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HomeMy WebLinkAboutAgenda Report - October 19, 2022 C-15afi CITY OF -.Cft �a• oIz C A L I FORN IA AGENDA ITEM Ca*15 COUNCIL COMMUNICATION AGENDA TITLE: Adopt Resolution Authorizing the City Manager to Execute a Two -Year Professional Services Agreement with 1) 4 Leaf, Inc., 2) Interwest Consulting Group, Inc., 3) Bureau Veritas North America, Inc., 4) BPR Consulting Group, LLC, and 5) CSG Consultants, Inc. for Building Codes Plans Examining, Building Codes Inspection, Fire Codes Plans Examining, Fire Codes Inspection, and Code Enforcement 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 $1,200,000 MEETING DATE: October 19, 2022 PREPARED BY: Community Development Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute a two-year Professional Services Agreement with 1) 4 Leaf, Inc., 2) Interwest Consulting Group, Inc., 3) Bureau Veritas North America, Inc., 4) BPR Consulting Group, LLC, and 5) CSG Consultants, Inc. for building codes plans examining, building codes inspection, fire codes plans examining, fire codes inspection, and code enforcement 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 $1,200,000. BACKGROUND INFORMATION: On August 24, 2022, Staff requested written quotes from five companies that could provide the required services. Out of the five companies, all five submitted all of the required information and documentation in their proposals. The Building & Safety and Community Improvement Divisions rely on outside consultants to provide contract staff for services such as Plan Review, Building Inspection, and Code Enforcement. These services are utilized on an as -needed basis. 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. On September 14, 2022, the competing firms supplied the City with competitive quotes that were within a 1% differential of the other approved firms. The consulting firms will perform Plan Review, Inspection, and Code Enforcement services on an as -needed basis. APPROVED: Andrew Keys Stephen Schwabauer, City Manager Building Inspection Services Contracts October 19, 2022 Regular City Council Meeting Page 2 of 2 While obtaining a list of qualified Plan Review, Inspection, and Code Enforcement services will not obligate the City to use these services, it does give the divisions more flexibility in providing the best service to the public and the construction community. Staff recommends Council adopt a resolution authorizing the City Manager to execute Professional Services Agreements with 4 Leaf, Inc., Interwest Consulting Group, Inc., Bureau Veritas North America, Inc., BPR Consulting Group, LLC, and CSG Consultants, Inc, for Building Codes Plans Examining, Building Codes Inspection, Fire Codes Plans Examining, Fire Codes Inspection, and Code Enforcement 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 $1,200,000. FISCAL IMPACT Costs will be absorbed in the Community Development Special Revenue Fund. FUNDING AVAILABLE: 27081000.72450 & 10061000.72450 0OAn&Ar XZ'�ObJ Andrew Keys Deputy City Manager/Internal Services Director John . Della Monica, Jr. Cam funity Development Dire ar Attachments: PSA 4 Leaf, Inc, PSA Interwest Consulting Group, Inc. PSA Bureau Veritas North America, Inc. PSA CSG Consultants, Inc. PSA BPR Consulting Group, LLC AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on 2022, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and 4 LEAF, INC., a California corporation (hereinafter "CONTRACTOR"). Section 1.2 Purpose CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference. CITY wishes to enter into an agreement with CONTRACTOR for Building Codes Plans Examining, Building Codes Inspection, Fire Codes Plans Examining, Fire Codes Inspection, and Code Enforcement 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 November 1, 2022 and terminates upon the completion of the Scope of Services or on October 31, 2024, whichever occurs first. PJ ARTICLE 3 COMPENSATION Section 3.1 Compensation CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference. CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY. Section 3.2 Method of Payment CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.3 Costs The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.4 Auditing CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. 3 ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. Section 4.4 No Personal Liability Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. 4 Section 4.5 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Requirements for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. Section 4.7 Successors and Assigns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Stephen Schwabauer To CONTRACTOR: 4 LEAF, Inc. 2126 Rheem Drive Pleasanton, CA 94588 Attn: Joe Nicolas Section 4.9 Cooperation of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. Section 4.10 CONTRACTOR is Not an Employee of CITY CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of 5 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 fees from the party who does not prevail as determined by the San Joaquin County Superior Court. 6 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. Section 4.22 Counterparts and Electronic Signatures This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in "portable document format" (".pdf") or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature. 8 Section 4.22 Counterparts and Electronic Signatures This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which. when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted; of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in 'portable document format" (". pdf') or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST: OLIVIA NASHED City Clerk CITY OF LODI, a municipal corporation STEPHEN SCHWABAUER City Manager APPROVED AS TO FORM: 4 LEAF, INC., a California corporation JANICE D. MAGDICH, City Attorney By. By: Name: Joe Nicolas Title Executive Project Manager Attachments: Exhibit A - Scope of Services Exhibit B - Fee Proposal Exhibit C - Insurance Requirements Exhibit D - Federal Transit Funding Conditions cif applicable) Funding Source: 27081000.72450 & 10061000.72450 (Business Unit & Account No.) Doc ID CA:Rev.09.2022.LT 0 EXHIBIT A SEPTERMER 8, 2022 PROPOSAL TO PROVIDE BUILDING INSPECTION DIVISION CONTRACT SERVICES FOR THE CITY OR LODI 4LEAF, INC. ENGINEERING . CONSTRUCTION MANAGEMENT PLAN CHECK. BUILDING INSPECTION. PLANNING SECTION 3: SERVICES UNDERSTANDING We have thoroughly reviewed the City's RFP and can meet the scope of services with no issues and without the use of subconsultants. 4LEAF is an independent firm that is properly licensed to practice in California and has no conflict of interest with regard to any other work performed by the firm for the City. We will detail our approach to each of the requested work scopes in the following pages. BUILDING PLAN REVIEW SERVICES 4LEAF will provide Plan Review for any type of structure 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. The types of projects we provide these services for include Single -Family Dwellings, large Multi -Family Mixed -Use Dwelling Units, Commercial, and Industrial. 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 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,- • 5;• 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; • 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 at a site mutually agreed upon in writing and; • Supplying all plan review staff with all code books and other basic professional references. On- and Off -Site Review 4LEAF can supply Registered Professional Engineers to the City to work on-site performing structural plan review and non-structural reviews at the jurisdiction's discretion. Our experience includes checking for compliance with the structural, life -safety, accessibility, plumbing, mechanical, electrical, fire, and local codes/ordinances. Process Mapping 4LEAF aims to bring departmental processes together by identifying and eliminating obstacles to streamline processes. Our subject -matter experts visit each department within a jurisdiction to conduct an analysis of existing processes, identify how best to streamline separate departmental processes to improve workflow, and provide guidance and recommendations on an improved work plan. 4LEAF implementation staff offer extensive training to existing municipal staff members on the use of a jurisdiction's preferred permitting software. We have a robust amount of experience with software that aids in the implementation of process mapping. Proposal to Provide Building Inspection Division Contract Services to the City of Lodi Page 11 Section 3: Services Understanding September 8, 2022 4LEAF, INC. ENGINEERING . CONSTRUCTION MANAGEMENT PLAN CHECK. BUILDING INSPECTION. PLANNING Plan Review QA f AC Review Process 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 each 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 the 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. 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 Building Inspection Division Contract Services to the City of Lodi Page 12 Section 3: Services Understanding September 8, 2022 4LEAF, INC. ENGINEERING . CONSTRUCTION MANAGEMENT PLAN CHECK. BUILDING INSPECTION. PLANNING 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. 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 TransportationResubmittalResubmittal Expedited Expedited Plans Review Review Review #2 Review Resubmittal *Residential < 24 Hours (pick up & delivery) < 10 Days < 5 Days < 5 Days < 5 Days < 3 Days **Multi- < 24 Hours (pick < 10 Days < 5 Days < 5 Days < 5 Days < 3 Days Family up & delivery) Commercial < 24 Hours (pick up & delivery) < 10 Days < 5 Days < 5 Days < 5 Days < 3 Days ***Large < 24 Hours (pick Commercial up & delivery) Negotiable Negotiable Negotiable Negotiable Negotiable > 15,000 s.f. *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. 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 to communicate information that may be pertinent to the project and maintain consistent communication. At no additional cost, 4LEAF staff will transport the plans to and from the City upon a phone call to the 4LEAF office or simply e-mail for "pick-up" to pickup@41eafinc.com. 4LEAF's EZPIan Review EZPIan Review is our in-house tracking software that acts as a communication tool between 4LEAF and the jurisdictions we work with. The use of EZPIan makes communication easy. This web portal allows users visualize project due dates, notes, and status updates so that projects can be followed from start to finish. Additionally, 4LEAF provides electronically stamped and uploaded copies of approved project plans, a value which saves clients time and resources. With the use of EZPIan, 4LEAF hopes to provide a level of ease and transparency during the off-site plan review process. Sonoma County Fire Recovery Dashboard Document Control When plans and documents are received for review, 4LEAF's Plan Review Manager and Document Control Technician analyze the project, creates a job number, and completes a Job Setup Sheet. This form highlights both the jurisdiction, applicable contact information, and all project specific design criteria and notes. Jobs are then Proposal to Provide Building Inspection Division Contract Services to the City of Lodi Page 13 Section 3: Services Understanding September 8, 2022 4LEAF, INC. ENGINEERING . CONSTRUCTION MANAGEMENT PLAN CHECK. BUILDING INSPECTION. PLANNING transmitted through 4LEAF's easily accessed EZPIan Review Portal which tracks initial and subsequent reviews and is open for view by the client. The City and their customers can view 4LEAF's plan review control log through 4LEAF's EZPIan Review Portal. Plans then get distributed for review to a 4LEAF team consisting of Plan Review Engineers, 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 state codes, referenced construction standards, and City amendments. 4LEAF's code review methodology is "The Effective Use of the Codes" 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 client's pre -designated contacts. HOLT RESIDENCE 10700 WINCHESTER COURT 101 5. E�� 1 RDIE ESTATE= D_ _ -_e- Off-Site Electronic Plan Review Digital plan review allows 4LEAF the ability to review, markup and transport plans of any size electronically. We strongly encourage this service for our clients. This process delivers a high degree of cost effectiveness, time efficiency and a "green" and environmentally friendly system. Through our strong focus on utilizing this digital capability, we offer full access to all 4LEAF engineers and plans examiners company -wide, from any of our office locations. A protected online portal will be established to allow property owners, contractors, developers, businesses, designers, and stakeholders to submit plans electronically for review. Access to the online portal will be given to City staff for immediate access to information regarding project status during the review process. 4LEAF has successfully implemented and used Bluebeam for electronic review of files to help eliminate the use of paper and take the plan review workflow to a whole new level. 4LEAF's offices are equipped with large scale monitors for easy review of plans. Bluebeam Revu combines powerful PDF editing, markup, and collaboration technology with reliable file creation. Bluebeam integrates flawlessly with our Green Line approach for electronic and timely turnarounds resulting in permit issuance within 5-7 business days. Additional Technologies Having served more than 350 jurisdictions, 4LEAF and our staff are knowledgeable and have experience working with a variety of different technologies for Electronic Plan Review, Permit Tracking, and Building Inspections. 4LEAF's experience with tracking technologies includes, but is not limited to: �°e-PlanSoft'° IWMI....., Project &mrG0v MQccela 14 -1 WOPkS @STI 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 EZPIan Review system. 4LEAF prefers PDF files for "structural only" reviews as they allow several 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. Proposal to Provide Building Inspection Division Contract Services to the City of Lodi Page 14 Section 3: Services Understanding September 8, 2022 4LEAF, INC. ENGINEERING . CONSTRUCTION MANAGEMENT PLAN CHECK. BUILDING INSPECTION. PLANNING PLAN REVIEW PERSONNEL 4LEAF has 60+ plan check personnel that includes Registered Professional Engineers, Licensed Architects, Certified Access Specialists, and ICC Certified personnel dedicated to performing plan review services to our municipal clientele. Should duplicate names appear in our competitor's submittals, we are prepared to show payroll records to ensure you that all names listed in this proposal are employees of 4LEAF. PLANS EXAMINERS REGISTRATIONS CERTIFICATIONS Melissa Mennucci, S.E. Registered Structural Engineer Albert Kong, S.E. Registered Structural Engineer Beng Low, M.E., S.E. Registered Structural and Mechanical Engineer Ali Hekmat, S.E., P.E. Registered Structural and Civil Engineer Karimullah Kamran, P.E. Registered Professional Engineer Jay Shih, P.E. Registered Professional Engineer Kathy Bucciarelli, P.E. Registered Professional Engineer & 2 ICC Certifications Davison Chanda, P.E. Registered Professional Engineer Shane Crowe, P.E. Registered Professional Engineer Joseph Nicolas, P.E. Registered Professional Engineer Melissa Bridges, P.E. Registered Professional Engineer Stefanie Hionis, P.E. Registered Professional Engineer Albert Nissan, P.E. Registered Professional Engineer Sareh Deyhimi, P.E. Registered Professional Engineer & 1 ICC Certification Scott Martin, P.E. Registered Professional Engineer David Rashe, CBO, CASp Certified Building Official, CASp, & 11 ICC Certifications Sandeep Ojha Degreed Engineer & ICC Certified Plans Examiner Madhavi Akula Degreed Engineer & ICC Certified Plans Examiner More than 45 Additional Plans Examiners Available CERTIFIED ACCESS SPECIALIST (CASPI 4LEAF has 14 Certified Access Specialists on staff. We have performed CASp inspections, plan review projects, and have consulted on numerous construction projects for accessibility questions and advice. Below is a shortened list of our ADA staff: CASP PERSONNEL CERTIFICATION1EXPIRATION David Rashe, CBO CASp-213 6/23/2022 James Wiatrak, CASp CASp-789 8/9/2023 Brent Hipsher CASp-422 4/12/2024 Jay Shih, P.E., CBO CASp-683 4/7/2025 Scott Johnson, S.E. CASp-530 1/2/2023 Doug Martin CASp-937 4/2/2023 Steven Raney CASp-519 12/10/2022 Additional CASp Professionals Available Proposal to Provide Building Inspection Division Contract Services to the City of Lodi Page 15 Section 3: Services Understanding September 8, 2022 4LEAF, INC. ENGINEERING . CONSTRUCTION MANAGEMENT PLAN CHECK. BUILDING INSPECTION. PLANNING FIRE PLAN REVIEW AND INSPECTION SERVICES Our Fire team is comprised of experienced Fire Plan Reviewers, Fire Protection Engineers, Fire Marshals, and Fire Chiefs. 4LEAF's fire inspectors are all ICC and/or OSFM Certified and experienced working within a municipal work environment. Our fire plan review and inspection processes similarly follow the procedures and timelines outlines in our Building plan review and inspection sections. We have worked on several high-profile contracts for fire prevention services and recovery programs including: ➢ University of California, Davis — Fire Plan Review ➢ City of Folsom — Fire Plan Review ➢ Lathrop/Manteca Fire District — Fire Plan Review ➢ County of Sacramento — Fire Plan Review ➢ County of Placer — Fire Plan Review ➢ Solano County— Fire Recovery Program ➢ Sonoma County— Fire Recovery Program ➢ Town of Paradise — Fire Recovery Program ➢ Livermore Pleasanton Fire Department — Fire Review and Inspection Services ➢ City of Oakland Fire Department — Fire Plan Review Services 4LEAF can provide plan review services for all types of occupancies and construction types to ensure compliance with all adopted codes, local ordinances and state and federal laws, ordinances, regulations, and standards that pertain to Fire Life Safety Including, but not limited to: ➢ CA Title 24, Parts 2, 3, 4, and 9 ➢ NFPA 13, 13R, 13D, 24, and 72 ➢ Local amendments to the California Building and Fire Codes ➢ California Health and Safety Code ➢ Municipal Fire Standards & Municipal Codes ➢ National Fire Protection Referenced Standards 4LEAF is one of the Fire Life Safety industry's leaders in Plan Review Services. Our Fire Plan Review Services include: ➢ Compliance for Site Access Requirements ➢ Compliance for Fire Flow Requirements ➢ Review of Fire Prevention, Suppression, and Detection Systems ➢ Sprinkler, Standpipe, Alarm, Notification Systems, and Fire Pump Code Compliance ➢ Hazardous Occupancies, High Piled Storage, and Smoke Control Systems ➢ Review of Alternate Means ➢ Review of Methods Requests ➢ Annual Business Inspections ➢ Complete Fire Prevention Services ➢ New Construction Inspections ➢ Fire Alarm/Sprinkler Inspections ➢ Special Event Permits ➢ Hazardous Materials Inspections ➢ In -House Plan Review ➢ Off -Site Plan Review ➢ Code and Standards ➢ Public Education and Safety Training Proposal to Provide Building Inspection Division Contract Services to the City of Lodi Page 16 Section 3: Services Understanding September 8, 2022 4LEAF, INC. ENGINEERING . CONSTRUCTION MANAGEMENT PLAN CHECK. BUILDING INSPECTION. PLANNING KEY FIRE REVIEW & FIRE INSPECTION PERSONNEL 4LEAF has three Fire Protection Engineers for fire review projects such as sprinklers, alarm systems, and other fire -related consulting items. Our Fire Plans Examiners and Fire Inspectors come with many years of experience and are familiar with a wide range of projects. We service various Fire Districts and Fire Departments with Inspection and Plan Review scopes as well as consulting on large construction projects. Our team includes: PERSONNEL REGISTRATIONSFIRE Geoff Aus Fire Inspector, Fire Marshal, Inspector of Record Jim Aldrich Fire Inspector, Fire Plans Examiner Jason Shearer Senior Fire Inspector, Building Inspector Jim Thompson Fire Inspector, Fire Marshal, Fire Plans Examiner Rebecca Lauricella Fire Inspector Steven Conti, FPE Fire Inspector, Fire Marshal, Fire Plans Examiner, Fire Prevention Officer, Fire Protection Engineer (FPE) Tom Cervantes Fire Inspector, Fire Marshal, Fire Prevention Officer John Riddell Fire Inspector, Fire Plans Examiner Loralyn Davis Fire Plans Examiner Nicholas Tran, FPE, ME Fire Plans Examiner, Fire Protection Engineer, Mechanical Engineer Robert Salgado Senior Fire Plans Examiner Travis Kizziar Fire Plans Examiner Kevin McClish, FPE Fire Prevention Officer, Fire Protection Engineer (FPE) Christopher Fowler, CBO Fire Inspector II (ICC) Gib Moush, FPE Registered Professional Engineer, Fire Protection Engineer (FPE) Ronald Griesinger Fire Plans Examiner, Fire Inspector Stuart Blakesley Fire Plans Examiner, Fire Inspector Brent Hipsher, CBO, CASp Fire Inspector Marnie Gedney, FPE Fire Plans Examiner/Fire Inspector II/Fire Protection Engineer 25+ Additional Fire Review and Inspection Personnel Proposal to Provide Building Inspection Division Contract Services to the City of Lodi Page 16 Section 3: Services Understanding September 8, 2022 4LEAF, INC. ENGINEERING . CONSTRUCTION MANAGEMENT PLAN CHECK. BUILDING INSPECTION. PLANNING BUILDING DEPARTMENT SERVICES 4LEAF has a proven track record of providing Permit Technician/Counter staff and Building Officials to jurisdictions. 