will organize the plans and supporting documents per the City of Lodi processing requirements and return them to the City, along with our letter of completion. Proposal to Provide On -Call Building Plan Check and Inspection Services Section 3: Plan Review and Inspection Work Plan Page 2 of 7 May 20, 2016 0 ENGINEERING • CONSTRUCTION MANAGEMENT BUILDING INSPECTION • PLAN CHECK 4LEAF, INC. Turn -Around Times 4LEAF has a tremendous reputation for completing projects on-time and under budget. 4LEAF's plan review team is widely recognized for quick turn -around times and prompt service. We have provided some elaborate examples in our Experience and Reference section - please read through our project examples and contact our references to learn about our abilities and commitments to our clients. Off-site plan reviews are performed at our office, with plans transmitted by personal delivery or overnight service. The standard turn -around time is within 10 business days for residential plan reviews and within 10 days for commercial/industrial plan reviews; however, these timeframes are negotiable based on your needs. 4LEAF also provides Fire Plan Review services. Type of Plans Transportation Initial Review Subsequent Review Expedited Service Residential <24 Hours (pick up & delivery by 4LEAF staff) <10 Days <5 Days No Additional Charge (when staff available) Commercial <24 Hours (pick up & delivery by 4LEAF staff) <10 Days <5 Days No Additional Charge (when staff available) Large Commercial >15,000 Sq. Ft. <24 Hours (pick up & delivery by 4LEAF staff) Negotiable Negotiable No Additional Charge (when staff available) Larger complex plan reviews can be negotiated to achieve the best possible pricing. 4LEAF has a proven track record of working with municipalities to provide expedited reviews with special discounted pricing when applicable. Pick-up of all plans will be performed by 4LEAF staff within 24 hours of the City's phone call or e-mail. 4LEAF prefers to pick-up and deliver the plans in person in order to communicate any information that may be pertinent to the project and maintain a consistent communication. 4LEAF staff will transport the plans to and from the City upon a phone call to the 4LEAF office or a simply e-mail for "pick-up" to pickup@4leafinc.com. Pick-ups are at no additional cost. Independent Expedited Review 4LEAF will perform expedite plan review services in two different capacities. Scenario # 1— Developer funded expedited reviews — 4LEAF can negotiate an appropriate rate for review with the City to ensure all compensation is equitable to the service performed. 4LEAF's expedited turn- around time is five days (5) or less. Scenario # 2 — City requests with no additional funding — Upon request, 4LEAF will perform expedited reviews for the City at no additional charge. 4LEAF has a proven track record of assisting our clients with expedited reviews under unique customer service situations when projects need to be completed quickly. Proposal to Provide On -Call Building Plan Check and Inspection Services Section 3: Plan Review and Inspection Work Plan Page 3 of 7 May 20, 2016 0 ENGINEERING • CONSTRUCTION MANAGEMENT BUILDING INSPECTION • PLAN CHECK 4LEAF, INC. Document Control and Electronic Plan Review When plans and documents are received for review, 4LEAF's Plan Review Manager and Document Control Technician analyzes the project, creates a Job number, and completes a Job Setup Sheet. This form highlights both jurisdiction and project specific design criteria and notes applicable contact information. Jobs are transmitted through 4LEAF's easily accessed EZPIan Review portal which tracks initial and subsequent reviews and is open for view by the customer. The City and their Customers can view 4LEAF's plan control log through EZPIan Review Portal. Plans then get distributed for review to a 4LEAF team consisting of a Plan Review Engineer or architect (a licensed State Professional) and/or an ICC Certified Plans Examiner, as applicable. Our staff then performs his or her function of analyzing the plans and documentation for effective conformance to the California Codes, referenced construction standards, and City amendments. Code review methodology entails "The Effective Use of the CBC" reinforced through proprietary and jurisdictional checklists. When complete the Plan Review Manager overviews the project for quality control purposes and forwards comments or approvals to the pre - designated contacts. 4LEAF's EZPIan Review Structural & Non -Structural Guidelines and Checklists Specialized Spreadsheet Web -Based (EZPIan Review) 4LEAF is a green company and has the capability to receive and review electronic plans (pdf format) utilizing Adobe Acrobat Pro. Structural Only Review Upon request, 4LEAF will perform "structural only" reviews for the City. 4LEAF can communicate directly with the designers via email, in-person meetings, and through our EZ Plan Review system. 4LEAF prefers PDF files for "structural only" reviews which allow several different Structural Engineers to review plans together should there be design related questions. The majority of 4LEAF's plan review engineers have a design background and work well with project designers. Certified Access Specialist (CASp) Plan Review Staff CASp Inspector Certification No. Expiration Greg Shriver, P.E. CASp-96 09/14/2018 Jerry Thome CASp-104 09/14/2018 Ed Fang, P.E. CASp-227 06/24/2016 Sid Danandeh, P.E. CASp-257 06/29/2016 Mike Anderson, P.E. CASp-328 09/22/2016 Howie Conroy, C.B.O. CASp-429 07/31/2018 Brad Wungluck, CBO CASp-462 11/13/2018 Scott Wungluck, CBO CASp-560 04/29/2017 Proposal to Provide On -Call Building Plan Check and Inspection Services Section 3: Plan Review and Inspection Work Plan Page 4 of 7 May 20, 2016 4LEAF, INC. ENGINEERING • CONSTRUCTION MANAGEMENT BUILDING INSPECTION • PLAN CHECK Inspection Services 4LEAF maintains the largest database of qualified inspectors of varied qualifications. Inspectors vary from current full-time inspection staff, idle staff (temporarily between assignments), and pre -qualified staff which include inspectors who are available subject to client demand. 4LEAF's inspectors are all ICC certified and experienced working within a municipal work environment. 4LEAF will provide inspectors with all the necessary tools, equipment, and current code books sufficient to facilitate all required inspections. 4LEAF can provide interim or full-time inspectors same-day or within one business day. We maintain an on-call database for as -needed requests with our clients. 4LEAF utilizes this service for more than 75 municipalities. Below is a snapshot of our database. Monthly Inspection Assignment Schedule W.C. GII EPA Dann Rose 110111 e Apple Sal 1-1401 2.1an MEP/WO/AM/MP S•lan MEP/WO/AM/MP 6.1411 MEP/WO/AM/MP 7-1an MEP/WD/AM/MP 0-lan MEPPWO/5AI/MP 9.1411 MEP/WD/AM/MP 12.1an MEP/WO/AM/MP i5•lan MEP/ya0/AM/MP 14-1011 MEP/WO/AM/MP 11-lan MEP/WO/AM/MP 16.1401 MEP/WD/AM/MP 19•lan 20 -San MEP/WD/AM/MP 31.10o MEP/WO/AM/MP 22-lan MEP/WD/AM/MP 23-1m MEP/WD/AM/MP 26•lan MEP/WD/AM/MP 27 -Lan MEP/WO/AM/MP 21.1111 MEP/WO/AM/MP 29-lOn MEP/WD/AM/MP MM 30-lan MEP/WD/AM/MP MM 10 1C 1C/GM ON 1C 1C/GM MM MM 10 MM 1044 Wryit0 = FIIIed • Needs staff Green. Na Request BNA • Closetl/ loI7aY Grey • NA FII/ Blue=Sick CFF G.111.10/TE 10 AFF 61/1.10/10 10 ON CFF G1/MO/rE 10 DN 00 Gl/MO/TE 1.0 DPI CFF G1/MO/FE 10 ON CFF G1/MO/TE 10 CFF 61/1.10/TE 10 CFF G1/MO/TE 10 111 �F G1/MO/TE 10 101/511 CFF 31/MO/TE 10 1M/D41 CFF Gl/MO/TE 10 CFF 61/MO/10 CFF 61/MO/111 CFF Gl/MO/TE ME/RST CFF 61/MO/TE RST CFF GI/MO/TE 401 CFF 61/MD/TE RST CFF G1/MO/TE RST CFF Gl/MO/TE RST CFF Gl/MO/TE RST Nwrk Mod Sun cup CUR VAL Ala Lath EP L0 FP EP EP EP 1M EP EP EP EP EP 11uli,1, 101110 EP le EP ID EP ID EP le EP EP FP EP EP Brentwood Sac TIBu ron LBHL Fols LPFD PI sn Tracy Aero Daly Sec PA 14010., 1 1 OS 40/,L/BA DN .M1 MK 05.05 115 MK KO/IL/El0 ON M1 MK 145/06 DS MK 40/11/65 DN M1 MK RS/PG D5 MK ft0/11JB.1 DN M1 MK RS/PG DS MK R0/11165 DN 151 MK RS/PC Di -R0/1L/BA DN Ml MK RS/PG 0S MK 40/11/BA GA/DN Ml MK DS/PG 0B DG MK RO/1L/115 ON 111 MK RS/PG 06 GM D 5 MK 00/1L/BA GA/DN M1 MK/EP RS/PG 00 DS MK R0/11/65 DN 151 MK/EP RS/PG 00 D5 10/A/BA GA/ON 111 MO RS/PG rB OG MK R0/ILJDA ON 111 MK AS/PG 00 LRIKRO/111&1 GA/511 M1 MK/EP RS/PG 01 R0/11/65 DN HU ME/EP RS/PG 00 10/11/RA GA/JC IA1 ME/EP RS/PG KR DS MK 40/11/01 GA/DP M1 MK 15/PG CB D5 MK R[1/JL/BA ON 111 MK BS/PG KB OS ME RO/11/65 GA/ON M1 MK RS/PG 131 D5 MK R0/11/111 DN M1 MK RS/PG SB OS -RD/JL/RA GA/DN 111 ME RS/PG %B GM GM 10 LLA RE M1 10 10 LLD RE M1 10 10 LLD RE M1 10 10 LW RE M1 10 10 LLD RE Ml 10 10 LLA RE M1 10 10 LLD RE M1 10 10 L10 RE M1 10 10 1.0.0 RE Ml 10 10 LLO RE M1 10 JO LLO RE Ml 10 10 LLD RE M1 10 10 LLD RE Ml 10 10 LLD RE Ml 30 J0 LLO RE M1 10 10 LLD RE Ml 10 10 LLD RE M1 10 10 110 RE M1 10 10 LLA RE M1 10 J0 LLD RE M1 10 Inspection Options Periodic Inspection Services - Available Next Day 4LEAF can fulfill inspection requests immediately upon request including same day. 4LEAF has a wealth of local and available inspectors ready to serve the City of Lodi. In addition, 4LEAF has a proven track record of providing such services to a number of different building departments. Part -Time Inspection Services 4 Available Next Day 4LEAF will provide the City with part-time inspectors upon request. 4LEAF can provide part-time staff within 24 hours of request for any duration of time. 4LEAF's Project Manager will work closely with the department to identify the right personnel and determine the appropriate work schedule. Full -Time Inspection Services 9 Available Two Days or Less 4LEAF can provide full-time inspectors upon request. 4LEAF provides this service regularly to many clients throughout the Central Coast, Sacramento Valley, Peninsula/South Bay Regions, East Bay, and Central Valley. Project Specific Inspection Services 9 Available Two Days or Less 4LEAF is often tasked with providing inspection services to large projects on behalf of municipalities. 4LEAF currently handles large-scale projects for such clients as the City of Palo Alto, City of Cupertino, etc. These projects are developer funded into a separate City account which is distributed to 4LEAF using a separate invoice and contract number. This is particularly helpful to fast paced projects looking for continuous inspection services over a short period of time (i.e. 6 — 36 Months). Proposal to Provide On -Call Building Plan Check and Inspection Services Section 3: Plan Review and Inspection Work Plan Page 5 of 7 May 20, 2016 0 ENGINEERING - CONSTRUCTION MANAGEMENT BUILDING INSPECTION • PLAN CHECK 4LEAF, INC. Building Department Staff Services 4LEAF has a proven track record of providing Building Officials and Permit Technician/Counter staff to jurisdictions throughout California. The 4LEAF pool of talented professionals includes qualified and experienced permit technicians, capable of providing all permit processing and counter services. 