HomeMy WebLinkAboutAgenda Report - November 2, 2022 C-09CITY OF
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CALIFORNIA
AGENDA ITEM
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COUNCIL COMMUNICATION
AGENDA TITLE: Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 1 to
the Professional Services Agreement with 4 Leaf, Inc. for Building Codes Plans
Examining, Building Codes Inspection, Fire Codes Plans Examining, Fire Codes
Inspection, and Code Enforcement Services to increase the current contract ending
October 31,2022, by adding an amount not to exceed $60,000, for a total amount not to
exceed $960,000 over the term of the Agreement.
MEETING DATE: November 02, 2022
PREPARED BY: Community Development Director
RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute Amendment
No. 1 to the Professional Services Agreement with 4 Leaf, Inc. for
Building Codes Plans Examining, Building Codes Inspection, Fire Codes
Plans Examining, Fire Codes Inspection, and Code Enforcement Services to increase the current contract
ending October 31,2022, by adding an amount not to exceed $60,000, for a total amount not to exceed
$960,000 over the term of the Agreement.
BACKGROUND INFORMATION: The Building & Safety Division relies on outside consultants to provide
services such as plan review, building inspection, and Community
Improvement staffing. The department exceeded its funding due to
delays in finding qualified City staff.
Staff recommends City Council adopt a resolution authorizing the City Manager to execute Amendment No. 1 to
the Professional Services Agreement with 4 Leaf, Inc. for Building Codes Plans Examining, Building Codes
Inspection, Fire Codes Plans Examining, Fire Codes Inspection, and Code Enforcement Service Agreement to
increase the current contract ending October 31,2022, by adding an amount not to exceed $60,000, for a total
amount not to exceed $960,000 over the term of the Agreement.
FISCAL IMPACT: Costs will be absorbed in the Community Development Special Revenue Fund for
Building and Fire Code Services and the General Fund for Code Enforcement
Services.
FUNDING AVAILABLE: 27081000.72450 & 10061000.72450
Andrew Keys
Deputy City Mana er/Internal Services Director
John. Dela Monica, Jr.
Com unity Development Director
APPROVED: ZZ t .,, ,o z,6, C p�„
Stephen Schwabauer, City Manager
CONTRACT AMENDMENT No
BUILDING CODES PLANS EXAMINING, BUILDING INSPECTION, FIRE CODE PLANS EXAMINING, AND
FIRE CODE INSPECTION SERVICES
THIS CONTRACT AMENDMENT No. 1 is made and effective this day of October, 2022, by and
between the CITY OF LODI, a municipal corporation, hereinafter called "CITY", and 4 LEAF, INC., a California
Corporation, hereinafter called "Contractor."
WITNESSETH:
CONTRACT: Contractor and City, entered into a Construction Services Agreement for Professional
Services on November 2, 2016, Contract Extension No. 1 on January 15, 2019, and Contract
Extension No. 2 on February 4, 2021 (Collectively the "Agreement"), attached hereto as Exhibit A and
made a part hereof as though fully set forth herein. Contractor and City now desire to increase the
current contract ending October 31, 2022, by adding an amount not to exceed $60,000, for a total
amount not to exceed $960,000 over the term of the Agreement.
2. TERMS AND CONDITIONS: All other terms and conditions of the Agreement except as set forth above,
will remain unchanged.
Counterparts and Electronic Signatures. This Agreement and other documents to be delivered pursuant to this
Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all
of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be
effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party
agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are
intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of
this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by
facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in "portable document
format" (".pdf') or similar format intended to preserve the original graphic and pictorial appearance of a document, or
through the use of electronic signature software will have the same effect as physical delivery of the paper document
bearing an original signature.
CITY OF LODI, a municipal corporation
STEPHEN SCHWABAUER
City Manager
Attest
OLIVIA NASHED
City Clerk
Approved as to Form:
JANICE D. MAGDICH
City Attorney
CONTRACTOR
4 LEAF, INC.,
a California Corporation
By: JOE NICOLAS
Title: Executive Project Manager
\\cvcfilv02\Departments$\Community Development\Contracts\Building & Safety 2016\4 Leaf\Amendment No. 1\101222_4Leaf_PSA_Amendment1.doc
Exhibit A
AGREEMENT EXTENSION No. 2
BUILDING CODES PLANS EXAMINING, BUILDING INSPECTION, FIRE CODE PLANS EXAMINING AND
FIRE CODE INSPECTION SERVICES
!� F
THIS AGREEMENT EXTENSION No. Z is made and effective this f day of 2 21, by and
between the CITY OF LODI, a municipal corporation, hereinafter Called "CITY',and 4LEAF INC., a California
Corporation, hereinafter called "CONTRACTOR."
WITNESSETH:
CONTRACT: CONTRACTOR and CITY, entered into an Agreement for Professional Services an
November 2, 2016 and Contract Extension No. 1 on January 15, 2019 (Collectively the "Agreement'),
attached hereto as Exhibit 1 and made a part hereof as though fully set forth herein; and
2 EXTENTION TERM: CONTRACTOR and CITY now desire to extend the term of the Agreement an
additional two (2) years, from November 1, 2020 to and including October 31, 2022 In accordance with
Section 2.7 thereof. Extension of the term of the Agreement shall not increase the compensation
payable to CONTRACTOR as set forth in paragraph 3.1 and Exhibit B of the Agreement
counteeMags dnSt_ 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 mall In "portable
document format' (".pdr) 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 physlcai delivery of the
paper document bearing an original signature
CITY OF LODI, a municipal Corporation CONTRACTOR, called "Contractor"
Steve Schwabauer
STEPHEN SCHWABAUER
City Manager
e4vw" as Lu 1 LI 111
Janice D. Magdich
JANICE D. MAGDICH
City Attorney .�
4LEAF INC., a California Corporation
In
}Levin J. Duggan
Title: President
AGREEMENT EXTENSION No. 1
BUILDING CODES PLANS EXAMINING, BUILDING INSPECTION, FIRE CODE PLANS
EXAMINING AND FIRE CODE INSPECTION SERVICES
THIS AGREEMENT EXTENSION No. 1 is made and effective this _[�� day of
201V9by and between the CITY OF LODI, a municipal corporation, hereinafter
called "CIT ", and 4LEAF INC., a California Corporation, hereinafter called "CONTRACTOR."
