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HomeMy WebLinkAboutC-8507-3 - PSA for Building Plan Review and Inspection Servicesr AMENDMENT NO. ONE TO OO PROFESSIONAL SERVICES AGREEMENT WITH INTERWEST CONSULTING GROUP, INC. FOR V BUILDING PLAN REVIEW AND INSPECTION SERVICES THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 11th day of June, 2020 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and INTERWEST CONSULTING GROUP, INC., a Colorado corporation ("Consultant"), whose address is 15140 Transistor Lane, Huntington Beach, California 92649, and is made with reference to the following: RECITALS A. On June 27, 2017, City and Consultant entered into a Professional Services Agreement ("Agreement") for Consultant to provide building plan review and inspection services ("Project'). B. The parties desire to enter into this Amendment No. One to extend the term of the Agreement to June 30, 2022, to update the Administration and Conflicts of Interests sections, and to update insurance requirements. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2022, unless terminated earlier as set forth herein." 2. ADMINISTRATION Section 6 of the Agreement is amended in its entirety and replaced with the following: "This Agreement will be administered by the Community Development Department. City's Community Development Director or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement." 3. CONFLICTS OF INTEREST 3.1 Section 24 of the Agreement is amended in its entirety and replaced with the following: "24.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seg., which (1) require such persons to disclose any financial Interwest Consulting Group, Inc. Page 1 interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act and/or Government Code §§ 1090 et sea., Consultant shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section." 4. INSURANCE REQUIREMENTS Exhibit C, "Insurance Requirements," Section 5(A), is amended in its entirety and replaced with the following: 'A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Not cation of Award." Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time." 5. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Interwest Consulting Group, Inc. Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: W h O L„a By: d��!��_ /v Aaron C. Harp City Attorney ATTEST: Date: 30�Zo20 Leilani I. Brown Cit) CITY OF NEWPORT BEACH, a California municipal corporation Date: By: rac K. Leung C" Manager CONSULTANT: Interwest Consulting Group, Inc., a Colorado corporation Date: Signed in Counterpart By: Ron Beehler Director, Building Safety Services Date: M Signed in Counterpart James G. Ross Public Works Group Leader [END OF SIGNATURES] Interwest Consulting Group, Inc. Page 3 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: /20 By: Aaron C. Harp City Attorney ATTEST: Date: 0 Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Grace K. Leung City Manager CONSULTANT: Interwest Consulting Group, Inc., a Colorado corporation Date: iS Zuz0 By: Ro Beehler Director, Building Safety Services /7/ZU G. Ross Works Group Leader [END OF SIGNATURES] Interwest Consulting Group, Inc. Page 3 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 5/7/2020 Dept./Contact Received From: Brittany Ramirez Department: CDD Sent to: Marissa By: Brittany Company/Person required to have certificate: Interest Type of contract: if. Professional Services Aqreement GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 10/3/2019-10/3/2020 A. INSURANCE COMPANY: Hartford Fire Insurance Co. NAIC#19682 B. AM BEST RATING (A-: VII or greater): A+:XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1 M or greater): What is limit provided? E. ADDITIONAL INSURED ENDORSEMENT— please attach F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? H. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) O Yes ❑ No $1 M occur / $2M agg O Yes ❑ No O Yes ❑ No O Yes ❑ No O N/A ❑ Yes ❑ No AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 10/3/2019-10/3/2020 A. INSURANCE COMPANY: Hartford Casualty Insurance Co NAIC#29424 B. AM BEST RATING A-: VII or greater) A+:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? E. PRIMARY & NON-CONTRIBUTORY WORDING ENDORSEMENT -please attach F. HIRED AND NON -OWNED AUTO ONLY: G. ADDITIONAL INSURED ENDORSEMENT — please attach H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? I. SIGNED AUTOMOBILE INSURANCE EXEMPTION FORM: O Yes ❑ No $1M O Yes ❑ No D N/A ❑ Yes ❑ No [D Yes ❑No DYes ❑ No ON/A ❑Yes ❑ No WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 5/12/2020-5/12/2021 A. INSURANCE COMPANY: Twin City Fire Insurance Co NAIC#29459 B. AM BEST RATING (A-: VII or greater): A+:XV C. ADMITTED Company (Must be California Admitted): D. WORKERS' COMPENSATION LIMIT: Statutory E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) F. WAIVER OF SUBROGATION (To include): Is it included? G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ADDITIONAL COVERAGES THAT MAYBE REQUIRED [Z Yes F] No 0Yes ❑No $lM 7 Yes ❑ No 0 N/A ❑ Yes ❑ No 0 PROFESSIONAL LIABILITY 10/3/tots-10/3/2020 EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: Great American E&S Ins. CO NAIC#29459, non -admitted, A:XV $10M ❑ POLLUTION LIABILITY EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: ❑ BUILDER'S RISK EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: NOTES/COMMENTS: Professional Liability - non -admitted carrier approved as surplus lines carrier Approved: Risk Management 6/3/2020 Date PROFESSIONAL SERVICES AGREEMENT WITH INTERWEST CONSULTING GROUP, INC. FOR BUILDING PLAN REVIEW AND INSPECTION SERVICES THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 27th day of June, 2017 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and INTERWEST CONSULTING GROUP, INC., a Colorado corporation ("Consultant'), whose address is 15140 Transistor Lane, Huntington Beach, California 92649, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide building plan review and inspection services ("Project'). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2020, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work'). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Four Hundred Eighty Thousand Dollars and 00/100 ($480,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Interwest Consulting Group, Inc. Page 2 Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Ron Beehler to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Community Development Department, Building Division. City's Assistant Community Development Director / Chief Building Official or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7t@] III *11:107.691 ]I41110I:*� To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the Interwest Consulting Group, Inc. Page 3 requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this (collectively, the "Indemnified Parties), from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR 10.1 It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil Interwest Consulting Group, Inc. Page 4 service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 10.2 Consultant agrees and acknowledges that no individual performing Services or Work pursuant to this Agreement shall: work full-time for more than six (6) months; work regular part-time service of at least an average of twenty (20) hours per week for one year or longer; work nine hundred sixty (960) hours in any fiscal year; or already be a CalPERS member. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement orfor other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any Interwest Consulting Group, Inc. Page 5 of the issued and outstanding capital stock of Consultant, or of the interest of any general partner orjoint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. Interwest Consulting Group, Inc. Page 6 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. K� l C,*0101N OR Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. Interwest Consulting Group, Inc. Page 7 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Assistant Community Development Director / Chief Building Official Community Development Department, Building Division City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Ron Beehler Interest Consulting Group, Inc. 15140 Transistor Lane Huntington Beach, CA 92649 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, Interest Consulting Group, Inc. Page 8 all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. STANDARD PROVISIONS 28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 28.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. Interwest Consulting Group, Inc. Page 9 28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 28.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 28.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Interwest Consulting Group, Inc. Page 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California mu icipal corporal Date: �,(j i I iI 1 Date: -1 By: B/y: A on C. Harp in City Attorney yor ATTEST: CONSULTANT: �Interwest Consulting Date: 7.1f u Group, Inc., a Colorado corporation Date: - Zd t A&J &fC-- By: By; k z K"�/ Lei ani l7browW V IRA Beehler City Clerk Director, Building & Safety Services Date: i-7 I�C' CI J4 "Z Ross lic Works Group Leader [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Interwest Consulting Group, Inc. Page 11 I:*:/:11 loll 11x1 SCOPE OF SERVICES Interwest Consulting Group, Inc. Page A-1 APPROACH / WORK PLAN SECTIONS A & B: BUILDING & STRUCTURAL PLAN REVIEW SERVICES Today's fast -paced marketplace demands projects flow quickly and smoothly through the regulatory approval process. We fully understand this critical component. You'll find our people are ready to assist with solutions and recommendations that are specific to your needs. Plan Review Services include the following elements: • Plan review project plans, construction documents and revisions in conformance with the applicable state and local codes and amendments. These codes include: the 2016 California Building Code; Title 24 disabled access and energy requirements; 2016 California Fire Code; 2016 California Residential Code; 2016 California Mechanical Code; 2016 California Plumbing Code; 2016 California Electrical Code; 2016 Cal Green Building Code and other City's ordinances and regulations. • Coordination of plan reviews with other City departments or agencies with jurisdictions and ensure all relevant Conditions of Approval are met. • Maintain records related to all plans, calculation and documents received. We will provide, in the City's approved format, a complete list of plan check comments referring to appropriate sheets, details or calculations pages and the code section of concern. Systematically logging/enteringstatus of plan review activities and records. • Meet and confer with permit applicants to resolve all outstanding plan review