4LEAF can deploy such staff on short notice and offers training programs for department staff, if required. Our staff encompasses the right combination of experience, education and certifications. 4LEAF Permit Technician Staff must be experienced and dedicated to serving the public at the Planning and Building Department counter. Typical duties include: • Accepting Plans for Plan Check • Verification that Plans are accurate and complete • Calculate Permit Fees • Explain ordinances and procedures to owners, contractors, developers, architects, and general public • Assist with preparation of permit applications • Receive Plans for Planning and Building permits and route to various agencies (if requested) • Accept complaints on code violations, process, and record complaints • Answer telephone for field and office staff • Process inspection requests • Maintain files for building permits • Operate Building Department's computerized information system • Input variety of information including building permits and inspections • Complete related duties and responsibilities as assigned by Building Official and Senior staff members 4LEAF has numerous Building Official and Permit/Counter Technicians on staff, many whom are currently assigned to Building Departments throughout the state. All staff will have the materials, resources, tools, and training required to perform the job. Building Department Services Placement Schedule Building Department Staff Interim Full -Time Permit Technician (ICC Certified) Less Than 2 Days Less Than 5 Days Assistant Permit Technician/ Counter Staff Less Than 2 Days Less Than 5 Days Building Official Less Than 2 Days Less Than 15 Days Public Works Inspection In addition to building inspection, 4LEAF has an experienced staff that provides public works inspection. Our team has supported numerous projects for on-call construction management and inspection services contracts for clients such as Sacramento Regional Transit District, California State Parks, and numerous municipalities. Our many public works projects include light rail extension projects, water/sewer systems, roadways, and bridges. Our team of qualified public works inspectors is available to the City of Lodi should you have needs in this area. Proposal to Provide On -Call Building Plan Check and Inspection Services Section 3: Plan Review and Inspection Work Plan Page 6 of 7 May 20, 2016 0 ENGINEERING - CONSTRUCTION MANAGEMENT BUILDING INSPECTION • PLAN CHECK 4LEAF, INC. The following represents the normal responsibilities associated with providing public works inspections during the construction phase of the project. The actual services are tailored to meet the specific needs of each project: • Provide daily inspections and documentation of job related activities. • Monitor and document the contractor's work for adherence to contract plans and specifications. • Prepare and maintain thorough daily inspection reports. • Provide continual review of plans and specifications. • Document information related to manpower, equipment, and time for extra or force account work. • Provide pictorial logbook of construction activities and maintain separate "As-Builts". • Report all notices of noncompliance requiring corrective actions. • Meet with the contractor to review proposed work and schedule inspections. • Develop "punch list" items and follow-up with corrective measures. Proposal to Provide On -Call Building Plan Check and Inspection Services Section 3: Plan Review and Inspection Work Plan Page 7 of 7 May 20, 2016 4LEAF, INC. ENGINEERINGp- CONSTRUCTION MANAGEMENT BUILDING INSPECTION • PLAN CHECK Section 5: Fee Structure NATURE OF BUILDING SERVICES COST STRUCTURE Plan Review & CASp Services Plan Review Percentage Cost: 70% Plan Review Hourly Cost: $85 Non Structural Review $120 Structural Review CASp Inspection and/or Review: $155/hour Fire Review: $155/hour * Fee includes initial review and two (2) rechecks. Staff Augmentation Services Senior Combination Building Inspector (Building Inspector III) $95/hour Commercial Building Inspector (Building Inspector II) $85/hour Residential Building Inspector (Building Inspector I) $75/hour Training Building Inspector $50/hour Code Enforcement $85/hour Permit Technician $45-55/hour On -Site Plan Review Engineer $120/hour On -Site Non Structural Plans Examiner $85/hour Fire Review $155/hour Inspector of Record (including DSA or OSHPD) $95-125/hour Public Works Inspector $137/hour Interim Chief Building Official $120/hour CASp Inspection $155/hour Project Inspector / Inspector of Record $100 - 125/hour* Off -Site Project Manager $160/hour Principal -in -Charge $185/hour Hourly overtime charge per inspector 1.5 x hourly rate Mileage (for inspections performed within the City) IRS Rate + 20% *Rates will be communicated with the City Management at time of request. Rates will vary based on the qualifications and experience of the personnel. Larger complex plan reviews can be negotiated to achieve the best possible pricing. 4LEAF has a proven track record of working with municipalities to provide expedited reviews with special discounted pricing when applicable. Proposal to Provide On-call Building Plan Check and Inspection Services Section 5: Fee Structure Page 1 of 2 May 20, 2016 EXHIBIT C Insurance Requirements for Contractor The Contractor shall take out and maintain during the life of this Agreement, insurance coverage as listed below. These insurance policies shall protect Contractor and any subcontractor performing work covered by this Agreement from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from Contractor's operations under this Agreement, whether such operations be by Contractor, or by any subcontractor, or by anyone directly or indirectly employed by either of them, and the amount of such insurance shall be as follows: 1 COMPREHENSIVE GENERAL LIABILITY $2,000,000 Each Occurrence $4,000,000 General Aggregate 2. COMPREHENSIVE AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit Such insurance shall cover liability arising out of any vehicle (including, owned, hired and non -hired vehicles) operated in performing any and all services pursuant to this Agreement. Coverage shall be written on ISO form CA 00 01 12 90, or a later version, that provides liability coverage at least as broad as this form. 3. PROFESSIONAL LIABILITY 1 ERRORS AND OMISSIONS $2,000,000 Each Occurrence $4,000,000 General Aggregate All limits are to be designated strictly for the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. All deductibles or self-insured retentions (SIR) must be disclosed to City's Risk Manager for approval and shall not reduce the limits of liability set forth hereinabove. Insurance policies containing any deductible or SIR provision shall provide, or be endorsed to provide, that the deductible or SIR may be satisfied by either the Named Insured(s) or the City of Lodi. It is required that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth above, shall be available to City as an additional insured Furthermore, the requirements for coverage and limits shall be (i) the minimum coverage and limits specified in these insurance requirements; or (ii) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the Contractor; whichever is greater. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). A copy of the certificate(s) of insurance with the following endorsements shall be furnished to the City: (a) Additional Named Insured Endorsement Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or a later version, that provides liability coverage at least as broad as this form) such insurance as is afforded by this policy shall also apply to the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers as additional named insureds. An additional named insured endorsement is also required for Auto Liability. (b) Primary and Non -Contributory Insurance Endorsement Additional insurance coverage under the Contractor's policy shall be "primary and non-contributory" and will not seek contribution from City's insurance or self-insurance and shall be at least as broad as ISO form CG 20 01 04 13. (c) NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) 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. Waiver of Subrogation Include a waiver of subrogation against the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. A waiver is required for General Liability and Auto Liability Page 1 I of 2 pages Risk: rev.03 2016 Insurance Requirements for Contractor (continued) (d) Limits of Coverage The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance of Contractor shall contain, or be endorsed to contain, a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect the City as a named insured (e) Completed Operations Endorsement For three years after completion of project, a certificate of insurance with a Completed Operations Endorsement, CG 20 37 07 04, will be provided to the City of Lodi. (f) (g) Severabilitv 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. 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. (h) Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. (i) Failure to Comply If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1St) day of the month following the City's notice. Notwithstanding and 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. (j) Qualified Insurer(s) All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. Workers Compensation Insurance The Contractor shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all of Contractor's employees employed at the site of the project and, if any work is sublet, Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employees engaged in hazardous work under this Agreement at the site of the project is not protected under the Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide insurance for the protection of said employees. A waiver of subrogation is required for workers compensation insurance. This policy may not be canceled nor the coverage reduced 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. NOTE: The City reserves the right to obtain a full certified copy of any insurance policy or endorsements required. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. Page 21 of 2 pages Risk: rev.03.2016 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on , 20 , by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and INTERWEST CONSULTING GROUP (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 BUILDING CODES PLANS EXAMINING, BUILDING INSPECTION, FIRE CODE PLANS EXAMINING AND FIRE CODE INSPECTION SERVICES (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A. Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services. CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services. CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR's contract performance period. Also, any delays due to 1 weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meetings CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffing CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.5 Subcontracts Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 Term The term of this Agreement commences on September 1, 2016 and terminates upon the completion of the Scope of Services or on October 31, 2018, whichever occurs first. Section 2.7 Option to Extend Term of Agreement At its option, City may extend the terms of this Agreement for an additional two 2 (2), two (2) -year extensions; provided, City gives Contractor no less than thirty (30) days written notice of its intent prior to expiration of the existing term. In the event City exercises any option under this paragraph, all other terms and conditions of this Agreement continue and remain in full force and effect. The total duration of this Agreement, including the exercise of any option under this paragraph, shall not exceed six (6) years. 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 3 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. ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. 4 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. Section 4.5 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Requirements for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. Section 4.7 Successors and Assigns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: To CONTRACTOR: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Dennis Canright Interwest Consulting Group 1613 Santa Clara Drive, Ste 100 Roseville, CA 95661 Attn: Ron Beehler 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. 5 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 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 6 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. Section 4.15 Captions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Section 4.16 Integration and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. Section 4.17 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 Severability The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. 7 Section 4.20 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Federal Transit Funding Conditions If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST: CITY OF LODI, a municipal corporation JENNIFER M. FERRAIOLO STEPHEN SCHWABAUER City Clerk City Manager APPROVED AS TO FORM: INTERWEST CONSULTING GROUP JANICE D. MAGDICH, City Attorney By: By: Name: RON BEEHLER Title: CBO Attachments: Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements Exhibit D — Federal Transit Funding Conditions (if applicable) Funding Source: 27081000.72450 (Business Unit & Account No.) Doc ID:CDD - CA:Rev.01.2015 8 Section C Scope of Services We have reviewed the Scope of Services for Building Plan Review, Building Inspection, Fire Plan Review and Fire Inspection Services and are prepared to provide such services to the City of Lodi. In the following pages you will find our procedures and processes as it relates to providing plan check services and field inspection services. Building and Safety Plan Review It is critical that projects flow quickly and smoothly through the regulatory approval process. We fully understand this critical component. You'll find our people are ready to assist with solutions and recommendations that are specific to your needs. We will provide complete combination plan review or partial review of specific disciplines such as structural only plan review as directed by the City. All plans examination services will be performed under the direction of a licensed Civil or Structural Engineer and/or an ICC certified Plans Examiner with CASp certification as necessary for the specific project. For more complex projects and when needed to meet peak workload demands, additional support will be provided from our regional offices for plan review services. Our plans examiners understand and are intimately familiar with applicable building codes and plan review procedures and policies complicated plan review issues. Plans will be checked for conformance with the latest adopted version of the California Building Codes, City Ordinances, Design Guidelines, City Policies, City Engineering Standards and Tentative Maps as well as all other applicable amendments, ordinances and Conditions of Approval. and will readily assist with solutions to Plan review services will include plan review of any and all types of projects including, but not limited to, single family dwellings, multiple -family dwelling units, commercial and industrial buildings for compliance with all local ordinances including Cal Green as mandatory and state and federal laws that pertain to building and safety, and for compliance with the adopted Building Code, adopted Plumbing Code, adopted Electrical Code, adopted Mechanical Code, adopted Fire Code and the accessibility and Noise and Energy Conservation requirements as mandated by state Title 24, state Water Efficient Landscape Ordinance, CASP compliance and all other applicable ordinances. Our staff will work with project applicants in a collaborative and professional manner to quickly identify and resolve any violations of codes, standards or local ordinances. We will provide thorough plan reviews in an effort to provide complete and accurate construction documents to minimize questions and problems during the construction phase of projects. Upon completion of each review, the project documents and an electronic copy of the plan review comments will be returned to the City of Lodi. Upon completion of our final review, two sets of submitted documents bearing Interwest Consulting Group's plan review stamps and a final letter recommending the City's approval of the documents will be returned to the City of Lodi for final review and permit issuance. Code Interpretations Code interpretations are subject to final review and approval by the Building Official and/or City designated staff. Interwest Consulting Group's engineers and plans examiners will provide unbiased recommendations and background information to help the Building Official make an informed decision. All plan review comments are subject to review and approval by the City Building Department. Interwest Consulting Group 1 www.interwestgrp.com Page 14 Transporting Plans Interwest Consulting Group will arrange for all pick-up and delivery of plan review documents from the City at no cost. Interwest uses varied methods of pick-up and delivery with the goal of providing same-day service. Maximum Proposed Turnaround Time for Building Plan Check Listed below are the typical timeframes in which we consistently complete plan reviews. However, we will work with the City to establish a turn -around schedule the best suits the City of Lodi. For large complex plan reviews turnaround timeframes may need to be negotiated with the City prior to commencing work. Type of Job Maximum Turn Around Time First Check Re -Check Residential 10 Working Days 5 Working Days Commercial 15 Working Days 10 Working Days Special Projects Interwest Consulting Group is able to accommodate special project plan review needs such as fast-track, multi - phased, or accelerated plan reviews. We establish project specific turn -around goals and procedures with jurisdiction staff for these types of projects based on the complexity of the projects as well as the construction schedule. lnterwest Consulting Group's staff of engineers and plans examiners will work with the City of Lodi as well as with applicants and designers to resolve all plan review issues. Our staff will deal directly with applicants and their designers during the plan review process to resolve all issues. Interwest Consulting Group will furnish assigned personnel with all materials, resources and training necessary to conduct plan reviews, including a current copy of the applicable City's amendments, policies, procedures and forms. Communicating Plan Review Results Plan reviews will consist of written comments in electronic format as directed by the City. Plan review letters will be sent to the City and applicant at the completion of each review or as directed by the City. Specifically, plan reviews, when not immediately approved, will result in lists of comments referring to specific details and drawings, and referencing applicable code sections. Interwest Consulting Group will provide a clear, concise, and thorough comment letter from which clients, designers, contractors, and owners can work. Comment letters are delivered to our clients and other designated recipients via email, FAX, and/or reliable overland carrier. If requested, Interwest Consulting Group will transmit plan review comments and coordinate re -checks directly to the applicant as required and completed plan review documents ready for approval will be returned to the City for final approval. Plan Review Letters At the completion of each review cycle, lnterwest Consulting Group will provide a clear, concise plan review letter indicating all discrepancies noted during the plan review. The specific locations and code references of the noted discrepancies will be incorporated in the plan review letters. Plan review letters will be completed in the format required by the City of Lodi. After each plan review cycle, a hardcopy and electronic copy of the completed plan review letters, along with the reviewed documents; will be submitted to the City of Lodi for their review and distribution to the applicant. After all plan review issues have been resolved, lnterwest Consulting Group will provide a "final letter", included with two copies of the final construction documents to the City of Lodi for their final review and approval. This final letter will specify the following information: ✓ Project Address and Location Interwest Consulting Group 1 www.interwestgrp.com Page 15 ✓ Plan Status ✓ The City of Lodi's Permit Number ✓ Interwest Consulting Group's Project Number ✓ A List of All Documents being Returned to the City of Lodi In addition, the approval letter will document all red -marked revisions made to the documents by our staff, (with the approval of the project designers) and specify any and all conditions of approval that need to be completed by the applicant prior to final approval by the City. On -Site Consultant Services & Meeting Attendance Our staff is available for pre -construction or pre -design meetings, field visits, contacts with the design team, and support for field inspection personnel as needed. With some reasonable limitations, pre -construction and pre -design meetings associated with projects that we plan review are considered part of the plan review service. Electronic Plan Check Services Interwest Consulting Group currently provides electronic plan review services for multiple jurisdictions. We have found the jurisdictions with whom we work, including their respective customers, have a wide range of needs