WITNESSETH:
WHEREAS, CONTRACTOR and CITY, entered into an agreement for services on
November 2, 2016 (a copy of the Agreement is attached hereto as Exhibit 1 and made a
part hereof); and
2. WHEREAS, at its option, CITY has advised CONTRACTOR of its intent to extend the
term of the Agreement an additional two (2) years, from November 1, 2018 to and
including October 31, 2020, and both parties desire to extend the term of the Agreement
in accordance with Section 2.7 thereof; and
3. WHEREAS, the extension of the term of the Agreement shall not increase the
compensation payable to CONTRACTOR as set forth in paragraph 3.1 and Exhibit B of
the Agreement.
NOW THEREFORE AND IN WITNESS WHEREOF, CITY and CONTRACTOR have
executed this Agreement Extension No. 1 on the date and year first above written and
on the terms set forth above.
CITY OF LODI, a municipal corporation
STEPH —CHVVAQAUEV
City Manager
Attest:
- 3 - - •
ity Clerk
Approved as to Form:
JANICE D. MAGDICH
City Attorney
CONTRAC
41LF INC., a Calif nia Corporation
6\-
Title:"
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on M4VfW.1� O'�-, 20by and between
the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and 4 LEAF, INC.
(hereinafter "CONTRACTOR").
Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in
accordance with attached Scope of Services, Exhibit A, attached and incorporated by
this reference.
CITY wishes to enter into an agreement with CONTRACTOR for BUILDING
CODES PLANS EXAMINING, BUILDING INSPECTION, FIRE CODE PLANS
EXAMINING AND FIRE CODE INSPECTION SERVICES (hereinafter "Project") as set
forth in the Scope of Services attached here as Exhibit A. CONTRACTOR
acknowledges that it is qualified to provide such services to CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the
Scope of Services as set forth in Exhibit A.
Section 2.2 Time For Commencement and Completion of Work
CONTRACTOR shall commence work pursuant to this Agreement, upon receipt
of a written notice to proceed from CITY or on the date set forth in Section 2.6,
whichever occurs first, and shall perform all services diligently and complete work under
this Agreement based on a mutually agreed upon timeline or as otherwise designated in
the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY
staff to provide required data or review documents within the appropriate time frames.
The review time by CITY and any other agencies involved in the project shall not be
counted against CONTRACTOR's contract performance period. Also, any delays due to
1
weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall
remain in contact with reviewing agencies and make all efforts to review and return all
comments.
Section 2.3 Meetings
CONTRACTOR shall attend meetings as may be set forth in the Scope of
Services.
Section 2.4 Staffing
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's
capabilities and on the qualifications of CONTRACTOR's principals and staff as
identified in its proposal to CITY. The Scope of Services shall. be performed by
CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified
by CONTRACTOR of any change of Project Manager and CITY is granted the right of
approval of all original, additional and replacement personnel at CITY's sole discretion
and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff
prior to any change.
CONTRACTOR represents it is prepared to and can perform all services within
the Scope of Services (Exhibit A) and is prepared to and can perform all services
specified therein. CONTRACTOR represents that it has, or will have at the time this
Agreement is executed, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature are legally required for CONTRACTOR to practice its profession, and
that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of
this Agreement all such licenses, permits, qualifications, insurance and approvals, and
shall indemnify, defend and hold harmless CITY against any costs associated with such
licenses, permits, qualifications, insurance and approvals which may be imposed against
CITY under this Agreement.
Section 2.5 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter
into any subcontract with any other party for purposes of providing any work or services
covered by this Agreement.
Section 2.6 Term
The term of this Agreement commences on September 1, 2016 and terminates
upon the completion of the Scope of Services or on October 31, 2018, whichever occurs
first.
Section 2.7 Option to Extend Term of Agreement
At its option, City may extend the terms of this Agreement for an additional two
tj
(2), two (2) -year extensions; provided, City gives Contractor no less than thirty (30) days
written notice of its intent prior to expiration of the existing term. In the event City
exercises any option under this paragraph, all other terms and conditions of this
Agreement continue and remain in full force and effect.
The total duration of this Agreement, including the exercise of any option under
this paragraph, shall not exceed six (6) years.
ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR's compensation for all work under this Agreement shall conform
to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by
this reference.
CONTRACTOR shall not undertake any work beyond the scope of this
Agreement unless such additional work is approved in advance and in writing by CITY.
Section 3.2 Method of Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or
as otherwise agreed, providing, without limitation, details as to amount of hours,
individual performing said work, hourly rate, and indicating to what aspect of the Scope
of Services said work is attributable. CONTRACTOR's compensation for all work under
this Agreement shall not exceed the amount of the Fee Proposal.
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the
performance of the Scope of Services. Payment of additional reimbursable costs
considered to be over and above those inherent in the original Scope of Services shall
be approved in advanced and in writing, by CITY.
Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR
to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to
furnish CITY, or a designated representative, with necessary information and assistance
needed to conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review,
obtain and copy all records pertaining to performance of this Agreement.
CONTRACTOR agrees to provide CITY or its delegate with any relevant information
requested and shall permit CITY or its delegate access to its premises, upon reasonable
3
notice, during normal business hours for the purpose of interviewing employees and
inspecting and copying such books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining compliance with
this requirement. CONTRACTOR further agrees to maintain such records for a period of
three (3) years after final payment under this Agreement.
ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not
discriminate in the employment of its employees or in the engagement of any sub
CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital
status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Compliance
In performing services under this Agreement, CONTRACTOR shall comply with
the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well
as all applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 Indemnification and Responsibility for Damage
CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold
harmless CITY, its elected and appointed officials, directors, officers, employees and
volunteers from and against any claims, damages, losses, and expenses (including
reasonable attorney's fees and costs), arising out of performance of the services to be
performed under this Agreement, provided that any such claim, damage, loss, or
expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any
subcontractor employed directly by CONTRACTOR, anyone directly or indirectly
employed by any of them, or anyone for whose acts they may be liable, except those
injuries or damages arising out of the active negligence, sole negligence, or sole willful
misconduct of the City of Lodi, its elected and appointed officials, directors, officers,
employees and volunteers. CITY may, at its election, conduct the defense or participate
in the defense of any claim related in any way to this indemnification. If CITY chooses at
its own election to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification,
CONTRACTOR shall pay all of the costs related thereto, including without limitation
reasonable attorney fees and costs. The defense and indemnification obligations
required by this Agreement are undertaken in addition to, and shall not in any way be
limited by the insurance obligations set forth herein.
4
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on M4VfW.1� O'�-, 20by and between
the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and 4 LEAF, INC.
(hereinafter "CONTRACTOR").
Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in
accordance with attached Scope of Services, Exhibit A, attached and incorporated by
this reference.
CITY wishes to enter into an agreement with CONTRACTOR for BUILDING
CODES PLANS EXAMINING, BUILDING INSPECTION, FIRE CODE PLANS
EXAMINING AND FIRE CODE INSPECTION SERVICES (hereinafter "Project") as set
forth in the Scope of Services attached here as Exhibit A. CONTRACTOR
acknowledges that it is qualified to provide such services to CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the
Scope of Services as set forth in Exhibit A.
Section 2.2 Time For Commencement and Completion of Work
CONTRACTOR shall commence work pursuant to this Agreement, upon receipt
of a written notice to proceed from CITY or on the date set forth in Section 2.6,
whichever occurs first, and shall perform all services diligently and complete work under
this Agreement based on a mutually agreed upon timeline or as otherwise designated in
the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY
staff to provide required data or review documents within the appropriate time frames.
The review time by CITY and any other agencies involved in the project shall not be
counted against CONTRACTOR's contract performance period. Also, any delays due to
1
weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall
remain in contact with reviewing agencies and make all efforts to review and return all
comments.
Section 2.3 Meetings
CONTRACTOR shall attend meetings as may be set forth in the Scope of
Services.
Section 2.4 Staffing
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's
capabilities and on the qualifications of CONTRACTOR's principals and staff as
identified in its proposal to CITY. The Scope of Services shall. be performed by
CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified
by CONTRACTOR of any change of Project Manager and CITY is granted the right of
approval of all original, additional and replacement personnel at CITY's sole discretion
and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff
prior to any change.
CONTRACTOR represents it is prepared to and can perform all services within
the Scope of Services (Exhibit A) and is prepared to and can perform all services
specified therein. CONTRACTOR represents that it has, or will have at the time this
Agreement is executed, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature are legally required for CONTRACTOR to practice its profession, and
that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of
this Agreement all such licenses, permits, qualifications, insurance and approvals, and
shall indemnify, defend and hold harmless CITY against any costs associated with such
licenses, permits, qualifications, insurance and approvals which may be imposed against
CITY under this Agreement.
Section 2.5 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter
into any subcontract with any other party for purposes of providing any work or services
covered by this Agreement.
Section 2.6 Term
The term of this Agreement commences on September 1, 2016 and terminates
upon the completion of the Scope of Services or on October 31, 2018, whichever occurs
first.
Section 2.7 Option to Extend Term of Agreement
At its option, City may extend the terms of this Agreement for an additional two
tj
(2), two (2) -year extensions; provided, City gives Contractor no less than thirty (30) days
written notice of its intent prior to expiration of the existing term. In the event City
exercises any option under this paragraph, all other terms and conditions of this
Agreement continue and remain in full force and effect.
The total duration of this Agreement, including the exercise of any option under
this paragraph, shall not exceed six (6) years.
ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR's compensation for all work under this Agreement shall conform
to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by
this reference.
CONTRACTOR shall not undertake any work beyond the scope of this
Agreement unless such additional work is approved in advance and in writing by CITY.
Section 3.2 Method of Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or
as otherwise agreed, providing, without limitation, details as to amount of hours,
individual performing said work, hourly rate, and indicating to what aspect of the Scope
of Services said work is attributable. CONTRACTOR's compensation for all work under
this Agreement shall not exceed the amount of the Fee Proposal.
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the
performance of the Scope of Services. Payment of additional reimbursable costs
considered to be over and above those inherent in the original Scope of Services shall
be approved in advanced and in writing, by CITY.
Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR
to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to
furnish CITY, or a designated representative, with necessary information and assistance
needed to conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review,
obtain and copy all records pertaining to performance of this Agreement.
CONTRACTOR agrees to provide CITY or its delegate with any relevant information
requested and shall permit CITY or its delegate access to its premises, upon reasonable
3
notice, during normal business hours for the purpose of interviewing employees and
inspecting and copying such books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining compliance with
this requirement. CONTRACTOR further agrees to maintain such records for a period of
three (3) years after final payment under this Agreement.
ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not
discriminate in the employment of its employees or in the engagement of any sub
CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital
status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Compliance
In performing services under this Agreement, CONTRACTOR shall comply with
the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well
as all applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 Indemnification and Responsibility for Damage
CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold
harmless CITY, its elected and appointed officials, directors, officers, employees and
volunteers from and against any claims, damages, losses, and expenses (including
reasonable attorney's fees and costs), arising out of performance of the services to be
performed under this Agreement, provided that any such claim, damage, loss, or
expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any
subcontractor employed directly by CONTRACTOR, anyone directly or indirectly
employed by any of them, or anyone for whose acts they may be liable, except those
injuries or damages arising out of the active negligence, sole negligence, or sole willful
misconduct of the City of Lodi, its elected and appointed officials, directors, officers,
employees and volunteers. CITY may, at its election, conduct the defense or participate
in the defense of any claim related in any way to this indemnification. If CITY chooses at
its own election to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification,
CONTRACTOR shall pay all of the costs related thereto, including without limitation
reasonable attorney fees and costs. The defense and indemnification obligations
required by this Agreement are undertaken in addition to, and shall not in any way be
limited by the insurance obligations set forth herein.