comments and approving their projects. • Work with permit counter staff to facilitate the issuance of construction permits for approved documents. • Attend/participate in meetings with other City plan review or inspection staff, property owners, contractors or design professionals. • Conduct expedited plan review on an as -needed basis. • Submit accurate and timely reporting on the activities to the City in the approved format. • Pick up all plans within one business day upon notification and deliver back to the City at no cost. • Maintain a high level of customer service to the community. Code Interpretations Code interpretations are subject to final review and approval by the Building Official and/or City designated staff. Interwest Consulting Group's engineers and plans examiners will provide unbiased recommendations and background information to help the Building Official make an informed decision. All plan review comments are subject to review and approval by the Building Department. Interwest Consulting Group I www.interwestgrp.com Communicating Plan Review Results Plan reviews will consist of written comments and redlined plans (1 copy). Comments and redlined plans and 1 set of plans will be returned to the City after each review is completed. Specifically, plan reviews, when not immediately approved, will result in lists of comments referring to specific details and drawings, and referencing applicable code sections. Interwest Consulting Group will provide a clear, concise, and thorough comment list from which clients, designers, contractors, and owners can work. Comment lists are delivered to our clients and other designated recipients (e.g., designers, contractors, owners) via email, FAX, and/or reliable overland carrier. If requested, Interwest Consulting Group will transmit plan review comments, coordinate re -checks directly to the applicant as required, and return completed plan review documents to the City for final approval. Maximum Proposed Turnaround Time We consistently complete plan reviews within these timeframes or sooner! We work hard to accommodate any turn -around schedule desired by the jurisdiction. Multi -disciplinary reviews are typically performed in our offices but we are available for onsite work when required and whenever possible. We can furnish the following tiered turnaround for most common projects. More complex or unusual projects may need a review and an agreed upon adjustment: Type of Job Maximum Turn Around Time First Check I Re -Check Expedited (& Re -Check) RESIDENTIAL (Single Family Dwellings) New Construction 10 Working Days 5 Working Days 6 Working Days (3 Working Days) or as negotiated Addition 10 Working Days 5 Working Days 6 Working Days (3 Working Days) Remodel 10 Working Days 5 Working Days 6 Working Days (3 Working Days) NON-RESIDENTIAL or MULTIFAMILY New Construction 14 Working Days 7 Working Days 8 Working Days (5 Working Days) or as negotiated Addition 10 Working Days 5 Working Days 6 Working Days (3 Working Days) Remodel (T.I.) 10 Working Days 5 Working Days 6 Working Days (3 Working Days) Onsite Consultant Services & Meeting Attendance Interwest Consulting Group understands the City prefers the services of onsite plan reviewers. We will have full-time staff of experienced plan reviewers and licensed architects, structural and civil engineers available to perform on-site plan review when requested. Also, many of our inspection personnel are cross -trained and skilled in performing both front counter and inspection duties as a potential added cost - savings to the City. In addition, staff is available for pre -construction or pre -design meetings, field visits, contacts with the design team, and support for field inspection personnel as -needed. With some reasonable limitations, pre - construction and pre -design meetings associated with projects that we plan review are considered part of the plan review service. Interwest Consulting Group I www.interwestgrp.com Electronic Plan Check Services Interwest Consulting Group currently provides electronic permitting and plan review services for multiple jurisdictions. All of our offices are equipped with state-of-the0artelectronic plan review stations. Our staff provides electronic plan review services on behalf public agency building departments for multiple jurisdictions throughout California. Our FTP site and/or cloud -based large document file transfer capabilities are available for the City and the City's clients' use at no charge as part of our plan review services. Plan Review Tracking Method & Billing Process Our staff has experience working with most project tracking databases utilized by building departments. Our staff will update electronic records and make project related database entries as directed by the City. In addition to standard phone communication, custom reports can be emailed. Our off-site staff is available during standard business hours to answer questions via phone or email regarding the actual plan check in progress. We maintain active email accounts and our staff will be responsive to any City or applicant needs. If we cannot speak directly to a caller, we will return calls within one business day. All communications will be documented and filed in the City's project file. Customer Service Interwest emphasizes superior customer service to all of our staff. We take an out-of-the-box approach to performing our