4LEAF can deploy such staff on short notice and offer training programs for department staff, if required. Our staff encompasses the right combination of experience, education, and certifications. Permit Technician 4LEAF Permit Technician Staff must be experienced and dedicated to serving the public at the Planning and Building Department counter. 4LEAF has numerous of Permit/Counter Technicians on staff, many who are currently assigned to Building Departments throughout the state. All staff will have the materials, resources, tools, and training required to perform the job. Typical Permit Technician duties include: • Accepting plans for plan check • Verification that plans are accurate and complete • Calculating permit fees • Explaining ordinances and procedures to owners, contractors, developers, architects, and general public • Assisting with preparation of permit applications • Receiving plans for Planning and Building permits and route to various agencies (if requested) • Accepting complaints on code violations, process, and record complaints • Answering phone calls for field and office staff • Processing inspection requests • Maintaining files for building permits • Operating the Building Department's computerized information system • Inputting a variety of information, including building permits and inspections • Completing related duties and responsibilities as assigned by Building Official and Senior staff members Building Official The 4LEAF Interim Building Official can provide in-house plan reviews to the City, limiting the amount of projects distributed to outside consultants and helping the City achieve significant cost savings. The Building Official will act as an adjunct staff member to the City and work with City personnel and various departments to perform professional building services including but not limited to plan review, permit technician, building inspection, and code enforcement. Staff qualifications for this role include evaluating and documenting projects for compliance with applicable building standards and housing codes, on- and off-site plan review, staff augmentation, and other building department related tasks. Proposed staff for this role will be appropriately trained and certified for all work. Placement Schedule Proposal to Provide Building Inspection Division Contract Services to the City of Lodi Page 17 Section 3: Services Understanding September 8, 2022 4LEAF, INC. ENGINEERING . CONSTRUCTION MANAGEMENT PLAN CHECK. BUILDING INSPECTION. PLANNING PERMIT TECHNICIAN PERSONNEL 4LEAF has a proven track record of providing 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. Permit Technician Staff Title Minerva Arredondo, CBO Senior Permit Technician Vanessa Mota Senior Permit Technician Damiya Haley Senior Permit Technician Lisa Felicano Senior Permit Technician Shantelle Fuentes Senior Permit Technician Caitlin Glasser Senior Permit Technician Cindy Lucas Senior Permit Technician Alyssa Mendoza Senior Permit Technician Ana Ortiz Senior Permit Technician Andres Torres Castaneda Senior Permit Technician Angelina Marquez Senior Permit Technician Austin Arabia Senior Permit Technician Danny Guan Permit Technician Ana Ortiz Permit Technician Austin Mota Permit Technician Betty Lopez Permit Technician Kendall Ripperda Permit Technician Carey Calvanese Permit Technician Paulina Santellano Permit Technician Crystal Zamora Permit Technician Nolan Miya Permit Technician Jose Ramirez Permit Technician Isabella Noden Permit Technician Elisha Moser Permit Technician Chelsey Serafino Permit Technician Caitlin Shannon Permit Technician Deisy Mendez Permit Technician Ana Perez Permit Technician Julia Warthin Permit Technician Deisy Mendez Permit Technician Danielle Hendricks Permit Technician Vanessa Morales Permit Technician Cynthia Orci Permit Technician Elisa Alvizar Permit Technician Haley Myers Permit Technician More than 20 additional Permit Technicians Proposal to Provide Building Inspection Division Contract Services to the City of Lodi Page 18 Section 3: Services Understanding September 8, 2022 4LEAF, INC. ENGINEERING . CONSTRUCTION MANAGEMENT PLAN CHECK. BUILDING INSPECTION. PLANNING BUILDING INSPECTION SERVICES 4LEAF has a team of more than 200 ICC Certified Building Inspectors, OSHPD/DSA Inspectors of Record, Fire Personnel, and Construction Inspectors working on various contracts. 4LEAF has a team committed to work in the East Bay Area who will remain for the duration of projects to ensure we capture the goals and performance that have made our inspection system successful. We maintain 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—simply call, email, or text our assigned Management team for an immediate response. Our on-call database is utilized for all our clients for as -needed requests Services Offered Periodic Inspection Services -i Available Next Day 4LEAF can fulfill inspection requests immediately upon request, including same day. Our firm has a wealth of local and available inspectors ready to serve the City's inspection needs. In addition, 4LEAF has a proven track record of providing such services to hundreds of municipal departments throughout the country. Once a request is made for staff/project needs, we will do our best to fulfill it within 24 hours of communication. Part -Time Inspection Services 4 Available Next Day 4LEAF will provide the City with part-time inspectors upon request. We can provide part-time staff within 24 hours of request for any duration of time. Our Project Manager will work closely with the City's Community Development Department to identify the right personnel and determine the appropriate work schedule. Full -Time Inspection Services 4 Available Two Days or Less 4LEAF can provide full-time inspectors upon request. We provide this service regularly to many clients throughout Northern California, Central Coast, Southern California, Sacramento Valley, Peninsula/South Bay, Proposal to Provide Building Inspection Division Contract Services to the City of Lodi Page 19 Section 3: Services Understanding September 8, 2022 WCllents Dashboartl 138 Po[enrial Hires ®High Priority ® :�^. Ne W starling xnrl:inaeree Filter Stag BuilainglnspaNlCBo+ 20 per page _Paget otb - 3 n < This Week 10!182021F=_ ASC � Y ftrs act Ym Tue WM llu Fri Sar Sun arr Non T e Wetl ll:u Fri Sa[ Sun Nov Ym ue Wee ll:u Fri Sx Sun Hw Mon Tue 1Vee Thu ki Sa S:n Alon Tue Wee nR Y 88 Rohen Atller ROM152 Y Assign Re9ues[ William Aiken Assign Request Min— Arredando ® Y Assign Re9uesr 200 i Services Offered Periodic Inspection Services -i Available Next Day 4LEAF can fulfill inspection requests immediately upon request, including same day. Our firm has a wealth of local and available inspectors ready to serve the City's inspection needs. In addition, 4LEAF has a proven track record of providing such services to hundreds of municipal departments throughout the country. Once a request is made for staff/project needs, we will do our best to fulfill it within 24 hours of communication. Part -Time Inspection Services 4 Available Next Day 4LEAF will provide the City with part-time inspectors upon request. We can provide part-time staff within 24 hours of request for any duration of time. Our Project Manager will work closely with the City's Community Development Department to identify the right personnel and determine the appropriate work schedule. Full -Time Inspection Services 4 Available Two Days or Less 4LEAF can provide full-time inspectors upon request. We provide this service regularly to many clients throughout Northern California, Central Coast, Southern California, Sacramento Valley, Peninsula/South Bay, Proposal to Provide Building Inspection Division Contract Services to the City of Lodi Page 19 Section 3: Services Understanding September 8, 2022 4LEAF, INC. ENGINEERING . CONSTRUCTION MANAGEMENT PLAN CHECK. BUILDING INSPECTION. PLANNING East Bay, North Bay, and Central Valley. Let us know your staff/project need and we will quickly and strategically develop a plan of action. Project -Specific Inspection Services --> Available Two Days or Less 4LEAF is often tasked with providing inspection services to large projects on behalf of municipalities. We currently handle large-scale projects for such clients as the County of Los Angeles, City of Palo Alto, City of Cupertino, etc. These projects are developer funded into a separate municipal 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). GoFormz 4LEAF will implement the GoFormz software for inspection requests. With gcgormz licenses owned by the City, 4LEAF's Administration team will prepare inspection requests and inspection results documenting construction activity. In addition, 4LEAF will be able to extract information and provide detailed monthly reports detailing the construction activity. The reports will be detailed to identify contractors, subcontractors, work progress, pictures, and a detailed explanation of the field activities. GoFormz allows every piece of information collected on a project to be accessible by all staff as every form is stored securely and safely in the Cloud. The information can be accessed through a user's web account where they can view any inspection report and run reports on project data.— The information can be accessed through a user's web account where they can view any inspection report and run reports on project data. The inspector will be able to leave detailed notes under the inspections and observations box and instantaneously attach pictures to the report to show the item inspected. The inspector will also be able to sign the report by hand on the iPad through the mobile signature block and pictures taken from the iPad are stored on the inspection document. Proposal to Provide Building Inspection Division Contract Services to the City of Lodi Page 20 Section 3: Services Understanding September 8, 2022 4LEAF, INC. ENGINEERING . CONSTRUCTION MANAGEMENT PLAN CHECK. BUILDING INSPECTION. PLANNING INSPECTION PERSONNEL Below is a quick look into 4LEAF's on-call inspection database, which is made of qualified and quality team members who are ready and able to take on the County's projects. Proposal to Provide Building Inspection Division Contract Services to the City of Lodi Page 21 Section 3: Services Understanding September 8, 2022 ristopher Fowler, CBO, OSHPD A I Certified Building Official, OSHPD A, & 25 ICC Certifications ent Hipsher, CBO, CASp Certified Building Official, CASp, & 6 ICC Certifications rnard Zipay, CBO Certified Building Official, MCP, & 29 ICC Certifications Rory Shortreed, OSHPD A OSHPD A & ICC Commercial Building Inspector Martin Scott, OSHPD A, DSA 1 OSHPD A, DSA 1 Certification, ICC Commercial Building Inspector Mike Leontiades, CBO Certified Building Official & 9 ICC Certifications Michael Renner, CBO Certified Building Official & 11 ICC Certifications Brad Fliehmann, CBO Certified Building Official & 18 ICC Certifications Nick Henderson, CBO Certified Building Official & 6 ICC Certifications Peter Lim, CBO Certified Building Official & 4 ICC Certifications David Rashe, CBO, CASp Certified Building Official, CASp, & 11 ICC Certifications Gregory Soliz 22 ICC Certifications Mark Hoadley 16 ICC Certifications Dave Brakebill 13 ICC Certifications Dave McGee 12 ICC Certifications Jose Murillo 11 ICC Certifications Mark Sherwood 10 ICC Certifications Mark Hoadley 8 ICC Certifications Wladyslaw Grobelny 8 ICC Certifications Emilio Torres 8 ICC Certifications Jerry Brown 8 ICC Certifications Marcus Johnson 7 ICC Certifications Bassem Kodeih 6 ICC Certifications John Kuehl, CBO 6 ICC Certifications Andrei Oustinov 6 ICC Certifications Don Hutsell 5 ICC Certifications Jose Murillo 4 ICC Certification Chuck Venook 3 ICC Certifications Jonah Canright 3 ICC Certifications Jim Decker 3 ICC Certifications George Cortez 3 ICC Certifications Eric Pankratz 3 ICC Certifications Reuben Cain 2 ICC Certifications Steven Slaughter 2 ICC Certifications Kyle Petersen 1 ICC Certification Farshid Asaddehghan 1 ICC Certification More than 150 Inspection Professionals Available Proposal to Provide Building Inspection Division Contract Services to the City of Lodi Page 21 Section 3: Services Understanding September 8, 2022 4LEAF, INC. ENGINEERING . CONSTRUCTION MANAGEMENT PLAN CHECK. BUILDING INSPECTION. PLANNING CODE ENFORCEMENT SERVICES 4LEAF has provided the City with experienced Code Enforcement Services since May of 2021. Specifically, the City utilized the services of Mike Aguirre. Mike assisted in the transition as the City transitioned their Code Enforcement Services from the Lodi Police Department to the Community Development Department. 4LEAF can provide the City the following services: Inspections 4LEAF can provide certified and qualified staff to perform Code Enforcement inspections in a lawful manner that respects the reasonable expectations of privacy and security of residents and their properties. Inspections conducted will determine if conditions on the properties being inspected are compliant with applicable sections of the current editions of the International Property Maintenance Code, City Code, CA Building Code, and any Code adopted by reference by the City of Lodi. 4LEAF staff will be qualified to verify that onsite conditions are consistent with the City's records for development approvals, square footage, setbacks, heights, and other requirements that may be applicable. 4LEAF staff are qualified to do the following: • Perform inspections for violations of Building Codes and Ordinances as adopted by the City. • Research properties for prior approvals, permits, and general information relating to violations. • Investigate and take necessary action when a violation of City Code exists, and consulting with City Counsel as required when requested by the Code Enforcement Chief. • Comply with the City's procedures for reporting inspection results and deficiencies. • Using City inspection correction forms. • Making appropriate entries in City records. • Conduct follow-up inspections as needed. • Notify the responsible parties of other agency approvals prior to closing a code enforcement action. • Maintain records as needed for the efficient and effective operation of the City. • Meet with members of the general public and City staff on a daily basis as needed. Enforcement 4LEAF staff have the experience in working cooperatively with property owners and other responsible parties to bring properties and/or conditions into compliance with applicable bodies of law. Our team will be able to determine when voluntary compliance is not forthcoming from property owners or responsible parties. 4LEAF staff has experience in using administrative processes including the issuance of administrative citations to credibly establish at the administrative level that violations of law exist on a property. Proposal to Provide Building Inspection Division Contract Services to the City of Lodi Page 22 Section 3: Services Understanding September 8, 2022 4LEAF, INC. ENGINEERING . CONSTRUCTION MANAGEMENT PLAN CHECK. BUILDING INSPECTION. PLANNING 4LEAF Code Enforcement Officers have experience in writing criminal citations and in working with legal counsel to assist in the successful prosecution of Code Enforcement cases either in criminal or civil court when necessary. CODE ENFORCEMENT PERSONNEL Below is a quick look into 4LEAF's Code Enforcement database, which is made of qualified and quality team members who are ready and able to take on the City's project. As you can see from this limited sample, we have a team with years of experience and many varying certifications. ,o Mike Aguirre Senior Code Enforcement Officer M., Adv. Code Enforcement Officer Sean Flanagan Senior Code Enforcement Officer Adv. Code Enforcement Officer Pamela Miller Code Enforcement Officer/Inspector PC832 Tina Chechourka Code Enforcement Officer/Inspector PC832 Tom Cervantes Code Enforcement/Fire Inspector PC832 Levels I, II, and III Tim Nakashima Code Enforcement Officer PC832 Jose Murillo Code Enforcement Officer/Inspector PC832 Al Fasulo Code Enforcement Officer PC832 Nick Henderson, CBO Code Enforcement Officer/Inspector PC832 Doug Martin, CASp Code Enforcement Officer/Inspector POST PC832 Renee Souza Code Enforcement Officer Advanced CEO, PC832 Stuart Blakesley Code Enforcement/Fire Plan Reviewer PC832 Scott Wungluck, CBO Code Enforcement/Senior Inspector PC832 John Juarez Senior Code Enforcement Officer PC832 Justine Sidie Code Enforcement Officer PC832, CACEO Levels I, Il, and III Rebecca Lauricella Code Enforcement/Fire Inspector PC832 Dave Nolta Code Enforcement Officer/Inspector PC832 Joe Pena Code Enforcement Officer/Inspector PC832 David Rashe, CBO Code Enforcement Officer/Plans Examiner PC832 Additional Code Enforcement Staff Available CUSTOMER SERVICE We hope the City will choose 4LEAF their Building and Safety Services consultant and through hard -work, we will prove our value to your team. Our goal is for the City to view 4LEAF as an extension of your team. We will communicate with your staff in the most positive customer service manner possible. Your account will be managed by Joe Nicolas and Raylee Glasser, CBO. Both Joe and Raylee manage the majority of 4LEAF's Building Department clients and understands the needs of your department and has expertise with inspection/plan review staffing. Joe and Raylee will be available to discuss the technical details of plan review and engineering consulting. We anticipate a comfortable relationship where we can discuss needs and resolutions openly and honestly. You will find 4LEAF's email, office phone, and cell phones on all of our business cards. Most importantly, we hope this is the beginning of a long-lasting relationship. 4LEAF has an impeccable reputation of client retention. Proposal to Provide Building Inspection Division Contract Services to the City of Lodi Page 23 Section 3: Services Understanding September 8, 2022 EXHIBIT B SEPTERMER 8, 2022 PROPOSAL TO PROVIDE BUILDING INSPECTION DIVISION CONTRACT SERVICES FOR THE CITY OR LODI 4LEAF, INC. ENGINEERING • CONSTRUCTION MANAGEMENT PLAN CHECK • BUILDING INSPECTION • PLANNING 2022-2023 FEE SCHEDULE & BASIS OF CHARGES For the City of Lodi All Rates are Subject to Basis of Charges PLAN REVIEW COST STRUCTURE NOTES Plan Review Percentage: 70% Fee includes: Structural Only: 40% ➢ Initial review and two (2) rechecks. (Inclusive of all disciplines except, Fire and Civil which are Hourly charges apply after three (3) or billed on an hourly basis.) more rechecks. Hourly Plan Review: $120 Non -Structural Review $135 Structural Review STAFF AUGMENTATION SERVICES ➢ Shipping, courier, and electronic service. Chief Building Official...................................................................................................................... $150/hour Senior Combination Building Inspector (Building Inspector III) ...................................................... $125/hour Commercial Building Inspector (Building Inspector II)................................................................... $115/hour Residential Building Inspector (Building Inspector 1)...................................................................... $95/hour CodeEnforcement.......................................................................................................................... $90/hour Senior Code Enforcement............................................................................................................... $105/hour AdministrativeSupport................................................................................................................... $65/hour Permit Technician (Remote or Onsite)........................................................................................... $70/hour Senior Permit Technician (Remote or Onsite)................................................................................ $85/hour Permit/Counter Manager............................................................................................................... $105/hour On -Site Plan Review Engineer......................................................................................................... $155/hour On -Site Non -Structural Plans Examiner.......................................................................................... $155/hour CivilPlan Review............................................................................................................................. $150/hour FirePlan Examiner.......................................................................................................................... $150/hour FireInspector I................................................................................................................................ $125/hour FireInspector II............................................................................................................................... $140/hour Fire Prevention Officer.................................................................................................................... $150/hour Fire Protection Engineer................................................................................................................. $175/hour PlanningTechnician........................................................................................................................ $80/hour AssistantPlanner............................................................................................................................ $100/hour Associate Planner............................................................................................................................ $120/hour SeniorPlanner................................................................................................................................. $140/hour PrincipalPlanner............................................................................................................................. $160/hour Inspector of Record (including DSA or OSHPD).............................................................................. $135/hour Proposal to Provide Building Inspection Division Contract Services to the City of Lodi Page 32 Section 5: Fee Schedule and Basis of Charges September 8, 2022 4LEAF, INC. ENGINEERING • CONSTRUCTION MANAGEMENT PLAN CHECK • BUILDING INSPECTION • PLANNING Public Works Inspector................................................................................................................... $150/hour CASp Inspection/Review................................................................................................................. $155/hour OSHPD Inspection/Review.............................................................................................................. $150/hour Project Inspector/Inspector of Record........................................................................................... $135/hour* ProjectManager............................................................................................................................. $150/hour Director........................................................................................................................................... $180/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. BASIS OF CHARGES Rates are inclusive of "tools of the trade" such as forms, telephones, and consumables. • All invoicing will be submitted monthly. • Staff Augmentation work (excluding plan review) is subject to 4 -hour minimum charges unless stated otherwise. Services billed in 4 -hour increments. • Most plan reviews will be done in 10 business days or less and 5 business days or less for re -checks. This is not inclusive of holidays or the day of the pick-up of plans. • Expedited reviews will be billed at 2x the plan review fee listed in the fee schedule. Return time will be within seven (7) days of receipt of the plans from the City. • Plan review of deferred submittals & revisions will be billed at the hourly rates listed. • All plan review services will be subject to a $250.00 minimum fee if percentage -based fee or two (2) hour minimum charge if hourly rates apply. • Larger complex plan reviews can be negotiated to achieve the best possible pricing. • All plan review services will be subject to 2 -hour minimum fee. • All plan review services are billed on a percentage basis and includes the initial review and 2 rechecks. - Plan reviews will be billed on an hourly basis only after the initial review and 2 rechecks unless otherwise agreed upon on a case-by-case basis. - Fire and Civil Reviews are billed on an hourly basis and are not included in our plan review percentage. • 4LEAF assumes that these rates reflect the 2022-2023 contract period. 3% escalation for 2023-2024, 2024-2025, and 2025-2026 is negotiable per market conditions. • Overtime and Premium time will be charged as follows: - Regular time (work begun after 5AM or before 4PM) 1 x hourly rate - Nighttime (work begun after 4PM or before 5AM) 1.125 x hourly rate - Overtime (over 8 -hour M -F or Saturdays) 1.5 x hourly rate Proposal to Provide Building Inspection Division Contract Services to the City of Lodi Page 33 Section 5: Fee Schedule and Basis of Charges September 8, 2022 4LEAF, INC. ENGINEERING • CONSTRUCTION MANAGEMENT PLAN CHECK • BUILDING INSPECTION • PLANNING - Overtime (over 8 hours Sat or Vt 8 -hour Sun) 2 x hourly rate - Overtime (over 8 hours Sun or Holidays) 3 x hourly rate • Overtime will only be billed with prior authorization of the Director or other designated City personnel. • All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate. • Mileage driven during the course of Inspections will be charged at cost plus 20%. • Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge. • Client shall pay attorneys' fees, or other costs incurred in collecting delinquent amounts. • Client agrees that 4LEAF's liability will be limited to the value of services provided. • In accordance with California's Meal Break and Rest Break Law requirements, Client will be billed one (1) additional hour per day at the regular rate for each missed meal or rest break due to Client -directed tasks or requirements. Client should allow 4LEAF's non-exempt, hourly employees the opportunity to take their entitled rest and meal breaks during each work shift. • If 4LEAF is requested or otherwise required to conform to Client's alternative work week schedule ("AWW"), Client hereby agrees to compensate or reimburse 4LEAF for all overtime paid to its employees who work an AWW. If 4LEAF's affected employment group approves an AWW election and the same is registered, the overtime compensation/reimbursement shall not be required Proposal to Provide Building Inspection Division Contract Services to the City of Lodi Page 34 Section 5: Fee Schedule and Basis of Charges September 8, 2022 i EXHIBIT C NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City's online insurance program requesting you to forward the email to your insurance provider(s) to submit the required insurance documentation electronically Insurance Requirements for Design Professionals-Architects/Engineers Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non - owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limits not less than $2,000,000 per occurrence or claim. Other Insurance Provisions: (a) Additional Named Insured Status The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used (b) Primary and Non -Contributory Insurance Endorsement The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Lodi has received a waiver of subrogation endorsement from the insurer NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp oiect that it is insuring. (d) Severability of Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies. (e) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. Page 1 1 of 2 pages I Risk: rev. 3/1/2018 (f) Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). (g) Failure to Comply If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. (h) Verification of Coverage Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. (i) Self -Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. (j) Insurance Limits The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents, representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials, employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of insurance. (k) Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors (1) Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (m) Qualified Insurer(s) All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. Page 2 1 of 2 pages Risk: rev. 3/1/2018 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on 2022, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and INTERWEST CONSULTING GROUP, INC., a Colorado corporation (hereinafter "CONTRACTOR"). Section 1.2 Purpose CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference. CITY wishes to enter into an agreement with CONTRACTOR for Building Codes Plans Examining, Building Codes Inspection, Fire Codes Plans Examining, Fire Codes Inspection, and Code Enforcement 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 November 1, 2022 and terminates upon the completion of the Scope of Services or on October 31, 2024, whichever occurs first. PJ ARTICLE 3 COMPENSATION Section 3.1 Compensation CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference. CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY. Section 3.2 Method of Payment CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.3 Costs The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.4 Auditing CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. 3 ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. Section 4.4 No Personal Liability Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. 4 Section 4.5 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Requirements for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. Section 4.7 Successors and Assigns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Stephen Schwabauer To CONTRACTOR: Interwest Consulting Group, Inc. 1613 Santa Clara Drive, Suite 100 Roseville, CA 95661 Attn: Paul Meschino Section 4.9 Cooperation of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. Section 4.10 CONTRACTOR is Not an Employee of CITY CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of 5 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 fees from the party who does not prevail as determined by the San Joaquin County Superior Court. 6 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. Section 4.22 Counterparts and Electronic Siqnatures This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in "portable document format" (".pdf") or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature. 8 Section 4.22 Counterparts and Electronic Signatures This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts; each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document. and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures. whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in "portable document format" (".pdf') or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST: OLIVIA NASHED City Clerk APPROVED AS TO FORM: JANICE D. MAGDICH, City Attorney 0 CITY OF LODI, a municipal corporation STEPHEN SCHWABAUER City Manager INTERWEST CONSULTING GROUP. INC., a Colorado corporation By: Name Title: Paul Meschino President Attachments: Exhibit A - Scope of Services Exhibit B - Fee Proposal Exhibit C - Insurance Requirements Exhibit ❑ - Federal Transit Funding Conditions (if applicable) Funding Source: 27081000.72450 & 10061000.72450 (Business Unit & Account No.) 016M11 CA: Rev.o9.2022. LT 8 Approach .�• + � r r� , 7 r ef � r L y r b ' y - Vill 31� TM �]�W-N. F ! 1 f l L t r F. ATW ti•� PL J -r d, ierjo T r ti• ** Fw+ .7`y }' +r 1r. r ry,T n• lid 44 NAN rdr + ' Ali T ` City of Lodi, California I Request for Proposals Building Inspection Division Contract Services Ability to Perform Scope of Services Interwest has extensive experience and a proven track record of seamlessly integrating building plan review, building inspection, building official services, and community development technician services as -needed, in a cost-effective manner. Our services consist of providing a single staff member or a complete team. We tailor our staff to fit your specific needs. We have previously provided building plan checkers, building inspectors, building official, and community development technician services to the City and have performed numerous plan reviews for a variety of project types. What the City Can Expect from their Interwest Team We are very familiar with the City's processes, local concerns, expected turnaround times, and the level of service required to continue providing outstanding support to the Building Safety Department. This in-depth understanding and insight into the City's preferences makes us uniquely qualified to continue providing these services without a "getting to know you" phase that can sometimes lead to service interruptions. Our staff's quality and training, combined with our proven business practices and a core commitment to customer satisfaction, ensure each client receives the highest levels of contract performance, professionalism, and responsiveness in the industry. All Interwest Team Members will: • Wear/display proper identification. • Possess/maintain the licenses/certifications required to perform compliant plan reviews, building inspection and permitting services. • Be knowledgeable of design principles, local zoning, and topographical site plans. • Remain proficient and knowledgeable of federal, state, and local laws, rules, regulations, directives, codes, and ordinances applicable to their work. • Offer exemplary customer service while performing their duties and interacting with City staff, elected and appointed officials, construction firms, and the public. • Attend meetings as required by the City. • Always exhibit professional and courteous conduct and an appropriate appearance during interactions. • Meet all job safety requirements and OSHA safety standards. Project Management Approach Our project management approach begins with applying our Plan, Execute, Control, Optimize (PECO) philosophy. The PECO framework, illustrated to the right, is based on our team's experience and industry best practices endorsed by the Project Management Institute. We identify, prioritize, allocate, manage, and control the work requirements through this singular, integrated method. Using the PECO framework illustrated to the right, the Interwest team delivers a project management approach that combines the right people, processes, and tools to perform the Scope of Services requirements. Our support for the City requires a methodology to operate and maintain all areas of service efficiently. The Interwest team's process is structured to streamline our resources and provide responsive services. Successful execution of building support services starts with a responsive team structure that can anticipate and address resource needs. Our team works on multiple tasks simultaneously, and our organizational structure supports the staff in overseeing this process effectively. Approach to Communication & Coordination City of Lodi, California I Request for Proposals Building Inspection Division Contract Services UPLANCIO o a\�GG ^\-�V %0direct coordination OPTIMIZE<...........................................y EXECUTE a\�a 0 0 o/ CONTROL a��e The PECO framework delivers a contract management approach that combines the right people, processes, and tools to perform contract work. One of the keys to the efficient and successful flow of information is clear, effective communication. Everyone involved with a contract of this size and scope must be aware of changes, progress, and challenges. We commit to working with you to determine the best ways to communicate the right information to the right people at the right time. Our priority is to ensure the best possible experience working with our team—with minimum impact on the City and its citizens. Meetings are an integral part of the plan, especially at contract start-up, and involve all applicable staff from the City and Interwest. Everyone involved must be aware of progress and changes they can expect going forward. We will prepare communications that can be shared with all City staff, detailing what to expect during contract transition and moving forward. We work with you to develop a schedule and format to meet your needs for aggregate reporting. Report formats may include monthly, quarterly, and annual reports summarizing activity levels, adherence to performance metrics, and other items of special interest to the City. We ensure our work effort is clearly communicated to the City throughout the contract's life, adjusting as necessary. The graphic to the right is a summary of our communication plan. 7 Inderrfrcalinn arrd selection of metrics and information to be provided Selection of Pr Frvy r Fd mechanism to share information (charts, reports, emails, etc.) City of Lodi, California I Request for Proposals Building Inspection Division Contract Services Plan Review Services All plans examination services will be performed by a qualified Plans Examiner. For more complex projects and when needed to meet peak workload demands, additional support will be provided from our other regional offices. Our plans examiners understand and are intimately familiar with applicable building codes and plan review procedures and policies and will readily assist with solutions to complicated plan review issues. Our staff will work with project applicants in a collaborative and professional manner to quickly identify and resolve violations of codes, standards, or local ordinances. They will provide thorough plan reviews in an effort to ensure complete and accurate construction documents to minimize questions and problems during the construction phase of projects. Technical Capabilities in Plan Check Areas Interwest staff possesses significant technical capabilities in all areas of plans examination competence. Plans examiners are licensed engineers or otherwise qualified Plans Examiners with extensive experience providing plan review services. Plans examination activities will be performed under the direction of a California -licensed professional engineer and/or licensed architect. Our staff will conduct an accelerated plan review on an as -needed basis as requested by the Building Official. Non -Structural Life Safety Interwest's non-structural plans examiners furnish plan review services for a vast array of projects including large residential, commercial, institutional, industrial, retail, and OSHPD 3 medical office buildings. Many of our plans examiners are CASA certified. 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 editions of the following codes: • Wood • Masonry • Heavy Timber/Timber Frame • Concrete • Structural Steel • Cold -Formed Steel Framing • Straw Bale • Rammed Earth • Aluminum City of Lodi, California I Request for Proposals Building Inspection Division Contract Services Structural Our California -licensed Structural Engineers have experience designing and reviewing projects utilizing virtually all building materials: • Wood • Cold -Formed Steel Framing • Masonry • Straw Bale • Heavy Timber / Timber Frame • Rammed Earth • Concrete • Aluminum • Structural Steel Our engineers have designed or reviewed a wide array of lateral force resisting systems including: • Steel Moment Frames • Buckling Restrained Braced Frames • Eccentric Braced Frames • Concentric Braced Frames • Concrete Moment Frames • Wood Shearwall Systems • Masonry Shearwall Systems • Concrete Shearwall Systems • Cantilevered Column Systems • Various Proprietary Lateral Force Resisting Systems Our structural engineers are experienced with the provisions of most model codes including, but not limited to, current versions of: • CCR Title 24, Part 2, Volume 2 • AISC 341, 358 and 360 • ASCE 7 • ASCE 41 • AISI Standards for Cold Formed Steel • ANSI/AF&PA NDS for wood framing • ACI 318 • ACI 530 / TMS 402/602 • CA Historic Building Codes • CA Existing Building Codes • NEHRP Requirements for Existing Building Mechanical, Plumbing & Electrical Interwest's California -licensed Mechanical and Electrical Engineers are well -versed in the application of California Mechanical, Plumbing, Electrical, Energy, and Green Building Standards Codes: City of Lodi, California I Request for Proposals Building Inspection Division Contract Services • R Title 24, Part 2, Volume 2 • ANSI / AF&PA NDS for wood • CA Existing Building Codes • AISC 341, 358 and 360 framing • NEHRP Requirements for Existing • ASCE 7 • ACI 318 Building • ASCE 41 • ACI 530 / TMS 402/602 • AISI Standards for Cold Formed CA Historic Building Codes Steel Energy Compliance 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 residential and commercial projects. The Energy Efficiency Standards for Residential and Nonresidential Buildings were established in 1978 in response to a legislative mandate to reduce California's energy consumption. These standards are updated periodically to allow consideration and possible incorporation of new energy efficiency technologies and methods. Green Building Standards Our staff is familiar with the incorporation of CALGreen building criteria into project designs and the resulting potential impact as related to the building codes. 