Revised 10/2021 10/13/2022 12:28 PM
For information regarding this Agenda please contact:
Olivia Nashed
City Clerk
Telephone: (209) 333-6702
C-1 Call to Order / Roll Call
C-2 Announcement of Closed Session
a) Prospective Lease of Real Property Located at 2000 West Turner Road, Lodi, California (APN 029- 03-070); the Negotiating Parties are City Manager Stephen Schwabauer for the City of Lodi and Daryl Merritt for Bond Manufacturing Co., Inc., and RRM Enterprises, LLC; Government Code §54956.8 (CM)
b) Conference with Adele Post, Human Resources Manager, and Andrew Keys, Deputy City Manager (Labor Negotiators), Regarding Lodi Professional Firefighters, Lodi Police Dispatchers Association, AFSCME General Services and Maintenance & Operators, Confidential General Services, Executive Managers, and Appointed Employees Pursuant to Government Code §54957.6 (CM)
C-3 Adjourn to Closed Session
NOTE: THE FOLLOWING ITEMS WILL COMMENCE NO SOONER THAN 7:00 P.M.
C-4 Return to Open Session / Disclosure of Action
A. Call to Order / Roll Call
B. Presentations
B-1 Sikh Awareness Month Proclamation (CLK)
B-2 Zombie Walk as Tom Presler Day Proclamation (CLK)
LODI CITY COUNCIL
Carnegie Forum
305 West Pine Street, Lodi
Notice Regarding Public Comments
Public Comment may be submitted in the following ways:
• In-person – The Carnegie Forum is open to the public in accordance with CDPH and CalOSHA guidelines.
• Zoom Webinar
Meeting ID: 825 2286 8353
Passcode: 985648
Phone number: 1 253 215 8782 or 1 346 248 7799
Link: https://us06web.zoom.us/j/82522868353?pwd=cFh1S2VWUmZHR0pCbmZyTitHZ05kQT09 Public comment received via email, mail, or hand delivery will be provided to the City Council and included in the official minutes of the meeting, but will not be read aloud at the meeting. • Email – [email protected]
Received no later than two hours prior to the meeting • Mail – City Clerk’s Office, P.O. Box 3006, Lodi, CA 95241 • Hand delivered to: City Clerk’s Office, 221 W. Pine Street, Lodi, CA 95240 Received no later than two hours prior to the meeting 6:55 p.m. Invocation/Call to Civic Responsibility . Invocations/Calls may be offered by any of the various religious and non- religious organizations within and around the City of Lodi. These are voluntary offerings of private citizens, to and for the benefit of the Council. The views or beliefs expressed by the Speaker have not been previously reviewed or approved by the Council, and the Council does not endorse the beliefs or views of any speaker.
AGENDA – Regular Meeting
Date: October 19, 2022
Time: Closed Session 6:15 p.m.
Regular Meeting 7:00 p.m.
CITY COUNCIL AGENDA
OCTOBER 19, 2022
PAGE TWO
C. Consent Calendar (Reading; Comments by the Public; Council Action) All matters listed on the consent calendar are considered to be routine and will be acted upon by one motion.
There will be no separate discussion of these items. If a member of the public would like a consent calendar item pulled and discussed separately, refer to the Notice at the beginning of this agenda.
C-1 Receive Register of Claims for September 16, 2022 through September 29, 2022 in the Total Amount of $9,568,458.32 (FIN)
C-2 Approve Minutes (CLK)
a) August 17, 2022 (Regular Meeting)
b) September 27, October 4, and October 11, 2022 (Shirtsleeve Sessions) c) September 27, 2022 (Special Meeting)
C-3 Fourth Quarter Fiscal Year 2021/22 Water, Wastewater and Electric Utility Department Financial Reports (FIN)
Res. C-4 Adopt Resolution Authorizing Vehicle Replacement Purchase from Chase Chevrolet, of Stockton; Emergency Equipment and Installation from Stommel, Inc., dba LEHR, of Sacramento; and Appropriate Funds ($30,827) (PD)
Res. C-5 Adopt Resolution Ratifying City Manager’s Approval of Four Patrol Vehicle Replacements from Folsom Lake Ford, of Folsom, and Emergency Equipment and Installation from Stommel, Inc., dba LEHR, of Sacramento ($307,909) (PD)
C-6 Approve Plans and Specifications and Authorize Advertisement for Bids for Blakely Park - Enze Pool Shallow End Adjustment (PW)
C-7 Approve Plans and Specifications and Authorize Advertisement for Bids for Solids Handling Facility Improvements at White Slough Water Pollution Control Facility (PW)
Res. C-8 Adopt Resolution Awarding Contract for Grape Stake Replacement Project – Phase 1 to Superior Industry Builders, of Merced ($218,221); Authorizing City Manager to Execute Change Orders ($20,000); and Appropriating Funds ($38,221) (PW)
Res. C-9 Adopt Resolution Awarding Contract for State Route 99/Turner Road Interchange Project to O.C. Jones & Sons, Inc., of Berkeley, ($5,890,182.90); Authorize City Manager to Execute Change Orders ($900,000); Authorize City Manager to Execute All Funding Commitment Documents; and Appropriate Funds ($7,500,000) (PW)
Res. C-10 Adopt Resolution Authorizing City Manager to Execute Contract with San Joaquin County Sheriff’s Office Community Corps Services for General Labor within Parks and Recreation Facilities (up to $75,000 for Three years) (PRCS)
C-11 Accept Improvements Under Contract for Electric Utility Office Remodel Project (PW)
C-12 Accept Improvements Under Contract for Blakely Park Sport Fields and Irrigation Improvements (PW)
Res. C-13 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Hildebrand Consulting, of Oakland, for 2023 Water and Wastewater Cost of Service Rate Study ($90,620) (PW)
Res. C-14 Adopt Resolution Authorizing City Manager to Execute Three-Year Agreement with Environmental Systems Research Institute, Inc., of Redlands, for Geographic Information System Software ($165,000) (PW)
CITY COUNCIL AGENDA
OCTOBER 19, 2022
PAGE THREE
Res. C-15 Adopt Resolution Authorizing City Manager to Execute Two-Year Professional Services Agreement with 1) 4 Leaf, Inc.; 2) Interwest Consulting Group, Inc.; 3) Bureau Veritas North America, Inc.; 4) BPR Consulting Group, LLC; and 5) CSG Consultants, Inc., for Building Codes Plans Examining, Building Codes Inspection, Fire Codes Plans Examining, Fire Codes Inspection, and Code Enforcement Services on As-Needed Basis; and Further Authorize City Manager to Execute Two Two-Year Extension Options with Each Consultant with Total Contracts Not to Exceed Six Years or $1,200,000 (CD)
Res. C-16 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional Services Agreement with Tree Lodi for Electric Utility Pilot Shade Tree Program (EU)
Res. C-17 Adopt Resolution Waiving Bid Process and Authorizing City Manager to Execute Amendment No. 1 to Professional Services Agreement with NJ Associates, Inc., of Lodi, and Extending Term to December 31, 2023, for Access Center Design Development, Civil Engineering, Construction Documents, Bid Documents, and Construction Administration (Not to Exceed $630,000) (CD)
Res. C-18 Adopt Resolution Authorizing City Manager to Authorize Purchase of Three-Year License Renewal for Rubrik Data Backup Appliance and Cloud Management from ePlus Technology, Inc., of Rocklin, and Appropriate Funds ($130,000) (IT)
Res. C-19 Adopt Resolution Approving 2022 City of Lodi Title VI Program and Language Assistance Plan (PW)
Res. C-20 Adopt Resolution Ratifying U.S. Department of Justice 2022 Edward Byrne Memorial Justice Assistance Grant Application, Authorize Chief of Police to Accept Funding, and Appropriate Funds ($18,890) (PD)
Res. C-21 Adopt Resolution Authorizing Additional Appropriation of Funds to Substation Intrusive Maintenance Capital Improvement Project for Fiscal Year 2023 ($322,000) (EU)
C-22 Appoint Alexander Avila to the Lodi Arts Commission and Post for Expiring Terms on the Lodi Senior Citizens Commission, the Site Plan and Architectural Review Committee, and the San Joaquin Council of Governments Citizens’ Advisory Committee (CLK)
C-23 Accept Monthly Protocol Account Report through September 30, 2022 (CLK)
Res. C-24 Adopt Resolution Approving City of Lodi Pay Schedule Dated October 19, 2022 (HR)
C-25 Receive Report Regarding Communication for the Proposition 68 Community & Economic Enhancement Planning Grant Proposal for the Delta Aquatic Center of Stockton (CLK)
C-26 Set Public Hearing for November 2, 2022 to Consider Adopting Resolution Setting San Joaquin County Multi-Species Habitat Conservation and Open Space Development Fees for 2023 (CD)
D. Comments by the Public on Non-Agenda Items
THE TIME ALLOWED PER NON -AGENDA ITEM FOR COMMENTS MADE BY THE PUBLIC IS LIMITED TO FIVE MINUTES.
Public comment may only be made on matters within the Lodi City Council's jurisdiction (Government Code Section 54954.3, Lodi City Council Protocol Manual Section 6.3l) . The Council cannot take action or deliberate on items that are not on this agenda unless there is an emergency and the need t o take action on th at emergency arose after this agenda was posted (Government Code Section 54954.2(b)(2)). All other items may only be referred for review to staff or placement on a future Council agenda.
If you wish to address the Council, please refer to the Notice at the beginning of this agenda. Individuals are limited to one appearance during this section of the Agenda.
E. Comments by the City Council Members on Non-Agenda Items
F. Comments by the City Manager on Non-Agenda Items
CITY COUNCIL AGENDA
OCTOBER 19, 2022
PAGE FOUR
G. Public Hearings
Ord. G-1 Public Hearing to Consider Recommendation of Planning Commission to Introduce and Waive First (Introduce) Reading of an Ordinance Amending Lodi Municipal Code Title 17– Development Code – Article 3, “Site Planning and General Development Standards,” Chapter 17.36, “Standards for Specific Land Uses,” by Adding Section 17.36.160, “Two Unit Urban Residential Development,” and Article 5, “Subdivisions,” by Adding Chapter 17.55, “Urban Lot Split,” and Repeal and Reenact Article 7, “Definitions,” to Add Definitions of “Acting in Concert With,” “Car Share,” “Tenant,” and “Two Unit Urban Residential Development” (CD)
H. Regular Calendar – None
I. Ordinances – None
J. Adjournment
Pursuant to Section 54954.2(a) of the Government Code of the State of California, this agenda was posted at least 72 hours in advance of the scheduled meeting at a public place freely accessible to the public 24 hours a day.
______________________________
Olivia Nashed
City Clerk
All staff reports or other written documentation relating to each item of business referred to on the agenda are on file in the Office of the City Clerk, located at 221 W. Pine Street, Lodi, and are available for public inspection. Agendas and staff reports are also posted on the City’s website at www.lodi.gov . If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation contact the City Clerk’s Office as soon as possible and at leas t 72 hours prior to the meeting date. Language interpreter requests must be received at least 72 hours in advance of the meeting to help ensure availability. Contact Olivia Nashed at (209) 333- 6702. Solicitudes de interpretación de idiomas deben ser recibi das por lo menos con 72 horas de anticipación a la reunión para ayudar a asegurar la disponibilidad. Llame a Olivia Nashed (209) 333-6702.
Meetings of the Lodi City Council are telecast on SJTV, Channel 26. The City of Lodi provides live and archived webcasts of regular City Council meetings. The webcasts can be found on the City's website at www.lodi.gov by clicking the meeting webcasts link.
Members of the public may view and listen to the open session of this teleconference meeting at www.facebook.com/CityofLodi/ or https://us06web.zoom.us/j/82522868353?pwd=cFh1S2VWUmZHR0pCbmZyTitHZ05kQT09.
AGENDA ITEM B-01
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Sikh Awareness Month Proclamation
M
EETING DATE: October 19, 2022
P
REPARED BY: City Clerk
RE
COMMENDED ACTION: Mayor Chandler will present a proclamation proclaiming the month of November 2022 as "Sikh Awareness Month" in the City of Lodi.
B
ACKGROUND INFORMATION: The Mayor has been requested to present a proclamation proclaiming the month of November 2022 as “Sikh Awareness Month” in the City of Lodi.
Co
uncil acknowledges the significant contributions made by Californians of Sikh heritage to our State, and seeks to afford all Californians the opportunity to better understand, recognize, and appreciate the rich history and shared principles of Sikh Americans; and further condemns all hate crimes and bias incidents against Sikh Americans and encourages all Sikhs to practice their faith freely and fearlessly.
FI
SCAL IMPACT: Not applicable.
F
UNDING AVAILABLE: Not applicable.
_
______________________________________
Olivia Nashed
City Clerk
AGENDA ITEM B-02
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Zombie Walk as Tom Presler Day Proclamation M
EETING DATE: October 19, 2022
P
REPARED BY: City Clerk
RE
COMMENDED ACTION: Mayor Chandler will present a proclamation proclaiming the Lodi Zombie Walk as Tom Presler Day in Lodi.
B
ACKGROUND INFORMATION: The Mayor has been requested to present a proclamation proclaiming the Lodi Zombie Walk event day to be named “Tom Presler Day” in Lodi.
T
om Presler founded the Zombie Club in 2010, basing it on four principles: peace, equality, independence, and community. Partnering with local businesses, he organized Lodi’s first zombie walk, taking place two nights before Halloween in Downtown Lodi. Mr. Presler’s vision was to celebrate the Lodi community and the independent and small businesses who make up the community and downtown and to encourage participants to shop local and support the local economy. The zombie walk allows people of all ages, ethnicities, genders, and backgrounds of all kinds to gather together, in messy clothes and makeup, just to walk elbow to elbow, down the street together, in one large crescendo of “this is our town.” FI
SCAL IMPACT: Not Applicable.
F
UNDING AVAILABLE: Not Applicable.
________________________________________
O livia Nashed
City Clerk
AGENDA ITEM C-01
COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Receive Register of Claims for September 16, 2022 through September 29, 2022 in the Total Amount of $9,568,458.32
MEETING DATE: October 19, 2022
PREPARED BY: Internal Services Director
RECOMMENDED ACTION: Receive the attached Register of Claims for $9,568,458.32.
BACKGROUND INFORMATION: Attached is the Register of Claims in the amount of $9,568,458.32 for September 16, 2022 through September 29, 2022. Also attached is Payroll in the amount of $2,127,860.87 through September 18, 2022.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: As per attached report.
_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
Fund Fund Title Amount
100 General Fund $1,584,546.18
103 Measure L $8,958.70
104 American Rescue Plan $39,200.00
120 Library Fund $10,477.45
140 Expendable Trust $19,632.88
200 Parks Rec & Cultural Services $38,267.26
205 State Grants $309,322.36
270 Comm Dev Special Rev Fund $17,052.01
301 Gas Tax-2105 2106 2107 $50,150.16
305 TDA - Streets $707.51
355 GRANTS COMM. IMPR $46,171.16
410 Library Capital Account $375.00
431 Capital Outlay/General Fund $120,900.60
432 Parks & Rec Capital $78,948.38
500 Electric Utility Fund $5,715,342.09
501 Utility Outlay Reserve Fund $303,765.94
504 Public Benefits Fund $23,446.47
508 Environmental Compliance $213,667.00
530 Waste Water Utility Fund $57,316.20
531 Waste Wtr Util-Capital Outlay $16,883.33
560 Water Utility Fund $50,614.58
561 Water Utility-Capital Outlay $416.67
590 Central Plume $7,350.00
600 Dial-a-Ride/Transportation $212,801.49
643 Vehicle replacement PD $42,904.77
645 Vehicle Replacement PW $44,438.49
650 Internal Service/Equip Maint $16,931.89
655 Employee Benefits $15,034.60
660 General Liabilities $515,577.78
665 Worker's Comp Insurance $1,949.65
801 L&L Dist Z1-Almond Estates $5,307.72
Total $9,568,458.32
AP Council Report Summary
9/16/2022-9/29/2022
City of Lodi Live v2020.3 10/3/2022 7:23:47 AM
Fund Description Amount
888,098.89
222,790.83
222,444.56
127,906.91
15.00 4,034.14
44,119.32
45,815.84
323,565.94
34,118.65
155,779.32
32,986.64
9,073.07
17,111.76
Report Total 2,127,860.87
560 Water Utility Fund
600 Dial-a-Ride/Transportation
650 Internal Service/Equip Maint
500 Electric Utility Fund
501 Utility Outlay Reserve Fund
530 Waste Water Utility Fund
214 LPD-OTS Grants
270 Comm Dev Special Rev Fund
301 Gas Tax-2105 2106 2107
120 Library Fund
200 Parks Rec & Cultural Services
206 Misc Grants
Council Report: Payroll
Pay Period: 9/18/2022
100 General Fund
103 Measure L
City of Lodi Live v2020.3 10/3/2022 7:25:05 AM
AGENDA ITEM C-02
COUNCIL COMMUNICATION
APPRO
VED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Approve Minutes
a) August 17, 2022 (Regular Meeting)
b) September 27, 2022 (Shirtsleeve Session)
c) September 27, 2022 (Special Meeting)
d) October 4, 2022 (Shirtsleeve Session)
e) Ctober 11, 2022 (Shirtsleeve Session)
MEET
ING DATE: October 19, 2022
PRE
PARED BY: City Clerk
RECO
MMENDED ACTION: Approve the following minutes as prepared:
a) August 17, 2022 (Regular Meeting)
b) September 27, 2022 (Shirtsleeve Session)
c) September 27, 2022 (Special Meeting)
d) October 4, 2022 (Shirtsleeve Session)
e) Ctober 11, 2022 (Shirtsleeve Session)
BA
CKGROUND INFORMATION: Attached is a copy of the subject minutes marked Exhibit A through E, respectively.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Not applicable.
_______________________________
Olivia Nashed
City Clerk
Attachments
LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, AUGUST 17, 2022
The City Council Closed Session meeting of August 17, 2022, was called to order by Mayor Chandler at 6:32 p.m.
Present: Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Absent: Council Member Khan
Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Nashed At 6:33 p.m., Mayor Chandler adjourned the meeting to a Closed Session to discuss the above matters. The Closed Session adjourned at 7:03 p.m.
At 7:07 p.m., Mayor Chandler reconvened the City Council meeting, and City Attorney Magdich disclosed the following actions.
Item C-2a) was discussion only, with no reportable action.
Item C-2b) was discussion only, with no reportable action.
Item C-2c) was discussion only, with no reportable action.
The Regular City Council meeting of August 17, 2022, was called to order by Mayor Chandler at 7:10 p.m.
C-1 Call to Order / Roll Call
C-2 Announcement of Closed Session
a) Conference with Adele Post, Human Resources Manager, and Andrew Keys, Depu ty City Manager (Labor Negotiators), Regarding Lodi City Mid-Management Association, AFSCME General Services and Maintenance & Operators, Lodi Professional Firefighters, Confidential General Services, Confidential Mid-Managers, Executive Managers, and Appointed Employees Pursuant to Government Code §54957.6 (CM) b) Pending Litigation: Government Code §54956.9(a). One Case. City of Lodi v. Sh ell Oil Company, et al., San Joaquin County Superior Court, Case No. STK-CV-UETT-2020- 9894; Judicial Council Coordination Proceeding 4435 – TCP Cases, San Bernardino County Superior Court, Case No. JCPSS4435/SCVSS12067 (CA) c) Pending Litigation: Government Code §54956 9.9(a). One case. Northern California Power Agency, City of Santa Clara, City of Redding, City of Roseville v United States of America, Unites States Court of Claims, Case No. 14-817C (CA)
C-3 Adjourn to Closed Session
C-4 Return to Open Session / Disclosure of Actio n
A. Call to Order / Roll Call
1 Exhibit A
Present: Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Absent: Council Member Khan
Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Nashed Council Member Nakanishi made a motion, second by Mayor Pro Tempore Hothi, to approve the following items hereinafter set forth, except those otherwise noted , in accordance with the
report and recommendation of the City Manager.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: None
Absent: Council Member Khan
Claims were approved in the amount of $23,772,578.71.
The minutes of August 2, 2022 (Shirtsleeve Session) were approved as written.
Adopted Resolution No. 2022-200 authorizing the City Manager to waive the bid process and approve the purchase of a Pipe-Hunter Hydro-Excavator Trailer from Municipal Maintenance Equipment, Inc., of Sacramento, utilizing the H-GAC contract, in the amount of $118,080.
Approved the specifications and authorized advertisement for bids for the Grape Stake Replacement Project - Phase 1.
Accepted the improvements under the contract for the 2022 Pavement Crack Seal Project.
B
. Presentations – None
C. Consent Calendar (Reading; Comments by the Public; Council Action) All matters listed on the consent calendar are considered to be routine and will be acted upon by one motion.
There will be no separate discussion of these items. If a member of the public would like a consent calendar item pulled and discussed separately, refer to the Notice at the beginning of this agenda.
C-1 Receive Register of Claims for July 15, 202 2 through July 28, 2022 in the Total Amount of $23,772,578.71 (FIN)
C-2 Approve Minutes (CLK)
C-3 Adopt Resolution Authorizing City Manager to Waive Bid Process and Approve Purchase of Pipe-Hunter, Hydro-Excavator Trailer from Municipal Maintenance Equipment, Inc., of Sacramento, Utilizing H-GAC Contract ($118,080) (PW)
C-4 Approve Specifications and Authorize Advertisement for Bids for Grape Stake Replacement Project – Phase 1 (PW)
C-5 Accept Improvements under Contract for 2022 Pavement Crack Seal Project (PW) C-6 Accept Improvements under Contract for 2021/2022 Pavement Resurfacing Project (PW) 2 This item was pulled by Council Member Nakanishi.
Discussion ensued between Council Member Nakanishi and Public Works Director Charlie Swimley regarding the yearly resurfacing projects, including the availability of funding and methods and index used to determine the priority of which streets to be resurfaced and when, and annual costs of pavement resurfacing.
Council Member Nakanishi made a motion, second by Mayor Pro Tempore Hothi, to accept Improvements under the contract for the 2021/2022 Pavement Resurfacing Project.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: None
Absent: Council Member Khan
Adopted Resolution No. 2022-201 ratifying expenses and authorizing the City Manager to execute a Professional Services Agreement with Woodard & Curran, Inc., of Walnut Creek, for Water Meter Phase 8 Installation and Main Replacement Project engineering services, in the amount of $26,000.
Adopted Resolution No. 2022-202 authorizing the City Manager to execute a Professional Services Agreement with Quest Media & Supplies, Inc., a California Corporation, for system support and maintenance plan of video surveillance program, in the amount of $95,000.
Adopted Resolution No. 2022-203 authorizing the City Manager to execute Amendment No. 1 to the Professional Services Agreement between City of Lodi and PlaceWorks, a Professional Consulting Firm, for environmental review services for the proposed Vineyard Valley Project.
Adopted Resolution No. 2022-204 authorizing the City Manager to execute Amendment No. 1 to the Cooperative Agreement with State of California for the proposed State Route 99/Turner Road interchange improvements.
C-7 Adopt Resolution Ratifying Expenses and Authorizing City Manager to Execute Professional Services Agreement with Woodard & Curran, Inc., of Walnut Creek, for Water Meter Phase 8 Installation and Main Replacement Project Engineering Services ($26,000) (PW)
C-8 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Quest Media & Supplies, Inc., a California Corporation, for System Support and Maintenance Plan of Video Surveillance Program ($95,000) (ISD) C-9 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional Services Agreement between City of Lodi and PlaceWorks, a Professional Consulting Firm, for Environmental Review Services for Proposed Vineyard Valley Project (CD) C-10 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Cooperative Agreement with State of California for Proposed State Route 99/Turner Road Interchange Improvements (PW)
C-11 Adopt Resolution Authorizing City Manager to Execute Addendum to Cooperative Agreement with San Joaquin Council of Governments for Funding Allocation for Garfield 3 Adopted Resolution No. 2022-205 authorizing the City Manager to execute an addendum to the Cooperative Agreement with San Joaquin Council of Governments for funding allocation for the Garfield Street Safe Route to School Project.
