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Resolution No. 2010-094RESOLUTION NO. 2010-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A SERVICE AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND INTERWEST CONSULTING GROUP, INC. FOR ON -CALL BUILDING PLAN REVIEW SERVICES AND CERTIFIED ACCESS SPECIALIST CONSULTING SERVICES WHEREAS, California Civil Code Section 55.53 requires local agencies to employ or retain at least one building inspector who is a Certified Access Specialist (CASp); and WHEREAS, the City of Vernon ("City") desires to retain a contractor to provide on -call building plan review services and CASp services; and WHEREAS, Interwest Consulting Group, Inc. ("Interwest") is qualified and capable of furnishing the labor, materials and expertise necessary to perform such services; and V WHEREAS, by a memorandum dated June 30,.2010, the Director of Community Services & Water has recommended that the City enter into a Service agreement with Interwest setting forth the terms and conditions under which Interwest will perform such services (the '"Agreement"); and WHEREAS, the City Council of the City of Vernon has determined that, pursuant to the provisions of subsection (b)(1) and (7) of Section 2.27 of the Vernon City Code, it is in the public interest and necessity to enter into the Agreement with Interwest for on -call building plan review services and CASp.consulting services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1- The City Council of the City of Vernon does hereby find and determine that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Agreement with Interwest, a copy of which is attached hereto as Exhibit A. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for, and on behalf of, the City of Vernon and the City Clerk, or Deputy City Clerk, is hereby authorized to attest thereto. SECTION 4: The City Council of the City of Vernon hereby authorizes the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized. SECTION 5: The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk's designee, to send a fully executed Agreement to': Interwest Consulting Group, Inc. Attention: Timothy (Tim) D'Zmura 4113 Bellflower,Boulevard Long Beach, CA 90808 -2- l SECTION 6: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 19th day of July, 2010. Name: Hilario Gonzales Title: Mayor / em ATT/T : Wil City Clerk -3- STATE OF CALIFORNIA ) ss COUNTY OF_LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2010-94, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, July 19, 2010, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this }� day of July, 2010, at Vernon,,California. Willard '&-(-'�Y ma u: hi, City Clerk (SEAL) EXHIBIT A SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND INTERWEST CONSULTING GROUP, INC. FOR ON -CALL BUILDING PLAN REVIEW SERVICES AND CERTIFIED ACCESSIBILITY SPECIALIST CONSULTING SERVICES COVER PAGE Contractor: Responsible Principal of Contractor: Notice Information - Contractor: Notice Information - City: Commencement Date: Termination Date: Consideration: 1 12720-0001\1229716v2.doc Interwest Consulting Group, Inc. Timothy (Tim) D'Zmura, PE, CBO Principal-in-Charge/Supervising Plan Review Engineer/Certified Building Official Interwest Consulting Group, Inc. 4113 Bellflower Boulevard Long Beach, CA 90808 Attention: Timothy (Tim) D'Zmura Phone:. (562) 420-7905 Facsimile: (562) 420-7815 Cell: (562) 896-2123 City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Donal O'Callaghan, City Administrator Telephone:.(323) 583-8811 ext. 561 Facsimile: (323) 826-1408 July 1, 2010 June 30, 2011, unless extended pursuant to Section 1 As described in Exhibit B SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND INTERWEST CONSULTING GROUP, INC. FOR ON -CALL BUILDING PLAN REVIEW SERVICES AND CERTIFIED ACCESSIBILITY SPECIALIST CONSULTING SERVICES THIS AGREEMENT is made and entered into as of , 2010 ("Effective Date"), by and between the City of Vernon, a California charter City and California municipal corporation ("City"), and Interwest Consulting Group, Inc., a Colorado corporation ("Contractor") City and Contractor are collectively referred to herein as the "Parties." RECITALS A. City desires to have certain on -call building plan review services and certified accessibility specialist consulting services provided as more fully set forth in the Scope of Services, attached hereto as Exhibit A. B. Contractor represents it is qualified and capable of furnishing the labor, materials, and expertise necessary to perform such services in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, the parties agree as follows: Section 1. Term and Time of Performance. (a) This Agreement shall commence upon the Commencement Date listed on the Cover Page, and shall remain and continue in effect through the Termination. Date listed on the Cover Page, unless sooner terminated pursuant to the provisions of this Agreement. City may renew this Agreement on a year-to-year basis at its discretion. (b) In the event that City renews this Agreement, Contractor may submit a proposal to increase its rates no later than thirty (30) days after receiving notice of City's intent to renew. Any increase in rates must be approved by City before such increase can take effect. If City fails to approve the proposed increase within thirty (30) days of receipt, Contractor may terminate the renewal by giving thirty (30) days written notice. Section 2. Performance. (a) Contractor shall perform the services and tasks described and set forth in the Scope of Services, Exhibit A ("Services"). Additional services must be mutually agreed upon in writing -signed by both Parties prior to performance of those additional services. (b) Contractor shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all Services under this Agreement -in accordance with the standard of care and skill ordinarily exercised by members of the profession currently practicing in the same locality as the City under similar circumstances and in a manner reasonably satisfactory to City. Contractor shall at all times comply with the highest ethical standards when performing Services for the City. (c) Contractor shall keep itself informed of all local, state, and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way 2 12720-0001 \1229716v2. doc affect the performance of its Services pursuant to this Agreement. Contractor shall at all times . observe and comply with all such ordinances, laws and regulations. City, and its officers, officials, employees, agents or volunteers shall not be liable at law or in equity occasioned by failure of Contractor to comply with this section. (d) Contractor will not be compensated for any work performed not specified in Exhibit A unless City authorizes such work in advance and in writing. Section 3. Compensation. (a) City agrees to compensate Contractor, and Contractor agrees to accept in full satisfaction for the Services required by this Agreement, the fees and expense reimbursements set forth in Exhibit B ("Fees and Expenses"). The Fees and Expenses shall constitute reimbursement of Contractor's fee for the Services as well as the actual cost of any equipment, materials, and supplies necessary to provide the services (including without limitation, all labor, materials, delivery, tax, assembly, and installation, as applicable). (b) Contractor shall be entitled to reimbursement only for those expenses expressly set forth in Exhibit B. Any expenses incurred by Contractor that are not expressly authorized by this Agreement will not be reimbursed by City. Section 4. Method of Payment. (a) Invoices. Contractor shall submit invoices monthly for Services and expenses. Invoices shall include the month for which the Services were provided, the dates of such services, and a description of the services provided for that billing period. Each invoice shall include copies of timesheets, if any, and other supporting documents as City may require. (b) Payments by City. Payments of each invoice shall be made by City within thirty (30) days following receipt of each invoice as to all non -disputed fees. If City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of the disputed invoice. Any amounts in dispute shall be withheld until resolution. Section 5. Personnel. All persons performing Services shall have all the necessary technical expertise, permits, professional licenses, certificates, training, and other qualifications required by this Agreement or other applicable laws. Contractor shall provide City with said permits, licenses, and certificates at the request of City. Section 6. Access. Contractor shall comply with all reasonable access and other restrictions that City may impose. 'No access to City property for performance of the Services shall be permitted prior to delivery to City of proof of insurance paid and maintained by Contractor. Section 7. Contractor's Duties and Representations. Contractor represents, covenants and agrees as follows: (a) There are no obligations, commitments, or impediments of any kind that will limit or prevent performance of the Services. C1 12720-0001\1229716v2.doc (b) Contractor presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Services contemplated by this Agreement. No person having any such interest shall be employed by or be associated with Contractor. (c) There is no litigation pending against Contractor and Contractor is not the subject of any criminal investigation or proceeding, and neither Contractor nor its personnel, to its actual knowledge, have been convicted of a felony. Section 8. Independent Contractor. (a) Contractor is and shall at all times remain, as to City, a wholly independent contractor. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, officials, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, officials, employees, agents, or volunteers of City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any. manner. (b) No employee benefits shall be available to Contractor or its officers, employees, or agents in connection with the performance of this Agreement. Except for Consideration paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing Services hereunder for the City. City shall not be liable for compensation or indemnification to, Contractor or its officers, employees, or agents for injury or sickness arising out of performing Services hereunder. (c) Contractor agrees to pay and be responsible for paying all Federal, -State and local taxes for compensation received by Contractor from City while performing services for City. Section 9. Termination. (a) Termination Right.. Either Party may, at any time, for any reason or for no reason, with or without cause, terminate this Agreement, by serving upon the other Party at least fifteen (15) days prior written notice. Upon receipt of such notice, -Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. (b) Payment Upon Termination. In the event this Agreement is terminated without cause pursuant to this section,. City shall pay Contractor for work performed .up to the time of termination, calculated on a pro rats basis for any partial months and Contractor shall submit an invoice to City as required under this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation. (c) Actions Subsequent to Termination. In the event of termination of this Agreement, Contractor shall deliver all Confidential Information, as defined in Section 11 below, to City within thirty (30) days after the termination of this Agreement. Contractor shall also take all such other action as City reasonably requires and shall cooperate with City to effectuate an orderly and systematic termination of Contractor's duties and activities hereunder. CI 12720-0001 \1229716v2. d oc (d) All of the terms and conditions in the Agreement related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive termination of this Agreement. Section 10. Limitation of City's Liability. City's liability on any kind of claim for any loss or damage arising out of, in connection with, or resulting from this Agreement, shall in no case exceed the amount that would be paid to Contractor for the full performance of the services required by this Agreement. In no event shall City be liable for anticipated profits or for incidental, consequential or punitive damages. City shall not be liable for penalties of any description: Section 11. Confidential Status: Disclosure of Information. (a) Confidential Status; Disclosure of Information. All data, customer information, business practices, business methods, privileged information, trade secrets, financial statements, floor plans, designs, maps, surveys, drawings, models, reports, correspondence, logs, documents, materials or other information developed or created by Contractor, received by Contractor, revealed to Contractor, or provided to Contractor for the performance of this Agreement ("Confidential Information") are deemed confidential and shall not be disclosed by Contractor to any third party without City's prior written consent. City shall grant consent.if disclosure is legally required. All Confidential Information shall be returned to City upon the termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. City may disclose to third parties any Confidential Information at its sole and absolute discretion. (b) Contractor's obligation not to disclose any Confidential Information shall not extend to information that: i. was in the possession of, or was rightfully known by, the Contractor without an obligation to maintain its confidentiality prior to receipt from City; this Agreement; ii. is or becomes generally known to the public without violation of iii. is obtained without an obligation of confidentiality by the Contractor in good faith from a third party having the right to disclose it without an obligation of confidentiality; or iv. information which is required to be disclosed pursuant to any court order or directive having the force of law. (c) The provisions of this section shall survive the termination of this Agreement. Section 12. Default. Contractor's failure to comply with the provisions of this Agreement shall constitute a default: In the event that Contractor is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to Contractor. 5 12720-0001 \122971612.doc Section 13. Indemnification. Contractor agrees to defend, indemnify, protect and hold harmless City, its officers, officials, employees, agents, and volunteers from and against any and all claims, suits, demands, actions, losses, damages, judgments, settlements, penalties, fines, defensive costs or expenses, including without limitation, interest, attorneys' fees and expert witness fees, or liability of any kind or nature arising out of or attributable to the acts or omissions of Contractor, or Contractor's officers, employees, or agents which in any way arise out of, result from, or are in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the sole negligence_ or willful misconduct of City, its officers, officials, employees, agents, or volunteers. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT AND SHALL BE GIVEN THE BROADEST POSSIBLE INTERPRETATION. - The obligations in this section are in addition to Contractor's duty to provide insurance and shall not be limited by any limitation on the amount or type of insurance coverage carried by Contractor. Section 14. Insurance. (a) Contractor shall at all times during -the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by Contractor or Contractor's officers, employees, or agents. (b) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by Contractor or Contractor's officers, employees, or agents in performing the services required by this Agreement. (c) Contractor agrees to maintain in force at all times during the performance of work under this Agreement workers compensation as required by law. (d) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Excess Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, and provide policy conditions as broad as those required in the primary insurance. (e) Contractor shall require each of its sub -consultants or sub -contractors to maintain insurance coverage that meets all of the requirements of this Agreement. (f) The policy or policies required by this Agreement -shall be issued by an insurer admitted in the State of California and with a rating of at least a B+; VII in the latest edition of Best's Insurance Guide. (g) Contractor shall require each of its subconsultants or sub -contractors to maintain insurance coverage which that meets all of the requirements of this Agreement. 12720-0001 \1229716v2.doc (h) Contractor agrees that if it does not keep the aforesaid insurance in full force and effect City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Contractor's expense, the premium thereon. (i) At all times during the term of this Agreement, Contractor shall maintain on file with the Risk Manager, a certificate or certificates of insurance, satisfactory to the City Attorney and Risk Manager, along with a copy of the policy declarations page for each policy, showing that the aforesaid policies are in effect in the required amounts. Upon request by City, Contractor shall cause its insurers to issue certified copiesofthe insurance policies evidencing that the coverage and policy endorsements required under this Agreement are. maintained in force. Contractor shall, prior to commencement of work under this Agreement, file with the Risk Manager, such certificate or certificates and a copy of the policy declarations page for each policy. The policies of insurance required by this Agreement shall contain an endorsement naming the City, its officers, officials, employees, agents, and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except with thirty (30) days prior written notice to City, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this Agreement. Q) The insurance provided by Contractor shall be primary to any coverage available to City, and any insurance or self-insurance maintained by City, its officers, officials employees, agents, or volunteers shall be excess of Contractor's insurance and shall not contribute with it. The policies of insurance,required by this Agreement shall include provisions for waiver of subrogation. Contractor hereby waives all rights of subrogation against City, its officers, officials, employees, agents, and, volunteers. (k) Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, Contractor shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses. Section 15. Assignment and Subcontracting. Contractor shall not assign or attempt to assign any portion of this Agreement, or subcontract any required performance hereunder, without the prior written approval of City. Any assignment or subcontract made in violation of this section is invalid and void. Section 16. Arbitration and Venue. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination,` enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in Los Angeles, California, before three arbitrators. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. All decisions of the arbitrators shall be in writing, and the arbitrators shall provide written reasons for their decision. The arbitration decision shall.be final and binding on the Parties. Judgment on the award may be entered in any court having jurisdiction pursuant to this Agreement. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court having jurisdiction pursuant to this Agreement. The exclusive jurisdiction and venue under this Agreement shall be the Superior Court of California, Los Angeles County. 7 12720-0001\1229716v2.doc Section 17. 'Attorneys Fees. In the event a dispute, claim or litigation arises regarding this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys fees and actual costs, which may beset by the arbitrators or the court in the same action or in a separate action brought for that purpose, in addition to, any other relief which is obtained. Section 18.., Governing Law. This Agreement shall be interpreted and enforced according to, and the Parties rights and obligations governed by, the domestic law of the State of California, without regard to its laws regarding choice of applicable law. Section 19. Entire Agreement and Modifications. This Agreement, including attachments incorporated herein .by reference, represents the entire agreement and understanding between the Parties, and any negotiation, proposals or oral agreements are intended to be integrated herein and to be superseded by this Agreement. This Agreement may only be modified by a writing signed by both Parties. Section 20. Waiver. The waiver by either party of a breach or default by the other party shall not be deemed a waiver of any different or later breach whether of the same or other covenant or condition; nor shall any delay or omission by either party to exercise any right it may have hereunder operate as a waiver of any breach or default of such a right. The failure of either party to this Agreement to exercise any of its rights under this Agreement does not constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. Section 21. Force Maieure. Neither party shall be considered in default of any of its obligations under this Agreement when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" shall mean flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal action, statute, ordinance, or regulation, embargoes of the .United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of due diligence has been unable to overcome Either party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force shall give written notice within five (5) business days of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch. Section 22. City Not Obligated to Third Parties. City shall not be obligated or liable under this Agreement to any party other than Contractor. Section 23. Notices. -All notices, approvals, consents and other communications between the parties shall be in writing, and shall be sent by certified mail (return receipt requested) or other delivery service which provides evidence of delivery, using the address set forth on the Cover Page under "Notice Information - City" or "Notice Information — Contractor," as appropriate, or at such other address as may be furnished by either party to the other in writing. Mailed notices will be deemed communicated as of the day of receipt. Section 24. Cover Page and Exhibits. The Cover Page and all documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference,' the provisions of this Agreement shall prevail. 8 12720-0001 \1 229716v2.doc Section 25. Headings. Headings used in this Agreement are for convenience reference only and shall not affect the interpretation of the Agreement. Section 26. Survival of Terms. All of the terms and conditions in this Agreement related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive termination of this Agreement. Section 27. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and shall in no way be affected, impaired or invalidated. Section 28. Authority to Execute This Agreement. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations under this Agreement. IN WITNESS WHEREOF, the parties have signed this Agreement as of the date stated in the introductory clause. City of Vernon, a California charter City Interwest Consulting Group, Inc., a Colorado and California municipal corporation corporation By: By: HILARIO GONZALES Name Mayor Title: ATTEST: By: Name: WILLARD G. YAMAGUCHI, City Clerk Title: APPROVED AS TO FORM: LAURENCE S. WIENER, City Attorney .01 12720-0001 \1 229716v2.doc EXHIBIT A SCOPE OF SERVICES I. RESPONSIBLE PRINCIPAL AND OFFICE LOCATION Tim D'zmura, PE, CBO shall be Contractor's principalin charge and main point of contact for Services provided under this Agreement ("Responsible Principal"). Paul Armstrong, PE, CBO shall be the Contractor's project manager and the secondary contact when Responsible Principal is unavailable. Services shall be directed out of Contractor's Long Beach office location. II. NO OBLIGATION TO USE CONTRACTOR This is an Agreement to provide on -call Services when requested in writing by the City. The Parties hereby agree that it shall be at the City's sole and absolute discretion whether to request Contractor to perform any Services. City shall not be obligated or liable under this Agreement to request Contractor's Services or to use Contractor to perform any of the Services specified in this Agreement. III. SERVICES Contractor shall perform the following work pursuant to this Agreement (collectively, the "Services"): A. Plan Review Services When requested in writing by City, Contractor shall provide "Complete Plan Review Services," defined as a first and second plan -review and a quick third review (for approval purposes). 2. When requested in writing by City, Contractor shall provide "Structural Review Services," defined as a review of the structural components of a project. 3. When requested in writing by City, Contractor shall provide "Partial Review Services," to review components of a project, such as foundation only, preliminary review, or other similar partial reviews. 4. The following shall be included when performing any review Services under this Agreement, including without limitation, Complete Plan Review Services, Structural Review Services and Partial Review Services: a. Compliance with Codes: Contractor shall review submitted design _ documents to ensure compliance with the state and local codes. Contractor shall review submitted design documents to ensure compliance to the edition of the following codes in effect in the City at the time of the review: 10 12720-0001 \1229716v2. doc California Building Code California Electrical Code California Plumbing Code California Building Energy Efficiency Standards California Mechanical Code State & Local Hazardous Materials Regulations City -Adopted Amendments or Ordinances b. ADA Evaluation and Compliance: Plans shall also be reviewed for compliance issues relating to the Americans with Disabilities Act, State. Construction Related Accessibility .Standards, and related regulations (collectively, "Disability Requirements"). C. Fire Code Compliance: Contractor shall review fire protection 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 City's local amendments. d. On -Site Services: When requested by City, Contractor shall provide experienced plan reviewers and licensed architects, structural and civil engineers to perform on -site plan review. e: On -Site Meetings: When requested by City, Contractor shall make its personnel available for pre -construction or pre -design meetings, field visits, contacts with thedesign team, and support for field inspection personnel. f. Green Building Standards: Contractor shall review -plans for incorporation of green building concepts into project designs. g. Transporting Plans: Contractor shall arrange for all pick-up and delivery of plan review documents to and from City at no cost to City, with the goal of providing same -day service. h. Communicating Plan Review Results: When plans are not immediately approved, Contractor shall provide a list of comments ("Comment List") referring to specific details and drawings, and referencing applicable code sections. Contractor shall provide a clear, concise, and thorough Comment List from which City, designers, contractors, and owners can work. Comment Lists shall be delivered to City and other designated recipients (e.g., designers, contractors, owners) via email, facsimile, and/or reliable overland carrier. Contractor shall transmit plan review comments and coordinate re -checks directly with the applicant if requested by City. Contractor shall return to City competed plan review documents that are ready for approval for City's final approval. i. Code Interpretations: Code interpretations are subject to final review and approval by the Building Official. Contractor's engineers and plan examiners will provide unbiased recommendations and background 11 12720-0001 \1 229716v2.doc information to help the Building Official make an informed decision. All plan review comments are subject to review and approval by the City. Communication: In addition to standard phone communication, custom reports shall be emailed or accessible via the web at City's request at no cost to City. Contractor shall be available by phone or e-mail to answer questions pertaining to our plan reviews, in addition to face-to-face meetings. k. Special Project Plan Review Needs: Contractor shall accommodate special project plan review needs such as multi -phased review. B. Certified Access Specialist Services When requested in writing by City, Contractor shall provide the services of a Certified Accessibility Specialist (CASp) to review plans for accessibility and for consultation on state and federal accessibility laws and regulations ("CASp Services"). The CASp shall be available to City, to permit applicants and to members of the public for consultations on compliance issues relating to Disability Requirements. Contractor shall comply with regulations to provide a sufficient number of building inspectors who are CASp certified by January 1, 2014. C. Initial Meeting Within thirty (30) days of the Effective Date of this Agreement, Contractor shall, at no charge, meet with City to discuss procedures and methodologies Contractor will use to track projects, communicate regarding projects, and address any other special requests of the City. D. Turnaround Timeframe 1. Deadlines for Review All reviews shall be completed within the following timeframes ("Normal Review Time"): a. Initial plan review for new projects shall be completed within ten (10) working days. b. Re -checks shall be completed within five (5) working days 2. Expedited Review Contractor shall accommodate special project plan review needs, including Expedited Review. When Expedited Review is requested by the City, the review shall be conducted within two (2) days for initial plan review and one (1) day for re- checks. ' 12 12720-0001\1229716v2.doc E. Field Inspection Services When requested by City, Contractor shall provide Field Inspection Services. Contractor shall provide Field Inspection Services within twenty-four hours (24) of a request for such Services by City. Emergency inspections (usually requests that pertain to a serious or urgent life/safety issue or natural disaster) shall be provided within six (6) hours of a request for such Services by City, including nights, weekends and holidays. 1. Services Performed Field Inspection Services shall include, but are not limited to: a. Continuous or periodic construction inspections to verify that the work of constructionis in conformance with the approved project plans as well as identifying issues of non-compliance with applicable building codes. b. Commercial construction inspection, residential construction inspection and CASp inspection. All materials, -resources, tools and training shall be supplied by Contractor. C. Inspection of buildings and structures for which building permits have been issued for compliance with approved plans and applicable codes and ordinances. d. Inspection for compliance with conditions of approval set by the City. e. Coordination of inspection services with other City or County departments, government agencies providing services, etc., or when more than one discipline is required for compliance with building and safety codes and regulations. f. Enforcement of conditions of approval associated with discretionary permits. g. Special inspections by qualified inspectors and investigations as requested by the City, including field and office research, and preparation of documents. h. Input of daily inspection information into permit tracking system. i. Emergency inspection services following a natural disaster. Contractor shall contact the Building Official for interpretations, local ordinances, local preferences, alternate materials and exceptions/alternates to the model codes. Items, if any, which cannot be resolved between the Contractor and project applicant, will be forwarded to the Building Official for final resolution. 13 12720-0001 \1 229716v2.doc When necessary for large or fast -track projects, multiple inspectors shall be provided. 2. Inspector Qualifications and Certifications Contractor's inspectors shall be ICC certified and 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 shall possess knowledge of approved and modern methods, materials, tools and safety used in building inspection and the most current building standards. 3. Tools and Equipment Contractor shall provide all vehicles, fuel, maintenance and other equipment necessary for inspectors to carry out duties. F. Other Related Services Contractor shall provide other professional services when authorized in writing by the City. 14 12720-0001 \1229716v2.doc EXHIBIT B FEES AND EXPENSES I. FEES In consideration for the Services provided by Contractor under this Agreement, City shall pay Contractor as follows: A. Plan Review Services 1. Complete Plan Review Services Fee For Complete Plan Review Services, Contractor shall be paid a fee equal to sixty percent (60%) of the plan review fees based on the adopted City fee schedule. If major revisions are necessary to previously approved documents, additional plan review services shall be paid on an hourly basis using the rates in Section D below. 2. Structural Review Services Fee For Structural Review Services, Contractor shall be paid a fee equal to forty-five percent (45%) of the plan review fees based on the adopted City fee schedule. 3. Partial Reviews Fee For Partial Review Services, Contractor shall be paid a fee agreed to in advance in a writing signed by both Parties, or provide services on an -hourly basis using the rates listed in the General Hourly Rates schedule in Section D -below. City hereby agrees that the City Administrator, or his designee, shall have the authority on behalf of the City to negotiate the fee for Partial Review Services and execute the writing on behalf of the City. 4. Expedited Review When Expedited Review for Complete Plan Review Services are requested by the City and provided by the Contractor, Contractor shall be paid a fee agreed to in advance in a writing signed by both Parties. City .hereby agrees that the City Administrator, or his designee, shall have the authority on behalf of the City to negotiate the fee for Expedited Review for Complete -Plan, Review Services and execute the writing on behalf of the City. B. Field Inspection Services Field Inspection Services, including emergency inspection services, if required, shall be paid at the hourly rates listed. Contractor shall be paid a minimum four (4)-hour inspection charge on all call -out services. 15 12720-0001 \1229716V2. doc C. CASp Services CASp Services, if required, shall be, paid at the hourly rates listed in Section D below. D. Schedule of Hourly Billing Rates Contractor shall be paid at the following hourly billing rates for Services provided on an hourly basis, billed in increments of one tenth of one hour: CLASSIFICATION HOURLY BILLING RATE BuildingOfficial................_.................................................................................. $98.00 Supervising Plan Review Engineer..................................................................... $88.00 Plan Review Engineer and CASp services......................................................... $88.00 Senior Plans Examiner....................................................................................... $84.00 PlansExaminer................................................................. ............................... $90.00 PermitTechnician............................................................................................... $45.00 SupervisingInspector..................................................................I...................... $85.00 Senior Inspector/Project Manager...................................................................... $80.00 CombinationInspector II..................................................................................... $78.00 Residential Inspector I........................................................................................ $74.00 Housing Inspector/Code Enforcement Officer ..................................................... $64.00 Overtime...............................................................................25% of Above Listed Rates II. EXPENSES A. Mileage City shall reimburse Contractor for mileage, at the rate of fifty cents ($0.50) per mile, when Contractor's travel is directly related to Services being performed under this Agreement. B. Other Expenses 1. City shall reimburse Contractor for the following expenses, when the expense is pre -approved in writing by the City Administrator or his designee: Special equipment rentals, public transportation costs, bridge tolls, parking, special printing requirements. Such expenses shall be at cost, with no mark-up. 2. Contractor shall not charge City for courier or shipping services. 