4
Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or
City employee shall be personally responsible for any liability arising under this
Agreement.
Section 4.5 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or
parts of the work described in the Scope of Services prior to final acceptance by CITY,
except as expressly provided herein.
Section 4.6 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement,
insurance coverage as set forth in Exhibit C attached hereto and incorporated by this
reference.
Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors,
assigns, and legal representatives to this Agreement without the written consent of the
others. CONTRACTOR shall not assign or transfer any interest in this Agreement
without the prior written consent of CITY. Consent to any such transfer shall be at the
sole discretion of CITY.
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing
signed by an authorized representative of the sender and shall be deemed to have been
given when the same is personally served or upon receipt by express or overnight
delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class
or certified mail, postage prepaid, addressed to the respective parties as follows:
To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Dennis Canright
To CONTRACTOR: 41-eaf, Inc
2110 Rheem Dr., Suite A
Pleasanton, CA 94588
Attn: Ed O'Reilly CBO
Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant
information it has at its disposal relevant to the Scope of Services.
M
Section 4.10 CONTRACTOR is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this
Agreement, it shall act as an independent contractor for and on behalf of CITY and not
an employee of CITY. CITY shall not direct the work and means for accomplishment of
the services and work to be performed hereunder. CITY, however, retains the right to
require that work performed by CONTRACTOR meet specific standards without regard
to the manner and means of accomplishment thereof.
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving
CONTRACTOR at least ten (10) days written notice. Where phases are anticipated
within the Scope of Services, at which an intermediate decision is required concerning
whether to proceed further, CITY may terminate at the conclusion of any such phase.
Upon termination, CONTRACTOR shall be entitled to payment as set forth in the
attached Exhibit B to the extent that the work has been performed. Upon termination,
CONTRACTOR shall immediately suspend all work on the Project and deliver any
documents or work in progress to CITY. However, CITY shall assume no liability for
costs, expenses or lost profits resulting from services not completed or for contracts
entered into by CONTRACTOR with third parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products
produced under this Agreement, except to the extent otherwise required by law or
permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents
owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or
"Proprietary", except to the extent otherwise required by law or permitted in writing by
CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California
Public Records Act.
Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees
This Agreement shall be governed by the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be venued with the San
Joaquin County Superior Court. If any part of this Agreement is found to conflict with
applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict
with said laws, but the remainder of this Agreement shall be in force and effect. In the
event any dispute between the parties arises under or regarding this Agreement, the
prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's
fees from the party who does not prevail as determined by the San Joaquin County
Superior Court.
Section 4.14 City Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020
requires CONTRACTOR to have a city business license and CONTRACTOR agrees to
secure such license and pay the appropriate fees prior to performing any work
hereunder.
Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for
convenience only and shall not be deemed to be relevant in resolving any question or
interpretation or intent hereunder.
Section 4.16 Integration and Modification
This Agreement represents the entire understanding of CITY and
CONTRACTOR as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect with respect to those matters covered
hereunder. This Agreement may not be modified or altered except in writing, signed by
both parties.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single
document. Should any inconsistency occur between the specific terms of this
Agreement and the attached exhibits, the terms of this Agreement shall prevail.
Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void
or affect the validity of any other provision of this Agreement.
Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other
material documents or data, and working papers, whether or not in final form, which
have been obtained or prepared under this Agreement, shall be deemed the property of
CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such
documents during CONTRACTOR's regular business hours. Upon termination or
completion of services under this Agreement, all information collected, work product and
documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.
CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any
liability resulting from CITY's use of such documents for any purpose other than the
purpose for which they were intended.
7
Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
Section 4.21 Federal Transit Funding Conditions
❑ If the box at left is checked, the Federal Transit Funding conditions attached as
Exhibit D apply to this Agreement. in the event of a conflict between the terms of this
Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the
Federal Transit Funding Conditions will control.
IN WITNESS WHEREOF. CITY and CONTRACTOR have executed this
Agreement as of the date first above written.
ATTEST:
APPROVED AS TO FORM:
JANICE D. MAGDICH, City Attorney
By:
CITY OF LODI, a municipal corporation
4LEAF, I
Attachments:
Exhibit A — Scope of Services
Exhibit B — Fee Proposal
Exhibit C — Insurance Requirements
Exhibit D — Federal Transit Funding Conditions (if applicable)
Funding Source: 27081000.72450
(Business Unit & Account No.)
CA:Rev.01.2015
8
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P 2� f'oarvT-
EXHIBIT A
4LEAF, INC.
ENGINEERING • CONSTRUCTION MANAGEMENT
BUILDING INSPECTION • PLAN CHECK
Section 3: Plan Review and Inspection Work Plan
Plan Review Services
4LEAF will provide plan review for any and all types of structures to ensure compliance with all adopted codes,
local ordinances (including Tier 1 of Cal Green, if required) and state and federal laws that pertain to Building
and Safety, and for compliance with the adopted International Code Council (ICC) building, plumbing, electrical,
mechanical, National Fire Protection codes and standards, and the accessibility and Noise and Energy
Conservation requirements as mandated by the State of California Title 24, State of California Water Efficient
Landscape Ordinance, the State of California Certified Access Specialist (CASp) compliance, and all other
applicable ordinances. Types of projects we provide these services for include; Single -Family Dwellings, Multi -
Family Dwelling Units, Commercial, and Industrial.
On -Site Review Work Plan
4LEAF can supply Registered Professional Engineers to the City of Lodi to work on-site performing structural plan
review and non-structural reviews at the Jurisdiction's discretion. 4LEAF currently supplies on-site review to
such Municipalities as:
City of Sacramento
City of Roseville
City of Livermore
City of Hollister
Livermore/Pleasanton Fire Dept. (LPFD)
City of San Jose
Aerojet, Folsom, CA
County of San Joaquin
City of Pleasanton
City of East Palo Alto
City of Gilroy
City of Palo Alto
Off -Site Review Work Plan
4LEAF is able to work effectively with design teams and assist Public Works, Planning, Fire, and Building
Departments in the construction, rehabilitation, and repair of both public and private projects. Our experience
includes checking for compliance with the structural, life -safety, accessibility, plumbing, mechanical, electrical,
fire, and local codes/ordinances.