Made the following appointments:
Greater Lodi Area Youth Commission - Adult Advisor
Nancy St. Clair - Term to expire May 31, 2024
Library Board of Trustees
Brian Campbell - Term to expire June 30, 2025
Nick Dalebout - Term to expire June 30, 2025
Eve Melton - Term to expire June 30, 2023
Accepted the Notice of Draft Amendments to the Conflict of Interest Code for the 2022 calendar year pursuant to Government Code Section 87306.5.
This item was pulled by Mayor Chandler.
City Manager Schwabauer provided a report on the item.
Mayor Chandler made a motion, second by Mayor Pro Tempore Hothi, to adopt Resolution No. 2022-206 ratifying expenditure of $1.5 million from general operating reserves held at Northern California Power Agency for August 2022 power supply costs.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: None
Absent: Council Member Khan
Received a report regarding a communication opposing Senate Bill 932.
Set a public hearing for September 21, 2022 to receive comments on and consider accepting the City of Lodi's report on water quality relative to public health goals.
Street Safe Route to School Project (PW)
C-12 Appoint Nancy St. Clair as a Greater Lodi Area Youth Commission Adult Advisor; and Appoint Brian Campbell, Nick Dalebout, and Eve Melton to the Library Board of Trustees (CLK)
C-13 Accept the Notice of Draft Amendments to Conflict of Interest Code for the 2022 Calendar Year Pursuant to Government Code Section 87306.5 (CA)
C-14 Adopt Resolution Ratifying Expenditure of $1.5 Million from General Operating Reserves Held at Northern California Power Agency for August 2022 Power Supply Costs (EU) C-15 Receive Report Regard ing Communication Opposing Senate Bill 932 (CLK) C-16 Set Public Hearing for September 21, 2022 to Receive Comments on and Consider Accepting City of Lodi’s Report on Water Quality Relative to Public Health Goals (PW) 4 Michele Pitta provided a public comment regarding traffic calming measures, such as crosswalks and lights, to be placed around the Villa Fiori, Avalon, Mayfair community.
Felicia Hayes Byrd III provided a public comment regarding the homeless population, discourtesy experienced when visiting local businesses, and tree trimming needed around her property.
Durriya Syed provided a public comment regarding a State-sponsored insurance program available to members of the public.
Lisa Craig provided a public comment regarding prospective challenges for commercial properties when implementing SB 1383 green waste requirements.
City Manager Schwabauer responded to comments made regarding the City's efforts toward addressing homelessness; responded to Ms. Pitta stating that City staff will contact her to set up a meeting to discuss concerns expressed during public comments; explained regulations and the process through which speed limits are determined; stated that residents can call City staff regarding SB 1383 waste management questions and that the City is negotiating an additional position to assist with SB 1383 requirements; and organic service pick up by Waste Management will be on a weekly basis.
Council Member Nakanishi stated that speeding has been a constant concern of Lodi residents and thanked City Manager Schwabauer for looking into Ms. Pitta's concerns.
Council Member Nakanishi provided an update regarding the City of Lodi and Tree Lodi's efforts regarding the planting of trees.
Mayor Chandler provided an update regarding the Annual Dog Show that took place at the Grape Festival Grounds on October 12-14.
None.
City Manager Schwabauer provided a presentation regarding the old firehouse located at 114 North Main Street. Specific topics of discussion included history of the building, its current condition, possible assessment costs, and the Lodi Historical Society's desire to assist in restoration efforts of the building.
D. Comments by the Public on No
n-Agenda Items THE TIME ALLOWED PER NON-
AGENDA ITEM FOR COMMENTS MADE BY THE PUBLIC IS LIMITED TO FIVE MINUTES.
E. Comments by the City Council Members on No n-Agenda Items F. Comments by the City Manager on Non-Agenda Items
G. Public Hearings – None
H. Regular Calendar
H-1 Receive Direction from City Council on Dedi cating Staff Time Towards Initiating Surplus Lands Act Process for Old Firehouse Located on Real Property Located at 114 North Main Street in Lodi for Purpose of Lease or Purchase (CM)
5 Scott Hamilton provided public comment regarding the item.
Felicia Hayes Byrd III provided public comment regarding the item.
Lisa Craig provided public comment regarding the item.
Council discussion ensued regarding Council support of moving forward with researching cost estimates for the restoration of the old firehouse building. Council Member Nakanishi asked if this project has ever gone to bid and City Manager Schwabauer responded that it has not. Council Member Nakanishi stated that the City should never sell this property.
Mayor Pro Tempore Hothi made a motion, second by Council Member Nakanishi, to direct staff, with limited City Manager authority and staff time, to explore an engineering assessment for the old firehouse located at 114 North Main Street, Lodi.
VOTE
:
The above motion carried by the following vote:
Ayes: Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: None
Absent: Council Member Khan
City Manager Schwabauer provided a report regarding an ordinance for temporary payment plan provisions. Specific topics of discussion included direction received from City Council at the Public Hearing held on August 3, 2022 to modify utilities payment plan provisions within the Lodi Municipal Code. Deputy City Manager/Internal Services Director Andrew Keys provided additional information regarding the requirements of the second payment plan indicated in the provisions and the number of residents that have participated in the program so far.
Council Member Nakanishi made a motion, second by Mayor Pro Tempore Hothi, to introduce Ordinance No. 2004 repealing and reenacting Lodi Municipal Code Chapter 13.04, "Service Generally,"in its entirety, including adding Section 13.04.030(F), "Temporary Payment Plan Provisions," to provide repayment options for high balance delinquent utility accounts, and to adopt Resolution No. 2022-207 approving payment plans using criteria outlined in proposed Section 13.04.030(F) granted to customers by the Director of Finance from August 3, 2022 through the effective date of the proposed ordinance.
VOTE
:
The above motion carried by the following vote:
Ayes: Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: None
Absent: Council Member Khan
H-2 Introduce Ordinance Repealing and Reenacting Lodi Municipal Code Chapter 13.04, “Service Generally,”in its Entirety, Including Adding Section 13.04.030(F), “Temporary Payment Plan Provisions,” to Provide Repayment Options for High Balance Delinquent Utility Accounts, and Adopt Resolution Approving Payment Plans Using Criteria Outlined in Proposed Section 13.04.030(F) Granted to Customers by Director of Finance from August 3, 2022 through Effective Date of Proposed Ordinance (ISD) I. Ordinances – None
6 There being no further business to come before the City Council, the meeting was adjourned at 7:58 p.m., in memory of Jeremy Kuehne, the son of Council Member Kuehne, who passed away on August 14, 2022.
J. Adjournment
ATTEST:
Olivia Nashed
City Clerk
7 LODI CITY COUNCIL
SHIRTSLEEVE SESSION
CARNEGIE FORUM, 305 WEST PINE STREET
TUESDAY, SEPTEMBER 27, 2022
The September 27, 2022, Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was canceled.
ATTEST:
Olivia Nashed
City Clerk
1 Exhibit B
LODI CITY COUNCIL
SPECIAL CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
TUESDAY, SEPTEMBER 27, 2022
The Special City Council meeting of September 27, 2022, was called to order by Mayor Chandler at 7:02 a.m.
Present: Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Absent: Council Member Khan
Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Nashed Notice thereof having been published according to law, an affidavit of which publication is on file in the office of the City Clerk, Mayor Chandler called for the public hearing to consider adopting a resolution approving the 2021-22 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER).
Neighborhood Services Manager Jennifer Rhyne provided a presentation regarding the 2021-22 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER). Specific topics of discussion included required time frames for noticing and public review, the division of CDBG funds during FY 2021-22, and projects completed and supported by CDBG funds.
Discussion ensued between Council Member Nakanishi and Neighborhood Services Manager Rhyne regarding Brownfields that the Department of Housing and Urban Development does not require to report. City Manager Schwabauer provided a definition for the term "Brownfields." Further discussion ensued between Council Member Nakanishi, Mayor Chandler and Neighborhood Services Manager Rhyne regarding the difference between asset-based and need- based Community Development programs within neighborhoods and the breakdown of the CDBG administrative costs.
Mayor Chandler opened the public hearing for public comment.
There being no public comments, Mayor Chandler closed the public hearing.
Council Member Nakanishi made a motion, second by Mayor Pro Tempore Hothi, to adopt Resolution No. 2022-227 approving the 2021-22 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER).
VOTE
:
The above motion carried by the following vote:
Ayes: Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
A. Call to Order / Roll Call
B. Public Hearings
B-1 Public Hearing to Consider Adopting Resolution Approving 202 1-22 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER) (CD)
1 Exhibit C
Noes: None
Absent: Council Member Khan
None.
None.
Note.
There being no further business to come before the City Council, the meeting was adjourned at 7:12 a.m.
C. Comments by the Public on No
n-Agenda Items THE TIME ALLOWED PER NON-
AGENDA ITEM FOR COMMENTS MADE BY THE PUBLIC IS LIMITED TO FIVE MINUTES.
D. Comments by the City Council Members on No n-Agenda Items E. Comments by the City Manager on No n-Agenda Items
F. Adjournment
ATTEST:
Olivia Nashed
City Clerk
2 LODI CITY COUNCIL
SHIRTSLEEVE SESSION
CARNEGIE FORUM, 305 WEST PINE STREET
TUESDAY, OCTOBER 4, 2022
The October 4, 2022, Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was canceled.
ATTEST:
Olivia Nashed
City Clerk
1 Exhibit D
LODI CITY COUNCIL
SHIRTSLEEVE SESSION
CARNEGIE FORUM, 305 WEST PINE STREET
TUESDAY, OCTOBER 11, 2022
The October 11, 2022, Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was canceled.
ATTEST:
Olivia Nashed
City Clerk
1 Exhibit E
AGENDA ITEM C-03
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Fourth Quarter Fiscal Year 2021/22 Water, Wastewater and Electric Utility Department Financial Reports
MEE
TING DATE: October 19, 2022
PR
EPARED BY: Deputy City Manager
RE
COMMENDED ACTION: Receive utility financial reports for the fourth quarter of Fiscal Year 2021/22.
BA
CKGROUND INFORMATION: In accordance with the Lodi Municipal Code, quarterly financial reports are to be prepared for the Water, Wastewater, and Electric Utilities.
Q
uarterly update presentations have been included in this report and a highlight of activities and progress is outlined below for each utility.
E
lectric Utility Financial Highlights
• R
EVENUE is stable and ended the fiscal year at 101 percent of budget. Sales revenue was 101 percent of budget as energy sales exceeded estimates across all sectors.
O
verall, energy sales were 1.3 percent higher than expected. In addition, the utility received appr
oximately $1 million in California Arrearage Payment Program (CAPP) funds from the State to pay down past due energy bills accumulated during the COVID pandemic. Other revenue ended the year at 106 percent of budget due to payments received from others as a result of work performed by the utility in support of new development and expansions, reimbursement of funds from the American Rescue Plan Act to the utility for energy bill credits issued to customers during t he
CO
VID pandemic, and increased auction proceeds from the consignment of freely allocated Greenhouse G
as allowances.
• EXPENSES ended the year at 93 percent of budget.
Non-power operating expenses ended the year at 90 percent of budget. Power supply costs ended the year at close to 100 percent of budget. Capital outlay expenses ended the year at 65 percent of budget. Unspent funds which will roll to Fiscal Year 2023 are primarily associated with system upgrade projects started later in the year and delays associated with long lead times on materials and vehicles/equipment. • RESERVES as of June 30, 2022 totaled approximately $37.7 million. These reserves are used to fund pay-as- you-go capital improvement and system maintenance projects. • CAPITAL IMPROVEMENT PROJECTS includes approximately $25 million over 5 years for capital improvement efforts. The projects listed are included in the City’s current Capital Improvement Program included in t he
adopt
ed budget. The majority of capital improvement work in Fiscal Year 2022 focused on overhead system maintenance, system capacity upgrades, work to install infrastructure associated with new development and c
ompletion of the LEU facility renovation.
• 5-
YEAR FINANCIAL FORECAST indicates sufficient reserves through Fiscal Year 2024. However, based on a variety of assumptions, a CPI level rate adjustment of approximately 3 percent is projected in Fiscal Year 2025, followed by 2 percent in Fiscal Year 2026 in order to maintain Council approved reserve targets.
Wastewater Utility Highlights
• REVENUE is stable and ended the fiscal year at 107 percent of budget. Wastewater sales for the fiscal year ended above target at 104 percent of budget. • EXPENSES as a total ended the fiscal year well below the budget at 61 percent. Operating expenses for the fiscal year ended slightly above budget at 104 percent. Capital expenses for the fiscal year were below budget at 13 percent. Included in the capital budget is $2 million for the Main Replacement project 9 which was bid in fiscal year 2022 and awarded in fiscal year 2023. Also included in the budget is $1.2 million for the design of the White Slough electrical building, $1.1 million for the White Slough fan press, $1.2 million for storm drain trash handling, $996,000 for the White Slough aeration diffuser and $500,000 for White Slough Digester #3 all of which had minimal expense in the fiscal year.
• RESERVES as of June 30, 2022 totaled $20.71 million which is 309 percent of the 180 days cash target. These reserves are used to fund pay-as-you-go capital improvement projects planned over the next several fiscal years. • CAPITAL IMPROVEMENT PROJECTS include $36 million in planned projects over the next 5 years. The major projects include main replacement projects, construction of the electrical building, fan press replacement, aeration diffuser replacement, UV design and replacement and the storm drain trash handling systems to comply with state regulations. The projects listed are all in the fiscal year 20-25 Capital Improvement Program that was included in the adopted budget.
• 5-YEAR FINANCIAL FORECAST indicates a decline in reserves through fiscal year 2027.
Water Utility Highlights
• REVENUE is stable and ended the fiscal year at 102 percent of budget. Water sales are ended the fiscal year at 102 percent of budget. • EXPENSES are as a total ended the fiscal year well below the budget at 72 percent. Operating expenses are ended the fiscal year on budget at 101 percent. Capital expenses ended the fiscal year well below budget at 26 percent. Included in the capital budget is $1.1 million for the Water Meter Project multi-family phase and over $2.3 million in well rehab projects which have not been awarded.
• RESERVES as of June 30, 2022 totaled $9.6 million which is 180 percent of the 180 days cash target. These reserves are used to fund pay-as-you-go capital improvement projects. • CAPITAL IMPROVEMENT PROJECTS include $17 million in planned projects over the next five years. The major projects include water plant transmission line, membrane replacement and generator. The projects listed are all in the fiscal year 20-25 Capital Improvement Program that was included in the adopted budget • 5-YEAR FINANCIAL FORECAST indicates a slight decline in reserves through fiscal year 2025.
FISCAL IMPACT: There is no fiscal impact from the preparation of this report.
FUNDING AVAILABLE: Adequate funding is available in the Fiscal Year 2021/22 budget, as amended by Council action from time to time, for the items in this report. All data is presented as current as of the date(s) obtained from the City’s financial reporting system. Final year-end audited data will be provided in the City’s ACFR.
_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
Electric Utility Department
FY 22 Quarterly Update
(Ending June 30, 2022)
City Council Meeting
October 19, 2022
2 Electric Utility Fund
Cash Flow Summary
(June 30, 2022)
Budget Actual % of Budget
Revenue
Sales Revenues 77,697,910 78,437,313 101%
Development Impact Fees 596,910 426,580 71%
Other Revenues (interest, misc) 6,727,100 7,133,299 106% Total Revenues 85,021,920 87,036,947 101%
Expenses
Purchase Power 48,505,000 48,380,956 100% Non Power 16,755,760 15,013,839 90%
Capital Projects 12,639,952 8,213,466 65%
Debt Service 4,428,640 4,383,698 99%
Cost of Service 2,542,630 2,542,630 100%
In-lieu Transfer to General Fund 7,432,690 7,432,690 100% Total Expenses 92,304,672 85,967,279 93%
Beginning Cash Balance (7/1/21) 42,164,766
Ending Cash Balance (6/30/22) 37,741,126
Reserve Policy Target 24,906,890
% of Target 152%
3 Electric Utility Funds
Cash Balances
(June 30, 2022)
Operating Funds $ 21,779,359
Utility Outlay Reserve Fund $ 1,000,000
Low Carbon Fuel Standard Fund $ 839
Public Benefits Fund $ 5,373,265
Impact Fee Fund $ 1,131,149
Solar Surcharge Fund $ 331,164
Greenhouse Gas Fund $ 8,125,350
Total $ 37,741,126
Electric Utility Reserve Policy
(June 30, 2022)
4 Purpose Target Actual*
Operating Reserves $ 23,906,890 $ 36,741,126
Capital Reserve $ 1,000,000 $ 1,000,000
Total Target $ 24,906,890 $ 37,741,126
Cash balances
support City Council
approved reserve
requirements and
provide funds for pay
as you go Capital
Improvement
Projects.
*Includes cash held locally and at NCPA
Capital Improvement Project
5-Year Spending Plan
5 Project FY 21-22
Actual
FY 22-23
Budget*
FY 23-24
Forecast
FY 24-25
Forecast
FY 25-26
Forecast
Distribution Capacity Program $557,064 $542,936 $260,000 $0 $0 Underground / Overhead Maint $1,891,427 $1,332,000 $1,042,000 $542,000 $442,000 Streetlight Maintenance / Repair $42,483 $50,000 $50,000 $50,000 $50,000 LED Streetlight Improvements $33,564 $466,435 $250,000 $250,000 $0 230 kV Interconnection Project** $29,798 $153,612 $20,000 $25,000 $25,000 Substation Maint / Improvements $171,277 $1,525,296 $870,000 $870,000 $670,000 Building/Security Improvements $3,767,657 $353,984 $0 $0 $0 Work for Others $936,528 $550,000 $750,000 $750,000 $750,000 Vehicles & Equipment $783,668 $2,405,400 $1,010,000 $1,063,000 $170,000 Total Projects $8,213,466 $7,379,663 $4,252,000 $3,550,000 $2,107,000 *Includes approved FY 23 budget and estimated prior year rollover. **Includes planning and design costs only – construction costs estimated at ~$30M and will be debt financed Note: FY 23/24 and beyond currently under review by Engineering staff
5-Year Financial Forecast
Looking Ahead
6 FY 21-22
Actual
FY 22-23
Budget
FY 23-24
Forecast
FY 24-25
Forecast
FY 25-26
Forecast
Available Cash $37,741,126 $31,897,708 $30,502,218 $31,211,871 $33,978,911 Days Cash 177 129 123 123 132
Reserve Target $24,906,890 $26,850,330 $27,288,114 $27,769,822 $28,167,647 % of Target 152% 119% 112% 112% 121%
• Forecast assumes funding of all budgeted full-time positions in future years • FY 25 and FY 26 include CPI level rate adjustments of 3% and 2% respectively to meet Council approved reserve target
Power Sales
(June 30, 2022)
7 Power Sales (kWh)
Customer Class Budget Actual
Residential 162,893,827 164,488,219
Small Commercial 165,982,036 166,553,759
Large Commercial/Small Industrial 48,220,129 45,189,477 Industrial 67,396,337 74,307,869
Total 444,492,329 450,539,324
Revenue ($)
Customer Class Budget Actual Average Rate
Residential $ 31,900,710 $ 32,234,880 $ 0.1960 Small Commercial $ 29,079,090 $ 29,876,198 $ 0.1794 Large Commercial/Small Industrial $ 8,073,310 $ 7,344,012 $ 0.1625 Industrial $ 8,644,800 $ 8,982,223 $ 0.1209 Total $ 77,697,910 $ 78,437,313 $ 0.1741
ECA Revenue
(June 30, 2022)
8 Customer Class Total ($)
Residential $ 3,407,236
Small Commercial $ 3,375,715
Large Commercial / Small Industrial $ 898,642
Industrial $ 1,512,652
Total Revenue $ 9,194,245
9 Electric Utility Fund
Operating Results
(June 30, 2022)
Budget Actual % of Budget
Personnel $ 9,362,490 $ 10,054,564 107%
Supplies, Materials, Services $ 5,168,710 $ 3,820,942 74% Other Payments $ 2,137,360 $ 1,077,811 50% Utilities $ 87,200 $ 60,522 69% Total Operating Expenses $ 16,755,760 $ 15,013,839 90%
Power Supply Costs
(June 30, 2022)
10 Budget Actual % of Budget
Generation $ 34,291,580 $ 32,894,137 95.9%
Transmission $ 12,836,020 $ 13,844,055 107.9%
Management Services $ 1,377,400 $ 1,642,764 119.3% Total Power Supply Costs $ 48,505,000 $ 48,380,956 99.7%
Load Coverage
11 • LEU continues to meet or exceed Risk Management targets
12 Risk Oversight Committee (ROC)
Report Highlights
• 3 ROC meetings held April – June 2022
– Forward energy purchases approved for 2022 and 2023
– Approved Vintage 2021/2022 Renewable Energy Credit purchases – Discussed confidential Cap and Trade strategy and activities – Discussed confidential renewable energy procurement activities – Provided hydrological conditions update
– Provided update on FY 23 power supply costs
– Approved sale of Low Carbon Fuel Standard Credits
– Approved 2021 Power Source Disclosure Report
– Approved Application for Unsecured Credit to CAISO
– Approved 2021 Renewables Portfolio Standard (RPS) Report – Discussed RPS Compliance Period 3 Final Results
– Approved 2021 GHG Use of Allowance Proceeds Report
– Completed annual review of RPS Plan
13 Strategic Areas of Focus
Project Highlights
• Customer
– Approved rebates for purchase of new and used EVs
– Approved energy efficiency loan for equipment upgrade – Approved contract with ESG to continue administration of customer rebate and assistance programs
– Approved additional funding for Keep Your Cool Commercial Refrigeration Program
– Approved contract to automate and streamline application process for Low Income Rate Assistance Programs
• Technology
– Approved contract with PowerClerk to automate and streamline solar application process
– Facilitated presentation by NCPA to Council RE: Hydrogen Hub Project – Reviewed proposals and conducted interviews for Fleet Electrification Master Plan Project
14 Strategic Areas of Focus
Project Highlights (cont’d)
• Financial
– Received approval to submit Application for Unsecured Credit to CAISO to address required security associated with increased power supply costs – Submitted all required information as part of periodic rating review by S&P Global Ratings
• Reliability
– Participated in summer readiness training and workshops – Continued substation modernization initiative planning – Continued system protection coordination update project – Continued #6 copper replacement work on overhead system • Workforce Planning
– New Hire - Senior Administrative Clerk
– New Hire - Lineman
– Promotion of P/T Meter Reader to F/T Field Services Representative – Promotion of Lineman to Troubleshooter
– Promotion of Electric Distribution Operator I to Operator II
1 Public Works Department
Water/Wastewater
FY 22 Quarterly Update
(Ending June 30, 2022)
2 Wastewater Fund
Cash Flow Summary
(Ending June 30, 2022)
Budget Actuals % of Budget
Revenue
Sales 16,399,030 17,024,462 104%
Development Impact Mitigation Fees 1,618,970 1,996,719 123% Other (interest, septic, misc.) 427,630 717,135 168%
Total Revenues 18,445,630 19,738,316 107%
Expenses
Operating 8,826,870 9,143,562 104%
Capital 11,456,708 1,497,036 13%
Debt Service 3,346,260 3,338,608 100%
Cost of Services Payment To General Fund 1,130,720 1,130,720 100% Total Expenses 24,760,558 15,109,926 61%
Beginning Cash (Operations Only) 17,488,631
Ending Cash (Operations Only) 20,711,932
Days Cash (Excluding Capital) 555
% of Target – 180 Days Cash on Hand 309%
3 Wastewater
Operating Results
(Ending June 30, 2022)
Budget Actuals % of Budget