12720-0001 \1 229716v2.doc 4 PbqA, OFFICE OF THE CITY CLERK 4305 Santa. Fe Avenue, Vernon, California 90058 . Telephone (323) 583-8811 July 21, 2010 Interwest Consulting Group, Inc. Attn: Timothy (Tim) D'Zmura, PE, CBO 4413 Bellflower Boulevard Long Beach, CA 90808 RE: Consulting Services Agreement Dear Mr. D'Zmura: The insurance requirements have been met. Enclosed is a fully executed original agreement as referenced above, approved by City Council on July 19, 2010. If you have any questions, please contact Kevin Wilson (323) 583-8811 extension 245. Thank you. Sin erely, WILLARD G. Uv City Clerk Enclosure WGY:dj c: S. Kevin Wilson Purchasing Department Resolution No. 2010-94 Agreement File No. 10-044 Excfusivefy Industrial SERVICES AGREEMENT. BETWEEN THE CITY OF VERNON - AND INTERWEST CONSULTING GROUP, INC. FOR ON -CALL BUILDING PLAN REVIEW SERVICES AND CERTIFIED ACCESSIBILITY SPECIALIST CONSULTING SERVICES Contractor: Responsible Principal of Contractor: Notice Information - Contractor: Notice Information - City: Commencement Date: Termination Date: Consideration: 12720-0001 NI 229716v2. d o c COVER PAGE Interwest Consulting Group, Inc. Timothy (Tim) D'Zmura, PE, CBO Principal-in-Charge/Supervising Plan Review Engineer/Certified Building Official Interwest Consulting Group, Inc. 4113 Bellflower Boulevard Long Beach, CA 90808 Attention: Timothy (Tim) D'Zmura Phone: (562) 420-7905 Facsimile: (562) 420-7815 Cell: (562) 896-2123 City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Donal O'Callaghan, City Administrator Telephone: (323) 583-8811 ext. 561 Facsimile: (323) 826-1408 July 1, 2010 June 30, 2011, unless extended pursuant to Section 1 As described in Exhibit B SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND INTERWEST CONSULTING GROUP, INC. FOR ON -CALL BUILDING PLAN REVIEW SERVICES AND CERTIFIED ACCESSIBILITY SPECIALIST CONSULTING SERVICES THIS AGREEMENT is made and entered into as of July 1 , 2010 ("Effective Date"), by and between the City of Vernon, a California charter City and California municipal corporation ("City"), and Interwest Consulting Group, Inc., a Colorado corporation ("Contractor") City and Contractor are collectively referred to herein as the "Parties." RECITALS A. City desires to have certain on -call building plan review services and certified accessibility specialist consulting services provided as more fully set forth in the Scope of Services, attached hereto as Exhibit A. B. Contractor represents it is qualified and capable of furnishing the labor, materials, and expertise necessary to perform such services in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, the parties agree as follows: Section 1. Term and Time of Performance. (a) This Agreement shall commence upon the Commencement Date listed on the Cover Page, and shall remain and continue in effect through the Termination Date listed on the Cover Page, unless sooner terminated pursuant to the provisions of this Agreement. City may renew this Agreement on a year-to-year basis at its discretion. (b) In the event that City renews this Agreement, Contractor may submit a proposal to increase its rates no later than thirty (30) days after receiving notice of City's intent to renew. Any increase in rates must be approved by City before such increase can take effect. If City fails to approve the proposed increase within thirty (30) days of receipt, Contractor may terminate the renewal by giving thirty (30) days written notice. Section 2. Performance. (a) Contractor shall perform the services and tasks described and set forth in the Scope of Services, Exhibit A ("Services"). Additional services must be mutually agreed upon in writing signed by both Parties prior to performance of those additional services. (b) Contractor shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all Services under this Agreement in accordance with the standard of care and skill ordinarily exercised by members of the profession currently practicing in the same locality as the City under similar circumstances and in a manner reasonably satisfactory to City. Contractor shall at all times comply with the highest ethical standards when performing Services for the City. (c) Contractor shall keep itself informed of all local, state, and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way 2 12720-0001 \1229716V2.doc affect the performance of its Services pursuant to this Agreement. Contractor shall at all times observe and comply with all such ordinances, laws and regulations. City, and its officers, officials, employees, agents or volunteers shall not be liable at law or in equity occasioned by failure of Contractor to comply with this section. (d) Contractor will not be compensated for any work performed not specified in Exhibit A unless City authorizes such work in advance and in writing. Section 3. Compensation. (a) City agrees to compensate Contractor, and Contractor agrees to accept in full satisfaction for the Services required by this Agreement, the fees and expense reimbursements set forth in Exhibit B ("Fees and Expenses"). The Fees and Expenses shall constitute reimbursement of Contractor's fee for the Services as well as the actual cost of any equipment, materials, and supplies necessary to provide the services (including without limitation, all labor, materials, delivery, tax, assembly, and installation, as applicable). (b) Contractor shall be entitled to reimbursement only for those expenses expressly set forth in Exhibit B. Any expenses incurred by Contractor that are not expressly authorized by this Agreement will not be reimbursed by City. Section 4. Method of Payment. (a) Invoices. Contractor shall submit invoices monthly for Services and expenses. Invoices shall include the month for which the Services were provided, the dates of such services, and a description of the services provided for that billing period. Each invoice shall include copies of timesheets, if any, and other supporting documents as City may require. (b) Payments by City. Payments of each invoice shall be made by City within thirty (30) days following receipt of each invoice as to all non -disputed fees. If City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of the disputed invoice. Any amounts in dispute shall be withheld until resolution. Section 5. Personnel. All persons performing Services shall have all the necessary technical expertise, permits, professional licenses, certificates, training, and other qualifications required by this Agreement or other applicable laws. Contractor shall provide City with said permits, licenses, and certificates at the request of City. Section 6. Access. Contractor shall comply with all reasonable access and other restrictions that City may impose. No access to City property for performance of the Services shall be permitted prior to delivery to City of proof of insurance paid and maintained by Contractor. Section 7. Contractor's Duties and Representations. Contractor represents, covenants and agrees as follows: (a) There are no obligations, commitments, or impediments of any kind that will limit or prevent performance of the Services. 3 12720-0001 \1229716b2. d o c (b) Contractor presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Services contemplated by this Agreement. No person having any such interest shall be employed by or be associated with Contractor. (c) There is no litigation pending against Contractor and Contractor is not the subject of any criminal investigation or proceeding, and neither Contractor nor its personnel, to its actual knowledge, have been convicted of a felony. Section 8. Independent Contractor. (a) Contractor is and shall at all times remain, as to City, a wholly independent contractor. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, officials, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, officials, employees, agents, or volunteers of City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. (b) No employee benefits shall be available to Contractor or its officers, employees, or agents in connection with the performance of this Agreement. Except for Consideration paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing Services hereunder for the City. City shall not be liable for compensation or indemnification to Contractor or its officers, employees, or agents for injury or sickness arising out of performing Services hereunder. (c) Contractor agrees to pay and be responsible for paying all Federal, State and local taxes for compensation received by Contractor from City while performing services for City. Section 9. Termination. (a) Termination Right. Either Party may, at any time, for any reason or for no reason, with or without cause, terminate this Agreement, by serving upon the other Party at least fifteen (15) days prior written notice. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. (b) Payment Upon Termination. In the event this Agreement is terminated without cause pursuant to this section, City shall pay Contractor for work performed up to the time of termination, calculated on a pro rata basis for any partial months and Contractor shall submit an invoice to City as required under this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation. (c) Actions Subsequent to Termination. In the event of termination of this Agreement, Contractor shall deliver all Confidential Information, as defined in Section 11 below, to City within thirty (30) days after the termination of this Agreement. Contractor shall also take all such other action as City reasonably requires and shall cooperate with City to effectuate an orderly and systematic termination of Contractor's duties and activities hereunder. 12720-0001 \1229716V2.doc (d) All of the terms and conditions in the Agreement related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive termination of this Agreement. Section 10. Limitation of City's Liability. City's liability on any kind of claim for any loss or damage arising out of, in connection with, or resulting from this Agreement, shall in no case exceed the amount that would be paid to Contractor for the full performance of the services required by this Agreement. In no event shall City be liable for anticipated profits or for incidental, consequential or punitive damages. City shall not be liable for penalties of any description. Section 11. Confidential Status: Disclosure of Information. (a) Confidential Status; Disclosure of Information. All data, customer information, business practices, business methods, privileged information, trade secrets, financial statements, floor plans, designs, maps, surveys, drawings, models, reports, correspondence, logs, documents, materials or other information developed or created by Contractor, received by Contractor, revealed to Contractor, or provided to Contractor for the performance of this Agreement ("Confidential Information") are deemed confidential and shall not be disclosed by Contractor to any third party without City's prior written consent. City shall grant consent if disclosure is legally required. All Confidential Information shall be returned to City upon the termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. City may disclose to third parties any Confidential Information at its sole and absolute discretion. (b) Contractor's obligation not to disclose any Confidential Information shall not extend to information that: i. was in the possession of, or was rightfully known by, the Contractor without an obligation to maintain its confidentiality prior to receipt from City; ii. is or becomes generally known to the public without violation of this Agreement; iii. is obtained without an obligation of confidentiality by the Contractor in good faith from a third party having the right to disclose it without an obligation of confidentiality; or iv. information which is required to be disclosed pursuant to any court order or directive having the force of law. (c) The provisions of this section shall survive the termination of this Agreement. Section 12. Default. Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to Contractor. 5 12720-0001 \1229716v2.doc Section 13. Indemnification. Contractor agrees to defend, indemnify, protect and hold harmless City, its officers, officials, employees, agents, and volunteers from and against any and all claims, suits, demands, actions, losses, damages, judgments, settlements, penalties, fines, defensive costs or expenses, including without limitation, interest, attorneys' fees and expert witness fees, or liability of any kind or nature arising out of or attributable to the acts or omissions of Contractor, or Contractor's officers, employees, or agents which in any way arise out of, result from, or are in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the sole negligence or willful misconduct of City, its officers, officials, employees, agents, or volunteers. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT AND SHALL BE GIVEN THE BROADEST POSSIBLE INTERPRETATION. The obligations in this section are in addition to Contractor's duty to provide insurance and shall not be limited by any limitation on the amount or type of insurance coverage carried by Contractor. Section 14. Insurance. (a) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by Contractor or Contractor's officers, employees, or agents. (b) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1000,000) per occurrence, combined single limit, covering any vehicle utilized by Contractor or Contractor's officers, employees, or agents in performing the services required by this Agreement. (c) Contractor agrees to maintain in force at all times during the performance of work under this Agreement workers compensation as required by law. (d) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Excess Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, and provide policy conditions as broad as those required in the primary insurance. (e) Contractor shall require each of its sub -consultants or sub -contractors to maintain insurance coverage that meets all of the requirements of this Agreement. (f) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a B+; VII in the latest edition of Best 's Insurance Guide. (g) Contractor shall require each of its subconsultants or sub -contractors to maintain insurance coverage which that meets all of the requirements of this Agreement. M. 12720-0001\1229716Y2.doc (h) Contractor agrees that if it does not keep the aforesaid insurance in full force and effect City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Contractor's expense, the premium thereon. (i) At all times during the term of this Agreement, Contractor shall maintain on file with the Risk Manager, a certificate or certificates of insurance, satisfactory to the City Attorney and Risk Manager, along with a copy of the policy declarations page for each policy, showing that the aforesaid policies are in effect in the required amounts. Upon request by City, Contractor shall cause its insurers to issue certified copies of the insurance policies evidencing that the coverage and policy endorsements required under this Agreement are maintained in force. Contractor shall, prior to commencement of work under this Agreement, file with the Risk Manager, such certificate or certificates and a copy of the policy declarations page for each policy. The policies of insurance required by this Agreement shall contain an endorsement naming the City, its officers, officials, employees, agents, and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except with thirty (30) days prior written notice to City, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this Agreement. 0) The insurance provided by Contractor shall be primary to any coverage available to City, and any insurance or self-insurance maintained by City, its officers, officials employees, agents, or volunteers shall be excess of Contractor's insurance and shall not contribute with it. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation. Contractor hereby waives all rights of subrogation against City, its officers, officials, employees, agents, and volunteers. (k) Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, Contractor shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses. Section 15. Assignment and Subcontracting. Contractor shall not assign or attempt to assign any portion of this Agreement, or subcontract any required performance hereunder, without the prior written approval of City. Any assignment or subcontract made in violation of this section is invalid and void. Section 16. Arbitration and Venue. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in Los Angeles, California, before three arbitrators. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. All decisions of the arbitrators shall be in writing, and the arbitrators shall provide written reasons for their decision. The arbitration decision shall be final and binding on the Parties, Judgment on the award may be entered in any court having jurisdiction pursuant to this Agreement. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court having jurisdiction pursuant to this Agreement. The exclusive jurisdiction and venue under this Agreement shall be the Superior Court of California, Los Angeles County. N 12720-0001 \1229716v2.d oc Section 17. Attorneys Fees. In the event a dispute, claim or litigation arises regarding this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys fees and actual costs, which may be set by the arbitrators or the court in the same action or in a separate action brought for that purpose, in addition to any other relief which is obtained. Section 18. Goveming Law. This Agreement shall be interpreted and enforced according to, and the Parties rights and obligations governed by, the domestic law of the State of California, without regard to its laws regarding choice of applicable law. Section 19. Entire Agreement and Modifications. This Agreement, including attachments incorporated herein by reference, represents the entire agreement and understanding between the Parties, and any negotiation, proposals or oral agreements are intended to be integrated herein and to be superseded by this Agreement. This Agreement may only be modified by a writing signed by both Parties. Section 20. Waiver. The waiver by either party of a breach or default by the other party shall not be deemed a waiver of any different or later breach whether of the same or other covenant or condition; nor shall any delay or omission by either party to exercise any right it may have hereunder operate as a waiver of any breach or default of such a right. The failure of either party to this Agreement to exercise any of its rights under this Agreement does not constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. - Section 21. Force Majeure. Neither party shall be considered in default of any of its obligations under this Agreement when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" shall mean flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal action, statute, ordinance, or regulation, embargoes of the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of due diligence has been unable to overcome. Either party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force shall give written notice within five (5) business days of such fact to the other party and shall exercise due. diligence to remove such inability with all reasonable dispatch. Section 22. City Not Obligated to Third Parties. City shall not be obligated or liable under this Agreement to any party other than Contractor. Section 23. Notices. All notices, approvals, consents and other communications between the parties shall be in writing, and shall be sent by certified mail (return receipt requested) or other delivery service which provides evidence of delivery, using the address set forth on the Cover Page under "Notice Information - City" or "Notice Information — Contractor," as appropriate, or at such other address as may be furnished by either party to the other in writing. Mailed notices will be deemed communicated as of the day of receipt. Section 24. Cover Page and Exhibits. The Cover Page and all documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. 8 12720-0001 \1229716V2.doc Section 25. Headings. Headings used in this Agreement are for convenience reference only and shall not affect the interpretation of the Agreement. Section 26. Survival of Terms. All of the terms and conditions in this Agreement related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive termination of this Agreement. Section 27. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and shall in no way be affected, impaired or invalidated. Section 28. Authority to Execute This Agreement. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations under this Agreement. IN WITNESS WHEREOF, the parties have signed this Agreement as of the date stated in the introductory clause. City of Vernon, a California charter City and California municipal corporation By: Az'�Z'Y� w HILARIO GONZALES Mayor ATT ST: Wl([LARD Y M U H , City Clerk APPR VED A TO FORM: LAVRENCE S. WIENER, City Attorney 12720-0001 \1229716v2.doc Interwest Consulting Group, Inc., a Colorado corporation By: Name: Title: By: Name: Title: 1�0-1 EXHIBIT A EXHIBIT A SCOPE OF SERVICES I. RESPONSIBLE PRINCIPAL AND OFFICE LOCATION Tim D'zmura, PE, CBO shall be Contractor's principal in charge and main point of contact for Services provided under this Agreement ("Responsible Principal"). Paul Armstrong, PE, CBO shall be the Contractor's project manager and the secondary contact when Responsible Principal is unavailable. Services shall be directed out of Contractor's Long Beach office location. II. NO OBLIGATION TO USE CONTRACTOR This is an Agreement to provide on -call Services when requested in writing by the City. The Parties hereby agree that it shall be at the City's sole and absolute discretion whether to request Contractor to perform any Services. City shall not be obligated or liable under this Agreement to request Contractor's Services or to use Contractor to perform any of the Services specified in this Agreement. III. SERVICES Contractor shall perform the following work pursuant to this Agreement (collectively, the "Services"): A. Plan Review Services 1. When requested in writing by City, Contractor shall provide "Complete Plan Review Services," defined as a first and second plan review and a quick third review (for approval purposes). 2. When requested in writing by City, Contractor shall provide "Structural Review Services," defined as a review of the structural components of a project. 3. When requested in writing by City, Contractor shall provide "Partial Review Services," to review components of a project, such as foundation only, preliminary review, or other similar partial reviews. 4. The following shall be included when performing any review Services under this Agreement, including without limitation, Complete Plan Review Services, Structural Review Services and Partial Review Services: a. Compliance with Codes: Contractor shall review submitted design documents to ensure compliance with the state and local codes. Contractor shall review submitted design documents to ensure compliance to the edition of the following codes in effect in the City at the time of the review: 10 12720-0001 \1229716Y2.doc California Building Code California Electrical Code California Plumbing Code California Building Energy Efficiency Standards California Mechanical Code State & Local Hazardous Materials Regulations City -Adopted Amendments or Ordinances b. ADA Evaluation and Compliance: Plans shall also be reviewed for compliance issues relating to the Americans with Disabilities Act, State Construction Related Accessibility Standards, and related regulations (collectively, "Disability Requirements"). C. Fire Code Compliance: Contractor shall review fire protection 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 City's local amendments. d. On -Site Services: When requested by City, Contractor shall provide experienced plan reviewers and licensed architects, structural and civil engineers to perform on -site plan review. e. On -Site Meetings: When requested by City, Contractor shall make its personnel available for pre -construction or pre -design meetings, field visits, contacts with the design team, and support for field inspection personnel. f. Green BuildingStandards: tandards: Contractor shall review plans for incorporation of green building concepts into project designs. g. Transporting Plans: Contractor shall arrange for all pick-up and delivery of plan review documents to and from City at no cost to City, with the goal of providing same -day service. h. Communicating Plan Review Results: When plans are not immediately approved, Contractor shall provide a list of comments ("Comment List") referring to specific details and drawings, and referencing applicable code sections. Contractor shall provide a clear, concise, and thorough Comment List from which City, designers, contractors, and owners can work. Comment Lists shall be delivered to City and other designated recipients (e.g., designers, contractors, owners) via email, facsimile, and/or reliable overland carrier. Contractor shall transmit plan review comments and coordinate re -checks directly with the applicant if requested by City. Contractor shall return to City competed plan review documents that are ready for approval for City's final approval. Code Interpretations: Code interpretations are subject to final review and approval by the Building Official. Contractor's engineers and plan examiners will provide unbiased recommendations and background 11 12720-0001 \1229716v2.doc information to help the Building Official make an informed decision. All plan review comments are subject to review and approval by the City. j. Communication: In addition to standard phone communication, custom reports shall be emailed or accessible via the web at City's request at no cost to City. Contractor shall be available by phone or e-mail to answer questions pertaining to our plan reviews, in addition to face-to-face meetings. k. Special Proiect Plan Review Needs: Contractor shall accommodate special project plan review needs such as multi -phased review. B. Certified Access Specialist Services When requested in writing by City, Contractor shall provide the services of a Certified Accessibility Specialist (CASp) to review plans for accessibility and for consultation on state and federal accessibility laws and regulations ("CASp Services"). The CASp shall be available to City, to permit applicants and to members of the public for consultations on compliance issues relating to Disability Requirements. Contractor shall comply with regulations to provide a sufficient number of building inspectors who are CASp certified by January 1, 2014. C. Initial Meeting Within thirty (30) days of the Effective Date of this Agreement, Contractor shall, at no charge, meet with City to discuss procedures and methodologies Contractor will use to track projects, communicate regarding projects, and address any other special requests of the City. D. Turnaround Timeframe Deadlines for Review All reviews shall be completed within the following timeframes ("Normal Review Time"): a. Initial plan review for new projects shall be completed within ten (10) working days. b. Re -checks shall be completed within five (5) working days. 2. Expedited Review Contractor shall accommodate special project plan review needs, including Expedited Review. When Expedited Review is requested by the City, the review shall be conducted within two (2) days for initial plan review and one (1) day for re- checks. 12 12720-0001\1229716v2.doc E. Field Inspection Services When requested by City, Contractor shall provide Field Inspection Services. Contractor shall provide Field Inspection Services within twenty-four hours (24) of a request for such Services by City. Emergency inspections (usually requests that pertain to a serious or urgent life/safety issue or natural disaster) shall be provided within six (6) hours of a request for such Services by City, including nights, weekends and holidays. Services Performed Field Inspection Services shall include, but are not limited to: a. Continuous or periodic construction inspections 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 codes. b. Commercial construction inspection, residential construction inspection and CASp inspection. All materials, resources, tools and training shall be supplied by Contractor. C. Inspection of buildings and structures for which building permits have been issued for compliance with approved plans and applicable codes and ordinances. d. Inspection for compliance with conditions of approval set by the City. e. Coordination of inspection services with other City or County departments, government agencies providing services, etc., or when more than one discipline is required for compliance with building and safety codes and regulations. Enforcement of conditions of approval associated with discretionary permits. g. Special inspections by qualified inspectors and investigations as requested by the City, including field and office research, and preparation of documents. h. Input of daily inspection information into permit tracking system. i. Emergency inspection services following a natural disaster. Contractor shall contact the Building Official for interpretations, local ordinances, local preferences, alternate materials and exceptions/alternates to the model codes. Items, if any, which cannot be resolved between the Contractor and project applicant, will be forwarded to the Building Official for final resolution. 13 12720-00011122971612. d oc When necessary for large or fast -track projects, multiple inspectors shall be provided. 2. Inspector Qualifications and Certifications Contractor's inspectors shall be ICC certified and 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 shall possess knowledge of approved and modern methods, materials, tools and safety used in building inspection and the most current building standards. 3. Tools and Equipment Contractor shall provide all vehicles, fuel, maintenance and other equipment necessary for inspectors to carry out duties. F. Other Related Services Contractor shall provide other professional services when authorized in writing by the City. 14 12720-0001 \122971612.doc r � EXHIBIT B FEES AND EXPENSES I. FEES In consideration for the Services provided by Contractor under this Agreement, City shall pay Contractor as follows: A. Plan Review Services 1. Complete Plan Review Services Fee For Complete Plan Review Services, Contractor shall be paid a fee equal to sixty percent (60%) of the plan review fees based on the adopted City fee schedule. If major revisions are necessary to previously approved documents, additional plan review services shall be paid on an hourly basis using the rates in Section D below. 2. Structural Review Services Fee For Structural Review Services, Contractor shall be paid a fee equal to forty-five percent (45%) of the plan review fees based on the adopted City fee schedule. 3. Partial Reviews Fee For Partial Review Services, Contractor shall be paid a fee agreed to in advance in a writing signed by both Parties, or provide services on an hourly basis using the rates listed in the General Hourly Rates schedule in Section D below. City hereby agrees that the City Administrator, or his designee, shall have the authority on behalf of the City to negotiate the fee for Partial Review Services and execute the writing on behalf of the City. 4. Expedited Review When Expedited Review for Complete Plan Review Services are requested by the City and provided by the Contractor, Contractor shall be paid a fee agreed to in advance in a writing signed by both Parties. City hereby agrees that the City Administrator, or his designee, shall have the authority on behalf of the City to negotiate the fee for Expedited Review for Complete Plan Review Services and execute the writing on behalf of the City. B. Field Inspection Services Field Inspection Services, including emergency inspection services, if required, shall be paid at the hourly rates listed. Contractor shall be paid a minimum four (4)-hour inspection charge on all call -out services. 15 12720-0001 \1229716v2.doc C. CASp Services CASp Services, if required, shall be paid at the hourly rates listed in Section D below. D. Schedule of Hourly Billing Rates Contractor shall be paid at the following hourly billing rates for Services provided on an hourly basis, billed in increments of one tenth of one hour: CLASSIFICATION HOURLY BILLING RATE BuildingOfficial................................................................................................... $98.00 Supervising Plan Review Engineer..................................................................... $88.00 Plan Review Engineer and CASp services......................................................... $88.00 Senior Plans Examiner....................................................................................... $84.00 PlansExaminer.................................................................................................. $90.00 PermitTechnician............................................................................................... $45.00 SupervisingInspector......................................................................................... $85.00 Senior Inspector/Project Manager...................................................................... $80.00 CombinationInspector II..................................................................................... $78.00 Residential Inspector I........................................................................................ $74.00 Housing Inspector/Code Enforcement Officer ..................................................... $64.00 Overtime..............................................................................25% of Above Listed Rates II. EXPENSES A. Mileage City shall reimburse Contractor for mileage, at the rate of fifty cents ($0.50) per mile, when Contractor's travel is directly related to Services being performed under this Agreement. B. Other Expenses 1. City shall reimburse Contractor for the following expenses, when the expense is pre -approved in writing by the City Administrator or his designee: Special equipment rentals, public transportation costs, bridge tolls, parking, special printing requirements. Such expenses shall be at cost, with no mark-up. 2. Contractor shall not charge City for courier or shipping services. 16 12720-0001 \1 229716v2.doc RECEIVED 11 IL 0 6 2010 CITY CLERK'S OFFICE STAFF REPORT COMMUNITY SERVICES & WATER DEPARTMENT DATE: June 30, 2010 \ TO: Honorable Mayor and City _Council FROM: Samuel Kevin Wilson, Director of Community Services & Water RE: ON -CALL BUILDING PLAN REVIEW AND CASp CONSULTING SERVICES The City of Vernon Building Department had a. contract with Melad and Associates .