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CC Resolution 12919 - Authorizing the City Manager to approve and execute an amendment to the consultant services agreement with O'Brien Consulting ServicesRESOLUTION NO. 12919 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE CITY MANAGER AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH O'BRIEN CONSULTING SERVICES, AND DISPENSE WITH THE BIDDING REQUIREMENTS AS SPECIFIED BY THE CAMPBELL MUNICIPAL CODE SECTION 3.20.030(8) WHEREAS, the City of Campbell entered into a Contract Services Agreements with O'Brien Code Consulting, Inc on January 25, 2022, with a term end date of January 25, 2023-,and WHEREAS, the City of Campbell desires the specialized expertise in Structural Engineering and Certified Access Specialist (CASp) review which is currently available and offered by O'Brien Code Consulting Services, Inc.; and WHEREAS, O'Brien Code Consulting Services, Inc has an expertise in a specialized field and certifications not currently acquired by internal Building Inspection Division staff; and WHEREAS, the City circulated an RFQ from October 14, 2022 to November 4, 2022 for the Building Plan Check Services and receive eight (8) proposals; and WHEREAS, the selection process for Building Plan Check services will not be executed until February 2023 with the approval of City Council; and WHEREAS, the current contract with O'Brien Code Consulting Services is near it's end and there is a pipeline of in -progress projects awaiting Structural Engineering and CASp review; and WHEREAS, CMC Section 3.20.030(8) provides that the bidding procedures may be dispensed with when the City Council determines it is in the best interest of the City. THEREFORE, BE IT RESOLVED that the City Council hereby dispenses with the bidding procedures, as set forth in CMC Section 3.20.050, and authorizes the City Manager to negotiate, award, and execute a contract amendment with O'Brien Code Consulting Services, Inc for Structural Engineering and CASp review with the Building Inspections Division; and BE IT FURTHER RESOLVED that the City Council authorizes a contract amendment not to exceed $70,000 with a contract term end date of no later than July 25, 2023. PASSED AND ADOPTED this 6th day of December 2022, by the following roll call vote: AYES: COUNCILMEMBERS: Gibbons, Lopez, Landry, Bybee, Resnikoff NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None • " ' O]Il" ATTEST: IA'� ixA Andrea Sanders, City Clerk Paul Resnikoff, Mayor AMENDMENT TO CONTRACT SERVICES AGREEMENT AMENDMENT #1 CITY OF CAMPBELL 70 NORTH FIRST STREET CAMPBELL, CA 95008 (408) 866-2140 This Amendment to Contract Services Agreement (hereinafter "Amendment") amends the Consultant Services Agreement (hereinafter "Agreement") to establish Building Plan Check Services for the City of Campbell originally entered into on the 25"' day of January 2022, by and between the City of Campbell (a Municipal Corporation, hereinafter referred to as "City") and O'Brien Code Consulting, Inc. (a California Corporation, hereinafter referred to as "Consultant"). As provided for under the terms of this Amendment, the City and Consultant agree to amend the following provisions of the Agreement as follows: • Compensation. The compensation under Section 3.5 has a maximum contract obligation amount of $50,000 with a listed contract term of one year. Included as Exhibit 1 is the Consultant Services Agreement, the maximum contract obligation amount shall be repealed and replaced with a $70,000 max contract obligation and an amended contract term of 18 months from the date entered into contract as noted in this Amendment. • Project Scope. The scope of services as set forth in "Exhibit A — Scope of Services" of the Agreement, shall be amended as set forth in "Exhibit 2 — Scope Amendment" of this Amendment. All other terms and conditions as set forth in the Agreement shall remain in effect. Signature Warranty: The undersigned are authorized to represent and enter into this Amendment on behalf of the Consultant. This Amendment to the Consultant Services Agreement shall become effective upon its execution by the City, in witness whereof, the parties have executed this Amendment the day and year first written above. CONTRACTOR am Name: Susan O'Brien Title: Principal Date: Attachments: Exhibit 1— OCC —Contract Service Agreement Exhibit 2 — Scope Amendment CITY OF CAMPBELL Name: Brian Loventhal Title: City Manager Date: Exhibit I — OCC - Contract Service Agreement CITY OF CAMPBELL CONSULTANT SERVICES AGREEMENT This Agreement is entered into at Campbell, California on the January 25 day of 2022, by and between the CITY OF CAMPBELL (hereinafter referred to as "City") and O'BRIEN CODE CONSULTING INC. (hereinafter referred to as "Consultant") (each is referred to individually as a "Party" and collectively, as the "Parties"). WHEREAS, City desires to obtain consulting services for the purpose of construction plan review to determine code compliance against City adopted California Building Codes either in -part or in - entirety; WHEREAS, Consultant represents that it has the expertise, means, and ability to perform said such services and has currency with all applicable certifications, licenses, bonding, and insurance; NOW, THEREFORE, in consideration of each other's mutual promises, Consultant and City agree as follows: l . DUTIES OF CONSULTANT 1.1 Consultant agrees to perform services as set forth in Exhibit A - Scope of Services, attached hereto and incorporated herein by reference, and which shall be interpreted together and in harmony with this Agreement. In the event of any conflict between Exhibit A and this Agreement, this Agreement shall govern, control, and take precedence. 1.2 Consultant's project manager will meet with the City's project coordinator prior to commencement of the project to establish a clear understanding of the working relationships, authorities, trade standards, and management philosophy of City as it relates to this Agreement. 1.3 1 .3 Consultant, working with the City, will gather available existing information concerning the project, and shall review documents as necessary for compliance with the project's objectives. 1.4 In performance of this Agreement by Consultant, time will be of the essence. Completion deadlines will be so agreed and arranged in advance and in writing. Plan examination and estimated cost to provide shall include an expected normal first round examination time limit targeted at 10 working days, with follow up second reviews targeted at 5 working days from the date of document receival. A third round of plan check and any additional rounds or specifics or related shop drawing and/or revision review shall be billed on a Time and Materials base, at the agreed upon hourly rate set forth in Section 3, below. If a specific project is deemed by Consultant to be beyond normal where these performance limits cannot reasonably be met, Consultant must obtain City's prior acceptance of the deviation or time extensions in writing. 1.5 Except as expressly stated in Section 1.4, Consultant shall not be responsible for delay caused by activities or factors beyond Consultant's reasonable control, including delays in document submittals, product specification, or by reason of strikes, work slow -downs or stoppages, or acts of God. Each party hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay, hinder or prevent performance of the services under this Agreement. Each Party will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligations in this Agreement. In the event either party is prevented or delayed in the performance of its respective obligation by reason of such Force Majeure, there may be an equitable adjustment of the schedule and Consultant compensation based on City's sole discretion. 