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17-099 CEL Consulting, Inc., On Call Plan Review ServicesAGREEMENT BETWEEN THE CITY OF CUPERTINO AND CEL CONSULTING, INC FOR ON CALL PLAN REVIEW SERVICES THIS AGREEMENT, is entered into this twenty-second day of June, 2017, by and between the CITY OF CUPERTINO, a California municipal corporation ("City"), and CEL Consulting, Inc, a California corporation whose address is 200 l Crow Canyon Road, Suite 100, San Ramon, CA 94583 (hereinafter refe1Ted to as "Consultant") ( collectively refe1Ted to as the "Pmties"). 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 Constitution and the statutes of the State of California and the Cupe1tino Municipal Code. B . Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement. C. Consultant possesses the skill, experience, ability, background, ce1tification and knowledge to provide the services described in this Agreement on the te1ms and conditions described herein. D. City and Consultant desire to enter into an agreement for on call plan review services upon the tern1s and conditions herein . NOW, THEREFORE, the Pmties mutually agree as follows: 1. TERM The te1m of this Agreement shall commence on July 1, 2017, and shall te1minate on June 30, 2018, unless te1minated earlier as set fo1th herein. 2. SERVICES TO BE PERFORMED Consultant shall perfo1m each and every service set fo1th in Exhibit "A" pursuant to the schedule of performance set fo1th in Exhibit "B ," attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT Consultant shall be compensated for services perfonned pursuant to this Agreement in a total amount not to exceed Seventy-Five Thousand dollars ($75 ,000 .00) based on the rates and terms set forth in Exhibit "C," which is attached hereto and incorporated herein by this reference. In order to request payment, Consultant shall submit monthly electronic invoices to CDDinvoices@cupe1tino.org describing the services perfonned and the applicable charges (including a s ummary of work performed during that period, personnel who perfonned the services, hours worked , task(s) for which work was performed). 4. TIME IS OF THE ESSENCE Consultant and City agree that time is of the essence regarding the performance of this Agreement. 5. STANDARD OF CARE Consultant agrees to perform all services required by this Agreement in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be perfo1med by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 6. INDEPENDENT PARTIES City and Consultant intend that the relationship between them created by this Agreement is that of independent contractor. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rnle or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by vi1tue of Consultant's services. None of the benefits provided by City to its employees, including but not limited to, unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments , PERS payments, or other purposes nmmally associated with an employer-employee relationship from any fees due Consultant. Payments of the above items , if required, are the responsibility of Consultant. 7. IMMIGRATION REFORM AND CONTROL ACT {IRCA) Consultant assumes any and all responsibility for verifying the identity and employment authorization of all of his/her employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rnles and regulations . Consultant shall indemnify and hold City hannless from and against any loss , damage, liability, costs or expenses arising from any noncompliance of this provision by Consultant. 8. NON-DISCRIMINATION Consistent with City's policy prohibiting harassment and discrimination, Consultant agrees that it shall not harass or discriminate against a job applicant, a City employee, or a citizen by Consultant or Consultant's employee or subcontractor on the basis of race, religious creed, color, national origin, ancestry, handicap , disability, marital status, pregnancy, sex, age, sexual orientation, or any other protected class. Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 9. HOLD HARMLESS IZl Standard Indemnification: Consultant shall, to the fullest extent allowed by law and without limitation of the provisions of this Agreement related to insurance, with respect to all services perfo1med in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims , actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to prope11y or other liability of any nature, whether physical , emotional, consequential or othe1wise, arising out, pertaining to, or related to the negligent performance of thi s Agreement by Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys ' fees of counsel of City's choice, expe11 fees and all other costs and fees of litigation. The acceptance of the Services by City shall not operate as a waiver of the right of indemnification . The provisions of this Section survive the completion of the Services or tennination of this Contract. ~ Design Professional Indemnification: A . Claims for Professional Liability. Where the law establishes a standard of care for Consultant 's professional services, and to the extent the Consultant breaches or fails to meet such established standard of care, or is alleged to have breached or failed to meet such standard of care, Consultant shall , to the fullest extent allowed by law, with respect to all services perfo1med in connection with the Agreement, indemnify, defend, and hold haimless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims , actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to prope11y or other liability of any nature, that arise out of, pe11ain to, or relate to the negligence, recklessness , or willful misconduct of Consultant or Consultant's employees , officers , officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expe11 fees and all other costs and fees of litigation. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees . B . Claims for Other Liability. Consultant shall, to the fullest extent allowed by law , with respect to all services performed in connection with the Agreement, indemnify, defend, and hold haimless the City and its officers, officials, agents, employees and vo lunteers against any and all liability, claims, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to prope11y or other liability of any nature, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or Consultant's employees, officers, officials , agents or independent contractors . Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expe11 fees and all other costs and fees of litigation . Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees . Indemnification under this section for damage to prope11y or other liability of any nature shall include damage caused by 1. Consultant's unauthorized use or dissemination of confidential info1mation , u . Consultant's unauthori ze d access to or use of City or third person's computer hardware and networks, and 111. Consultant's introduction of a computer virus, malware or other unauthori zed programs to the City or third person's computer hardware , network, or other computer-related prope11y and the data , software , and programs th ereon, or failure to reasonably protect against such actions . C . Claims involving intellectual property. In addition to the obligations set fo11h in (A) and (B) above, Consultant shall ind emnify, defend , and hold the City, its elected and appointed officers , employees, and volunteers, harmless from and against any Claim in which a violation of intellectual prope11y rights , including but not limited to copyright or patent rights , is alleged that arises out of, pertains to , or relates to Consultant's negligence, recklessness or willful misconduct under this Agreement. Such costs and expenses shall include reasonable attorneys' fees of counsel of City 's choice, expe11 fees and all other costs and fees oflitigation. 10. INSURANCE: A. General Requirements. On or before the commencement of the te1m of this Agreement, Consultant shall furnish City with ce11ificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with the requirements listed in Exhibit "D". Such ce11ificates , which do not limit Consultant's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this ce11ificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thi11y (30) days' advance written notice to the City of Cupe11ino by ce11ified mail, Attention: City Manager." Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance ce11ificates . B. Subrogation Waiver. Consultant agrees that in the event of loss due to any of the perils for which he/she has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to his/her insurance for recovery . Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by vi11ue of the payment of any loss under such insurance . C. Failure to secure or maintain insurance. If Consultant at any time during the tenn hereof should fail to secure or maintain the foregoing insurance, City shall be pennitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate pe1mitted by law and computed from the date written notice is received that the premiums have not been paid. D. Additional Insured. City, its City Council, boards and commissions , officers, employees and volunteers shall be named as an additional insured under all insurance coverages, except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not n a med as such additional insured . An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. Sufficiency of Insurance . The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. F . Maximum Coverage and Limits. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in ex cess of the specified minimum Insurance coverage requirements and/or limits shall be available to the additional insured City. Fm1hermore, the requirements for coverage and limits shall be the minimum coverage and limits specified in this Agreement, or the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured , whichever is greater. 11. CONFLICT OF INTEREST Consultant waiTants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, that would conflict in any way with the perfo1mance of this Agreement, and that it will not employ any person having such an interest. Consultant agrees to advise City immediately if any conflict arises and understands that it may be required to fill out a conflict of interest fo1m if the services provided under this Agreement require Consultant to make ce11ain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations. 