and expectations regarding electronic plan review and permitting services. We have worked with some clients to develop electronic plan review systems utilizing several of the open market software applications and hosting sites available. We have found jurisdictions that have primarily light commercial and residential development, simply need access to our FTP site to allow their Applicant's to upload digital content directly to our staff. We will work with the city to develop an electronic plan review systems that meets the needs of the city utilizing our FTP site or other method tailored to the City's specific needs. Creating a system tailored to the needs of the individual client utilizing readily available software allows for the customization of the system to easily integrate the electronic plan review system with the needs of other departments. With the plethora of commercially available FTP sites available for electronic file hosting there is no longer a need for agencies to purchase or lease expensive proprietary systems. Plan Review Tracking Method & Billing Process Our staff has experience working with most project tracking databases utilized by building departments. Our staff will update electronic records and make project related database entries as directed by the City. We will create and maintain a Jurisdiction File containing our research on any unique amendments or specifications required by your jurisdiction, billing arrangements, contact information and any special requests you would like us to keep in mind. Interwest Consulting Group uses a custom-designed database to maintain and track all plans throughout the review process from the moment you request a pick-up and/or shipment to delivery of the final, approved documents. Information such as project name, City's project number, assigned plan reviewer(s), date documents were received, plan review cycle and completion date for current review can be provided. In addition to standard phone communication, custom reports can be emailed In addition, we can provide online tracking for the City with a custom-designed web template geared to provide any reporting and information needs required. Our staff is available during normal business hours to answer questions via phone or email regarding the actual plan review in progress. We maintain active email accounts and our staff will be responsive to any City or applicant needs. If we cannot speak directly to a caller, we will return calls no later than 24 hours. Interwest Consulting Group 1 www.interwestgrp.com Page 16 Customer Service Our company emphasizes superior customer service to all of our employees. We take an out-of-the-box approach to performing our duties, always willing to meet with clients for pre -design meetings, pre -submittal meetings or as needed to resolve complex code related plan review issues in the most efficient manner possible. In addition, the staff at Interwest brings a can -do attitude to their work—always focused on efficient plan review processes and successful project outcomes. Interwest Consulting Group's engineers, architects, plans examiners and inspectors understand the importance of providing superior customer service to applicants, contractors and designers. Our philosophy is to provide our services in a professional, courteous and collaborative manner. We encourage our staff to work as part of the project team to insure successful project outcomes. Project Controls The services we provide are always closely coordinated and monitored to ensure we meet or exceed the service levels desired by the City, but also stay within the financial capacity of your operating budget. We have broad experience and "hands on" knowledge of municipal budgeting, specifically related to expenditures and cost recovery associated with private development processing and permitting. We will work in close partnership with the City, tailoring our services and deployment of staff to match the allocated budget. A crucial project control involves generating timely invoices tailored to City's needs. We closely track all operations at each location monitoring project timesheets, invoices, as well as project (plans) tracking via a customized database with routine oversight by the assigned manager. This critical information keeps us within budget, provides knowledge of when to staff up or down, and ensures all projects are reviewed and returned in a timely manner. Technical Capabilities in Plan Check Areas CASp Interwest Consulting Group has CASp certified staff knowledgeable of state and federal accessibility laws and regulations and possesses the expertise necessary to promote access to facilities for persons with disabilities. We offer support to municipalities for compliance enforcement and/or developing a transition plan, and successfully partner with the disabled community to address the needs and requirements for both entities. We can assist municipal departments, government agencies and local communities to explain various issues relating to access compliance, such as access compliance obligations, transition planning, construction costs, construction phasing, code/law 'interpretation,' hardship and code/law changes. Green Building Standards Our staff is familiar with the incorporation of CalGreen building concepts into project designs and its potential impact from the building code. In addition, staff members have participated in the development of various "green" standards for super adobe, rammed earth, and straw bale construction, to name a few. We have also reviewed "straw bale" constructed homes. LEED Developed by the US Green Building Council (USGBC), LEED provides building owners and operators a framework for identifying and implementing measurable green building design, construction, operations and maintenance solutions. LEED certification consists of a number of different rating systems that apply to many building types— commercial as well as residential and measures how well a building performs across many sustainability metrics including: energy savings, water efficiency, CO2 emissions reduction, improved indoor environmental quality, and stewardship of resources and sensitivity to their impacts. Whether your jurisdiction projects are new construction or renovation, energy efficient roofing, water run-off management and renewable energy are all important points to consider, Interwest Consulting Group helps make it easy. Interwest Consulting Group 1 www.interwestgrp.com Page 17 T24 Energy Our engineers and plan reviewers are up to date on all California Energy requirements as they relate to both new and remodel construction on large commercial projects to small residential additions. Architectural Interwest Consulting Group's non-structural plans examiners furnish plan review services for a vast array of projects including large commercial, institutional, industrial, retail, OSHPD 3 medical office buildings, and residential projects. Completed plan review projects range from single -story residential projects to complex high rise buildings and numerous building additions and remodels. We are experienced and familiar with the use and application of the most current additions of the following model codes: ✓ California Code of Regulations, Title 24, ✓ ANSI Standards Parts 1 through 6 and 9. ✓ NFPA Codes & Standards ✓ International Building Code (IBC) ✓ CA Code of Regulations Titles 19 and 25 ✓ Americans with Disabilities Act Standards for Accessible Design Structural Our structural engineers will verify that structural designs are in compliance with applicable model codes, submitted Geotechnical Report findings and recommendations, and the Ground Motion Hazard Analysis recommendations for design and construction. Our structural engineers have experience designing and reviewing projects utilizing virtually all building materials including: ✓ Wood ✓ Masonry ✓ Light Gauge Steel ✓ Concrete ✓ Steel ✓ Straw Bale Our structural engineers have designed or reviewed a wide array of structural systems including: ✓ FEMA Compliant Steel Moment Frames ✓ Buckling Restrained Braced Frames Energy Dissipation Systems ✓ Eccentric Braced Frames ✓ Concentric Braced Frames ✓ Numerous Proprietary Lateral Force Resisting Systems ✓ Concrete Moment Frames ✓ Wood Shearwall Systems ✓ Masonry Shearwall Systems ✓ Concrete Shearwall Systems ✓ Cantilevered Column Systems ✓ Pre -Stressed / Post -Tensioned Concrete Our structural engineers are experienced with the provisions of most model codes including current versions of: ✓ Title 24, Part 2, Volume 2, California Code of Regulations (CCR) ✓ International Building Code (IBC) ✓ ASCE 7-10 ✓ CA Historic Building Code ✓ CA Existing Building Code ✓ NEHRP ✓ AISC 341 & 360 ✓ ACI ✓ FEMA 350, 351 & 353 ✓ ANSI/AF & PA NDS Mechanical, Plumbing & Electrical Interwest staff is well versed in the California Mechanical, California Plumbing and the California Electrical codes. We review submitted design documents to ensure compliance with the City codes. We have made the transition to the newly -adopted codes and currently review for those codes as required. All staff is licensed and/or certified in the Interwest Consulting Group 1 www.interwestgrp.com Page 18 State of California. We will review submitted design documents to ensure compliance to the current edition of the following codes: ✓ California Building Code ✓ California Electrical Code ✓ California Plumbing Code ✓ Jurisdiction -Adopted Amendments or ✓ California Mechanical Code Ordinances Other review services are provided based on current editions of local or national standards such as: ✓ International Building Code ✓ NFPA Standards 20 (fire pumps) ✓ International Residential Code ✓ NFPA Standards 72 (fire alarms) ✓ International Mechanical Code ✓ NFPA Standards 99 (medical gases) ✓ International Plumbing Code ✓ NFPA 101 Life Safety Code ✓ NFPA Standards 13 (automatic fire ✓ FEMA & NEHRP Requirements for sprinkler systems) Existing Buildings ✓ NFPA Standards 14 (standpipes) ✓ CA Energy Code Building and Safety Inspection Service Interwest Consulting Group's staff of inspectors have performed inspection services on a wide variety of construction projects including many large custom homes, new residential developments, commercial, institutional, essential service buildings and industrial projects such as power plants and electrical wind turbines. When necessary for large or fast-track projects, multiple inspectors are available. We will provide our inspectors with all tools, reference materials, and equipment needed for performance of their duties. We understand that personality and customer service is crucial to on-the-job success, therefore, we will select inspectors who are well versed in customer service and skilled in dealing with people both at the public counter and in the field. All inspection personnel assigned will be able to read, understand and interpret construction