ITEM 4. 12
CITY MANAGER' S REPORT
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING
ITEM: REINSTATE AND EXTEND MASTER AGREEMENT
AND APPROVE TASK ORDER NO. 9 WITH
INTERWEST CONSULTING GROUP, INC. FOR
PROFESSIONAL PROJECT SPECIFIC SERVICES
IN THE BUILDING DEPARTMENT
RECOMMENDATION: Adopt Resolution Reinstating and Extending Master Consulting Agreement with Interwest
Consulting Group, Inc. and Approving Task
Order No. 9 to Provide Project Specific Plan
Check and Inspection Services in the Building
Department
SUMMARY:
The Building Department is responsible for serving the public by ensuring that the safety initiatives incorporated into the current adopted California Codes and the Lathrop Municipal Code are enforced by plan check and inspections of on- site construction.
Due to the continued increase in construction and development activity related to land development, residential, commercial, and industrial projects, staff has requested a proposal from Interwest to provide continued project specific professional services in the Building Department.
The Master Agreement and the most recent Task Order had a termination date of December 30, 2022. In order to keep up with current Land Development projects, residential, commercial and industrial; staff is requesting that Council reinstate and extend the Master Agreement and approve Task Order No. 9 for Interwest to provide project specific professional services within the Building Department.
Staff is requesting City Council approve Task Order No. 9 with Interwest to continue to provide project specific professional services for Plan Check Services in the Building Department for an amount not to exceed $ 400, 000. The proposed Task Order No. 9 will be fully funded by plan check fees collected from development and costs for plan check services will only be incurred if the revenue has been received.
BACKGROUND:
The Building Department is responsible for serving the public by ensuring that the safety initiatives incorporated into the current adopted California Codes and the Lathrop Municipal Code are enforced by plan check and inspection of on- site construction.
CITY MANAGER' S REPORT PAGE 2
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING
REINSTATE AND EXTEND MASTER AGREEMENT AND APPROVE TASK ORDER NO. 9 WITH INTERWEST CONSULTING GROUP, INC. FOR PROFESSIONAL
PROJECT SPECIFIC SERVICES IN THE BUILDING DEPARTMENT
Due to the continued increase in construction and development activity related to land development, residential, commercial, and industrial projects, staff has requested a proposal from Interwest to provide continued project specific professional services in the Building Department.
Table 1 below provides a summary of the previously approved task orders with Interwest to date.
Table 1 - Summar of Previousl Ap roved Task Orders
Task Order No.
Date
guilding Department Scope Description A roved
1, 2 2016 Staff Au mentation, Plan Check Services
3 2017 Plan Check Services
4, 5 2018 Plan Check Services
6, 7 2019 Plan Review, Building Inspection, and Permit
Technician Services
8 2021 Plan Review, Building Inspection, and Permit
Technician Services
REASON FOR RECOMMENDATION:
Continued professional services for project specific plan check and inspection services are needed for the Building Department to keep up with the continued increase in development and construction activity related to private land development and residential, commercial, and industrial projects.
FISCAL IMPACT:
The cost of Task Order No. 9 is for an amount not to exceed $ 400, 000 and will be paid on a percentage basis of 2022- 2024 billing rates. Sufficient funds have been included in the fiscal year 2022- 23 approved budget detailed in attachment B and will be paid from funds allocated in the Building Department. Additionally, Task Order No. 9 will be fully funded by plan check fees collected from development, and costs for plan check services will only be incurred if the revenue has been received.
