coo
>{Zau-r
tecro>Qoalcimzm
3m
=-{
@
e6
Jot
2c
3C'o:r
i
=.D
(cl
do3o:t
oo3o
do.
5'
octo
3oof
=o
o
o
C"
oo-of
a
o
o):t
CL
oaooo
:oc
o
=!t,
:t
s,
a4sEE;r='tt6otrJo O'30(ct f
='oOLo=
=.ff(cl
SeqrY
"Ed-<:-
.g:olO
a9
='fif;so1
=.v
3aU'E(DT
35ooooo)fgr6
Egaooc
+Er(5moxorcL6io
='E>Eo-+O
=<-.n']o'
-€
l$
-{
=o
o
3o
3 6',
(cl
do3of
(n
0)o
o-
o€ln
c,f
o(t,
oo3o5
CL
oo.
0)
o
o.ooo
=.cto
CL
3'
mx
=g
o)5
CL
moxoJ.Icr
do
=a8so*.o9".o
NoNt\t
o
3 lq)
ooo
=CD
(,.)
o
NoN
or
90 {
o
3o)
x.
3c3
fo
oox
ooo
CL
0,
3oc
=
o
cto!to)
d
o
ooJ
!tc,
o
='a.cg
fGI
q)
c:to
=.No
_cL
d.
3ctcoo3of
o
oxEoJ(t,
o
!t,
.o.'
a
o
3o
=6',
I
=.a J
=o o
=rc' ()
*il:lgo='6dd
os0eogemmmmmmmxxxxxxx
=======ggsssgg
oTtm0o@>1l ltttt
f ilgH$R f
+eHgiildc o) f a'-- -= =.orX oO- c, -5 -r
,e Ag? Fil 5i'o *J EE9O LraCL
eo " X3:o 6f9 6'(''
J
CL -r=oo=fJcn v,
+8'cL
=of(r,
;o!t
d<t
i5.
o
=o
*
C'o5
ma,
0l 5'>< o(cr
:9 axTt o
=o=cLoi o
=d3H 3s
^ffgo9.*-A
== *6'8.;>o i(O ^. 0)
$erI qd
i;1.
a€
Bd=odEl5
r+O
d3oQq)E
=JiD'oU'1
otu,
€t(D:to6'
6.=g€
3p_
n
=
={zmoo
€.r-
Eg
aoe
=D
ooxo
oE
oc
->
=o
a-too
3o:'F
o
CN
ooo:tv,c
of
ln
5o
oo
={v
o{o7
-t
oof
iloo
o
zolf
o
o
=ro
=o,5
o,J
3'o.
dc
-eL
(t,
A)
o
€
=o
=o
A)
oo
Eo
ts
=.o
-J
ttq)
f3oa
=rF'
o
s,
c)o
No
CL
CN
(cI
:o,
g
d
0qt
o
'o
=.f
oo.
zot
3o
o)
fo.
Jito
To
C"
o5
a,(E'
=.J(a
('l
ctr
o
1'
GI
-1.3
0 -o
'nooo
lo
l:s
lot>
l<oIA
CL
CL
do(t,
@
I,voo
=at,
c
oo:t
o
C)
o
aCt
L
1l
=o
CL
zo,
3o
o)
J
CL
J=oo
-o
o
aof
Nt\)o
'n
q)
ta.o
o
o
o
_o
ac
o
soI
o)Ol
-o
m
0o
ts
CL
o
=
o
@or
o)N
o
ooz{v
o{on
N
oo
o
€
=o
=o
ooo
tto
ts
=.o
-:t
Eqt
;l!\e'o-$=l!,
c$;o0'('\ Y
\
ooo
CL
CL
d
an
Q
vos
st
9)NN
ao
.It
o(0
o
J
o
N
May 11, 2022
Cyrus Kianpour President
Attachment C
o
=o.|t
a{
Ix-lo2
{o
t€cA@
..! O
Fo€
=D
=o
I
tr,D
o
m
No
vooilD
o
=-o
o
oo*
itr
b3
=c,ga
agdqof,
-
B
3o
Ev:!,o
N
ctt
o
!oGIo
tr'o
It
Attachment C
1 EXHIBIT A
STATEMENT OF WORK
1. P roject Objectives
Provide on-call building code plan review, structural engineering plan review, and inspection services, including CASp compliance and OSHPD 3 certification, services for the Community Development Department Building & Life Safety Division. These services will be on an as-needed basis to meet service delivery goals in an efficient, timely, and professional manner.