1.6 Consultant agrees to perform this Agreement in accordance with the highest degree of skill and expertise exercised by members of Consultant's profession working on similar projects under similar circumstances. 1.7 Consultant shall perform in good faith with City in all aspects of the performance of this Agreement. 1.8 In the course of the performance of this Agreement, Consultant shall act in the City's best interest as it relates to the project. 1.9 In the event, major discrepancies, omissions, or misrepresentations, are discovered during the activity of this Agreement, Consultant shall stop forward progress and notify the City's project coordinator in a timely way. When resolved, forward progress shall commence. 1.10 1.10 All activities of Consultant, its employees, subcontractors, and/or agents will be carried out in compliance with all applicable federal, state, and local laws and regulations. 1.11 1.1 1 The designated project manager for Consultant shall be Susan O'Brien. Consultant's project manager shall have all the necessary authority to direct technical and professional work within the scope of the Agreement and shall serve as the principal point of contact with the City and the City's project coordinator. The authorized principal of Consultant executing this Agreement for the Consultant shall have authority to make decisions regarding changes in services, termination and other matters related to the performance of this agreement on behalf of Consultant. 1.12 The Consultant (and its employees, agents, representatives, and subconsultants), in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the City. The City shall not direct the work and means for accomplishment of the services and work to be performed hereunder. The City, however, retains the right to require that work performed by Consultant meet specific standards consistent with the requirements of this Agreement without regard to the manner and means of accomplishment thereof. Subcontractors shall assume all rights, obligations, and liabilities, applicable to it as an independent contractor hereunder. Consultant represents and warrants that it (i) is fully experienced and properly qualified to perform the class of work and services provided for herein, (ii) has the financial capability and shall finance its own operations required for the performance of the work and services and (iii) is properly equipped and organized to perform the work and services in a competent, timely and proper manner in accordance with the requirements of this Agreement. Consultant agrees to comply with ABS, codified at Labor Code section 2750.3, and shall indemnify, defend and hold harmless the City, its officers, officials, directors, agents representatives, volunteers, and employees against any claim or liability, including attorneys' fees and costs, arising in any manner related to this Agreement that an employee, agent or others under Consultant's supervision or control was misclassified. 1.13 This Agreement contains provisions that permit mutually acceptable changes in the scope, character or complexity of the work if such changes become desirable or necessary as the work progresses. Adjustments to the basis of payment and to the time for performance of the work, if any, shall be established by a written contract amendment (approved and executed by the City) to accommodate the changes in work. 1.14 Consultant warrants that Consultant, its subcontractors, and/or agents (if any) has/have complied with any and all federal, state, and local licensing requirements and agrees to provide proof of such requirements at City's request. 2. DUTIES OF CITY 2.1 City shall furnish to Consultant all available and pertinent data and information requested by Consultant to facilitate the preparation of the documents called for in this Agreement. Consultant shall be entitled to reasonably rely on the accuracy and completeness of such information, provided that Consultant shall make any additional investigation reasonably necessary to confirm such information and provide City prompt written notice of any known or discovered defects in such data and information. 2.2 City shall provide contract administration services. City shall notifr Consultant of required administrative procedures and shall name representatives, if any, authorized to act in its behalf. 2.3 City shall review documents submitted by Consultant and shall render decisions pertaining thereto as promptly as reasonably possible. 3. 3. COMPENSATION 3.1 For the full performance of the services described herein by Consultant, City agrees to compensate Consultant for all services and direct costs associated with the performance of the Project in an amount not to exceed the pre -bid amount or an adjustable pre -accepted Time and Materials amount, as identified in Exhibit A, and as follows: a. Once each month, Consultant shall submit for payment by City, an itemized invoice for services performed during the previous billing period. The invoice shall describe the services rendered and the title of the item of work and shall list labor hours by personnel classification. Said invoice shall be based on all labor and direct expense charges made for work performed on the Project. Labor charges shall be in accordance with the fee schedule found in Exhibit A of this Agreement. City shall pay Consultant for services rendered and approved by the City within 30 days from the date the itemized invoice is received by the City, subject to the maximum not to exceed amount specified above and the City's right to object. b. Direct costs are those outside costs incurred on or directly for the project and substantiated with invoices for the charges. Direct expenses include printing, reproduction, and delivery charges. 3.2 If Consultant incurs other costs which are not specifically covered by the terms of this Agreement, but which are necessary for performance of Consultant's duties, City may approve payment for said costs if authorized in writing by the City in advance. 3.3 City may order changes in the scope or character of services in writing, including increasing or decreasing the amount of Consultant's services. In the event that the work is decreased, Consultant is entitled to full compensation for all services performed and expenses incurred prior to receipt of notice of change. Under no conditions shall Consultant make any changes to the work, either as additions or deductions, without the prior written order of the City. In the event that the City determines that a change to the work or services from that specified in this Agreement is required, the contract time and/or actual costs reimbursable by the City for the project may be adjusted by contract amendment or change order to accommodate the changed work. The maximum not to exceed total amount specified in this Article 3 (Compensation) shall not be exceeded, unless authorized by written contract amendment or change order, approved and executed by the City. Consultant shall obtain prior written approval for a revised fee schedule from the City before exceeding such fee schedule. Only City's authorized representative(s) is authorized to approve changes to this Agreement on behalf of City. 3.4 In no event will the Consultant be reimbursed for any costs or expenses at any rates that exceed the rates for set forth in the fee schedule found in Exhibit A. 3.5 Consultant agrees that the payments to Consultant specified in this Article 3 (Compensation) will constitute full and complete compensation for all obligations assumed by Consultant under this Agreement. The maximum obligation for this contract is set at $50,000. The term of the contract is one year and is to be renewed at the start of each new year. Where conflicts regarding compensation may occur, the provisions of this section apply, 4. SUBCONSULTANTS 4.1 Consultant may not subcontract any services required under this Agreement without the prior written consent of the City. 4.2 Consultant shall be responsible to City for the performance of any and all subconsultants who perform work under this contract, and any acts of negligence or misconduct on their part. Consultant is solely responsible for all payments due to subconsultants. 