ATTACH M ENTS:
A. Resolution Reinstating and Extending Master Consulting Agreement with Interwest Consulting Group, Inc. And Approving Task Order No. 9 to Provide Project Specific Plan Check and Inspection Services in the Building Department B. Task Order No. 9 with Interwest Consulting Group, Inc. for Plan Check and Inspections Services in the Building Department
C. Reinstated and Extended Master Agreement with Interwest Consulting Group Inc. dated, March 13, 2023.
CITY MANAGER' S REPORT PAGE 3
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING
REINSTATE AND EXTEND MASTER AGREEMENT AND APPROVE TASK ORDER NO. 9 WITH INTERWEST CONSULTING GROUP, INC. FOR PROFESSIONAL PRO7ECT SPECIFIC SERVICES IN THE BUILDING DEPARTMENT
APPROVALS:
3 - 023
Ed Short Date
Chief Building Official
3 • • zoz3
Michael King Date
Assi nt City Manager
7 Cari James Date
Finance Dir ctor
Zoz
Salvador Navarrete Date
City Attorney
3 •. z3
Stephen J. Salvatore Date
City Manager
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
REINSTATING AND EXTENDING MASTER CONSULTING AGREEMENT WITH INTERWEST CONSULTING GROUP, INC. AND APPROVING TASK ORDER NO. 9 TO PROVIDE PR07ECT SPECIFIC PLAN CHECK AND INSPECTION SERVICES
IN THE BUILDING DEPARTMENT
WHEREAS, the Building Department is responsible for conducting plan check and onsite construction inspections; and
WHEREAS, due to the continued increase in construction activity related to private land development, residential, commercial, and industrial projects, staff requested a proposal from Interwest Consulting Group, Inc., ( Interwest) to provide continued project specific professional Plan Check Services and Inspections; and WHEREAS, the use of project specific professional services allows the Building Department to adjust to the changing demands when large projects or large volumes of plan review services or onsite inspections are required during unpredictable workload spikes; and
WHEREAS, the cost of Task Order No. 9 is not to exceed $ 400, 000 and will be paid on a percentage basis of 2022- 2024 billing rates; and WHEREAS, sufficient funds have been included in the fiscal year 2022- 23 approved budget and will be paid from funds allocated to the Building Department professional services budget; and
WHEREAS, the proposed Task Order No. 9 will be fully funded by plan check fees collected from development and costs for plan check services will only be incurred if the revenue has been received; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the Reinstated and Extended Master Professional Consultant Agreement with Interwest Consulting Group Inc. and approve Task Order No. 9 for an amount not to exceed $ 400, 000 with Interwest Consulting Group, Inc. to provide project specific Building Plan Check Services and Inspections, pursuant to Master Professional Services Consulting Agreement with Interwest Consulting Group, Inc.
The foregoing resolution was passed and adopted this 13t'' day of March 2023, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney
ATTACHMENT
CITY OF LATHROP
TASK ORDER NO. 9
PURSUANT TO REINSTATED AND EXTENDED MASTER
CONSULTING AGREEMENT APPROVED MARCH 13, 2023 WITH
INTERWEST CONSULTING GROUP INC.
TO PROVIDE PROJECT SPECIFIC PLAN CHECK AND INSPECTION
SERVICES IN THE BUILDING DEPARTMENT
THIS TASK ORDER N0. 9, dated for convenience this 13t" day of March 2023 is by and made and entered into by and between INTERWEST CONSULTING GROUP CONSULTANT") and the CITY OF LATHROP, a California municipal corporation CITY");
RECITALS:
WHEREAS, on July 18, 2016, CONSULTANT entered into a Master Agreement and Task Order No. 1 and No. 2 (" AGREEMENT") with the CITY, by which the CONSULTANT has agreed to provide plan review, building inspection and permit technician services; and
WHEREAS, on April 17, 2017, City Council approved Task Order No. 3 to provide additional Building Department Professional Plan Check Services; and WHEREAS, on January 18, 2018, the City issued Task Order No. 4 for Plan Check Services to the Public Works Department; and
WHEREAS, on February 12, 2018, the City issued Task Order No. 5 for Plan Check Services to the Public Works Department; and
WHEREAS, on April 8, 2019, the City issued Task Order No. 6 for Plan Check Services in the Building Department; and
WHEREAS, on August 12, 2019, the City issued Task Order No. 7 for Plan Check Building Inspection and Permit Technician Services in the Building Department; and WHEREAS, on July 12, 2021 the City issued Task Order No. 8 for Plan Check Building Inspection and Permit Technician Services in the Building Department; and WHEREAS, additionally, on July 12, 2021, City Council approved to reinstate Master Agreement and extend termination date to June 30, 2022; and WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform project specific Plan Check Services, which are required by this agreement; and
CITY OF LATHROP — TASK ORDER NO. 9 WITH INTERWEST CONSULTING GROUP INC. TO PROVIDE PROJECT SPECIFIC PLAN CHECK AND INSPECTION SERVICES
IN THE BUILDING DEPARTMENT
WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such building plan check services, as hereinafter defined, on the following terms and conditions; NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AGREEMENT
1) Incorporation of Master Aqreement
This Task Order No. 9 hereby incorporates by reference all terms and conditions set forth in reinstated and extended Master Consulting Agreement for plan check and inspection services, unless specifically modified by this Task Order.