2. P
roject Scope
The Contractor shall provide on-call building code plan review, structural engineering plan review, and inspection services, including CASp compliance and OSHPD 3 certification, and permit processing services to private and public sector clients. The general scope of work includes but is not limited to building code plan review and structural engineering plan review for substantial compliance with all adopted California building codes and standards, related to proposed building construction. The Contractor shall submit complete, clear, and concise correction lists back to the City within the prescribed timeframes. The Contractor must have experience with the processes, procedures, ordinances and permitting, including plan review for conformance with conditions of approval along with local and other applicable (City, County, State and Federal) ordinances and standards that are necessary to provide these services and complete the assigned projects.
The Contractor shall provide all equipment and tools necessary to perform the services outlined above including, but not limited to, computers, code books, cell phones, vehicles, etc. All plan reviewers and inspectors provided by the Contractor shall possess all necessary and current certifications required by state law and shall continue to receive state-mandated continuing education. Such education is to be provided by Contractor at the Contractor’s sole cost.
The Contractor shall be available for technical support on an as-needed basis.
This may include but not be limited to pre-design, post plan review, pre- construction or site meetings with City staff and/or permit holders, designers or other interested parties.
3. S
pecifications
Attachment C
2 • Contractor must have the ability to perform plan reviews and accept project submittals from the City through the Bluebeam Revu® software platform.
• Employees of the Contractor performing services at City facilities or at project sites within city limits must have photo identification badges. • Contractor shall complete the initial plan review and all subsequent rechecks within an agreed upon timeframe. The City’s Building Official may, upon demonstration of good cause, extend the timeframe at his or her sole discretion.
• Contractor shall have the ability to provide expedited plan review services upon request of the City’s Building Official for an agreed upon fee as identified in Exhibit E Compensation.
• Contactor shall have the ability to provide Certified Access Specialist (CASp) expertise upon request of the City.
• Contractor shall meet with City staff and/or applicants upon request with 48 hours’ notice.
• Contractor staff providing services shall possess the necessary skills, experience, and certifications required by law.
4. M
ajor Deliverables
4.1 P lan Review Services:
Contractor shall perform plan reviews as requested by the City to verify compliance with the City of Stockton Municipal Codes and the current edition of the California Code of Regulations, Title 24, Parts 1 (Administrative Code), 2 (Building Code) (vol. 1 & 2), 2.5 (Residential Code), 3 (Electrical Code), 4 (Mechanical Code), 5 (Plumbing Code), 6 (Energy Code), 8 (Historical Building Code), 9 (Fire Code), 10 (Existing Building Code), 11 (Green Building Standards Code), and 12 (Reference Standards Code). Plan reviews shall cover structural, fire & life safety, accessibility compliance, energy conservation, green building, plumbing, mechanical, and electrical installations in residential, commercial, industrial, existing, and historical buildings.
Contractor shall develop and furnish the City’s Building & Life Safety Division and applicant with a complete and legible list of all corrections for each plan review performed.
o The plan review corrections shall be in the form of electronic markups made directly on the plans and other project documents. o Plan review corrections shall comply with graphic standards as prescribed by the City for consistency and integration into the overall City review process.
o Separate plan review correction letters shall only be utilized in special cases where additional detail and explanation is required.
Attachment C
3 When the plan review process is complete and the plans are deemed in full code compliance, the Contractor shall electronically stamp and sign the electronic plans and corresponding documents. Each page of the plans and corresponding documents must be stamped. The stamp shall include the company identification, scope of Contractor’s review, and a mark of approval.
Contractor shall meet or exceed the City’s requirements for plan review turnaround times. Maximum time frames for delivering services are in Exhibit F Timeline.