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. 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. Access Compliance — CASp Review All of Interwest's CASp-Certified professionals are knowledgeable of state and federal accessibility laws and regulations and possess the expertise necessary to promote access to facilities for persons with disabilities. Our goal is to provide experts in the industry who can perform services for building departments by customizing our services to correspond with our client's expectations and needs. We work collaboratively with our clients to resolve plan review and inspection -related issues as efficiently as possible, ultimately resulting in an expedited process and successful project. Ourarchitects and plans examiners are fullytrained and familiarwith CA Building Code Accessibility requirements and ADA compliance regulations and are available for plan review and/or evaluations and consultation. We offer support to municipalities for compliance enforcement and/or developing a transition plan towards compliance, and successfully partner with the disabled community to address the needs and requirements of both entities. We can assist our clients in interpreting various issues relating to access compliance, such as access compliance obligations, transition planning, construction costs, construction phasing, code 'interpretation,' hardship, and code changes. • California Fire Code (CFC) • California Building Code (CBC) • Local amendments and policies related to the CFC and CBC • Adopted National Fire Protection Standards • California Health and Safety Code • Appropriate listings (CSFM, U.L., etc.) for common systems and materials • Fire Department Standards National Fire Protection Referenced Standards pursuant to the above Codes • Municipal, State or Federal regulations enforced by Fire Departments and Fire Districts City of Lodi, California I Request for Proposals Building Inspection Division Contract Services Flood Zones Interwest's staff of engineers and plans examiners have experience in providing plan reviews for projects located in flood zones, as several of our clients have developments that occur in areas prone to flooding. Interwest's staff has provided numerous plan reviews for projects located in flood zones using FEMA's Technical Bulletins as well as the local jurisdiction's ordinances. In addition, members of Interwest's staff have participated in state-sponsored committees to establish guideline and regulations for construction in areas designated as flood zones. OSHPD 3 Our staff of plans examiners has extensive experience in providing plan reviews for OSHPD 3 projects. Our staff is well versed with the OSHPD 3 requirements contained in the California Building Code. We also have OSHPD-certified inspectors available on an as -needed basis. Fire Code Plan Review We have a complete staff of experienced and licensed professional fire protection plans examiners and inspectors for your fire life safety needs. Our staff can check plans for compliance with all applicable fire code and standard requirements, including but not limited to the following: ICC Fire Code, Uniform Fire Code, California Fire Code, Life Safety Code, NFPA standards, and your local/regional amendments. Our Fire Plans Examiners and Inspectors are well versed in the use and application of the following model codes, standards, and regulations: Code Interpretations Code interpretations are subject to final review and approval by the Chief Building Official or City designated staff. Interwest's engineers and plans examiners will provide unbiased recommendations and background information to help the Building Official or Fire Marshal make an informed decision. All plan review comments are subject to review and approval by the City Building Department. Transporting Plans Interwest Consulting Group will arrange for all pick-up and delivery of plan ELECTRONIC review documents from the City at no cost. Interwest uses varied methods of PLAN REVIEWS pick-up and delivery with the goal of providing same-day service. Special Projects and Accelerated Services SUBMIT PLAN Interwest is able to accommodate special project plan review needs such as fast- ELECTRONICALLY track, multi -phased, or accelerated plan reviews. We establish project -specific turnaround goals and procedures with City staff for these types of projects based on the complexity of the projects as well as the construction schedule. REVIEW AND Our staff of engineers and plans examiners will work with the City to resolve all PRESCREENING plan review issues. Our staff will deal directly with applicants and their designers PROCESS during the plan review process to resolve all issues in a collaborative manner to resolve plan review issues as quickly as possible. REVISE AND Communicating Plan Review Results RESUBMIT APPROVE AND PRINT PLANS City of Lodi, California I Request for Proposals Building Inspection Division Contract Services Plan reviews, when not immediately approved, will result in lists of comments referring to specific details and drawings and referencing applicable code sections. Interwest will provide the City with a clear, concise, and thorough document from which clients, designers, contractors, and owners can work. At the completion of each plan review cycle, Interwest will return an electronic and hard copy of the plan review comment list to the designated applicant and City representative. Upon completion of the plan review, after all plan review issues have been resolved, Interwest will provide two complete sets of all final documents annotated as "reviewed" to the City for final approval. 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. Interwest's engineers and plans examiners will be available to meet with City staff, the design team, applicants, and/or contractors, at the City's request, to discuss and resolve plan review and code -related issues. We will be available within one (1) business day to respond to questions from the City that may be generated during field inspections for each authorized plan check that is subsequently issued a permit for construction. Voicemails, e-mails, and faxes will be responded to as quickly as possible, always within 24 hours. Electronic Plan Check Services Interwest currently provides electronic plan review services for multiple jurisdictions throughout California, and we are prepared to provide electronic plan checks for the City. We are familiar with many electronic plan review platforms. More and more jurisdictions are seeing the benefits of electronic permit and plan check, especially for large, complex projects. Electronic plan check services deliver many benefits to municipalities, including substantially improved turnaround times; instantaneous comments to the developer, applicant, or architect; secured accessibility to documents; and reduced paper storage. Our staff is experienced in providing electronic plan reviews and can work closely with the City on any electronic plan check software program that is utilized. Our goal is always to collaborate with and support the building department by providing thorough, accurate, and timely plan reviews. 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. City of Lodi, California I Request for Proposals Building Inspection Division Contract Services Building Inspection Services Building inspectors qualified to perform residential and commercial inspections can be made available as - needed during normal business hours (40 hours/week). Inspectors can also be flexible to assist during special off -hours by request with advance notice. Assigned staff will perform inspection services, as needed, to verify that the work of construction is in conformance with the approved project plans 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. We understand that municipal codes are 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 1, 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11, and 12, covering structural, fire prevention, life safety, disabled access, energy conservation, green building, plumbing, mechanical and electrical installations in residential, commercial, industrial, existing and historic buildings. Interwest's ICC / CASp certified inspectors have performed both building and fire inspection services on a wide variety of construction projects including new residential developments, large custom homes, and commercial, institutional, assembly, essential service buildings, and industrial projects. When necessary for large or fast-track projects, multiple inspectors are available. Interwest's 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 square footage, setbacks, heights, and any other applicable conditions. At the completion of inspections, Interwest's inspectors will complete all necessary City forms and documents as required to provide seamless service. We understand that personality and customer service are crucial to on-the-job success; therefore, 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 inspection personnel assigned will be ICC and / or CASp certified as required. Inspector Qualifications & Certifications 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. All Interwest inspectors are ICC - certified. Inspection personnel assigned will be able to read, understand and interpret construction plans, truss drawings and calculations, prepare and maintain accurate records and reports, communicate effectively orally and in writing and to work effectively with contractors, the public and general staff. Inspectors will possess knowledge of approved and modern methods, materials, tools, and safety used in building inspection and the most current building standards. Vitural Inspections Our staff has begun providing Remote Video Inspections (RVI), which allows for the inspection of a building or building systems using already available video technology. RVI is intended to be a complete and thorough inspection that meets the minimum requirements of the California Codes and local ordinances. City of Lodi, California I Request for Proposals Building Inspection Division Contract Services Code Compliance & Enforcement Code compliance and enforcement services are critical to maintaining property values and for attracting new business and residents to the area. However, the building departments in many communities often use unqualified personnel to perform code enforcement. Although well-intentioned, these employees may not be fluent with the latest state, county, and local laws, ordinances, and amendments. Often, citations are issued that end up in a dispute between the recipient and counter staff. Further, the revenue generated from code enforcement does not cover the cost of the code enforcement officer's salary. The local government must fund code enforcement as an investment in the community. All Interwest Code Compliance Officers possess the appropriate certifications and registrations and have the required experience to perform code enforcement duties. We keep our personnel up to date on the latest laws and regulations that govern code enforcement. With their thorough knowledge and training in handling disputes respectfully, they will be available to work with your citizens to provide further details about citations or other related issues that surface. Our employees understand the importance of coordination with your residents, staff, and other departments. As a result, we exercise an appropriate level of professional judgment in resolving issues. We take an educational, proactive, and non -confrontational approach. An effective Code Enforcement Program improves property values and enhances the presentation to visitors and business prospects. Interwest's Code Compliance Officers approach compliance issues proactively and rely on education, two-way dialogue, and collaboration to achieve a higher percentage of code compliance than that of a heavy-handed approach. Our Code Enforcement Program is customizable, so our Code Compliance Officers will follow Lodi's City Council and staff's direction on how you would like the program to look. We understand that codes and ordinances can be confusing as well as frustrating. For this reason, our Code Compliance Officers take an educational and personalized approach to service delivery. We will work with residents and business owners to achieve code compliance and reserve the issuance of code violations as a last resort. We treat everyone with respect, whether it is City staff or community members. It is one of Interwest's core values. City of Lodi, California I Request for Proposals Building Inspection Division Contract Services We commit to performing all of the Code Enforcement Services responsibilities as outlined in the RFP. The following are some of the deliverables the City can expect from their Interwest Code Compliance Officer: RESPONSIBILITIES a DELIVERABLES Actively patrol within the incorporated . Actively patrol within the incorporated boundaries boundaries of the City of the City Actively enforce Code Enforcement Codes . Actively enforce Code Enforcement Codes Act as an educator of ordinances and regulations . Act as an educator of ordinances and regulations Attends and make presentations to the Mayor and Council when requested by the City Manager Prepare and maintain all reports, citations, and other documents for action Prepare and maintain all materials for any Court Action to the Magistrate Court Meet with the County Code Enforcement personnel to prepare for court cases and attend court sessions Patrol assigned area to identify violations of Ordinances Responds to and investigate code violation complaints Contacts, informs, and warns residents of identified violations and compliance deadlines Issues Notice of Violations and follow-up letters on violation of Ordinances Follows up on identified violations to ensure compliance Work with Business License Clerk to ensure businesses have the required license residents in obtaining compliance with various ordinances and laws Maintain proper legal records and files with various ordinances and laws Keep daily logs of code enforcement activities and submit an itemized monthly report of all activities to the City Manager Reports should be in electronic format where appropriate Reports to other agencies shall also be submitted as required by law • Attends and make presentations to the Mayor and Council when requested by the City Manager • Prepare and maintain all reports, citations, and other documents for action • Prepare and maintain all materials for any Court Action to the Magistrate Court • Meet with the County Code Enforcement personnel to prepare for court cases and attend court sessions • Patrol assigned area to identify violations of Ordinances • Responds to and investigate code violation complaints • Contacts, informs, and warns residents of identified violations and compliance deadlines • Issues Notice of Violations and follow-up letters on violation of Ordinances • Follows up on identified violations to ensure compliance • Work with Business License Clerk to ensure businesses have the required license residents in obtaining compliance with various ordinances and laws • Maintain proper legal records and files with various ordinances and laws • Keep daily logs of code enforcement activities and submit an itemized monthly report of all activities to the City Manager • Reports should be in electronic format where appropriate • Reports to other agencies shall also be submitted as required by law City of Lodi, California I Request for Proposals Building Inspection Division Contract Services The more effective and successful a code enforcement operation is in a community, the less apparent, intrusive, and heavy-handed it will appear. A history of well -crafted and intended community standards, pursued with an attitude of facilitating individuals in understanding the same benefits, yields conditions that become self- sustaining. To that effect, our approach leads to the following: • Improved staff operating efficiencies • Current, real-time data available to staff and public • Shorter processing times to gain code compliance • Improved customer service and education • Data storage and record-keeping automation • Reduced complaints • Increased overall resident and City staff satisfaction Turnaround Schedule We consistently complete plan reviews within the timeframes (or faster!) for the City of Lodi and we work hard to accommodate any turn -around schedule desired. Multi -disciplinary reviews are typically performed in our offices but we are available for onsite work when required and whenever possible. We understand both the City and the project applicant are looking for quality reviews within a defined time frame. Denise Reese, Project Manager, will be responsible for managing the time schedule and assuring schedule compliance. Denise will also be in charge of resource allocation of our key personnel committed to the City of Lodi. We can quickly fine-tune staff or staffing levels to match changes in activity to ensure a high level of customer service is maintained. We have picked staff uniquely qualified and experienced to deliver the exact services requested. In addition, we are skilled at assessing time commitments, developing an accurate work plan and applying dedicated, professional personnel. Plan Review Turnaround Schedule Type of Job Initial/1st Review Re -Check Residential New Construction 10 Business Days 5 Business Days Addition/Remodel 5 Business Days 5 Business Days Commercial New Construction 10 Business Days 5 Business Days Addition/Remodel/Tenant Improvements 8 Business Days 5 Business Days Large Complex Commercial Projects Turnaround Time Negotiated on a Project -by -Project Basis Residential Solar PV 3-4 Business Days 2-3 Business Days Please note: Interwest is also able to accommodate special project plan review needs, such as fast- track or expedited reviews. We establish specific turnaround goals and procedures with jurisdiction staff for these types of projects. City of Lodi, California I Request for Proposals Building Inspection Division Contract Services Quality Control/ Quality Assurance Interwest prides itself in meeting clients' needs while maintaining a high level of quality control. Our approach is proactive—we prevent quality issues to the greatest extent possible and prepare for other situations in advance by mitigating risk. To ensure�.� quality, Interwest has implemented a Quality Assurance/Quality Control ym� rya IDENTIFY?r (QA/QC) program where our Project Manager performs random quality evaluations of our staff throughout the year. Interwest's QA/QC activities include: g�s� Standardized processes for intake, correspondence, review comment consistency and client satisfaction municipality's system). completion of returned work, email letters, and other items to ensure e.g., logging review data into each Our Project Manager conducts periodic reviews to ensure completeness, accuracy, and consistency of work performed. • Periodic peer review of others' plan reviews. PLAN ASSESS IMPACT ro s¢�o �4�aga� r rJj� `' ANALYZE �'`� • Staff feedback as necessary for any discrepancies or improvements needed. • Staff is paid to attend both internal and external training to grow professionally and improve skill sets. • Account Manager conducts periodic check -ins with clients for feedback on satisfaction with work performed and services provided. • Sending periodic customer satisfaction surveys for feedback on work performed and services provided. • Interwest uses both check -ins and surveys to find possible opportunities to improve client satisfaction, work performed, and services provided, as necessary. • Given Interwest's comprehensive approach to management and plan review, the probability of risk is low. As part of our QA/QC process, we ensure that Interwest standards are met. We involve the City in the entire process to maintain transparency. Fee Schedule f ! y � •�� 1•r- ti ,� Yi � . 'y + An � • ray _ ti LF tF L � ` h.N 1 i •, ' • ��12 r f , ' } � .