Personnel $ 4,438,920 4,844,368$ 109% Supplies, Materials, Services $ 2,793,660 2,480,705$ 89% Equipment, Land, Structures $ 300,000 135,082$ 45% Other Payments $ 435,000 724,605$ 167% Utilities $ 830,900 931,303$ 112% Work for Others $ 28,390 27,500$ 97% Total Operating Expenses $ 8,826,870 $ 9,143,562 104%
4 Operating (530) 20,711,932
Utility Capital / Infrastructure Replacement (531) 4,985,295 Capital Reserve (532) (Fund used to pay White Slough COP Debt Service) (3,190,320) Wastewater IMF (533) 4,923,319
Rate Stabilization Reserve (534) 500,000
Storm Drain IMF (535) 2,463,937
Total 30,394,163
Wastewater Funds
Cash Balances
(Ending June 30, 2022)
Amounts above
reserve target are
held for scheduled
capital maintenance
5-Year Financial Forecast
5 FY 21-22
Actual
FY 22-23
Forecast
FY 23-24
Forecast
FY 24-25
Forecast
FY 25-26
Forecast
FY 26-27
Forecast
Available Cash $20,711,932 $12,017,701 $4,699,000 $5,248,500 $5,779,100 $1,427,300 Days Cash
(180 day target)
540 319 122 150 137 33
Minimum
Reserve Target
(25%)
$3,499,681 $3,441,000 $3,518,500 $3,198,500 $3,809,500 $3,895,500 Reserve Target
(50%)
$6,999,362 $6,882,000 $7,037,000 $6,397,000 7,619,000 7,791,000 % of Days Cash
Target
300% 177% 68% 83% 76% 19%
Wastewater
Planned Capital Projects
6 FY 21-22 FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Storm Drain Trash Handling 281,766 350,000 350,000 350,000 750,000
MUS PW Admin Building Remodel 107,252
MUS PW Admin Building Roof 80,000
Misc. System Relocations 35,000 35,000 35,000 35,000 35,000 Misc. Wastewater Taps 40,000 40,000 40,000 40,000 40,000 Main Replacement Project 4,395 1,995,605 1,000,000
Sewer Lift Station Wet Well Rehab 250,000
Kofu Storm Water Pump Rehab 200,000
Salas Storm Water Pump Rehab 200,000
Henry Glaves Storm Water Pump Rehab 200,000
Peterson Storm Water Pump Rehab 200,000
Laurel Storm Relocation 95,343
Cluff Storm Water Pump Rehab 200,000
Beckman Storm Water Pump Rehab 200,000
Project Planning/Misc. Projects 44,073 125,000 125,000 25,000 25.000 25,000 Vehicles/Equipment 41,786 650,000 75,000 75,000 75,000 75,000 Irrigation Improvements 750,000 1,000,000
Digester #3 Mixing Imprv. 500,000 1,000,000
Digester #4 Lib Rehab 100,000
White Slough Office Roof 416,084
Plant Maintenance Improvements 110,000 100,000 75,000 100,000 60,000 Compliance Studies and Reports 200,000 200,000 200,000 200,000 200,000 Dredge Pond 1 and EQ Pond 1 200,000
Fan Press Replacement 178,208 3,321,792
Aeration Difusser Replacement 7,860 2,992,140
Primary Treatment Rehab 500,000
NCPA Maintenance Generator 150,000 150,000 150,000 150,000 150,000 Pump & Equipment Upgrades 203,743
Lower Sacramento Road Public Improvements 10,879
Electrical Upgrades/SCADA Construction 105,647 3,000,000 8,000,000 2,500,000 UV Design/Replacement 450,000 2,000,000
Totals $1,497,036 $14,069,537$10,355,000 $4,900,000 $1,625,000 $5,535,000 7 Water Fund
Cash Flow Summary
(Ending June 30, 2022)
Budget Actuals % of Budget
Revenue
Sales 13,338,910 13,618,433 102%
Development Impact Mitigation Fees 1,113,050 1,198,960 108% Other (interest, tap fees, water meters, misc.) 605,600 604,463 100% Total Revenues 15,057,560 15,421,856 102%
Expenses
Operating 7,918,990 7.977,599 101%
Capital 6,670,473 1,709,811 26%
Debt Service 1,927,250 1,910,050 99%
Cost of Services Payment To General Fund 959,910 959,910 100% Total Expenses 17,476,623 12,557,370 72%
Beginning Cash (Operations Only) 12,441,032
Ending Cash (Operations Only) 9,614,372
Days Cash (Excluding Capital) 324
% of Target – 180 Days Cash on Hand 180%
8 Water
Operating Results
(Ending June 30, 2022)
Budget Actuals % of Budget
Personnel $ 3,295,870 3,121,407$ 95% Supplies, Materials, Services $ 1,700,760 1,553,917$ 91% Equipment, Land, Structures $ 105,000 13,448$ 13% Other Payments $ 1,718,710 2,036,404$ 118% Utilities $ 989,800 1,252,424$ 127% Work for Others $ 108,850 -$ 0% Total Operating Expenses $ 7,918,990 $ 7,977,599 101%
9 Water Funds
Cash Balances
(Ending June 30, 2022)
Operating (560) 9,614,372
Utility Capital / Infrastructure Replacement (561) 1,650,128 IMF (562) 5,432,236
PCE/TCE Settlements 8,015,484
PCE/TCE Rates (565) 3,765,892
Total 28,441,916
Amounts above
reserve target are
held for scheduled
capital maintenance
5-Year Financial Forecast
10 FY 21-22
Budget
FY 22-23
Forecast
FY 23-24
Forecast
FY 24-25
Forecast
FY 25-26
Forecast
FY 26-27
Forecast
Available Cash $9,614,372 $11,080,899 $11,628,650 $10,135,450 $9,048,350 $10,541,750 Days Cash
(180 day target)
324 377 386 328 286 325
Minimum
Reserve Target
(25%)
$2,626,500 $2,681,000 $3,067,325 $2,816,500 $2,887,500 $2,961,500 Reserve Target
(50%)
$5,253,000 $5,362,000 $6,134,650 $5,633,000 $5,775,000 $5,923,000 % of Days Cash
Target
180% 210% 215% 182% 159% 180%
Water
Planned Capital Projects
11 FY 21-22 FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Water Meter Program 128,138 1,500,000 1,500,000
MUS PW Admin Building Remodel 107,252
MUS PW Admin Building Roof 80,000
Water Taps 75,000 75,000 75,000 75,000 75,000
Misc. Water Mains 50,000 50,000 250,000 250,000 500,000 Water Meter Replacement Program 75,000 75,000 75,000 75,000 150,000 GAC Replacement 300,000 300,000 300,000 300,000 300,000 Meter Shop Design/Construction (6,915) 275,865
Water Plant Generator 1,000,000
Surface Water Treatment Plant Membrane Repl. 2,500,000
Surface Water Treatment Plant Transmission Line 500,000 1,500,000 2020 Well Rehab 530,897
Water Well Rehab 400,000 400,000 400,000 400,000 400,000 Well 5 Pump Rehab 200,000
Well 6R GAC 94,432
Well 7 Pump Rehab 96,781
Well 9 Pump Rehab 200,000
Well 14 Pump Rehab 170,000
Well 16 Pump Rehab 165,000
Well 16 GAC
Well 17 Pump Rehab 250,000
Well 18 Pump Rehab 200,000
Well 21 Pump Rehab 200,000
Well 22 Pump Rehab 250,000
Well 23 Pump Rehab 250,000
Well 25 Pump Rehab 250,000
Well 3R Pump Rehab
Well 15 Pump Rehab 250,000
Well 28 GAC Treatment 689,405
Project Planning 29,172 25,000 25,000 25,000 25,000 25,000 Vehicles/Equipment 40,649 50,000 50,000 100,000 100,000 100,000 Totals $1,709,811 $4,285,865 $2,805,000 $4,425,000 $3,925,000 $1,750,000 AGENDA ITEM C-04
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Authorizing a Vehicle Replacement Purchase from Chase Chevrolet of Stockton, CA, Emergency Equipment and Installation from Stommel Inc. dba. LEHR of Sacramento, CA and Appropriate Funds ($30,827)
M
EETING DATE: October 19, 2022
P
REPARED BY: Chief of Police
RE
COMMENDED ACTION: Adopt resolution authorizing a vehicle replacement purchase from Chase Chevrolet of Stockton, CA , emergency equipment and i nstallation from Stommel Inc. dba. LEHR of Sacramento, CA, and appropriate funds in the amount of $30,827.
B
ACKGROUND INFORMATION: One of the Police Department’s unmarked vehicles, a 2012 Ford F-150 (05- 073) w
as involved in an on- duty vehicle collision . The Ford F -150 was considered a total loss.
S
taff requests the authorization to replace the totaled 2012 Ford F-150 with a 2022 Chevy Malibu LS Vehicle from Chase Chevrolet of Stockton, California in the amount of $24,811.71, plus an additional $6,014.56 for purchase and transfer of emergency and electronic equipment through Lehr Auto, for a total cost of $30,826.27.
F
ISCAL IMPACT: Appropriate funds in the Vehicle Replacement Fund in the amount of $30,827. There is no impact to the General Fund from this vehicle purchase.
F
UNDING AVAILABLE: Vehicle Replacement Fund ($30,827) – 64399100.77040 _______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
________________________________________
S ierra Brucia
Chief of Police
RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING A VEHICLE REPLACEMENT PURCHASE FROM CHASE CHEVROLET, OF STOCKTON;
PURCHASE AND INSTALLATION OF EMERGENCY EQUIPMENT FROM
STOMMEL, INC., DBA LEHR, OF SACRAMENTO; AND FURTHER
APPROPRIATING FUNDS
========================================================================
WHEREAS, one of the Police Department’s unmarked vehicles, a 2012 Ford F-150 (05- 073) was involved in an on- duty vehicle collision and t he F-150 truck was considered a t otal loss; and
WHEREAS, the Lodi Police Department requests authorization to replace the t otaled 2012 Ford F- 150 with a 2022 Chevy Malibu sedan from Chase Chevrolet, of Stockton, in the amount of $24,811.71; and
WHEREAS, the Lodi Police Department requests the purchase and installation of emergency and electronic equipment through Lehr, of Sacramento, in the amount of $6,014.56.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby authorize the purchase of a 2022 Chevy Malibu sedan from Chase Chevrolet, of Stockton, California , in the amount of $24,811.71, plus an additional $6,014.56 for purchase and transfer of emergency and electronic equipment through Lehr, of Sacramento, California, for a total cost of $30,826.27; and
BE IT FURTHER RESOLVED that funds are hereby appropriated as follows:
Vehicle Replacement Fund ($30,827) – 64399100.77040
Date: October 19, 2022
========================================================================
I hereby certify that Resolution No. 2022-____ was passed and adopted by the Lodi City Council in a regular meeting held October 19, 2022, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-____
AGENDA ITEM C-05
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Ratifying the City Managers Approval of Four Patrol Vehicle Replacements from Folsom Lake Ford of Folsom, CA and Emergency Equipment and Installation from Stommel Inc. dba. LEHR of Sacramento, CA ($307,909) M
EETING DATE: October 19, 2022
P
REPARED BY: Chief of Police
RE
COMMENDED ACTION: Adopt resolution ratifying the City Manager’s approval of four patrol vehicle replacements from Folsom Lake Ford of Folsom, CA , and emergency equipment and installation from Stommel Inc. dba. LEHR of Sacr amento, CA in the amount of $307,909.
B
ACKGROUND INFORMATION: The Lodi Police Department was allotted the purchase of four Ford Police Interceptor Utility Vehicles through the normal fiscal year 2022/23 budgeting process. This year the California contract pricing was updated, and Folsom Lake Ford received the contract back on September 7, 2022. The Ford dealership provided the Police Department with a price quote the same day and informed the department that Ford announced they were refusing orders for the rest of the year on September 9, 2022. Vehicles are already taking months to receive; our latest order took seven months, and past vehicles took over a year to get to the dealer. This does not include the months they are positioned at Lehr to get emergency equipment installed. For these reasons, the City Manager approved the purchase of the vehicles before they could be scheduled for council approval.
Purchase order numbers 2230082, 2230078, 2230077, and 2230076 were created to secure our order.
S
taff requests the authorization to replace four Ford Interceptors with 2023 Ford Police Interceptor utility vehicles from Folsom Lake Ford, a State of California contract dealer for government vehicles, in the amount of $58,345.76 each, plus an additional $18,631.34 for purchase and transfer of emergency and electronic equipment through Lehr Auto, for a $307,908.40 total cost.
F
ISCAL IMPACT: There is no impact to the General Fund from this vehicle purchase.
F
UNDING AVAILABLE: Vehicle Replacement Fund $307,909 (64399100.77040 - Expense) _______________________________________
_____________________________________
Andrew Keys Sierra Brucia
Deputy City Manager/Internal Services Director Chief of Police
RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL RATIFYING THE
CITY MANAGER’S APPROVAL OF FOUR PATROL VEHICLE
REPLACEMENTS FROM FOLSOM LAKE FORD, OF FOLSOM, AND
EMERGENCY EQUIPMENT AND INSTALLATION FROM STOMMEL, INC.,
DBA LEHR, OF SACRAMENTO
========================================================================
WHEREAS, the Lodi Police Department was allotted the purchase of four Ford Police Interceptor Utility Vehicles through the normal Fiscal Year 2022/23 budgeting process; and
WHEREAS, the Ford dealership provided the Police Department with a price quote the same day and informed the department that Ford announced they were refusing orders for the rest of the year on September 9, 2022; and
WHEREAS, the City Manager approved the purc hase of the vehicles before they could be scheduled for Council approval; and
WHEREAS, staff requests the authorization to replace four Ford Interceptors with 2023 Ford Police Interceptor utility vehicles from Folsom Lake Ford, a State of California contr act dealer for government vehicles, in the amount of $58,345.76 each, plus an additional $18,631.34 for purchase and transfer of emergency and electronic equipment through Lehr, for a $307,908.40 total cost.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby ratify the City Manager’s approval of the purchase of four 2023 Ford Police Interceptor utility vehicles from Folsom Lake Ford, of Folsom Lake, California, a State of California contract dealer for government vehicles, in the amount of $58,345.76 each, plus an additional $18,631.34 for purchase and transfer of emergency and electronic equipment through Lehr , of Sacramento, California, for a $307,908.40 total cost.
Date: October 19, 2022
========================================================================
I hereby certify that Resolution No. 2022-____ was passed and adopted by the Lodi City Council in a regular meeting held October 19, 2022, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-____
AGENDA ITEM C-06
COUNCIL COMMUNICATION
APPROVED: _________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\PARKS\Blakely Park\Enze Pool\CPSA.doc 9/30/2022 AGENDA TITLE: Approve Plans and Specifications and Authorize Advertisement for Bids for Blakely Park - Enze Pool Shallow End Adjustment
MEETING DATE: October 19, 2022
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Approve plans and specifications and authorize advertisement for bids for Blakely Park - Enze Pool Shallow End Adjustment.
BACKGROUND INFORMATION: After Council discussion and direction on September 17, 1989, the northern pool at Blakely Park (the Enze Pool) was originally constructed with a shallow end depth of four (4) feet, consistent for use as a Special Use Pool. Allowable uses for Special Purpose Pools include instruction, diving, competition or medical treatment.
R
ecreational use is not currently allowed at Enze Pool as the shallow end depth exceeds the three foot-six inch (3’6”) maximum depth as stipulated by the California Building Code. This project proposes to raise one- third of the existing 75- foot long swimming pool floor by six (6) inches to facilitate public recreational swim activities at Enze Pool.
This project includes raising the shallow end pool depth to meet the public swimming pool code requirements for recreational use and other required incidental work; raising two (2) main drain covers, replacing the pool plaster finish, replacing the pool depth markers, and replacing the lane line tiles.
The plans and specifications are on file in the Public Works Department. The planned bid opening date is November 16, 2022. The total project estimate is $219,000.
FISCAL IMPACT: This project will improve the facility programming for public use with minimal long-term fiscal impact. This project will not impact the General Fund.
FUNDING AVAILABLE: P er Capita Grant Funds - $219,679
______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
_______________________________
Charles E. Swimley, Jr.
Public Works Director
Prepared by Jimi Billigmeier, Associate Civil Engineer
CES/JB/cd
cc: PRCS Director
AGENDA ITEM C-07
COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
\\pwadc02\msc$\GROUP\ADMIN\Council\2022\10192022\Solids Handling Plans and Specs\CC White Slough WPCF Solids Handling.doc 10/5/2022 AGENDA TITLE: Approve Plans and Specifications and Authorize Advertisement for Bids for Solids Handling Facility Improvements at White Slough Water Pollution Control Facility MEETING DATE: October 19, 2022
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Approve plans and specifications and authorize advertisement for bids for Solids Handling Facility Improvements at White Slough Water Pollution Control Facility.
BACKGROUND INFORMATION: On April 15, 2020, Council authorized the City Manager to execute a Professional Services Agreement with Carollo Engineers, Inc. to provide assistance with the procurement and installation of a new sludge dewatering press, and digester mixing system improvements at the White Slough Water Pollution Control Facility (WSWPCF).
In certain conditions, the performance of the existing sludge dewatering equipment at WSWPCF cannot remove the amount of moisture needed to properly handle the material. Based on recommendations from Carollo Engineers, Inc., the City has decided to install a new screw press to improve the sludge dewatering process; and install a new sludge mixing system in Digester No. 3 needed to improve the sludge stabilization process.
This project, if approved will facilitate the procurement and installation of one sludge dewatering press and ancillary equipment; and a sludge mixing system to be installed in Digester No. 3.
The specifications are on file in the Public Works Department. The planned bid opening date is December 7, 2022. The project estimate is $2,500,000.
FISCAL IMPACT: This project is necessary to maintain wastewater treatment compliance and to avoid potential fines and penalties from the State. This does not impact the General Fund.
FUNDING AVAILABLE: Funding will be identified at project award. ________________________________________
C harles E. Swimley, Jr.
Public Works Director
Prepared by Lance Roberts, Utility Manager
CES/LR/tw
Attachment
AGENDA ITEM C-08
COUNCIL COMMUNICATION
APPR
OVED: _________________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\STREETS\Grape Stake Replacement\CAward.doc 9/29/2022 AGENDA TITLE: Adopt Resolution Awarding Contract for Grape Stake Replacement Project – Phase 1, to Superior Industry Builders, of Merced ($218,221); Authorizing City Manager to Execute Change Orders ($20,000); and Appropriating Funds ($38,221) M
EETING DATE: October 19, 2022
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution awarding contract for Grape Stake Replacement Project – Phase 1, to Superior Industry Builders, of Merced, in the amount of $218,221; authorizing City Manager to execute Change Orders in an amount not-to-exceed $20,000; and appropriating funds in the amount of $38,221.
BACKGROUND INFORMATION: From the 1970’s through the 1990’s there were various subdivisions that constructed approximately 3 miles of grape stake fences along major roadways. These fences were typically constructed to comply with Specific Plans that had been previously adopted by Council and are the City’s long-term maintenance responsibility.
T
his project, consisting of approximately one mile of fencing, will be the first phase in replacing the older stakes (that are broken, stained and/or faded) with new ones. On August 17, 2022 Council approved the specifications and authorized the advertisement for bids for this project (see attached Exhibit A for locations).
The bid opening date was Wednesday, September 7, 2022. No bids were received for the project. Staff spoke with a few of the perspective bidders after the due date to determine why they did not bid. They believed that there would be a high number of bidders and did not feel that their bid was likely to be the lowest.
S
ection 20166 of the California Public Contract Code states that, “If no bids are received, the legislative body may have the project done without further complying with this chapter.” A
fter being notified that no bids were received, staff informed perspective bidders that the City would still be receiving bids (by email) for anyone interested in the contract. Staff received one bid as follows:
B
idder Location Bid Above/(Below)
Estimate
Engineer’s Estimate $ 260,000.00
Superior Industry Builders Merced $ 218,221.00 $ (31,779.00) S
uperior Industry Builders has held five different contracts with the City of Lodi in the past three years. All contracts were successfully completed without incident. Additionally, their bid was 16% below the project estimate.
Adopt Resolution Awarding Contract for Grape Stake Replacement Project – Phase 1, to Superior Industry Builders, of Lodi ($218,221); Authorizing City Manager to Execute Change Orders ($20,000); and Appropriating Funds ($38,221) October 19, 2022
Staff recommends adopting a resolution awarding contract for Grape Stake Replacement Project – Phase 1, to Superior Industry Builders, of Merced, in the amount of $218,221; authorizing City Manager to execute Change Orders in an amount not-to-exceed $20,000; and appropriating funds in the amount of $38,221.
FISCAL IMPACT: The project will reduce staff time and ongoing maintenance costs associated with these failing fence sections. Based on the lifespan of the original fence installations, the new grape stake fences will last between 20 and 30 years.
FUNDING AVAILABLE: Fiscal Year 2022/23 Budget:
Street Fund (30099000.77020): $ 50,000
General Fund Capital (43199000.77020): $ 150,000
Requested Appropriation
Street Fund (30099000.77020) $ 38,221
Total: $ 238,221
_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
_______________________________
Charles E. Swimley, Jr.
Public Works Director
Prepared by Sean Nathan, Senior Civil Engineer
CES/SN/cd
Attachments
Hutchins St.
Church St.
Century Blvd.
Harney Ln.
Kettleman Ln.
Ham
Ln.
µ
0 1,000500
Feet
Exhibit A
Grape Stake Replacement
Phase 1
Legend
Phase 1 Location
#41
District Nos:Citywide Project Length7/20-6/23 Priority Normal Section II
Expenditure Prior Years FY 21/22
Estimate
FY 22/23
Budget
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 Future Yrs Total Contracts 50,000 $ 150,000$ 37,221$ N/A 237,221$ Internal Staff - $ 1,000 $ N/A 1,000$ -$ N/A -$
-$ N/A -$
Total Capital Costs 50,000 $ 150,000$ 38,221$ - $ - $ - $ N/A 238,221 $ Section III
Funding Source(s) Prior Years FY 21/22
Estimate
FY 22/23
Budget
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 Future Yrs Total 300 - Street Fund 50,000 $ 38,221 $ N/A 88,221$ 431 - Capital Outlay/General Fund -$ 150,000$ N/A 150,000$ -$ N/A -$
-$ N/A -$
Total Project Financing 50,000$ 150,000$ 38,221$ - $ - $ - $ N/A 238,221 $ Funding Sources/Methods of Financing
Estimated Project Costs
Section I:Description
Capital Improvement Program - Maintenance
Public Works staff will be purchasing materials and will perform the repairs.
Additional Information
This is a public fence maintenance project.
Justification/factor driving project
This project is to repair damaged grapestake reverse frontage fence throughout Lodi.
Munis Project Code:
FY 2022-2023
Maintenance Project Title:Grapestake Fense Repair PWST-20004 RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL AWARDING THE CONTRACT FOR GRAPE STAKE REPLACEMENT PROJECT – PHASE 1 TO SUPERIOR INDUSTRY BUILDERS, OF MERCED; AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDERS; AND FURTHER APPROPRIATING FUNDS ========================================================================
WHEREAS, from the 1970’s through the 1990’s , there were various subdivisions that constructed approximately three miles of grape stake fences along major roadways, that were typically constructed to comply with Specific Plans that had been previously adopted by Council and are the City’s long-term maintenance responsibility; and
WHEREAS, on August 17, 2022, Council approved the specifications and authorized the advertisement for bids for this project; and
WHEREAS, the bid opening date was Wednesday, September 7, 2022, and no bids were received for the project; and
WHEREAS, Section 20166 of the California Public Contract Code states that, “If no bids are received, the legislative body may have the project done without further complying with this chapter”; and
WHEREAS, after being notified that no bids w ere received, staff informed prospective bidders that the City would still be receiving bids (by email) for anyone interested in the contract. Staff received one bid as follows:
Bidder Location Bid Above/(Below)
Estimate
Superior Industry Builders Merced $ 218,221 $ (31,779)
WHEREAS, staff recommends awarding the contract for Grape Stake Replacement Project – Phase 1 t o Superior Industry Builders, of Mer ced, in the amount of $218,221 and authorizing City Manager to execute Change Orders in an amount not to exceed $20,000; and
WHEREAS, staff further recommends appropriating funds in the amount of $38,221 to the Street Fund (30099000.77020).