4 .2 Inspection Services:
Contractor shall provide combination building inspections to verify compliance with the City of Stockton Municipal Codes and the current edition of the California Code of Regulations, Title 24, Parts 1 (Administrative Code), 2 (Building Code) (vol. 1 & 2), 2.5 (Residential Code), 3 (Electrical Code), 4 (Mechanical Code), 5 (Plumbing Code), 6 (Energy Code), 8 (Historical Building Code), 9 (Fire Code), 10 (Existing Building Code), 11 (Green Building Standards Code), and 12 (Reference Standards Code). Combination inspections shall cover structural, fire & life safety, accessibility compliance, energy conservation, green building, plumbing, mechanical, and electrical installations in residential, commercial, industrial, existing, and historical buildings.
Combination inspection shall include onsite inspections, writing legible and understandable correction notices and field reports, inputting inspections results electronically in the City’s permitting software, coordinating inspection windows with customers, and answering in-person or telephone inquiries. Contractor shall input inspection results electronically into the City’s permitting software program within a reasonable time frame following the completion of the inspection, but no later than end of business day on the same day the inspection was completed.
5. T
asks That Support the Deliverables
5.1 P lan Review Services:
All plan review submittals, including resubmittals, shall be submitted directly to the City. The City will electronically transmit all plans and corresponding project documentation to the Contractor for review and approval. The City will transmit all plan review projects to the Contractor through the Bluebeam Revu® software platform using the standard built-in invite function of Bluebeam. The Contractor must have Bluebeam capability; separate plan upload portals, file shares, or email systems will not be utilized by the City.
Attachment C
4 Contractor shall ensure that all projects are properly coordinated and tracked by following an established internal plan review coordination process. Contractor shall notify the City promptly if any information is missing from the submittal that would prohibit their ability to perform in accordance with this contract.
Contractor shall meet with applicants as necessary to answer questions and assist in addressing plan review comments. If a project cannot be approved after two (2) cycles of review, the Contractor shall promptly notify the City of the outstanding items. A subsequent meeting will be coordinated by the City, of which the Contractor is required to attend, with the applicant to resolve the outstanding items.
5 .2 Inspection Services:
The City shall provide a daily inspection route sheet to the Contractor inclusive of inspection location, description of work, type of inspection requested, and applicant contact information. The City shall provide access to permit tracking software and other electronic platforms necessary to view, conduct, and record inspections.
All inspectors provided by the Contractor shall be equipped with all necessary tools, equipment, and code books as required to facilitate the inspection process. Contractor shall make every effort to complete their full list of inspections each day through standard industry practices such as coordinating inspection windows with the applicant, making phone calls ahead of arrival, and conducting follow up inspections as time permits.
6. I
nternal and External Standards and Guidelines
To be provided by the City as requested when internal/external standards or guidelines are applicable.
7. C riteria of Acceptance for Deliverables
All deliverables/services shall be acceptable to the City’s Community Development Department as determined by the City Building Official or designee.
8. N
otices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:
Contractor 1: CSG Consultants, Inc. City: City of Stockton Attn: Cyrus Kianpour Attn: City Manager
550 Pilgrim Drive 425 N. El Dorado Street
Foster City, CA 94404 Stockton, CA 95202
Attachment C
5 Contractor 2: BPR Consulting Group, LLC
Attn: Ron Beehler
2201 Francisco Drive, Suite 140-658
El Dorado Hills, CA 95762
9. K
ey Personnel
Contractor 1: Bob Latz Cyrus Kianpour
Regional Manager President
209-304-4603 650-522-2500
[email protected] [email protected]
Contractor 2: Ron Beehler Bill Rodgers
Principal-in-Charge Principal/Project Manager
916-204-3178 916-662-0665
[email protected] [email protected]
Rodger Peterson
Principal/Plan Review Manager
916-202-2902
[email protected]
10. O ption to Renew.
The initial three-year term of the Agreement may be extended up to two one-year extensions by a written amendment executed by both parties. However, the total term of the Agreement including the extended term shall not exceed five (5) years.