Approach
We understand that the specific building plan review responsibilities will include, but are not limited to:
• Examining plans, drawings, specifications, computations documents, soils reports, and any additional
data;
• Ascertaining whether projects are in accordance with applicable building and fire codes, and City
ordinances, including but not limited to Title 24 and Title 25;
• Performing such reviews as, structural, MEP, green building, fire and life safety, grading and drainage;
• Reviewing plans to ensure conformity to the required strengths, stresses, strains, loads, and stability as
per the applicable laws;
• Reviewing plans to ensure conformity with use and occupancy classification, general building heights
and areas, types of construction, fire resistance construction and protection systems, means of egress,
accessibility, structural design, soils and foundations; and masonry;
• Providing additional plan review services as requested by the City;
• Conducting all plan review at the City Department or, as needed, at a site mutually agreed upon in
writing and;
• Supplying all plan review staff with all code books and other basic professional references.
Proposal to Provide On -Call Building Plan Check and Inspection Services Page 1 of 7
Section 3: Plan Review and Inspection Work Plan May 20, 2016
4LEAF, INC.
ENGINEERING - CO"45TRUCTION MANAGEP.IENT
F3uu i:fw-. I ,spi cnon; - P; AN Cr+Eri,
4LEAF Plan Review QA/QC Process for all Reviews
Task 1— Project Tracking Set-up
The first step of our process will be to set up the project in our system to enable 4LEAF and the City of Lodi to
track the progress of the review. Our plan tracking procedures are designed to track each submittal throughout
the review process and maintain accurate and comprehensive records for each submittal.
Task 2 - Complete Submittal Review
Upon receiving the plans from the City, 4LEAF will triage (preliminary plan review performed by 4LEAF plan
review project lead) the submittal to verify that the submittal received is complete (Le., all pertinent plans,
calculations, reports, and other related documents) in order that we can begin our review. If the submitted
package is incomplete, we will communicate with the City to discuss the deficient documents needed to proceed
with our review.
Task 3 - Plan Review Assignment
After the triage process is performed and a complete package is verified, the project will be assigned to the most
qualified Plans Examiner and a turnaround time will be established. We will log each application into our
database the same day the plans are received to assure that they are routed in a timely manner and to allow for
daily project tracking.
Task 4 - Plan Review
4LEAF will provide the project contact (Developer, Contractor, Architect, or Engineer) desired by City of Lodi
with a list of any items needing correction and clarification to comply with applicable building codes, ordinances,
and regulations. A correction list will be created based on the missing codes and ordinances.
Task 5 - Quality Control
Prior to submitting the plan review correction list to the City the designated plan review project lead will review
the correction list for adherence to applicable codes and ordinances as well as for accuracy and completeness.
After completion of our quality control review a correction list will be e-mailed to a designated staff member at
the City of Lodi or as directed by the City of Lodi. The correction list and a 4LEAF transmittal form will include the
following information: a description of the work, type of construction, occupancy group, square footage,
number of floors, and sprinkler requirements.
Task 6 - Plan Review Rechecks
Plans received for rechecks will be reviewed for conformance. Our goal is to actively work with the designers to
resolve all unresolved issues after our second review. If it appears that there are complicated issues that might
cause a project to go beyond our second review, we will communicate directly with the designer to resolve
these concerns.
Task 7 - Project Approval
Once the final plan reviews are completed and ready for approval, 4LEAF will organize the plans and supporting
documents per the City of Lodi processing requirements and return them to the City, along with our letter of
completion.
Proposal to Provide On -Call Building Plan Check and Inspection Services Page 2 of 7
Section 3: Plan Review and Inspection Work Plan May 20, 2016
4LEAF, INC.
ENGINEERING' CONSTRUCTION MANAGEMENT
BUILDING INSPECTION • PLAN CHECK
Turn -Around Times
4LEAF has a tremendous reputation for completing projects on-time and under budget. 4LEAF's plan review
team is widely recognized for quick turn -around times and prompt service. We have provided some elaborate
examples in our Experience and Reference section - please read through our project examples and contact our
references to learn about our abilities and commitments to our clients. Off-site plan reviews are performed at
our office, with plans transmitted by personal delivery or overnight service. The standard turn -around time is
within 10 business days for residential plan reviews and within 10 days for commercial/industrial plan reviews;
however, these timeframes are negotiable based on your needs. 4LEAF also provides Fire Plan Review services.
Type of
Transportation
Initial
Subsequent
Expedited
Plans
Review
Review
Service
<24 Hours (pick up
No Additional
Residential
& delivery by
<10 Days
<5 Days
Charge
4LEAF staff)
(when staff
available)
<24 Hours (pick up
No Additional
Commercial
& delivery by
<10 Days
<5 Days
Charge
4LEAF staff)
(when staff
available)
Large
<24 Hours (pick up
No Additional
Commercial
& delivery by
Negotiable
Negotiable
Charge
>15,000 Sq. Ft.
4LEAF staff)
(when staff
available)
Larger complex plan reviews can be negotiated to achieve the best possible pricing. 4LEAF has a proven track
record of working with municipalities to provide expedited reviews with special discounted pricing when
applicable.
Pick-up of all plans will be performed by 4LEAF staff within 24 hours of the City's phone call or e-mail. 4LEAF
prefers to pick-up and deliver the plans in person in order to communicate any information that may be
pertinent to the project and maintain a consistent communication. 4LEAF staff will transport the plans to and
from the City upon a phone call to the 4LEAF office or a simply e-mail for "pick-up" to pickup@41eafinc.com.
Pick-ups are at no additional cost.
Independent Expedited Review
4LEAF will perform expedite plan review services in two different capacities.