2) Scope of Service
CONSULTANT agrees to perform project specific plan check and inspection services in accordance with the scope of work and fee proposal attached hereto as Exhibit "A" to this Task Order.
CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and to the CITY' S satisfaction. 3) Effective Date and Term.
The effective date of this Task Order No. 9 is March 13, 2023 and it shall terminate no later than June 30, 2024.
4) Compensation
CITY hereby agrees to pay CONSULTANT hourly rates and other charges not to exceed $ 400, 000 for the Plan Check Services, at the detailed rates detailed in Exhibit A. CONSULTANT shall be paid any uncontested sum due and payable within thirty (30) days of receipt of billings containing all information pursuant to Paragraph 5 below. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in Exhibit " A", unless a written change order or authorization describing the extra work and payment terms has been executed by CITY's authorized representative prior to the commencement of the work.
CITY OF LATHROP — TASK ORDER NO. 9 WITH INTERWEST CONSULTING GROUP INC. TO PROVIDE PROJECT SPECIFIC PLAN CHECK AND INSPECTION SERVICES
IN THE BUILDING DEPARTMENT
5) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary insurance have been received. City shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed.
6) Siqnatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
CITY OF LATHROP — TASK ORDER NO. 9 WITH INTERWEST CONSULTING GROUP INC. TO PROVIDE PROJECT SPECIFIC PLAN CHECK AND INSPECTION SERVICES
IN THE BUILDING DEPARTMENT
Approved as to Form: City of Lathrop
City Attorney
3 - - zaz3
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Michael King Date
Approved by:
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
CONSULTANT: Interwest Consulting Group Inc.
1613 Santa Clara Drive, Suite 100
Roseville, CA 95661
Fed I D #
Bus License #
Signature Date
Print Name and title)
EXHIBIT" •
December 19, 2022
City of Lathrop
390 Towne Center DR
Lathrop, CA 95330 I N T E R W E S T
A SAFEbuitt COMpANY
Dear Sandra,
Interwest Consulting Group is pleased to present this letter of proposal to the City of Lathrop and Interwest Consulting Group, Inc. For Professional Building Plan Review Services and Building Inspection.
COMPENSATION:
For complete plan review services for projects reviewed by our office, we propose a fee equat to 65% of the plan review fees based on your adapted fee schedule. Plan Review services will include an initial first review and two back- check reviews of the plan. Any additional plan review services required beyond the third review will be billed at our hourly rate listed within the Schedule of Hourly Billing Rates Shown below, For in- house services, we propose utilizing the hourly rate listed within the Schedule of Hourly Billing Rates for the specific classification unitized for the services. We are willing to negotiate a mutually acceptable fee for large projects and special projects on a case- by-case basis.
For structural only and other partial reviews such as foundation only, primary reviews, or others, we propose to negotiate a mutually agreeable fixed fee based on the specific service requested or provide services on an hourly basis usingthe rates listed in ourSchedule of Hourly Billing Rates shown below.