Attachment C
NOTE: The City of Stockton 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).
Exhibit B:
Insurance Requirements for Consulting S ervices
Consultant 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 by the Consultant, its agents, representatives, or employees.
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 $1,000,000 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: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance 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.
(Not required if Consultant provides written verification it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. (If Claims-made, see below.)
It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Attachment C
Insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements of this agreement are sufficient to cover the obligations of the Consultant under this agreement.
Limits of Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The C ity of Stockton , its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant 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 Consultant’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). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
Primary Coverage
The Additional Insured coverage under the Consultant’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self- insurance and shall be at least as broad as CG 20 01 04 13. The City of Stockton does not accept endorsements limiting the Consultant’s insurance coverage to the sole negligence of the Named Insured.
Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City of Stockton.
Waiver of Subrogation
Attachment C
Consultant hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Consultant 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 Stockton has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Consultant, its employees, agents and subcontractors.
Self -Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Stockton may require the Consultant to purchase coverage with a lower retention or 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 of Stockton.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.
Claims Made Policies (note – applicable only to professional liability)
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.
Attachment C
Verification of Coverage
Consultant shall furnish the City of Stockton with 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 of Stockton Risk Services 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 of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Consultant shall, prior to the commencement of work under this Agreement, provide the City of Stockton with a copy of its declarations page(s) and endorsement page(s) for each of the required policies.
Subcontractors
Consultants shall require and verify that all subcontractors, or other parties hired for this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in this agreement to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract. Consultant shall include the following language in their agreement with Subcontractors: Subcontractors hired by Consultant agree to be bound to Consultant and City in the same manner and to the same extent as Consultant is bound to City under the contract documents and provide a valid certificate of insurance and the required endorsements included in the agreement as proof of compliance prior to commencement of any work and to include this same requirement for any subcontractors they hire for this work. A copy of the owner contract document indemnity and insurance provisions will be furnished to the subcontractor upon request
. Consultant shall provide proof of such compliance and verification to the City upon request.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:
City of Stockton Attn: City Risk Services
400 E Main Street, 3
rd Floor – HR
Stockton, CA 95202
Attachment C
1 (Rev. 10.30.18; Mod 10.28.20 SG; Mod 05.06.22 TJ/TC)
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.
2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expe nse, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.
3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.
3.1 Invoices submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice.
3.2 Upon completion of work and acceptance by City, Contractor shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liabi lity to pay any invoice for work performed which the Contractor fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.
4. Sufficiency of Contractor’s Work . All Contractor serv ices, work, and deliverables shall be performed in a good and workmanlike manner with due diligence in accordance with the degre e of skill normally exercised by similar contractors supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor’s work shall be adequate and sufficient to meet the purposes of this Agreement.
5. Ownership of Work . All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments s hall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree Attachment C
2 (Rev. 10.30.18; Mod 10.28.20 SG; Mod 05.06.22 TJ/TC)
to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense.
Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.
6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure o f Contractor to comply with the time limits described in Exhibit A and Exhibit F may result in economic or other losses to the City.
7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.
8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.
9. Contractor’s Status.
9.1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or powe r vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer- employee relationship or a joint venture.
9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's
Attachment C
3 (Rev. 10.30.18; Mod 10.28.20 SG; Mod 05.06.22 TJ/TC)
control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.
9.3 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.
9.4 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.
10. Subcontractor.
10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Agreement.
Subcontractors will be provided with a copy of the Agreement and be bound by its terms.
Contractor is responsible to City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.
10.2 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Contractor.
10.3 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor’s personnel.
11. Termination.
11.1 Termination for Convenience of City . The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received.
Attachment C
4 (Rev. 10.30.18; Mod 10.28.20 SG; Mod 05.06.22 TJ/TC)
11.2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party’s option, may terminate this Agreement by giving written notification to the other party.
11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.
12. Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors.