(Melad) for on -call building plan check and inspection services. Melad provided support services to the Building Department if the volume of building permit applications submitted overwhelmed the current staff s ability to process the applications in a timely manner. In addition; in the event of a disaster, the consultant can provide additional inspection staff to assist in evaluating damaged structures in a timely manner to determine if they can be safely occupied. Lastly, the consultant provided specialized consulting services to plan check complex facilities beyond our current staff s technical knowledge. It should be noted that over the four (4) year period that the City had retained Melad for on -call purposes the City did not utilize their services: State law requires each Cityy to employ or retain a Certified Accessibility Specialist (CASp) by July 1, 2010: Neither the City nor Melad are currently CASp certified. This specialist will provide consultation to the City, permit applicants and members of the public on compliance with State Construction Related. Accessibility standards (disable requirements): The Department obtained proposals from Melad, EsGil Corporation, California. Code Check, and Interwest Consulting Group. City staff is recommending that Interwest Consulting Group, be retained to provide on -call building plan.review and CASp consulting services based on quality of services they can provide,. expertise in building construction, and cost of services. The City Attorney's office prepared the enclosed Services Agreement between the City of Vernon and Interwest Consulting Group for on -call building plan review services and CASp consulting: services. It is my recommendation that the City Council approve said Services Agreement with an effective date of July 1, 2010. Thank you. SKW/ca Enclosure JUL.: 0._Y 2010 of VPR� C LT t COMMUNITY SERVICES & WATER DEPARTMENT . . . . . . COMMUNITY . . . . . SERVICES. ... . WATER. DEPARTMENT . . . OFFICE MEMORANDUM A.6 - 0 TO: Donal Owallaghan, City Administrator FROM: Samuel Kevin Wilson, Director of Community Services & Water DATE: June 30, 2010 SUBJECT: ON -CALL BUILDING PLAN REVIEW AND CASp CONSULTING SERVICES The City of Vernon Building Department had a contract with Melad and Associates (Melad) for on -call building. plan check and inspection services. Melad provided support services to the Building Department if the volume of: building permit applications submitted overwhelmed the current staff s ability to process the applications in a timelymanner.. In addition, in the event of.a disaster,the consultant can provide additional inspection staff to assist in evaluating.damaged structures in. a timely manner to determine if they can be safely occupied. Lastly, the consultant provided specialized consulting services to plan check complex facilities beyond our current staffs technical knowledge. It should be noted that over the four (4) year period that the' City had retained Melad for on -call purposes the City did not utilize their services. State. law requires each City to employ or retain a Certified Accessibility Specialist (CASp) by July 1, 2010. Neither the City nor Melad are currently CASp certified. This specialist will provide consultation to the City, permit applicants and members of the public on compliance with State Construction Related Accessibility standards (disable requirements): The Department obtained proposals from Melad, EsGil Corporation, California Code Check, and Interwest Consulting Group. City staff is recommending that Interwest Consulting Group be retained to provide on -call building plan review services and CASp consultation services based on quality. of services they can provide, expertise in building construction, and cost of services. The City Attorney's office prepared the enclosed Services Agreement between the City of Vernon and Interwest Consulting Group for on -call building plan review services and CASp consulting services. Enclosed is a, Staff Report recommending that the City Council approve said. Services Agreement . with an effective date.of, July 1, 2010. Please place this item on the next City Council agenda. Thank you. SKW/ca Enclosures ,C FE IV IL JU[ 0-:1.2010 BY:_ - i- � _aa SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND INTERWEST CONSULTING GROUP, INC. FOR ON -CALL BUILDING PLAN REVIEW SERVICES AND CERTIFIED ACCESSIBILITY SPECIALIST CONSULTING SERVICES COVER PAGE Contractor: Interwest Consulting Group, Inc. Responsible Principal of Contractor: Timothy (Tim) D'Zmura, PE, CBO Principal-in-Charge/Supervising Plan Review Engineer/Certified Building Official Notice Information - Contractor: Interwest Consulting Group, Inc. 4113 Bellflower Boulevard Long Beach, CA 90808 Attention: Timothy (Tim) D'Zmura Phone: (562) 420-7905 Facsimile: (562) 420-7815 Cell: (562) 896-2123 Notice Information - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Donal- O'Callaghan, City Administrator Telephone: (323) 583-8811 ext. 561 Facsimile: (323) 826-1408 Commencement Date: July 1, 2010 Termination Date: June 30, 2011, unless extended pursuant to Section 1 Consideration: As described in Exhibit B 1 12720-0001\1229716v2.doc SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND INTERWEST CONSULTING GROUP, INC. FOR ON -CALL BUILDING PLAN REVIEW SERVICES AND CERTIFIED ACCESSIBILITY SPECIALIST CONSULTING SERVICES THIS AGREEMENT is made and entered into as of , 2010 ("Effective Date"), by and between the City of Vernon, a California charter City and California municipal corporation ("City"), and Interwest Consulting Group, Inc., a Colorado corporation ("Contractor") City and Contractor are collectively referred to herein as the "Parties." RECITALS A. City desires to have certain on -call building plan review services and certified accessibility specialist consulting services provided as more fully set forth in the Scope of Services, attached hereto as Exhibit A. B. Contractor represents it is qualified and capable of furnishing the labor, materials, and expertise necessary to perform such services in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, the parties agree as follows: Section 1. Term and Time of Performance. (a) This Agreement shall commence upon the Commencement Date listed on the Cover Page, and shall remain and continue in effect through the Termination Date listed on the Cover Page, unless sooner terminated pursuant to the provisions of this Agreement. City may renew this Agreement on a year-to-year basis at its discretion. (b) In the event that City renews this Agreement, Contractor may submit a proposal to increase its rates no later than thirty (30) days after receiving notice of City's intent to renew. Any increase in rates must be approved by City before such increase can take effect. If City fails to approve the proposed increase within thirty (30) days of receipt, Contractor may terminate the renewal by giving thirty (30) days written notice. Section 2. Performance. (a) Contractor shall perform the services and tasks described and set forth in the Scope of Services, Exhibit A ("Services"). Additional services must be mutually agreed upon in writing -signed by both Parties prior to performance of those additional services. (b) Contractor shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all Services under this Agreement in accordance with the standard of care and skill ordinarily exercised by members of the profession -currently practicing in the same locality as the City under similar circumstances and in a manner reasonably satisfactory to City. Contractor shall at all times comply with the highest ethical standards when performing Services for the City. (c) Contractor shall keep itself informed of all local, state, and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way 2 1272 0-0001 \ 1229716v2. d o c affect the performance of its Services pursuant to this Agreement. Contractor shall at all times observe and comply with all such ordinances, laws and regulations. City, and its officers, officials, employees, agents or volunteers shall not be liable at law or in equity occasioned by failure of Contractor to comply with this section. (d) Contractor will not be compensated for any work performed not specified in Exhibit A unless City authorizes such work in advance and in writing. Section 3. Compensation. (a) City agrees to compensate Contractor, and Contractor agrees to accept in full satisfaction for the Services required by this Agreement, the fees and expense reimbursements set forth in Exhibit B ("Fees and Expenses"). The Fees and Expenses shall constitute reimbursement of Contractor's fee for the Services as well as the actual cost of any equipment, materials, and supplies necessary to provide the services (including without limitation, all labor, materials, delivery, tax, assembly, and installation, as applicable). (b) Contractor shall be entitled to reimbursement only for those expenses expressly set forth in Exhibit B. Any expenses incurred by Contractor that are not expressly authorized by this Agreement will not be reimbursed by City. Section 4. Method of Payment. (a) Invoices. Contractor shall submit invoices monthly for Services and expenses. Invoices shall include the month for which the Services were provided, the dates of such services, and a description of the services provided for that billing period. Each invoice shall include copies of timesheets, if any, and other supporting documents as City may require. (b) Payments by City. Payments of each invoice shall be made by City within thirty (30) days following receipt of each invoice as to all non -disputed fees. If City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of the disputed invoice. Any amounts in dispute shall be withheld until resolution. Section 5. Personnel. All persons performing Services shall have all the necessary technical expertise, permits, professional licenses, certificates, training, and other qualifications required by this Agreement or other applicable laws. Contractor shall provide City with said permits, licenses, and certificates at the request of City. Section 6. Access. Contractor shall comply with all reasonable access _and other restrictions that City may impose. No access to City property for performance of the Services shall be permitted prior to delivery to City of proof of insurance paid and maintained by Contractor. Section 7. Contractor's Duties and Representations. Contractor represents, covenants and agrees as follows: (a) There are no obligations, commitments, or impediments of any kind that will limit or prevent performance of the Services. 3 12720-0001\1229716v2.doc (b) Contractor presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Services contemplated by this Agreement. No person having any such interest shall be employed by or be associated with Contractor. (c) There is no litigation pending against Contractor and Contractor is not the subject of any criminal investigation or proceeding, and neither Contractor nor its personnel, to its actual knowledge, have been convicted of a felony. Section 8. Independent Contractor. (a) Contractor is and shall at all times remain, as to City, a wholly independent contractor. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, officials, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, officials, employees, agents, or volunteers of City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any, manner. (b) No employee benefits shall be available to Contractor or its officers, employees, or agents in connection with the performance of this Agreement. Except for Consideration paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing Services hereunder for the City. City shall not be liable for compensation or indemnification to Contractor or its officers, employees, or agents for injury or sickness arising out of performing Services hereunder. (c) Contractor agrees to pay and be responsible for paying all Federal, State and local taxes for compensation received by Contractor from City while performing services for City. Section 9. Termination. (a) Termination Right. Either Party may, at any time, for any reason or for no reason, with or without cause, terminate this Agreement, by serving upon the other Party at least fifteen (15) days prior written notice. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. (b) Payment Upon Termination. In the event this Agreement is terminated without cause pursuant to this section, City shall pay Contractor for work performed up to the time of termination, calculated on a pro rata basis for any partial months and Contractor shall submit an invoice to City as required under this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation. (c) Actions Subsequent to Termination. In the event of termination of this Agreement, Contractor shall deliver all Confidential Information, as defined in Section 11 below, to City within thirty (30) days after the termination of this Agreement. Contractor shall also take all such other action as City reasonably requires and shall cooperate with City to effectuate an orderly and systematic termination of Contractor's duties and activities hereunder. 0 12720-0001 \1229716v2. doc (d) All of the terms and conditions in the Agreement related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive termination of this Agreement. Section 10. Limitation of City's Liability. City's liability on any kind of claim for any loss or damage arising out of, in connection with, or resulting from this Agreement, shall in no case exceed the amount that would be paid to Contractor for the full performance of the services required by this Agreement. In no event shall City be liable for anticipated profits or for incidental, consequential or punitive damages. City shall not be liable for penalties of any description. Section 11. Confidential Status; Disclosure of Information. (a) Confidential Status; Disclosure of Information. All data, customer information, business practices, business methods, privileged information, trade secrets, financial statements, floor plans, designs, maps, surveys, drawings, models, reports, correspondence, logs; documents, materials or other information developed or created by Contractor, received by Contractor, revealed to Contractor, or provided to Contractor for the performance of this Agreement ("Confidential Information") are deemed confidential and shall not be disclosed by Contractor to any third party without City's prior written consent. City shall grant consent if disclosure is legally required. All Confidential Information shall be returned to City upon the termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. City may disclose to third parties any Confidential Information at its sole and absolute discretion. (b) Contractor's obligation not to disclose any Confidential Information shall not extend to information that: i. was in the possession of, orwas-rightfully known by, the Contractor without an obligation to maintain its confidentiality prior to receipt from City; ii. is or becomes generally known to the public without violation of this Agreement; iii. is obtained without an obligation of confidentiality by the Contractor in good faith from a third party having the right to disclose it without an obligation of confidentiality; or iv. information which is required to be disclosed pursuant to any court order or directive having the force of law. (c) The provisions of this section shall survive the termination of this Agreement. Section 12. Default. Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to Contractor. 5 12720-0001 \1 229716v2.doc Section 13. Indemnification. Contractor agrees to defend, indemnify, protect and hold harmless City, its officers, officials, employees, agents, and volunteers from and against any, and all claims, suits, demands, actions, losses, damages, judgments, settlements, penalties, fines, defensive costs or expenses, including without limitation, interest, attorneys' fees and expert witness fees, or liability of any kind or nature arising out of or attributable to the acts or omissions of Contractor, or Contractor's officers, employees, or agents which in any way arise out of, result from, or are in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the sole negligence or willful misconduct of City, its officers, officials, employees, agents, or volunteers. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT AND SHALL BE GIVEN THE BROADEST POSSIBLE INTERPRETATION. The obligations in this section are in addition to Contractor's duty to provide insurance and shall not be limited by any limitation on the amount or type of insurance coverage carried by Contractor. Section 14. Insurance. (a) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by Contractor or Contractor's officers, employees, or agents. (b) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by Contractor or Contractor's officers, employees, or agents in performing the services required by this Agreement. (c) Contractor agrees to maintain in force at all times during the performance of work under this Agreement workers compensation as required by law. (d) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Excess Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, and provide policy conditions as broad as those required in the primary insurance. (e) Contractor shall require each of its sub -consultants or sub -contractors to maintain insurance coverage that meets all of the requirements of this Agreement. (f) The policy or policies required by this Agreement -shall be issued by an insurer admitted in the State of California and with a rating of at least a B+; VII in the latest edition of Best's Insurance Guide. (g) Contractor shall require each of its subconsultants or sub -contractors to maintain insurance coverage which that meets all of the requirements of this Agreement. 0 12720-0001 \1 229716v2.doc (h) Contractor agrees that if it does not keep the aforesaid insurance in full force and effect City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Contractor's expense, the premium thereon. (i) At all times during the term of this Agreement, Contractor shall maintain on file with the Risk Manager, a certificate or certificates of insurance, satisfactory to the City Attorney and Risk Manager, along with a copy of the policy declarations page for each policy, showing that the aforesaid policies are in effect in the required amounts. Upon request by City, Contractor shall cause its insurers to issue certified copies of the insurance policies evidencing that the coverage and policy endorsements required under this Agreement are maintained in force. Contractor shall, prior to commencement of work under this Agreement, file with the Risk Manager, such certificate or certificates and a copy of the policy declarations page for each policy. The policies of insurance required by this Agreement shall contain an endorsement naming the City, its officers, officials, employees, agents, and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except with thirty (30) days prior written notice to City, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this Agreement. 0) The insurance provided by Contractor shall be primary to any coverage available to City, and any insurance or self-insurance maintained by City, its officers, officials employees, agents, or volunteers shall be excess of Contractor's insurance and shall not contribute with it. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation. Contractor hereby waives all rights of subrogation against City, its officers, officials, employees, agents, and volunteers. (k) Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, Contractor shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses. Section 15. Assignment and Subcontracting. Contractor shall not assign or attempt to assign any portion of this Agreement, or subcontract any required performance hereunder, without the prior written approval of City. Any assignment or subcontract made in violation of this section is invalid and void. Section 16. Arbitration and Venue. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in Los Angeles, California, before three arbitrators. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. All decisions of the arbitrators shall be in writing, and the arbitrators shall provide written reasons for their decision. The arbitration decision shall be final and binding on the Parties. Judgment on the award may be entered in any court having jurisdiction pursuant to this Agreement. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court having jurisdiction pursuant to this Agreement. The exclusive jurisdiction and venue under this Agreement shall be the Superior Court of California; Los Angeles County. VA 12720-0001\1229716v2.doc Section 17. Attorneys Fees. In the event a dispute, claim or litigation arises regarding this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys fees and actual costs, which may be set by the arbitrators or the court in the same action or in a separate action brought for that purpose, in addition to any other relief which is obtained. Section 18. Governing Law. This Agreement shall be interpreted and enforced according to, and the Parties rights and obligations governed by, the domestic law of the State of California, without regard to its laws regarding choice of applicable law. Section 19. Entire Agreement and Modifications. This Agreement, including attachments incorporated herein by reference, represents the entire agreement and understanding between the Parties, and any negotiation, proposals or oral agreements are intended to be integrated herein and to be superseded by this Agreement. This Agreement may only be modified by a writing signed by both Parties. Section 20. Waiver. The waiver by either party of a breach or default by the other party shall not be deemed a waiver of any different or later breach whether of the same or other covenant or condition; nor shall any delay or omission by either party to exercise any right it may have hereunder operate as a waiver of any breach or default of such a right. The failure of either party to this Agreement to exercise any of its rights under this Agreement does not constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. Section 21. Force MJeure. Neither party shall be considered in default of any of its obligations under this Agreement when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" shall mean flood, earthquake, storm, -fire, lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal action, statute, ordinance, or -regulation, embargoes of the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of due diligence has been unable to overcome. Either party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force shall give written notice within five (5) business days of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch. Section 22. City Not Obligated to Third Parties. City shall not be obligated or liable under this Agreement to any party other than Contractor. Section 23. Notices. All notices, approvals, consents and other communications between the parties shall be in writing, and shall be sent by certified mail (return receipt requested) or other delivery service which provides evidence of delivery, using the address set forth on the Cover Page under "Notice Information - City" or "Notice Information — Contractor," as appropriate, or at such other address as may be furnished by either party to the other in writing. Mailed notices will be deemed communicated as of the day of receipt. Section 24. Cover Page and Exhibits. The Cover Page and all documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. 8 12720-0001 \1 229716v2.doc Section 25. Headings. Headings used in this Agreement are for convenience reference only and shall not affect the interpretation of the Agreement. Section 26. Survival of Terms. All of the terms and conditions in this Agreement related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive termination of this Agreement. Section 27. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and shall in no way be affected, impaired or invalidated. Section 28. Authority to Execute This Agreement. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations under this Agreement. IN WITNESS WHEREOF, the parties have signed this Agreement as of the date stated in the introductory clause. City of Vernon, a California charter City and California municipal corporation 0 HILARIO GONZALES Mayor ATTEST: WILLARD`G. YAMAGUCHI, City Clerk APPROVED AS TO FORM: LAURENCE S. WIENER, City Attorney 12720-0001\1229716v2.doc Interwest Consulting Group, Inc., a Colorado corporation By: Name Title: By: Name: Title: .01 EXHIBIT A SCOPE OF SERVICES RESPONSIBLE PRINCIPAL AND OFFICE LOCATION Tim D'zmura, PE, CBO shall be Contractor's principal in charge and main point of contact for Services provided under this Agreement ("Responsible Principal"). Paul Armstrong, PE, CBO shall be the Contractor's project manager and the secondary contact when Responsible Principal is unavailable. Services shall be directed out of Contractor's Long Beach office location. If. NO OBLIGATION TO USE CONTRACTOR This is an Agreement to provide on -call Services when requested in writing by the City. The Parties hereby agree that it shall be at the City's sole and absolute discretion whether to request Contractor to perform any Services. City shall not be obligated or liable under this Agreement to request Contractor's Services or to use Contractor to perform any of the Services specified in this Agreement. III. SERVICES Contractor shall perform the following work pursuant to this Agreement (collectively, the "Services"): A. Plan Review Services When requested in writing by City, Contractor shall provide "Complete Plan Review Services," defined as a first and second plan review and a quick third review (for approval purposes). 2. When requested in writing by City, Contractor shall provide "Structural Review Services," defined as a review of the structural components of a project. 3. When requested in writing by City, Contractor shall provide "Partial Review Services," to review components of a project, such as foundation only, preliminary review, or other similar partial reviews. 4. The following shall be included when performing any review Services under this Agreement, including without limitation, Complete Plan Review Services, Structural Review Services and Partial Review Services: a. Compliance with Codes: Contractor shall review submitted design documents to ensure compliance with the state and local codes. Contractor shall review submitted design documents to ensure compliance to the edition of the following codes in effect in the City at the time of the review: 10 12720-0001 \1 229716v2.doc California Building Code California Electrical Code California Plumbing Code California Building Energy Efficiency Standards California Mechanical Code State & Local Hazardous Materials Regulations City -Adopted Amendments or Ordinances b. ADA Evaluation and Compliance: Plans shall also be reviewed for compliance issues relating to the Americans with Disabilities Act, State Construction Related Accessibility Standards, and related regulations (collectively, "Disability Requirements"). C. Fire Code Compliance: Contractor shall review fire protection plans for compliance with all applicable fire code and standard requirements, including but not limited to the following: [CC Fire Code, Uniform Fire Code, California Fire Code, Life Safety Code, NFPA standards and City's local amendments. d. On -Site Services: When requested by City, Contractor shall provide experienced plan reviewers and licensed architects, structural and civil engineers to perform on -site plan review. e. On -Site Meetings: When requested by City, Contractor shall make its personnel available for pre -construction or pre -design meetings, field visits, contacts with the design team, and support for field inspection personnel. Green Building Standards: Contractor shall review plans for incorporation of green building concepts into project designs. g. Transporting Plans: Contractor shall arrange for all pick-up and delivery of plan review documents to and from City at no cost to City, with the goal of providing same -day service. h. Communicating Plan Review Results: When plans are not immediately approved, Contractor shall provide a list of comments ("Comment List") referring to specific details and drawings, and referencing applicable code sections. Contractor shall provide a clear, concise, and thorough Comment List from which City, designers, contractors, and owners can work. Comment Lists shall be delivered to City and other designated recipients (e.g., designers, contractors, owners) via email, facsimile, and/or reliable overland carrier. Contractor shall transmit plan review comments and coordinate re -checks directly with the applicant if requested by City. Contractor shall return to City competed plan review documents that are ready for approval for City's final approval. i. Code Interpretations: Code interpretations are subject to final review and approval by the Building Official. Contractor's engineers and plan examiners will provide unbiased recommendations and background 11 12720-0001 \1 229716v2.doc information to help the Building Official make an informed decision. All plan review comments are subject to review and approval by the City. Communication: In addition to standard phone communication, custom reports shall be emailed or accessible via the web at City's request at no cost to City. Contractor shall be available by phone or e-mail to answer questions pertaining to our plan reviews, in addition to face-to-face meetings. k. Special Proiect Plan Review Needs: Contractor shall accommodate special project plan review needs such as multi -phased review. B. Certified Access Specialist Services When requested in writing by City, Contractor shall provide the services of a Certified Accessibility Specialist (CASp) to review plans for accessibility and for consultation on state and federal accessibility laws and regulations ("CASp Services"). The CASp shall be available to City, to permit applicants and to members of the public for consultations on compliance issues relating to Disability Requirements. Contractor shall comply with regulations to provide a sufficient number of building inspectors who are CASp certified by January 1, 2014. C. Initial Meeting Within thirty (30) days of the Effective Date of this Agreement, Contractor shall, at no charge, meet with City to discuss procedures and methodologies Contractor will use to track projects, communicate regarding projects, and address any other special requests of the City. D. Turnaround Timeframe Deadlines for Review All reviews shall be completed within the following timeframes ("Normal Review Time"): a. Initial plan review for new projects shall be completed within ten (10) working days. b. Re -checks shall be completed within five (5) working days. 2. Expedited Review Contractor shall accommodate special project plan review needs, including Expedited Review. When Expedited Review is requested by the City, the review shall be conducted within two (2) days for initial plan review and one-(1) day for re- checks. 12 12720-0001\1229716v2.doc E. Field Inspection Services When requested by City, Contractor shall provide Field Inspection Services. Contractor shall provide Field Inspection Services within twenty-four hours (24) of a request for such Services by City. Emergency inspections (usually requests that pertain to a serious or urgent life/safety issue or natural disaster) shall be provided within six (6) hours of a request for such Services by City, including nights, weekends and holidays. Services Performed Field Inspection Services shall include, but are not limited to: a. Continuous or periodic construction. inspections 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 codes. b. Commercial construction inspection, residential construction inspection and CASp inspection. All materials,- resources, tools and training shall be supplied by Contractor. C. Inspection of buildings and structures for which building permits have been issued for compliance with approved plans and applicable codes and ordinances. d. Inspection for compliance with conditions of approval set by the City. e. Coordination of inspection services with other City or County departments, government agencies providing services, etc., or when more than one discipline is required for compliance with building and safety codes and regulations. Enforcement of conditions of approval associated with discretionary permits. g. Special inspections by qualified inspectors and investigations as requested by the City, including field and office "research, and preparation of documents. h. Input of daily inspection information into permit tracking system. Emergency inspection services following a natural disaster. Contractor shall contact the Building Official for interpretations, local ordinances, local preferences, alternate materials and exceptions/alternates to the model codes. Items, if any, which cannot be resolved between the Contractor and project applicant, will be forwarded to the Building Official for final resolution. 13 12720-0001\1229716v2.doc When necessary for large or fast -track projects, multiple inspectors shall be provided. 2. Inspector Qualifications and Certifications Contractor's inspectors shall be ICC certified and 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 shall possess knowledge of approved and modern methods, materials, tools and safety used in building inspection and the most current building standards. 3. Tools and Equipment Contractor shall provide all vehicles, fuel, maintenance and other equipment necessary for inspectors to carry out duties. F. Other Related Services Contractor shall provide other professional services when authorized in writing by the City. M11 12720-0001 \1229716v2.doc EXHIBIT B FEES AND EXPENSES FEES In consideration for the Services provided by Contractor under this Agreement, City shall pay Contractor as follows: A. Plan Review Services 1. Complete Plan Review Services Fee For Complete Plan Review Services, Contractor shall be paid a fee equal to sixty percent (60%) of the plan review fees based on the adopted City fee schedule. If major revisions are necessary to previously approved documents, additional plan review services shall be paid on an hourly basis using the rates in Section D below. 2. Structural Review Services Fee For Structural Review Services, Contractor shall be paid a fee equal to forty-five percent (45%) of the plan review fees based on the adopted City fee schedule. 3. Partial Reviews Fee For Partial Review Services, Contractor shall be paid a fee agreed to in advance in a writing signed by both Parties, or provide services on an hourly basis using the rates listed in the General Hourly Rates schedule in Section D below. City hereby agrees that the City Administrator, or his designee, shall have the authority on behalf of the City to negotiate the fee for Partial Review Services and execute the writing on behalf of the City. 4. Expedited Review When Expedited Review for Complete Plan Review Services are requested by the City and provided by the Contractor, Contractor shall be paid a fee agreed to in advance in a writing signed by both Parties. City hereby agrees that the City Administrator, or his designee, shall have the authority on behalf of the City to negotiate the fee for Expedited Review for Complete -Plan Review Services and execute the writing on behalf of the City. B. Field Inspection Services Field Inspection Services, including emergency inspection services, if required, shall be paid at the hourly rates listed. Contractor shall be paid a minimum four (4)-hour inspection charge on all call -out services. 15 12720-0001 \1 229716v2.doc C. CASp Services CASp Services, if required, shall be paid at the hourly rates listed in Section D below. D. Schedule of Hourly Billing Rates Contractor shall be paid at the following hourly billing rates for Services provided on an hourly basis, billed in increments of one tenth of one hour: CLASSIFICATION Building Official .............................................. Supervising Plan Review Engineer ....... :........ Plan Review Engineer and CASp services .... Senior Plans Examiner .................................. Plans Examiner ............................................. Permit Technician .......................................... Supervising Inspector .................................... Senior Inspector/Project Manager ................. Combination Inspector II ................................ Residential Inspector I ................................... Housing Inspector/Code Enforcement Officer Overtime........................................................ EXPENSES A. Mileage HOURLY BILLING RATE .................................................. $98.00 .................................................. $88.00 .................................................. $88.00 .................................................. $84.00 .................................................. $90.00 .................................................. $45.00 .................................................. $85.00 .................................................. $80.00 .................................................. $78.00 ................................................. $74.00 .................................................. $64.00 ...................25% of Above Listed Rates City shall reimburse Contractor for mileage, at the rate of fifty cents ($0.50) per mile, when Contractor's travel is directly related to Services being performed under this Agreement. B. Other Expenses 1. City shall reimburse Contractor for the following expenses, when the expense is pre -approved in writing by the City Administrator or his designee: Special equipment rentals, public transportation costs, bridge tolls, parking, special printing requirements. Such expenses shall be at cost, with no mark-up. 2. Contractor shall not charge City for courier or shipping services. 