C A L I F O R N I A
PROFESSIONAL SERVICES CONTRACT
F O R C I T Y U S E O N L Y
Contract No. CIP No.
Resolution No. Project No.
REV01/ 2025
THIS PROFESSIONAL SERVICES CONTRACT (“Contract”) is effective as of the “Effective Date”), by and between THE CITY OF
EMERYVILLE, a municipal corporation, (“City”) and WEST COAST CODE CONSULTANTS, INC (“Contractor”), individually referred to as a “Party” and collectively as the “Parties”.
WITNESSETH THAT
WHEREAS, the City desires to engage Contractor for Fiscal Years 2025-2026 and 2026-2027 services for plan checking, building inspection, project coordination, and other support services such as front counter coverage during City staff vacation and absences (“Building Division Services”).; and
WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to render the services necessary to do the work contemplated under this Contract; and WHEREAS, the City has determined that the Contractor is qualified by training and experience to render such services; and
WHEREAS, the Contractor desires to provide such services; and, WHEREAS, the public interest will be served by this Contract; and NOW, THEREFORE, the Parties hereto do mutually agree as follows:
1. SCOPE OF SERVICES AND TERMINATION DATE
1.1 Project Description
A complete project description is set forth in the Scope of Work, attached hereto as Exhibit A and incorporated herein by this reference.
1.2 Services
The services to be completed under this Contract (“Services”) are described in the Scope of Work set forth in Exhibit A. The Services shall be performed in accordance with terms, conditions, and specifications set forth herein. To the extent there is a conflict between the Scope of Work, and the terms, conditions, and specifications set forth herein, the terms, conditions, and specifications set forth herein shall govern. 537336124706Docusign Docusign Envelope Envelope ID: ID: F486523E-5190752C- 5C7A- 2568-4454- 4564-8B9E- AC19- 717B82136AC0 25-59
25025E-0000-CD01
N/A
N/A
08/14/2025
Attachment 1
City of Emeryville | Professional Services Contract
REV01/ 2025
1.3 Schedule and Completion Date
The Services to be provided by Contractor under this Contract shall commence on the Effective Date and terminate on JUNE 30, 2027. The Parties may, by mutual, written consent, extend the term of this Contract.
2. WORK CHANGES
2.1 City Rights to Change
The City reserves the right to order changes in the Services to be performed under this Contract by altering, adding to or deducting from the Scope of Work. All such changes shall be incorporated in amendments executed by the Contractor and the City. Such amendments shall specify the changes ordered and any necessary adjustment of compensation and completion time.
2.2 Additional Work Changes
Any work added to the Scope of Work by an amendment shall be executed under all the applicable conditions of this Contract. No claim for additional compensation or extension of time shall be recognized unless contained in an amendment duly executed on behalf of the City and the Contractor.
2.3 City Manager Execution
The City Manager has authority to execute without further action of the Emeryville City Council, any number of amendments so long as their total effect does not materially alter the terms of this Contract or increase the total amount to be paid under this Contract, as set forth in Section 3.2 below.
3. COMPENSATION AND METHOD OF PAYMENT
3.1 Compensation for Services Performed
City agrees to pay the Contractor for the Services performed and costs incurred by Contractor upon certification by the City that the Services were actually performed and costs actually incurred in accordance with the Contract. Compensation for Services performed and reimbursement for costs incurred shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Services performed and costs incurred. The City shall pay the Contractor within forty-five (45) days after approval of the invoice by City staff.
3.2 Total Compensation Amount
The total amount paid under this Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed EIGHT HUNDRED
FORTY FOUR THOUSAND FOUR HUNDRED FIFTY FIVE DOLLARS AND NO CENTS ($844,455.00), except as outlined in Section 2.3 above. The compensation for Services performed shall be as set forth in Exhibit A. Reimbursement for costs incurred shall be limited as follows. Long distance telephone and telecommunications, Docusign 537336124706Docusign Envelope Envelope ID: ID: F486523E-5190752C- 2568- 5C7A-4454- 4564-8B9E- AC19- 717B82136AC0 City of Emeryville | Professional Services Contract
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facsimile transmission, normal postage and express mail charges, photocopying and microcomputer time shall be at cost. Supplies and outside services, transportation, lodging, meals and authorized subcontracts shall be at cost plus no more than a 10% administrative burden. Automobile mileage shall be no more than the current deductible rate set by the Internal Revenue Service.
4. COVENANTS OF CONTRACTOR
4.1 Assignment of Contract
The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Contract, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them and the City shall have no obligation to them.
4.2 Responsibility of Contractor and Indemnification of City To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City and City’s members, officers, agents, employees and volunteers, from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including without limitation injury to or death of an employee of Contractor or subcontractors as well as any claim by any employee, agent, Contractor or independent contractor hired or employed by Contractor that such persons or individuals are entitled to any benefit otherwise provided to employees of the City, including coverage under the California Public Employee Retirement System), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, reasonable attorneys’ fees, litigation expenses, and fees of expert contractors or expert witnesses incurred in connection therewith and the costs of investigation, arising out of, pertaining to, or relating to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Contractor, any subcontractor, anyone directly or indirectly employed by them or anyone that they control. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Contractor. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Contract.
If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.
Docusign 537336124706Docusign Envelope Envelope ID: ID: F486523E-5190752C- 2568- 5C7A-4454- 4564-8B9E- AC19- 717B82136AC0 City of Emeryville | Professional Services Contract
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4.3 Independent Contractor
The Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the Services; hiring of contractors, agents or employees to complete the Services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates and employees during the term of this Contract.