13. Indemnity and Hold Harmless . To the fullest extent permitted by law, Contractor 1 (CSG) shall hold harmless, defend at its own expense, and indemnify the City of Stockton, its officers, employees, agents, and volunteers, against any and all liability, claims, losses, da mages, or expenses, including reasonable attorney’s fees, arising from all acts or omissions of CSG or its officers, agents, or employees in rendering services under this contract; excluding, however, such liability, claims, losses, damages, or expenses arising from the City of Stockton’s sole negligence or willful acts. The duty to defend and the duty to indemnify are separate and distinct obligations. The indemnification obligations of this section shall survive the termination of this agreement.
To the fullest extent permitted by law, Contractor 2 (BPR) shall hold harmless, defend at its own expense, and indemnify the City of Stockton, its officers, employees, agents, and volunteers, against any and all liability, claims, losses, damages, or expenses, including reasonable attorney’s fees, arising from all acts or omissions of BPR or its officers, agents, or employees in rendering services under this contract; excluding, however, such liability, claims, losses, damages, or expenses arising from the City of Stockton’s sole negligence or willful acts. The duty to defend and the duty to indemnify are separate and distinct obligations. The indemnification obligations of this section shall survive the termination of this agreement.
14. Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set for th in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.
Attachment C
5 (Rev. 10.30.18; Mod 10.28.20 SG; Mod 05.06.22 TJ/TC)
15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.
16. Conformance to Applicable Laws . Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
17. Licenses, Certifications and Permits . Prior to the City’s execution of this Agreement and prior to the Contractor’s engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.
18. Records and Audits . Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.
19. Confidentiality. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.
20. Conflicts of Interest . Contractor covenants that other than this Agreement, Contractor has no financial interest with any official, employee or other representative of the City. Contractor and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner of degree by the performance of Contractor’s services under this Agreement. If such an interest arises, Contractor shall immediately notify the City.
21. Waiver. In the event either City or Contractor at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. No payment, partial payment, acceptance, or partial acceptance by City shall operate as a waiver on the part of City of any of its rights under this Agreement.
Attachment C
6 (Rev. 10.30.18; Mod 10.28.20 SG; Mod 05.06.22 TJ/TC)
22. Governing Law . California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.
23. No Personal Liability. No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount due Contractor.
24. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.
25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontra ctors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or d isability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non -discrimination and equal opportunity, including without limitati on the City’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin be exclu ded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
26. Force Majeure . Neither party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re -commence performance as promptly as Attachment C
7 (Rev. 10.30.18; Mod 10.28.20 SG; Mod 05.06.22 TJ/TC)
commercially practicable.
27. Taxes and Charges . Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.
28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.
30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
31. Entire Agreement, Integration, and Modification.
31.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.
31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.
32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
Attachment C
1 EXHIBIT D
PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS
1. D efinitions . The following words and phrases have the following meanings for purposes of this Agreement:
1 .1 "Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement.
1.2 “Deliverable” means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.
2. G
eneral . The following terms and conditions are applicable for the Professional Services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions (“GTC”) Exhibit C, and all other Exhibits identified in the Standard Agreement.
2 .1 Where any portion of the GTC is in conflict to or at variance with any provisions of the Special Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.
2.2 In the case of modification of a part or provision of the GTC , the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the GTC.
3. T
ime for Performance .
3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.
3.2 Timeliness of Performance i) Contractor shall provide the S ervices, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other Attachment C
2 losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.
4. S tandard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:
4.1 Contractor’s S ervices shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by member s of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s standard of performance, applicable laws, regulations, and industry standards . By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration or other similar requirement throughout the term of this Agreement.
4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Contractor must provide copi es of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its s ubcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a timely manner consistent with the requirements of this Agreement.
4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity.
5. C
ompensation
5.1 In addition to Section 3 Compensation in Exhibit C – G TC, the Contractor shall be compensated for the services provided under this Agreement as follows:
5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed Attachment C
3 basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.
6. P ersonnel
6.1 None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City . Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this Agreement. Contractor shall provide subcontractor a copy of this fully executed Agreement.