{` ��`• !,T •a. ti ,"rte N r } r.. �• -. r - _ f r 4L I,- T � .Y I # i 1��-..:Y�L ■ VIS ■■ ll - d. 4JP 41Ni L City of Lodi, California I Request for Proposals Building Inspection Division Contract Services Fee Schedule Beginning on the 1st anniversary of the Effective Date of the Agreement and annually thereafter, the hourly rates listed below shall be automatically increased based upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof, Consumer Price Index (United States City Average, All Items (CPI -U), Not Seasonally adjusted, All Urban Consumers, referred to herein as the "CPI"), unless a mutually agreed upon rate increase is established. Such increase shall not exceed 5% per annum. The increase will become effective upon publication of the applicable CPI data. If the index decreases, the rates listed shall remain unchanged. Plan Review Services Residential 70% of City's Plan Review Fee* Small Commercial (< $5 million) 65% of City's Plan Review Fee* Large Commercial (> $5 million) 60% of City's Plan Review Fee* Structural Only Plan Review 50% of City's Plan Review Fee* Architectural/MEP Only Plan Review 35% of City's Plan Review Fee* Expedited Plan Review 1.5 x % fee above OR hourly rate below Hourly Plan Review, including plan review of deferred submittals, revisions to the approved plans, and subsequent reviews after 3rd review $140/hr - Licensed Plan Check Engineer/Architect $130/hr - ICC Senior Plans Examiner $110/hr -ICC Plans Examiner Civil Plan Review $150/hr Fire Protection Engineer $145/hr Senior Fire Plans Examiner $125/hr Fire Plans Examiner $110/hr Roof Mounted - Residential Solar Plan Review $165 Flat Fee Ground Mounted - Residential Solar Plan Review $330 Flat Fee *Percentage of Fee Plan Review only covers 3 review cycles (1 initial review and 2 rechecks) and does not include civil and fire plan review. Civil and Fire Plan Review will be provided as hourly plan review. i EXHIBIT C NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City's online insurance program requesting you to forward the email to your insurance provider(s) to submit the required insurance documentation electronically Insurance Requirements for Design Professionals-Architects/Engineers Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non - owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limits not less than $2,000,000 per occurrence or claim. Other Insurance Provisions: (a) Additional Named Insured Status The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used (b) Primary and Non -Contributory Insurance Endorsement The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Lodi has received a waiver of subrogation endorsement from the insurer NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp oiect that it is insuring. (d) Severability of Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies. (e) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. Page 1 1 of 2 pages I Risk: rev. 3/1/2018 (f) Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). (g) Failure to Comply If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. (h) Verification of Coverage Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. (i) Self -Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. (j) Insurance Limits The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents, representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials, employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of insurance. (k) Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors (1) Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (m) Qualified Insurer(s) All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. Page 2 1 of 2 pages Risk: rev. 3/1/2018 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on 2022, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and BUREAU VERITAS NORTH AMERICA, INC., a Delaware corporation (hereinafter "CONTRACTOR"). Section 1.2 Purpose CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference. CITY wishes to enter into an agreement with CONTRACTOR for Building Codes Plans Examining, Building Codes Inspection, Fire Codes Plans Examining, Fire Codes Inspection, and Code Enforcement 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 1 counted against CONTRACTOR's contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meetings CONTRACTOR shall attend meetings as 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 November 1, 2022 and terminates upon the completion of the Scope of Services or on October 31, 2024, whichever occurs first. PJ ARTICLE 3 COMPENSATION Section 3.1 Compensation CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference. CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY. Section 3.2 Method of Payment CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.3 Costs The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.4 Auditing CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. 3 ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. Section 4.4 No Personal Liability Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. 4 Section 4.5 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Requirements for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. Section 4.7 Successors and Assigns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Stephen Schwabauer To CONTRACTOR: Bureau Veritas North America, Inc. 180 Promenade Circle, 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. 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 5 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 fees from the party who does not prevail as determined by the San Joaquin County Superior Court. 6 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. Section 4.22 Counterparts and Electronic Siqnatures This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in "portable document format" (".pdf") or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature. 8 Section 4.22 Counterparts and Electronic Signatures This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures; whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in 'portable document format" (' .pdf") or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST: OLIVIA NASHED City Clerk APPROVED AS TO FORM: JANICE D. MAGDICH, City Attorney By: CITY OF LODI, a municipal corporation STEPHEN SCHWABAUER City Manager BUREAU VERITAS NORTH AMERICA, INC., a Delaware corporation By: Name: Craig Baptista Title: Vice President, Facilities Division 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 & 10061000.72450 (Business Unit & Account No.) CA:Hev.09.2022.LT 8 EXHIBIT A Approach to Services a. Complying with the Scope of Work We have the extensive capacity and a large pool of licensed and certified building safety experts who are equipped to handle all of the City's needs. Our professionals have considerable experience in commercial, residential, industrial, energy, and institutional projects of all sizes and complexities, allowing them to tailor solutions specifically to the City's needs. BVNA and our proposed, locally -based staff. BVNA and our proposed, locally -based staff have a long-established history working for the public agencies and nearby municipalities to perform in-house and outside plan check, inspection, civil and other building department services. Consequently, we can leverage a breadth of code compliance and permit processing expertise to meet the needs of the City, and offer highly qualified engineers and ICC certified staff who are in close proximity and can quickly respond to the City's needs. CARE PROGRAM - A PROVEN, FORMALIZED & INTEGRATED PLAN REVIEW PROCESS Our CARE Program is a formalized and integrated process whereby coordination, analytical, review, and expert management/ quality control functions are consistently implemented. This system's success is based on thousands of hours of practical experience by our dedicated personnel and their unique ability to interact quickly and efficiently with yourstaff. Bureau Veritas provides you with a staff extension that will bind the varying interests of your operations, the citizens you serve, and legal and regulatory considerations into a dynamic, flexible working system. The specific roles of each of our CARE elements include: • Coordinator: The Coordinator is the first line of contact for each project submittal and, along with other members of the clerical staff, handles various administrative functions, such as logging information (project tracking, time budgeting), managing project controls, maintaining and distributing communications, reviewing agendas and ordinance issues, and fielding calls on project status. • Analyst: OurAnalysts review submittals, title sheets, and non -design items; maintain files; monitordue dates; monitor contract budget and status tracking reports; and coordinate invoicing. OurAnalysts also maximize and "right place" staff resources to meet turnaround times in a quality manner. When assigning resubmittals to staff, ourAnalyst ensures consistency by passingthe project to the same Reviewerthat performed the previous reviews. Reassignments are done when unforeseen circumstances dictate. • Reviewer: Our experienced Plan Reviewers routinely review agency standards, ordinances, guidelines, and checklists; create comments letters; coordinate project return with the Coordinator; attend review meetings; and communicate questions/ solutions to project stakeholders. Because of our depth of resources and project tools (checklists, corrections letters), reassigned projects can be reviewed without missing deadlines or causing unnecessary rechecks. • Expert: Our Experts provide the final quality assurance review of applicable plans, studies, and reports in accordance with all accepted engineering, Subdivision Map Act, and industry professional practices. Experts shall complywith the applicable regulations, visit the client contact regularly, monitor project progress with the Reviewer, disseminate project/agency information to the team, train team members, peer review comments letters, and communicate questions/solutions to stakeholders. Our Experts provide the quality assurance reviews to each project to minimize the number of resubmittals. Plan Review Turnaround Times Atyour 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. Testimonyto 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 orderto help with project schedule recoverywhen necessary. Ourteam will maintain efficient turnaround times on all reviews as a key measurement of our performance for our plan review services. BVNAwill 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 meetwith agency staff or others as needed to discuss our findings. Typical turnaround times for plan review are as follows (all numbers are business days): *Turnaround times for unusually complex or large projects can be negotiated. Project Review Meetings Our personnel assigned to City projects are available to attend meetings at the City to address questions or discuss issues with the City staff, design team and/or construction team that may arise on a project. Our designated representative will attend staff, board, and council meetings as required and mutually agreed upon. This individual will be available to provide guidance for City staff, applicants, designers, and contractors. Our team will be available to attend project review meetings with the City as well as federal and state agencies. This service also includes attending and presenting to Design Review Committee, Planning Commission, and City Council meetings, as needed. Pick Up and Delivery BVNA assumes responsibility for the pickup and return of plans. All plans shall be picked up from the City offices within 24 hours of notification. Should the volume of work be sufficient, we propose to establish regular pick up of plans on a consistent basis. We will also utilize shipping courier, at no additional cost to the City. Virtual and Remote Inspection Capabilities The firm has deployed remote inspection, remote supervision, and augmented inspection services in multiple cases and for municipal clients throughout the United States. The firm is pleased to be in a position to leverage this experience to help assist the way it does business in order to elevate safety, quality, and efficiency. The firm strongly believes in the long-term value of these digital platforms in providing options in how inspection services are executed. BV's remote inspection services ensure the firm can keep its employees and City staff safe by eliminating direct contact and adhering to social distancing best practices and keep critical tasks moving forward in the face of possible travel and construction site access restrictions. MGM MOM . -. .-. ._ Commercial 10 7 5 Residential 10 Complex, large, or unusual project 15 10 *Turnaround times for unusually complex or large projects can be negotiated. Project Review Meetings Our personnel assigned to City projects are available to attend meetings at the City to address questions or discuss issues with the City staff, design team and/or construction team that may arise on a project. Our designated representative will attend staff, board, and council meetings as required and mutually agreed upon. This individual will be available to provide guidance for City staff, applicants, designers, and contractors. Our team will be available to attend project review meetings with the City as well as federal and state agencies. This service also includes attending and presenting to Design Review Committee, Planning Commission, and City Council meetings, as needed. Pick Up and Delivery BVNA assumes responsibility for the pickup and return of plans. All plans shall be picked up from the City offices within 24 hours of notification. Should the volume of work be sufficient, we propose to establish regular pick up of plans on a consistent basis. We will also utilize shipping courier, at no additional cost to the City. Virtual and Remote Inspection Capabilities The firm has deployed remote inspection, remote supervision, and augmented inspection services in multiple cases and for municipal clients throughout the United States. The firm is pleased to be in a position to leverage this experience to help assist the way it does business in order to elevate safety, quality, and efficiency. The firm strongly believes in the long-term value of these digital platforms in providing options in how inspection services are executed. BV's remote inspection services ensure the firm can keep its employees and City staff safe by eliminating direct contact and adhering to social distancing best practices and keep critical tasks moving forward in the face of possible travel and construction site access restrictions. b. Quality Control, Customer Service and Project Management As an ISO 9001 certified firm, BV undergoes systematic, independent audits of its management systems to meet rigorous objectives and provide continuous improvement in key areas. The firm consistently incorporates proven best practices and protocols as part of its quality management system to meet and exceed ever-increasing customer requirements. These tools include implementation of an established quality assurance/qualitycontrol program using for the intake, track, and review of plans to enhance quality and streamline processing/approval; electronic plan review to expedite turnaround times which save time and money; and the utilization of web -based document control system which fosters collaboration, 24/7 access to documents and reports, and enhances overall communication. Policies are implemented at each professional and technical level to provide a well-balanced, independent QA program, which assures the quality of reports, technical reviews, annuals, and other documentation prepared by BV. This ensures the product is consistent with the established standards from the standpoint of quality, validity, and legal defensibility. The BVNA team has a two-step approach to ensuring the delivery of high quality services. BVNA is subjectto regular controls and audits by authorities and accreditation bodies to ensure that its procedures, the qualification of its personnel and its management systems comply with the applicable standards, norms, references or regulations. To maintain the accreditations and certifications, quality assurance methods are built into every function of our service. Quality assurance is achieved through a number of systems and tools. • Service goals for timeliness, quality and professionalism are defined and tracked • Training and education is required • Random audits are performed • Documented procedures are accessible, monitored, and updated • Utilization of North America Management System (NAMS) and Corrective Action Response System (CARSys) One of the tools BVNA uses is NAMS. NAMS is a means to obtain BVNA's objectives of quality excellence as prescribed bythe BVNA business model. In orderto achieve our goals, BVNA has implemented processes and procedures intended for application at all levels of the organization. The management system has been implemented and maintained with the aim of satisfying our customer's needs and expectations. In orderfor NAMS to be effective, the policies and procedures are implemented, continuously monitored and updated. BVNA maintains the effectiveness of the management system. The customer feedback is provided through a variety of avenues, examples include the use of a satisfaction survey or face-to-face/on-site communication. Once the customer feedback has been received, the management team then analyzes, measures, and implements the improvements required for quality excellence. The cycle continues until the customer's needs and expectations have been satisfied. BVNA also utilizes the CARSys Issues Tracking program. CARSys is an improvement tool, which provides a closed- loop process for the management of customer and internal concerns and corrective/ preventative actions that result from the concerns or issues. With the flexibility of CARSys, BVNA is able to Identify, Act, Implement and Verify issues. c. Statement that Firm is Independent and without Conflicts of Interest BVNA is an independent firm and properly licensed in California. BVNA warrants and represents that it presently has no interest and covenants and that it will not acquire any interest, direct or indirect, that represents a financial conflict of interest understate law or that would otherwise conflict in any manner or degree with the performance of the Work. EXHIBIT B FEE SCHEDULE CITY OF LODI-BUILDING INSPECTION DIVISION CONTRACT SERVICES SEPTEMBER 8, 2022 Building Plan Review Fees 65% of the building plan check fees collected by the City of Lodi Key Personnel Hourly Billing Rate* Senior/ Structural Plan Review Engineer/Fire Protection Engineer $145 M/E/P Plan Review Engineer $135 CASp $135 Plans Examiner $120 Senior I nspector $105-$120 Inspector $90-$105 Permit Technician $65-$80 Fire Marshal $140 Fire Plans Examiner $135 Fire Inspector $110-$125 Rates are non-union and non -prevailing wage -for any prevailing wage projects, BV will discuss rates with the City to account for the Prevailing Wage requirements. All employees classified as "non-exempt" by the U.S. Department of Labor will be compensated at 1-1/4 times salary for overtime hours as per State and Federal wage and hour laws. No overtime will be charged without prior consent. "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. Rates are subject to annual increase in accordance with CPI. 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 I RS rate. i EXHIBIT C NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City's online insurance program requesting you to forward the email to your insurance provider(s) to submit the required insurance documentation electronically Insurance Requirements for Design Professionals-Architects/Engineers Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non - owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limits not less than $2,000,000 per occurrence or claim. Other Insurance Provisions: (a) Additional Named Insured Status The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used (b) Primary and Non -Contributory Insurance Endorsement The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Lodi has received a waiver of subrogation endorsement from the insurer NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp oiect that it is insuring. (d) Severability of Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies. (e) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. Page 1 1 of 2 pages I Risk: rev. 3/1/2018 (f) Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). (g) Failure to Comply If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. (h) Verification of Coverage Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. (i) Self -Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. (j) Insurance Limits The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents, representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials, employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of insurance. (k) Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors (1) Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (m) Qualified Insurer(s) All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. Page 2 1 of 2 pages Risk: rev. 3/1/2018 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on 2022, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and BPR CONSULTING GROUP, LLC (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 Codes Inspection, Fire Codes Plans Examining, Fire Codes Inspection, and Code Enforcement 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 November 1, 2022 and terminates upon the completion of the Scope of Services or on October 31, 2024, whichever occurs first. PJ ARTICLE 3 COMPENSATION Section 3.1 Compensation CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference. CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY. Section 3.2 Method of Payment CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.3 Costs The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.4 Auditing CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. 