4.4 Insurance
Contractor shall not commence Services under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under Exhibit B, attached hereto and incorporated herein by this reference. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under Exhibit B. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.
4.5 Records, Reports and Audits
4.5.1 Records
A. Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Contract. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Contract. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later.
B. All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Contract shall be clearly identified and readily accessible.
4.5.2 Reports and Information
Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Contract in the form requested by the City.
Docusign 537336124706Docusign Envelope Envelope ID: ID: F486523E-5190752C- 2568- 5C7A-4454- 4564-8B9E- AC19- 717B82136AC0 City of Emeryville | Professional Services Contract
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4.5.3 Audits and Inspections
At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Contract. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Contract.
4.6 Conflicts of Interest
The Contractor covenants and declares that, other than this Contract, it has no holdings or interests within the City of Emeryville, nor business holdings , contracts or agreements with any official, employee or other representative of the City. For the duration of this Contract, in the event the Contractor or its principals, agents or employees acquire such a holding, interest, contract, or agreement within the City of Emeryville or with any official, employee or representative of the City in the future, the Contractor will immediately notify the City of such holding, interest, contract, or agreement in writing.
4.7 Confidentiality
The Contractor agrees that such reports, information, opinions or conclusions shall not be made available to or discussed with any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether deemed confidential or not.
4.8 Discrimination Prohibited
The Contractor covenants and agrees that in performing the Services required under this Contract, the Contractor shall not discriminate against any person on the basis of race, color, religion, sex, sexual orientation, gender identity, marital status, national origin or ancestry, age or disability, except as provided in section 12940 of the Government Code.
4.9 Licenses, Certifications and Permits
The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, city or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Services contracted for under this Contract.
All work performed by Contractor under this Contract shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals.
4.10 Key Personnel
All of the individuals listed in Exhibit A are necessary for the successful prosecution of the Services due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor’s Project Manager or members of the project team Docusign 537336124706Docusign Envelope Envelope ID: ID: F486523E-5190752C- 2568- 5C7A-4454- 4564-8B9E- AC19- 717B82136AC0 City of Emeryville | Professional Services Contract
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without the City’s approval. Contractor recognizes that the composition of this team was instrumental in the City’s decision to award the work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Contractor’s obligations under this Contract and shall be grounds for termination.
4.11 Authority to Contract
The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Contract, if applicable.
4.12 Ownership of Work
All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the Services to be performed by the Contractor (“Materials”) shall be and are the property of the City and the City shall be entitled to full access and copies of all such Materials. Any such Materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such Materials. If any Materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment.
4.13 City Labor Requirements
4.13.1 Compliance
At the Effective Date, compliance with the City’s living wage ordinance is required / not required for this Contract. If this Contract provides for compensation to Contractor of $25,000 or more within a single fiscal year for providing Services to the City, then Contractor shall comply with the requirements of the City’s Living Wage Ordinance set forth in Chapter 31 of Title 5 of the Emeryville Municipal Code, unless (i) Contractor is a governmental entity, (ii) this Contract is subject to a higher prevailing wage rate as defined in the California Labor Code, or (iii) this Contract is subject to federal or state laws or regulations that would preclude the application of the City’s laws.
4.13.2 Applicability
Compliance with the Living Wage Ordinance, if applicable, shall be required during the term of the Contract for all employees of Contractor who perform at least twenty-five percent (25%) of the work arising from this Contract, unless said employees are otherwise exempt from the application of the Living Wage Ordinance pursuant to Docusign 537336124706Docusign Envelope Envelope ID: ID: F486523E-5190752C- 2568- 5C7A-4454- 4564-8B9E- AC19- 717B82136AC0 City of Emeryville | Professional Services Contract
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Section 5-31.08 of the Emeryville Municipal Code. Contractor shall promptly provide to the City documents and information verifying compliance with the requirements of the Living Wage Ordinance within ten (10) working days following a written request for such documentation and information from the City.
4.13.3 Non-Compliance
Failure to comply with the Living Wage Ordinance provides that a person claiming a violation thereof may bring an action against Contractor for back pay, reinstatement and compensatory damages, as well as a penalty up to three times the amount of damages for a willful violation, plus reasonable attorney’s fees and costs. In addition, the City may terminate the Contract and pursue any other remedies available to the City, including debarment, for violations of the Living Wage Ordinance.
4.13.4 Living Wage
Contractor shall notify each of its affected employees with regards to wages that are required to be paid pursuant to this Contract. “Living Wage” means no less than
19.08 PER HOUR (which is subject to increase annually on July 1st to reflect the twelve-month average increase to the Consumer Price Index for all urban consumers in the San Francisco-Oakland-San Jose Metropolitan Statistical Area for the preceding year from May to April, not to exceed three percent (3%) in any one year) including wages and health benefits. If employer contributions for health benefits are not paid on an hourly basis, the employer must demonstrate to the City the hourly value of such benefits in order to receive credit for such payments to covered employees.
4.13.5 Minimum Wage and Paid Sick Leave
In addition to the Living Wage Ordinance, the Contractor may be required to comply with the City’s Minimum Wage, Paid Sick Leave, and Other Employment Standards Ordinance, as set forth in Chapter 37 of Title 5 of the Emeryville Municipal Code, to the extent it is applicable.