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby award the contract for Grape Stake Replacement Project – Phase 1 to Superior Industry Builders, of Merced, California, in the amount of $218,221; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authoriz e the City Manager to execute the contract and Change Orders in an amount not to exceed $20,000; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby appropriate funds in the amount of $38,221 as set forth above; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019- 223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.
Dated: October 19, 2022
=======================================================================
I hereby certi fy that Resolution No. 2022-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 19, 2022 by the following votes:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-_____
AGENDA ITEM C-09
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\STREETS\TURNER\Turner_SR99 interchange improvements\CAward_Turner_99 Improvements 10_19 2022.docx 10/11/2022 AGENDA TITLE: Adopt Resolution Awarding Contract for State Route 99/Turner Road Interchange Project to O.C. Jones & Sons, Inc. , of Berkeley, California ($5,890,182.90); Authorize City Manager to Execute Change Orders ($900,000) ; Authorize City Manager to Execute All Funding Commitment Documents; and Appropriate Funds ($7,500,000) MEETING DATE: October 19, 2022
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt Resolution Awarding Contract for State Route 99/Turner Road Interchange Project to O.C. Jones & Sons, Inc., of Berkeley, California ($5,890,182.90); Authorize City Manager to Execute Change Orders ($900,000); Authorize City Manager to Execute All Funding Commitment Documents; and Appropriate Funds ($7,500,000).
BACKGROUND INFORMATION: Since 2018, San Joaquin Council of Governments (SJCOG), in partnership with California Department of Transportation (Caltrans), the City of Lodi, and the design consultant, Dewberry Engineers Inc. (Dewberry), have collaborated to prepare the necessary environmental clearance and design documents for constructing the State Route 99 (SR99)/Turner Road Interchange Improvements (Project). The contract between SJCOG and Dewberry has been expanded to provide the construction management services through Project completion.
T
he project improvements include the construction of a round-a-bout located near the southerly end of the southbound Turner Road freeway off-ramp, widening Cherokee Lane (currently a one-way southbound roadway segment) into a two-way facility between Pioneer Drive and Turner Road, including Class II bike lanes in both directions and sidewalk on the westerly side of the roadway. The project also includes lengthening the SR99/Turner Road Southbound on-ramp by 400 feet to provide longer acceleration distance to merge with mainline traffic (Exhibit A).
Specifications for this project were originally approved by Council on March 16, 2022. The project was advertised on September 1, 2022 and the City received the following seven bids on October 5, 2022:
B
idder Location Bid Above/(Below)
Estimate
Engineer’s Estimate: $ 7,400,000.00
O.C. Jones & Sons, Inc. Berkeley $ 5,890,182.90 $ ( 1,509,817.10) DeSilva Gates Construction Dublin $ 6,067,067.00 $ ( 1,332,933.00) George Reed Inc. Modesto $ 6,366,200.00 $ ( 1,033,800.00) Bay Cities Paving & Grading Inc. Concord $ 6,428,244.29 $ ( 971,755.71) A. Teichert & Son, Inc. Roseville $ 6,637,210.00 $ ( 762,790.00) Granite Rock Company San Jose $ 7,261,730.00 $ ( 138,270.00) Martin Brothers Construction Sacramento $ 7,997,709.75 $ 597,709.75 Adopt Resolution Awarding Contract for State Route 99/Turner Road Interchange Project to O.C. Jones & Sons, Inc., of Berkeley, California ($5,890,182.90); Authorize City Manager to Execute Change Orders ($900,000); Authorize City Manager to Execute All Funding Commitment Documents; and Appropriate Funds ($7,500,000) October 19, 2022
This project included a DBE participation goal of 21 percent. A review of the bid documents determined that the low bidder, O.C. Jones & Sons Inc., did in fact comply with all DBE requirements and qualifies for contract award. The total estimated project cost, including consultants and City staff time, is $7,500,000. Initial phases of work are anticipated to begin in early 2023.
On August 17, 2022, Council Authorized the Public Works Director to Execute Amendment No. 1 to the Cooperative Agreement with the State of California for the Interchange Improvements. This agreement established the reimbursement mechanism of those Federal funds allocated for construction. A cooperative agreement with SJCOG, and an additional agreement with the State of California remain necessary to establish the reimbursement of Measure K and SB1 funding that will be used to supplement the project costs.
Staff requests Council authorize the City Manager to execute the documents needed related to these funding commitments as part of this Council action.
Staff would like to recognize SJCOG, Caltrans and Dewberry staff for their hard work and commitment towards delivering this outstanding project for the City of Lodi. Without their collective effort, it could not have been possible.
FISCAL IMPACT: The Project will establish a beautiful entrance to the City from SR99; and result in minor additional landscape and roadway maintenance costs upon completion. The project does not impact the General Fund.
FUNDING AVAILABLE: Funding is available from a combination of Federal, State and Local sources as noted below:
Requested Appropriation:
Federal Transportation Improvement Program
(30799000.77020): $1,791,617
Measure K (30399000.77020) $1,200,000
Senate Bill 1 Gas Tax (31199000.77020): $4,508,383
TOTAL: $7,500,000
______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
________________________________________
Charles E. Swimley, Jr.
Public Works Director
CES/CES/cd
Project Title: CIP List Proj #
Section I: Description District Nos: 2 Project Length Priority Section II: Estimated Project Costs
Expenditure Prior Years FY 21/22
Estimate
FY 22/23
Budget
FY 23/24 FY 24/25 FY 25/26 FY 26/27 Future Yrs Total
Contracts - $ 7,415,000 $ 7,415,000$
Internal Staff - $ 65,000 $ 65,000$ Miscellaneous - $ 20,000 $ 20,000$ -$ -$
-$ -$
Total Capital Costs - $ - $ 7,500,000$ - $ - $ -$ -$ -$ 7,500,000$ Section III: Funding Sources/Methods of Financing
Funding Source(s) Prior Years FY 21/22
Estimate
FY 22/23
Budget
FY 23/24 FY 24/25 FY 25/26 FY 26/27 Future Yrs Total
307- Federal Streets -$ 1,791,617 $ 1,791,617$ 303 - Measure K Fund -$ 1,200,000 $ 1,200,000$ 311 - CALTRANS Imp. Program-$ 4,508,383 $ 4,508,383$ -$ -$
Total Project Financing -$ - $ 7,500,000$ - $ - $ -$ -$ -$ 7,500,000$ Capital Improvement Plan
FY 2022-2023
Additional Information
Justification/factor driving project
Interchange improvements at State Route 99 and Turner Road. Constructing a round-a-bout, widening of Cherokee Lane, bike lanes and sidewalk installation.
State Route 99/Turner Road InterchangeMunis Project Code:
RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL AWARDING THE CONTRACT FOR THE STATE ROUTE 99/TURNER ROAD INTERCHANGE PROJECT TO O.C. JONES & SONS, INC., OF BERKELEY; AUTHORIZING THE
CITY MANAGER TO EXECUTE CHANGE ORDERS; AUTHORIZING THE
CITY MANAGER TO EXECUTE ALL FUNDING COMMITMENT DOCUMENTS;
AND FURTHER APPROPRIATING FUNDS
========================================================================
WHEREAS, since 2018, San Joaquin Council of Governments (SJCOG), California Department of Trans portation (Caltrans), the City of Lodi, and the design consultant, Dewberry Engineers, Inc., (Dewberry) have collaborated to prepare the necessary environmental clearance and design documents for constructing the State Route 99 (SR99)/Turner Road Interchange Improvements (Project); and
WHEREAS, the contract between SJCOG and Dewberry has been expanded to provide the construction management services through Project completion; and
WHEREAS, the project improvements include the construction of a roundabout l ocated near the southerly end of the southbound Turner Road freeway off -ramp, and widening Cherokee Lane (currently a one- way southbound roadway segment) into a two- way facility between Pioneer Drive and Turner Road, including Class II bike lanes in both directions and sidewalk on the westerly side of the roadway; and
WHEREAS, t he project also includes lengthening the SR99/Turner Road s outhbound on-ramp by 400 feet to provide a longer acceleration distance to merge with mainline traffic ; and
WHEREAS, specifications for this project were approved by Council on March 16, 2022, the project was advertised on September 1, 2022, and the City received the following seven bids on October 5, 2022:
Bidder Location Bid Above/(Below)
Estimate
Engineer’s Estimate: $ 7,400,000.00
O.C. Jones & Sons, Inc. Berkeley $ 5,890,182.90 $ (1,509,817.10) DeSilva Gates Construction Dublin $ 6,067,067.00 $ (1,332,933.00) George Reed, Inc. Modesto $ 6,366,200.00 $ (1,033,800.00) Bay Cities Paving & Grading, Inc. Concord $ 6,428,244.29 $ ( 971,755.71) A. Teichert & Son, Inc. Roseville $ 6,637,210.00 $ ( 762,790.00) Granite Rock Company San Jose $ 7,261,730.00 $ ( 138,270.00) Martin Brothers Construction Sacramento $ 7,997,709.75 $ 597,709.75
WHEREAS, this project included a DBE participation goal of 21 percent. A review of the bid documents determined that the low bidder, O.C. Jones & Sons , Inc., did in fact comply with all DBE requirements and qualifies for contract award; and
WHEREAS, o n August 17, 2022, Council authorized the Public Works Director to execute Amendment No. 1 to the Cooperative Agreement with the State of California for the interchange i mprovements that established the reimbursement mechanism of those Federal funds allocated for construction; and
WHEREAS, a Cooperative Agreement with SJCOG and an additional agreement with the State of California remain necessary to establish the reimbursement of Measure K and SB1 funding that will be used to supplement the project costs; and
WHEREAS, staff recommends awarding the c ontract for the State Route 99/Turner Road Interchange Project to O.C. Jones & Sons, Inc., of Berkeley, in the amount of $5,890,182.90; and
WHEREAS, staff further recommends authorizing the City Manager to execute change orders in an amount not to exceed $900,000; and
WHEREAS, staff further recommends authorizing the City Manager to execute all funding commitment documents; and
WHEREAS, staff further recommends appropriating funds in the amount of $1,791,617 from the Federal Transportation Improvement Program (30799000.77020), $1,200,000 from the Measure K Fund (30399000.77020), and $4,508,383 from Senate Bill 1 Gas Tax (31199000.77020).
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby award the c ontract for the State Route 99/Turner Road Interchange Project to O.C. Jones & Sons, Inc., of Berkeley, California, in the amount of $5,890,182.90; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute the contract and change orders in an amount not to exceed $900,000; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute all funding commitment documents; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby appropriate funds in the amount of $1,791,617 as set forth above; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019- 223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.
Dated: October 19, 2022
=======================================================================
I hereby certi fy that Resolution No. 2022-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 19, 2022 by the following votes:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-_____
AGENDA ITEM C-10
COUNCIL COMMUNICATION
APPRO
VED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Authorizing the City Manager to Execute a Contract with San Joaquin County Sheriff’s Office Community Corps Services for General Labor within Parks and Recreation Facilities (up to $75,000 for three years)
MEET
ING DATE: October 19, 2022
PRE
PARED BY: Parks, Recreation and Cultural Services Director RECO
MMENDED ACTION: Adopt resolution authorizing the City Manager to execute a contract with San Joaquin County Sheriff’s Office Community Corps Services for general labor within Parks and Recreation facilities (up to $75,000 for three years).
BA
CKGROUND INFORMATION: The San Joaquin County Sheriff’s Department (Sheriff) Community Corps Services provides an inmate program for work release. Community Corps participants are low-risk inmates scheduled through the Sheriff’s central office. When a project is scheduled, participants are transported from the County facility directly to the work site. An Inmate Work Site Supervisor drives the bus to and from the County facility and provides work site supervision. The City does not provide transportation nor supervision of the Community Corps work program participants. Program rates include a Community Corps crew, supervisor, transportation to and from the work site, vehicles, tools, equipment and a garbage truck if necessary. San Joaquin County Sheriff’s Office shall provide liability insurance certificate(s) for Community Corps Services.
Par
ks, Recreation and Cultural Services desires to use Community Corps crews on an as-needed basis to help with weeding, fire hazards, clearing and grubbing at various parks including Grape Bowl, DeBenedetti and Lodi Lake Nature Area. Community Corps Services have been used in the past by PRCS and Public Works and services provided have proven to be efficient and highly cost effective.
Ant
icipated annual projects include:
Nat
ure Area – Creek Clearing & Trail Pruning (1 time per year) - $3,540 3 days / Crew and Equipment @ 620 per day
3 days / Garbage Truck @ 560 per day
Gr
ape Bowl – Side Hill Weed Growth Removal (1 time per year) - $3,540; $7,080 (for 2 times per year) 3 days / Crew and Equipment @ 620 per day
3 days / Garbage Truck @ 560 per day
Adopt Resolution Authorizing the City Manager to Execute a Contract with San Joaquin County Sheriff’s Office Community Corps Services for General Labor within Parks and Recreation Facilities (up to $75,000 for three years) October 19, 2022
DeBenedetti Park – Fire Break (1 time per year) - $2,360 2 days / Crew and Equipment @ 620 per day
2 days / Garbage Truck @ 560 per day
FISCAL IMPACT: The use of the Community Corps crews will result in an overall cost savings (~$18,000 - $20,000 annually), i.e. staff time, equipment and disposal of weeds, brush and tree trimmings.
FUNDING AVAILABLE: FY 22/23: ~$4,000 for Nature Area – Creek Clearing and Trail Pruning Parks Maintenance Misc. Contract Services Acct. #20072202.72499
_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
_______________________________________
Christina Jaromay
Parks, Recreation and Cultural Services Director
CJ/LJ:tl
cc: City Attorney
RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT WITH SAN JOAQUIN COUNTY SHERIFF’S OFFICE COMMUNITY CORPS SERVICES FOR GENERAL LABOR
WITHIN PARKS AND RECREATION FACILITIES
========================================================================
WHEREAS, the San Joaquin County Sheriff’s Office Community Corps Services provides an inmate program for work release whereby low-risk participants provide general labor services; and
WHEREAS, an Inmate Work Site Supervisor, crew, transportation to and from the work site, vehicles, tools, equipment , and a garbage truck , if necessary , can be provided at a reasonable cost; and
WHEREAS, San Joaquin County Sheriff’s Office shall provide liability insurance certificate(s) for Community Corps Services; and
WHEREAS, Parks, Recreation and Cultural Services desires to utilize the Community Corps Services on an as-needed basis to help with weeding, fire hazards, clearing, and grubbing at various parks, including Grape Bowl, DeBenedetti Park, and Lodi Lake Nature Area.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a three -year contract with San Joaquin County S heriff’s Office Community Corps Services, in an amount not to exceed $75,000; and
BE IT FURTHER RESOLVED pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.
Dated: October 19, 2022
========================================================================
I hereby certify that Resolution No. 2022-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 19, 2022, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-____
AGENDA ITEM C-11
COUNCIL COMMUNICATION
APPROVED: _________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\MISC\Electric Utility\EUD Remodel 2020\C Accept EUD Office Remodel.docx 9/30/2022 AGENDA TITLE: Accept Improvements Under Contract for Electric Utility Office Remodel Project MEETING DATE: October 19, 2022
PREPARED BY: Public Works Director and Electric Utility Director RECOMMENDED ACTION: Accept improvements under contract for Electric Utility Office Remodel Project.
BACKGROUND INFORMATION: The contract for the Electric Utility Office Remodel Project was awarded to Diede Construction, Inc., of Woodbridge, in the amount of $2,922,000 on May 19, 2021.
The project included the remodeling of offices, public lobbies, public counters, Americans with Disabilities Act (ADA) access, ADA staff bathroom facilities, new accessible locker rooms, an enlarged training room, lighting, communications, space conditioning, and associated staff support areas. The project also included a transformer storage building, a covered wire reel storage structure and upgrades to the interior finishes of Public Works Municipal Utilities Service (MUS) Center that was also constructed in the mid-1970s.
On April 6, 2022, Council adopted a Resolution authorizing the City Manager $500,000 of additional Change Order authority for a total not-to-exceed amount of $1,020,000. The additional Change Order authority was requested to replace the Electric Utility Warehouse roof that was not included in the original remodel contract.
The original contract completion was 240 calendar days. One hundred and six (106) calendar days were added by change orders to accommodate extra work requested by the City. The contract work was completed within the 346 calendar day contract duration on July 14, 2022. The final contract price was $3,799,736.06.
The difference between the contract amount and the final contract price is due to seven (7) change orders, totaling $899,083 and unused bid item allowance funds totaling ($21,346.94) as credit. The seven Change orders include major items previously authorized by City Council: new roof on the Electric Utility Building, new office furniture for the Electric Utility remodel area and a new roof on the Warehouse.
This contract has been completed in substantial conformance with the plans and specifications approved by City Council on March 18, 2020
Following acceptance by the City Council, as required by law, the City Engineer will file a Notice of Completion with the County Recorder’s office. The notice serves to notify vendors and subcontractors that the project is complete and begins their 30-day period to file a stop notice requiring the City to withhold payments from the prime contractor in the event of a payment dispute.
FISCAL IMPACT: This project will reduce costs associated with unplanned and emergency maintenance and repair work for these deteriorating facilities; and ADA and security improvements will increase safety and reduce risk of injury for employees and the public. The addition of covered storage will extend the life of inventory and assets and reduce the risk of damage. This project will not impact the General Fund.
Accept Improvements Under Contract for Electric Utility Office Remodel Project October 19, 2022
\\cvcfilv02\pubwks$\WP\PROJECTS\MISC\Electric Utility\EUD Remodel 2020\C Accept EUD Office Remodel.docx 9/30/2022
FUNDING AVAILABLE: This project was funded by the Electric Utility, Water and Wastewater Capital Funds.
_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
_______________________________
Charles E. Swimley, Jr.
Public Works Director
_______________________________
Jeff Berkheimer
Electric Utility Director
Prepared by Gary Wiman, Construction Project Manager
CES/GW/cd
Attachments
AGENDA ITEM C-12
COUNCIL COMMUNICATION
APPROVED: _______________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\PARKS\Blakely Park\Ball Field\CAccept.doc 9/30/2022 AGENDA TITLE: Accept Improvements Under Contract for Blakely Park Sport Fields & Irrigation Improvements
MEETING DATE: October 19, 2022
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Accept Improvements under Contract for Blakely Park Sport Fields & Irrigation Improvements
BACKGROUND INFORMATION: In 2017, the City was awarded a grant from the State Parks, Office of Grants and Local Services in the amount of $882,340 for the Blakely Park Sports Fields and Irrigation Improvements (project).
This project includes new turf, irrigation system, basketball court, soccer field, and baseball diamond renovations at Blakely Park. The new irrigation system, including a booster pump, is estimated to save approximately 1 million gallons of water per year.
The contract was awarded to Emert Construction, of Stockton, in the amount of $896,872, on December 01, 2021 and authorized the City Manager to execute Change Orders in the amount not-to-exceed $135,000. All work was completed in substantial conformance with the plans and specifications approved by City Council.
The final contract price was $994,338.98 with $97,497 in change orders. A summary of the change orders are below.
CO 1: Additional concrete flatwork, install conduit for future electrical receptacles $ 41,491.82 CO 2: Install concrete curb, and mulch, modification of irrigation $ 17,760.00 CO 3: Install sod instead of hydro-seed; credit to reduce maintenance period $ 6,637.00 CO 4: Install Sod in front of well enclosure; Install new park sign $ 22,866.16 CO 5: Provide 8 additional pallets of Turface Mix (infield material for ball fields) $ 7,400.00 CO 6: Install bracing behind backstops $ 1,312.00
C umulative Change Order Amount: $ 97,496.98
Following acceptance by the City Council, as required by law, the City Engineer will file a Notice of Completion with the County Recorder’s office. The notice serves to notify vendors and subcontractors that the project is complete and begins their 30-day period to file a stop notice requiring the City to withhold payments from the prime contractor in the event of a payment dispute.
FISCAL IMPACT: This project will slightly increase annual park maintenance costs while reducing costs associated with irrigating the park by saving water.
FUNDING AVAILABLE: This project was funded by Parks Capital fund. _______________________________
Charles E. Swimley, Jr.
Public Works Director
Prepared by Alice Bernardino, Associate Civil Engineer
CES/AB/cd
Attachment
Exhibit A – Blakely Park Sports Fields & Irrigation Improvements
AGENDA ITEM C-13
COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\COUNCIL\2022\CCHildebrand PSA.docx 10/5/2022 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Hildebrand Consulting of Oakland, for 2023 Water and Wastewater Cost of Service Rate Study ($90,620)
MEETING DATE: October 19, 2022
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Professional Services Agreement with Hildebrand Consulting of Oakland for 2023 Water and Wastewater Cost of Service Rate Study ($90,620).
BACKGROUND INFORMATION: The Reed Group, Inc. has been involved in the City’s water and wastewater financial planning and rate setting since 2008 and prepared the City’s current Proposition 218 five year rate plan that is scheduled to expire on December 31, 2023.
The City’s current agreement with The Reed Group, Inc. is set to expire on November 15, 2022, however, the firm has chosen to not extend the agreement and transition their existing clients to Hildebrand Consulting of Oakland, California. To ensure continuity between the current and proposed rate studies, Bob Reed will serve in an advisory capacity under Hildebrand Consulting’s contract.
The proposal from Hildebrand Consulting includes developing a ten year financial plan and rate model for both the Water and Wastewater utilities; a cost of service analysis and rate design, preparation of ten year financial rate plans, a rate study including an updated five year rate plan, and assistance with implementing the Proposition 218 process.
Staff recommends Council authorize City Manager to execute a Professional Services Agreement with Hildebrand Consulting of Oakland, for water and wastewater financial plan and rate update study. This agreement will be for a term of three years with an option to extend for two additional one-year terms.
FISCAL IMPACT: The tasks included in the agreement will enable a detailed analysis of current and future Water and Wastewater rates to ensure that revenues are sufficient to support operations and capital expenditures. This contract does not impact the General Fund.
FUNDING AVAILABLE: Water & Wastewater Operations (56052001/53053001) $90,620 _______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
________________________________________
C harles E. Swimley, Jr.
Public Works Director
CES/RAY/cd
RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH HILDEBRAND CONSULTING, OF OAKLAND, FOR THE 2023 WATER
AND WASTEWATER COST OF SERVICE RATE STUDY
========================================================================
WHEREAS, The Reed Group, Inc. , has been involved in the City’s water and wastewater financial planning and rate setting since 2008 and prepared the City’s current Proposition 218 five-year rate plan that is scheduled to expire on December 31, 2023; and
WHEREAS, the City’s current agreement with The Reed Group, Inc. , is set to expire on November 15, 2022, however, the firm has chosen to not extend the agreement and is transitioning existing clients to Hildebrand Consulting, of Oakland; and
WHEREAS, the proposal from Hildebrand Consulting includes developing a ten- year financial pl an and rate model for both the water and w astewater utilities ; a cost of service analysis and rate design; preparation of ten-year financial rate plans; a rate study, including an updated five-year rate plan; and assistance with implementing the Proposition 218 process; and
WHEREAS, staff recommends authorizing the City Manager to execute a Professional Services Agreement wit h Hildebrand Consulting , of Oakland, for the 2023 Water and Wastewater Cost of Service Rate Study, in the amount of $90,620.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a Professional Services Agreement with Hildebrand Consulting, of Oakland, California, for the 2023 Water and Wastewater Cost of Service Rate Study, in the amount of $90,620, for the term of three years with two optional one- year extensions; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019- 223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.
Dated: October 19, 2022
=======================================================================
I hereby certi fy that Resolution No. 2022-__ was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 19, 2022 by the following votes:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-_____
AGENDA ITEM C-14
COUNCIL COMMUNICATION
APPR
OVED: _________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\MISC\GIS\CESRI 2022 Renewal.doc 10/5/2022 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute 3-Year Agreement with Environmental Systems Research Institute, Inc., of Redlands, for Geographic Information System Software ($165,000)
M
EETING DATE: October 19, 2022
P
REPARED BY: Public Works Director
RE
COMMENDED ACTION: Adopt resolution authorizing City Manager to execute 3-year agreement with Environmental Systems Research Institute, Inc., of Redlands, for geographic information system software, in the amount of $165,000.