documents, truss drawings and calculations, prepare and maintain accurate records and reports, communicate effectively orally and in writing and work effectively with contractors, the public and jurisdiction staff. Staff assigned will contact the Building Official, or other designated staff, for interpretations, local ordinances, local preferences, alternate materials and exceptions/alternates to the model codes. They will report directly to the jurisdiction Building Official or other person designated for all project -related work. lnterwest strives to proactively resolve any conflicts in interpretations or other issues that may arise during a project. Staff will partner with the Building Official or other designated staff to resolve any conflicts between the project inspector(s) and contractors early in the process to avoid costly delays. Fire Plan Review Services Interwest Consulting Group's staff of Fire Protection Engineers and ICC Certified Fire Plans Examiners have years of experience providing fire plan review and inspection services for jurisdictions throughout California. The staff in our Fire Division have years of experience working in fire departments providing fire prevention, fire suppression and fire plan review services. We will review submitted residential and commercial design documents to ensure compliance to the current edition of the following codes, standards and regulations: Interwest Consulting Group 1 www.interwestgrp.com Page 19 ✓ California Fire Code (CFC) ✓ California Building Code (CBC) ✓ Local amendments an policies related to the CFC and CBC ✓ Adopted National Fire Protection Standards ✓ California Health and Safety Code ✓ Appropriate listings (CSFM, U.L., etc.) as directed ✓ Fire Department Standards ✓ National Fire Protection Referenced Standards pursuant to the above Codes ✓ Municipal, State or Federal regulations enforced by the City We understand that the City will request plan review services with emphasis on fire prevention, fire protection and life safety for a variety of plan review types including the following: ✓ Underground Fire Piping ✓ Fire Alarm Systems ✓ Flow and Tamper Alarm Systems ✓ New Building Plans ✓ Fire Sprinkler Systems ✓ Tenant Improvements ✓ Underground Fire Systems Interwest Consulting Group's staff of Fire Plans Examiners and Fire Protection Engineers will: ✓ Work with the City to complete all plan review assignments within the designated timelines ✓ Be available and work collaboratively with applicants and designers to resolve all fire plan review issues ✓ Pick-up and deliver all plans to be reviewed from the City's Office ✓ Be available to meet with City personnel to discuss review and project comments ✓ Possess all necessary and current licenses and certifications to include, but not limited to, ICC or CSFM certification as fire plans examiners and/or Fire Protection Engineer ✓ Have detailed knowledge of the latest applicable Local, State and Federal regulations ✓ Provide a written comment letter that indicates the necessary corrections noted during the plan review Interwest Consulting Group will furnished assigned personnel with all materials, resources and training necessary to conduct fire plan reviews, including a current copy of applicable City amendments, Department standards, policies, procedures and forms. We will contact the City's representative with any questions or if alternative arrangements are requested. Maximum Proposed Turnaround Times for Fire Plan Check We consistently complete plan reviews within the timeframes listed below as our standard business practice. We work hard to accommodate any turn -around schedule desired by the City. The turn -around time for fire check plan reviews will begin the day we receive the plans in our office. Interwest will furnish the following turnaround: Maximum Turn Around Time for Fire Check Plan Review Services First Check Re -Check 10 Working Days 5 Working Days Plan review cycle times for very large and/or complex projects will be negotiated on an individual project basis. Interwest Consulting Group 1 www.interwestgrp.com Page 20 Our engineers and plans examiners will work with the City on these types of projects to determine a cycle time that meets the needs of the applicant and the City of Lodi. We will immediately contact the City if the stipulated plan review cycle schedule is exceeded or expected to be exceeded. Communicating Fire Plan Review Results Fire plan reviews, when not immediately approved, will result in lists of comments in the format required by the City of Lodi referring to specific details and drawings, and referencing applicable code sections. Interwest will provide a clear, concise and thorough document (i.e., comment list) from which clients, designers, and owners can work. Interwest Consulting Group's plans examiners and staff will conduct and coordinate all communications with the City of Lodi representatives. Upon completion of each plan review iteration, Interwest Consulting Group will provide an electronic and hard copy of the plan review comments to the City of Lodi and to the applicant, designers or contractor as instructed. In addition, Interwest will return all documents to the City of Lodi after each plan review iteration. If it becomes apparent that a plan review will not be approved after the second review cycle, Interwest will immediately contact the City to determine the next course of action. Our staff will be available to meet with the applicant, designers, contractors and City of Lodi staff as required to resolve all outstanding issues in these circumstances. Plan approval shall not be recommended for approval to the City until all code compliance issues are resolved and all permit issuance requirements of the City are satisfied. After all plan review issues have been resolved, we will deliver a minimum of two (2) complete sets of approved documents to the City that bear Interwest's plan review stamps for the City's use and distribution, along with a final letter recommending the project for approval. Interwest will not contact the applicant when plans are approved. We understand that the City will notify the applicant when the permit is ready to be issued. This final letter will specify the following information: ✓ Project Address and Location ✓ Plan Status ✓ The City's Permit Number ✓ Interwest Consulting Group's Project Number ✓ A List of All Documents Returned to the City of Lodi Transporting Plans Interwest will pickup and deliver plan review documents from and to the City of Lodi's office with no additional cost to the City. Fire Code Interpretations Code interpretations are subject to final review and approval by the Fire Marshal. Interwest Consulting Group's engineers, plans examiners, and inspectors will provide unbiased recommendations and background information to help the Fire Marshal make an informed decision. All plan review comments are subject to review and approval by the City. Fire Inspection Services Interwest staff will provide fire inspections to verify compliance with California Building and Fire Codes and jurisdictional amendments. Assigned staff will perform inspection services, as needed, to verify that the work of construction is in conformance with the approved project documents as well as identifying issues of non-compliance with applicable building and fire codes. Our field inspection services will include site inspections and writing legible and understandable correction and violation notices and field reports. In addition, we will be available to answer in-person or telephone inquiries. Interwest Consulting Group 1 www.interwestgrp.com Page 21 We understand that municipal codes may be frequently updated, so we will ensure that the projects we are inspecting are compliant with current code requirements. More specifically, we will ensure compliance with Title 24 California Building Codes, parts 2, 2.5, and 9 - covering fire prevention, life safety, mechanical and electrical installations (as related to fire and life safety) in residential, commercial, industrial, existing and historical buildings. Interwest's staff of ICC Certified Inspectors and Fire Protection Engineers have performed both building and fire inspection services on a wide variety of construction projects including industrial, commercial, institutional, assembly, essential service buildings and new residential developments and large custom homes. Interwest's fire inspectors will provide field inspections including site inspections of projects to verify conformance with approved drawings and specifications, which will include review of the permit documents to verify that onsite conditions are consistent with the approved documents for applicable conditions. Our fire inspectors are able to read, understand and interpret construction documents, fire sprinkler plans, fire alarm and fire and life safety building features, prepare and maintain accurate records and reports, hold office hours, communicate effectively orally and in writing and work effectively with contractors, the public and fire division staff. Our inspectors will possess knowledge of approved and modern methods, materials and tools used for building and fire inspections and possess knowledge of the most current building and fire standards. Interwest retains inspectors who are motivated to achieve the highest level of experience and certification. We work hard to match your jurisdiction's level of safety and code compliance and understand that personality and customer service is crucial to on-the-job success. We have selected inspectors who are well versed in customer service and skilled in dealing with people both at the public counter and in the field. All Interwest inspectors are ICC certified. At the completion of inspections, Interwest's inspectors will complete all necessary jurisdictional forms and documents as required to provide seamless service, and will provide to the City of Lodi one (1) hard copy of the inspection documentation provided to applicants. Interwest Consulting Group will provide all equipment, tools, materials, resources and training necessary to perform inspection services. Subcontractors Interwest Consulting Group employs a full time staff of Structural Engineers, Civil Engineers, Mechanical Engineers, Electrical Engineers, Fire Protection Engineers, ICC Plans Examiners, ICC Inspectors, ICC Fire Plans Examiners and ICC Fire Inspectors, therefore Interwest Consulting does not currently use subcontractors for any portion of the work performed for the City of Lodi. Interwest Consulting Group 1 www.interwestgrp.com Page 22 Section E Fee Schedule Plan Review Services For complete plan review services for projects reviewed in our offices, we propose a fee equal to 65% of the plan review fees based on your adopted fee schedule. Plan review services will include an initial first review and two back check reviews of the plans and