16 12720-0001 \1 229716v2.doc Page 1 of 1 Juarez, Debbie From: Barcia, Ana Sent: Monday, July 19 2010 3:19 PM To: Juarez, Debbie Subject: RE: Interwest Consulting Group, Inc. - Insurance Inquiry -Approved 07/19/10 for On -call Building Plan REview Services & Certified Accessibility Sepcialits Consulting Services - Res. No. 2010-94 Current insurance on file. Thanks Ana Barcia City of Vernon Risk Management Department T: 323) 583-8811 ex 286 F: 323) 826-1439 abarcia@ci.vernonxa.us From: Juarez, Debbie Sent: Monday, July 19, 2010 3:17 PM To: Barcia, Ana Subject: Interwest Consulting Group, Inc. - Insurance Inquiry - Approved 07/19/10 for On -call Building Plan REview Services & Certified Accessibility Sepcialits Consulting Services - Res. No. 2010-94 Hi Ana. Please let me know if the above -referenced has valid insurance. Thank you. Deborah Juarez Records _%fanagementAssistant City of Vernon City Cferk's Office 4305 Santa Te Avenue Vernon, " 90058 (323) 583-8811 7/19/2010 Juarez, Debbie From: Arellano, Claudia Sent: Thursday, July 07, 2011 11:01 AM To: Juarez, Debbie Subject: RE: CC APPROVED ITEMS 07-05-11 Attachments: Interwest Consulting Group - Agreement Extension 2011.PDF Interwest insulting Group - A. -----Original Message ----- From: Juarez, Debbie Sent: Wednesday, July 06, 2011 4:54 PM To: Wilson, Kevin; Arellano; Claudia Subject: CC APPROVED ITEMS 07-05-11 Please send a copy of the correspondence for these items to the City Clerk's Office for the file. Thank you 1 Of f - COMMUNITY SERVICES & WATER DEPARTMENT Samuel Kevin Wilson, Director of Community Services & Water 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323') 583-8811 Fax (323) 826-1435 July 6, 2011 A-6 Timothy D'Zmura Interwest Consulting Group, Inc. 4113 Bellflower Boulevard Long Beach, California 90808 RE: INTENT TO EXTEND THE SERVICES AGREEMENT FOR FISCAL YEAR 2011/2012 Dear Mr. D'Zmura: On July 5, 2011 the City Council of the City of Vernon approved the extension for one year beginning July 1, 2011, the Services Agreement between the City of Vernon and Interwest Consulting 'Group, Inc. for on -call building plan review services and Certified Accessibility Specialist services pursuant to Section 1 of said Agreement, with no change in compensation. Thank you for your continued service. Sincerely, Samuel Kevin Wilson, P.E. Director of Community Services & Water SI{W/ca EycCusiveCy Industi iaC RECEIVED JUN 0 6 2012 Aft '�64 . as/a -9% CITY ADMINISTRATION JUN 0 7.2012 e CITY CLERKS OFF FF STAFF REPORT �uMMUNITY SERVICES & WATER DEPARTMENT DATE: June 5, 2012 TO: Honorable Mayor and City Council —s%J FROM: Samuel Kevin Wilson, Director of. Community Services & Water RE: On -Call Plan Check Services — Request to Extend Agreement The City entered into a one-year agreement with hrterwest Consulting Group (Interwest) to perform On -Call building plan check, inspection and Certified Access Specialist Services on behalf of the City's Building Department. The agreement was approved by the City Council and made effective on July 1, 2010. City staff is proposing to extend the agreement for a third year. The City Council approved the renewal of the agreement last year. According to the reform measures adopted by the City, each service contract should be rebid every three years and therefore the extension of the agreement for a third year is within these guidelines. City staff is recommending that the City Council approve a change order that would extend the agreement and would also require hrterwest to comply with the City's Living Wage Ordinance. According to the terms of the existing agreement, the agreement may be renewed on a year to year basis at the City's discretion by providing a written notice to Interwest. The City has provided notice to Interwest of its intent to renew the agreement and Interwest has advised that it is willing to continue to perform under the agreement at no change in compensation and in compliance with the City's Living Wage Ordinance. Although hnterwest has been under contract for nearly two years, to date the City has not had the need to utilize their services. Interwest is one of few companies that provide plan review, inspection and CASP services and are considered among the most competent companies. In the event of a catastrophe, such as an earthquake where the City may receive widespread damage or a project that City staff does not have expertise on, such as a new housing project, it is imperative that the City have the services of an on -call building plan check and inspection company to support City staffs efforts. Therefore, it is in the City's best interest to continue to use hnterwest as an On -Call resource. It is recommended that the City Council approve a change order to extend the Interwest agreement by one year from, July 1, 2012 to June 30, 2013, and incorporate into the agreement the City's Living Wage provisions. SKW Enclosures 4 RECErvE� .� e` JUN 0 1 2012 MMUNITY SERVICES & WATER DEPARTMENT Cli'1 CLERK'S OE OFFICE MEMORANDUM A-6 TO: Mark Whitworth, City Administrator FROM: Samuel Kevin Wilson, hector of Community Services and Water DATE: June 5, 2012 SUBJECT: On -Call Plan Check Services — Request to Extend Agreement The City entered into a one-year agreement with Interwest Consulting Group (Interwest) to perform On -Call building plan check, inspection and Certified Access Specialist Services on behalf of the City's Building Department. The agreement was approved by the City Council and made effective on July 1, 2010. City staff is proposing to extend the agreement for a third year. The City Council approved the renewal of the agreement last year. According to the reform measures adopted by the City, each service contract should be rebid every three years and therefore the extension of the agreement for a third year is within these guidelines. City staff is recommending that the City Council approve a change order that would extend the agreement and would also require Interwest to comply with the City's Living Wage Ordinance. According to the terms of the existing agreement, the agreement may be renewed on a year to year basis at the City's discretion by providing a written notice to Interwest. The City has provided notice to Interwest of its intent to renew the agreement and Interwest has advised that it is willing to continue to perform under the agreement at no change in compensation and in compliance with the City's Living Wage Ordinance. Although Interwest has been under contract for nearly two years, to date the City has not had the need to utilize their services. Interwest is one of few companies that provide plan review, inspection and CASP services and are considered among the most competent companies. In the event of a catastrophe, such as an earthquake where the City may receive widespread damage or a project that City staff does not have expertise on, such as a new housing project, it is imperative that the City have the services of an on -call building plan check and inspection company to support City staffs efforts. Therefore, it is in the City's best interest to continue to use hrterwest as an On -Call resource. It is recommended that the City Council approve a change order to extend the Interwest agreement by one year from, July 1, 2012 to June 30, 2013, and incorporate into the agreement the City's Living Wage provisions. SKW Enclosures May 22, 2012 Samuel Kevin Wilson, P.E. Director of Community Services and Water City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Subject: Extension of Services Agreement for Plan Check Services Dear Mr. Wilson, INTERWESTM CONSULTING GROUP R `NW MAY 3 0 2012 Community Services Thank you for the opportunity to continue to provide building and safety plan check services to the City of Vernon. We truly appreciate the opportunity to continue to assist the city with its plan check needs and look forward to the coming year. We are in receipt of your letter dated May 2, 2012 concerning the required notice for any proposed rate adjustments and the City's adopted living wage ordinance. After careful consideration of the terms of the contract and the proposed amendments, we have determined that we will continue to honor the fee structure and rates currently in place for the coming year. Additionally, we are in compliance with the City's adopted Living Wage Provisions and will continue to comply with these standards for the coming year. Thank you again for the opportunity to continue to serve the City. We look forward to receipt of a change order extending our agreement. Please do not hesitate to contact me directly if any additional information is required. My email address is tdzmura@interwesterp.com and my mobile number is 714.625.5840 Sincerely, eO V/% �.� Tim D'Zmura Municipal Services Director 15061 SPRINGDALE STREET, SUITE 205 • HUNTINGTON BEACH, CA 92649 TEL. 714.899.9039 9 FAX. 714.899.9146 CITY OF VERNON COMMUNITY SERVICES & WATER DEPARTMENT CONTRACT CHANGE ORDER NO. 1 SUPPLEMENT NO. SHEET 1 OF 2 SHEETS PROJECT: On -Call Building Plan Check, Inspection and CASP P.O. NO. Services TO: Interwest Consulting Group CONTRACTOR REQUESTED BY: You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally inchvJed in the cnntract AGREEMENT EXTENSION • Extend the existing On -Call Building Plan Review, Inspection and CASP Services agreement between the City of Vernon and Interwest Consulting Group by one-year with an effective date of July 1, 2012. The cost schedule provided by Interwest Consulting Group and attached as Exhibit B to the original agreement dated July 1, 2010 will continue to be used for compensation purposes. In addition, Interwest hereby agrees to abide by the City of Vernon's Living Wage Ordinance provisions, a copy of which is attached herewith and made a part hereof. Contract Amount Base Bid) ..................................... $ Exhibit B Amount of This Change Order .......................................... $ N/A Amount of Previous Change Orders ............................. $ N/A Total Change Orders I ..................................................... $ N/A Modified Contract Amount ............................................. $ Exhibit B By reason of this change order the time of July f Extends agreement from u2012 to June 30 2013 g y 1 completion will be adjusted as follows: ' Approved: Date: Director of Community Services & Water Date: Attest: Willard Yamaguchi, City Clerk the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all .We, labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Accepted Date: Contractor: By: Title: c: Project File/Contractor/Purchasing recv. Volvo LIVING WAGE PROVISIONS Minimum Living Wanes: A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. Paid and Unpaid Days Off: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the service contract of violating employers. INTERWEBTM CONSULTING GROUP TRANSMITTAL TO: FROM: Samuel Kevin Wilson, P.E.; Director of Tim D'Zmura Community Services & Water Interwest Consulting Group COMPANY: DATE: City of Vernon 6/5/2012 ADDRESS: 4305 Santa Fe Avenue, Vernon, CA 90058 PHONE NUMBER: RE: Community Services & Water Department -Contract Change Order No. 1 ❑ URGENT ❑ FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY NOTES/COMMENTS: Please find the enclosed City of Vernon, Community Services & Water Department "Contract Change Order No. 1 ". 1S061 SPRINGDALE STREET SUITE 205 HUNTINGTON BEACH, CALIFORNIA •92649 TEL. 714.899.9039 FAX 714.699.9146 CITY OF VERNON COMMUNITY SERVICES & WATER DEPARTMENT CONTRACT CHANGE ORDER NO. 1 SUPPLEMENT NO. SHEET 1 OF 2 SHEETS PROJECT: On -Call Building Plan Check, Inspection and CASP P.O. NO. Services TO: Interwest Consulting Group CONTRACTOR REQUESTED BY: You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally included in the contract. AGREEMENT EXTENSION • Extend the existing On -Call Building Plan Review, Inspection and CASP Services agreement between the City of Vernon and Interwest Consulting Group by one-year with an effective date of July 1, 2012. The cost schedule provided by Interwest Consulting Group and attached as Exhibit B to the original agreement dated July 1, 2010 will continue to be used for compensation purposes. In addition, Interwest hereby agrees to abide by the City of Vernon's Living Wage Ordinance provisions, a copy of which is attached herewith and made a part hereof. Contract Amount Base Bid)I ............................................... $ Exhibit B Amount of This Change Order I ............................................. $ N/A Amount of Previous Change Orders I ......................................... $ N/A Total Chane Orders I ..................................................... $ N/A Modified Contract Amount ............................................. $ Exhibit B reason of this change order the time of co s a Jul 1, 2012 to June 30 2013 completion will be adjusted as follows: g Ext dagreement from co Approved: Date: 6;' 2C�12 c tir of Commu ty Services &Water Attest: Date: L Willarqfamaguchi, City Clerk We, the undersigned Contractor, h e given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment thereforetheprices shown above. Accepted Date: J Contractor:���� By: Title: O1z' M✓�IU S N c: Project File/Contractor/Purchasing Rev. 06/08 LIVING WAGE PROVISIONS Minimum Living Wages: A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. Paid and Unpaid Days Off: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the service contract of violating employers. CONTRACT/AMENDMENT SIGNATURE ROUTING FORM CONTRACTOR: tzc"--') CONTRACT PURPOSE: "-Ec.c if- A;S -'.? '- 60 Kg— -6 \ It3c�CE. �1ua_c_�i#v4� CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE WCOMPETIVE SELECTION & NOTICED RFP O-COMP-ET-I-T-NE-BID-&-NO-T-IGED-INVI-T-A-T-ION TO BID ❑ EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED) N SERVICES 0 MATERIALS m BUDGETED 0 NOT BUDGETED TOTAL CONTRACT VALUE: $ L S i 6 6 o Charge Acct. No(s) 6 t t, lb y l 5 9 7 z o 0 Amendment Value $ Z zl 600 ❑ Contract is an Amendment to Contract No. (if Applicable) RESPONSIBLE DEPARTMENT PERSON: sty 1-1 (,h1 Liu + PHONE: X 2-cA 5 AUTHORIZATION: ❑ Approved by Council on (Check One) Resolution No. (if applicable) PApproved by City Administrator on a� 2zv �3 Note: Attach supporting documentation ❑Amendment Approved by (if applicable) ROUTING SEQUENCE: (Please Follow In Order —Do not use N/A) Initials Date (1) Responsible Department Person Checks substance of contract and assembles two (2) copies of Contract, required AA, insurance & bond documents, certifies compliance With Competitive Bidding and Purchasing Ordinance (2) Liability and Claims Approves insurance and sureties, if bonds required (3) Finance (Purchasing) J, I I� Checks compliance with Competitive Bidding &Living Wage Ordinances L `J�r�—�/ I And reflected in current budget (4) City Attorney ^ /11�1(1 Approves contract as to form, verifies bonds and insurance included (5) City Signatory Signs all copies on behalf of City (6) City Clerk Attests signatures, numbers, files contract, insurance and bonds, and transmits duplicate original to contractor Rev. 2/2' ra CITY OF VERNON -all COMMUNITY SERVICES & WATER DEPARTMENT AGREEMENT CHANGE ORDER NO. 2 SUPPLEMENT NO. SHEET 1 OF 1 SHEETS PROJECT: On -Call Building Plan Check, Inspection and CASp P.O. NO. 011.000 Services 8181 TO: Interwest Consulting Group CONSULTANT REQUESTED BY: City of Vernon ---You are -hereby directed -to -make -the -herein -described -changes -from -the -original scope of work ofthts a�eemetst E ejst3s specifically modified herein, all terms and conditions of the original agreement remain in full force and effect, and apply to the additional work as if said work was nriainally included in the aareement The current purchase order number 011.0008181 dated July 30, 2012 was for a not to exceed cost of $25,000. This change order will increase the not to exceed cost of purchase order 011.0008181 by $ 49,000 for a total not to exceed cost of $74,000. The cost schedule provided by Interwest Consulting Group and attached as Exhibit B to the original agreement dated July 1, 2010 will be continued to be used for compensation purposes. Agreement Amount (Base Bid) $ Not to exceed $25,000 Amount of This Change OrderI ............................................. $ $49,000 Amount of Previous Change Orders I ......................................... $ 0 Total Change Orders I ..................................................... $ $49,000 Modified Agreement Amount ............................................. $ Not to exceed $74,000 By reason of this change order the time of N/A time limit 1 of adjusted completion will be adjusted as follows: J Approved: � Date:.oy` City Administrator Date: _ Attest: 15 Dana Reed, City Clerk We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Accepted Date: 4101 Consultant: /N7P_-�WC.ST 60')SULI kJG G`Ql'up By: Title: ' µhwiC-tA7L S'cV:z'%1 C(sr nkQu'Z177�� c: Project rnen;onsunanvrurcnastng Rev. 03/10 RECEIVED APR 0 3 2013 CITY ADMINISTRATION Y ei COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM 4 / TO: Mark C. Whitworth, City Administrator FROM: Samuel Kevin Wilson, Director of Community Services & Water DATE: April 2, 2013 SUBJECT: Increase in Interwest Consulting Group's Purchase Order Amount The City of Vernon entered into an agreement with Interwest Consulting Group (`Interest") to perform On -Call plan review, inspection and CASp consulting Services for the City's Building Department. On July 30, 2012 a purchase order was issued to Interest for the subject work for a cost not to exceed $25,000. Through the City's early retirement program, Jerry Schreiber a Senior Electrical Inspector in the Community Services and Water Department retired. In order to fill this void and provide continued service to the community the City requested that Interest provide an electrical plan checker and inspector through the City's On -Call agreement. To date the City has not been able to hire a suitable replacement for the Senior Electrical Inspector. It appears that the not to exceed amount of $25,000 in the purchase agreement with Interest for their On -Call services will be exceeded. In discussion with the City's Finance Director he recommends issuing a Change order to increase the not to exceed amount of the purchase order. Please find attached herewith a proposed change order increasing the not to exceed amount of the purchase order to $74,000. With your approval the change order will be forwarded to Interest for execution. SKW CITY OF VERNON COMMUNITY SERVICES & WATER DEPARTMENT AGREEMENT CHANGE ORDER NO. 2 SUPPLEMENT NO. _ SHEET I OF 1 SHEETS PROJECT: On -Call Building Plan Check, Inspection and CASp 011.000 P.O. NO. 8181 Services TO: Interwest Consulting Group CONSULTANT REQUESTED BY: City of Vernon You are hereby directed to make the herein described changes from the original scope of work of this agreement. Except as specifically modified herein, all terms and conditions of the original agreement remain in full force and effect, and apply to the _11:.:,.