4.14 California Labor Requirements
4.14.1 Prevailing Wage Requirements
Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects Prevailing Wage Laws”). If the Services are being performed as part of an applicable public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), Docusign 537336124706Docusign Envelope Envelope ID: ID: F486523E-5190752C- 2568- 5C7A-4454- 4564-8B9E- AC19- 717B82136AC0 City of Emeryville | Professional Services Contract
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employment of apprentices (Labor Code Section 1777.5), certified payroll records Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
4.14.2 Registration
If the Services are being performed as part of an applicable “public works” or maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Contract and require the same of any subcontractors, as applicable.
Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
4.14.3 Labor Compliance Oversight
This Contract may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
4.14.4 Workers’ Compensation
Pursuant to the requirements of section 1860 of the California Labor Code, Contractor will be required to secure the payment of workers’ compensation to his employees in accordance with the provisions of section 3700 of the Labor Code. By signing this Contract, Contractor certifies the following:
I am aware of the provisions of section 3700 of the California Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Docusign 537336124706Docusign Envelope Envelope ID: ID: F486523E-5190752C- 2568- 5C7A-4454- 4564-8B9E- AC19- 717B82136AC0 City of Emeryville | Professional Services Contract
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4.14.5 Event of Default
Failure by Contractor to comply with any provision of this Section shall constitute a default of this Contract and shall be grounds for termination as provided in this Contract.
5. TERMINATION
A. The City shall have the right to terminate this Contract for any reason whatsoever by providing written notice thereof at least five (5) calendar days in advance of the termination date.
B. All termination notice periods triggered pursuant to written notice shall begin to run from the date of the United States Postal Service postmark.
C. Upon termination, City shall provide for payment to the Contractor for Services rendered and expenses incurred prior to the termination date.
D. Upon receipt of a termination notice the Contractor shall: (1) promptly discontinue all Services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Contract, whether completed or in process, in the form specified by the City.
E. Notwithstanding anything to the contrary, this Contract is subject to immediate termination in the event the City Council does not appropriate sufficient funds for this Contract.
F. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Contract or at law or in equity.
6. NO PERSONAL LIABILITY
No member, official or employee of the City shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Contract.
7. ENTIRE AGREEMENT
This Contract constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Contract not contained in this Contract shall be valid or binding. This Contract may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization.
Docusign 537336124706Docusign Envelope Envelope ID: ID: F486523E-5190752C- 2568- 5C7A-4454- 4564-8B9E- AC19- 717B82136AC0 City of Emeryville | Professional Services Contract
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8. SUCCESSORS AND ASSIGNS
Subject to the provisions of this Contract regarding assignment, this Contract shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties.
9. APPLICABLE LAW AND ATTORNEY’S FEES; VENUE
If any action at law or in equity is brought to enforce or interpret the provisions of this Contract, the rules, regulations, statutes and laws of the State of California will control.
The prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief to which said party may be entitled. The exclusive venue for any legal action taken pursuant to this Contract shall be the State of California Superior Court for the County of Alameda or the United States District Court for the Northern District of California.
10. SEVERABILITY
The caption or headnote on articles or sections of this Contract are intended for convenience and reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Contract nor in any way affect this Contract. Should any article(s) or section(s), or any part thereof, later be deemed unenforceable by a court of competent jurisdiction, the remainder of this Contract shall remain in full force and effect to the extent possible.
11. BUSINESS TAX CERTIFICATE
Prior to commencement of the Services to be provided hereunder, Contractor shall apply to the City of Emeryville Finance Department for a business tax certificate, pay the applicable business tax and maintain said business tax certificate during the term of this Contract, as provided in Article 1 of Chapter 1 of Title 3 of the Emeryville Municipal Code.
12. NOTICES
12.1 Communications Relating to Daily Activities
All communications relating to the day-to-day activities of the work and invoices shall be exchanged between Chadrick Smalley for the City and Giyan Senaratne for the Contractor:
CITY CONTRACTOR
Chadrick Smalley
Phone No: 510-596-4355
E-Mail : [email protected]
Giyan Senaratne, Principal
Phone No: 925-275-1700
E-Mail : [email protected]
Docusign 537336124706Docusign Envelope Envelope ID: ID: F486523E-5190752C- 2568- 5C7A-4454- 4564-8B9E- AC19- 717B82136AC0 City of Emeryville | Professional Services Contract
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12.2 Official Notices
All other notices, writings or correspondence as required by this Contract shall be directed to the City and the Contractor, respectively, as follows:
CITY CONTRACTOR
Pedro Jimenez
1333 Park Avenue
Emeryville, California 94608
Phone No: 510-596-3770
E-Mail : [email protected]
with a copy to:
Chadrick Smalley
1333 Parke Avenue
Emeryville, California 94608
Phone No: 510-596-4355
E-Mail : csmalley@emeryville. org
Giyan Senaratne, Principal
2400 Camino Ramon, STE 240
San Ramon, California 94583
Phone No: 925-275-1700
E-Mail : [email protected]
13. COUNTERPARTS
This Contract may be signed in counterparts, each of which shall constitute an original. It is expressly agreed that each Party to this Contract shall be bound by its own telecopied, scanned, electronic or digital signature and shall accept the telecopied, scanned, electronic or digital signature of the other Party to this Contract.
14. NO THIRD-PARTY BENEFICIARIES
Except to the extent expressly provided for herein, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
15. NON-EXCLUSIVITY
City reserves right to employ other contractors in connection with the Services covered under this Contract.
16. ASSIGNMENT OR TRANSFER
Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Contract or any interest herein without the prior written consent of the City.
Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
Docusign 537336124706Docusign Envelope Envelope ID: ID: F486523E-5190752C- 2568- 5C7A-4454- 4564-8B9E- AC19- 717B82136AC0 City of Emeryville | Professional Services Contract
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17. WAIVER
The City’s failure to enforce any provision of this Contract or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default.