associated documents. Any additional plan review services required beyond the third review will be billed at our hourly rates listed within the Schedule of Hourly Billing Rates shown below. For in-house services, we propose utilizing the hourly rates listed within the Schedule of Hourly Billing Rates for the specific classification utilized for services. We are willing to negotiate a mutually acceptable fee for large projects and special projects on a case-by-case basis. For structural only and other partial reviews such as foundation only, preliminary reviews or others, we propose to negotiate a mutually agreeable fixed fee based on the specific services requested, or provide services on an hourly basis using the rates listed in our Schedule of Hourly Billing Rates shown below. Fire Plan Review Services Fire sprinkler and fire alarm plan review services can be provided on an hourly basis and charged per our Schedule of Hourly Billing Rates shown below. Building and Fire Inspection Services Inspection services, when requested, can be provided at the hourly rates listed in our Schedule of Hourly Billing Rates. There is a minimum 4 -hour daily inspection charge for all on call inspection services. Free Pick Up & Delivery There is no charge for courier or shipping services. Expedited Plan Review Services We can provide expedited or fast-track plan review services. Timeframes for performance of expedited or fast-track plan review services along with a fixed fee for such projects will be negotiated on a case-by-case basis dependent on the scope and complexity of the project at hand. Schedule of Hourly Billing Rates CLASSIFICATION HOURLY BILLING RATE Licensed Engineer Plans Examiner(Struc., Mech., Elect.) $ 130 Senior Plans Examiner 95 Fire Protection Engineer 130 Fire Plans Examiner 95 CASp 100 Permit Technician 60 Building and Fire Inspectors 70-95 Mileage: Mileage for services provided will be charged at the current IRS mileage rate while inspection services are being performed. Overtime: Inspection Services provided in excess of eight hours per day, nights and weekends will be charged at 125% of the noted rate. Interwest Consulting Group 1 www.interwestgrp.com Page 25 EXHIBIT C Insurance Requirements for Contractor The Contractor shall take out and maintain during the life of this Agreement, insurance coverage as listed below. These insurance policies shall protect Contractor and any subcontractor performing work covered by this Agreement from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from Contractor's operations under this Agreement, whether such operations be by Contractor, or by any subcontractor, or by anyone directly or indirectly employed by either of them, and the amount of such insurance shall be as follows: 1 COMPREHENSIVE GENERAL LIABILITY $2,000,000 Each Occurrence $4,000,000 General Aggregate 2. COMPREHENSIVE AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit Such insurance shall cover liability arising out of any vehicle (including, owned, hired and non -hired vehicles) operated in performing any and all services pursuant to this Agreement. Coverage shall be written on ISO form CA 00 01 12 90, or a later version, that provides liability coverage at least as broad as this form. 3. PROFESSIONAL LIABILITY 1 ERRORS AND OMISSIONS $2,000,000 Each Occurrence $4,000,000 General Aggregate All limits are to be designated strictly for the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. All deductibles or self-insured retentions (SIR) must be disclosed to City's Risk Manager for approval and shall not reduce the limits of liability set forth hereinabove. Insurance policies containing any deductible or SIR provision shall provide, or be endorsed to provide, that the deductible or SIR may be satisfied by either the Named Insured(s) or the City of Lodi. It is required that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth above, shall be available to City as an additional insured Furthermore, the requirements for coverage and limits shall be (i) the minimum coverage and limits specified in these insurance requirements; or (ii) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the Contractor; whichever is greater. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). A copy of the certificate(s) of insurance with the following endorsements shall be furnished to the City: (a) Additional Named Insured Endorsement Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or a later version, that provides liability coverage at least as broad as this form) such insurance as is afforded by this policy shall also apply to the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers as additional named insureds. An additional named insured endorsement is also required for Auto Liability. (b) Primary and Non -Contributory Insurance Endorsement Additional insurance coverage under the Contractor's policy shall be "primary and non-contributory" and will not seek contribution from City's insurance or self-insurance and shall be at least as broad as ISO form CG 20 01 04 13. (c) NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) 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. Waiver of Subrogation Include a waiver of subrogation against the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. A waiver is required for General Liability and Auto Liability Page 1 I of 2 pages Risk: rev.03 2016 Insurance Requirements for Contractor (continued) (d) Limits of Coverage The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance of Contractor shall contain, or be endorsed to contain, a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect the City as a named insured (e) Completed Operations Endorsement For three years after completion of project, a certificate of insurance with a Completed Operations Endorsement, CG 20 37 07 04, will be provided to the City of Lodi. (f) (g) Severabilitv 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. 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. (h) Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. (i) Failure to Comply If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1St) day of the month following the City's notice. Notwithstanding and 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. (j) Qualified Insurer(s) All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. Workers Compensation Insurance The Contractor shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all of Contractor's employees employed at the site of the project and, if any work is sublet, Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employees engaged in hazardous work under this Agreement at the site of the project is not protected under the Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide insurance for the protection of said employees. A waiver of subrogation is required for workers compensation insurance. This policy may not be canceled nor the coverage reduced 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. NOTE: The City reserves the right to obtain a full certified copy of any insurance policy or endorsements required. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. Page 21 of 2 pages Risk: rev.03.2016 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on , 20 , by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and BUREAU VERITAS (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 BUILDING CODES PLANS EXAMINING, BUILDING INSPECTION, FIRE CODE PLANS EXAMINING AND FIRE CODE INSPECTION SERVICES (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A. Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services. CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services. CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR's contract performance period. Also, any delays due to 1 weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meetings CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffing CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.5 Subcontracts Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 Term The term of this Agreement commences on September 1, 2016 and terminates upon the completion of the Scope of Services or on October 31, 2018, whichever occurs first. Section 2.7 Option to Extend Term of Agreement At its option, City may extend the terms of this Agreement for an additional two 2 (2), two (2) -year extensions; provided, City gives Contractor no less than thirty (30) days written notice of its intent prior to expiration of the existing term. In the event City exercises any option under this paragraph, all other terms and conditions of this Agreement continue and remain in full force and effect. The total duration of this Agreement, including the exercise of any option under this paragraph, shall not exceed six (6) years. 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 3 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. ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. 4 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. Section 4.5 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Requirements for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. Section 4.7 Successors and Assigns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Dennis Canright To CONTRACTOR: Bureau Veritas 180 Promenade Cr., Suite 150 Sacramento, CA 95834 Attn: Craig Baptista 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. 5 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 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 6 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. Section 4.15 Captions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Section 4.16 Integration and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. Section 4.17 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 Severability The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. 