Scenario # 1 — Developer funded expedited reviews — 4LEAF can negotiate an appropriate rate for review
with the City to ensure all compensation is equitable to the service performed. 4LEAF's expedited turn-
around time is five days (5) or less.
Scenario # 2 — City requests with no additional funding — Upon request, 4LEAF will perform expedited
reviews for the City at no additional charge. 4LEAF has a proven track record of assisting our clients with
expedited reviews under unique customer service situations when projects need to be completed quickly.
Proposal to Provide On -Call Building Plan Check and Inspection Services Page 3 of 7
Section 3: Plan Review and Inspection Work Plan May 20, 2016
4LEAF, INC.
ENGINEERING • CONSTRUCTION MANAGEMI.Nl
EUILOtNG INSPFCTICIN • Pi AN CH-cK
Document Control and Electronic Plan Review
When plans and documents are received for review, 4LEAF's Plan Review
Manager and Document Control Technician analyzes the project, creates a Job
number, and completes a Job Setup Sheet. This form highlights both jurisdiction
and project specific design criteria and notes applicable contact information.
Jobs are transmitted through 4LEAF's easily accessed EZPIan Review portal which
tracks initial and subsequent reviews and is open for view by the customer. The
City and their Customers can view 4LEAF's plan control log through EZPIan
Review Portal.
Plans then get distributed for review to a 4LEAF team consisting of a Plan Review Engineer or architect (a
licensed State Professional) and/or an ICC Certified Plans Examiner, as applicable. Our staff then performs his or
her function of analyzing the plans and documentation for effective conformance to the California Codes,
referenced construction standards, and City amendments. Code review methodology entails "The Effective Use
of the CBC" reinforced through proprietary and jurisdictional checklists. When complete the Plan Review
Manager overviews the project for quality control purposes and forward
designated contacts.
4LEAF's EZPIan Review
Z Structural & Non -Structural Guidelines and Checklists
Z Specialized Spreadsheet
Web -Based
(EZPIan Review)
4LEAF is a green company and has the capability to receive and review electronic plans (pdf format) utilizing
Adobe Acrobat Pro.
Structural Only Review
Upon request, 4LEAF will perform "structural only" reviews for the City. 4LEAF can communicate directly with
the designers via email, in-person meetings, and through our EZ Plan Review system. 4LEAF prefers PDF files for
"structural only" reviews which allow several different Structural Engineers to review plans together should
there be design related questions. The majority of 4LEAF's plan review engineers have a design background and
work well with project designers.
Certified Access Specialist (CASA)
Plan Review Staff
CASp Inspector
Certification No.
Expiration
Greg Shriver, P.E.
CASp-96
09/14/2018
Jerry Thome
CASp-104
09/14/2018
Ed Fang, P.E.
CASp-227
06/24/2016
Sid Danandeh, P.E.
CASp-257
06/29/2016
Mike Anderson, P.E.
CASp-328
09/22/2016
Howie Conroy, C.B.O.
CASp-429
07/31/2018
Brad Wungluck, CBO
CASp-462
11/13/2018
Scott Wungluck, CBO
CASp-560
04/29/2017
Proposal to Provide On -Call Building Plan Check and Inspection Services Page 4 of 7
Section 3: Plan Review and Inspection Work Plan May 20, 2016
4LEAF, INC.
ENGINEERING . CONSTRUCTION MANAGEMENT
t31. 11_DING INSPFCTION • PLAN CHECK
Inspection Services
4LEAF maintains the largest database of qualified inspectors of varied qualifications. Inspectors vary from
current full-time inspection staff, idle staff (temporarily between assignments), and pre -qualified staff which
include inspectors who are available subject to client demand. 4LEAF's inspectors are all ICC certified and
experienced working within a municipal work environment. 4LEAF will provide inspectors with all the necessary
tools, equipment, and current code books sufficient to facilitate all required inspections. 4LEAF can provide
interim or full-time inspectors same-day or within one business day.
We maintain an on-call database for as -needed requests with our clients. 4LEAF utilizes this service for more
than 75 municipalities. Below is a snapshot of our database.
Monthly Inspection Assignment Schedule
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Inspection Options
Periodic Inspection Services 4 Available Next Day
4LEAF can fulfill inspection requests immediately upon request including same day. 4LEAF has a wealth of local
and available inspectors ready to serve the City of Lodi. In addition, 4LEAF has a proven track record of
providing such services to a number of different building departments.
Part -Time Inspection Services 4 Available Next Day
4LEAF will provide the City with part-time inspectors upon request. 4LEAF can provide part-time staff within 24
hours of request for any duration of time. 4LEAF's Project Manager will work closely with the department to
identify the right personnel and determine the appropriate work schedule.
Full -Time Inspection Services 4 Available Two Days or Less
4LEAF can provide full-time inspectors upon request. 4LEAF provides this service regularly to many clients
throughout the Central Coast, Sacramento Valley, Peninsula/South Bay Regions, East Bay, and Central Valley.
Project Specific Inspection Services 4 Available Two Days or Less
4LEAF is often tasked with providing inspection services to large projects on behalf of municipalities. 4LEAF
currently handles large-scale projects for such clients as the City of Palo Alto, City of Cupertino, etc. These
projects are developer funded into a separate City account which is distributed to 4LEAF using a separate invoice
and contract number. This is particularly helpful to fast paced projects looking for continuous inspection
services over a short period of time (i.e. 6 — 36 Months).
Proposal to Provide On -Call Building Plan Check and Inspection Services Page 5 of 7
Section 3: Plan Review and Inspection Work Plan May 20, 2016
4LEAF, INC.
ENGINEERING • CONSTRUCTION MANAGEMENT
Blit! DING INSHFCTION • PI AN CHFCk
Building Department Staff Services
4LEAF has a proven track record of providing Building Officials and Permit Technician/Counter staff to
jurisdictions throughout California. The 4LEAF pool of talented professionals includes qualified and experienced
permit technicians, capable of providing all permit processing and counter services. 4LEAF can deploy such staff
on short notice and offers training programs for department staff, if required.