18. OTHER REQUIREMENTS
Compliance with terms and conditions set forth in Exhibit C is required / not required for this Contract. Contractor shall also fully and adequately comply with the provisions included in Exhibit C (“Other Requirements”) when attached hereto and incorporated herein by reference (“Other Requirements”). With respect to any conflict between such Other Requirements and the terms of this Contract and/or the provisions of state law, Exhibit C shall control.
SIGNATURES ON FOLLOWING PAGE
Docusign 537336124706Docusign Envelope Envelope ID: ID: F486523E-5190752C- 2568- 5C7A-4454- 4564-8B9E- AC19- 717B82136AC0 City of Emeryville | Professional Services Contract
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19. SIGNATURE PAGE TO PROFESSIONAL SERVICES CONTRACT
IN WITNESS WHEREOF the City and the Contractor have executed this Contract, which shall become effective as of the date first written above.
Approved As To Form:
City Attorney
Dated: CITY OF EMERYVILLE
LaTanya Bellow, City Manager
Dated: WEST COAST CODE CONSULTANTS, INC
Signature)
Giyan Senaratne, Principal
Attach:
W-9 Form
Attach:
Business License Certificate
Docusign Envelope ID: F486523E- 2568-4454-8B9E-537336124706 06/03/2025
Docusign Envelope ID: 5190752C- 5C7A-4564-AC19- 717B82136AC0 08/14/2025
Attn: Victor Gonzales
Chief Building Official/ Fire Code Official
City of Emeryville, Building Division
1333 Park Avenue
Emeryville, CA 94608
E: vgonzales@emeryville. org
P: ( 510) 596- 4359
Cost Proposal Effective July 1, 2025
Prepared for: City of Emeryville, CA
Building Division Services
Building Division Services Including Plan
Review, Inspection, ProjectManagement
and Permit Counter Services
West Coast Code Consultants, Inc.
San Ramon Corporate Office
5000 Executive Parkway, Suite 510
San Ramon, CA 94583
CALIFORNIA | UTAH | WASHINGTON | NEVADA | IDAHO
Teaming with Your Community to Make a Difference
PROJECT CONTACTS:
Giyan Senaratne, PE, SE, LEED AP - Principal / CEO
12647 Alcosta Boulevard, Suite 445 | San Ramon, CA 94583 P: ( 925) 275- 1700 | C: ( 925) 766-5600 | E: Giyan@WC- 3.com Eric Schneiderjohn, PE, CASp - Client Manager / Sr. Plan Review Engineer 12647 Alcosta Boulevard, Suite 445 | San Ramon, CA 94583 P: ( 925) 275- 1700 | C: ( 925) 786-3443 | E: Eric@WC- 3.com www.WC-3.com West Coast Code Consultants, Inc.
EXHIBIT A
Docusign 537336124706Docusign Envelope Envelope ID: ID: F486523E-5190752C- 2568- 5C7A-4454- 4564-8B9E- AC19- 717B82136AC0 SECTION 5:
Teaming with Your Community to Make a Difference | www. WC- 3.com 20 Scope ofServices
Statement of Understanding to Scope of Work
WC3 strives to adapt to the styles and requirements of every jurisdiction we serve. Each community is unique, and our staff is trained to provide individualized support for each of our clients. For all services proposed, WC3 should act as an agent of the Chief Building Official, working in the best interest of the City of Emeryville and its citizens. We are confident in our ability to perform the duties outlined by the City of Emeryville, including but not limited to the following services:
Plan Review
Inspection
Project Management
Permit Counter
Furthermore, WC3' s array of services will include all, or part, of the following Plan Review, Inspection, Project Management and Permit Counter activities. For clarity, we have provided our firm's responses and information in an easy to read, table format:
CITY OF EMERYVILLE REQUIREMENT WC3 RESPONSE
Plan review services, field inspections and project management shall be provided as follows:
1 Conduct pre- submittal meetings for development
projects.
WC3 Principal/ CEO, Mr. Giyan Senaratne, PE, SE, LEED AP and Client Manager, Mr. Eric Schneiderjohn, PE, CASp will be available at the City of Emeryville offices two ( 2) days a week for presubmittal meetings and any other tasks assigned by the CBO. 2 Attend construction development meetings as
necessary.
Similar to item No. 1 above, Mr. Senaratne and Mr. Schneiderjohn will be available to attend construction development meetings. 3 Provide project management.
Mr. Senaratne and Mr. Schneiderjohn will provide project management services.
4 In-house over- the- counter plan check services are
expected for a minimum of two days a week and
inspection services on a daily basis.
WC3 project managers, Mr. Giyan Senaratne and Mr.
Schneiderjohn, will be working at the City of Emeryville offices two ( 2) times a week and they will provide in-house plan review services as necessary.
5 Ability to provide electronic plan review.
Mr. Senaratne, or Mr. Schneiderjohn will pick up plans from the City of Emeryville within 24- hours of notification.
6 Plans shall be reviewed for structural design and
compliance with the California Building, Plumbing and
Mechanical Codes, the National Electrical Code, Title
24 Accessibility and Energy, Green Building Standards
Code, City ordinances and all applicable California
amendments.
WC3 will review plans for all requested disciplines.
7 A list of identified deficiencies, including the referenced code sections, shall be issued no later than fifteen ( 15) working days from the date the plans are received. If a longer time is necessary for review of portions of the
plans, the Chief Building Official/ Fire Code Official shall be notified at the earliest possible time.
WC3 will review plans within the time frames established by the City of Emeryville.