B
ACKGROUND INFORMATION: The City has been using Geographic Information System (GIS) software by Environmental Systems Research Institute, Inc. (ESRI) since 2010.
Staff relies on the various ESRI software applications to perform mapping services that support both public and internal City uses. Information typically used by the public includes bus route and garbage pickup information, utility schematics, and information related to land use and zoning. Internally, staff utilizes the mapping software to perform more complex functions that support the City’s internal mapping and asset maintenance and management needs.
T
he City’s GIS software is currently under a three-year Small Government Term Enterprise License Agreement, which is set to expired on December 20, 2022. The license affords the City legal authority to use various ESRI software programs to support the City’s geographic information system (GIS) needs. A list of the various software programs is reflected in Exhibit A. The license also provides the technical support, an annual subscription to ESRI Developer Network, Tier 1 Help Desk Support, virtual campus training, and a five percent discount on all individual commercially available instructor-led training classes.
T
he agreement, if approved, has a term of three years, payable at $55,000 per year. The Electric, Water, and Wastewater utilities, the largest users of the ESRI products, will share this cost.
S
taff recommends authorizing City Manager to execute 3-year agreement with Environmental Systems Research Institute, Inc., of Redlands, for geographic information system software, in the amount of $165,000.
F
ISCAL IMPACT: The City will continue to realize savings in staffing and software licensing costs over the term of the contract.
Adopt Resolution Authorizing City Manager to Execute Agreement with Environmental Systems Research Institute, Inc., of Redlands, for Geographic Information System Software ($165,000)
October 19, 2022
\\cvcfilv02\pubwks$\WP\PROJECTS\MISC\GIS\CESRI 2022 Renewal.doc 10/5/2022 FUNDING AVAILABLE: Funding has been Included in Fiscal Year 2022/23 budget as follows:
Electric Utility Fund (50061500) - $18,000
Water Fund (56052001) - $18,500
Wastewater Fund (53053001) - $18,500
_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
________________________
Charles E. Swimley, Jr.
Public Works Director
________________________
Jeff Berkheimer
Electric Utility Director
Prepared by Lyman Chang, Deputy Public Works Director/City Engineer CES/LC/cd
Attachment
cc: Jeff Berkheimer, Electric Utility Director
Benjamin Buecher, Information Technology Division Manager Senior Civil Engineer, Nathan
RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC., OF REDLANDS, FOR
GEOGRAPHIC INFORMATION SYSTEM SOFTWARE
========================================================================
WHEREAS, the City has been using geographic information s ystem (GIS) software by Environmental Systems Research Institute, Inc. (ESRI) since 2010 and relies on the various ESRI software applications to perform mapping services that support both public and internal City uses; and
WHEREAS, the City’s GIS software is currently under a three- year Small Government Term Enterprise License Agreement, which is set to expire on December 20, 2022, and the license affords t he City legal authority to use various ESRI software programs to support the City’s GIS needs; and
WHEREAS, staff recommends authorizing the City Manager to execute a three- year agreement with Environmental Systems Research Institute, Inc., of Redlands, f or geographic information system software, in the amount of $165,000.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a three- year agreement with Environmental Systems Research Institute, Inc., of Redlands, for geographic information system software, in the amount of $165,000; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019- 223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.
Dated: October 19, 2022
========================================================================
I her eby certi fy that Resolution No. 2022-__ was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 19, 2022 by the following votes:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-_____
AGENDA ITEM C-15
COUNCIL COMMUNICATION
APPRO
VED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Authorizing the City Manager to Execute a Two- Year Professional Services Agreement with 1) 4 Leaf, Inc., 2) Interwest Consulting Group, Inc., 3) Bureau Veritas North America, Inc., 4) BPR Consulting Group, LLC, and 5) CSG Consultants, Inc. for Building Codes Plans Examining, Building Codes Inspection, Fire Codes Plans Examining, Fire Codes Inspection, and Code Enforcement Services on an As-Needed Basis; and Further Authorize the City Manager to Execute Two 2- Year Extension Options with Each Consultant with the Total Contracts Not to Exceed Six Years or $1,200,000
MEET
ING DATE: October 19, 2022
PRE
PARED BY: Community Development Director
RECO
MMENDED ACTION: Adopt resolution authorizing City Manager to execute a two -year Professional Services Agreement with 1) 4 Leaf, Inc. , 2) Interwest Consulting Group, Inc., 3) Bureau Veritas North America, Inc., 4) BPR Consulting Group, LLC, and 5) CSG Consultants, Inc. for building codes plans examining, building codes inspection, fire codes plans examining, fire codes inspection, and code enforcement services on an as-needed basis; and further authorize the City Manager to execute two 2-year extension options with each consultant with the total contracts not to exceed six years or $1,200,000.
BA
CKGROUND INFORMATION: O n August 24 , 2022, Staff r equested written quotes from five companies that c ould provide the r equired services. Out of the five companies, all five submitted all of the required information and documentation in their proposals.
The
Building & Safety and Community Improvement Divisions rely on outside consultants to provide contract staff for services such as P lan Review, Building Inspection, and Code Enforcement. These services are utilized on an as-needed basis. The consulting firms also provide the flexibility to provide short-term staffing during upswings in construction activity.
Furt
her, the B uilding & Safety Division desires to have more than one consulting firm to choose from, especially due to the lack of qualified Building Inspectors in the work force today. Many of the consulting firms are having difficulty finding qualified Building Inspectors on short notice and for short-term placement.
Having multiple consulting firms allows the City to maintain its staffing needs and plan review turnaround times.
On S
eptember 14, 2022, t he competing firms supplied the City with competitive quotes that were within a 1% differential of the other approved firms. The consulting firms will perform P lan Review, Inspection, and Code Enforcement services on an as-needed basis.
Building Inspection Services Contracts
October 19, 2022 Regular City Council Meeting
While obtaining a list of qualified Plan Review, Inspection, and Code Enforcement services will not obligate the City to use these services , it does give the divisions more flexibility in providing the best service to the public and the construction community.
Staff recommends Council adopt a resolution authorizing the City Manager to execute Professional Services Agreements with 4 Leaf, Inc., Interwest Consulting Group, Inc., Bureau Veritas North America, Inc., BPR Consulting Group, LLC, and CSG Consultants, Inc. for Building Codes Plans Examining, Building Codes Inspection, Fire Codes Plans Examining, Fire Codes Inspection, and Code Enforcement services on an as- needed basis; and further authorize the City Manager to execute two 2- year extension options with each consultant with the total contracts not to exceed six years or $1,200,000.
FISCAL IMPACT: Costs will be absorbed in the Community Development Special Revenue Fund.
FUNDING AVAILABLE: 27081000.72450 & 10061000.72450
______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
________________________________________
John R. Della Monica, Jr.
Community Development Director
Attachments:
PSA 4 Leaf, Inc.
PSA Interwest Consulting Group, Inc.
PSA Bureau Veritas North America, Inc.
PSA CSG Consultants, Inc.
PSA BPR Consulting Group, LLC
1 AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on ______________, 2022, by and between the CITY OF LODI, a municipal corporation (hereinafter “CITY”), and 4 LEAF, INC., a California corporation (hereinafter “CONTRACTOR”).
Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference.
CITY wishes to enter into a n agreement with CONTRACTOR for Building Codes Plans Examining, Building Codes Inspection, Fire Codes Plans Examining, Fire Codes Inspection, and Code Enforcement Services (hereinafter “Project”) as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perfor m the Scope of Services as set forth in Exhibit A.
Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Sectio n 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames.
The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR’s contract performance period. Also, any delays due to 2 weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in con tact with reviewing agencies and make all efforts to review and return all comments.
Section 2.3 Meetings
CONTRACTOR shall attend meetings as may be set forth in the Scope of Services.
Section 2.4 Staffing
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR’s capabilities and on the qualifications of CONTRACTOR’s principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY’s sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR’s project staff prior to any change.
CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time t his Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and app rovals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement.
Section 2.5 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement.
Section 2.6 Term
The term of this Agreement commences on November 1, 20 22 and terminates upon the completion of the Scope of Services or on October 31, 2024, whichever occurs first.
3 ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR’s compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference.
CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY.
Section 3.2 Method of Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, wit hout limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR’s compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal.
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the o riginal Scope of Services shall be approved in advanced and in writing, by CITY.
Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement.
CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing e mployees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement.
4 ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Compliance
In performing services under t his Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney’s fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence , sole negligence, or sole willful misconduct of the C ity of Lodi , its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein.
Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement.
5 Section 4.5 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein.
Section 4.6 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference.
Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal repres entatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY.
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by expre ss or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows:
To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Stephen Schwabauer
To CONTRACTOR: 4 LEAF, Inc.
2126 Rheem Drive
Pleasanton, CA 94588
Attn: Joe Nicolas
Section 4.9 Cooperation of CITY
CITY shal l cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services.
Section 4.10 CONTRACTOR is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of 6 the services and work to be performed hereunder. CITY, however, retains the ri ght to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof.
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase.
Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. Ho wever, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as “Confidential” or “Proprietary”, except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act.
Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney’s Fees This Agreement shall be governed by the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the p arties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney’s fees from the party who does not prevail as determined by the San Joaquin County Superior Court.
7 Section 4.14 City Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to perform ing any work hereunder.
Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder.
Section 4.16 Integration and Modification
This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between t he specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail.
Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepar ed under this Agreement, shall be deemed the property of CITY. Upon CITY’s request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR’s regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.
CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY’s use of such documents for any purpose other than the purpose for which they were intended.
8 Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement.
Section 4.21 Federal Transit Funding Conditions
If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Cond itions, the Federal Transit Funding Conditions will control.
Section 4.22 Counterparts and Electronic Signatures
This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will b e deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in “portable document format” (“.pdf”) or similar format in tended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature.
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Section 4.22 Counterparts and Electronic Sisnatures
This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the lnternet), by electronic mail in "portable document format" (".pdf') or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature. lN WTNESS WHEREOF, CITY and CONTRAGTOR have executed this Agreement as of the date first above written.
ATTEST: CITY OF LODI, a municipal corporation
OLIVIA NASHED
City Clerk
APPROVED AS TO FORM:
JANICE D. MAGDICH, City Attorney
By
STEPHEN SCHWABAUER
City Manager
4 LEAF, lNC., a California corporation
By
Name: Joe Nicolas
Title: Executive Project Manager
Attachments:
Exhibit A - Scope of Services
ExhibitB-FeeProposal
Exhibit G - lnsurance Requirements
Exhibit D - Federal Transit Funding Conditions (if applicable) Funding Source: 27081000.72450 & 10061000.72450
(Business Unit & Account No.)
Doc lD:
CA:Rev.09.2022.LT
I
SEPTERMER 8, 2022
PROPOSAL TO PROVIDE
BUILDING INSPECTION DIVISION CONTRACT SERVICES
FOR THE
CITY OR LODI
SECTION 3
SERVICES UNDERSTANDING
Management Resumes
Proposed Personnel Resumes
Additional Staff Resumes
EXHIBIT A
Proposal to Provide Building Inspection Division Contract Services to the City of Lodi Page 11 Section 3: Services Understanding September 8, 2022
SECTION 3: SERVICES UNDERSTANDING
We have thoroughly reviewed the City’s RFP and can meet the scope of services with no issues and without the use of subconsultants. 4LEAF is an independent firm that is properly licensed to practice in California and has no conflict of interest with regard to any other work performed by the firm for the City. We will detail our approach to each of the requested work scopes in the following pages.
BUILDING PLAN REVIEW SERVICES
4LEAF will provide Plan Review for any type of structure to ensure compliance with all adopted codes, local ordinances (including Tier 1 of Cal Green, if required) and State and federal laws that pertain to Building and Safety, and for compliance with the adopted International Code Council (ICC) Building, Plumbing, Electrical, Mechanical, National Fire Protection codes and standards, and the Accessibility and Noise and Energy Conservation requirements as mandated by the State of California Title 24, State of California Water Efficient Landscape Ordinance, the State of California Certified Access Specialist (CASp) compliance, and all other applicable ordinances. The types of projects we provide these services for include Single‐Family Dwellings, large Multi‐Family Mixed‐Use Dwelling Units, Commercial, and Industrial.
Approach
We understand that the specific building plan review responsibilities will include, but are not limited to:
Examining plans, drawings, specifications, computations documents, soils reports, and additional data; Ascertaining whether projects are in accordance with applicable building and fire codes, and City ordinances, including but not limited to Title 24 and Title 25; Performing such reviews as structural, MEP, green building, fire and life safety, grading and drainage; Reviewing plans to ensure conformity to the required strengths, stresses, strains, loads, and stability; Reviewing plans to ensure conformity with use and occupancy classification, general building heights and areas, types of construction, fire resistance construction and protection systems, means of egress, accessibility, structural design, soils and foundations; and masonry; Providing additional plan review services as requested by the City; Conducting all plan review at the City Department or at a site mutually agreed upon in writing and; Supplying all plan review staff with all code books and other basic professional references.
On‐ and Off‐Site Review
4LEAF can supply Registered Professional Engineers to the City to work on‐site performing structural plan review and non‐structural reviews at the jurisdiction’s discretion. Our experience includes checking for compliance with the structural, life‐safety, accessibility, plumbing, mechanical, electrical, fire, and local codes/ordinances.
Process Mapping
4LEAF aims to bring departmental processes together by identifying and eliminating obstacles to streamline processes. Our subject‐matter experts visit each department within a jurisdiction to conduct an analysis of existing processes, identify how best to streamline separate departmental processes to improve workflow, and provide guidance and recommendations on an improved work plan. 4LEAF implementation staff offer extensive training to existing municipal staff members on the use of a jurisdiction’s preferred permitting software. We have a robust amount of experience with software that aids in the implementation of process mapping.
Proposal to Provide Building Inspection Division Contract Services to the City of Lodi Page 12 Section 3: Services Understanding September 8, 2022
Plan Review QA/AC Review Process
Task 1 – Project Tracking Set‐up
The first step of our process will be to set up the project in our system to enable 4LEAF and the City of Lodi each to track the progress of the review. Our plan tracking procedures are designed to track each submittal throughout the review process and maintain accurate and comprehensive records for each submittal.
Task 2 ‐ Complete Submittal Review
Upon receiving the plans from the City, 4LEAF will triage (preliminary plan review performed by 4LEAF plan review project lead) the submittal to verify that the submittal received is complete (i.e., all pertinent plans, calculations, reports, and other related documents) in order that we can begin our review. If the submitted package is incomplete, we will communicate with the City to discuss the deficient documents needed to proceed with our review.
Task 3 ‐ Plan Review Assignment
After the triage process is performed and a complete package is verified, the project will be assigned to the most qualified Plans Examiner and a turnaround time will be established. We will log each application into our database the same day the plans are received to assure that they are routed in a timely manner and to allow for daily project tracking.
Task 4 ‐ Plan Review
4LEAF will provide the project contact (Developer, Contractor, Architect, or Engineer) desired by the City of Lodi with a list of any items needing correction and clarification to comply with applicable building codes, ordinances, and regulations. A correction list will be created based on the missing codes and ordinances.
Task 5 ‐ Quality Control
Prior to submitting the plan review correction list to the City, the designated plan review project lead will review the correction list for adherence to applicable codes and ordinances as well as for accuracy and completeness.
After completion of our quality control review a correction list will be e‐mailed to a designated staff member at the City of Lodi or as directed by the City. The correction list and a 4LEAF transmittal form will include the following information: a description of the work, type of construction, occupancy group, square footage, number of floors, and sprinkler requirements.
Task 6 ‐ Plan Review Rechecks
Plans received for rechecks will be reviewed for conformance. Our goal is to actively work with the designers to resolve all unresolved issues after our second review. If it appears that there are complicated issues that might cause a project to go beyond our second review, we will communicate directly with the designer to resolve these concerns.
Task 7 ‐ Project Approval
Once the final plan reviews are completed and ready for approval, 4LEAF will organize the plans and supporting documents per the City of Lodi processing requirements and return them to the City, along with our letter of completion.
Proposal to Provide Building Inspection Division Contract Services to the City of Lodi Page 13 Section 3: Services Understanding September 8, 2022
Turn‐Around Times
4LEAF has a tremendous reputation for completing projects on‐time and under budget. 4LEAF’s plan review team is widely recognized for quick turn‐around times and prompt service. Off‐site plan reviews are performed at our office, with plans transmitted by personal delivery or overnight service. The standard turn‐around time is within 10 business days for residential plan reviews and within 10 days for commercial/industrial plan reviews; however, these timeframes are negotiable based on your needs. 4LEAF also provides Fire Plan Review services.
Type of
Plans
Transportation Initial
Review
Resubmittal
Review
Resubmittal
Review #2
Expedited
Review
Expedited
Resubmittal
*Residential < 24 Hours (pick
up & delivery) < 10 Days < 5 Days < 5 Days < 5 Days < 3 Days **Multi‐
Family
< 24 Hours (pick
up & delivery) < 10 Days < 5 Days < 5 Days < 5 Days < 3 Days Commercial < 24 Hours (pick
up & delivery) < 10 Days < 5 Days < 5 Days < 5 Days < 3 Days ***Large
Commercial
> 15,000 s.f.
< 24 Hours (pick
up & delivery) Negotiable Negotiable Negotiable Negotiable Negotiable *Larger complex plan reviews can be negotiated to achieve the best possible pricing. 4LEAF has a proven track record of working with municipalities to provide expedited reviews with special discounted pricing.
Pick‐up of all plans will be performed by 4LEAF staff within 24 hours of the City’s phone call or e‐mail. 4LEAF prefers to pick‐up and deliver the plans in person to communicate information that may be pertinent to the project and maintain consistent communication. At no additional cost, 4LEAF staff will transport the plans to and from the City upon a phone call to the 4LEAF office or simply e‐mail for “pick‐up” to [email protected].
4LEAF’s EZPlan Review
EZPlan Review is our in‐house tracking software that acts as a communication tool between 4LEAF and the
jurisdictions we work with. The use of EZPlan makes communication easy. This web portal allows users
visualize project due dates, notes, and status updates so that projects can be followed from start to finish.
Additionally, 4LEAF provides electronically stamped and uploaded copies of approved project plans, a value which saves clients time and resources. With the use of EZPlan, 4LEAF hopes to provide a level of ease and transparency during the off‐site plan review process.
Document Control
When plans and documents are received for review, 4LEAF’s Plan Review Manager and Document Control Technician analyze the project, creates a job number, and completes a Job Setup Sheet. This form highlights both the jurisdiction, applicable contact information, and all project specific design criteria and notes. Jobs are then
Proposal to Provide Building Inspection Division Contract Services to the City of Lodi Page 14 Section 3: Services Understanding September 8, 2022
transmitted through 4LEAF’s easily accessed EZPlan Review Portal which tracks initial and subsequent reviews and is open for view by the client. The City and their customers can view 4LEAF’s plan review control log through 4LEAF’s EZPlan Review Portal.
Plans then get distributed for review to a 4LEAF team consisting of Plan Review Engineers, Architect (a licensed state professional) and/or an ICC Certified Plans Examiner, as applicable.
Our staff then performs his or her function of analyzing the plans and documentation for effective conformance to the state codes, referenced construction standards, and City amendments. 4LEAF’s code review methodology is “The Effective Use of the Codes” reinforced through proprietary and jurisdictional checklists. When complete, the Plan Review Manager overviews the project for quality control purposes and forwards comments or approvals to the client’s pre‐designated contacts.
Off‐Site Electronic Plan Review
Digital plan review allows 4LEAF the ability to review, markup and transport plans of any size electronically. We strongly encourage this service for our clients. This process delivers a high degree of cost effectiveness, time efficiency and a “green” and environmentally friendly system. Through our strong focus on utilizing this digital capability, we offer full access to all 4LEAF engineers and plans examiners company‐wide, from any of our office locations. A protected online portal will be established to allow property owners, contractors, developers, businesses, designers, and stakeholders to submit plans electronically for review. Access to the online portal will be given to City staff for immediate access to information regarding project status during the review process.
4LEAF has successfully implemented and used Bluebeam for electronic review of files to help eliminate the use of paper and take the plan review workflow to a whole new level. 4LEAF’s offices are equipped with large scale monitors for easy review of plans. Bluebeam Revu combines powerful PDF editing, markup, and collaboration technology with reliable file creation. Bluebeam integrates flawlessly with our Green Line approach for electronic and timely turnarounds resulting in permit issuance within 5‐7 business days.
Additional Technologies
Having served more than 350 jurisdictions, 4LEAF and our staff are knowledgeable and have experience working with a variety of different technologies for Electronic Plan Review, Permit Tracking, and Building Inspections. 4LEAF’s experience with tracking technologies includes, but is not limited to:
Structural Only Review
Upon request, 4LEAF will perform “structural only” reviews for the City. 4LEAF can communicate directly with the designers via email, in‐person meetings, and through our EZPlan Review system. 4LEAF prefers PDF files for “structural only” reviews as they allow several Structural Engineers to review plans together should there be design‐related questions. The majority of 4LEAF’s plan review engineers have a design background and work well with project designers.
Proposal to Provide Building Inspection Division Contract Services to the City of Lodi Page 15 Section 3: Services Understanding September 8, 2022
PLAN REVIEW PERSONNEL
4LEAF has 60+ plan check personnel that includes Registered Professional Engineers, Licensed Architects, Certified Access Specialists, and ICC Certified personnel dedicated to performing plan review services to our municipal clientele. Should duplicate names appear in our competitor’s submittals, we are prepared to show payroll records to ensure you that all names listed in this proposal are employees of 4LEAF.