7 Section 4.20 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Federal Transit Funding Conditions ❑ If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST: CITY OF LODI, a municipal corporation JENNIFER M. FERRAIOLO STEPHEN SCHWABAUER City Clerk City Manager APPROVED AS TO FORM: BUREAU VERITAS JANICE D. MAGDICH, City Attorney By: Attachments: Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements Exhibit D — Federal Transit Funding Conditions (if applicable) By: Name: CRAIG BAPTISTA Title: Director of Operations Funding Source: 27081000.72450 (Business Unit & Account No.) Doc ID:CDD - CA:Rev.01.2015 8 BUREAU EMMEN Building Department Plan Review BVNA personnel have performed and managed plan review for literally thousands of projects. Project types include high-rise hotels and office buildings, institutional occupancies such as jails, shipping facilities, room additions, single-family tract and custom homes, tilt -up shells, tenant improvements, and infrastructure (roads, wet and dry utilities, etc.). Our staff has considerable review experience of virtually any structure requiring permits, plan reviews, and inspections. With such a large and licensed plan review staff, we are able to manage numerous and complex projects simultaneously. We are able to provide discipline -specific plan reviews (e.g., structural, mechanical/plumbing, electrical, fire, access, street, drainage, map, civil infrastructure, etc.). We are the largest plan review firm in the United States, providing full service code consulting and plan review services. Our team provides plan reviews for compliance with a variety of codes, including the California Building, Plumbing, Electrical, Mechanical, Fuel Gas, Energy Conservation, Fire and the National Electric Codes as adopted by the City. We have specific experience working through a variety of challenges including, but not limited to, infill commercial development, adaptive reuse and change of occupancies of existing buildings, retrofit of un -reinforced masonry or soft -story buildings, large commercial shopping centers and mixed-use multi -family developments, live -work projects and high tech, research and development facilities. We are able to offer the following plan review services to the City of Lodi: • Architectural, fire and life safety plans examination • Structural plans examination • Energy code plans examination • Accessibility requirements Mechanical, plumbing and electrical code plans examination • Review and approval of alternative materials, alternative design and methods of construction • Fire plan review • Civil plans examination • Green building and LEED consulting Plan Review Turnaround Times At your request, BVNA can provide plan review activities on a fast-track basis. Turnaround times for each submittal will relate to the size and nature of the project and its impact on the construction schedule. To reduce turnaround times for plan review, we can use electronic submittals, phased submittals, conference calling, and videoconferencing. BVNA has built long-term partnerships with agencies. We understand that accuracy, efficiency, and integrity in all aspects of professional services are required. Testimony to our professional excellence is the fact that we have provided services to many of our municipal clients since their incorporation. Because of our large pool of accessible resources we are able to assemble experienced personnel in order to help with project schedule recovery when necessary. Our team will maintain efficient turnaround times on all reviews as a key measurement of our performance for our plan review services. The following schedule is representative of the review times associated with the type of construction you can anticipate. 180 Promenade Circle, Suite 150 Sacramento, CA 95834 T 916.725.4200 F. 916.725.8242 23 BUREAU IMMO Typical turnaround times for building plan review are as follows: *Turnaround times for unusually complex or large projects can be negotiated BVNA will also accommodate preliminary reviews to facilitate fast tracked or accelerated projects. This will aid with timely turnaround and create good public relations. If applicants include designs that do not conform to the prescriptive requirements of the codes, the City's designee will have final approval over the plan being reviewed. Our staff will make recommendations for the resolution if requested. We are also available to meet with agency staff or others as needed to discuss our findings. Third Party Plan Review and Inspection Supplementing the development community to provide exceptional customer service and expertise Rapid development can be overwhelming to building departments and can cause schedule delays for developers, contractors, and design -build teams. Although public agencies are dedicated to providing a high level of customer service while ensuring the integrity of design and construction, their staff becomes overloaded and unable to keep the development moving forward efficiently. Third party plan review and inspection enables BVNA to supplement the local authority having jurisdiction on a project -by -project basis, at the applicant's expense. This is an optional method to accomplish the plan review for applicants that desire preliminary plan reviews or have expediting needs due to project time constraints. This method allows the designer to work with plan review staff early in the design process to avoid code problems that could lead to extensive redesign of completed plans. It also allows the permit applicant to pay for review services directly to BVNA, independent of the normal City plan review fee. With approval of the building official, our team can provide third -party plan reviews/inspections by allowing an applicant to provide payment directly to BVNA for our plan review fee or inspection costs. This program is utilized by many public agencies, developers, contractors, and project management firms to help promote economic development, keep projects on track, expedite projects, etc. BVNA teams with cities, counties, developers, contractors, project managers, design -build teams, and other members of the development community to provide a high level of customer service, experience, and technical expertise. We have provided third party plan review and inspection services for thousands of projects throughout the United States. 180 Promenade Circle, Suite 150 Sacramento, CA 95834 T 916.725.4200 F. 916.725.8242 24 Initial Check (working days) 7 Recheck (working days) 5 Expedited Initial Review 5 Expedited Recheck 3 Commercial TI Residential addition and/or accessory building 7 5 5 3 New Residential 10 7 7 3 New Commercial 10 7 7 3 Complex, large, or unusual project * *Turnaround times for unusually complex or large projects can be negotiated BVNA will also accommodate preliminary reviews to facilitate fast tracked or accelerated projects. This will aid with timely turnaround and create good public relations. If applicants include designs that do not conform to the prescriptive requirements of the codes, the City's designee will have final approval over the plan being reviewed. Our staff will make recommendations for the resolution if requested. We are also available to meet with agency staff or others as needed to discuss our findings. Third Party Plan Review and Inspection Supplementing the development community to provide exceptional customer service and expertise Rapid development can be overwhelming to building departments and can cause schedule delays for developers, contractors, and design -build teams. Although public agencies are dedicated to providing a high level of customer service while ensuring the integrity of design and construction, their staff becomes overloaded and unable to keep the development moving forward efficiently. Third party plan review and inspection enables BVNA to supplement the local authority having jurisdiction on a project -by -project basis, at the applicant's expense. This is an optional method to accomplish the plan review for applicants that desire preliminary plan reviews or have expediting needs due to project time constraints. This method allows the designer to work with plan review staff early in the design process to avoid code problems that could lead to extensive redesign of completed plans. It also allows the permit applicant to pay for review services directly to BVNA, independent of the normal City plan review fee. With approval of the building official, our team can provide third -party plan reviews/inspections by allowing an applicant to provide payment directly to BVNA for our plan review fee or inspection costs. This program is utilized by many public agencies, developers, contractors, and project management firms to help promote economic development, keep projects on track, expedite projects, etc. BVNA teams with cities, counties, developers, contractors, project managers, design -build teams, and other members of the development community to provide a high level of customer service, experience, and technical expertise. We have provided third party plan review and inspection services for thousands of projects throughout the United States. 180 Promenade Circle, Suite 150 Sacramento, CA 95834 T 916.725.4200 F. 916.725.8242 24 BUREAU EMMEN Building Inspection BVNA can provide inspection services for a single project that presents unique complexities due to its construction or size, or we can provide enough staff to handle all inspection services for an entire jurisdiction. Our building inspection services can be adjusted to provide a high level of coordination specifically suited to the design -build concept. Our inspectors are ICC certified and have extensive experience in the construction trades as well. Fast-track projects may be built into small phases based on incremental design and fabrication steps. In such cases, our inspection team keeps daily logs to track corrections and plan review changes. BVNA's inspection teams also provide on-call building inspection services to cover staff vacation time, peak work loads, specialized inspection activities, and any other situations that may arise. These activities may include next -day inspections and same-day response to important or urgent requests. BVNA will provide the client with ICC certified personnel to provide the following services: 1. Read and study project specifications, plans, and drawings to become familiar with project prior to inspection, ensuring that structural or architectural changes have been stamped as approved by appropriate authority and recognizing the need for and requiring plan checks for electrical, plumbing, and mechanical code requirements. 2. Perform and document inspections on construction projects to determine that all aspects of the project such as foundations, building, electrical, plumbing, and mechanical systems conform to the applicable building codes, zoning ordinances, energy conservation, and disabled access requirements including known local, city, state, and federal requirements. 3. Review plans for building construction, plumbing, electrical, and mechanical details prior to making inspection. 4. Bring to the attention of the City for approval of certain changes in building, plumbing, mechanical, electrical, and related work consistent with code and ordinance requirements. 5. Participate in reviews with fire, health, and other government agency inspectors, as well as owners. 6. Maintain a record of non -complying items and follow up to resolution of such items. 