Our staff encompasses the right combination of experience, education and certifications. 4LEAF Permit
Technician Staff must be experienced and dedicated to serving the public at the Planning and Building
Department counter. Typical duties include:
• Accepting Pians for Pian Check
• Verification that Plans are accurate and complete
• Calculate Permit Fees
• Explain ordinances and procedures to owners, contractors, developers, architects, and general public
• Assist with preparation of permit applications
• Receive Plans for Planning and Building permits and route to various agencies (if requested)
• Accept complaints on code violations, process, and record complaints
• Answer telephone for field and office staff
• Process inspection requests
• Maintain files for building permits
• Operate Building Department's computerized information system
• Input variety of information including building permits and inspections
• Complete related duties and responsibilities as assigned by Building Official and Senior staff members
4LEAF has numerous Building Official and Permit/Counter Technicians on staff, many whom are currently
assigned to Building Departments throughout the state. All staff will have the materials, resources, tools, and
training required to perform the job.
Building Department Services Placement Schedule
Building Department Staff
Interim
Full -Time
Less Than
Less Than
Permit Technician (ICC Certified)
2 Days
5 Days
Assistant Permit Technician/ Counter Staff
Less Than
Less Than
2 Days
5 Days
Less Than
Less Than
Building Official
2 Days
15 Days
Public Works Inspection
In addition to building inspection, 4LEAF has an experienced staff that provides public works inspection. Our
team has supported numerous projects for on-call construction management and inspection services contracts
for clients such as Sacramento Regional Transit District, California State Parks, and numerous municipalities. Our
many public works projects include light rail extension projects, water/sewer systems, roadways, and bridges.
Our team of qualified public works inspectors is available to the City of Lodi should you have needs in this area.
Proposal to Provide On -Call Building Plan Check and Inspection Services Page 6 of 7
Section 3: Plan Review and Inspection Work Plan May 20, 2016
4LEAF, INC.
ENGINEERING " CONSTRUCTION MANAGEMENT
BUIR nJNG 1NSPECTI0N - PLAN CHECK
The following represents the normal responsibilities associated with providing public works inspections during
the construction phase of the project. The actual services are tailored to meet the specific needs of each
project:
• Provide daily inspections and documentation of job related activities.
• Monitor and document the contractor's work for adherence to contract plans and specifications.
• Prepare and maintain thorough daily inspection reports.
• Provide continual review of plans and specifications.
• Document information related to manpower, equipment, and time for extra or force account work.
• Provide pictorial logbook of construction activities and maintain separate "As-Builts".
• Report all notices of noncompliance requiring corrective actions.
• Meet with the contractor to review proposed work and schedule inspections.
• Develop "punch list" items and follow-up with corrective measures.
Proposal to Provide On -Call Building Plan Check and Inspection Services Page 7 of 7
Section 3: Plan Review and Inspection Work Plan May 20, 2016
4LEAF, INC. EXHIBIT B
ENG��:Etft3NG' Ca`:S C??VG�fON MnNAGLr•1ENI
gt.Vl-DING, ItiSPFC-riga - PI AN CHECK
Section 5: Fee Structure
NATURE OF BUILDING SERVICES
COST STRUCTURE
Plan Review & CASp Services
Plan Review Percentage Cost: 70%
Residential Building Inspector (Building Inspector 1) ..................................
Plan Review Hourly Cost: $85 Non Structural Review
Training Building Inspector.........................................................................
$120 Structural Review
Code Enforcement......................................................................................
CASp Inspection and/or Review: $155/hour
Permit Technician.......................................................................................
Fire Review: $155/hour
On -Site Plan Review Engineer....................................................................
* Fee includes initial review and two (2) rechecks.
Staff Augmentation Services
Senior Combination Building Inspector (Building Inspector III) .................
$95/hour
Commercial Building Inspector (Building Inspector 11) ..............................
$85/hour
Residential Building Inspector (Building Inspector 1) ..................................
$75/hour
Training Building Inspector.........................................................................
$50/hour
Code Enforcement......................................................................................
$85/hour
Permit Technician.......................................................................................
$45-55/hour
On -Site Plan Review Engineer....................................................................
$120/hour
On -Site Non Structural Plans Examiner......................................................
$85/hour
FireReview.................................................................................................
$155/hour
Inspector of Record (including DSA or OSHPD)..........................................
$95-125/hour
Public Works Inspector...............................................................................
$137/hour
Interim Chief Building Official.....................................................................
$120/hour
CASpInspection..........................................................................................
$155/hour
Project Inspector / Inspector of Record .....................................................
$100 - 125/hour*
Off -Site Project Manager............................................................................
$160/hour
Principal-in-Charge.....................................................................................
$185/hour
Hourly overtime charge per inspector.......................................................
1.5 x hourly rate
Mileage (for inspections performed within the City) .................................
IRS Rate + 20%
*Rates will be communicated with the City Management at time of request. Rates will vary based on the
qualifications and experience of the personnel.
Larger complex plan reviews can be negotiated to achieve the best possible pricing. 4LEAF has a proven track
record of working with municipalities to provide expedited reviews with special discounted pricing when
applicable.
Proposal to Provide On-call Building Plan Check and Inspection Services Page 1 of 2
Section 5: Fee Structure May 20, 2016
EXHIBIT C
Insurance Reauirements for Contractor The Contractor shall take out and maintain during the life of this
Agreement, insurance coverage as listed below. These insurance policies shall protect Contractor and any
subcontractor performing work covered by this Agreement from claims for damages for personal injury, including
accidental death, as well as from claims for property damages, which may arise from Contractor's operations under
this Agreement, whether such operations be by Contractor, or by any subcontractor, or by anyone directly or
indirectly employed by either of them, and the amount of such insurance shall be as follows:
COMPREHENSIVE GENERAL LIABILITY
$2,000,000 Each Occurrence
$4,000,000 General Aggregate
COMPREHENSIVE AUTOMOBILE LIABILITY
$1,000,000 Combined Single Limit
Such insurance shall cover liability arising out of any vehicle (including, owned, hired and non -hired vehicles)
operated in performing any and all services pursuant to this Agreement. Coverage shall be written on ISO form
CA 00 01 12 90, or a later version, that provides liability coverage at least as broad as this form.