duties, always willing to meet with clients for pre -design meetings, pre -submittal meetings or as needed to resolve complex code related plan check issues in the most efficient manner possible. Additionally, our staff brings a can -do attitude to their work—always focused on efficient plan check processes and successful project outcomes. Interwest Consulting Group's engineers, architects, plans examiners and inspectors understand the importance of providing superior customer service to applicants, contractors and designers. Our philosophy is to provide our services in a professional, courteous and collaborative manner. We encourage our staff to work as part of the project team to ensure successful project outcomes. Special Projects Interwest Consulting Group is able to accommodate special project plan check needs such as fast-track, multi -phased, or expedited plan checks. We establish project specific turn -around goals and procedures with jurisdiction staff for these types of projects based on the complexity of the projects as well as the construction schedule. Interwest Consulting Group's staff of engineers, architects, and plans examiners will work with the City as well as with applicants and designers to resolve all plan check issues. Our staff will deal directly with applicants and their designers during the plan check process to resolve all issues. Interest Consulting Group will furnish assigned personnel with all materials, resources and training necessary to conduct plan checks, including a current copyof the applicable City amendments, policies, procedures and forms. Interwest Consulting Group i www.interwestgrp.com Technical Capabilities The Interwest staff members selected for this project possess significant technical capabilities in all of the requested areas of plan check competence. In addition to the summary below, the individual staff resumes included in the Appendix provide additional information on the firm's capabilities. We will review submitted residential and commercial design documents to ensure compliance to the current adopted editions of the following codes, standards and regulations: • Title 24, Parts 2,2.5,3,4,6,8,9, 10, and 11 • Applicable NFPA 13,13R, 13D, 24, and 72 • Applicable NFPA20 requirements • Local amendments and policies related to the CFC and CBC • Adopted National Fire Protection Standards • California Health and Safety Code Requirements • Appropriate listings (CSFM, U.L., etc.) as directed • Fire Department Standards as -directed • National Fire Protection Referenced Standards pursuant to the above Codes • Municipal, State or Federal regulations enforced by the City Interwest Consulting Group's staff of Plans Examiners and Plan Review Engineers will: • Work with the City to complete all plan review assignments within the designated timelines • Work collaboratively with applicants and designers to resolve all plan review issues • Be available to meet with the City personnel to discuss review and project comments if workingoffsite • Possess all necessary and current licenses and certifications to include, but not limited to, ICC certification as plans examiners. • Have detailed knowledge of the latest applicable Local, State and Federal regulations • Provide a written comment letter that indicates the necessary corrections noted during the plan review Interwest Consulting Group will furnish assigned personnel with all materials; resources and training necessary to conduct plan reviews, including a current copy of applicable the City amendments, Department standards, policies, procedures and forms. We will contact the City's representative with any questions or if alternative arrangements are requested. CASp Interest Consulting Group has Certified Access Specialists (CASp) on staff, knowledgeable of state and federal accessibility laws and regulations and possessing the expertise necessary to promote access to facilities for persons with disabilities. In accordance with newly formed rules and regulations, we will provide a CASp professional to review plans for accessibility as required. We also have CASp certified Building inspectors on staff, as may be needed to evaluate site conditions. Interwest Consulting Group I www.interwestgrp.com Green Building Standards Our staff is familiar with the incorporation of CalGreen building concepts into project designs and its potential impact from the building code. In addition, staff members have participated in the development of various "green" standards for super adobe, rammed earth, and straw bale construction, to name a few. LEED Developed by the US Green Building Council (USGBC), LEED provides building owners and operators a framework for identifying and implementing measurable green building design, construction, operations and maintenance solutions. LEED certification consists of a number of different rating systems that apply to many building types—commercial as well as residential and measures how well a building performs across many sustainability metrics including: energy savings, water efficiency, CO2 emissions reduction, improved indoor environmental quality, and stewardship of resources and sensitivity to their impacts. Whether your jurisdiction projects are new construction or renovation, energy efficient roofing, water run-off management and renewable energy are all important points to consider, Interwest ConsultingGroup helps make it easy. T24 