3 ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. Section 4.4 No Personal Liability Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. 4 Section 4.5 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Requirements for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. Section 4.7 Successors and Assigns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Stephen Schwabauer To CONTRACTOR: BPR Consulting Group, LLC 2201 Francisco Drive, Suite #140-658 EI Dorado Hills, CA 95762 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. 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 5 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 fees from the party who does not prevail as determined by the San Joaquin County Superior Court. 6 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. Section 4.22 Counterparts and Electronic Signatures This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in "portable document format" (".pdf") or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature. 8 Section 4.22 Counterparts and Electronic Signatures This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which; when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in "portable document format" (°.pdf') or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST: OLIVIA NASHED City Clerk APPROVED AS TO FORM: JANICE D. MAGDICH, City Attorney M CITY OF LODI, a municipal corporation STEPHEN SCHWABAUER City Manager BPR CONSULTING GROUP, LLC By: Name: Ron Beehler Title: Principal -in -Charge 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 & 10061000.72450 (Business Unit & Account No.) Doc !D: CA:Rev.09.2022.LT X! EXHIBIT A CITY OF LODI I BUILDING INSPECTION DIVISION CONTRACT SERVICES A: BUILDING PLAN REVIEW & BUILDING INSPECTION +,. PROJECT UNDERSTANDING & APPROACH Our team has a proven track record of providing efficient and predictable building department services in support of California communities and for unique and fast paced building projects. Our key objectives in providing these services in support of the City of Lodi are as follows: To provide timely and responsive plan review services. Our well qualified, locally based and professionally licensed and/or CASp and ICC Certified team of plans examiners will provide you with comprehensive, efficient, and timely building department plan review services including clear and collaborative communication of plan review results. We will work with you to tailor our services to align with your unique and specific community needs. Our experienced and licensed team of structural, mechanical, electrical and fire protection engineers will ensure an appropriate level of plan review is provided for all assigned projects. SECTION 5 ■ To be responsive to your specific inspection staffing needs. As construction and development activity fluctuates within your community, we will provide qualified and certified inspection staff to support your building department and adjust our service levels as needed to maintain seamless service to your customers. • To provide staff who have the appropriate experience, certifications, and knowledge. We will utilize appropriately experienced, licensed, qualified, and certified staff to perform all identified services. From our review of the RFP, we understand the City's Building Inspection Division is looking to partner with experienced and highly qualified professionals to provide a variety of contract services. BPR Consulting Group is interested in providing the following Services: BUILDING CODES (A) We understand the contract for Building Codes (A) is to include Building Code Plans Examination and Building Inspection services. BPR is well qualified and exceeds the objectives and criteria outlined in the City's RFP. Further, we understand the following: • BPR will provide registered Structural Engineers and qualified support staff as appropriate. • BPR staff proposed to serve the City includes multiple CASp certified professionals. • BPR plans examination staff are capable of performing all structural and non-structural reviews including building, plumbing, mechanical, electrical, energy, disabled access, green building and fire if requested. • BPR inspectors are qualified and capable of performing all structural and non-structural building inspections including building, plumbing, mechanical, electrical, energy, disabled access, green building and fire if requested. BPR Page 21 CITY OF LODI I BUILDING INSPECTION DIVISION CONTRACT SERVICES A: BUILDING PLAN REVIEW & BUILDING INSPECTION • Plan reviews will be completed within the City's proposed turn -around times of 10 working days for residential and small miscellaneous projects first reviews and 5 working days for any sequential reviews. First reviews will be completed in 15 working days for non-residential projects and 10 working days for sequential reviews. • BPR possesses and will maintain the required insurance requirements as defined in Exhibit C and illustrated in Section 5 of this proposal. The team specifically selected to serve the City of Lodi has experience with the processes, procedures, ordinances and permitting services necessary to provide the requested services fully and efficiently. As our proposal will demonstrate, we have selected a team of staff that possess a high level of experience, we offer a competitive fee proposal, and have the available staffingto meet the requested turn -around times. On the following pages you will find the detailed scope of services we are prepared to provide to the City of Lodi. TECHNICAL PLANS EXAMINATION CAPABILITIES BPR's staff possesses significant technical capabilities in all areas of plans examination competency gained from years of experience providingthese same services. All plans examiners are California Licensed Engineers or ICC Certified Plans Examiners with multiple years of experience providing plan review services. Our staff will conduct accelerated or project -specific, phased, plan reviews on an as -needed basis as requested by the City of Lodi. Our plans examiners have a thorough understanding of code requirements, are able to read, understand and interpret construction documents, energy calculations, geotechnical reports, structural calculations, electrical load calculations, commissioning reports, and other associated design documents. Our plans examination staff have the ability to prepare well-written plan review letters, communicate effectively orally and in writing and work effectively with jurisdiction staff, project design teams, contractors and permit applicants. Our plans examiners possess knowledge of the most current state adopted building standards. Architectural BPR's non-structural plans examiners have provided plan review services for a vast array of projects including large residential, commercial, institutional, industrial, retail, and OSHPD 2,3 and 5 medical office buildings. Our non-structural plans examiners have extensive experience verifying that established conditions of approvl items are properly integrated within project documents. Many of our plans examiners are CASp certified. 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 editions of the following model codes: BPR Page 22 CITY OF LODI I BUILDING INSPECTION DIVISION CONTRACT SERVICES A: BUILDING PLAN REVIEW & BUILDING INSPECTION AW • California Building Standards Code (Title 24) Parts 1 through 6 and 9 ■ International Building Code (IBC) • Americans with Disabilities Act Standards for Accessible Design Structural • ANSI Standards ■ NFPA Codes & Standards ■ CA Code of Regulations (CCR) Titles 19 and 25 • Jurisdiction -Adopted Amendments or Ordinances Ourstructural engineers have experience designing and reviewing building projects subjected to the significant seismic loads necessitated by the geographic location of the City of Lodi. Our structural engineers have reviewed all types of projects including residential, multi -family, commercial, and multi -story projects including mid -rise and high-rise projects, institutional projects, industrial projects, retail buildings, schools, medical office buildings and court facilities. Our structural engineers have experience designing and reviewing projects constructed with all building materials including the following: ■ Wood ■ Reinforced Masonry ■ Heavy Timber/ Timber Frame / CLT ■ Reinforced and Prestressed Concrete • Stressed Skin Panels ■ Structural Steel ■ Light Gauge Steel Framing • Straw Bale ■ Rammed Earth ■ Insulated Concrete Forms, (ICF) Our engineers have designed or reviewed a wide array of structural lateral force resisting systems including: • Structural steel moment frames • Masonry shear wall systems ■ Buckling -restrained braced frames ■ Concrete shear wall systems • Eccentric braced frames • Cantilevered column systems • Concentric braced frames • Pre -stressed and post -Tensioned Concrete ■ Concrete moment frames ■ Various proprietary lateral force resisting • Wood shear wall systems systems Our structural engineers and inspectors are experienced with the provisions of most model codes including current versions of: ■ CCR Title 24, Part 2, Volumes 2 & 2.5 ■ International Building Code (IBC) ■ AISC 341, 358 and 360 ■ ASCE 7 ■ ASCE 41 ■ AISI Standards for Cold Formed Steel Mechanical, Plumbing & Electrical ■ ANSI / AF&PA NDS for wood framing ■ ACI 318 ■ ACI 530 / TMS 402/602 ■ CA Historic Building Codes ■ CA Existing Building Codes ■ NEHRP BPR's Mechanical and Electrical Engineers are well versed in the California Mechanical, Plumbing and Electrical codes. We will review submitted design documents to ensure compliance to the current edition of the following codes: • California Building Code • California Mechanical Code ■ California Residential Code ■ California Electrical Code • California Plumbing Code • Jurisdiction -adopted amendments BPR Page 23 CITY OF LODI I BUILDING INSPECTION DIVISION CONTRACT SERVICES A: BUILDING PLAN REVIEW & BUILDING INSPECTION Specialty plan review services may be provided utilizing the most current editions of national standards including the following: ■ International Building Code ■ International Residential Code • International Mechanical Code ■ International Plumbing Code ■ NFPA Standards 13 (automatic fire sprinkler systems) Energy Compliance ■ NFPA Standards 20 (fire pumps) ■ NFPA Standards 72 (fire alarms) • NFPA Standards 99 (medical gases) ■ NFPA 101 Life Safety Code ■ NEHRP Requirements for Existing Building Our engineers and plans examiners are up to date on all California Energy Code requirements as they relate to both new and remodel construction for all project types. Our staff have experience verifying CA Energy Code requirements for projects located within all climate zones. The Energy Efficiency Standards for Residential and Non -Residential Buildings were established in 1978 in response to a legislative mandate to reduce California's energy consumption. These standards have been updated since that time to address a multitude of building components, systems and equipment with the goal of having new and updated buildings be more energy efficient, comfortable for building occupants, and less reliant of fossil fuels. Green Building Standards BPR's staff has a working knowledge of the proper incorporation of CALGreen building criteria into project designs and the resulting potential impact of these standards related to building code compliance and the environment. Our plans examiners will review project documents to verify compliance with adopted Green Building Code Standards as required by state law and local amendments and ordinances. Access Compliance & CASp Review All BPR CASp-certified professionals are knowledgeable of state and federal accessibility laws and regulations and possess the expertise necessaryto promote access to facilities for persons with disabilities. Our staff are experts in the industry, maintaining appropriate certifications demonstrating their expertise, and are experienced providing services for building departments in a seamless manner balanced and in coordination with our client's expectations and needs. We work collaboratively with our clients to address accessibility plan review and inspection related issues as efficiently as possible. Our plans examiners are fully trained and familiar with CA Building Code Accessibility requirements and ADA compliance requirements and are available for plan review and/or inspection services. We offer support to municipalities for compliance enforcement and/or developing transition plans. We can assist our clients in researching and providing interpretations of various specific issues related to access compliance including access compliance obligation, transition plan development, construction costs and phasing, and regulation interpretations. BPR Page 24 CITY OF LODI I BUILDING INSPECTION DIVISION CONTRACT SERVICES A: BUILDING PLAN REVIEW & BUILDING INSPECTION AW Flood Zones BPR's staff of engineers and plans examiners have experience in providing plan reviews for projects located in FEMA designated flood zones and areas prone to flooding. BPR Consulting Group's staff has provided numerous plan reviews for projects located in flood zones using FEMA's Technical Bulletins as well as locally adopted ordinances. Additionally, members of our team have participated in state-sponsored committees to establish guideline and building code requirements for projects planned in areas designated as flood zones. OSHPD 2,3&5 BPR Consulting Group's staff of plans examiners and building inspectors have extensive experience providing plan review and inspection services for OSHPD 2, 3 and 5 projects. Our staff is well versed with the OSHPD 2, 3 and 5 requirements included in the California Building Code. Our inspection staff has recent experience providing inspection services for hemodialysis, outpatient surgery, hyperbolic chamber, medical clinics and acute psychiatric facilities. LEED If requested we have LEED certified professionals on staff. Developed by the US Green Building Council (USGBC), LEED provides building owners and operators a framework for identifying and implementing measurable green building design methodologies, construction, operations, and building maintenance. LEED certification consists of a variety of rating systems applicable to multiple building types including commercial as well as residential. Ratings reflect a measure of how well a building performs across many sustainability metrics including: energy savings, water efficiency, CO2 emissions reduction, indoor environmental quality, energy usage and the projects impact on the local environment. Fire Code Plan Reviews If requested we have an experienced and licensed professional Fire Protection Engineer on staff to address your fire and life safety needs. If requested, our fire safety plan review and inspection staff can quickly and accurately check plans for compliance with applicable fire codes and standards. Our fire protection staff routinely review and inspect projects for compliance with fire and life safety regulations. Our Fire Plans Examiners and Inspectors have extensive experience in the use and application of the following model codes, standards, and regulations: • California Fire Code (CFC) and California Building Code (CBC), with local amendments and regulations. • Adopted National Fire Protection Standards ■ California Health and Safety Code • Appropriate listings (CSFM, U.L., etc.) for common systems and materials • Fire Department Standards • Municipal, State or Federal regulations enforced by local Fire Agencies • NFPA Standards 13 (automatic fire sprinkler systems BPR Page 25 CITY OF LODI I BUILDING INSPECTION DIVISION CONTRACT SERVICES A: BUILDING PLAN REVIEW & BUILDING INSPECTION AW • NFPA Standards 14 (standpipes) ■ NFPA Standards 20 (fire pumps) • NFPA Standards 72 (fire alarms) • NFPA Standards 96 (smoke control) ■ NFPA 101 Life Safety Code BPR's staff is active with California Fire Prevention Officer's Association, as well as local chapters of International Code Council Building Officials Organizations throughout the State of California. Transporting Plans For paper submittal documents, we will arrange for all pick-up and delivery of the plan review documents from your office at no additional cost. We utilize specific methods for project document pick-up and delivery with the goal of providing same-day service. Electronic Plan Review BPR Consulting Group maintains an efficient cloud -based, electronic -document, submittal system for receiving and sending large electronic document files. Our electronic document portal utilizes a SharePoint system to allow permit applicants and client staff the ability to upload construction documents for our plan review services. BPR Consulting Group has provided electronic plan review services, serving building departments and other public agencies with efficient electronic plan review services. We are prepared to provide electronic plan check services for your community utilizing our Bluebeam electronic plan review system, or any electronic plan review system presently used by your department. We have had the opportunity to work with many different electronic plan review systems and our preferred system is Bluebeam, an industry-leading software used by manyjurisdictions, design teams and contractors to review and annotate construction documents. We have worked with multiple clients to purchase and deploy Bluebeam software, develop jurisdiction -specific stamps, develop tools to increase efficiencies for electronic plan reviews, and participate and provide ongoing training on the use of the software. Communicating Plan Review Results Plan review comments, when necessary, will be type written and refer to specific details, drawing or supporting document, and reference applicable code sections. BPR will provide a clear, i concise, and thorough plan review letter itemized by specific discipline such as life safety, accessibility, structural, plumbing, mechanical, etc., that can be utilized by clients, designers, contractors, and owners to understand the noted deficiencies and make necessary corrections to the project documents. At the completion of each plan review cycle, BPR Consulting Group will return a copy of the plan review comment list to the designated applicant and project representative. If requested, we will coordinate plan review re -checks directly with the designated project applicant. Upon completion of the plan review process, we will return completed plan review documents, in either hard copy or electronic format as needed, bearing BPR's plan review stamps and ready forfinal approval and permit issuance by the City. BPR Page 26 CITY OF LODI I BUILDING INSPECTION DIVISION CONTRACT SERVICES A: BUILDING PLAN REVIEW & BUILDING INSPECTION Standard Plan Review Completion Timeframes We complete all plan reviews within the timeframes shown below for both commercial and residential projects as our standard business practice. We will accommodate any turnaround schedule agreed to with our clients. We can provide expedited plan review services when requested. Project Type Initial Submittal Maximum Turn Around Time (Business Days) Backcheck Reviews Residential (Single Family) New Construction 10 5 Addition 10 5 Remodel 10 5 Non -Residential New Construction 10 5 Addition 10 5 Remodel, Tenant Improvement 10 5 Large, Complex Commercial or Residential Multi -Family Projects 15 10 On -Site Consultant Services & Meeting Attendance Our plan review 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. We understand, fully grasp, and utilize the efficiency afforded by the many electronic meeting platforms that have become available in recent years. We find electronic meeting platforms such as Microsoft Teams, Zoom, and others allow for efficient and constructive communication between parties located throughoutthe United States and are an efficienttool for resolution of challenging issues