6.2 Contractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement. The payment made to Contractor pursuant to this Agreement shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The C ity will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor . Contractor shall pay, when and as due, any and all taxes incurred as a resul t of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
6.3 K
ey Personnel : Because of the special skills required to satisfy the requirements of this Agreement, Contractor shall not reassign or replace key personnel without the written consent of the City, which consent the City will not unreasonably withhold. "key p ersonnel" means those job titles and the persons assigned to those positions in accordance with the provisions of t his Agreement. The City may at any time in writing notify Contractor that the City will no longer accept performance of Services under this Agreement by one or more Key Personnel listed. Upon that notice Contractor shall immediately suspend the services of the key person or persons and must replace him or them in accordance with the terms of this Agreement. A list of k ey personnel is found in Exhibit A, Scope of Services.
7. R
eports and Information
Contractor shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement , the costs and obligations incurred or to be incurred in connection therewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.
Attachment C
4 8. Findings Confidential
All of the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City . Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.
9. C
opyright
No materials, including but not limited to reports, maps, or documents produced as a result of this Agreement , in whole or in part, shall be available to Contractor for copyright purposes. Any such materials produced as a result of this Agreement that might be subject to copyright shall be the property of the City and all such rights shall belong to the City, and the City shall be sole and exclusive entity who may exercise such rights.
10. D eliv erables
Contractor shall prepare or provide to the City various Deliverables. "Deliverables" include work product, such as written reviews, recommendations, reports and analyses, produced by Contractor for the City. The City may reject Deliverables that do not include relevant information or data, or do not include all documents or other materials specified in this Agreement or reasonably necessary for the purpose for which the City made this Agreement or for which the City intends to use the Deliverables. If the City determines that Contractor has failed to comply with the foregoing standards, it has 30 days from the discovery to notify Contractor of its failure. If Contractor does not correct the failure, or if it is possible to do so, within 30 days after receipt of notice from the City specifying the failure, then the City, by written notice, may treat the failure as a default of this Agreement.
Partial or incomplete Deliverables may be accepted for review only when requi red for a specific and well-defined purpose and when consented to in advance by the City . Such Deliverables will not be considered as satisfying the requirements of this Agreement and partial or incomplete Deliverables in no way relieve Contractor of its commitments under this Agreement.
Attachment C
1 EXHIBIT E
COMPENSATION SCHEDULE
The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:
1. P roject Price
1.1 The maximum the Contractor shall be paid on this Agreement is $2,500,000. (hereafter the “not to exceed” amount ). Contractor acknowledges that this amount includes total compensation across two contractors on this Agreement. The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the S tandard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.
1.2 Plan Review Services: Compensation for plan review services described in Exhibit A for individual projects with a construction valuation exceeding Two Million Dollars ($2,000,000) shall be billed at the hourly rates set forth in section 4. Compensation for other plan review services described in Exhibit A shall be billed as set forth in section 3 or section 4 as agreed upon by both parties.
1.3 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached.
Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.
1.4 If work is completed before the “not to exceed” amount is reached, the Contractor’s compensation will be based on the Contractor ’s invoices previously submitted for acceptable work performed and approved.
2. I
nvoice t o Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Invoices shall be submitted to the below address:
C
ity of Stockton Community Development Department
Attention: John Schweigerdt, CBO
425 N. El Dorado Street
Stockton, CA 95202
Invoices shall also be emailed to:
[email protected]
Attachment C
2 [email protected]
[email protected]
3. T ask Price . Below is the price for the services as d escribed in Exhibit A of this Agreement.
3 .1 Contractor 1 (CSG Consultants, Inc.):
Plan review fees will be based on a percentage of the City’s established Building Division services fees and includes one initial plan review and two subsequent reviews.
Description Task Price
Plan Review Services – Commercial 75% of City’s Plan Review Fees Plan Review Services – Residential 75% of City’s Plan Review Fees Expedited Plan Reviews 1.5 x Hourly Rate in Section 4
Additional Reviews, Partial Reviews,
Deferred Submittals, Revisions, RFIs
Hourly Rates in Section 4
3 .2 Contractor 2 (BPR Consulting Group, LLC):
Plan review fees will be based on a percentage of the City’s established Building Division services fees and includes one initial plan review and two subsequent reviews.