4.3 Consultant shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein, including naming the City of Campbell, its officers, officials, directors, agents, representatives, volunteers, and employees as additional insureds. Any modification to the insurance requirements for subcontractors must be agreed to by the City in writing. 4.4 If at any time, the City determines any subcontractor is incompetent or unqualified. Consultant will be notified and will be expected to immediately cancel the subcontract. OWNERSHIP OF DOCUMENTS AND MATERIALS All original drawings, documents, papers, data, materials, photographs, negatives and other work products prepared by the Consultant and/or its subconsultants in the performance of the services encompassed in this Agreement (whether in printed or electronic format) ("project -related documents and materials) shall be the property of the City and may be used on this project without the consent of the Consultant or its subcontractors. City acknowledges that such drawings, documents, and other items are instruments of professional services intended for use only on the subject project. Consultant agrees that all copyrights which arise from creation of the project -related documents and materials pursuant to this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. Any project -related documents and materials related to this Agreement shall be confidential, not to be used by the Consultant on other projects or disclosed to any third party, except by agreement in writing by the City, or except as otherwise provided herein. Upon the completion or termination of this Agreement for any reason, the City shall be entitled to receive, and Consultant shall promptly provide to the City upon request, all finished and unfinished project -related documents and materials, produced or gathered by or on behalf of Consultant, that are in Consultant's possession, custody or control. Consultant may retain copies of said documents and materials for its files. In the event of termination, any dispute regarding compensation or damages shall not hinder, prevent, or otherwise impact the City's right to promptly receive and use such documents and materials which are the sole and exclusive property of the City. Certain information received by Consultant from City may be considered confidential ("Confidential Information"). Confidential Information shall mean all non-public information or proprietary materials (in every form and media) disclosed or made available directly or indirectly through any means of communication, either verbally or in writing, to Consultant in connection with this Agreement. Unless otherwise required by law, Consultant shall not, without City's written permission, use or disclose City documentation and/or Confidential Information other than in the performance of the obligations under this Agreement. As between Consultant and City, all City Confidential Information shall remain the property of the City. Consultant shall not acquire ownership interest in the City's Confidential Information. Consultant shall be responsible for ensuring and maintaining the security and confidentiality of City's Confidential Information, protect against any anticipated threats or hazards to the security or integrity of City Data and Confidential Information, protect against unauthorized access to or use of City Data and Confidential Information that could result in substantial harm or inconvenience to City or any end users; and ensure the proper return and/or disposal of City Data and Confidential Information upon termination of this Agreement with notice to the City. Consultant shall take appropriate action to address any incident of unauthorized access to City's Confidential Information, including addressing and/or remedying the issue that resulted in such unauthorized access, notifying City as soon as possible of any incident of unauthorized access to City Data and Confidential Information, or any other breach in Consultant's security that materially affects City or end users; and be responsible for ensuring compliance by its officers, employees, agents, and subcontractors with the confidentiality provisions hereof. Should confidential and/or legally protected City Data be divulged to unauthorized third parties, Consultant shall comply with all applicable federal and state laws and regulations, including but not limited to California Civil Code sections 1798.29 and 1798.82 at Consultant's sole expense. Consultant shall not charge City for any expenses associated with Consultant's compliance with these obligations. Consultant shall defend, indemnify and hold harmless City, its officials, officers, employees and agents against any claim, liability, loss, injury or damage (including attorneys' fee and costs) arising out of, or in connection with, the unauthorized use, access, and/or disclosure of City's Confidential Information by Consultant and/or its agents, employees or sub -contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of the City. This provision shall survive the termination or expiration of this Agreement. 6. TERMINATION 6.1 Notwithstanding any other provision of this Agreement, the City_may terminate this Agreement at any time, with or without cause, in its sole discretion, by giving notice in writing to Consultant of such termination. In the event of such termination, Consultant shall have the right and obligation to immediately assemble the work then in progress for the purpose of completing the work and turning over all materials and documents to City. 6.2 In the event of such termination, Consultant shall be compensated for all work and services performed to the point of termination in accordance with the payment provisions set forth in Section 3.1, unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law. 6.3 Upon notice of termination by City, the Consultant will immediately act to not incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. All finished or unfinished work or documents procured or produced under the Agreement will become property of the City upon the termination date. In the event of Consultant's failure to perform pursuant to the Agreement, the City reserves the right to obtain services elsewhere and Consultant will be liable for the difference between the prices set forth in the terminated Agreement and the actual cost to the City. Termination of the Agreement pursuant to this paragraph shall not relieve the Consultant of any liability to City for additional costs, expenses, or damages sustained by City due to failure of the Consultant to perform pursuant to the Agreement. City may withhold any payments to Consultant for the purpose of set off until such time as the exact amount of damages due City from Consultant is determined. After the effective date of termination, Consultant will have no further claims against the City under the Agreement. No other compensation will be payable for anticipated profit on unperformed services. ►�11] 1] Y W1►1131IZf.19 X40 I to]0 Consultant shall permit authorized representatives of City to inspect and audit all data and records relating to its performance under this Agreement for a period of three years following acceptance of the final study. 