Energy Our engineers and plan checkers are up to date on all US and California Energy requirements as they relate to both new and remodel construction on everything from large commercial projects to small residential additions. Architectural Interwest Consulting Group's non-structural plans examiners furnish plan check services for a vast array of projects including large commercial, institutional, industrial, retail, OSHPD 3 medical office buildings, and residential projects. Completed plan check projects range from single -story residential projects to complex high rise buildings and numerous building additions and remodels. We are experienced and familiar with the use and application of the most current additions of the following model codes: • NFPA Codes& Standards International Building Code (IBC) • ANSI Standards California Code of Regulations, Title 24, Parts 1 through 12 Structural Our structural engineers have experience designing and reviewing projects with virtually all building materials including: • Wood • Concrete • Masonry • Steel Ourengineers have designed or reviewed a wide array of structural systems including: • FEMA Compliant Steel Moment Frames Masonry Shearwall Systems • Eccentric Braced Frames Concrete Shearwall Systems Interwest Consulting Group I www.interwestgrp.com • Concentric Braced Frames Cantilevered Column Systems • Concrete Moment Frames Pre-Stressed/Post-Tensioned Concrete • Wood Shearwall Systems Buckling Restrained Braced Frames Energy Dissipation Systems Our structural engineers and inspectors are experienced with the provisions of most model codes including current versions of: • International Building Code (IBC) • ACI • ASCE 7-10 FEMA 350, 351, 353 • NEHRP • ANSI/AF &PA NDS • AISC 341 & 360 • Title 24, California Code of Regulations (CCR) Electrical, Plumbing & Mechanical Interwest staff is well versed in the California Mechanical, California Plumbing and the California Electrical codes. We review submitted design documents to ensure compliance with the City codes. We have made the transition to the newly adopted codes and currently review for those codes as required. All staff is licensed and/or certified in the State of California as well as personnel who hold multiple licenses across many states. We will review submitted design documents to ensure compliance to the 2016 edition of the following codes: • California Building Code • California Plumbing Code • California Mechanical Code • California Electrical Code Other review services are provided based on 2016 editions of local or national standards such as: • International Building Code • International Residential Code • International Mechanical Code • International Plumbing Code • NFPA 13 (automatic fire sprinkler systems) • NFPA 14 (standpipes) • NFPA 20 (fire pumps) • NFPA 99 (medical gases, etc.) • NFPA 101 Life Safety Code • FEMA& NEHRP Requirements for Existing Bldgs. Stormwater/Standard Urban Stormwater Mitigation Plan (SUSMP) Interwest staff possesses the necessary training and certification to conduct required reviews of stormwater plans and reports on development projects. MS4 permit requirements and local city stormwater standards will be incorporated as part of the standard review process and required documentation will be produced and maintained in a manner consistent with the City's annual stormwater reporting requirements. Grading and Erosion Control Plan Check Interwest's civil engineers are well versed in the review of grading plans and erosion control plans for projects of all sizes, ranging from one single family home to large commercial projects and residential projects of several thousand acres. Plans are reviewed for compliance with local ordinances and standards, the City's grading manual, the project Conditions of Approval, and the National Pollution Interwest Consulting Group I www.interwestgrp.com Discharge Elimination System (NPDES) Construction General Permit for California. Interwest employs Qualified Stormwater Practitioners (QSP) that can review Stormwater Pollution Prevention Plans (SWPPP) for completeness. While the SWPPP preparer and Water Quality Control Board are ultimately responsible for ensuring the SWPPP is appropriate, there are some items the City can review to minimize problems during construction. Interwest Consulting Group I www.interwestgrp.com SECTION C: BUILDING INSPECTION SERVICES Interest Consulting Group tailors inspection services to the particular needs of each client with special attention to providing competent, consistent service at all levels—at all times. We handpick our candidates and identify skill levels required to best match the City's inspection goals and philosophy. All Interest inspectors are ICC certified and are fully qualified to perform residential, commercial, industrial and mixed-use project inspection for compliance to approved plans and related documents. All inspections will be performed in accordance with the City's adopted version of the California Building Code, California Residential Code, California Green Building code, California Mechanical Code, California Pluming Code, California Electrical Code and the Accessibility, Noise and Energy Conservation requirements as mandated by State Title 24 and all applicable City Ordinances. Interest staff has performed inspection services on a wide variety of construction projects including custom homes, large residential developments, and