PLAN REVIEW- FEE SCHEDULE
The rate displayed in the fee schedule below reflects Interwest' s' current fees. Hourly rates are typically reviewed yearly on July 15i and may be subject to revision unless under a specific contractual obligation. Our rates will be firm for the first year of an agreement. In addition, there is no charge for shipping, supply, or material costs.
PRICE INCREASE
No price increase will occur during the first year of the Contract, and fee quotes for specific services shall remain firm throughout that project. Thereafter, rates will be increased annually on July lst. The hourly rates listed shall be increased based upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof, Consumer Price Index( United States City Average, all items( CPI- U), Not SeasonallyAdjusted, All Urban Consumers, referred to herein as the" CPI") for the Municipality or, if not reported for the Municipality of CPI for cities of similar size within the applicable region from the previous calendar year, such increase, however not to exceed 4% per annum. This increase will become effective upon publication ofthe applicable CPI data. If the index decreases, the rates listed shall remain unchanged. y
HOURLY RATES:
Interwest Consulting Group proposes the following fees for Remote Professional Building Plan Review Services and Building Inspection Services:
Schedule of Hourly Billing Rate
Classification Hourly Billing Rate
Licensed Plan Review Engineer( structural, civil, $ 145 electrical, mechanical)/ Architect
Senior Plans Examiner 125
CASp 120
Inspector III 105
Inspector II 95
Inspector I 85
Permit Technician 75
Fire Protection Engineer 145
Senior Fire Plans Examiner 125
Fire Plans Examiner/ Fire Inspector 110
ICC Building Plans Examiner 110
Solar Fee 175
EXPEDITED REVIEWSExpedited Reviews, when requested and availability allows, shafl invoice at 150% of the above rates
INSPECTOR FEES
Overtime will be 150% of the above hourly fees
Inspectorfees- 4- hourminimum
Mileage calculated in accordance to IRS
CONTRACTUAL INFORMATION
Interwest Consulting Group, Inc
Address: 1613 Santa Clara Dr,# 100, Roseville, CA 95661 Interwest Corporate Office
Address: 444 N. Cleveland Ave, Loveland, CO 80537
Signature Authority: Paul Meschino- President
DocuSign email: pmeschinoC«interwestgrp. com, CC: mharo-sullivanCa interwestgrp. com Si erely
Paul Meschino
President
Interwest Consulting Group
3 , " x k ;..
ATTACHMENT
REINSTATED AND EXTENDED MASTER CONSULTANT AGREEMENT
BETWEEN THE CITY OF LATHROP AND INTERWEST CONSULTING
GROUPINC
TO PROVIDE PLAN REVIEW, BUILDING INSPECTION AND PERMIT
TECHNICIAN SERVICES
THIS AGREEMENT, dated for convenience this 13t'' day of March 2023, is by and between Interwest Consulting Group. ("CONSULTANT") and the CITY OF LATHROP, a California municipal corporation (" CITY");
RECITALS:
WHEREAS, Council approved a Master Agreement with Interwest Consulting Group on July 18, 2018 that expired on June 30, 2019; and WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CITY and CONSULTANT agreed to reinstate the Interwest Master Consulting Agreement and extend termination date to June 30, 2026 (" Agreement"); and NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AGREEMENT
1) Scope of Service
CONSULTANT agrees to perform Plan Review, Building Inspection and Permit Technician Services in conformance with an approved Scope of Work submitted by the CONSULTANT. CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and CITY'S satisfaction. 2) Compensation
CITY hereby agrees to pay CONSULTANT the amount indicated in each approved Task Order, for the Plan Review, Building Inspection and Permit Technician Services. City agrees to pay CONSULTANT within thirty ( 30) days of receipt of billings containing all information required per Paragraph 5 below. Compensation for any task must be equal to or less than the percentage of task complete.