8. EQUAL EMPLOYMENT OPPORTUNITY Consultant agrees to refrain from discriminatory employment practices on the basis of race, religious creed, color, sex, national origin, handicap, sexual orientation, marital status, medical condition, disability, ancestry, organized affiliation, military or veteran status, or any other consideration made unlawful by local, state or federal law, of any employee of or applicant for employment with, such Consultant or subcontractor. City requires Consultant to comply with all applicable federal, state, and local equal employment opportunity laws and regulations. 9. INSURANCE AND INDEMNIFICATION 9.1 With respect to any design professional services provided by Consultant, the Consultant agrees to indemnify, and hold harmless the City, its officers, and employees to the fullest extent allowed by law from any and all claims, actions, causes of action, damages, liabilities and losses, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, except for any claims, actions, causes of action, losses, damages or liabilities proximately caused by the sole negligence or willful misconduct of City. City shall not be liable for acts of Consultant in performing services described herein. Notwithstanding anything in this paragraph to the contrary, any defense costs charged to the design professional under this paragraph shall not exceed the design professional's proportionate percentage of fault, except: a. That in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the design professional shall meet and confer with the other parties regarding unpaid defense costs in good faith effort to agree on the allocation of those costs amongst the parties; and b. Where a project -specific general liability policy insures all project participants for general liability exposures on a primary basis and also covers all design professionals for their legal liability arising out of their professional services on a primary basis, then there shall be no limitation on the design professional's duty to provide a defense and cover the City's cost of defense. With respect to all matters other than those covered by the foregoing paragraph, Consultant agrees to indemnify, defend (with counsel reasonably satisfactory to the City) and hold harmless the City, its officers, officials, directors, agents, representatives, volunteers, and employees to the fullest extent allowed by law from and against any and all claims, actions, causes of action, losses, damages, liabilities and costs of every nature, including attorneys' fees and costs (collectively "Losses"), including but not limited to all claims, actions, causes of action, losses, damages, liabilities for property damage, bodily injury, or death, and all costs of defending any claim, caused by or arising out of, or alleged to have been caused by or arise out of, in whole or in part, Consultant's performance under this Agreement, except for any claims, actions, causes of action, losses, damages, costs or liabilities proximately caused by the sole negligence or willful misconduct of City. City shall not be liable for acts of Consultant in performing services described herein. In no event shall this section be construed to require indemnification by the Consultant to a greater extent than permitted under the public policy of the State of California; and in the event that this contract is subject to California Civil Code section 2782(b), the foregoing indemnity provisions shall not apply to any liability for the active negligence of the City. The defense and indemnity provisions obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations contained in this Agreement. The foregoing indemnity provisions are intended to fully allocate the parties' risk of liability to third -parties; and there shall be no rights to indemnity or contribution, in law or equity or otherwise between the parties that are not set forth in this section. Consultant waives all rights to subrogation for any matters covered by the provisions of this section. Consultant's responsibility for such defense and indemnity obligations as set forth in this section shall survive the termination or completion of this Agreement for the full period of time allowed by law. 9.2 Consultant shall maintain insurance conforming to the following specifications to the fullest amount allowed by law for a minimum of 3 years following the termination or completion of this Agreement. The City will be issued a Certificate of Insurance (a Memorandum of Understanding will not be accepted) with the following minimum requirements: • Certificate(s) will show current policy number(s) and effective dates; • Coverage and policy limits will meet, or exceed, requirements below; • The Certificate Holder will be City of Campbell, Risk Manager, 70 North First Street, Campbell, CA 95008; • Certificate will be signed by an authorized representative; An endorsement, if required below, will be provided to show the City, its officers, officials, employees, and volunteers as additional insureds; and Coverages must be maintained during the term of the Agreement with the City, unless a longer duration is required. A. Required Types of Coverage. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. If Consultant maintains broader insurance coverage and/or higher limits than the minimums shown below, the City requires and shall be entitled to the broader insurance coverage and/or higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. The policies shall afford the following types of coverage: 1. Commercial General Liability; Ins Services Office (ISO) CGL Form 00 01 1 1 85 3. Workers' Compensation and Employer Liability 4. Professional Liability and/or Errors and Omissions B. Minimum Limits of Insurance Consultant shall maintain limits no less than: l . General Liability: $1,000,000 combined single limit per occurrence for bodily, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident. The Workers' Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant and its employees. (Not required if Consultant provides written verification it has no employees). 3. Professional Liability and/or Errors and Omissions: $1,000,000 per claim and $2,000,000 in the annual aggregate. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City (as agreed to in this Agreement) before the City's own insurance or self insurance shall be called upon to protect it as a named insured. C. Deductible and Self -Insured Retention Any deductibles or self -insured retention must be declared to and approved by the City, and shall not reduce the lim its of liability. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retention as respects the City, its agents, officers, attorneys, employees, officials and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses related to investigations, claim administration, and defense expenses. Policies containing any self -insured retention provision shall provide or be endorsed to provide that the self -insured retention may be satisfied by either the named insured or the City. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: General Liability and Automobile Liability Coverage: a. The City, its agents, officers, attorneys, employees, officials and volunteers are to be covered as additional insureds as respects: liability arising out of this Agreement performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, leased, hired or borrowed by the Consultant. It is a requirement of this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth in this Agreement shall be available to the City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is affords greater coverage. b. The Consultant's insurance coverage shall be primary insurance as respects the City, its agents, officers, attorneys, employees, officials and volunteers. Any insurance or self- insurance maintained by the City, its agents, officers, attorneys, employees, officials and volunteers shall be excess of the Consultant's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its agents, officers, attorneys, employees, officials, and volunteers. d. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employer's Liability Coverage: The insurer shall agree to waive all rights of subrogation against the City, its agents, officers, attorneys, employees, officials, and volunteers for losses arising from work performed by the Consultant for the City. 3. All Coverages: Any unintentional failure to comply with reporting provisions of the policies shall not affect coverage provided to the City; and unless otherwise approved by the City, each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by regular mail has been given to the City, or ten (10) days for cancellation for non-payment of premium. E. Suspension or Cancellation or Renewal If any of the coverages required by this Agreement should be suspended, voided, cancelled or reduced in coverage during the term of this Agreement, Consultant shall immediately notify City and replace such coverage with another policy meeting the requirements of this Agreement. This contract shall be capped at the sum of $50,000 but may be renewed upon joint agreement as evidenced by renewed signature and date. F. Subcontractors Consultant agrees that any and all contracts with subcontractors for performance of any matter under this Agreement shall require the subcontractors to comply with the same indemnity and insurance requirements set forth in this Agreement to the extent that they apply to the scope of the subcontractors' work. Subcontractors are to be bound to contractor and to City in the same manner and to the same extent as the Consultant is bound to City under this Agreement. Subcontractors shall further agree to include these same provisions with any sub -subcontractor. A copy of this Agreement will be furnished to the subcontractor on request. The Consultant shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the Agreement prior to commencing any work, and will provide proof of compliance to the City. G. Acceptability of Insurers Without limiting Consultant's indemnification provided hereunder, the policies of insurance listed in Article 9.2 of this Agreement are to be issued by an issuer with a current A.M. Best Rating of A:V and who is authorized to transact business in the State of California, unless otherwise approved by the City. H. Verification of Coverage Consultant shall furnish the City with endorsements and certificates of insurance evidencing coverage required by this clause. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be on forms acceptable to the City. Where required by statue, forms approved by the Insurance Commissioner are to be submitted. All certificates are to be received and approved by the City before work commences. I. Special Risks/Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances and provide notice to Consultant. 10. MISCELLANEOUS 10.1 This Agreement shall be binding on the heirs, executors, assigns and successors of Consultant. 10.2 Neither party may assign or alter this Agreement, or any portion hereof, without the prior written consent of the other. 10.3 This Agreement shall not be construed to alter, affect, or waive any lien or stop notice rights, which Consultant may have for the performance of services pursuant to this Agreement. 10.4 Neither parry's waiver of any term, condition or covenant, or breach of any term, condition or covenant shall be construed as the waiver of any other term, condition or covenant or waiver of the breach of any other term, condition or covenant. 10.5 This Agreement contains the entire Agreement between City and Consultant relating to the project and the provision of services to the project. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. Subsequent modifications to this Agreement shall be in writing and signed by both City and Consultant. 10.6 If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding on City and Consultant. 10.7 This Agreement shall be governed in accordance with the laws of the State of California. 10.8 This Agreement may be executed in counterparts which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a parry's signature shall be accepted and valid as an original. 10.9 Changes or amendments to this Agreement must be in writing and approved by all parties. 10.10 The term of this Agreement shall commence upon execution of the Agreement and terminate upon proper notice from either party, pursuant to Section 6. Any extension of the Agreement shall be mutually agreed upon in writing and shall require an amendment to the Agreement signed by both parties. 10.1 1 Consultant owes the City a duty of undivided loyalty in performing the work and services under this Agreement, including, but not limited to, the obligation to refrain from having economic interests and/or participating in activities that conflict with the City's interests in respect to the work and/or services and project. The Consultant shall list current clients who may have a financial interest in the outcome of this Agreement. The Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this agreement. Consultant shall not make or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a direct or indirect financial interest other than the compensation promised by this Agreement. Consultant will immediately advise the City if Consultant learns of a financial interest of Consultant's during the term of this Agreement. 10.12 City is a public agency subject to the disclosure requirements of the California Public Records Act ("CPRA"). If Consultant's proprietary information is contained in documents or information submitted to City, and Consultant claims that such information falls within one or more CPRA exemptions, Consultant must clearly mark such information "Confidential and Proprietary," and identify the specific lines containing the information. In the event of a request for such information, City will make best efforts to provide notice to Consultant prior to such disclosure. If Consultant contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Santa Clara County before the City is required to respond to the CPRA request. If Consultant fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability to Consultant. Consultant further agrees that it shall defend, indemnify and hold City harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney's fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Consultant. 