Description Task Price
Plan Review Services – Commercial 52% of City’s Plan Review Fees Plan Review Services – Residential 85% of City’s Plan Review Fees Expedited Plan Reviews 145% of Hourly Rates in Section
4 Additional Reviews, Partial Reviews,
Deferred Submittals, Revisions, RFIs
Hourly Rates in Section 4
4. H
ourly Rates. The following is a list of hourly billable rates that Contractor shall apply for the services as d escribed in Exhibit A of this agreement and any additional services requested of the Contractor. Contractor shall be compensated based on the hourly rates set forth below, on a time and material basis for those services that are within the general scope of services of this Agreement, including services beyond the description of services required under Exhibit A, and all services are reasonably necessary to complete the standards of performance required by this Agreement. Any changes and related fees shall be mutually agreed upon between the parties by a written amendment to this A
greement.
4 .1 Contractor 1 (CSG Consultant, Inc.):
Attachment C
3 Position / Role Hourly Billing Rate
Plan Review Engineer $135
Structural Engineer $150
Plans Examiner $115
Senior Building Inspector $125
Building Inspector $110
CASp Plan Review $135
CASp Inspection $135
Permit Technician $75
Overtime*, Weekends, Holidays, and
After-Hours Work
1.5 x Hourly Rates
Above
*Overtime shall be based on the City’s working schedule, currently “9/80” work schedule (i.e. eight (8) 9- hour workdays plus one (1) 8- hour workday consisting of eighty (80) hours worked in a fourteen (14) day period).
4 .2 Contractor 2 (BPR Consulting Group, LLC):
Position / Role Hourly Billing Rate
Plan Review Engineer $150
Plans Examiner $120
CASp Plan Review $125
CASp Inspection $125
Building Inspector** $93 - $113
Fire Protection Engineer $150
Fire Plans Examiner $120
Fire Inspector $110
Permit Technician** $65 - $75
Building Department Support Staff $50
Overtime*, Weekends, Holidays, and
After-Hours Work
140% of Hourly
Rates Above
*Overtime shall be based on the City’s working schedule, currently “9/80” work schedule (i.e. eight (8) 9- hour workdays plus one (1) 8- hour workday consisting of eighty (80) hours worked in a fourteen (14) day period).
**Specific billing rate to be deter mined based on level of experience and certification of individual assigned to perform services under this agreement.
Attachment C
1 EXHIBIT F
TIMELINE
1. Contractor shall complete the requested services identified in Exhibit A on an as needed basis, as follows:
1.1 TIMELINE FOR COMPLETION OF WORK
1.1.1 Plan Review Services: Below is the maximum turnaround times for plan review services identified in Exhibit A. Turnaround times are based on Contractor’s working days. The number of working days associated with plan review turnaround time is based on time of project submittal. The first working day will be the day the project is received if submitted by 12:00pm, if submitted after 12:00pm the first working day will be the next business day.
1.1.1.1 Contractor 1 (CSG Consultants, Inc.):
1.1.1.2 Contractor 2 (BPR Consulting Group, LLC):
Project Type Maximum Turnaround Time
Initial Review Re-Check
Residential – New Construction 10 5
Residential – Addition 10 5
Residential – Remodel 10 5
Multifamily 10 5
Commercial – New Construction 10 5
Commercial – Addition 10 5
Commercial – Remodel, Tenant
Improvement 10 5
Large/Complex Projects Negotiable Negotiable
Expedited 5 5
Project Type Maximum Turnaround Time
Initial Review Re-Check
Residential – New Construction 10 5
Residential – Addition 10 5
Residential – Remodel 10 5
Multifamily 10 5
Commercial – New Construction 10 5
Commercial – Addition 10 5
Attachment C
2 1.1.2 Inspection Services: Inspection services shall be provided on an as- needed basis, as requested by the City.
Commercial – Remodel, Tenant
Improvement 10 5
Large/Complex Projects 14 7
Expedited 5 5
Attachment C