12 . PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or othe1wise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Consultant from City under this Agreement may be assigned to a bank, trust company or other financial institution without p1ior written consent. Written notice of such assignment shall be promptly furnished to City by Consultant. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general pa11ner or joint venturer or syndicate member or cotenant, if Consultant is a pm1nership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corporation . 13. SUBCONTRACTORAPPROVAL Unless prior written consent from City is obtained, only those people and subcontractors whose names and resumes are attached to this Agreement shall be used in the perfo1mance of this Agreement. In the event that Consultant employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to caITy general, automobile and professional liability insurance in r easo nable confo1mity to the insurance ca1Tied by Consultant. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. Consultant agrees to include with all subcontractors in their subcontract the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor's work. Subcontractors hired b y Consultant agree to be bound to Consultant and City in the same manner and to the same extent as Consultant is bound to City under this Agreement. Subcontractor fu11her agrees to include these same provisions with any sub- s ubcontractor. A copy of the Owner Contract Document Ind emnity and Insurance provisions will be furnished to the subcontractor upon request. Consultant shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and will provide proof of compliance to City. 14. PERMITS AND LICENSES Consultant, at his/her sole expense, shall obtain and maintain during the term of this Agreement, all approp1iate permits, certificates and licenses including, but not limited to, a City Business License, that may be required in connection with the perfomrnnce of services hereunder . Consultant may apply for a Cupe1iino Business License online . If the Consultant's sole business contact within Cupe1iino is the sale of goods or services to the City itself, the Consultant may apply for an exemption from the business license tax. 15 . MINIMUMWAGE Given that the Consultant is subject to the City's business license requirements, the Consultant is also subject to the Cupe1iino Minimum Wage Ordinance (16 -2151). 16 . REPORTS A . Each and every repo1i, draft, work product, map , record and other document, hereinafter collectively referred to as "Report", reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement, shall be the exclusive prope1iy of City. Consultant shall not copy1ight any Repo1i required by this Agreement and shall execute appropriate documents to assign to City the copyright to Repo1is created pursuant to this Agreement. Any Repo1i , info1mation and data acquired or required by this Agreement shall become the prope1iy of City, and all publication rights are reserved to City. Consultant may retain a copy of any repo1i furnished to the City pursuant to this Agreement. B. All Reports prepared by Consultant may be used by City in execution or implementation of: (I) The original Project for which Consultant was hired; (2) Completion of the original Project by others; (3) Subsequent additions to the original project; and/or ( 4) Other City projects as City deems appropriate. C. Consultant shall, at such time and in such f01m as City may require, furnish reports concerning the status of services required under this Agreement. D. All Repo1is required to be provided by this Agreement shall be p1inted on recycled paper. All Repo1is shall be copied on both sides of the paper except for one original , which shall be single sided. E. No Repo1i , info1mation or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. 17. RECORDS Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such infonnation required by City that relate to the perfo1mance of services under this Agreement, in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to such books and records to the representatives of City or its designees at all proper times , and gives City the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data , documents, proceedings and activities related to this Agreement. Such records , together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after Consultant receives final payment from City for all services required under this agreement. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Consultant shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 18. NONAPPROPRIATION This Agreement is subject to the fiscal provisions of the Cupe1tino Municipal Code and Agreement will te1minate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a po1tion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, te1m, condition, or provision of this Agreement. 19 . ENVIRONMENTALLY PREFERABLE PURCHASING Consultant shall comply with the City 's Environmentally Preferable Procurement Policy whenever practicable in completing any work under this agreement, including but not limited to: • Using paper products made with recycled content and recycled/remanufactured toner and inkjet cait1idges; • Printing with soy or low volatile organic compounds (VOC) inks; • Using energy-star compliant equipment; • Using cleansers and working with janitorial contractors to meet Green Seal's Industrial and Institutional Cleaners Standard; and • Ordering supplies electronically and practicing other internal waste reduction and reuse protocols. 20. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals shall be addressed as follows: TO CITY: City of Cupe1tino 10300 Torre Ave. Cupe1tino CA 95014 Attention: Sean Hatch TO CONSULTANT: Abigail Obligacion CEL Consulting, Inc 2001 Crow Canyon Road, Suite 100 San Ramon, CA 94583 21. TERMINATION In the event Consultant fails or refuses to perfo1m any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If Consultant fails to cure the default within the time specified and according to the requirements set fotth in City's written notice of default, and in addition to any other remedy available to the City by law, the City Manager may terminate the Agreement by giving Consultant written notice thereof, which shall be effective immediately. The City Manager shall also have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) calendar days' prior written notice to Consultant as provided herein. Upon receipt of any notice of te1mination, Consultant shall immediately discontinue perfotmance. City shall pay Consultant for services satisfactorily perfonned up to the effective date of te1mination . If the tern1ination if for cause, City may deduct from such payment the amount of actual damage, if any, sustained by City due to Consultant 's failure to perfo1m its material obligations under this Agreement. Upon te1mination , Consultant shall immediately deliver to the City any and all copies of studies , sketches, drawings, computations, and other material or products, whether or not completed, prepared by Consultant or given to Consultant, in connection with this Agreement. Such materials shall become the prope1ty of City. 22. COMPLIANCE Consultant shall comply with all state or federal laws and all ordinances, rules, policies and regulations enacted or issued by City. 23. CONFLICT OF LAW This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the patties are subject to all valid laws , orders , rules, and regulations of the authorities having jurisdiction over this Agreement ( or the successors of those authorities). Any suits brought pursuant to this Agreement shall be filed with the Superior Comt of the County of Santa Clara, State of California. 24. ADVERTISEMENT Consultant shall not post, exhibit, display or allow to be posted, exhibited, di splayed any signs, adve1tising, show bill s, lithographs , posters or cards of any kind pettaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 25. WAIVER A waiver by City of any breach of any tenn , covenant, or condition contained herein shall not b e d eemed to be a waiver of any subsequent breach of th e same or any other te1m , covenant, or condition contained herein, whether of the same or a different character. 26. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties, 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 hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 27. AUTHORITY The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 28. INSERTED PROVISIONS Each provision and clause required by law to be inse1ted into the Agreement shall be deemed to b e enacted herein, and the Agreement shall be read and enforced as though each were includ ed herein. If through mistake or otherwise, any such provision is not inse1ted or is not conectly inse1ted , the Agreement shall be amended to make such inse1tion on application by either patty. 29. CAPTIONS AND TERMS The captions in this Agreement are for convenience only, are not a pait of the Agreement and in no way affect, limit or amplify the te1ms or provisions of this Agreement. All unchecked boxes do not apply to this Agreement. IN WITNESS WHEREOF, the paities have caused the Agreement to be executed. CONSULTANT CEL Consulting, Inc~ By ~-=~=--.--~~-,---+-~-,-,1-------==-=ac--~~ Title ITTn&f-5+:=,£"C> Date (l{ /I l 2-2~/ 1 :J MUNICIPAL CORPORATION City of Cupe1t? /J.- By ~~_a~ Titl ?&J:· e;[Y i/6/:,, Date d ~2'}f2 D Over S 175,00-Council Approval Required ~ Over $45 ,000-De pmtm ent Hea d Approva l Required D Up to $4 5,000-De s ign ated Superv isor Approva l Required APPROVED AS TO FORM: µJ f c [ty Atto1 ATTEST: ~~~ ,F, r City Clerk , Exhibits: ~ Exhibit "A "-Scope of Services 0 Exhibit "B "-Schedule of Perfo1mance ~ Exhibit "C "-Compensation ~ Exhibit "D " -Insurance Requirements and Proof of Insurance EXPENDITURE DISTRIBUTION PO #201'j· I Z, 1..,., Account: 100-73-714 701-701 Amount: Total: $75,000.00 $75,000.00 CEL CONSULTING, INC Metallurgy· Forensics• Plan Review Product Evaluations• Structural Investigations Mr. Albert Salvador I Chief Building Official City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Subject: Statement of Qualifications for Plan Checking Services Dear Mr. Salvador: Exhibit A CEL Consulting, Inc. (CELC) is pleased to submit our qualifications to provide on-call plan review, permitting and field inspection services to the City of Cupertino (City). We certify that we will maintain adequate personnel and technical