PROFESSIONAL LIABILITY / ERRORS AND OMISSIONS
$2,000,000 Each Occurrence
$4,000,000 General Aggregate
All limits are to be designated strictly for the City of Lodi, its elected and appointed boards, commissions, officers,
agents, employees, and volunteers. All deductibles or self-insured retentions (SIR) must be disclosed to City's Risk
Manager for approval and shall not reduce the limits of liability set forth hereinabove. Insurance policies containing
any deductible or SIR provision shall provide, or be endorsed to provide, that the deductible or SIR may be satisfied
by either the Named Insured(s) or the City of Lodi.
It is required that any available insurance proceeds broader than or in excess of the specified minimum insurance
coverage requirements and/or limits set forth above, shall be available to City as an additional insured. Furthermore,
the requirements for coverage and limits shall be (i) the minimum coverage and limits specified in these insurance
requirements; or (ii) the broader coverage and maximum limits of coverage of any insurance policy or proceeds
available to the Contractor; whichever is greater.
Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims
period following termination of coverage which is at least consistent with the claims period or statutes of limitations
found in the California Tort Claims Act (California Government Code Section 810 et seq.).
A copy of the certificate(s) of insurance with the following endorsements shall be furnished to the City:
(a) Additional Named Insured Endorsement
Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or a later version, that provides liability
coverage at least as broad as this form) such insurance as is afforded by this policy shall also apply to the City
of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers as
additional named insureds. An additional named insured endorsement is also required for Auto Liability.
(b) Primary and Non -Contributory Insurance Endorsement
Additional insurance coverage under the Contractor's policy shall be "primary and non-contributory" and will
not seek contribution from City's insurance or self-insurance and shall be at least as broad as ISO form CG 20
01 0413.
NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) above: 221 West
Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an
endorsement, a description of therp oiect that it is insuring.
(c) Waiver of Subrogation
Include a waiver of subrogation against the City of Lodi, its elected and appointed boards, commissions,
officers, agents, employees, and volunteers. A waiver is required for General Liability and Auto Liability.
Page 1 1 of 2 pages I Risk: rev.03.2016
Insurance Requirements for Contractor (continued)
(d) Limits of Coverage
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or
excess insurance. Any umbrella or excess insurance of Contractor shall contain, or be endorsed to contain, a
provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City
before the City's own insurance or self-insurance shall be called upon to protect the City as a named insured.
(e) Completed Operations Endorsement
For three years after completion of project, a certificate of insurance with a Completed Operations
Endorsement, CG 20 37 07 04, will be provided to the City of Lodi.
(f) 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.
(g) Notice of Cancellation or Change in Coverage Endorsement
This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written
notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi,
CA 95240.
(h) Continuity of Coverage
All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days
prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or
extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor
shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's
insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and
immediately obtain replacement insurance.
(i) Failure to Comply
If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of
coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with
interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The
City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount
paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest
on the first (1s) day of the month following the City's notice. Notwithstanding and other provision of this
Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails
to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such
termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently
pursue the removal of any and all of its personal property from the site or facilities.
(j) Qualified Insurer(s)
All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in
the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are
acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the
most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements.
Workers Compensation Insurance The Contractor shall take out and maintain during the life of this Agreement,
Worker's Compensation Insurance for all of Contractor's employees employed at the site of the project and, if any
work is sublet, Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all
of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In case
any class of employees engaged in hazardous work under this Agreement at the site of the project is not protected
under the Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to
provide insurance for the protection of said employees. A waiver of subrogation is required for workers
compensation insurance. This policy may not be canceled nor the coverage reduced without 30 days' prior written
notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA
95240.
NOTE: The City reserves the right to obtain a full certified copy of any insurance policy or endorsements
required. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the
effective date.
Page 2 1 of 2 pages _ Risk:.rev.03.2016
RESOLUTION NO. 2022-266
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH 4 LEAF, INC., OF PLEASANTON, FOR BUILDING
CODES PLANS EXAMINING, BUILDING CODES INSPECTION, FIRE CODES
PLANS EXAMINING, FIRE CODES INSPECTION, AND CODE ENFORCEMENT
WHEREAS, the City of Lodi City Council on November 2, 2016, did enter into contract
with 4 Leaf, Inc., Bureau Veritas North America, and Interwest Consulting Group, Inc., for Building
Inspection Services in an amount not to exceed $900,000 over the term of the agreements; and
WHEREAS, staff executed Extension No. 1 on January 15, 2019, and Extension No. 2 on
February 4, 2021, for all three companies; and
WHEREAS, the Community Development Department took over the Community
Improvement Division in July 2021, resulting in the department exceeding its funding due to hiring
delays created by the inability to find qualified staff, increasing the need for contract service.
4 Leaf, Inc., was able to work with the City to meet those needs; and
WHEREAS, the City and Contractor now desire to increase the amount of the contract in
an amount not to exceed $60,000, for a total amount not to exceed $960,000 over the term of the
agreements.
NOW, THEREFORE; BE IT RESOLVED that the Lodi City Council does hereby authorize
the City Manager to execute Amendment No. 1 to the Professional Services Agreement with
4 Leaf, Inc., of Pleasanton, California, for Building Codes Plans Examining, Building Codes
Inspection, Fire Codes Plans Examining, Fire Codes Inspection, and Code Enforcement services
to increase the current contract ending October 31, 2022, by adding an amount not to exceed
$60,000, for a total amount not to exceed $960,000 over the term of the agreements.
Dated: November 2, 2022
I hereby certify that Resolution No. 2022-266 was passed and adopted by the City Council
of the City of Lodi in a regular meeting held November 2, 2022 by the following vote:
AYES: COUNCIL MEMBERS — Hothi, Khan, Kuehne, Nakanishi, and
Mayor Chandler
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
OLIVIA NASHED
City Clerk
2022-266