In no event shall CONSULTANT be entitled to compensation for work not included in an approved Task Order Scope of Work unless CITY' s authorized representative executes a written change order or authorization describing the extra work and payment terms prior to the commencement of the work.
CITY OF LATHROP — REINSTATING AND EXTENDING MASTER CONSULTANT
AGREEMENT BETWEEN THE CITY OF LATHROP AND INTERWEST CONSULTING
GROUP INC
3) Effective Date and Term
The original term agreement was August 12t", 2019 with a termination date of June 30, 2022. The City is asking to reinstate and extend the Master Consultant Agreement on March 13, 2023, and it shall terminate no later than June 30, 2026. 4) Independent Contractor Status
It is expressly understood and agreed by both parties that CONSULTANT, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the CITY. As an independent contractor, CONSULTANT is responsible for controlling the means and methods to complete the scope of work describe in each approved Task Order to the City' s satisfaction. CONSULTANT expressly warrants not to represent, at any time or in any manner, that CONSULTANT is an employee of the CITY. 5) Billin s
CONSULTANT' S bills shall include a list of all tasks, a total amount due, the amounts previously billed, and the net amount due on the invoice. Except as specifically authorized by CITY, CONSULTANT shall not bill CITY for duplicate services performed by more than one person. In no event shall CONSULTANT submit any billing for an amount in excess of the rates or the maximum amount of compensation provided in section ( 2) for either task or for the entire Agreement, unless modified by a properly executed change order.
6) Advice and Status Reportinq
CONSULTANT shall provide the CITY with timely reports, orally or in writing, of all significant developments arising during performance of its services hereunder, and shall furnish to CITY such information as is necessary to enable CITY to monitor the performance of this Agreement.
7) Assiqnment of Personnel
CONSULTANT shall assign on y competent personnel to perform services pursuant to this Agreement. If CITY asks CONSULTANT to remove a person assigned to the work called for under this Agreement, CONSULTANT agrees to do so immediately, without requiring the City to process a reason or explanation for its request.
The services shall be performed by, or under the direct supervision, of CONSULTANT' s Authorized Representative: Ron Beehler, SE, CBO, CONSULTANT shall not replace its Authorized Representative without the prior written approval by the CITY.
CITY OF LATHROP — REINSTATING AND EXTENDING MASTER CONSULTANT
AGREEMENT BETWEEN THE CITY OF LATHROP AND INTERWEST CONSULTING
GROUPINC
8) Assiqnment and Subcontractinq
It is recognized by the parties hereto that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSULTANT. Neither this Agreement nor any interest therein may be assigned by CONSULTANT without the prior written approval of CITY' S authorized representative. CONSULTANT shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted in the proposal, without prior written approval of the CITY' S authorized representative.
9) Insurance
On or before beginning any of the services or work called for by any term of this Agreement, CONSULTANT, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY.
CONSULTANT shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONSULTANT has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers' Compensation. CONSULTANT shall, at CONSULTANT' S sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by CONSULTANT. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars. In the alternative, CONSULTANT may rely on a selfinsurance program to meet these requirements provided that the program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONSULTANT, if a program of self- insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement.
b) Commercial General and Automobile Liability Insurance.
CONSULTANT, at CONSULTANT' S own cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If Commercial General Liability Insurance or an Automobile Liability
CITY OF LATHROP — REINSTATING AND EXTENDING MASTER CONSULTANT
AGREEMENT BETWEEN THE CITY OF LATHROP AND INTERWEST CONSULTING
GROUP INC
form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) and Insurance Services Office Automobile Liability form CA 0001 ed. 12/ 90) Code 1 ( any auto).
Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, agents, and volunteers are to be covered as insured with respect to each of the following:
liability arising out of activities performed by or on behalf of CONSULTANT, including the insider's general supervision of CONSULTANT; products and compfeted operations of
CONSULTANT; premises owned, occupied or used by
CONSULTANT. The coverage shall contain no special
limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage. iv) Any failure of CONSULTANT to comply with reporting
provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. v) Insurance is to be placed with California- admitted insurers with a Best' s rating of no less than A: VII.
vi) Notice of cancellation or non- renewal must be received by CITY at least thirty days prior to such change.