competence to provide the City with the requested services. FIRM NAME DIVISION CEL Consulting, Inc. Code Resources Group PRESIDENT /CEO Gary M. Cappa gcappa@ce-labs.com TYPE OF FIRM Corporation WEBSITE www.CELConsulting .com YEARS IN BUS INESS 19 CHIEF OPERATING OFFICER Jim Backman jbackman@ce-labs.com DIRECTOR Abigail Obligacion aobligacion@ce-labs.com CELC was established in order to provide specialized consulting and testing services to the architectural, building, and engineering community. After much growth, CELC was established in 2015 as a fu ll y owned subsidiary of Engineering and Testing Services (ETS). CELC offers building and fire life safety plan reviews with technical and highly qualified personnel through a cost effective approach. We realize the importance of providing on-time quality, comprehensive plan reviews and inspections, and strive to provide excellent customer service to create an effective Building and Safety Division. Our team works proactively and diligently with your building staff and the design and construction teams to ensure projects are reviewed and inspected for compliance with all currently adopted State and local codes, ordinances, rules and regulations . Delivering plar:i reviews and regulatory building inspections with quality-on time -built right results is what we do, time and time again. CELC is also proficient and capable to do electronic plan reviews . Integrating the newest, cutting-edge technology into all aspects of our business, CELC is prepared to use several different electronic plan review applications and is familiar with various permitting software. 2001 Crow Canyon Ro ad, Suite 100 I San Ramon, CA 94583-5387 I Tel. (925) 314-7 100 I Fax (925) 855-7140 www.celconsu lting.com CEL CONSULTI NG, I NC !.Ii! a: .. ~g1 ~ ~o.-ens,c: • Pian Rev,e:.i. Froi::t.c E-.a1;.;a!,ors;s • Sto.,cru ral rnest1ga1,ons CELC will manage all plan reviews and staff augmentation, coordination, and communication with the City through the use of a single point of contact, our project manager, Ms. Abigail Obligacion. Abigail is located in our San Ramon office and will coordinate and ensure that adequate personnel and other resources are made available for the City and will also ensure requirements for review, documentation, project closeouts are completed on time and invoices are promptly billed. CELC has sufficient staff resources and capability to perform the work contained in our statement of qualifications. Thank you for this opportunity to respond to the City's needs. Should you have any questions or require additional information, please do not hesitate to contact Abigail Obligacion at (925) 314-7100 or aobligacion@ce-labs.com. Respectfully Submitted, CEL Consulting, Inc. ~~ Abigail Obligacion Director -Code Resources Group Exhibit C Compensation City shall compensate Consultant for professional services in accordance with the te1ms and conditions of this Agreement based on the rates and compensation schedule set fo1th below. Compensation shall be calculated based on the hourly rates set forth below up to the not to exceed budget amount set forth below. The compensation to be paid to Consultant under this Agreement for all services described in Exhibit "A" and reimbursable expenses shall not exceed a total of Seventy- Five Thousand dollars ($75,000.00), as set fo1th below. Any work perfo1med or expenses incmTed for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the City. T~k R~ First submittal and 1 additional submittal 65% of Cupertino Plan Review Fee Subsequent submittals $125 per hour Invoices IZI Monthly Invoicing: In order to request payment, Consultant shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including a summary of work performed during that period, personnel who performed the services, hours worked, task(s) for which work was performed). Consultant shall include the "Outside Agency Plan Checking Fees" cover sheet which authorizes the plan check. Reimbursable Expenses Administrative, overhead, secretarial time or ove1time, word processing, photocopying, in house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. Travel expenses must be authorized in advance and shall only be reimbursed to the extent consistent with City travel policy. Additional Services Consultant shall provide additional services outside of the services identified in Exhibit A only by advance written authorization from the City's Project Manager prior to commencement of any additional services. Consultant shall submit, at the Project Manager's request, a detailed written proposal including a description of the scope of additional services, schedule, and proposed maximum compensation. Rate Schedule Plan Review Services (Standard Turnaround Time) Unit Rate -Complete Building and Safety Plan Review Services (first submittal plus one (7) additional subsequent 65% of Plan Review Fee submittal) All other Building, Safety Plan Review Submittals In-House Plan Review Assistance (plan review, OTC plan review, response to public inquiries, support and training staff) $125.00 $135.00 Hour Hour CASp Plan Review Fire Plan Review Civil On-Site/ Grading Plan Review Inspection Services Residential Building Inspector Commercial Inspector Senior Combination