commercial, institutional & essential service buildings. We provide valuable experience gained through successful work with government clients throughout California. This clear understanding of the construction process enables our people to quickly identify & resolve problems both in the office & in the field. Assigned staff will perform continuous or periodic 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. Many of our inspector candidates can provide dual plan check and inspector services for our clients. When necessary for large or fast-track projects, multiple inspectors are available. Staff assigned will contact the Building Official, or designee, for interpretations, local ordinances, local preferences, alternate materials and exceptions/alternates to the model codes. They will report directly to the Building Official or other person designated for all project -related work. Items, if any, which cannot be resolved between the project inspectors and contractors, will be forwarded to the Building Official for final resolution. Inspection personnel assigned will be able to read, understand and interpret construction plans, truss drawings and calculations, as well as prepare and maintain accurate records and reports, communicate effectively orally and in writing, and work effectively with contractors, the public and general staff. Inspectors will possess knowledge of approved, up-to-date methods, materials, tools and safety procedures used in building inspection and the most current building standards. Comprehensive inspection services include, but are not limited to: • Reviewing the approved construction documents to gain familiarity with construction projects • Working closely with property owners and contractors to provide solutions to problems on-site • Attending/participating in meetings with other City inspection or plan review staff, property owners, contractors or design professionals • Maintaining appropriate records and files of non -complying items and ensuring the resolution of each item using the City's preferred system • Ensuring that any construction changes are properly documented and approved by appropriate City staff Interwest Consulting Group I www.interwestgrp.com • Maintaining and accurately recording the status of construction inspection activities • Administrative duties including but not limited to scheduling of inspections and record keeping PROJECT CONTROLS The services we provide are always closely coordinated and monitored to ensure we meet or exceed the service levels desired by the City, but also stay within the financial capacity of your operating budget. We have broad experience and "hands on" knowledge of municipal budgeting, specifically related to expenditures and cost recovery associated with private development processing and permitting. We will work in close partnership with the City, tailoring our services and deployment of staff resources to match the allocated budget. QUALITY ASSURANCE Upon award of contract, our lead contact for the City will set up a face-to-face meeting with key City staff to discuss any unique amendments or specifications required by your jurisdiction, billing arrangements, contact information and any special requests you would like us to keep in mind. All of our personnel work collaboratively with consistent communication between staff members for advice, application of specific expertise and any unique project or client knowledge. Meetings to coordinate and update all staff on current projects are held weekly, in addition to any special meetings needed to address new developments or issues. We utilize a custom database to compile all client and project information as it relates to any services we perform. We also develop and maintain a jurisdiction file containing all pertinent client, project and billing information accessible to project managers and assigned staff. Curtechnical and administrative staff is highly trained, attending seminars and educational conferences to keep current on up-to-date industry methods and information. We provide our inspection staff with cell phones, laptops, and other hand-held equipment necessary for inspectors to carry out their duties efficiently. As a full service company to government agencies, we pride ourselves in maintaining the best qualified staff in the industry allowing us to match our people to fit your exact needs. Interwest Consulting Group I www.interwestgrp.com EXHIBIT B SCHEDULE OF BILLING RATES Interwest Consulting Group, Inc. Page B-1 PART 11: COST SUBMITTAL SECTION 2.7 SCHEDULE OF HOURLY BILLING RATES The rates displayed in the Schedule of Hourly Billing Rates below reflect Interwest's current hourly rates for staffing services. These proposed rates will remain unchanged for the duration of the proposed contract term. HOURLY BILLING RATES FOR ON-SITE SERVICES CLASSIFICATION HOURLY BILLING RATE Plan Check Engineer (Civil, Mechanical, Electrical).............................................................................. $130 StructuralPlan Check Engineer...............................................................................................................140 ICCCertified Plans Examiner.....................................................................................................................95 Grading& Erosion Plan Check Engineer.................................................................................................. 