Continued)
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Teaming with Your Community to Make a Difference | www.WC-3.com 21 8 The ability to provide expedited plan reviews as
requested ( plan review comments or permit approval
within 3-5 business days).
WC3 will provide expedited plan check services upon request of the City of Emeryville. Plan review comments or permit approval will be completed on expedited reviews within 3-5 business days. 9 Copies of all plan check comments shall be sent directly to the architect of record with a copy to the Emeryville Chief Building Official/ Fire Code Official and Permit
Technician. Copies of all other correspondence from
the plans examiner to the applicant shall be sent to the Chief Building Official/ Fire Code Official.
WC3 will send plan review comments and all other
correspondence directly to the architect of record with a copy to the City of Emeryville Chief Building Official and designated staff. 10 The time for subsequent review of corrected plans
shall be ten working days. If a longer time is required, the Chief Building Official/ Fire Code Official shall be notified.
WC3 will recheck plans within the time frames established by the City of Emeryville.
11 All items on the plan review correction list that cannot be resolved by the plan check engineer and the
architect of record shall be referred to the Chief
Building Official/ Building Code Official for a final
resolution.
WC3 will refer all plan review items that cannot be resolved to the Chief Building Official.
12 Once the plans have been reviewed and found to be in conformance with all applicable codes, the plan check
engineer shall sign each sheet of the plans. The plan check engineer shall then return two complete sets of approved plans and related documents to the Emeryville Building
Division and shall retain one complete, approved set for future reference.
WC3 will transfer approved plans, with appropriate signatures, to the City of Emeryville.
13 Once the permit has been issued and the project is
underway the plan check engineer shall continue to
provide services for the project. All changes in plans, shop drawings, new details, etc. shall be reviewed
within the time frame requested by the Chief Building
Official/ Fire Code Official.
WC3 project managers Mr. Senaratne and Mr. Schneiderjohn will be working at the City of Emeryville offices two ( 2) times a week and they will continue to provide plan review services for revisions to approved plans.
14 Provide permit counter plan check services for a
minimum of two days per week.
Mr. Senaratne, PE, SE, LEED AP, and Mr. Schneiderjohn PE, CASp, and other plan review staff will be working at the City of Emeryville offices ( 2) times a week and will be performing over- the- counter plan reviews.
15 Provide a minimum of one senior combination field
inspection staff.
WC3 will provide contract field inspectors and code enforcement officers to perform field inspections and code enforcement daily. 16 Provide other services as deemed necessary by the
Chief Building Official/ Building Code Official.
WC3 staff, as they have done for the past seventeen years, will perform all duties assigned by the Chief Building Official. 17 Provide Building Division permit counter services as necessary.
WC3 Permit tech staff will be providing counter services on as needed basis.
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Teaming with Your Community to Make a Difference | www. WC- 3.com 22 Approach to Services and Scope of Work
WC3 understands that the City' s need for Plan Review, Inspection, Project Management and Permit Counter services may vary, depending on City' s staff capacity and capability to complete the services described in a thorough and timely manner. Our firm is proposing to full each service on a full-time, part-time, or on-call basis as required to address surges in work ow. The following presents a service plan describing WC³’s understanding of each task and an outline of the method proposed to provide the services requested.
Plan Review Services
WC³ is proposing to provide the following scope of building plan review services by both supplying staff to work in-house at the City’s offices twice a week, and by performing plan reviews at our San Ramon Corporate Office, whichever the City deems appropriate.
Life Safety Plan Review • CAL Green Plan Review
Structural Plan Review • Geotechnical Report Review
Electrical Plan Review • CASp Plan Review
Mechanical Plan Review • Historical Building Code Plan Review Plumbing Plan Review • Fire Code Plan Review
Energy (Title 24) Plan Review • LEED Review Assistance
ReScape California
Bay Area Friendly - Rating
Assistance)
Civil Engineering Review
When Plan Review services are to be completed off-site at our own location( s), WC3 will fulfill the scope of work associated with Plan Review as outlined in the table below:
OFF SITE PLAN REVIEW PROCESS & METHODOLOGY
Incoming Project WC3 Processing Plan Check Communication Recheck Approval Incoming Project
WC3 typically serves jurisdictions with electronic plan submittals, accepting and delivering plans back and forth via email attachments as well as links to electronically formatted documents stored elsewhere. WC3 will adapt to any preferred software or systems of the City of Emeryville.
WC3 Processing
An account information file, specific to the City is created to identify items inherent and of interest to the City. This file will be maintained and utilized during each and every project, ensuring potential concerns are always addressed.
Upon notification of projects and receipt/ download of electronic plan submittal, projects are uploaded and logged into WC3’ s own internal eProcess360 software platform and Client/ Regional Managers are automatically notified to begin the plan check process.
Continued)
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Teaming with Your Community to Make a Difference | www. WC- 3.com 23 Plan Check
WC3 will check submitted documents for completeness; inform the City of any missing information; review plans to understand the scope and task; identify significant code items and discuss important items with associated staff.
Client/ Regional Manager will assign WC3 plan examiner staff and monitor progress.
Client/ Regional Manager will quality check all comments before release to the City.
Communication
WC3 understands that all plan review comments are subject to the review by the City.
Review comments will have plan sheet numbers, detail numbers, and code sections.
WC3 will work with the City of Emeryville' s preferred method of communication and be available via email, phone or in-person for meetings, etc.
The City will always have the same points of contact for WC3.
The comment structure in our plan review comment lists will be easily transitioned into the format of the City' s preference.