Building Inspector Fire Inspector Basis of Charges Work over 8 hours a day Work over 12 hours, Monday through Friday Work on Saturdays Work over 8 hours on Saturday Work on Sundays/Holidays Reimbursables PLAN REVIEW TIMELINE $130.00 $150.00 $150.00 Unit Rate $80.00 $90.00 $100.00 $100 .00 Unit Rate Hour Hour Hour -Hour Hour Hour Hour Time and One-Half Double Time Time and One-Half Double Time Double Time Cost The Code Resources Group will be able to cater to your Building and Safety plan review needs, which includes attending meetings and workshops when necessary. We also are ab le to meet or exceed the following timelines for plan review services : Small to Mid-Scale Projects Standard Turnaround Times: First Submittals: Subsequent Submittals: 10 days 5 days Expedited Turnaround Times**: First Submittals: 5 days Subsequent Submittals: 3 days Larger to More Complex Projects Standard Turnaround Times: First Submittals: Subsequent Submittals: Expedited Turnaround Times**: 15 days 10 days First Submittals: 10 days Subsequent Submittals: 7 days "* Expedited Turnaround Times will be subject to discussion by all concerned parties to ensure milestones are met and completed on - time and on -schedule. Exhibit D Insurance Requirements and Proof of Insurance Proof of insurance coverage described below is attached to this Exhibit, with City named as additional insured. Consultant shall maintain the following minimum insurance coverage: A. COVERAGE: (1) (2) (3) (4) Workers' Compensation: Statutory coverage as required by the State of California. Liabilitv: Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $1 ,000,000 aggregate -all other Property Damage: $100 ,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $1 ,000,000 will be considered equivalent to the required minimum limits shown above. Automotive : Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each occurrence Professional Liability Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least $1,000 ,000. CONS0-2 OPID :EB ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM IDD/YYYY) ~ 06/21/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed . If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~i~~cT Ellen BeQun Butwin Insurance Group wgNJo Extl: 516-466-4200 I rffc Nol : 516-466-4213 Suite 414 60 Cutter Mill Road fiiMD~~ss : ebegun@butwin.com Great Neck, NY 11021-3104 Richard S . Butwin INSUR ER(S) AFFORDING COVERAGE NAIC# INSURERA :ZURICH INS co 16535 INSURED Consolidated Engineering Labs INSURER B: Travelers 41769 Oakland 23rd Ave Assoc LLC CEL Consulting Inc INSURER C : Peleus Insurance Company 534 23rd Avenue INSURER D: Oakland , CA 94606 INSURE R E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT TH E POLICIES OF INSURANC E LI STED BELOW HAVE BEEN ISS UED TO THE INS URED NAMED ABOVE FOR THE POLICY PERIO D IND ICATED . NOTW ITH STANDIN G A NY REQU IRE MENT , TERM OR CO ND ITIO N O F AN Y CO NTRACT OR OTHER DOC UMENT WI TH RESPECT TO W H IC H THIS C ERTIFI CATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANC E A FFORDED BY THE POLICI ES DE SCRI BED HERE IN IS S UBJEC T TO ALL THE TERMS , EXC LU SIO NS AND CO NDIT IO NS OF SUC H PO LI CIES . LIM ITS SHOWN MAY HAVE BEEN REDUCED BY PAID C LAIMS. INSR ADDL SUBH POLICY EFF POLIC Y EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDD/YYYY) (MMIDD IYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 1,000,000 f------==i CLAIMS-MAD E 0 OCCUR UMMMUC [ U t"I..Cl'\I CU X X GL00381005 07/01/2017 07/01/2018 PREMISES /Ea occ urrence \ s 500 ,000 MED EXP (Any one person ) s 10,000 - PERSONAL & ADV INJURY s 1 ,000 ,000 - GE N'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s 2 ,000,000 Fl 0PRO-D LOC PRODUCTS -COMP/OP AGG s 2 ,000,000 POLICY JEC T OTHER : s AUTOMOBILE LIABILITY COMB IN ED SINGL E LIMIT s 1,000,000 fEa accident) f------ A X ANY AUTO X X BAP0381006 07/01/2017 07/01/2018 BODILY INJURY (Per person) s f------ALL OWNED -SCHEDULED AUTOS AUTOS BODILY IN JURY (Per accident) S --NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) s -- s X UMBRELLA LIAB M OCCUR EACH OCCURREN CE s 5,000,000 - B EXCESS LIAB CLAIMS-MADE ZUP91 M34980-15 07/01/2017 07/01/2018 AGGREGATE s 5,000 ,000 OED I X I RETENTION s 10,000 s WORKERS COMPENSATION X I ~~fTUTE I I OTH- AND EMPLOYERS' LIABILITY ER Y I N ~C0381004 A ANY PROPRIETOR/PARTNER/EXE CUTI VE D X 07/01/2017 07/01/2018 E.L . EACH ACC IDENT s 1,000,000 OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE S 1,000,000 gm:~ftfri~ ot~PERA TION S be low E.L. DISEASE -POLICY LIMIT s 1,000,000 C Professional Liab IAE4197397 07/01/2017 07/01 /2 018 Limit 2 ,000,000 Retro Date 9/1/85 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS I LOCATION S I VEHICLES (ACORD 101 , Additional Rem ark s Schedule, may be attached If more space Is required) City of Cupertino Plan Review Services. CELC No. 55-10016 City of Cupertino, its City Council, boads and commissions, officers, employees and volunteers are additional insureds, on a primary non contributory basis. There is a Waiver of Subrogation on the indicated policies CERTIFICATE HOLDER CANCELLATION CITYCUP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Cupertino ACCORDANCE WITH THE POLICY PROVISIONS . 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