CITY OF LATHROP — REINSTATING AND EXTENDING MASTER CONSULTANT
AGREEMENT BETWEEN THE CITY OF LATHROP AND INTERWEST CONSULTING
GROUP INC
c) Professional Liabilitv. CONSULTANT, at CONSULTANT' S own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than One Million Dollars ($ 1, 000, 000) per claim made and per policy aggregate covering the licensed professionals' errors and omissions, as follows:
i) Any deductible or self- insured retention shall not exceed 150, 000 per claim.
ii) Notice of cancellation, material change, or non- renewal must be received by the CITY at least thirty days prior to such change shall be included in the coverage or added as an endorsement to the policy.
iii) The policy must contain a cross liability or severability of interest c ause.
iv) The following provisions shall apply if the professional liability coverages are written on a claims made form:
1. The retroactive date of the policy must be shown and must be before the date of the Agreement.
2. Insurance must be maintained and evidence of
insurance must be provided for at least five years after completion of the Agreement or the work, so long as
commercially available at reasonable rates.
3. If coverage is canceled or not renewed and it is not replaced with another claims made policy form with a
retroactive date that precedes the date of this
Agreement, CONSULTANT must provide extended
reporting coverage for a minimum of five years after
completion of the Agreement or the work. The CITY
shall have the right to exercise at the CONSULTANT' S
cost, any extended reporting provisions of the policy
should the CONSULTANT cancel or not renew the
coverage.
4. A copy of the claim reporting requirements must be
submitted to the CITY prior to the commencement of
any work under this Agreement.
d) Deductibles and Self-Insured Retentions. CONSULTANT shall disclose the self- insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, upon express written
CITY OF LATHROP — REINSTATING AND EXTENDING MASTER CONSULTANT
AGREEMENT BETWEEN THE CITY OF LATHROP AND INTERWEST CONSULTING
GROUPINC
authorization of the CITY' s authorized representative, CONSULTANT may increase such deductibles or self-insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY' s authorized representative may condition approval of an increase in deductible or self- insured retention levels upon a requirement that CONSULTANT procure a bond
guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
e) Notice of Reduction in Coveraqe. In the event that any coverage required under subsections ( a), ( b), or ( c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONSULTANT shall provide written notice to CITY at CONSULTANT' S earliest possible opportunity and in no case later than five days after CONSULTANT is notified of the change in coverage.
f) In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONSULTANT to stop work under this Agreement or withhold any payment which becomes due to CONSULTANT
hereunder, or both stop work and withhold any payment, until CONSULTANT demonstrates compliance with the
requirements hereof;
iii) Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT' S breach.
10) Indemnification - CONSULTANT' S Responsibilitv
As to the CONSULTANT' S work hereunder, it is understood and agreed that ( a) CONSULTANT has the professional skills necessary to perform the work, ( b) CITY relies upon the professional skills of CONSULTANT to perform the work in a skillful and professional manner, and ( c) CONSULTANT thus agrees to so perform.
Acceptance by CITY of the work performed under this Agreement does not operate
CITY OF LATHROP — REINSTATING AND EXTENDING MASTER CONSULTANT
AGREEMENT BETWEEN THE CITY OF LATHROP AND INTERWEST CONSULTING
GROUPINC
as a release of said CONSULTANT from such professional responsibility for the work performed. It is further understood and agreed that CONSULTANT is apprised of the scope of the work to be performed under this Agreement and CONSULTANT agrees that said work can and shall be performed in a ful y competent manner in accordance with the standard of care applicable to CONSULTANT' S profession.
CONSULTANT shall indemnify, defend, and hold CITY, its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused by the willful misconduct or negligent acts or omissions of CONSULTANT, its employees, subcontractors, or agents, or on account of the performance or character of this work, except for any such claim arising out of the negligence or willful misconduct of the CITY, its officers, employees, agents, or volunteers. It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause.