Copies of all plans check comments and all other correspondence from the plans examiner to the applicant shall be sent directly to the City of Emeryville via email.
Recheck
Documents are resubmitted to begin the recheck process. WC3 requires a written response addressing each and every plan check item or comment.
Rechecks will be assigned to the same plans examiner who performed original review.
Any new comments to be included during the recheck cycle will be brought to the attention of the Client/ Regional Manager.
All plans examiners are encouraged to call and to resolve concerns, rather than adding additional corrections and comment lists.
Rechecks are performed quickly and timely. Our turnaround schedule is highlighted in the upcoming section regarding " Plan Review Schedule Adherence" Approval
Plan review approval will not be recommended to the City until all code compliance issues are resolved, and all permit issuance requirements of the department are satisfied.
WC3 is exible and will meet all City of Emeryville project approval requirements, including but not limited to, “Plans Examiner of Record” approval stamps, electronic submittals, paper/ hard copies, quantity of copies, pick- up/ delivery and more.
PLAN REVIEW SCHEDULE ADHERENCE
WC3 comprehensive plan reviews are performed in a prompt and expeditious manner to meet our jurisdictional clients’ needs. WC3 is able to commit to performing plan review deliverables within timeline expectations that were suggested in the RFP. When workloads get tight, WC3 is able take advantage of schedule availability in additional Regional Offices and benefit from the knowledge and expertise shared across multiple disciplines. All turnaround times are specified from the day they are received in our San Ramon Corporate Office and for extraordinarily complex projects, WC3 will immediately contact the City of Emeryville and agree on an appropriate response time prior to starting the review.
INITIAL RECHECK EXPEDITED RECHECK
Business Days) ( Business Days) ( Business Days) ( Business Days) New Construction, Additions & Remodels 10 5 3-5 3
New Multi- Family Projects 10 5 3-5 3
Commercial Projects ( Small) 10 5 3-5 3
Commercial Projects ( Large/ Complex)* 10-15 5-10 5-10 5-10 Typical turnaround times for large/ complex projects are 10- 15 days for first reviews and 5-10 days for re- checks.
The City will be contacted, and an appropriate response time will be negotiated on a case by case basis.
Continued)
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EXPEDITED APPROACH TO PLAN REVIEW SERVICES
Expedited or accelerated plan review can be accommodated upon request at any time from the City of Emeryville. The expedited plan review process is a means to accelerate initial plan reviews by experienced plans examiners, and when it comes to expedited plan review services, WC3’ s typical plan review process is extremely easy to adapt. Clients simply need to submit projects according to standard protocols with a note highlighting that a project is to be expedited. In this case, the quality of WC3’ s expedited plan review services does not change. WC3 will allocate additional staffing as necessary, and as available, in order to meet the City' s expedited deadlines. WC3 shall provide initial comments, including corrections to be made to the construction documents, within an expedited turnaround time of three to five ( 3 -5) business days from the date the submittal was received by our team. Subsequent reviews following initial expedited reviews may also be expedited at each client’ s discretion; however subsequent reviews are typically completed in a timely manner and will be reviewed in the order in which they are received.
Inspection Services
All inspection personnel assigned to the City of Emeryville will be able to read, understand and interpret construction documents, prepare and maintain accurate records and reports, communicate clearly (both verbally and in writing), and work effectively with contractors, the public, and jurisdictional staff. WC3 tailors our inspection services to meet the specific needs of our clients and all of our inspectors can perform combination building inspections as well as OSHPD- 3 inspections to ensure that construction complies with the applicable codes as depicted on the approved plans. Each inspector assigned will be in possession of all required certifications and the City will have the opportunity to review all candidates prior to task or project assignment.
Having worked in various jurisdictions, our inspection staff understand the inner workings of the Building Division and can assess procedures quickly. They will perform inspections and provide reports and associated services in the manner established by the City. WC3’s inspectors will provide field services in accordance with the following:
All field inspections will be performed through the City Building Division and under the direction of City staff members.
WC3 will assign personnel who are professionally qualified to perform commercial and residential construction inspection. All materials, resources, tools, and training will be provided by WC3.
Projects under construction, by permit from the City, will be inspected for compliance with all applicable state codes and local ordinances.
WC3 staff will coordinate all inspection and re-inspection requests per established City procedures.
Our field inspectors will enter all inspection records into the CRW/ Trackit permit tracking system. They will maintain all inspection records, correction notices and all documentation related to design changes for all assigned projects.
WC3 will be able to provide inspection staff for “temporary” assignments of less than two weeks duration within 24-hours of the request from the City of Emeryville.
WC3 will be able to provide inspection staff for “semi- temporary” assignments of less than three months duration within one week of the request from the City of Emeryville.
WC3 will be able to provide inspection staff for assignments in excess of three months duration within two weeks of the request from the City of Emeryville.
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Teaming with Your Community to Make a Difference | www. WC- 3.com 25 Project Management Services
WC3 will assign Mr. Giyan Senaratne, SE, PE, LEED AP, as the Project Manager for the City of Emeryville. He will assist the Chief Building Official, and other department heads, in any and all assignments. As he has done for the last thirty 35 plus years, Mr. Senaratne will be commit to manage all projects, coordinate with other City Departments, attend pre-construction or pre-design meetings, perform field visits, communicate with design team members, and provide support for field inspection personnel. Additionally, should the workow demand, WC3 can assign Mr. Eric Schneiderjohn, PE, CASp, to assist in managing project for the City of Emeryville as he has done in the past.