CERTIFIED ACCESS SPECIALIST (CASP)
4LEAF has 14 Certified Access Specialists on staff. We have performed CASp inspections, plan review projects, and have consulted on numerous construction projects for accessibility questions and advice. Below is a shortened list of our ADA staff:
CASP PERSONNEL CERTIFICATION NO. EXPIRATION
David Rashe, CBO CASp‐213 6/23/2022
James Wiatrak, CASp CASp‐789 8/9/2023
Brent Hipsher CASp‐422 4/12/2024
Jay Shih, P.E., CBO CASp‐683 4/7/2025
Scott Johnson, S.E. CASp‐530 1/2/2023
Doug Martin CASp‐937 4/2/2023
Steven Raney CASp‐519 12/10/2022
Additional CASp Professionals Available
PLANS EXAMINERS REGISTRATIONS & CERTIFICATIONS
Melissa Mennucci, S.E. Registered Structural Engineer
Albert Kong, S.E. Registered Structural Engineer
Beng Low, M.E., S.E. Registered Structural and Mechanical Engineer Ali Hekmat, S.E., P.E. Registered Structural and Civil Engineer Karimullah Kamran, P.E. Registered Professional Engineer Jay Shih, P.E. Registered Professional Engineer
Kathy Bucciarelli, P.E. Registered Professional Engineer & 2 ICC Certifications Davison Chanda, P.E. Registered Professional Engineer
Shane Crowe, P.E. Registered Professional Engineer
Joseph Nicolas, P.E. Registered Professional Engineer
Melissa Bridges, P.E. Registered Professional Engineer Stefanie Hionis, P.E. Registered Professional Engineer Albert Nissan, P.E. Registered Professional Engineer
Sareh Deyhimi, P.E. Registered Professional Engineer & 1 ICC Certification Scott Martin, P.E. Registered Professional Engineer
David Rashé, CBO, CASp Certified Building Official, CASp, & 11 ICC Certifications Sandeep Ojha Degreed Engineer & ICC Certified Plans Examiner Madhavi Akula Degreed Engineer & ICC Certified Plans Examiner More than 45 Additional Plans Examiners Available
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FIRE PLAN REVIEW AND INSPECTION SERVICES
Our Fire team is comprised of experienced Fire Plan Reviewers, Fire Protection Engineers, Fire Marshals, and Fire Chiefs. 4LEAF’s fire inspectors are all ICC and/or OSFM Certified and experienced working within a municipal work environment. Our fire plan review and inspection processes similarly follow the procedures and timelines outlines in our Building plan review and inspection sections. We have worked on several high‐profile contracts for fire prevention services and recovery programs including:
University of California, Davis – Fire Plan Review
City of Folsom – Fire Plan Review
Lathrop/Manteca Fire District – Fire Plan Review
County of Sacramento – Fire Plan Review
County of Placer – Fire Plan Review
Solano County – Fire Recovery Program
Sonoma County – Fire Recovery Program
Town of Paradise – Fire Recovery Program
Livermore Pleasanton Fire Department – Fire Review and Inspection Services City of Oakland Fire Department – Fire Plan Review Services
4LEAF can provide plan review services for all types of occupancies and construction types to ensure compliance with all adopted codes, local ordinances and state and federal laws, ordinances, regulations, and standards that pertain to Fire Life Safety Including, but not limited to:
CA Title 24, Parts 2, 3, 4, and 9
NFPA 13, 13R, 13D, 24, and 72
Local amendments to the California Building and Fire Codes California Health and Safety Code
Municipal Fire Standards & Municipal Codes
National Fire Protection Referenced Standards
4LEAF is one of the Fire Life Safety industry’s leaders in Plan Review Services. Our Fire Plan Review Services include:
Compliance for Site Access Requirements
Compliance for Fire Flow Requirements
Review of Fire Prevention, Suppression, and
Detection Systems
Sprinkler, Standpipe, Alarm, Notification
Systems, and Fire Pump Code Compliance
Hazardous Occupancies, High Piled Storage, and
Smoke Control Systems
Review of Alternate Means
Review of Methods Requests
Annual Business Inspections
Complete Fire Prevention Services
New Construction Inspections
Fire Alarm/Sprinkler Inspections
Special Event Permits
Hazardous Materials Inspections
In‐House Plan Review
Off‐Site Plan Review
Code and Standards
Public Education and Safety Training
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KEY FIRE REVIEW & FIRE INSPECTION PERSONNEL
4LEAF has three Fire Protection Engineers for fire review projects such as sprinklers, alarm systems, and other fire‐related consulting items. Our Fire Plans Examiners and Fire Inspectors come with many years of experience and are familiar with a wide range of projects. We service various Fire Districts and Fire Departments with Inspection and Plan Review scopes as well as consulting on large construction projects. Our team includes:
FIRE PERSONNEL REGISTRATIONS & CERTIFICATIONS
Geoff Aus Fire Inspector, Fire Marshal, Inspector of Record Jim Aldrich Fire Inspector, Fire Plans Examiner
Jason Shearer Senior Fire Inspector, Building Inspector Jim Thompson Fire Inspector, Fire Marshal, Fire Plans Examiner Rebecca Lauricella Fire Inspector
Steven Conti, FPE Fire Inspector, Fire Marshal, Fire Plans Examiner, Fire Prevention Officer, Fire Protection Engineer (FPE)
Tom Cervantes Fire Inspector, Fire Marshal, Fire Prevention Officer John Riddell Fire Inspector, Fire Plans Examiner
Loralyn Davis Fire Plans Examiner
Nicholas Tran, FPE, ME Fire Plans Examiner, Fire Protection Engineer, Mechanical Engineer Robert Salgado Senior Fire Plans Examiner
Travis Kizziar Fire Plans Examiner
Kevin McClish, FPE Fire Prevention Officer, Fire Protection Engineer (FPE) Christopher Fowler, CBO Fire Inspector II (ICC)
Gib Moush, FPE Registered Professional Engineer, Fire Protection Engineer (FPE) Ronald Griesinger Fire Plans Examiner, Fire Inspector
Stuart Blakesley Fire Plans Examiner, Fire Inspector
Brent Hipsher, CBO, CASp Fire Inspector
Marnie Gedney, FPE Fire Plans Examiner/Fire Inspector II/Fire Protection Engineer 25+ Additional Fire Review and Inspection Personnel
Proposal to Provide Building Inspection Division Contract Services to the City of Lodi Page 17 Section 3: Services Understanding September 8, 2022
BUILDING DEPARTMENT SERVICES
4LEAF has a proven track record of providing Permit Technician/Counter staff and Building Officials to jurisdictions. 4LEAF can deploy such staff on short notice and offer training programs for department staff, if required. Our staff encompasses the right combination of experience, education, and certifications.
Permit Technician
4LEAF Permit Technician Staff must be experienced and dedicated to serving the public at the Planning and Building Department counter. 4LEAF has numerous of Permit/Counter Technicians on staff, many who are currently assigned to Building Departments throughout the state. All staff will have the materials, resources, tools, and training required to perform the job. Typical Permit Technician duties include:
Accepting plans for plan check
Verification that plans are accurate and complete
Calculating permit fees
Explaining ordinances and procedures to owners, contractors, developers, architects, and general public Assisting with preparation of permit applications
Receiving plans for Planning and Building permits and route to various agencies (if requested) Accepting complaints on code violations, process, and record complaints Answering phone calls for field and office staff
Processing inspection requests
Maintaining files for building permits
Operating the Building Department’s computerized information system Inputting a variety of information, including building permits and inspections Completing related duties and responsibilities as assigned by Building Official and Senior staff members
Building Official
The 4LEAF Interim Building Official can provide in‐house plan reviews to the City, limiting the amount of projects distributed to outside consultants and helping the City achieve significant cost savings. The Building Official will act as an adjunct staff member to the City and work with City personnel and various departments to perform professional building services including but not limited to plan review, permit technician, building inspection, and code enforcement.
Staff qualifications for this role include evaluating and documenting projects for compliance with applicable building standards and housing codes, on‐ and off‐site plan review, staff augmentation, and other building department related tasks. Proposed staff for this role will be appropriately trained and certified for all work.
Placement Schedule
Building Department Staff Interim Full‐Time
Permit Technician (ICC Certified) < 2 Days < 5 Days
Assistant Permit Technician/ Counter Staff < 2 Days < 5 Days Building Official < 2 Days < 15 Days
Proposal to Provide Building Inspection Division Contract Services to the City of Lodi Page 18 Section 3: Services Understanding September 8, 2022
PERMIT TECHNICIAN PERSONNEL
4LEAF has a proven track record of providing Permit Technician/Counter staff to jurisdictions throughout California. The 4LEAF pool of talented professionals includes qualified and experienced permit technicians, capable of providing all permit processing and counter services.
Permit Technician Staff Title
Minerva Arredondo, CBO Senior Permit Technician
Vanessa Mota Senior Permit Technician
Damiya Haley Senior Permit Technician
Lisa Felicano Senior Permit Technician
Shantelle Fuentes Senior Permit Technician
Caitlin Glasser Senior Permit Technician
Cindy Lucas Senior Permit Technician
Alyssa Mendoza Senior Permit Technician
Ana Ortiz Senior Permit Technician
Andres Torres Castaneda Senior Permit Technician
Angelina Marquez Senior Permit Technician
Austin Arabia Senior Permit Technician
Danny Guan Permit Technician
Ana Ortiz Permit Technician
Austin Mota Permit Technician
Betty Lopez Permit Technician
Kendall Ripperda Permit Technician
Carey Calvanese Permit Technician
Paulina Santellano Permit Technician
Crystal Zamora Permit Technician
Nolan Miya Permit Technician
Jose Ramirez Permit Technician
Isabella Noden Permit Technician
Elisha Moser Permit Technician
Chelsey Serafino Permit Technician
Caitlin Shannon Permit Technician
Deisy Mendez Permit Technician
Ana Perez Permit Technician
Julia Warthin Permit Technician
Deisy Mendez Permit Technician
Danielle Hendricks Permit Technician
Vanessa Morales Permit Technician
Cynthia Orci Permit Technician
Elisa Alvizar Permit Technician
Haley Myers Permit Technician
More than 20 additional Permit Technicians
Proposal to Provide Building Inspection Division Contract Services to the City of Lodi Page 19 Section 3: Services Understanding September 8, 2022
BUILDING INSPECTION SERVICES
4LEAF has a team of more than 200 ICC Certified Building Inspectors, OSHPD/DSA Inspectors of Record, Fire Personnel, and Construction Inspectors working on various contracts. 4LEAF has a team committed to work in the East Bay Area who will remain for the duration of projects to ensure we capture the goals and performance that have made our inspection system successful.
We maintain the largest database of qualified inspectors of varied qualifications. Inspectors vary from current full‐time inspection staff, idle staff (temporarily between assignments), and pre‐qualified staff which include inspectors who are available subject to client demand. 4LEAF’s inspectors are all ICC Certified and experienced working within a municipal work environment. 4LEAF will provide inspectors with all the necessary tools, equipment, and current code books sufficient to facilitate all required inspections. 4LEAF can provide interim or full‐time inspectors same‐day or within one business day— simply call, email, or text our assigned Management team for an immediate response. Our on‐call database is utilized for all our clients for as‐needed requests
Services Offered
Periodic Inspection Services Available Next Day
4LEAF can fulfill inspection requests immediately upon request, including same day. Our firm has a wealth of local and available inspectors ready to serve the City’s inspection needs. In addition, 4LEAF has a proven track record of providing such services to hundreds of municipal departments throughout the country. Once a request is made for staff/project needs, we will do our best to fulfill it within 24 hours of communication.
Part‐Time Inspection Services Available Next Day
4LEAF will provide the City with part‐time inspectors upon request. We can provide part‐time staff within 24
hours of request for any duration of time. Our Project Manager will work closely with the City’s Community Development Department to identify the right personnel and determine the appropriate work schedule.
Full‐Time Inspection Services Available Two Days or Less 4LEAF can provide full‐time inspectors upon request. We provide this service regularly to many clients throughout Northern California, Central Coast, Southern California, Sacramento Valley, Peninsula/South Bay,
Proposal to Provide Building Inspection Division Contract Services to the City of Lodi Page 20 Section 3: Services Understanding September 8, 2022
East Bay, North Bay, and Central Valley. Let us know your staff/project need and we will quickly and strategically develop a plan of action.
Project‐Specific Inspection Services Available Two Days or Less 4LEAF is often tasked with providing inspection services to large projects on behalf of municipalities. We currently handle large‐scale projects for such clients as the County of Los Angeles, City of Palo Alto, City of Cupertino, etc. These projects are developer funded into a separate municipal account which is distributed to 4LEAF using a separate invoice and contract number. This is particularly helpful to fast paced projects looking for continuous inspection services over a short period of time (i.e. 6 ‐ 36 Months).
GoFormz
4LEAF will implement the GoFormz software for inspection requests. With licenses owned by the City, 4LEAF’s Administration team will prepare inspection requests and inspection results documenting construction activity. In addition, 4LEAF will be able to extract information and provide detailed monthly reports detailing the construction activity. The reports will be detailed to identify contractors, subcontractors, work progress, pictures, and a detailed explanation of the field activities.
GoFormz allows every piece of information collected on a project to be accessible by all staff as every form is stored securely and safely in the Cloud. The information can be accessed through a user’s web account where they can view any inspection report and run reports on project data. The information can be accessed through a user’s web account where they can view any inspection report and run reports on project data.
The inspector will be able to leave detailed notes under the inspections and observations box and instantaneously attach pictures to the report to show the item inspected. The inspector will also be able to sign the report by hand on the iPad through the mobile signature block and pictures taken from the iPad are stored on the inspection document.
Proposal to Provide Building Inspection Division Contract Services to the City of Lodi Page 21 Section 3: Services Understanding September 8, 2022
INSPECTION PERSONNEL
Below is a quick look into 4LEAF’s on‐call inspection database, which is made of qualified and quality team members who are ready and able to take on the County’s projects.
INSPECTORS CERTIFICATIONS
Christopher Fowler, CBO, OSHPD A Certified Building Official, OSHPD A, & 25 ICC Certifications Brent Hipsher, CBO, CASp Certified Building Official, CASp, & 6 ICC Certifications Bernard Zipay, CBO Certified Building Official, MCP, & 29 ICC Certifications Rory Shortreed, OSHPD A OSHPD A & ICC Commercial Building Inspector Martin Scott, OSHPD A, DSA 1 OSHPD A, DSA 1 Certification, ICC Commercial Building Inspector Mike Leontiades, CBO Certified Building Official & 9 ICC Certifications Michael Renner, CBO Certified Building Official & 11 ICC Certifications Brad Fliehmann, CBO Certified Building Official & 18 ICC Certifications Nick Henderson, CBO Certified Building Official & 6 ICC Certifications Peter Lim, CBO Certified Building Official & 4 ICC Certifications David Rashé, CBO, CASp Certified Building Official, CASp, & 11 ICC Certifications Gregory Soliz 22 ICC Certifications
Mark Hoadley 16 ICC Certifications
Dave Brakebill 13 ICC Certifications
Dave McGee 12 ICC Certifications
Jose Murillo 11 ICC Certifications
Mark Sherwood 10 ICC Certifications
Mark Hoadley 8 ICC Certifications
Wladyslaw Grobelny 8 ICC Certifications
Emilio Torres 8 ICC Certifications
Jerry Brown 8 ICC Certifications
Marcus Johnson 7 ICC Certifications
Bassem Kodeih 6 ICC Certifications
John Kuehl, CBO 6 ICC Certifications
Andrei Oustinov 6 ICC Certifications
Don Hutsell 5 ICC Certifications
Jose Murillo 4 ICC Certification
Chuck Venook 3 ICC Certifications
Jonah Canright 3 ICC Certifications
Jim Decker 3 ICC Certifications
George Cortez 3 ICC Certifications
Eric Pankratz 3 ICC Certifications
Reuben Cain 2 ICC Certifications
Steven Slaughter 2 ICC Certifications
Kyle Petersen 1 ICC Certification
Farshid Asaddehghan 1 ICC Certification
More than 150 Inspection Professionals Available
Proposal to Provide Building Inspection Division Contract Services to the City of Lodi Page 22 Section 3: Services Understanding September 8, 2022
CODE ENFORCEMENT SERVICES
4LEAF has provided the City with experienced Code Enforcement Services since May of 2021. Specifically, the City utilized the services of Mike Aguirre. Mike assisted in the transition as the City transitioned their Code Enforcement Services from the Lodi Police Department to the Community Development Department. 4LEAF can provide the City the following services:
Inspections
4LEAF can provide certified and qualified staff to perform Code Enforcement inspections in a lawful manner that respects the reasonable expectations of privacy and security of residents and their properties.
Inspections conducted will determine if conditions on the properties being inspected are compliant with applicable sections of the current editions of the International Property Maintenance Code, City Code, CA Building Code, and any Code adopted by reference by the City of Lodi.
4LEAF staff will be qualified to verify that onsite conditions are consistent with the City’s records for development approvals, square footage, setbacks, heights, and other requirements that may be applicable. 4LEAF staff are qualified to do the following:
Perform inspections for violations of Building Codes and Ordinances as adopted by the City. Research properties for prior approvals, permits, and general information relating to violations. Investigate and take necessary action when a violation of City Code exists, and consulting with City Counsel as required when requested by the Code Enforcement Chief. Comply with the City’s procedures for reporting inspection results and deficiencies. Using City inspection correction forms.
Making appropriate entries in City records.
Conduct follow‐up inspections as needed.
Notify the responsible parties of other agency approvals prior to closing a code enforcement action. Maintain records as needed for the efficient and effective operation of the City. Meet with members of the general public and City staff on a daily basis as needed.
Enforcement
4LEAF staff have the experience in working cooperatively with property owners and other responsible parties to bring properties and/or conditions into compliance with applicable bodies of law. Our team will be able to determine when voluntary compliance is not forthcoming from property owners or responsible parties. 4LEAF staff has experience in using administrative processes including the issuance of administrative citations to credibly establish at the administrative level that violations of law exist on a property.
Proposal to Provide Building Inspection Division Contract Services to the City of Lodi Page 23 Section 3: Services Understanding September 8, 2022
4LEAF Code Enforcement Officers have experience in writing criminal citations and in working with legal counsel to assist in the successful prosecution of Code Enforcement cases either in criminal or civil court when necessary.
CODE ENFORCEMENT PERSONNEL
Below is a quick look into 4LEAF’s Code Enforcement database, which is made of qualified and quality team members who are ready and able to take on the City’s project. As you can see from this limited sample, we have a team with years of experience and many varying certifications.
Code Enforcement Staff Title Certifications
Mike Aguirre Senior Code Enforcement Officer Adv. Code Enforcement Officer Sean Flanagan Senior Code Enforcement Officer Adv. Code Enforcement Officer Pamela Miller Code Enforcement Officer/Inspector PC832 Tina Chechourka Code Enforcement Officer/Inspector PC832 Tom Cervantes Code Enforcement/Fire Inspector PC832 Levels I, II, and III Tim Nakashima Code Enforcement Officer PC832
Jose Murillo Code Enforcement Officer/Inspector PC832 Al Fasulo Code Enforcement Officer PC832
Nick Henderson, CBO Code Enforcement Officer/Inspector PC832 Doug Martin, CASp Code Enforcement Officer/Inspector POST PC832 Renee Souza Code Enforcement Officer Advanced CEO, PC832 Stuart Blakesley Code Enforcement/Fire Plan Reviewer PC832 Scott Wungluck, CBO Code Enforcement/Senior Inspector PC832 John Juarez Senior Code Enforcement Officer PC832
Justine Sidie Code Enforcement Officer PC832, CACEO Levels I, II, and III Rebecca Lauricella Code Enforcement/Fire Inspector PC832 Dave Nolta Code Enforcement Officer/Inspector PC832
Joe Pena Code Enforcement Officer/Inspector PC832
David Rashe, CBO Code Enforcement Officer/Plans Examiner PC832 Additional Code Enforcement Staff Available
CUSTOMER SERVICE
We hope the City will choose 4LEAF their Building and Safety Services consultant and through hard‐work, we will prove our value to your team. Our goal is for the City to view 4LEAF as an extension of your team. We will communicate with your staff in the most positive customer service manner possible. Your account will be managed by Joe Nicolas and Raylee Glasser, CBO. Both Joe and Raylee manage the majority of 4LEAF’s Building Department clients and understands the needs of your department and has expertise with inspection/plan review staffing. Joe and Raylee will be available to discuss the technical details of plan review and engineering consulting.
We anticipate a comfortable relationship where we can discuss needs and resolutions openly and honestly. You will find 4LEAF’s email, office phone, and cell phones on all of our business cards. Most importantly, we hope this is the beginning of a long‐lasting relationship. 4LEAF has an impeccable reputation of client retention.
SEPTERMER 8, 2022
PROPOSAL TO PROVIDE
BUILDING INSPECTION DIVISION CONTRACT SERVICES
FOR THE
CITY OR LODI
SECTION 5
FEE SCHEDULE AND
BASIS OF CHARGES
Management Resumes
Proposed Personnel Resumes
Additional Staff Resumes
EXHIBIT B
Proposal to Provide Building Inspection Division Contract Services to the City of Lodi Page 32 Section 5: Fee Schedule and Basis of Charges September 8, 2022 2022‐2023 FEE SCHEDULE & BASIS OF CHARGES
For the City of Lodi
All Rates are Subject to Basis of Charges
PLAN REVIEW COST STRUCTURE NOTES
Plan Review Percentage: 70%
Structural Only: 40%
(Inclusive of all disciplines except, Fire and Civil which are billed on an hourly basis.)
Hourly Plan Review: $120 Non‐Structural Review
$135 Structural Review
Fee includes:
Initial review and two (2) rechecks.
Hourly charges apply after three (3) or
more rechecks.
Shipping, courier, and electronic
service.
STAFF AUGMENTATION SERVICES
Chief Building Official ...................................................................................................................... $150/hour Senior Combination Building Inspector (Building Inspector III) ...................................................... $125/hour Commercial Building Inspector (Building Inspector II) ................................................................... $115/hour Residential Building Inspector (Building Inspector I) ...................................................................... $95/hour Code Enforcement .......................................................................................................................... $90/hour Senior Code Enforcement ............................................................................................................... $105/hour Administrative Support ................................................................................................................... $65/hour Permit Technician (Remote or Onsite) ........................................................................................... $70/hour Senior Permit Technician (Remote or Onsite) ................................................................................ $85/hour Permit/Counter Manager ............................................................................................................... $105/hour On‐Site Plan Review Engineer ......................................................................................................... $155/hour On‐Site Non‐Structural Plans Examiner .......................................................................................... $155/hour Civil Plan Review ............................................................................................................................. $150/hour Fire Plan Examiner .......................................................................................................................... $150/hour Fire Inspector I ................................................................................................................................ $125/hour Fire Inspector II ............................................................................................................................... $140/hour Fire Prevention Officer .................................................................................................................... $150/hour Fire Protection Engineer ................................................................................................................. $175/hour Planning Technician ........................................................................................................................ $80/hour Assistant Planner ............................................................................................................................ $100/hour Associate Planner ............................................................................................................................ $120/hour Senior Planner ................................................................................................................................. $140/hour Principal Planner ............................................................................................................................. $160/hour Inspector of Record (including DSA or OSHPD) .............................................................................. $135/hour
Proposal to Provide Building Inspection Division Contract Services to the City of Lodi Page 33 Section 5: Fee Schedule and Basis of Charges September 8, 2022 Public Works Inspector ................................................................................................................... $150/hour CASp Inspection/Review ................................................................................................................. $155/hour OSHPD Inspection/Review .............................................................................................................. $150/hour Project Inspector/Inspector of Record ........................................................................................... $135/hour* Project Manager ............................................................................................................................. $150/hour Director ........................................................................................................................................... $180/hour Principal‐in‐Charge .......................................................................................................................... $185/hour Hourly overtime charge per inspector ............................................................................................ 1.5 x hourly rate Mileage (for inspections performed within the City) ..................................................................... IRS Rate + 20%
*Rates will be communicated with the City Management at time of request. Rates will vary based on the qualifications and experience of the personnel.
Larger complex plan reviews can be negotiated to achieve the best possible pricing. 4LEAF has a proven track record of working with municipalities to provide expedited reviews with special discounted pricing when
applicable.
BASIS OF CHARGES
Rates are inclusive of “tools of the trade” such as forms, telephones, and consumables. All invoicing will be submitted monthly.
Staff Augmentation work (excluding plan review) is subject to 4‐hour minimum charges unless stated otherwise. Services billed in 4‐hour increments.
Most plan reviews will be done in 10 business days or less and 5 business days or less for re‐checks. This is not inclusive of holidays or the day of the pick‐up of plans. Expedited reviews will be billed at 2x the plan review fee listed in the fee schedule. Return time will be within seven (7) days of receipt of the plans from the City. Plan review of deferred submittals & revisions will be billed at the hourly rates listed. All plan review services will be subject to a $250.00 minimum fee if percentage‐based fee or two (2) hour minimum charge if hourly rates apply.
Larger complex plan reviews can be negotiated to achieve the best possible pricing. All plan review services will be subject to 2‐hour minimum fee. All plan review services are billed on a percentage basis and includes the initial review and 2 rechecks. - Plan reviews will be billed on an hourly basis only after the initial review and 2 rechecks unless otherwise agreed upon on a case‐by‐case basis.
- Fire and Civil Reviews are billed on an hourly basis and are not included in our plan review percentage.
4LEAF assumes that these rates reflect the 2022‐2023 contract period. 3% escalation for 2023‐2024, 2024‐2025, and 2025‐2026 is negotiable per market conditions. Overtime and Premium time will be charged as follows:
- Regular time (work begun after 5AM or before 4PM) 1 x hourly rate - Nighttime (work begun after 4PM or before 5AM) 1.125 x hourly rate - Overtime (over 8‐hour M‐F or Saturdays) 1.5 x hourly rate
Proposal to Provide Building Inspection Division Contract Services to the City of Lodi Page 34 Section 5: Fee Schedule and Basis of Charges September 8, 2022 - Overtime (over 8 hours Sat or 1st 8‐hour Sun) 2 x hourly rate - Overtime (over 8 hours Sun or Holidays) 3 x hourly rate Overtime will only be billed with prior authorization of the Director or other designated City personnel. All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate. Mileage driven during the course of Inspections will be charged at cost plus 20%. Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge. Client shall pay attorneys’ fees, or other costs incurred in collecting delinquent amounts. Client agrees that 4LEAF’s liability will be limited to the value of services provided. In accordance with California’s Meal Break and Rest Break Law requirements, Client will be billed one (1) additional hour per day at the regular rate for each missed meal or rest break due to Client‐directed tasks or requirements. Client should allow 4LEAF’s non‐exempt, hourly employees the opportunity to take their entitled rest and meal breaks during each work shift. If 4LEAF is requested or otherwise required to conform to Client’s alternative work week schedule (“AWW”), Client hereby agrees to compensate or reimburse 4LEAF for all overtime paid to its employees who work an AWW.