10.13 Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by an act of God, natural disaster, pandemic, acts of terrorism, war, or other peril, which is beyond the reasonable control of the affected party and without the negligence of the respective Panies. Each party hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay, hinder or prevent performance of the services under this Agreement. Each Party will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligations in this Agreement. In the event either party is prevented or delayed in the performance of its respective obligation by reason of such Force Majeure, there may be an equitable adjustment of the schedule and Consultant compensation based on City's sole discretion. 10.14 Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 10.15 Consultant warrants that Consultant, its subcontractors and/or agents (if any) has/have complied with any and all federal, state, and local licensing requirements 10.16 Each party acknowledges that it has reviewed this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement. 10.17 The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Agreement. 10.18 This Agreement is entered into, and to be performed in Santa Clara County, California, and any action arising out of or related to this Agreement shall be maintained in a court of appropriate jurisdiction in Santa Clara County, California. 11. NOTICES Notices required under this Agreement may be delivered by first class mail addressed to the appropriate party at one of the following addresses: CITY: City of Campbell Attention: Rob Eastwood 70 North First Street, Campbell, CA 95008 CONSULTANT: O'Brien Code Consulting Inc. Attention: Susan O'Brien 475 Queens Court Campbell, CA 95008 [Signatures on the following page/ Having read and understood the foregoing Agreement, the undersigned parties agree to be bound hereby: CONSULTANT O'Br'en Code Consulting Inc. &AC-L By: Title: ��j) -�_�— Date: OP17 �'�'�'- Appro as to Fr.�rm r Exhibit A Scope of Services and Fees CITY OF CAMPBELL 13�--"-Briar Loventhal 'Cit1e: C� Manager Date: March 23, 2022 13 SERVICES OVERVIEW The Scope of Services for this contract with the City of Campbell is for providing professional building plan review services. All services will be provided by Ms. Susan O'Brien, P.E., who will work closely with the City staff to ensure the review services exceed the City's expectations. She will provide consistent and comprehensive plans reviews, while providing the superior customer service expected by the jurisdiction. We do not intend to hire any employees, or use sub -consultants. However, should the workload dictate otherwise, we are confident in our ability to recruit highly qualified personnel and will obtain prior authorization from the City Building Official, prior to the use of any subconsultants. O'Brien Code Consulting offers the following services: PLAN REVIEW SERVICES • Provide complete plan review services for compliance with California Building Laws as generally found in Title 24 Parts 1 , 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11 , and 12, including structural, fire/life safety, disabled access, energy conservation requirements, and green building requirements. • Ms. O'Brien is CASP certified (CASp-220) and will be available to provide CASP services to the City. • Based on Ms. O'Brien's many years of experience working for the City Building Division, she is very familiar with all of the applicable local Ordinances, policies and procedures and will implement all applicable items on a project -by -project basis. • Provide comment letters which are consistent and comprehensive, grouped together by discipline, and refer to specific plans sheets and Code sections for ease of • reference. • Provide comment letters in a written format and transmit them to the City Building • Division staff via email, or any other means deemed necessary by the Building Official. o Provide "red -line" mark-ups on the City's PDF plans to supplement written plan review comment letters. • Ms. O'Brien will provide her cell phone number to City staff for their use only and will be available on the same day to respond to questions from City staff. • Services include the initial review and two iterations of revised plans ("re -check") at no additional charge to the City. PLAN REVIEW SERVICES (continued) Upon plan review approval, "wet" digitally signed and digitally stamped approved plans and documents will be transmitted electronically in PDF format to the City along nccO'Brien Code Consulting, Inc_. Quality — Service - Value with an approval letter. All documents will be stamped "Approved" in accordance with the City of Campbell requirements. • O'Brien Code Consulting will not contact the applicant when plans are approved. Any inquiries from applicants or design professionals to O'Brien Code Consulting regarding the status of plans reviews will be directed to the City of Campbell Building Division. • For any paper submittals, pick-up and delivery of all plans and documents in -person by O'Brien Code Consulting staff. We do not intend to use a courier, but should the need arise, we have a standing FEDEX account and we will cover the cost of all such courier services. • PLAN REVIEW TURNAROUND SCHEDULES o Historically, an expected turnaround schedule for initial plan review corrections was ten (10) working days and five (5) working days for any subsequent reviews. However, due to the constantly increasing Code requirements and regulations, such as more extensive Energy Codes, new Green Building Codes, and local Reach Codes, that turnaround schedule is increasingly difficult to achieve. • OCC is committed to maintaining the City's acceptable plan check timelines. We will strive to complete all plan reviews earlier than their City assigned due date. However, that is contingent on the quality and completeness of the submittal. • OCC is committed to completing all initial plan review corrections within the timeframe assigned by the jurisdiction (typically ten to fifteen (10-1 5) business days from the date of the receipt of plans in our office from the City). This includes typical residential and commercial projects. However, building Code change cycle and incomplete plan submittals may require extended plan review times to be defined by the jurisdiction. • Subsequent project plan reviews will be completed within the timeframe assigned by the jurisdiction (typically five to ten (5-10) business days from the date of the receipt of plans in our office from the City). However, building Code change cycle and incomplete plan submittals may require extended subsequent plan review times to be defined by the jurisdiction. • , PLAN REVIEW TURNAROUND SCHEDULES (continued) o Response time for more complex projects as determined by the City will typically be completed within fifteen to twenty (1 5-20) business days from the date of the receipt of plans in our office from the City. The turnaround time for complex projects is negotiable. • O'Brien Code Consulting understands that there may be situations that will require projects to be expedited. We will complete all expedited projects at the request and under the given time parameters provided by the Building Official. O'Brien