both during plan review and field inspections. Ourstaff is available to meetwith the City, project applicants and their design teams either in person or via electronic platform to resolve plan review issues efficiently and collaboratively. Customer Service I Responsiveness BPR's staff is always available and willing to discuss plan review issues for projects that we have reviewed with Building Division staff, applicants, designers and contractors via in-person or electronic meetings, telephone, or e-mail as required to resolve plan review related issues. We maintain Microsoft Teams, Zoom and GoToMeeting accounts to foster efficient communication with project proponents regardless of their physical location. Voice mails and e-mails will be responded to the same day they are received, if possible, always within 24 hours. BPR's staff when not available immediately, will respond within one business day to questions from the Building Official or inspection staff which may be generated during field inspections of projects which were reviewed by BPR staff. BPR Page 27 CITY OF LODI I BUILDING INSPECTION DIVISION CONTRACT SERVICES A: BUILDING PLAN REVIEW & BUILDING INSPECTION AW BUILDING INSPECTION SERVICES BPR maintains the staffing and ability to provide experienced and qualified building inspectors who are appropriately ICC -certified to provide the requested inspection services. Our inspection staff will perform inspection services'r' to verify that the work of construction is in conformance with approved project plans as well as identifying issues of non-compliance with applicable building codes. Our field inspection services will include inspection of all portions of projects including project sites as applicable. Our building inspectors will write legible and understandable correction notices, field reports and will be available to answer in-person, emailed, or telephone inquiries. All inspection personnel assigned will be ICC and/or CASp certified as required. We understand that many municipalities have amended code sections, policies and ordinances that impact the work that is inspected and shown on approved project plans. Our inspection staff will familiarize themselves with local requirements to ensure that the projects we are inspecting are compliant with local and current code requirements. Specifically, our inspectors will ensure compliance with the applicable provisions of the Title 24 California Building Standards Code, Parts 1 through 12, covering structural, fire prevention, life safety, disabled access, energy conservation, green building, plumbing, mechanical and electrical installations in residential, commercial, industrial, existing and historical buildings. BPR's ICC/CASp certified inspectors have performed building inspection services on a wide variety of construction projects including master planned developments, single-family production, custom homes, commercial, manufacturing, institutional, assembly, essential service, industrial projects and historical designated buildings. When necessary for large or fast -paced projects, multiple inspectors can be made available. BPR's inspectors will inspect projects to verify conformance with approved project drawings and specifications which will include review of the permit documents to verify that onsite conditions are consistent with the approved documents for size, setbacks, heights and other applicable requirements. At the completion of inspections, BPR's inspectors will update database information and complete necessary forms and documents as required to provide seamless service. BPR will provide building and fire safety field inspectors as soon as possible after receiving the request for inspection staff from the City of Lodi. We understand the City reserves the right to accept proposed inspection staff. BPR Page 28 CITY OF LODI I BUILDING INSPECTION DIVISION CONTRACT SERVICES A: BUILDING PLAN REVIEW & BUILDING INSPECTION Inspector Qualifications & Certifications BPR will work with the City of Lodi to select appropriately qualified inspectors with applicable experience and specific code knowledge based on the types of projects assigned for inspection. All BPR inspectors are ICC - certified, with many maintaining CASp certification. In addition, BPR employs OSHPD certified inspectors available for inspection of OSHPD designated facilities. Qualified inspectors having experience with inspection of new, existing and historical buildings/sites, building code enforcement, and building inspections for projects with steep slope grading requirements, will be assigned as appropriate. Inspection personnel will have the ability to read, understand and interpret construction plans, truss drawings and calculations, prepare and maintain accurate records and reports, communicate effectively orally and in writing and to work effectively with contractors, permit applicants, homeowners and agency staff. Inspectors will possess knowledge of approved and modern methods, materials, tools and safety used in building inspection and the most current building and fire standards. Our inspectors are familiar with most of the common scheduling and tracking systems utilized by building departments and can quickly adapt to your systems and requirements. a Z BPR Page 29 EXHIBIT B CITY OF LODI I BUILDING INSPECTION DIVISION CONTRACT SERVICES A: BUILDING PLAN REVIEW & BUILDING INSPECTION +,. SECTION 6 PROPOSED FEE STRUCTURE PLAN REVIEW SERVICES: For complete plan review services for building projects reviewed in either hard copy of electronic format we propose a fee equal to 68% of the plan review fees based on the City's adopted fee schedule. Plan review services will include an initial first review and two back check reviews of the plans. 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. Expedited plan checks will be billed at 145% of the standard rate. For review of revisions to approved plans, review of deferred submittal items and similar reviews we propose to provide these services on an hourly basis using the rates listed in our Schedule of Hourly Billing Rates. For partial reviews such as foundation only, structural only, life safety only, preliminary reviews, fire 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. There is no charge for shipping, supplies, or material costs. INSPECTION SERVICES: Inspection services, when requested, can be provided at the hourly rates listed in our Schedule of Hourly Billing Rates. There will be a minimum 8 -hour daily inspection charge for all on call inspection services. SCHEDULE OF HOURLY BILLING RATES The rates displayed in the schedule below reflect BPR's current hourly billing rates. CLASSIFICATION HOURLY BILLING RATE Licensed Plan Review Engineer (structural, civil, electrical, mechanical).....................................$135 ICC Certified Plans Examiner.............................................................................................................110 CASp Plans Examiner or Inspector....................................................................................................120 ICCCertified Inspector*............................................................................................................95 to 115 Fire Protection Engineer....................................................................................................................135 ICCFire Plans Examiner.....................................................................................................................110 ICCFire Inspector...............................................................................................................................115 PermitTechnician*.....................................................................................................................65 to 75 Permit Technician Trainee/ Building Department Support Staff.......................................................50 *Range based on qualifications and number of certifications held ■ Shipping: There is no charge for courier or shipping services for plan reviews conducted off site. ■ Overtime: Inspection services and other hourly services provided in excess of eight hours per day, nights, and weekends will be charged at 140% of the billing rates indicated above. • Expedited Plan Reviews: Expedited plan reviews can be provided upon request. Fees for expedited plan review services will be 145% of the above noted hourly rates. • Mileage: Vehicle mileage utilized in the performance of inspection services will be billed at the current IRS vehicle mileage rate. ■ Minimum Daily Charge: There will be a minimum 8 -hour daily charge for all on-call plan review and/or inspection services provided within City offices. BPR Page 30 i EXHIBIT C NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City's online insurance program requesting you to forward the email to your insurance provider(s) to submit the required insurance documentation electronically Insurance Requirements for Design Professionals-Architects/Engineers Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non - owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limits not less than $2,000,000 per occurrence or claim. Other Insurance Provisions: (a) Additional Named Insured Status The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used (b) Primary and Non -Contributory Insurance Endorsement The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Lodi has received a waiver of subrogation endorsement from the insurer NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp oiect that it is insuring. (d) Severability of Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies. (e) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. Page 1 1 of 2 pages I Risk: rev. 3/1/2018 (f) Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). (g) Failure to Comply If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. (h) Verification of Coverage Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. (i) Self -Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. (j) Insurance Limits The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents, representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials, employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of insurance. (k) Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors (1) Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (m) Qualified Insurer(s) All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. Page 2 1 of 2 pages Risk: rev. 3/1/2018 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on 2022, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and CSG CONSULTANTS, INC., a California corporation (hereinafter "CONTRACTOR"). Section 1.2 Purpose CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference. CITY wishes to enter into an agreement with CONTRACTOR for Building Codes Plans Examining, Building Codes Inspection, Fire Codes Plans Examining, Fire Codes Inspection, and Code Enforcement 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 November 1, 2022 and terminates upon the completion of the Scope of Services or on October 31, 2024, whichever occurs first. PJ ARTICLE 3 COMPENSATION Section 3.1 Compensation CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference. CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY. Section 3.2 Method of Payment CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.3 Costs The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.4 Auditing CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. 3 ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. Section 4.4 No Personal Liability Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. 4 Section 4.5 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Requirements for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. Section 4.7 Successors and Assigns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Stephen Schwabauer To CONTRACTOR: CSG Consultants, Inc. 1303 J Street, #270 Sacramento, CA 95814 Attn: Bob Latz Section 4.9 Cooperation of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. Section 4.10 CONTRACTOR is Not an Employee of CITY CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of 5 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 fees from the party who does not prevail as determined by the San Joaquin County Superior Court. 6 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. Section 4.22 Counterparts and Electronic Siqnatures This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in "portable document format" (".pdf") or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature. 8 Section 4.22 Counterparts and Electronic Signatures This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Deiivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in "portable document format" (°.pdf') or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST: OLIVIA HASHED City Clerk APPROVED AS TO FORM: JANICE D. MAGDICH, City Attorney By: CITY OF LODI, a municipal corporation STEPHEN SCHWABAUER City Manager CSG CONSULTANTS, INC., a California corporation By: _ Name Title: Bob Latz CBD Regional Manager 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 & 10061000.72450 (Business Unit &. Account No.) 192•ilW C& Rev.44.20221T 8 Approach to Work EXHIBIT A CSG PROPOSAL TO THE CITY OF LODI BUILDING INSPECTION DIVISION CONTRACT SERVICES 0 CSG's proposed team has been selected to best support the specific needs of the City and will deliver the highest level of service through its application of technical expertise, knowledge of municipal processes and procedures, efficient and effective customer care, and application of code compliance combined with innovative and helpful alternatives. Our extensive experience in furnishing comprehensive building and fire life safety services to jurisdictions provides a consistent, strong technical foundation to all projects. From providing leading-edge digital plan review and online plan check status reporting to delivering faster -than - scheduled turnaround times and code interpretations, CSG will deliver the highest quality services to the City of Rocklin. CSG's approach to work includes the following methodologies and key benefits: A wealth of fully committed and qualified personnel. We maintain staff that is fully licensed and certified at the highest level of industry standards. To keep our personnel on the industry's leading edge, many serve as instructors and lecturers and sit on boards and committees for organizations developing and implementing important code regulations. We also keep current with the latest in procedures and use of products. P Customized, responsive services. We are skilled at assessing time commitments, developing accurate work plans and applying dedicated, professional personnel with the skills and experience best -suited for the project. We can quickly fine-tune staffing levels to match or adjust to changes in plan review, inspection, and front counter activity and ensure responsiveness to customers. With our digital plan review capabilities, we are able to utilize plan review resources from any of our regional offices. In addition, we excel at coordinating with all agency departments as well as outside agencies. P Rapid turnarounds and expedited services. With extensive experience in both code application and the digital plan review process, our staff excels at performing expeditious turnarounds while delivering thorough and accurate reviews. We easily match and more often beat any required review turnaround deadlines. Leading-edge, cost-saving technology and methods. CSG delivers a suite of digital options— speedy digital plan reviews and electronic versions of plan comments; an easy-to-use online application for plan submittal, tracking and approval of digital plans; and available full scanning and archiving services. In addition, through knowledge gained from service to over 200 public agencies, we are constantly improving and adapting to provide our clients with the most cost-effective services. Environmentally friendly practices. Our corporate policy on sustainability supports a healthy environment, reduces our carbon footprint and promotes environmental stewardship through environmentally preferable purchasing and other actions including use of a digital plan review system that bypasses paper consumption, and use of duplexing and recycled, post -consumer content paper when printing is necessary. 5 CSG CONSULTANTS CSG PROPOSAL TOTHE CITY OF LODI BUILDING INSPECTION DIVISION CONTRACT SERVICES BUILDING & FIRE PLAN REVIEW SERVICES Our team of professionals is ready to assist in all aspects of plan review and to focus on the special needs and requirements of each of our clients. We pledge thorough and accurate reviews and prompt turnaround times and offer proven digital plan review services and comprehensive online status reports. CSG serves as an active partner, working as a seamless extension of our public agency clients in performing the requested services and working closely with the development community and public as directed. Compliance Standards Our engineers and plan reviewers carefully review all plans and documents for compliance with building codes, fire codes, energy conservation standards, and accessibility regulations adopted by the State of California, and all local policies and ordinances including but not limited to: I I I I I California Building Code, Volumes 1 and 2 California Residential Code California Electrical Code A"s California Plumbing Code California Mechanical Code California Fire Code California Energy Code California Green Building Standards Code (CALGreen) California Existing Building Code California Health and Safety Code National Fire Protection Association (NFPA) Standards as adopted and referenced by the State of California (California Code of Regulations, Title -19) State Historical Building Code NPDES/WQMP/SWPPP Compliance Local adopted ordinances and amendments relative to building, fire and municipal codes, including project Conditions of Approval from other agency departments, divisions, and regulating agencies Digital Plan Review CSG has been providing digital plan Leading the field review services for over 20 years, digital plan revie leading the consultant field with this ground -breaking service. All paper plans services for over: submitted to CSG for building and fire plan review are immediately scanned into digital files and stored on CSG's servers for quick and easy access by both our clients and our plan reviewers. Our plan reviewers furnish electronic versions of their plan comments conforming to each client's established correction list templates. Any additional forms utilized by the agency will be incorporated into the correction comments and returned with the appropriate recommendations. Plan check comments can be delivered electronically by email or other agency -approved means, enabling staff to immediately modify CSG's checklist for incorporation with other department comments. We provide convenient, environmentally friendly digital storage of all construction -related documents, and on request, can provide clients with a set of digitally scanned plans at no additional cost. In addition, for jurisdictions requesting a pure digital plan review workflow, we can enable an applicant to submit digital files—with no size limitations—directly to CSG via our web -based application. Our application 6 CSG CONSULTANTS CSG PROPOSAL TOTHE CITY OF LODI BUILDING INSPECTION DIVISION CONTRACT SERVICES includes an online portal for the applicant/jurisdiction to retrieve comments and marked -up digital plans including redlines. Importantly, this service tracks the status of all submittals and re -submittals until the plans have been approved. Key features of our digital plan review service include: Efficient. Plans are pushed to plan review staff the same day they are received. User-friendly. CSG developed its own online portal specifically to manage the electronic file submittal process. Through use of this interface, the applicant is no longer faced with size restrictions on email attachments or required to learn complex file transfer settings. Proven. We have provided a digital plan review option to our clients for over 20 years. Non -Proprietary. CSG's electronic review process is 100% PDF -based with no additional software required to view redlines. Plans Pickup and Delivery CSG will coordinate pickup and delivery of plans and other materials from/to the agency via CSG personnel or an approved alternative service. Green Building and LEED Accreditation Our Building Division team is experienced in plan review and inspection for compliance with CALGreen and local green building ordinances and includes LEED Accredited Professionals. In addition, CSG Consultants has the qualifications necessary to assist with both the development of policy and the implementation of green and sustainable building practices. CSG's Sustainability Programs division can assist, for example, with construction and demolition debris recycling programs and public outreach to the building industry. OSHPD 3 Reviews Our professional engineers and certified plans examiners are well -versed in the differences between CBC and OSHPD 3 facilities and have successfully completed OSHPD 3 plan reviews for multiple client agencies. 