If 4LEAF’s affected employment group approves an AWW election and the same is registered, the overtime compensation/reimbursement shall not be required
EXHIBIT C
NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City’s online insurance program requesting you to forward the email to your insurance provider(s) to submit the required insurance documentation electronically
Insurance Requirements for Design Professionals- Architects/Engineers
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations , property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non- owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limits not less than $2,000,000 per occurrence or claim.
Other Insurance Provisions:
(a) Additional Named Insured Status
The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts , or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used
(b) Primary and Non-Contributory Insurance Endorsement
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
(c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Lodi has received a waiver of subrogation endorsement from the insurer
NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of the project that it is insuring.
(d) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies.
(e) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240.
(f) Continuity of Coverage
All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor’s insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.).
(g) Failure to Comply
If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1st) day of the month following the City’s notice. Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities.
(h) Verification of Coverage
Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Failure to exercise this right shall not constitute a waiver of the City’s right to exercise after the effective date.
(i) Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. (j) Insurance Limits
The limits of insurance described herein shall not limit the liability of the Cont ractor and Contractor's officers, employees, agents, representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials , employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of insurance.
(k) Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors
(l) Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
(m) Qualified Insurer(s)
All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least “A-, VI” by the AM Best Ratings Guide, and which are acceptable to the City. Non-admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements.
1 AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on ______________, 2022, by and between the CITY OF LODI, a municipal corporation (hereinafter “CITY”), and INTERWEST CONSULTING GROUP, INC., a Colorado corporation (hereinafter “CONTRACTOR”).
Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference.
CITY wishes to enter into a n agreement with CONTRACTOR for Building Codes Plans Examining, Building Codes Inspection, Fire Codes Plans Examining, Fire Codes Inspection, and Code Enforcement Services (hereinafter “Project”) as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A.
Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date s et forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames.
The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR’s contract performance period. Also, any delays due to 2 weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments.
Section 2.3 Meetings
CONTRACTOR shall attend meetings as may be set forth in the Scope of Services.
Section 2.4 Staffing
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR’s capabilities and on the qualifications of CONTRACTOR’s principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY’s sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR’s project staff prior to any change.
CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and app rovals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement.
Section 2.5 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement.
Section 2.6 Term
The term of this Agreement commences on November 1, 20 22 and terminates upon the completion of the Scope of Services or on October 31, 2024, whichever occurs first.
3 ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR’s compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference.
CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY.
Section 3.2 Method of Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agre ed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR’s compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal.
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY.
Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement.
CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement.
4 ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not discriminate in the employmen t of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Compliance
In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expense s (including reasonable attorney’s fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence , sole negligence, or sole willful misconduct of the City of Lodi , its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein.
Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement.
5 Section 4.5 Responsibility of CITY
CITY shall not be held respon sible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein.
Section 4.6 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out an d maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference.
Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY.
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upo n receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows:
To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Stephen Schwabauer
To CONTRACTOR: Interwest Consulting Group, Inc.
1613 Santa Clara Drive, Suite 100
Roseville, CA 95661
Attn: Paul Meschino
Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services.
Section 4.10 CONTRACTOR is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of 6 the services and work t o be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof.
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the co nclusion of any such phase.
Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project an d deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confid entiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as “Confidential” or “Proprietary”, except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the C alifornia Public Records Act.
Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney’s Fees This Agreement shall be governed by the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be venued wit h the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in f orce and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney’s fees from the party who does not prevail as determined by the San Joaquin County Superior Court.
7 Section 4.14 City Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure su ch license and pay the appropriate fees prior to performing any work hereunder.
Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any questio n or interpretation or intent hereunder.
Section 4.16 Integration and Modification
This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any forc e or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a si ngle document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail.
Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreeme nt shall not void or affect the validity of any other provision of this Agreement.
Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY’s request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR’s regular business hours. Upon termina tion or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.
CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY’s use of such documents for any purpose other than the purpose for which they were intended.
8 Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement.
Section 4.21 Federal Transit Funding Conditions
If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control.
Section 4.22 Counterparts and Electronic Signatures
This Agreement and other documents to be delivered pursuant to this Agreement may be ex ecuted in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in “portable document format” (“.pdf”) or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature.
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Section 4.22 Counterparts and Electronic Siqnatures
This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the lnternet), by electronic mail in "portable document format" (".pdf') or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature. lN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written.
ATTEST CITY OF LODI, a municipalcorporation
OLIVIA NASHED
City Clerk
APPROVED AS TO FORM:
JANICE D. MAGDICH, City Attorney
STEPHEN SCHWABAUER
City Manager
INTERWEST CONSULTING GROUP, INC., A
Colorado corporation
By:
Name: Paul Meschino
Title: President
By:
Attachments:
Exhibit A - Scope of Services
ExhibitB-FeeProposal
Exhibit C - lnsurance Requirements
Exhibit D - Federal Transit Funding Gonditions (if applicable) Funding Source: 27081000.72450 & 10061000.72450
(Business Unit & Account No.)
Doc lD:
CA:Rev.09.2022.LT
I
Approach 05
EXHIB IT A
23 THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.
Ability to Perform Scope of Services
Interwest has extensive experience and a proven track record of seamlessly integrating building plan review, building inspection, building official services, and community development technician services as-needed, in a cost-effective manner. Our services consist of providing a single staff member or a complete team. We tailor our staff to fit your specific needs. We have previously provided building plan checkers, building inspectors, building official, and community development technician services to the City and have performed numerous plan reviews for a variety of project types.
What the City Can Expect from their Interwest Team
We are very familiar with the City’s processes, local concerns, expected turnaround times, and the level of service required to continue providing outstanding support to the Building Safety Department. This in-depth understanding and insight into the City’s preferences makes us uniquely qualified to continue providing these services without a “getting to know you” phase that can sometimes lead to service interruptions. Our staff’s quality and training, combined with our proven business practices and a core commitment to customer satisfaction, ensure each client receives the highest levels of contract performance, professionalism, and responsiveness in the industry. All Interwest Team Members will:
• Wear/display proper identification.
• Possess/maintain the licenses/certifications required to perform compliant plan reviews, building inspection and permitting services.
• Be knowledgeable of design principles, local zoning, and topographical site plans. • Remain proficient and knowledgeable of federal, state, and local laws, rules, regulations, directives, codes, and ordinances applicable to their work.
• Offer exemplary customer service while performing their duties and interacting with City staff, elected and appointed officials, construction firms, and the public. • Attend meetings as required by the City.
• Always exhibit professional and courteous conduct and an appropriate appearance during interactions. • Meet all job safety requirements and OSHA safety standards.
City of Lodi, California | Request for Proposals
Building Inspection Division Contract Servces
24 THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.
Project Management Approach
Our project management approach begins with applying
our Plan, Execute, Control, Optimize (PECO) philosophy.
The PECO framework, illustrated to the right, is based on our team’s experience and industry best practices endorsed by the Project Management Institute. We identify, prioritize, allocate, manage, and control the work requirements through this singular, integrated method.
Using the PECO framework illustrated to the right, the
Interwest team delivers a project management approach that combines the right people, processes, and tools to perform the Scope of Services requirements. Our support for the City requires a methodology to operate and maintain all areas of service efficiently. The Interwest team’s process is structured to streamline our resources and provide responsive services.
Successful execution of building support services starts with a responsive team structure that can anticipate and address resource needs.
Our team works on multiple tasks simultaneously, and our organizational structure supports the staff in overseeing this process effectively.
Approach to Communication & Coordination
One of the keys to the efficient and successful flow of information is clear, effective communication. Everyone involved with a contract of this size and scope must be aware of changes, progress, and challenges. We commit to working with you to determine the best ways to communicate the right information to the right people at the right time. Our priority is to ensure the best possible experience working with our team—with minimum impact on the City and its citizens. Meetings are an integral part of the plan, especially at contract start-up, and involve all applicable staff from the City and Interwest. Everyone involved must be aware of progress and changes they can expect going forward. We will prepare communications that can be shared with all City staff, detailing what to expect during contract transition and moving forward. We work with you to develop a schedule and format to meet your needs for aggregate reporting. Report formats may include monthly, quarterly, and annual reports summarizing activity levels,
adherence to performance
metrics, and other items of
special interest to the City.
We ensure our work effort
is clearly communicated
to the City throughout the
contract’s life, adjusting as
necessary. The graphic to
the right is a summary of our
communication plan.
OPTIMIZE EXECUTE
PLAN
CONTROL
direction & coordination
direction & coordination
information
direction, coordination,& information
direct
coordination
daily status
report
2021-SB-HM_035.ai
The PECO framework delivers a
contract management approach
that combines the right people,
processes, and tools to perform
contract work.
City of Lodi, California | Request for Proposals
Building Inspection Division Contract Servces
25 THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.
Plan Review Services
All plans examination services will be performed by a qualified Plans Examiner. For more complex projects and when needed to meet peak workload demands, additional support will be provided from our other regional offices. Our plans examiners understand and are intimately familiar with applicable building codes and plan review procedures and policies and will readily assist with solutions to complicated plan review issues.
Our staff will work with project applicants in a collaborative and professional manner to quickly identify and resolve violations of codes, standards, or local ordinances. They will provide thorough plan reviews in an effort to ensure complete and accurate construction documents to minimize questions and problems during the construction phase of projects.
Technical Capabilities in Plan Check Areas
Interwest staff possesses significant technical capabilities in all areas of plans examination competence. Plans
examiners are licensed engineers or otherwise qualified Plans Examiners with extensive experience providing
plan review services. Plans examination activities will be performed under the direction of a California-licensed
professional engineer and/or licensed architect. Our staff will conduct an accelerated plan review on an as-needed basis as requested by the Building Official.
Non-Structural Life Safety
Interwest’s non-structural plans examiners furnish plan review services for a vast array of projects including large residential, commercial, institutional, industrial, retail, and OSHPD 3 medical office buildings. Many of our plans
examiners are CASp certified. Completed plan review
projects range from single-story residential projects to complex high-rise buildings and numerous building additions and remodels. We are experienced and familiar with the use and application of the most current editions of the following codes:
• Wood
• Masonry
• Heavy Timber/Timber Frame
• Concrete
• Structural Steel
• Cold-Formed Steel Framing
• Straw Bale
• Rammed Earth
• Aluminum
City of Lodi, California | Request for Proposals
Building Inspection Division Contract Servces
26 THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.
Structural
Our California-licensed Structural Engineers have experience designing and reviewing projects utilizing virtually all building materials:
Our engineers have designed or reviewed a wide array of lateral force resisting systems including:
Our structural engineers are experienced with the provisions of most model codes including, but not limited to, current versions of:
Mechanical, Plumbing & Electrical
Interwest’s California-licensed Mechanical and Electrical Engineers are well-versed in the application of California Mechanical, Plumbing, Electrical, Energy, and Green Building Standards Codes:
• Wood
• Masonry
• Heavy Timber / Timber Frame
• Concrete
• Structural Steel
• Cold-Formed Steel Framing
• Straw Bale
• Rammed Earth
• Aluminum
• Steel Moment Frames
• Buckling Restrained Braced
Frames
• Eccentric Braced Frames
• Concentric Braced Frames
• Concrete Moment Frames
• Wood Shearwall Systems
• Masonry Shearwall Systems
• Concrete Shearwall Systems
• Cantilevered Column Systems
• Various Proprietary Lateral
Force Resisting Systems
• CCR Title 24, Part 2, Volume 2
• AISC 341, 358 and 360
• ASCE 7
• ASCE 41
• AISI Standards for Cold Formed
Steel
• ANSI/AF&PA NDS for wood
framing
• ACI 318
• ACI 530 / TMS 402/602
• CA Historic Building Codes
• CA Existing Building Codes
• NEHRP Requirements for Existing
Building
City of Lodi, California | Request for Proposals
Building Inspection Division Contract Servces
27 THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.
Energy Compliance
Our engineers and plan reviewers are up-to-date on all California Energy requirements as they relate to both new and remodel construction on large residential and commercial projects. The Energy Efficiency Standards for Residential and Nonresidential Buildings were established in 1978 in response to a legislative mandate to reduce California’s energy consumption. These standards are updated periodically to allow consideration and possible incorporation of new energy efficiency technologies and methods.
Green Building Standards
Our staff is familiar with the incorporation of CALGreen building criteria into project designs and the resulting potential impact as related to the building codes. In addition, staff members have participated in the development of various “green” standards for super adobe, rammed earth, and straw bale construction, to name a few.
LEED
Developed by the US Green Building Council (USGBC), LEED provides building owners and operators a framework for identifying and implementing measurable green building design, construction, operations, and maintenance solutions. LEED certification consists of a number of different rating systems that apply to many building types—commercial as well as residential and measures how well a building performs across many sustainability metrics, including: energy savings, water efficiency, CO2 emissions reduction, improved indoor environmental quality, and stewardship of resources and sensitivity to their impacts.
Access Compliance – CASp Review
All of Interwest’s CASp-Certified professionals are knowledgeable of state and federal accessibility laws and regulations and possess the expertise necessary to promote access to facilities for persons with disabilities. Our goal is to provide experts in the industry who can perform services for building departments by customizing our services to correspond with our client’s expectations and needs. We work collaboratively with our clients to resolve plan review and inspection-related issues as efficiently as possible, ultimately resulting in an expedited process and successful project.
Our architects and plans examiners are fully trained and familiar with CA Building Code Accessibility requirements and ADA compliance regulations and are available for plan review and/or evaluations and consultation. We offer support to municipalities for compliance enforcement and/or developing a transition plan towards compliance, and successfully partner with the disabled community to address the needs and requirements of both entities.
We can assist our clients in interpreting various issues relating to access compliance, such as access compliance obligations, transition planning, construction costs, construction phasing, code ‘interpretation,’ hardship, and code changes.
• California Fire Code (CFC)
• California Building Code (CBC)
• Local amendments and policies
related to the CFC and CBC
• Adopted National Fire Protection
Standards
• California Health and Safety Code
• Appropriate listings (CSFM, U.L., etc.)
for common systems and materials
• Fire Department Standards
• National Fire Protection Referenced
Standards pursuant to the above
Codes
• Municipal, State or Federal regulations
enforced by Fire Departments and
Fire Districts
• R Title 24, Part 2, Volume 2
• AISC 341, 358 and 360
• ASCE 7
• ASCE 41
• AISI Standards for Cold Formed
Steel
• ANSI / AF&PA NDS for wood
framing
• ACI 318
• ACI 530 / TMS 402/602
• CA Historic Building Codes
• CA Existing Building Codes
• NEHRP Requirements for Existing
Building
City of Lodi, California | Request for Proposals
Building Inspection Division Contract Servces
28 THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.
Flood Zones
Interwest’s staff of engineers and plans examiners have experience in providing plan reviews for projects located in flood zones, as several of our clients have developments that occur in areas prone to flooding.
Interwest’s staff has provided numerous plan reviews for projects located in flood zones using FEMA’s Technical Bulletins as well as the local jurisdiction’s ordinances. In addition, members of Interwest’s staff have participated in state-sponsored committees to establish guideline and regulations for construction in areas designated as flood zones.
OSHPD 3
Our staff of plans examiners has extensive experience in providing plan reviews for OSHPD 3 projects. Our staff is well versed with the OSHPD 3 requirements contained in the California Building Code. We also have OSHPD-certified inspectors available on an as-needed basis.
Fire Code Plan Review
We have a complete staff of experienced and licensed professional fire protection plans examiners and inspectors for your fire life safety needs. Our staff can check plans for compliance with all applicable fire code and standard requirements, including but not limited to the following: ICC Fire Code, Uniform Fire Code, California Fire Code, Life Safety Code, NFPA standards, and your local/regional amendments.
Our Fire Plans Examiners and Inspectors are well versed in the use and application of the following model codes, standards, and regulations:
Code Interpretations
Code interpretations are subject to final review and approval by the Chief Building Official or City designated staff. Interwest’s engineers and plans examiners will provide unbiased recommendations and background information to help the Building Official or Fire Marshal make an informed decision. All plan review comments are subject to review and approval by the City Building Department.
Transporting Plans
Interwest Consulting Group will arrange for all pick-up and delivery of plan review documents from the City at no cost. Interwest uses varied methods of pick-up and delivery with the goal of providing same-day service.
Special Projects and Accelerated Services
Interwest is able to accommodate special project plan review needs such as fast- track, multi-phased, or accelerated plan reviews. We establish project-specific turnaround goals and procedures with City staff for these types of projects based on the complexity of the projects as well as the construction schedule.
Our staff of engineers and plans examiners will work with the City to resolve all plan review issues. Our staff will deal directly with applicants and their designers during the plan review process to resolve all issues in a collaborative manner to resolve plan review issues as quickly as possible.
Communicating Plan Review Results
SUBMIT PLAN
ELECTRONICALLY
REVIEW AND
PRESCREENING
PROCESS
REVISE AND
RESUBMIT
APPROVE AND
PRINT PLANS
ELECTRONIC
PLAN REVIEWS
ePlan Reviews
Reduces production time and provides
reviewers faster access with real time
visibility and easy reporting maintenance.
City of Lodi, California | Request for Proposals
Building Inspection Division Contract Servces
29 THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.
Plan reviews, when not immediately approved, will result in lists of comments referring to specific details and drawings and referencing applicable code sections. Interwest will provide the City with a clear, concise, and thorough document from which clients, designers, contractors, and owners can work. At the completion of each plan review cycle, Interwest will return an electronic and hard copy of the plan review comment list to the designated applicant and City representative. Upon completion of the plan review, after all plan review issues have been resolved, Interwest will provide two complete sets of all final documents annotated as “reviewed” to the City for final approval.
On-Site Consultant Services & Meeting Attendance
Our staff is available for pre-construction or pre-design meetings, field visits, contacts with the design team, and support for field inspection personnel as needed. With some reasonable limitations, pre-construction and pre-design meetings associated with projects that we plan review are considered part of the plan review service. Interwest’s engineers and plans examiners will be available to meet with City staff, the design team, applicants, and/or contractors, at the City’s request, to discuss and resolve plan review and code-related issues.
We will be available within one (1) business day to respond to questions from the City that may be generated during field inspections for each authorized plan check that is subsequently issued a permit for construction. Voicemails, e-mails, and faxes will be responded to as quickly as possible, always within 24 hours.
Electronic Plan Check Services
Interwest currently provides electronic plan review services for multiple jurisdictions throughout California, and we are prepared to provide electronic plan checks for the City. We are familiar with many electronic plan review platforms. More and more jurisdictions are seeing the benefits of electronic permit and plan check, especially for large, complex projects.
Electronic plan check services deliver many benefits to municipalities, including substantially improved turnaround times; instantaneous comments to the developer, applicant, or architect; secured accessibility to documents; and
reduced paper storage. Our staff is experienced in providing electronic plan reviews and can work closely with the City on any electronic plan check software program that is utilized.
Our goal is always to collaborate with and support the
building department by providing thorough, accurate, and timely plan reviews.
Plan Review Tracking Method & Billing Process
Our staff has experience working with most project tracking databases utilized by building departments. Our staff will update electronic records and make project-related database entries as directed by the City. We will create and maintain a Jurisdiction File containing our research on any unique amendments or specifications required by your jurisdiction, billing arrangements, contact information, and any special requests you would like us to keep in mind.
Interwest Consulting Group uses a custom-designed database to maintain and track all plans throughout the review process from the moment you request a pick-up and/or shipment to delivery of the final, approved documents. Information such as project name, City’s project number, assigned plan reviewer(s), date documents were received, plan review cycle and completion date for current review can be provided. In addition to standard phone communication, custom reports can be emailed.
City of Lodi, California | Request for Proposals
Building Inspection Division Contract Servces
30 THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.
Building Inspection Services
Building inspectors qualified to perform residential and commercial inspections can be made available as- needed during normal business hours (40 hours/week). Inspectors can also be flexible to assist during special off-hours by request with advance notice.
Assigned staff will perform inspection services, as needed, to verify that the work of construction is in conformance with the approved project plans as well as identifying issues of non-compliance with applicable building and fire codes. Our field inspection services will include site inspections and writing legible and understandable correction and violation notices and field reports. In addition, we will be available to answer in-person or telephone inquiries.
We understand that municipal codes are frequently updated, so we will ensure that the projects we are inspecting are compliant with current code requirements. More specifically, we will ensure compliance with Title 24 California Building Codes, parts 1, 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11, and 12, covering structural, fire prevention, life safety, disabled access, energy conservation, green building, plumbing, mechanical and electrical installations in residential, commercial, industrial, existing and historic buildings.
Interwest’s ICC / CASp certified inspectors have performed both building and fire inspection services on a wide variety of construction projects including new residential developments, large custom homes, and commercial, institutional, assembly, essential service buildings, and industrial projects. When necessary for large or fast-track projects, multiple inspectors are available.
Interwest’s inspectors will provide field inspections including site inspections of projects to verify conformance with approved drawings and specifications, which will include review of the permit documents to verify that onsite conditions are consistent with the approved documents for square footage, setbacks, heights, and any other applicable conditions. At the completion of inspections, Interwest’s inspectors will complete all necessary City forms and documents as required to provide seamless service.
We understand that personality and customer service are crucial to on-the-job success; therefore, we have selected inspectors who are well versed in customer service and skilled in dealing with people both at the public counter and in the field. All inspection personnel assigned will be ICC and / or CASp certified as required.
Inspector Qualifications & Certifications
Interwest retains inspectors who are motivated to achieve the highest level of experience and certification. We work hard to match your jurisdiction’s level of safety and code compliance. All Interwest inspectors are ICC- certified. Inspection personnel assigned will be able to read, understand and interpret construction plans, truss drawings and calculations, prepare and maintain accurate records and reports, communicate effectively orally and in writing and to work effectively with contractors, the public and general staff. Inspectors will possess knowledge of approved and modern methods, materials, tools, and safety used in building inspection and the most current building standards.
Vitural Inspections
Our staff has begun providing Remote Video Inspections (RVI), which allows for the inspection of a building or building systems using already available video technology. RVI is intended to be a complete and thorough inspection that meets the minimum requirements of the California Codes and local ordinances.
City of Lodi, California | Request for Proposals
Building Inspection Division Contract Servces
31 THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.
Code Compliance & Enforcement
Code compliance and enforcement services are critical to maintaining property values and for attracting new business and residents to the area. However, the building departments in many communities often use unqualified personnel to perform code enforcement. Although well-intentioned, these employees may not be fluent with the latest state, county, and local laws, ordinances, and amendments. Often, citations are issued that end up in a dispute between the recipient and counter staff. Further, the revenue generated from code enforcement does not cover the cost of the code enforcement officer’s salary. The local government must fund code enforcement as an investment in the community.
All Interwest Code Compliance Officers possess the appropriate certifications and registrations and have the required experience to perform code enforcement duties. We keep our personnel up to date on the latest laws and regulations that govern code enforcement. With their thorough knowledge and training in handling disputes respectfully, they will be available to work with your citizens to provide further details about citations or other related issues that surface.
Our employees understand the importance of coordination with your residents, staff, and other departments. As a result, we exercise an appropriate level of professional judgment in resolving issues. We take an educational, proactive, and non-confrontational approach.