Permit Counter Services
As needed, WC3 can furnish exceptionally qualified personnel to staff and support the City of Emeryville' s front counter operations. Our staff operates as an extension of your team and understands that customer service is paramount in our industry. All of our team members are intimately familiar with the building application and permitting process and understand how critical the permit processing position is to maintain a smooth workow in the Building Division.
Over the Counter Plan Review Services - Mr. Giyan Senaratne, SE, PE, LEED AP, will be assigned to perform various duties, including over the counter reviews, at the City of Emeryville’ s front counter at least one day a week. In addition to Mr. Giyan Senaratne, WC3 proposes Mr. Eric Schneiderjohn, PE, CASp, to perform plan reviews two ( 2) days a week in the City of Emeryville. WC3 has other plan review staff that have experience performing over-the counter plan reviews and if needed they will be provided to serve at the front counter.
Permit Technician Services - Our permit technicians easily step in to assist where necessary and keep the process moving. Having worked in other jurisdictions, they are familiar with the process and can assess City procedures quickly to support the public at the front counter or on the phone. They are able to review and screen permit applications and documents, route and direct projects to other departments, calculate permit fees, research project status, issue permits, and utilize the City’s permit tracking system. Our technicians are acquainted with a vast array of jurisdictional permit tracking programs and will quickly adapt to the specific processes and procedures of the City of Emeryville' s Building Division. We work proactively and collaboratively with applicants to help resolve issues and make the permitting process as pleasant as possible for jurisdictional customers and applicants. They are familiar with construction drawings and documents and can review them for compliance with the conditions of project approval.
They have strong computer skills and can research, compile, and prepare reports and presentation graphics as needed.
The Building Department’ s front counter can be hectic, but our technicians understand the public’ s needs and work to assist them and fellow co-workers with a professional and friendly attitude. They can also help with any other clerical duties the City may require. All candidates will be presented for the City' s approval.
Currently Mr. Eric Schneiderjohn from our WC3 San Ramon Corporate Office provides in-house Permit Processing Services for the City of Emeryville twice a week and in case of short notice demands. WC3 can provide Counter Service help within an hour’s notice.
Docusign 537336124706Docusign Envelope Envelope ID: ID: F486523E-5190752C- 2568- 5C7A-4454- 4564-8B9E- AC19- 717B82136AC0 1 Fee Proposal
West Coast Code Consultants, Inc. (WC3) has enclosed within, under separate cover, our Fee Proposal in regard to Building Division Services, including Plan Review, Inspection, Project Management, and Permit Counter Services.
Plan review rates are based on a percentage of the plan review fees collected by the City of Emeryville, while a listing of hourly rates additionally depicts rates proposed for all personnel assigned to this project.
Additional notes and details are included on the subsequent page. 1 WC3 Proposed Fee Schedule
for Fiscal Years 2025/ 2026 and 2025/ 26
PLAN REVIEW SERVICES - FIXED FEE RATES
Comprehensive Plan Review 70% of Plan Review Fees Collected by the City Revisions / Deferred Submittals, RFIs / ASIs, Etc. As Per Hourly Rates Below Minimum Plan Review $ 330 ( 2-Hour Minimum Rate)
Expedited Plan Review 150% of Contract Rates
Electronic Plan Review / Auto Coordination No Additional Cost
PLAN REVIEW AND IN-HOUSE PROJECT MANAGEMENT SERVICES - HOURLY RATES Giyan Senaratne, PE, SE, LEED AP
Eric Schneiderjohn, PE, CASp
169. 95 / Hour
159. 65 / Hour
BUILDING DIVISION SERVICES - HOURLY RATES
Project Manager $ 169. 95 / Hour
CASp Plan Reviewer / Inspector $ 169. 95 / Hour
Senior Plan Review Structural Engineer ( Registered SE) $ 164. 80 / Hour Senior Plan Review Engineer ( Registered PE / FPE) $ 159. 65 / Hour ICC Certified Senior Building Inspector ( Prevailing Wage) $ 190. 55 / Hour ICC Certified Permit Technician $ 100. 43 / Hour
Expedited Plan Review 150% of Hourly Rates
MISCELLANEOUS SERVICES
Reimbursable Expenses At Cost + 15%
Courier/ Delivery Expenses No Additional Cost
Mileage Expenses IRS Standard Rate + 15%
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Proposed Hourly Rates - Hourly rates are typically subject to an annual increase based on a minimum 3% cost-of- living, the Engineering News Record’ s (ENR) Construction Cost Index (CCI), or the Consumer Price Index - Urban (CPI-U); whichever is greater. WC3’ s proposed hourly rates will be applicable through June 30, 2026.
Outside Plan Review Services - Outside complete plan review services will generally be performed from WC3' s San Ramon Corporate Office. Plan Review services include an initial review, second review and minor third review ( if needed) for approval of the plans. Any additional time required beyond the third plan review will be billed on an hourly basis, with prior approval by the City. A minimum charge of 2 hours will apply for hourly projects. Approval of any hourly charges will be obtained by the City prior to proceeding with the review.
Preliminary, Revisions and Deferred Submittals - Preliminary plan reviews, review of revisions after a project has been approved, review of shop drawings, and review of deferred submittals, etc. will be completed on an hourly basis with a minimum charge of 2 hours and a mutually acceptable not-to-exceed amount.
Expedited Plan Review - Expedited plan review may be accommodated upon request with 24 hours’ notice. This service will be accommodated for both percentage based and fixed fee/ contract rate packages, as well as for hourly rate contracts and services.
Electronic Plan Review - Electronic plan review services will be performed for percentage based plan review services facilitated off-site at WC3 office locations, as well for hourly plan review projects associated with in- house City services. WC3 will automatically coordinate all processes.