Code Consulting, Inc. Quality — Service - Value l • , TECHNICAL SUPPORT: Attend pre -construction or pre -design meetings in person or virtually as requested by the Building Official. In the event that a meeting at the City office is desired by the City and/or applicant and design professional, Ms. O'Brien will be available to attend a scheduled meeting in person or virtually with 48 hours prior notice. • Provide field visits. In the event that a field visit is desired by the City and/or applicant and design professional, Ms. O'Brien will be available to attend a scheduled field visit in person or virtually with 48 hours prior notice. o Provide support for field inspection personnel. o Assist staff on an as -needed basis. • All City Building Division staff members will be provided with Ms. O'Brien's cell phone number to contact with questions on an as -needed basis. • MISCELLANEOUS SUPPORT • O'Brien Code Consulting understands the staffing challenges faced by local Building Departments. We are ready and willing to adapt to the changing needs of the jurisdiction. In addition to plan review services, we will provide the following services at the request of the City: • Expedited Services — O'Brien Code Consulting understands that owners/applicants may desire expedited plan review services. In accordance with the policies of the Cit of Campbell, O'Brien Code Consulting would be available to provide expedited plan review services at an increased fee based on the required expedited turnaround time. This would be on a project -by -project basis, as agreed upon with the City Building Official. • MISCELLANEOUS SUPPORT o On -Site Staff Traininq — O'Brien Code Consulting is committed to evolving with the ever -changing Code requirements. Through attendance at seminars and participation in Chapter and Committee meetings, we stay current on Code developments. As a consultant to the City, it is our duty to ensure we communicate the pertinent Code development and industry iswes to the client. Ms. O'Brien will be available to attend staff meetings and provide staff training on various Code topics to City personnel, on -site or virtually, as requested by the City Building Official. • CAL OES — Ms. O'Brien holds a current CAL OES card ID #64779 and is available to assist the jurisdiction in the event of a natural or man-made disaster. CQC O'Brien Code Consulting, Inc, Quality — Service - value • Any Technical and/or Miscellaneous Support services provided to the City Building Division will billed to the City of Campbell at the hourly rate shown on the Standard Rate Schedule PICK-UP/DELIVERY OF PLANS & PLAN CHECK COMMENTS Since the COVID-19 pandemic of 2020, all permit submittals have been provided to the City Building Division in electronic (PDF) format. Currently, the City no longer requires any paper submittals for review. However, should the need arise for review of paper plans and documents, we intend the pick-up and delivery of all plans and documents to be in -person by O'Brien Code Consulting staff. However, should the need arise for courier services, we have a standing account with FEDEx for pick-up and delivery of plans and documents and we will cover the cost of all such courier services. O'Brien Code Consulting, Inc. Quality — Service - Value BUILDING PLAN REVIEW FEES: • Fees for comprehensive plan reviews, performed at the O'Brien Code Consulting office, will be equal to sixty percent (60%) of the review fees as calculated per the City of Campbell. • Fees for Title 24 Accessibility only plan reviews, performed at the O'Brien Code Consulting office, will be equal to forty percent (40%) of the review fees as calculated per the City of Campbell. • Fees for structural only plan reviews, performed at the O'Brien Code Consulting office, will be equal to thirty-five percent (35%) of the review fees as calculated per the City of Campbell. • Fees for Title 24 Energy Only plan reviews, performed at the O'Brien Code Consulting office, will be equal to five percent (5%) of the review fees as calculated per the City of Campbell. • Fee for Design Review Projects preliminary Accessibility Only plan review will be calculated at the standard hourly billing rate. • The fees are negotiable. The percentage based rates will be effective until December 31, 2022. The City will provide O'Brien Code Consulting with jurisdiction plan review fees (project by project) for use in calculating O'Brien Code Consulting fees. • The above fee covers all services associated with the typical plan review including: • Review of plans and related documents for compliance with the California Building Laws as generally found in Title 24 Parts 1 , 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11 , and 12, including structural, fire/life safety, disabled access, energy conservation requirements, and green building requirements, and all applicable local amendments and ordinances. • . Pick-up and delivery of design documents to the jurisdiction. • First, second, and quick third reviews, if necessary, to approve projects. • Additional plan reviews (extensive third reviews and beyond) will be charged at an hourly rate in accordance with the Standard Rate Schedule. Miscellaneous Support Services Fees: Miscellaneous technical and support services, including but not limited to, attending pre -submittal meetings and providing staff training, on -site or virtually at the request of the Chief Building Official, will be billed at an hourly rate per the Standard Rate Schedule. u O'Brien Code Consulting, Inc. Quality — Service - Value O'BRIEN CODE CONSULTING STANDARD RATE SCHEDULE- CITY OF CAMPBELL • Personnel Description Hourly Billing Rate • Principal. ■ 160.00 • These rates are effective through December 31 , 2022. This fee is negotiable. • Overtime will be charged at 125% of the standard hourly rates. No overtime will be charged without prior authorization by client.** • Mileage Reimbursement — • for any OCC staff travel required by the Building Official, beyond 30 miles from the City offices) Standard Government Mileage Rate + 15% (Currently $ 0.56 * 1.15 = $ 0.644 per mile) • Outside Consultants Cost plus 15% • Hours for in-house services in excess of 8 hours (per day) will be billed at the overtime rate shown above. When in-house services or plan review overtime is requested on weekends or holidays, these overtime services will be provided in 4-hour minimum segments. Billing Procedures: At the beginning of each month, O'Brien Code Consulting will furnish to the City of Campbell an invoice and a statement of the work performed for compensation during the preceding month. Such statement will also include a detailed record of the month's actual reimbursable expenditures. C -_ F------ O'Brien Code Consulting, Inc. Quality — Service - Value Exhibit 2 — Scope Amendment SERVICES OVERVIEW The Scope of Services for this contract with the City of Campbell is for providing professional building plan review services. OCC provides full plan review services, and has the required expertise to fulfill the City's specific review requests for CASp accessibility plan reviews and Structural Engineering plan reviews. All services will be provided by Ms. Susan O'Brien, P.E., who will work closely with the City staff to ensure the review services exceed the City's expectations. She will provide consistent and comprehensive plans reviews, while providing the superior customer service expected by the jurisdiction. We do not intend to hire any