-..i -1 .. {G..., iA . ...le . oll., rindrA in the agreement The current purchase order number 011.0008181 dated July 30, 2012 was for a not to exceed cost of $25,000. This change order will increase the not to exceed cost of purchase order 011.0008181 by $ 49,000 for a total not to exceed cost of $74,000. The cost schedule provided by Interwest Consulting Group and attached as Exhibit B to the original agreement dated July I, 2010 will be continued to be used for compensation purposes. Not to exceed Agreement Amount (Base Bid) ........ Amount of This Change Order ............................................. $ $49,000 Amount of Previous Change Orders I ......................................... $ 0 Total Change Orders I ..................................................... $ $49,000 $ Not to exceed Modified Agreement Amount ............................................. $74,000 By reason of this change order the time of N/A time limit is not adjusted completion will be adjusted as follows: Approved: Date: City Administrator Date: Attest: Dana Reed, City Clerk We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Accepted Date: Consultant: By: Title: c: Project File/Consultant/Purchasing acv. wi iv CERTIFICA' ILITY INSURANCE I 1010Ah10 YYY ) THIS CERTIFICATE IS ISSUED AS A MATTER CERTIFICATE DOES NOT AFFIRMATIVELY OI BELOW. THIS CERTIFICATE OF INSURAN REPRESENTATIVE OR PRODUCER, AND T the terms and conditions of the PRODUCER Jan Gilder once Cor� 151515 Wynkoop,koop, Suite Denver CO 80202 r 44 1076 Lincoln Place Boulder CO 80302 FrE HOLDER. - INSURED, the may %quire an AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES E A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED must be endorsed. If SUBROGATION IS WAIVED, subject to ant. A statement on this certificate does not confer rights to the COVERAGES CERTIFICATE NUMBER: 902316800 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR rypE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MWDDNYY'Yl POLICY EXP IMM1DDfYYYY)LIMITS B GENERAL LIABILITY Y Y 580746OM671 11/14/2012 1/14/2013 EACH OCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrent $1,000,000 MED EXP(Any one person) $10.000 CLAIMS -MADE OCCUR PERSONAL S ADV INJURY $2,000,000 GENERAL AGGREGATE $4,000,000 GEN-L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $4,000,000 POLICY x PRO- LOC JECTB $ AUTOMOBILE LIABILITY Y Y BA74661V429 11/14/2012 1/14/2013 Ea accident 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO ALL AUTOS OWNED SCHEDULED AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ $ B X UMBRELLA LIAB X OCCUR Y CUP1330T362 1/14/2012 1/14/2013 EACH OCCURRENCE $1.000,000 AGGREGATE $1,000,000 EXCESS LIAR CLAIMS MADE DED X I RETENTION$10.000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? NIA y XVMPJUB1339T93411 11/14/2012 1/14/2013 X WC STA7U- OTH- E.L. EACH ACCIDENT $1.000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory In NH) If yes, describe under DE ins,OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 A Professional Liability Claims Made Retro Date: 6/1/2002 DPR9703316 1/14/2012 1/14/2013 Per Claim $1,000,000 Annual Aggregate $3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) As required by written contract or written agreement, the following provisions apply subject to the policy terms, conditions, limitations and exclusions: The Certificate Holder is included as Additional Insured for your work, acts or omissions which includes completed operations under General Liability; Designated Insured under Automobile Liability; and Additional Insured under Umbrella / Excess Liability but only with respect to liability arising out of the Named Insured's work performed on behalf of the certificate holder and owner. This insurance will apply on a primary and non-contributory basis. A Blanket Waiver of Subrogation applies for General Liability, Automobile Liability, Umbrella/Excess Liability and Workers Compensation. The Umbrella / Excess Liability policy provides excess coverage over the General Liability, Automobile See Attached... City of Vernon 4305 Sante Fe Ave Vernon CA 90058 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Af>✓ 0 � AGENCY CUSTOMER ID: INTCON6 LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Van Gilder Insurance Corp. POLICY NUMBER * Interwest Consulting Group Naffa, Inc. 1076 Lincoln Place Boulder CO 80302 CARRIER NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, Liability. of Vernon, its officers, officials employees and agents INSURANCE APPROVED CITY OF VERNON RISK MANAGEMENT DATE PAUL D. KIEHL RISK MANAGER ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD do I vangilder September 1", 2010 Starting on 01 September 2010, the "Certificate of Liability Insurance' national template Issued by ACORD changed. The certificate contains new cancellation notice language. Van Glider, nor any other insurance agency, is no longer allowed to amend the certificate template. However, we understand how Important notice of certain items Is to you. Therefore, we are committed to providing the following: Should any of the policies Identified on the enclosed certificates be cancelled or non -renewed, Van Gilder will endeavor to provide 30 days notice to you or that amount of notice coinciding with the notice Van Glider receives from the insurance company. In the event of non-payment of premium, Van Gilder will endeavor to provide 10 days notice. Please note that failure to provide notice does not impose an obligation or liability on the Insurance company, or Its agents, or representatives. Please do not hesitate to contact us with any questions or concerns. Van Glider Insurance Corp. INSURANCE 4K ppGEm NT CITY OF VERNON RIS A. t UL p DATE RISK MANAGER Van Gilder Insurance Corporatlon I PO Box 46510 I Denver, CO $0201 1 Tel 800.873.8500 1 Fax 303.831 .5295 1 www.vgle.com M PswRss abmlVeMer POLICY NUMBER: 680-746ON671-TCT-12 COMMERCIAL GENERAL LIABILITY ISSUE DATE: 11-02-12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: MERCIAL—GENERAL—LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): CITY OF VERNON, ITS OFFICERS, OFFICIALS, EMPLOYEES 4305 SANTA FE AVENUE I N r" pVED VERNON CA 90058 CITY Of Jt;,,,iii itl.:Ii MANAGEMENT PROJECT/LOCATION OF COVERED OPERATIONS: DATI� Ui" ". KIEHL t<. N, AGER PROVISIONS A. The following is added to WHO IS AN INSURED The insurance provided to such additional insured (Section II): is limited as follows: The person or organization shown in the Sched- ule above is an additional insured on this Cover- age Part, but only with respect to liability for "bod- ily injury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. d. This insurance does not apply to the render- ing of or failure to render any "professional services". e. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance In COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that, for the addi- tional insured shown in the Schedule, the insur- ance provided to that additional insured under this CG D3 82 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance" for such addi- tional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional in- sured when the additional insured is also an addi- tional insured under any other insurance. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" on or for the pro- ject, or at the location, shown in the Schedule above, performed by you, or on your behalf, un- der a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with that additional insured entered into by you before, and in effect when, the "bodily injury" is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include the person or organization shown in the Schedule as an ad- ditional insured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs, and the "personal injury" is caused by an of- fense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. INSURANCE APPROVED MY OF YERIM RISK MANAGEMENT -1 DOE A.UI . KIEHL RiSr, .tANAGER Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 82 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission i INSURE A P P R 0 F0 CIYY OF VMON RI WANAM.MINT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE RISK MANAGER This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided-by-MISendalserrient, the-provistorts-o"he Coverage-Foml-apply-unless-modi- fted by the endorsement. GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Pad, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT — INCREASED LIMIT C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE • G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. B. EMPLOYEE HIRED AUTO 1. The following Is added to Paragraph A.1.. Who Is An Insured, of SECTION II — LI- ABILITY COVERAGE: An "employee" of yours is an "insured" while operating a covered "auto" hired or rented under a contract or agreement in that "em- ployee's" name, with your permission, while I. WAIVER OF DEDUCTIBLE —GLASS J. PERSONAL EFFECTS K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph It. in B.S., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow: and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". C. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: 006218 CA T4 20 07 10 02010 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- Ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION II - LIABILITY COVERAGE: (3) If a repair or replacement results in better • than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5) This Coverage Extension does not apply to: (2) Up to $3,000 for cost of bail bonds On- (a) Any "auto" that is hired, rented or bor- Iudlrlff-bomds-forTelated traffic Iaw—vicla- rowed with a driver; or tions) required because of an "accident" (b) Any "auto" that is hired, rented or bor- we cover. We do not have to fumish rowed from your "employee". these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION II - LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, Including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS - INCREASED LOAD CAPACITY The following replaces Paragraph CA. of SEC- TION I -COVERED AUTOS: "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph AA., Cover- age Extensions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Coverage is extended to "autos" that you hire, rem or borrow subject to the following; (1) The most we will pay for "loss" in any one "accident" to a hired. rented or borrowed "auto" is the lesser of: G. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III - PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT - INCREASED LIMIT Paragraph C.2.. Limit Of Insurance, of SEC- TION III - PHYSICAL DAMAGE COVERAGE is deleted. I. WAIVER OF DEDUCTIBLE -GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III - PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL EFFECTS The following is added to Paragraph AA., Cover- age Extensions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Personal Effects Coverage (a) $50,000; We will pay up to $400 for "loss" to wearing ap- (b) The actual cash value of the damaged or parel and other personal effects which are: stolen property as of the time of t� `UJn' n�rbJVED "loss"; or b� n� ur r (c) The cost of repairing or replacin y OF 1R4vJft4*FMANftotat damaged or stolen property with other theft of your covered "auto . property of like kind and quality. No deductibles apply t Pe onal Effects cover- (2) An adjustment for depreciation and physical age, condition will be made in determining actual . cash value in the event of a total "loss". DATr A L D KIEHL RISK MANAGER Page 2 of 3 ® 2010 The Travelers Indemnity Company. All rights reserved. CA T4 20 07 10 Includes copyrighted material of Insurance services Office, Inc. with its permission. E • K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of"loss" set forth in Paragraphs A.1.b. and A.1.c., but a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. AUTO LOAN LEASE GAP The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and COMMERCIAL AUTO (2) Any: (a) Overdue lease or loan payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. IIR.�BLANKET WAIVER OF SUBROGATION ���The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: S. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or "loss", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. INSURANCE V p p,� GEm ENT CITY OF VERNON Asa pAUL D. KIEHL I)ATE RISK MANAGER 005217 CA T4 20 07 10 02010 The Travelers Indemnity Company. All rights reamed. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLI Y Y & V� AMOVEDMIENT BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEY �> G95�/011 This endorsement modifies insurance provided under the following: DA EI PAUL D. KKIEHL —COMMERCIAL—GENERAL LIABILITY OAK MANAGER A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: a d. This insurance does not apply on any basis to any person or organization for which cover- C. age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section 111) for this Coverage Part. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 ® 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and .'property damage" occurs, and the 'persgmal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with Its permission COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS b. The "personal injury" or "advertising injury" for COMMERCIAL GENERAL LIABILITY —CONDITIONS which -coverage -is sought -arises -out -of -an -of - (Section IV), Paragraph 4. (Other Insurance), is fense committed amended as follows: subsequent to the signing and execution of that 1. The following is added to Paragraph a. Primary contract or agreement by you. Insurance: 1 2. The first Subparagraph (2) of Paragraph b. Ex - However, if you specifically agree in a written con- tract or written agreement that the insurance pro- vided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs, and cess Insurance regarding any other primary in- surance available to you is deleted. 3. The following is added to Paragraph b. Excess Insurance, as an additional subparagraph under Subparagraph (1): That is available to the insured when the insured is added as an additional insured under any other policy, including any umbrella or excess policy. 1.1'AANCE APPROVED CITY OF VERNON RISK MANAGEMEW A_a��_Jd ED. KIEHL RISK MANAGER CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 COMMERCIAL GENERAL LIABILITY However, this exclusion does not apply to your liability with respect to your conduct of the business of any current or past partner- ship or joint venture: a. That is not shown as a Named Insured in Any payments made under Coverage A for damages and under Coverage C for medical expenses shall reduce the Per Project Gen- eral Aggregate Limit for that "project", but shall not reduce: the Common Policy Declarations, and a. Any other Per Project General Aggregate b. In which you are a member or partner Limit for any other "project'; where each and every one of your co- b. The General Aggregate Limit; or ventures in that joint venture is an archt- c. The-Products=Completed-Operations-g- tectural, engineering, or surveying firm. gregate Limit. 2. This Provision P. does not apply to any per- The limits shown in the Declarations for this son or organization for which coverage is ex- Coverage Part for Each Occurrence, Dam- cluded by another endorsement to this Cov- age To Premises Rented To You and Medical erage Part. Expense are also subject to the Per Project 3. The insurance provided by this Provision P. General Aggregate Limit when the Per Pro - shall be excess over any valid and collectible ject General Aggregate Limit applies. other insurance, whether primary, excess, 3. As used in the Provision Q.: contingent or on any other basis, which is available covering your liability with respect to your conduct of the business of any current or past partnership or joint venture that is not shown as a Named Insured in the Common Policy Declarations and which is issued to such partnership or joint venture. Q. PER PROJECT GENERAL AGGREGATE LIMIT 1. Paragraph 2. of LIMITS OF INSURANCE (Section III) is deleted and replaced by the following: The General Aggregate Limit is the most we will pay for the sum of: a. Damages under Coverage B; and b. Damages from "occurrences" under Cov- erage A and for all medical expenses caused by accidents under Coverage C which cannot be attributed only to opera- tions at a single "project". 2. The following is added to LIMITS OF IN- SURANCE (Section III): A separate Per Project General Aggregate Limit applies to each "project" for all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A and for all medical ex- penses caused by accidents under Coverage C which can be attributed only to operations at a single "project", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations for this Coverage Part. "Project" means an area away from premises owned by or rented to you at which you are performing operations pursuant to a contract or agreement. For the purposes of determin- ing the applicable aggregate limit of insur- ance, each "project" that includes premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right- of-way of a railroad shall be considered a sin- gle "project". R. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2. Duties In The Event of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): Notice of an "occurrence" or of an offense which may result in a claim must be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), one of your trustees who is an individual (if you are a trust), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice. Knowledge by any other "employee" of an "occur- rence" or offense does not imply that you also have such knowledge. Page 6 of 8 © 2007 The Travelers Companles, Inc. CG D3 79 09 07 TRAVELERS J k WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD, CT 06193 ENDORSEMENT WC 99 03 76 ( A) — 001 POLICY NUMBER: (XVNPJUB-1339T93-4-12) WAIVER OFOUR RIGHT -TO -RECOVER - FROM -OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be 3 mium. Schedule Person or Organization ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. INSURANCE SK MAN�a � T VED CITY OF VERNON RI 'p D TE % of the California workers' compensation pre - Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Insured Insurance Company Policy No. Countersigned by Endorsement No. Premium DATE OF ISSUE: 11-02-12 ST ASSIGN: Page 1 of 1