7 CSG CONSULTANTS Online Plan Check Status _ CSG CSG offers a convenient service allowing clients to check plan review status and comments online. By accessing our secure Plan Check Status website, agency staff CSG Plan Check System as well as authorized applicants can view their project documents and plans and gocommunicate with the specific plan checker via e-mail. Staff and authorized applicants can download comments upon completion of the plan check. There is no additional cost for this service. Plans Pickup and Delivery CSG will coordinate pickup and delivery of plans and other materials from/to the agency via CSG personnel or an approved alternative service. Green Building and LEED Accreditation Our Building Division team is experienced in plan review and inspection for compliance with CALGreen and local green building ordinances and includes LEED Accredited Professionals. In addition, CSG Consultants has the qualifications necessary to assist with both the development of policy and the implementation of green and sustainable building practices. CSG's Sustainability Programs division can assist, for example, with construction and demolition debris recycling programs and public outreach to the building industry. OSHPD 3 Reviews Our professional engineers and certified plans examiners are well -versed in the differences between CBC and OSHPD 3 facilities and have successfully completed OSHPD 3 plan reviews for multiple client agencies. 7 CSG CONSULTANTS BUILDING INSPECTION SERVICES CSG PROPOSAL TOTHE CITY OF LODI BUILDING INSPECTION DIVISION CONTRACT SERVICES CSG provides fully integrated, multi - disciplined building inspection services for residential, commercial, and industrial projects. Our inspection personnel have an outstanding mixture of technical expertise and experience in all construction types. We provide experienced, ICC certified inspectors who work with a team approach to ensure compliance with applicable codes and requirements and provide solutions to mitigate potential risks and safety hazards. Using well -honed customer service and communication skills our inspectors excel at educating stakeholders to keep projects moving forward. Our inspectors also utilize current technologies and equipment to view plans and documents, research related code requirements, document field conditions and progress, and share that information with stakeholders while in the field. Key services include but are not limited to the following: P Providing inspection services to ensure project compliance with State adopted codes and local amendments including building, electrical, mechanical and plumbing codes Offering code interpretation and education P Seamlessly integrating into client organizations and consistently enforcing policies and procedures Addressing and resolving inquiries P Maintaining records and files Providing all vehicles, fuel, maintenance and other equipment necessaryfor inspectors to carry out duties. CERTIFIED ACCESS SPECIALIST PROGRAM SERVICES CASp Plan Review Services We understand California Building Departments are required to have CASA certified staff in place and available for technical questions and interpretations. Our CASp certified team members are knowledgeable of state and federal accessibility laws and regulations and possess the expertise necessary to promote access to facilities for persons with disabilities. In accordance with current regulations, CSG can provide CASA certified professionals to review plans for accessibility and to facilitate compliance with regulations. CASp Consultation Services To facilitate the City's compliance with current rules and regulations, CSG will provide a CASp certified professional for technical questions and interpretations and to perform accessibility compliance inspections upon request. 8 CSG CONSULTANTS CSG PROPOSAL TOTHE CITY OF LODI BUILDING INSPECTION DIVISION CONTRACT SERVICES FIRE INSPECTION SERVICES CSG offers experienced, CSFM/ICC certified inspectors. Typical responsibilities include but are not limited to providing inspection services for fire and life safety systems and construction and maintaining records and files concerning fire permits and code administration documents. We offer fully integrated, multi -disciplined fire inspection services for residential, commercial, and industrial projects, and are experienced in all construction types. Our inspectors ensure compliance with applicable codes and requirements by identifying code violations, offering solutions to developers, property owners and tenants on potential risks and safety hazards, and by working as a team to correct violations. Our inspection staff easily integrates into client organizations, consistently implementing policies and procedures and remaining transparent to applicants and customers. Specific inspections include, but are not limited to: P Automatic Fire Sprinkler Systems Engineered and Pre-engineered Fire Protection Systems (e.g., kitchen hoods, spray booths, clean agent systems) P Fire Alarm Systems Development Improvements (e.g., fire hydrant and other types of water supply systems, fire department access, underground fire Services) P Fire Code Maintenance/Life Safety (e.g., permitted sites, public and private schools, State licensed facilities, hotels, motels and apartment complexes) CODE ENFORCEMENT CSG maintains experienced Code Enforcement Officers who are fully trained, licensed, and certified through the California Association of Code Enforcement Officers (CACEO) and the National Environmental Health Association (NEHA) for any code enforcement or health and safety challenges presented. Code Enforcement Supervision CSG can provide interim staffing to augment an agency's code enforcement personnel and day-to-day activities, ensuring, for example, that procedures are followed, caseloads are managed effectively, and that code enforcement officers work fairly and consistently with property owners and reporting parties. Our personnel are adept at serving as liaisons for Code Enforcement units when interacting with members of other departments and the general public. CSG Code Enforcement Managers are available to attend department meetings, committee meetings and City Council meetings when appropriate.. They are also available to accompany code enforcement officers, law enforcement, and other City staff as well as representatives of other agencies on field visits when needed. In addition, CSG personnel can review existing code enforcement programs—look for efficiencies and help establish appropriate policies and procedures to facilitate the mission of the code enforcement unit. Code Enforcement Services CSG's Code Enforcement Officers work to identify code violations and engage stakeholders and responsible parties to correct code violations consistent with municipal and state codes tailored to the specific needs of the agency. Examples of codes and ordinances enforced include: Zoning codes Building codes Housing codes Public nuisance codes State health & safety codes P Property Maintenance Special concerns such as noise abatement issues, business licensing and permits, work and safety regulations, short term rental enforcement, massage, and human trafficking, and marijuana dispensaries 9 CSG CONSULTANTS CSG PROPOSAL TOTHE CITY OF LODI BUILDING INSPECTION DIVISION CONTRACT SERVICES Our Code Enforcement Officers have extensive experience and skills in the following key areas: Code enforcement program review and analysis P Code enforcement inspections to encourage voluntary compliance P Preparing administrative remedies including issuing notices of violations and citations Conducting administrative hearings P Preparing program documentation and staff reports as well as committee and City Council presentations P Testifying on behalf of clients in administrative hearings or criminal court P License and permit application review and processing P Coordination of activities with multiple departments including Building, Planning, Community Development, Police and City Attorneys Providing information on municipal regulations to property owners, residents, businesses, and the public, as well as for agency departments P Meeting with property owners to obtain compliance Maintaining records of inspections using online databases such as Infor, Trakit, Accela, and Citizenserve Writing letters and preparing reports for filing and documentation Although a majority of our results are gained by voluntary compliance, our services include a full range of code enforcement activities, including: Enforcing administrative abatements and managing receiverships P Testifying in public hearings and court proceedings on behalf of the agency P Facilitating settlement agreements Recommending changes to the code 10 CSG CONSULTANTS CSG PROPOSAL TOTHE CITY OF LODI BUILDING INSPECTION DIVISION CONTRACT SERVICES COMMITMENT TO EXCELLENCE Our People Our clients benefit from the expertise of our team members who hold a wide variety of project experiences and are motivated to achieve the highest level of technical proficiency and certification. Knowing technical excellence is vital to successful service to our clients and to meeting their jurisdictions' level of safety and code compliance, our team members are ICC certified, include registered engineers, and possess additional required professional certifications. They routinely update their knowledge and skills through attendance of specialized training classes and continuing certification seminars in the most current building codes and standards as well as approved and modern methods, materials, tools and safety practices used in the industry. In addition, we understand that integrity, responsive customer service, and excellent communication and interpersonal skills are critical to on-the-job success, and we actively seek these qualities in our team members. We also support our team members in their participation in and contributions to the many important associations and organizations within our industry. Many of our team members hold or have held key positions within the organizations listed below and have served as in -demand instructors and trainers. League of California Cities International Code Council California Building Officials County Building Officials Association of California ICC Chapters of Ventura, Central Coast, Los Angeles Basin, Orange Empire, Foothill, Coachella, Redwood Empire, Napa-Solano, Peninsula, East Bay, Monterey, Sacramento Valley, Yosemite, Shasta Cascade Certified Access Specialist Institute (CAST) California Fire Chiefs Association Northern California Fire Prevention Officers Southern California Fire Prevention Officers National Fire Protection Association California Automatic Fire Alarm Association American Fire Sprinkler Association National Fire Sprinkler Association American Public Works Association American Society of Safety Engineers (ASSE) Institute of Transportation Engineers Structural Engineers Association of Northern California Structural Engineers Association of Southern California American Planning Association (APA) California Chapter Orange, Los Angeles, Northern, Sacramento Valley, Inland Empire, and Central American Institute of Certified Planners (AIP) Urban Land Institute (ULI) '01LD" o -?S -0- o W P9jN�NG IN`+i`Jh MEMBER F1 ■ CALIFORNIA i l BUILDING OFFICIALS I I\TUL\A [ 1a\dL International City/County Management Association (ICMA) .,90\ Urban Land Institute 1CMA 11 CSG CONSULTANTS CSG PROPOSAL TOTHE CITY OF LODI BUILDING INSPECTION DIVISION CONTRACT SERVICES Quality Assurance Key to our approach to quality assurance is that it must occur throughout the entirety of the project and with the right people involved every step of the way. Our team's unwavering integrity and commitment are combined with our internal processes and leading-edge digital technology to consistently produce quality work products and maintain highly satisfied clients. At project outset, CSG's project manager assigns the most technically specialized team members who, through their experience and training, best understand the needs of our client. Our quality control processes include verifying procedures and code requirements, defining and applying standards used in code applications, and assessing work products to ensure that jurisdictional requirements and expectations are met. 12 CSG CONSULTANTS CSG PROPOSAL TOTHE CITY OF LODI BUILDING INSPECTION DIVISION CONTRACT SERVICES AVAILABILITY AND CUSTOMER SERVICE We clearly understand the importance of our role in the success of the City and commit to providing project stakeholders and City staff with the highest level of service while functioning as a seamless extension of the City. We believe effective communication, responsiveness and an intense focus on customer service are essential to developing and continuing a successful working relationship between City staff, project stakeholders and CSG's team members. Office Hours and Meeting Availability Plan Review CSG plan checkers are available for inquiries, at no additional charge, anytime during normal business hours via phone or email, Monday through Friday. Our plan checkers can typically respond to the City for all questions or requests generated during any plan review on the same day, but no later than the following day a request is received. For the City's convenience, we can also meet in-person with City staff and project stakeholders, or can utilize video conferencing, if convenient for the parties involved. We recognize the value of pre -design consultation with prospective applicants and are available to provide this service as well. Our designated project manager will be available in-person for consultation and meetings with a reasonable lead time. Inspection CSG inspectors can be ready to provide services upon request to CSG's designated project manager. We are flexible and can alter our hours to meet the City's needs. Evening and weekend inspections for special construction events can be accommodated with sufficient notice. CSG staff can typically respond to the City for all questions or requests generated during field inspections on the same day, but no later than the following day a request is received. Code Enforcement CSG Code Enforcement Officers can be ready to provide services upon request to CSG's designated project manager. 13 CSG CONSULTANTS Fee Schedule EXHIBIT B CSG PROPOSAL TOTHE CITY OF LODI BUILDING INSPECTION DIVISION CONTRACT SERVICES v CSG's fee schedule for proposed work is provided below. CSG will coordinate the pickup and return of all plans to CSG via CSG staff or a licensed courier service. This service is provided at no additional cost. Plan review is based on a percentage of plan check fees and includes the initial plan review and two subsequent reviews. Additional reviews, deferred submittals, revisions, and RFIs will be charged at the appropriate hourly rate below or as otherwise determined by mutual agreement with the City. RFIs for larger developments will be performed at an hourly rate, and turnaround times will be agreed upon in advance with the City. PERSONNEL• RATE BUILDING SERVICES Off-site Building Plan Review 70% of City's Plan Check Fee Expedited Plan review percentage 90% of City's Plan Check Fee $115 Certified Building Plan Reviewer $150 Structural Plan Review (Structural Engineer) Structural Plan Review (Professional Engineer) $135 Expedited Plan Review hourly 1.5 x Hourly Rate CASp Inspector $135 CASp Consultation $135 Certified Senior Building Inspector $125 tified Building Inspector $110 FIRE SERVICES i Fire Plan Review $130 Fire Inspection $130 Fire Protection Engineer $250 CODE ENFORCEMENT SERVICES Code Enforcement Manager $180 Senior Code Enforcement Officer $140 Code Enforcement Officer II $130 Code Enforcement Officer 1 $110 All hourly rates include salaries, benefits, workers compensation insurance, local travel and miscellaneous office expenses. Should the scope of work change, or circumstances develop which necessitate special handling, CSG will notify the City prior to proceeding. Overtime services will be billed at 1.5x the applicable hourly rate. On July 1 of each year following the contract start date, CSG will initiate an hourly rate increase based on change in CPI for the applicable region. CSG will mail an invoice every month for services rendered during the previous month. Unless otherwise agreed, payment terms are 30 -days from receipt of invoice. 21 CSG CONSULTANTS i EXHIBIT C NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City's online insurance program requesting you to forward the email to your insurance provider(s) to submit the required insurance documentation electronically Insurance Requirements for Design Professionals-Architects/Engineers Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non - owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limits not less than $2,000,000 per occurrence or claim. Other Insurance Provisions: (a) Additional Named Insured Status The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used (b) Primary and Non -Contributory Insurance Endorsement The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Lodi has received a waiver of subrogation endorsement from the insurer NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp oiect that it is insuring. (d) Severability of Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies. (e) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. Page 1 1 of 2 pages I Risk: rev. 3/1/2018 (f) Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). (g) Failure to Comply If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. (h) Verification of Coverage Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. (i) Self -Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. (j) Insurance Limits The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents, representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials, employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of insurance. (k) Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors (1) Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (m) Qualified Insurer(s) All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. Page 2 1 of 2 pages Risk: rev. 3/1/2018 RESOLUTION NO. 2022-252 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENTS WITH 4 LEAF, INC., OF PLEASANTON; INTERWEST CONSULTING GROUP, INC., OF ROSEVILLE; BUREAU VERITAS NORTH AMERICA, INC., OF SACRAMENTO; BPR CONSULTING GROUP, LLC, OF EL DORADO HILLS; AND CSG CONSULTANTS, INC., OF SACRAMENTO, FOR BUILDING CODES PLANS EXAMINING, BUILDING CODES INSPECTION, FIRE CODES PLANS EXAMINING, FIRE CODES INSPECTION, AND CODE ENFORCEMENT SERVICES WHEREAS, in August 2022, staff requested written quotes from five companies that can provide the required services for building codes plans examining, building codes inspection, fire codes plans examining, fire codes inspection, and code enforcement services. All five submitted the required documentation; and WHEREAS, the Building and Safety Division relies on outside consultants to provide professional building industry services on an as -needed basis, and there is a need for multiple contracts to ensure availability. Staff has been operating with contracts that will terminate on October 31, 2022; and WHEREAS, execution of the agreements does not obligate the City to use the services, but offers 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 two optional two-year extensions with 4 Leaf, Inc., of Pleasanton, California; Interwest Consulting Group, Inc., of Roseville, California; Bureau Veritas North America, Inc., of Sacramento, California; BPR Consulting Group, LLC, of EI Dorado Hills, California; and CSG Consultants, Inc., of Sacramento, California, for building codes plans examining, building codes inspection, fire codes plans examining, fire codes inspection, and code enforcement services, in an amount not to exceed $1,200,000 over the possible six-year term; and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: October 19, 2022 I hereby certify that Resolution No. 2022-252 was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 19, 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS — Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler COUNCIL MEMBERS — None COUNCIL MEMBERS — None COUNCIL MEMBERS — None 2022-252 OLIVIA NASHED City Clerk