7. Upon request, we will inspect existing buildings for substandard, unsafe conditions. Fire Plan Review Our staff will consult closely with the Fire Chief/Fire Marshal or their designated representative on any areas which require code interpretation or where alternate methods are being proposed and considered. Our proposed fire plan review engineers have specific experience working through multiple types of facilities to ensure compliance with applicable codes, standards, and amendments, including CFC, CBC, the Adopted National Fire Protection Standards, the California Health & Safety Codes, CSFM, and U.L. Our experience includes written comments and verbal communication with applicants to better understand requirements and provide direction for compliance, as well as close communication with fire departments to clarify policies, code interpretations, plan review status, and procedures. BVNA staff have reviewed hundreds of projects for fire safety components including NFPA 13, NFPA 72, NFPA 101, etc. Some example projects that our reviewers have worked on include The Village at Bella Terra in Huntington Beach, large distribution warehouse in Patterson, Lifetime Fitness in Roseville, and Sysco Food Services Expansion in Sutter County. Detailed projects are shown in the References section of this proposal All personnel assigned to your project will have available the necessary materials, resources and training to conduct plan reviews, including copies of applicable local amendments, policies, procedures and forms. 180 Promenade Circle, Suite 150 Sacramento, CA 95834 T 916.725.4200 F. 916.725.8242 25 BUREAU IMEIECEI Fire Inspections BVNA can place an experienced fire inspector for a single project, or to augment existing staff, cover staff vacations or other leaves of absences, or we can provide all of the fire inspection on a daily basis. Systems and components we inspect include, but are not limited to: • Fire Sprinklers, including systems beginning at property line, as directed • Fire Pumps • Fire Alarm Systems • Automatic Suppression Systems including Halon, FM200, CO2 • Hoods • Duct Extinguishing Systems • Exits • Emergency Lighting • Voice Evacuation Systems • Fire Permit Inspections Additionally, we can provide annual inspections of all aspects of the fire permit requirements. We can provide inspections annually, biannually, triennially, every five years, or any other length of time as mandated by the adopted codes. 180 Promenade Circle, Suite 150 Sacramento, CA 95834 T 916.725.4200 F. 916.725.8242 26 BUREAU EMMA Schedule of Fees Our pricing reflects our commitment to the success of your project by helping you maintain significant quality and cost saving benefits moving forward. These include: • Reduced plan review turnaround times and quick inspection response time • Commitment to maintain a proposed rate structure for the life of the initial contract period • Highly qualified staff • Confidence of working with a well-established consultant in business for 185+ years • Next day inspections Outside Building Plan Review 65% of the building plan check fees collected by the City of Lodi as noted in the Building Permit Fees Effective July 1, 2013* *Percentage includes the initial check, plus 2 subsequent rechecks. Any additional checks will be at the hourly rates shown below. Hourly rates for personnel Staff Level Classifications Hourly Billing Rate* Senior / Structural Plan Check Engineer $125 M/E/P Plan Check Engineer $110 CASp $115 Plans Examiner $110 Inspector $85 Permit Technician $65 Fire Marshal $140 Fire Protection Engineer/Plans Examiner $125 Fire Inspector $105 *Pricing assumes that this contract is non -prevailing wage - for any prevailing wage projects, BVNA will discuss rates with the City to account for the California Prevailing Wage requirements. *Hourly rates will be utilized for projects exceed three total checks, revisions to approved plans, and in-house positions. Overtime: All Employees classified as "non-exempt" by the U.S. Department of Labor will be compensated at 1-1/2 times salary for overtime hours as per State and Federal wage and hour laws. No overtime will be charged without prior consent. Reimbursables: Reimbursement for employee or company owned vehicles used in connection with the work will be at the current IRS rate. 180 Promenade Circle, Suite 150 Sacramento, CA 95834 T 916.725.4200 F. 916.725.8242 27 EXHIBIT C Insurance Requirements for Contractor The Contractor shall take out and maintain during the life of this Agreement, insurance coverage as listed below. These insurance policies shall protect Contractor and any subcontractor performing work covered by this Agreement from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from Contractor's operations under this Agreement, whether such operations be by Contractor, or by any subcontractor, or by anyone directly or indirectly employed by either of them, and the amount of such insurance shall be as follows: 1 COMPREHENSIVE GENERAL LIABILITY $2,000,000 Each Occurrence $4,000,000 General Aggregate 2. COMPREHENSIVE AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit Such insurance shall cover liability arising out of any vehicle (including, owned, hired and non -hired vehicles) operated in performing any and all services pursuant to this Agreement. Coverage shall be written on ISO form CA 00 01 12 90, or a later version, that provides liability coverage at least as broad as this form. 3. PROFESSIONAL LIABILITY 1 ERRORS AND OMISSIONS $2,000,000 Each Occurrence $4,000,000 General Aggregate All limits are to be designated strictly for the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. All deductibles or self-insured retentions (SIR) must be disclosed to City's Risk Manager for approval and shall not reduce the limits of liability set forth hereinabove. Insurance policies containing any deductible or SIR provision shall provide, or be endorsed to provide, that the deductible or SIR may be satisfied by either the Named Insured(s) or the City of Lodi. It is required that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth above, shall be available to City as an additional insured Furthermore, the requirements for coverage and limits shall be (i) the minimum coverage and limits specified in these insurance requirements; or (ii) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the Contractor; whichever is greater. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). A copy of the certificate(s) of insurance with the following endorsements shall be furnished to the City: (a) Additional Named Insured Endorsement Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or a later version, that provides liability coverage at least as broad as this form) such insurance as is afforded by this policy shall also apply to the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers as additional named insureds. An additional named insured endorsement is also required for Auto Liability. (b) Primary and Non -Contributory Insurance Endorsement Additional insurance coverage under the Contractor's policy shall be "primary and non-contributory" and will not seek contribution from City's insurance or self-insurance and shall be at least as broad as ISO form CG 20 01 04 13. (c) NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) 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. Waiver of Subrogation Include a waiver of subrogation against the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. A waiver is required for General Liability and Auto Liability Page 1 I of 2 pages Risk: rev.03 2016 Insurance Requirements for Contractor (continued) (d) Limits of Coverage The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance of Contractor shall contain, or be endorsed to contain, a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect the City as a named insured (e) Completed Operations Endorsement For three years after completion of project, a certificate of insurance with a Completed Operations Endorsement, CG 20 37 07 04, will be provided to the City of Lodi. (f) (g) Severabilitv 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. 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. (h) Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. (i) Failure to Comply If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1St) day of the month following the City's notice. Notwithstanding and 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. (j) Qualified Insurer(s) All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. Workers Compensation Insurance The Contractor shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all of Contractor's employees employed at the site of the project and, if any work is sublet, Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employees engaged in hazardous work under this Agreement at the site of the project is not protected under the Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide insurance for the protection of said employees. A waiver of subrogation is required for workers compensation insurance. This policy may not be canceled nor the coverage reduced 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. NOTE: The City reserves the right to obtain a full certified copy of any insurance policy or endorsements required. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. Page 21 of 2 pages Risk: rev.03.2016 RESOLUTION NO. 2016-164 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE TWO-YEAR PROFESSIONAL SERVICES AGREEMENTS WITH 1) 4 LEAF, INC., OF PLEASANTON, 2) INTERWEST CONSULTING GROUP, OF ROSEVILLE, AND 3) BUREAU VERITAS, OF SACRAMENTO, FOR BUILDING CODES PLANS EXAMINING, BUILDING CODES INSPECTION, FIRE CODES PLANS EXAMINING AND FIRE CODES INSPECTION SERVICES ON AN AS -NEEDED BASIS; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE TWO TWO-YEAR EXTENSION OPTIONS WITH EACH CONSULTANT WITH THE TOTAL CONTRACTS NOT TO EXCEED SIX (6) YEARS OR $900,000 WHEREAS, the Building and Safety Division relies on outside consultants to provide professional building industry services such as plan review and Building Inspection staffing, on an as -needed basis; and WHEREAS, in April 2016 staff requested written quotes from four companies that can provide the required services and only three submitted the required documentation; and WHEREAS, multiple contracts are needed to ensure availability, but do not obligate the City to use the services, while offering the flexibility in providing the best service to the public. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute two-year Professional Services Agreements with 1) 4 Leaf, Inc., of Pleasanton, 2) Interwest Consulting Group, of Roseville, and 3) Bureau Veritas, of Sacramento, for Building Codes plans examining. Building Codes inspection, Fire Codes plans examining and Fire Codes inspection services on an as -needed basis; and BE IT FURTHER RESOLVED that the City Council further authorizes the City Manager to execute two two-year extension options with each Consultant; and BE IT FURTHER RESOLVED that the total contracts (including extensions) shall not exceed six years or $900,000. Dated: September 7, 2016 I hereby certify that Resolution No. 2016-164 was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 7, 2016, by the following vote: AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None NNIFEFERRAIOLO City Clerk 2016-164