This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
11) Licenses
If a license of any kind, which term is intended to include evidence of registration, is required of CONSULTANT, its employees, agents, or subcontractors by federal or state law, CONSULTANT warrants that such license has been obtained, is valid and in good standing, and CONSULTANT shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
12) Business Licenses
CONSULTANT shall obtain and maintain a CITY of Lathrop Business License until all Agreement services are rendered and accepted by the CITY. 13) Termination
Either CITY or CONSULTANT may cancel this Agreement upon 30 days written notification to the other party. In the event of termination, the CONSULTANT shall be entitled to compensation for services performed to the effective date of termination; provided, however, that the CITY may condition payment of such compensation upon CONSULTANT' S delivery to the CITY of any or all documents, photographs, computer software, video and audio tapes, and other materials provided to CONSULTANT or prepared by or for CONSULTANT or the CITY in connection with this Agreement.
CITY OF LATHROP — REINSTATING AND EXTENDING MASTER CONSULTANT
AGREEMENT BETWEEN THE CITY OF LATHROP AND INTERWEST CONSULTING
GROUP INC
14) Fundinq
CONSULTANT agrees and understands that renewal of this agreement in subsequent years is contingent upon action by the City Council consistent with the appropriations limits of Article XIII ( B) of the California Constitution and that the Council may determine not to fund this agreement in subsequent years. 15) Notices
All contracts, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if ( 1) personally served, ( 2) sent by the United States mail, postage prepaid, ( 3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two 2) Days by delivery of a hard copy of the material sent by facsimile transmission.
Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
To City: City of Lathrop
City Clerk
390 Towne Centre
Lathrop, CA 95330
Copy to: City of Lathrop
Public Works Department
390 Towne Centre
Lathrop, CA 95330
MAIN: ( 209) 941- 7430
CONSULTANT: Interwest Consulting Group
Ron Beehler, SE, Regional Manager
1613 Santa Clara Drive, Suite 100
Roseville, CA 95661
Fed ID #
Bus License #
16) Miscellaneous
a) Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent.
CITY OF LATHROP — REINSTATING AND EXTENDING MASTER CONSULTANT
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b) Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the Laws of the State of California.
c) Definitions. The definitions and terms are as defined in these specifications.
d) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority.
e) Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement.
f) Incorporation of Documents. All documents constituting the Agreement documents described in Section 1 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in the Agreement and shall be deemed to be part of this Agreement. g) Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.
h) Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.
i) Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party.
All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
j) Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
CITY OF LATHROP — REINSTATING AND EXTENDING MASTER CONSULTANT
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k) Status of CONSULTANT. In the exercise of rights and obligations under this Agreement, CONSULTANT acts as an independent contractor and not as an agent or employee of CITY.
CONSULTANT shall not be entitted to any rights and benefits accorded or accruing to the City Council members, officers or employees of CITY, and CONSULTANT expressly waives any and all claims to such right and benefits.
I) Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.
m) Time of the Essence. Time is of the essence of this Agreement and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday or any Day observed as a legal holiday by CITY, the time for performance shall be extended to the following Business Day.
n) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California. o) Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non- prevailing party.
17) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary insurances have been received. City shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed. 18) Siqnatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
CITY OF LATHROP — REINSTATING AND EXTENDING MASTER CONSULTANT
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Approved as to Form: City of Lathrop
City Attorney
3- ?- zo
Salvador Navarrete Date
Recommended for Approvat: City of Lathrop
Assistant City Manager
Michael King Date
Approved by: City of Lathrop
Resolution No. 390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
CONSULTANT: Interwest Consulting Group
Ron Beehler, SE, Regional Manager
1613 Santa Clara Drive, Suite 100
Roseville, CA 95661
Fed ID #
Bus License #
Signature Date
Print Name and Title)