Prevailing Wage Assignments - Any prevailing wage assignment rates submitted to the jurisdiction will comply with State of California' s Department of Industrial Relations ( DIR) regulations.
On-Site, In-House or Inspection Services - On site or in-house services ( plan review, permit technician, CBO services) will be provided in eight (8) hour segments. An eight (8) hour minimum is required for all requested inspection services.
Overtime - On-site, in-house, or inspection services for overtime work, double overtime work, holiday work, weekend work, etc. will be invoiced as follows:
Overtime – One hundred fifty percent ( 150%) of regular rates. Overtime is defined as working more than eight (8) hours a day, more than forty (40) hours a week, or more than six (6) consecutive days in a workweek.
Double Overtime – Two hundred percent ( 200%) of regular rates. Double overtime is defined as working more than twelve ( 12) hours a day or working more than eight ( 8) hours on the seventh consecutive day of work.
Holidays and Weekends – Two hundred percent (200%) of regular rates.
Reimbursable Expenses - Reimbursable expenses ( i.e. specialized equipment rental or printing costs) will be authorized prior to charge and billed at actual cost + 15% mark up.
Courier / Delivery Expenses - Currently plans and documents are picked- up and delivered to our headquarters in San Ramon by our WC3 in-house staff member who is there in the City at least twice a week. When reviews are complete, plans are hand delivered back to the City. However, should the City prefer, WC3 will use our established shipping service to pick up documents for courier/ delivery to and from our WC3 office(s) at no additional cost.
Mileage Expenses - When applicable, reimbursements for mileage are for the use of personal automobiles within the City’ s limits, typically Building Inspectors. Reimbursements for mileage are applicable to the Internal Revenue Service’ s (IRS) standard mileage rate plus 15%.
Invoicing Procedures - At the beginning of each month, WC3 will furnish an invoice, and a statement of the work performed for compensation during the preceding month. Such statement will also include a detailed record, if applicable, of the month's actual reimbursable and mileage expenditures.
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C A L I F O R N I A
REV 08/2020 Page 1 of 5
EXHIBIT B
Contract Insurance Requirements
As used in this Exhibit B, Contractor refers to WEST COAST CODE CONSULTANTS, INC.
1. MINIMUM REQUIREMENTS
Contractor shall, at its expense, 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 or Services required by the Contract hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage, as checked below:
1.1 Minimum Scope of Insurance
Coverage shall be at least as broad as the latest version of the following:
General Liability
Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01).
Automobile Liability
Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto) or if Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the General Liability Policy.
Professional Liability / Errors and Omissions
Written on a policy form specifically designed to protect against acts, errors or omissions of the Contractor wherein “Covered Professional Services” as designated in the policy must specifically include Services performed under this Contract.
Workers’ Compensation and Employer’s Liability
Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.
Pollution Liability Insurance
Pollution Liability insurance for claims arising from the discharge, dispersal release or escape or any irritant or contaminant into or upon land, any structure, the atmosphere, watercourse or body of water, including groundwater. This shall Docusign 537336124706Docusign Envelope Envelope ID: ID: F486523E-5190752C- 2568- 5C7A-4454- 4564-8B9E- AC19- 717B82136AC0 City of Emeryville | Contract Insurance Requirements ( Exhibit B) REV 08/2020
include on and off-site clean up and emergency response costs and claims arising from above ground and below ground storage tanks.
1.2 Minimum Limits of Insurance
Contractor shall maintain limits no less than:
General Liability
1,000,000.00 per occurrence and $2,000,000.00 aggregate for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability.
OR
2,000,000.00 per occurrence and $4,000,000.00 aggregate for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability, and coverage for explosion, collapse and underground property damage hazards.
Automobile Liability
2,000,000.00 per accident for bodily injury and property damage.
Professional Liability / Errors and Omissions
2,000,000.00 per claim and aggregate.
Workers’ Compensation and Employer’s Liability
Workers’ compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000.00 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease.
Pollution Liability Insurance
2,000,000.00 per occurrence and $2,000,000.00 aggregate.
Except for the professional liability / errors and omissions policy, defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the Parties required to be named as additional insureds pursuant to this Contract.
2. INSURANCE ENDORSEMENTS
The insurance policies shall contain the following provisions, if checked, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions, if checked, to the insurance policies:
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General Liability
1) Such policy shall provide the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 or CG20 37, or endorsements providing the exact same coverage, with respect to the work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; 2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; ( 3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it; and (4) the insurance coverage shall contain standard separation of insureds provisions.
Automobile Liability
1) Such policy shall provide the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
Professional Liability Coverage
Any policy inception date, continuity date, or retroactive date must be before the effective date of this Contract and Contractor agrees to maintain continuous coverage through a period no less than three years after termination of the Contract.
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Workers’ Compensation and Employer’s Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.
Pollution Liability Coverage
1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to claims arising from the discharge, dispersal release or escape or any irritant or contaminant into or upon land, any structure, the atmosphere, watercourse or body of water, including groundwater; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
ALL COVERAGES
Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.
3. NO SPECIAL LIMITATIONS
The required insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers.
4. DEDUCTIBLES AND SELF-INSURANCE RETENTIONS
Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
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5. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.
6. VERIFICATION OF COVERAGE
Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
7. SUBCONTRACTORS
All subcontractors shall meet the requirements of this Section before commencing any work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.
8. REPORTING OF CLAIMS
Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the work performed under this Contract.
Attach:
Insurance Certificate and Endorsements
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