An effective Code Enforcement Program improves property values and enhances the presentation to visitors and business prospects. Interwest’s Code Compliance Officers approach compliance issues proactively and rely on education, two-way dialogue, and collaboration to achieve a higher percentage of code compliance than that of a heavy-handed approach. Our Code Enforcement Program is customizable, so our Code Compliance Officers will follow Lodi’s City Council and staff’s direction on how you would like the program to look.
We understand that codes and ordinances can be confusing as well as frustrating. For this reason, our Code Compliance Officers take an educational and personalized approach to service delivery. We will work with residents and business owners to achieve code compliance and reserve the issuance of code violations as a last resort. We treat everyone with respect, whether it is City staff or community members. It is one of Interwest’s core values.
City of Lodi, California | Request for Proposals
Building Inspection Division Contract Servces
32 THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.
We commit to performing all of the Code Enforcement Services responsibilities as outlined in the RFP . The following are some of the deliverables the City can expect from their Interwest Code Compliance Officer:
responsibilities deliverables
• Actively patrol within the incorporated
boundaries of the City
• Actively enforce Code Enforcement Codes
• Act as an educator of ordinances and regulations
• Attends and make presentations to the Mayor
and Council when requested by the City
Manager
• Prepare and maintain all reports, citations, and
other documents for action
• Prepare and maintain all materials for any Court
Action to the Magistrate Court
• Meet with the County Code Enforcement
personnel to prepare for court cases and attend
court sessions
• Patrol assigned area to identify violations of
Ordinances
• Responds to and investigate code violation
complaints
• Contacts, informs, and warns residents of
identified violations and compliance deadlines
• Issues Notice of Violations and follow-up letters
on violation of Ordinances
• Follows up on identified violations to ensure
compliance
• Work with Business License Clerk to ensure
businesses have the required license residents
in obtaining compliance with various ordinances
and laws
• Maintain proper legal records and files with
various ordinances and laws
• Keep daily logs of code enforcement activities
and submit an itemized monthly report of all
activities to the City Manager
• Reports should be in electronic format where
appropriate
• Reports to other agencies shall also be
submitted as required by law
• Actively patrol within the incorporated boundaries
of the City
• Actively enforce Code Enforcement Codes
• Act as an educator of ordinances and regulations
• Attends and make presentations to the Mayor and
Council when requested by the City Manager
• Prepare and maintain all reports, citations, and
other documents for action
• Prepare and maintain all materials for any Court
Action to the Magistrate Court
• Meet with the County Code Enforcement
personnel to prepare for court cases and attend
court sessions
• Patrol assigned area to identify violations of
Ordinances
• Responds to and investigate code violation
complaints
• Contacts, informs, and warns residents of identified
violations and compliance deadlines
• Issues Notice of Violations and follow-up letters on
violation of Ordinances
• Follows up on identified violations to ensure
compliance
• Work with Business License Clerk to ensure
businesses have the required license residents in
obtaining compliance with various ordinances and
laws
• Maintain proper legal records and files with various
ordinances and laws
• Keep daily logs of code enforcement activities
and submit an itemized monthly report of all
activities to the City Manager
• Reports should be in electronic format where
appropriate
• Reports to other agencies shall also be
submitted as required by law
City of Lodi, California | Request for Proposals
Building Inspection Division Contract Servces
33 THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.
The more effective and successful a code enforcement operation is in a community, the less apparent, intrusive, and heavy-handed it will appear. A history of well-crafted and intended community standards, pursued with an attitude of facilitating individuals in understanding the same benefits, yields conditions that become self- sustaining. To that effect, our approach leads to the following:
• Improved staff operating efficiencies
• Current, real-time data available to staff and public • Shorter processing times to gain code compliance
• Improved customer service and education
• Data storage and record-keeping automation
• Reduced complaints
• Increased overall resident and City staff satisfaction Turnaround Schedule
We consistently complete plan reviews within the timeframes (or faster!) for the City of Lodi and we work hard to accommodate any turn-around schedule desired. Multi-disciplinary reviews are typically performed in our offices but we are available for onsite work when required and whenever possible. We understand both the City and the project applicant are looking for quality reviews within a defined time frame.
Denise Reese, Project Manager, will be responsible for managing the time schedule and assuring schedule compliance. Denise will also be in charge of resource allocation of our key personnel committed to the City of Lodi. We can quickly fine-tune staff or staffing levels to match changes in activity to ensure a high level of customer service is maintained. We have picked staff uniquely qualified and experienced to deliver the exact services requested. In addition, we are skilled at assessing time commitments, developing an accurate work plan and applying dedicated, professional personnel.
Plan Review Turnaround Schedule
Type of Job Initial/1st Review Re-Check
Residential
New Construction 10 Business Days 5 Business Days
Addition/Remodel 5 Business Days 5 Business Days
Commercial
New Construction 10 Business Days 5 Business Days
Addition/Remodel/Tenant Improvements 8 Business Days 5 Business Days Large Complex Commercial Projects Turnaround Time Negotiated on a Project-by-Project Basis
Residential Solar PV 3-4 Business Days 2-3 Business Days Please note: Interwest is also able to accommodate special project plan review needs, such as fast- track or expedited reviews. We establish specific turnaround goals and procedures with jurisdiction staff for these types of projects.
City of Lodi, California | Request for Proposals
Building Inspection Division Contract Servces
34 THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.
Quality Control/ Quality Assurance
Interwest prides itself in meeting clients’ needs while maintaining a high level of quality control. Our approach is proactive—we prevent quality issues to the greatest extent possible and prepare for other situations in advance by mitigating risk. To ensure quality, Interwest has implemented a Quality Assurance/Quality Control (QA/QC) program where our Project Manager performs random quality evaluations of our staff throughout the year. Interwest’s QA/QC activities include:
Standardized processes for intake, completion of returned work, email correspondence, review comment letters, and other items to ensure consistency and client satisfaction (e.g., logging review data into each municipality’s system).
Our Project Manager conducts periodic reviews to ensure completeness, accuracy, and consistency of work performed.
• Periodic peer review of others’ plan reviews.
• Staff feedback as necessary for any discrepancies or improvements needed. • Staff is paid to attend both internal and external training to grow professionally and improve skill sets. • Account Manager conducts periodic check-ins with clients for feedback on satisfaction with work performed and services provided.
• Sending periodic customer satisfaction surveys for feedback on work performed and services provided. • Interwest uses both check-ins and surveys to find possible opportunities to improve client satisfaction, work performed, and services provided, as necessary.
• Given Interwest’s comprehensive approach to management and plan review, the probability of risk is low.
As part of our QA/QC process, we ensure that Interwest standards are met. We involve the City in the entire process to maintain transparency.
City of Lodi, California | Request for Proposals
Building Inspection Division Contract Servces
06Fee Schedule
EXHIB IT B
36 THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.
Fee Schedule
Beginning on the 1st anniversary of the Effective Date of the Agreement and annually thereafter, the hourly rates listed below shall be automatically increased based upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof, Consumer Price Index (United States City Average, All Items (CPI-U), Not Seasonally adjusted, All Urban Consumers, referred to herein as the “CPI”), unless a mutually agreed upon rate increase is established. Such increase shall not exceed 5% per annum. The increase will become effective upon publication of the applicable CPI data. If the index decreases, the rates listed shall remain unchanged.
Plan Review Services
Residential 70% of City's Plan Review Fee*
Small Commercial (< $5 million) 65% of City's Plan Review Fee* Large Commercial (> $5 million) 60% of City's Plan Review Fee* Structural Only Plan Review 50% of City's Plan Review Fee* Architectural/MEP Only Plan Review 35% of City's Plan Review Fee* Expedited Plan Review 1.5 x % fee above OR hourly rate below Hourly Plan Review, including plan review of
deferred submittals, revisions to the approved
plans, and subsequent reviews after 3rd review
$140/hr - Licensed Plan Check Engineer/Architect
$130/hr - ICC Senior Plans Examiner
$110/hr - ICC Plans Examiner
Civil Plan Review $150/hr
Fire Protection Engineer $145/hr
Senior Fire Plans Examiner $125/hr
Fire Plans Examiner $110/hr
Roof Mounted - Residential Solar Plan Review $165 Flat Fee Ground Mounted - Residential Solar Plan Review $330 Flat Fee *Percentage of Fee Plan Review only covers 3 review cycles (1 initial review and 2 rechecks) and does not include civil and fire plan review. Civil and Fire Plan Review will be provided as hourly plan review.
City of Lodi, California | Request for Proposals
Building Inspection Division Contract Servces
EXHIBIT C
NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City’s online insurance program requesting you to forward the email to your insurance provider(s) to submit the required insurance documentation electronically
Insurance Requirements for Design Professionals- Architects/Engineers
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations , property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non- owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limits not less than $2,000,000 per occurrence or claim.
Other Insurance Provisions:
(a) Additional Named Insured Status
The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts , or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used
(b) Primary and Non-Contributory Insurance Endorsement
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
(c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Lodi has received a waiver of subrogation endorsement from the insurer
NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of the project that it is insuring.
(d) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies.
(e) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240.
(f) Continuity of Coverage
All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor’s insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.).
(g) Failure to Comply
If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1st) day of the month following the City’s notice. Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities.
(h) Verification of Coverage
Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Failure to exercise this right shall not constitute a waiver of the City’s right to exercise after the effective date.
(i) Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. (j) Insurance Limits
The limits of insurance described herein shall not limit the liability of the Cont ractor and Contractor's officers, employees, agents, representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials , employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of insurance.
(k) Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors
(l) Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
(m) Qualified Insurer(s)
All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least “A-, VI” by the AM Best Ratings Guide, and which are acceptable to the City. Non-admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements.
1 AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on ______________, 2022, by and between the CITY OF LODI, a municipal corporation (hereinafter “CITY”), and BUREAU VERITAS NORTH AMERICA, INC. , a Delaware corporation (hereinafter “CONTRACTOR”).
Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference.
CITY wishes to enter into a n agreement with CONTRACTOR for Building Codes Plans Examining, Building Codes Inspection, Fire Codes Plans Examining, Fire Codes Inspection, and Code Enforcement Services (hereinafter “Project”) a s set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction o f CITY, shall perform the Scope of Services as set forth in Exhibit A.
Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropria te time frames.
The review time by CITY and any other agencies involved in the project shall not be 2 counted against CONTRACTOR’s contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments.
Section 2.3 Meetings
CONTRACTOR shall attend meetings as may be set forth in the Scope of Services.
Section 2.4 Staffing
CONTRACTOR acknowledges tha t CITY has relied on CONTRACTOR’s capabilities and on the qualifications of CONTRACTOR’s principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CI TY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY’s sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR’s project staff prior to any change.
CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or wil l have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and app rovals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement.
Section 2.5 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement.
Section 2.6 Term
The term of this Agreement commences on November 1, 20 22 and terminates upon the completion of the Scope of Services or on October 31, 2024, whichever occurs first.
3 ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR’s compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference.
CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY.
Section 3.2 Method of Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise ag reed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR’s compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal.
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above tho se inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY.
Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request , CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaini ng to performance of this Agreement.
CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpo se of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement.
4 ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not discriminate in the employm ent of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Compliance
In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expen ses (including reasonable attorney’s fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR , any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence , sole negligence, or sole willful misconduct of the City of Lodi , its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including witho ut limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein.
Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement.
5 Section 4.5 Responsibility of CITY
CITY shall not be held resp onsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein.
Section 4.6 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference.
Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY.
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or u pon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows:
To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Stephen Schwabauer
To CONTRACTOR: Bureau Veritas North America, Inc.
180 Promenade Circle, Suite 150
Sacramento, CA 95834
Attn: Craig Baptista
Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services.
Section 4.10 CONTRACTOR is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of 6 the services and wor k to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof.
Section 4.11 Termination
CITY may terminate this Agreemen t, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase.
Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain con fidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as “Confidential” or “Proprietary”, except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to th e California Public Records Act.
Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney’s Fees This Agreement shall be governed by the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be i n force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney’s fees from the party who does not prevail as determi ned by the San Joaquin County Superior Court.
7 Section 4.14 City Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder.
Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any ques tion or interpretation or intent hereunder.
Section 4.16 Integration and Modification
This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any f orce or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail.
Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agre ement shall not void or affect the validity of any other provision of this Agreement.
Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, wheth er or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY’s request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR’s regular business hours. Upon term ination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.
CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY’s use of such documents for any purpose other than the purpose for which they were intended.
8 Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement.
Section 4.21 Federal Transit Funding Conditions
If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control.
Section 4.22 Counterparts and Electronic Signatures
This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in “portable document format” (“.pdf”) or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper docum ent bearing an original signature.
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Section 4.22 Counterparts and Electronic Siqnatures
This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsímile transmission (including a facsimile delivered via the lnternet), by electronic mail in "portable document format" (".pdf') or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature. lN WTNESS WHEREOF, Clry and CONTRACTOR have executed this Agreement as of the date first above written.
ATTEST: CITY OF LODI, a municipalcorporation
OLIVIA NASHED
City Clerk
APPROVED AS TO FORM:
JANICE D. MAGDICH, City Attorney
By:
STEPHEN SCHWABAUER
City Manager
BUREAU VERITAS NORTH AMERICA, INC., A
Delaware corporation
By:
Name: Craig Baptista
Title: Vice President, Facilities Division
Attachments:
Exhibit A - Scope of Services
ExhibitB-FeeProposal
Exhibit C - lnsurance Requirements
Exhibit D - Federal Transit Funding Gonditions (if applicable) Funding Source: 27081000.72450 & 10061000.72450
(Business Unit & Account No.)
Doc lD:
CA:Rev.09.2O22.LT
I
BUREAU VERITAS 180 Promenade Circle, Suite 150, Sacramento, CA 95834 P 916.725.4200 | F 916.725.8242 | www.bvna.com
014
C. SERVICES UNDERSTANDING
Approach to Services
a. Complying with the Scope of Work
We have the extensive capacity and a large pool of licensed and certified building safety experts who are equipped to handle all of the City’s needs. Our professionals have considerable experience in commercial, residential, industrial, energy, and institutional projects of all sizes and complexities, allowing them to tailor solutions specifically to the City’s needs. BVNA and our proposed, locally-based staff.
BVNA and our proposed, locally-based staff have a long-established history working for the public agencies and nearby municipalities to perform in-house and outside plan check, inspection, civil and other building department services.
Consequently, we can leverage a breadth of code compliance and permit processing expertise to meet the needs of the City, and offer highly qualified engineers and ICC certified staff who are in close proximity and can quickly respond to the City’s needs.
CARE PROGRAM – A PROVEN, FORMALIZED & INTEGRATED PLAN REVIEW
PROCESS
Our CARE Program is a formalized and integrated process whereby coordination, analytical, review, and expert management/ quality control functions are consistently implemented. This system’s success is based on thousands of hours of practical experience by our dedicated personnel and their unique ability to interact quickly and efficiently with your staff. Bureau Veritas provides you with a staff extension that will bind the varying interests of your operations, the citizens you serve, and legal and regulatory considerations into a dynamic, flexible working system. The specific roles of each of our CARE elements include:
• Coordinator: The Coordinator is the first line of contact for each project submittal and, along with other members of the clerical staff, handles various administrative functions, such as logging information (project tracking, time budgeting), managing project controls, maintaining and distributing communications, reviewing agendas and ordinance issues, and fielding calls on project status. • Analyst: Our Analysts review submittals, title sheets, and non-design items; maintain files; monitor due dates; monitor contract budget and status tracking reports; and coordinate invoicing. Our Analysts also maximize and “right place” staff resources to meet turnaround times in a quality manner. When assigning resubmittals to staff, our Analyst ensures consistency by passing the project to the same Reviewer that performed the previous reviews. Reassignments are done when unforeseen circumstances dictate.
• Reviewer: Our experienced Plan Reviewers routinely review agency standards, ordinances, guidelines, and checklists; create comments letters; coordinate project return with the Coordinator; attend review meetings; and communicate questions/ solutions to project stakeholders. Because of our depth of resources and project tools (checklists, corrections letters), reassigned projects can be reviewed without missing deadlines or causing unnecessary rechecks. • Expert: Our Experts provide the final quality assurance review of applicable plans, studies, and reports in accordance with all accepted engineering, Subdivision Map Act, and industry professional practices. Experts shall comply with the applicable regulations, visit the client contact regularly, monitor project progress with the Reviewer, disseminate project/agency information to the team, train team members, peer review comments letters, and communicate questions/solutions to stakeholders. Our Experts provide the quality assurance reviews to each project to minimize the number of resubmittals.
Plan Review Turnaround Times
At your request, BVNA can provide plan review activities on a fast-track basis. Turnaround times for each submittal will relate to the size and nature of the project and its impact on the construction schedule.
EXHIBIT A
BUREAU VERITAS 180 Promenade Circle, Suite 150, Sacramento, CA 95834 P 916.725.4200 | F 916.725.8242 | www.bvna.com
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C. SERVICES UNDERSTANDING
To reduce turnaround times for plan review, we can use electronic submittals, phased submittals, conference calling, and videoconferencing. BVNA has built long-term partnerships with agencies. We understand that accuracy, efficiency, and integrity in all aspects of professional services are required. Testimony to our professional excellence is the fact that we have provided services to many of our municipal clients since their incorporation. Because of our large pool of accessible resources we are able to assemble experienced personnel in order to help with project schedule recovery when necessary. Our team will maintain efficient turnaround times on all reviews as a key measurement of our performance for our plan review services.
BVNA will also accommodate preliminary reviews to facilitate fast tracked or accelerated projects. This will aid with timely turnaround and create good public relations. If applicants include designs that do not conform to the prescriptive requirements of the codes, the City’s designee will have final approval over the plan being reviewed. Our staff will make recommendations for the resolution if requested. We are also available to meet with agency staff or others as needed to discuss our findings.
Typical turnaround times for plan review are as follows (all numbers are business days):
Initial Check Recheck Expedited Initial
Review
Expedited
Recheck
Commercial 10 7 5 3
Residential 10 5 5 3
Complex, large, or unusual project 15 10 * *
*Turnaround times for unusually complex or large projects can be negotiated.
Project Review Meetings
Our personnel assigned to City projects are available to attend meetings at the City to address questions or discuss issues with the City staff, design team and/or construction team that may arise on a project. Our designated representative will attend staff, board, and council meetings as required and mutually agreed upon. This individual will be available to provide guidance for City staff, applicants, designers, and contractors. Our team will be available to attend project review meetings with the City as well as federal and state agencies. This service also includes attending and presenting to Design Review Committee, Planning Commission, and City Council meetings, as needed.
Pick Up and Delivery
BVNA assumes responsibility for the pickup and return of plans. All plans shall be picked up from the City offices within 24 hours of notification. Should the volume of work be sufficient, we propose to establish regular pick up of plans on a consistent basis. We will also utilize shipping courier, at no additional cost to the City.
Virtual and Remote Inspection Capabilities
The firm has deployed remote inspection, remote supervision, and augmented inspection services in multiple cases and for municipal clients throughout the United States. The firm is pleased to be in a position to leverage this experience to help assist the way it does business in order to elevate safety, quality, and efficiency. The firm strongly believes in the long-term value of these digital platforms in providing options in how inspection services are executed. BV’s remote inspection services ensure the firm can keep its employees and City staff safe by eliminating direct contact and adhering to social distancing best practices and keep critical tasks moving forward in the face of possible travel and construction site access restrictions.
BUREAU VERITAS 180 Promenade Circle, Suite 150, Sacramento, CA 95834 P 916.725.4200 | F 916.725.8242 | www.bvna.com
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C. SERVICES UNDERSTANDING
One of the tools BVNA uses is NAMS. NAMS is a means to
obtain BVNA’s objectives of quality excellence as prescribed by the BVNA business model. In order to achieve our goals, BVNA has implemented processes and procedures intended
for application at all levels of the organization.
The management system has been implemented and
maintained with the aim of satisfying our customer’s needs and expectations. In order for NAMS to be effective, the policies and procedures are implemented, continuously
monitored and updated.
BVNA maintains the effectiveness of the management
system.
The customer feedback is provided through a variety of
avenues, examples include the use of a satisfaction survey or face-to-face/on-site communication. Once the customer feedback has been received, the management team then
analyzes, measures, and implements the improvements
required for quality excellence. The cycle continues until the customer’s needs and expectations have been satisfied.
BVNA also utilizes the CARSys Issues Tracking program.
CARSys is an improvement tool, which provides a closed- loop process for the management of customer and internal concerns and corrective/ preventative actions that result from the concerns or issues. With the flexibility of CARSys, BVNA is able to Identify, Act, Implement and Verify issues. c. Statement that Firm is Independent and without
Conflicts of Interest
BVNA is an independent firm and properly licensed in
California. BVNA warrants and represents that it presently has no interest and covenants and that it will not acquire any interest, direct or indirect, that represents a financial conflict of interest under state law or that would otherwise conflict in any manner or degree with the performance of the Work.
b. Quality Control, Customer Service and Project
Management
As an ISO 9001 certified firm, BV undergoes systematic, independent audits of its management systems to meet
rigorous objectives and provide continuous improvement
in key areas. The firm consistently incorporates proven best practices and protocols as part of its quality management system to meet and exceed ever-increasing customer
requirements. These tools include implementation of an
established quality assurance/quality control program using for the intake, track, and review of plans to enhance quality and streamline processing/approval; electronic plan review to expedite turnaround times which save time and money; and the utilization of web-based document control system which fosters collaboration, 24/7 access to documents and reports, and enhances overall communication. Policies are implemented at each professional and technical level to provide a well-balanced, independent QA program, which
assures the quality of reports, technical reviews, annuals, and other documentation prepared by BV. This ensures the product is consistent with the established standards from the standpoint of quality, validity, and legal defensibility.
The BVNA team has a two-step approach to ensuring the
delivery of high quality services.
BVNA is subject to regular controls and audits by authorities and accreditation bodies to ensure that its procedures, the qualification of its personnel and its management
systems comply with the applicable standards, norms,
references or regulations. To maintain the accreditations and certifications, quality assurance methods are built into every function of our service. Quality assurance is achieved through a number of systems and tools.
• Service goals for timeliness, quality and professionalism are defined and tracked
• Training and education is required
• Random audits are performed
• Documented procedures are accessible, monitored, and
updated
• Utilization of North America Management System (NAMS) and Corrective Action Response System (CARSys)
BUREAU VERITAS 180 Promenade Circle, Suite 150, Sacramento, CA 95834 P 916.725.4200 | F 916.725.8242 | www.bvna.com
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D. FEE PROPOSAL
Building Plan Review Fees
65% of the building plan check fees collected by the City of Lodi Key Personnel Hourly Billing Rate*
Senior / Structural Plan Review Engineer/Fire Protection Engineer $145 M/E/P Plan Review Engineer $135
CASp $135
Plans Examiner $120
Senior Inspector $105 - $120
Inspector $90 - $105
Permit Technician $65 - $80
Fire Marshal $140
Fire Plans Examiner $135
Fire Inspector $110 - $125
Rates are non-union and non-prevailing wage- for any prevailing wage projects, BV will discuss rates with the City to account for the Prevailing Wage requirements. All employees classified as “non-exempt” by the U.S. Department of Labor will be compensated at 1-1/4 times salary for overtime hours as per State and Federal wage and hour laws. No overtime will be charged without prior consent.
*Pricing assumes that this contract is non-prevailing wage - for any prevailing wage projects, BVNA will discuss rates with the City to account for the California Prevailing Wage requirements. *Hourly rates will be utilized for projects exceed three total checks, revisions to approved plans, and in-house positions.
Rates are subject to annual increase in accordance with CPI.
Overtime: All Employees classified as · non-exempt” by the U.S. Department of Labor will be compensated at 1-1/2 times salary for overtime hours as per State and Federal wage and hour laws. No overtime will be charged without prior consent.
Reimbursables: Reimbursement for employee or company owned vehicles used in connection with the work will be at the current I RS rate.
CITY OF LODI—BUILDING INSPECTION DIVISION
CONTRACT SERVICES
SEPTEMBER 8, 2022
FEE SCHEDULE
EXHIBIT B