employees, or use sub -consultants. However, should the workload dictate otherwise, we are confident in our ability to recruit highly qualified personnel and will obtain prior authorization from the City Building Official, prior to the use of any sub -consultants. O'Brien Code Consulting offers the following services: • PLAN REVIEW SERVICES - Certified Access Specialist (CASp) The State Civil Code Section 55.53(d) requires each Building Department employ or retain a sufficient number of staff who are certified access specialists (CASp)to conduct permitting and plan check services to review for compliance with state constructionrelated accessibility standards by a place of public accommodation with respect to new construction, including, but not limited to, projects relating to tenant improvements that may impact access. o Ms. O'Brien is CASp certified (CASp-220) and will be available to act as the required City staff CASp. She will provide technical assistance and interpretations on accessibility related issues including complete CASp plan review services for compliance with California Building Laws as generally found in Title 24 Parts 2 and 2.5. o Through active participation and membership in CASI (Certified Access Specialist Institute), accessibility discussion groups, accessibility list -serves, and webinars, Ms. O'Brien consistently exceeds the minimum continuing education requirements and supplements her knowledge and expertise of state and federal accessibility laws and regulations to promote access to facilities for persons with disabilities. • PLAN REVIEW SERVICES - Structural o Ms. O'Brien is a licensed Civil Engineer who has performed thousands of structural plan reviews over her career including anything from small wood -framed dwellings to large steel frame high rises. • PLAN REVIEW SERVICES - Structural (continued) o Through active participation and membership in ASCE and SEI and structural webinars (AWC and CALBO), Ms. O'Brien consistently exceeds the minimum continuing education requirements to maintain Plan Check Certification and supplements her structural knowledge and expertise to remain current with the Code requirements. • PLAN REVIEW SERVICES - General o Provide comment letters which are consistent and comprehensive, grouped together by discipline, and refer to specific plans sheets and Code sections for ease of reference in a written format and transmit them to the City Building Division staff via email, or any other means deemed necessary by the Building Official. o Provide "red -line" mark-ups on the City's PDF plans to supplement written plan review comment letters. o Upon plan review approval, "wet" digitally signed and digitally stamped approved plans and documents will be transmitted electronically in PDF format to the City along with an approval letter. All documents will be stamped "Approved" in accordance with the City of Campbell requirements. o Based on Ms. O' Brien's many years of experience working for the City Building Division, she is very familiar with all of the applicable local Ordinances, policies and procedures and will implement all applicable items on a project -by -project basis. o Services include the initial review and two iterations of revised plans ("re -check") at no additional charge to the City. o O'Brien Code Consulting will not contact the applicant when plans are approved. Any inquiries from applicants or design professionals to O'Brien Code Consulting regarding the status of plans reviews will be directed to the City of Campbell Building Division. o For any paper submittals, pick-up and delivery of all plans and documents will be using our standing FEDEX account and we will cover the cost of all such courier services. o Ms. O'Brien will provide her cell phone number to City staff for their use only and will be available on the same day to respond to questions from City staff. • PLAN REVIEW TURNAROUND SCHEDULES o Historically, an expected turnaround schedule for initial plan review corrections was ten (10) working days and five (5) working days for any subsequent reviews. However, due to the constantly increasing Code requirements and regulations, such as more extensive Energy Codes, new Green Building Codes, and local Reach Codes, that turnaround schedule is increasingly difficult to achieve. o OCC is committed to maintaining the City's acceptable plan check timelines. We will strive to complete all plan reviews earlier than their City assigned due date. However, that is contingent on the quality and completeness of the submittal. o OCC is committed to completing all initial plan review corrections within the timeframe assigned by the jurisdiction (typically ten to fifteen (10-15) business days from the date of the receipt of plans in our office from the City). This includes typical residential and commercial projects. However, building Code change cycle and incomplete plan submittals may require extended plan review times to be defined by the jurisdiction. o Subsequent project plan reviews will be completed within the timeframe assigned by the jurisdiction (typically five to ten (5-10) business days from the date of the receipt of plans in our office from the City). However, building Code change cycle and incomplete plan submittals may require extended subsequent plan review times to be defined by the jurisdiction. o Response time for more complex projects as determined by the City will typically be completed within fifteen to twenty (15-20) business days from the date of the receipt of plans in our office from the City. The turnaround time for complex projects is negotiable. o O'Brien Code Consulting understands that there may be situations that will require projects to be expedited. We will complete all expedited projects at the request and under the given time parameters provided by the Building Official. • PICK-UP/DELIVERY OF PLANS & PLAN CHECK COMMENTS Since the COVID-19 pandemic of 2020, all permit submittals have been provided to the City Building Division in electronic (PDF) format. Currently, the City no longer requires any paper submittals for review. Should the City require review of paper plans and documents, we will use our standing account with FEDEx for transport of plans and documents and we will cover the cost of all such courier services. Lucky O'Brien O'BRIEN CODE CONSULTING STANDARD RATE SCHEDULE- CITY OF CAMPBELL CASP AND STRUCTURAL REVIEW SERVICES Personnel Description Hourly Billing Rate Principal $ 160.00 These rates are effective through December 31, 2024. This fee is negotiable. Overtime will be charged at 125% of the standard hourly rates. No overtime will be charged without prior authorization by client. ** Mileage Reimbursement — (for any OCC staff travel required by the Building Official, beyond 30 miles from the City offices) Standard Government Mileage Rate + 15% (Currently $ 0.625 1.15 = $ 0.719 per mile) Outside Consultants - Cost plus 15% ** Hours for in-house services in excess of 8 hours (per day) will be billed at the overtime rate shown above. When in-house services or plan review overtime is requested on weekends or holidays, these overtime services will be provided in 4-hour minimum segments. Billing Procedures: At the beginning of each month, O'Brien Code Consulting will furnish to the City of Campbell an invoice and a statement of the work performed for compensation during the preceding month. Such statement will also include a detailed record of the month's actual reimbursable expenditures.