130 CertifiedCASp Services............................................................................................................................120 BuildingInspector................................................................................................................................ 78-90 PermitTechnician...................................................................................................................................... 65 Expedited, AfteAours, or Emergency Responses ...................................................140% of the listed rate BILLING RATES FOR OFF-SITE SERVICES Plan Check Fees are proposed below as a percentage of such fees collected by the City based on the City's fee schedule, including Energy, CALGreen, and Accessibility Fees where applicable. • Fees for Complete Plan Review: ✓ 70% of the total residential plan review fee, which includes an initial plan review plus two rechecks. Hourly rates apply for additional reviews, revisions, and review of deferred submittal items ✓ 70% of the total commercial plan review fee, which includes an initial plan review plus two rechecks. Hourly rates apply for additional reviews, revisions, and review of deferred submittal items. • Fees for Partial Structural -Only Plan Reviews: ✓ 50%of the total plan review fee, which includes an initial plan review plus two re'fhecks. Hourly rates apply for additional reviews, revisions, and review of deferred submittal items Interwest Consulting Group I www.interwestgrp.com • Fees for Partial Combined Plumbing, Mechanical and Electrical Only Plan Review: ✓ 30%of the total plan review fee, which includes an initial plan review plus two re -checks. Hourly rates apply for additional reviews, revisions, and review of deferred submittal items • Fees for Expedited Plan Check: ✓ 140%of the above fees Overtime: Overtime for on-site services will be invoiced at 140% of the above noted hourly billing rates. Shipping: There is no charge for courier or shipping services for plan review conducted off-site. Mileage: Mileage while performing City duties will be reimbursed at current IRS rate BILLING PROCESS Invoices are typically generated upon the conclusion of the month. Interwest Consulting Group will work with the City to supply all necessary billing information. There will be a daily four hour minimum charge for on-site plan review and inspection services. Interwest Consulting Group I www.interwestgrp.com EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Interwest Consulting Group, Inc. Page C-1 Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: Interwest Consulting Group, Inc. Page C-2 A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. Interwest Consulting Group, Inc. Page C-3 G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Interwest Consulting Group, Inc. Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 6/28/17 Dept./Contact Received From: Date Completed: 6/28/17 Sent to: Company/Person required to have certificate: Type of contract: Terresa By: Alicia Interwest Consulting Group Public Works I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 11/14/16-11/14/17 A. INSURANCE COMPANY: Travelers Indemnity Company of CT B. AM BEST RATING (A- : VII or greater): A++: XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? IM/2M E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided?) include): Is it included? (completed Operations status does F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) N Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? N Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? N Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? ❑ Yes N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 11/14/16-11/14/17 A. INSURANCE COMPANY: Travelers Lidemnity Company of CT B. AM BEST RATING (A-: VII or greater) A++: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1M E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): N N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes N No H. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV, PROFESSIONAL LIABILITY EFF: 11/14/16-11/14/17 Carrier: XL Specialty Ins Co Rating: A: XV Admitted Limit: 2M/5M ❑ N/A ® Yes ❑ No V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No Approved: , 6/28/17 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach -------------------------------------------------------------------------------------------------------------------------------------------- RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management * Subject to the terms of the contract. Date III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 11/14/15-11/14/16 A. INSURANCE COMPANY: Travelers Property Casualty Co of America B. AM BEST RATING (A-: VII or greater): A++: XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) 1 M F. • WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV, PROFESSIONAL LIABILITY EFF: 11/14/16-11/14/17 Carrier: XL Specialty Ins Co Rating: A: XV Admitted Limit: 2M/5M ❑ N/A ® Yes ❑ No V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No Approved: , 6/28/17 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach -------------------------------------------------------------------------------------------------------------------------------------------- RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management * Subject to the terms of the contract. Date