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CC 2021-09-14_08i Agreement for Building Division ServicesMEMORANDUM TO: CITY COUNCIL FROM: BILL ROBESON, ASSISTANT CITY MANAGER/PUBLIC WORKS DIRECTOR BRIAN PEDROTTI, DIRECTOR OF COMMUNITY DEVELOPMENT SUBJECT: CONSIDERATION OF APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR BUILDING DIVISION STAFF, PLAN REVIEW AND INSPECTION SERVICES DATE: SEPTEMBER 14, 2021 SUMMARY OF ACTION: Approval of consultant service agreement for Building Division staff, plan review and inspection services. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: No costs are associated with contract awards. Costs will be incurred for specific projects and services in compliance with the approved budget. Fiscal Year 2021-22 and Fiscal Year 2022-23 budgets each contain $360,000 for the Building Division Contractual Services account. Funds for additional/extension years will be allocated for in future budgets. RECOMMENDATION: It is recommended the City Council approve and authorize the Mayor to execute the Agreement for Consultant Services for Building Division staff, plan review and inspection services. BACKGROUND: The use of consultants has been found to be an effective tool in the delivery of City projects and services. The Community Development Department began utilizing the services of on-call contract building inspectors in 2006 when budget constraints eliminated the full-time building inspector position. Contract building plan review services have been used on an as-needed basis for many years during concentrated/peak permit submittal time frames, and for larger, more complex projects. The existing building plan review and inspection services consultant agreement was established in 2019. Since May of 2021, the City has utilized consultant services for the entire Building Division, including the Chief Building Official (CBO), plan review, inspection services, and permit technician (Permit Tech) with Interwest Group, one of the City’s existing on-call consultants. Item 8.i. - Page 1 CITY COUNCIL CONSIDERATION OF APPROVAL OF CONSULTANT SERVICE AGREEMENT FOR BUILDING DIVISION STAFF, PLAN REVIEW AND INSPECTION SERVICES SEPTEMBER 14, 2021 PAGE 2 Qualifications Received and Evaluation Process On July 22, 2021, the City issued a Request for Proposals (RFP) for Building Division Staff and Plan Review Services. Prior to the close of the RFP deadline on August 5, 2021, the City received RFPs from eight (8) separate companies. Each of the proposals were ranked by City staff based on the following publically advertised criteria: 1. Responsiveness to RFP 2. Quantity, quality and relevance of the firm’s experience and resources 3. References 4. Hourly/Monthly costs of service Based on staff’s review, the City conducted interviews with the three top companies. BPR Consulting Group (BPR) was identified as the top firm because of the flexibility in staffing options, excellent qualifications and customer service, and competitive costs of service fees. Staff entered into contract negotiation with BPR, which has agreed to a draft contract (Attachment 1). ANALYSIS OF ISSUES The current proposal for consideration by the City Council is for Building Division services that will provide the following: • Building Plan Review Services - remote and/or on-site Plan Review staff • All levels of on-site Building Inspection, as well as remote/virtual inspections • As-needed Certified Building Official position services • Excellent and timely customer service, work well with residents, business owners, contractors, building industry professionals, and City staff. Staff has developed a budget-conscious and applicant-centric Building Division services model that has worked through refinement over the past 6 months. Significant improvements have been made in permit processing time, predictability of inspections, and Building Code and life and safety compliance communications. The City has received positive feedback from staff, residential applicants, and industry professionals (contractors, Architects, and Engineers) while staff and the City’s contract service providers continuously review processes for improvement. The customized set of services in the proposed agreement includes: • A Part Time CBO will conduct inspections, address issues out in the field and over the phone, and provide appropriate options if possible, to code compliance difficulties. The CBO also manages the plan review and inspection staff and reports to the Community Development Director and City Management staff. • Part Time Building Inspector will conduct both standard residential and more complicated commercial inspections. • Full Building Plan Review services (remote). All Building Plans are submitted electronically and reviewed by the contracted service. Item 8.i. - Page 2 CITY COUNCIL CONSIDERATION OF APPROVAL OF CONSULTANT SERVICE AGREEMENT FOR BUILDING DIVISION STAFF, PLAN REVIEW AND INSPECTION SERVICES SEPTEMBER 14, 2021 PAGE 3 • Full Time Permit Tech services will be provided until they are transitioned back to an in-house/City-employed Permit Tech (an existing budgeted position). The intention of having a City-employed Permit Tech is to ensure and maintain a high level customer service by having a dedicated, on-site and internal staff person. The Permit Tech will be the “hub” and coordinator of the Building Permit System. The expectation is to allow all applicants to have the capability to directly contact City staff with permit status, processing, and submittal questions, thereby saving time and money. The term length of the proposed agreement with BPR is two (2) years, with an option to extend the agreement for an additional two (2) years. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Approve staff’s recommendations; 2. Do not approve staff’s recommendations; or 3. Provide other direction to staff. ADVANTAGES: Approving the agreement with BPR will continue to allow the City to provide high quality plan review and inspection within a reasonable time-period. Over time, the consulting firm will develop a better understanding of the City's procedures, practices, and expectations, continuing to enhance efficiency and product delivery. Working with a new firm each time results in lost efficiencies. Establishment of this service agreement does not preclude the City from obtaining consultant services through the formal Request for Proposals (RFP) process for specific project needs, specialty work, or grant requirements. DISADVANTAGES: None known at this time. ENVIRONMENTAL REVIEW: Environmental review is not required for these contract agreements. Each project completed will evaluate environmental impacts on a project-by-project basis. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall and on the City’s website in accordance with Government Code Section 54954.2. Attachments 1. Proposed Consultant Services Agreement Item 8.i. - Page 3 AGREEMENT FOR CONSULTANT SERVICES This AGREEMENT FOR CONSULTANT SERVICES (“Agreement”), is made and effective as of September 14, 2021, between BPR CONSULTING GROUP, (“Consultant”), and the CITY OF ARROYO GRANDE, a Municipal Corporation (“City”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1.TERM This Agreement shall commence on September 14, 2021 and shall remain and continue in effect until September 14, 2023 unless sooner terminated pursuant to the provisions of this Agreement. This Agreement may be extended for one (1) additional two (2) year period after the Initial Term upon written agreement by City and Consultant. All terms and conditions of this Agreement shall apply to the additional two (2) year term. 2.SERVICES Consultant shall perform the tasks described and comply with all terms and provisions set forth in the City’s Request for Proposals, Exhibit “A,” and Consultant’s Proposal, Exhibit “B,” attached hereto and incorporated herein by this reference. 3.PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his/her ability, experience and talent, perform all tasks described herein. Consultant shall employ, at a minimum generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4.AGREEMENT ADMINISTRATION The Assistant City Manager/Public Works Director shall represent City in all matters pertaining to the administration of this Agreement. Ron Beehler shall represent Consultant in all matters pertaining to the administration of this Agreement. 5.PAYMENT The City agrees to pay the Consultant in accordance with the payment rates and terms set forth in Consultant’s Proposal, Exhibit “B,” attached hereto and incorporated herein by this reference. The Consultant must correct any errors or omissions to work at no additional cost to the City. Attachment 1 Item 8.i. - Page 4 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. (b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5. 7. TERMINATION ON OCCURRENCE OF STATED EVENTS This Agreement shall terminate automatically on the occurrence of any of the following events: (a) Bankruptcy or insolvency of any party; (b) Sale of Consultant’s business; or (c) Assignment of this Agreement by Consultant without the consent of City. (d) End of the Agreement Initial Term specified in Section 1, unless otherwise extended. 8. DEFAULT OF CONSULTANT (a) The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default. (b) If the City Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. Item 8.i. - Page 5 9. LAWS TO BE OBSERVED. Consultant shall: (a) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incidental to the due and lawful prosecution of the services to be performed by Consultant under this Agreement; (b) Keep itself fully informed of all existing and proposed federal, state and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this Agreement, any materials used in Consultant’s performance under this Agreement, or the conduct of the services under this Agreement; (c) At all times observe and comply with, and cause all of its employees to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above; (d) Immediately report to the City’s Contract Manager in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this Agreement. (e) The City, and its officers, agents and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section. 10. OWNERSHIP OF DOCUMENTS (a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided 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 the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of five (5) years after receipt of final payment. (b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office and upon reasonable written request by the City, the necessary Item 8.i. - Page 6 computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. Upon request by City, Consultant shall make available all work papers and reports to any successor auditor in a timely manner. 11. INDEMNIFICATION (a) Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including attorney’s fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subcontractors or any entity or individual that Consultant shall bear the legal liability thereof in the performance of professional services under this agreement. (b) Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant. (c) General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. (d) Indemnification for Design Professional Services. Notwithstanding anything herein to the contrary, to the fullest extent permitted by law for all design professional services arising under this Agreement, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Item 8.i. - Page 7 12. INSURANCE Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit “C,” attached hereto and incorporated herein as though set forth in full. 13. INDEPENDENT CONSULTANT (a) Consultant is and shall at all times remain as to the City a wholly independent Consultant. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. (b) No employee benefits shall be available to Consultant in connection with performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 14. UNDUE INFLUENCE Consultant declares and warrants that no undue influence or pressure was or is used against or in concert with any officer or employee of the City of Arroyo Grande in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Arroyo Grande will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 15. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the project performed under this Agreement. Item 8.i. - Page 8 16. RELEASE OF INFORMATION/CONFLICTS OF INTEREST (a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization. Consultant, its officers, employees, agents, or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (b) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 17. NOTICES Any notice which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice: To City: City of Arroyo Grande Community Development Director 300 East Branch Street Arroyo Grande, CA 93420 To Consultant: BPR Consulting Group, LLC 2201 Francisco Drive, Suite 140-658 El Dorado Hills, CA 95762 Item 8.i. - Page 9 18. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, without the prior written consent of the City. 19. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the superior or federal district court with jurisdiction over the City of Arroyo Grande. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material. 21. TIME City and Consultant agree that time is of the essence in this Agreement. Time constraints are selection factors on individual service request. The consultant must start work within two weeks from receipt of a written authorization to proceed unless an alternate timeframe has been agreed upon. The City expects the work to be actively pursued until complete. 22. CONTENTS OF REQUEST FOR PROPOSAL Consultant is bound by the contents of the City’s Request for Proposals, Exhibit A, and the contents of the proposal submitted by the Consultant. In the event of conflict, the requirements of City’s Request for Proposals and this Agreement shall take precedence over those contained in the Consultant’s proposal. 23. CONSTRUCTION The parties agree that each has had an opportunity to have their counsel review this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provisions to which they relate. Item 8.i. - Page 10 24. AMENDMENTS Amendments to this Agreement shall be in writing and shall be made only with the mutual written consent of all of the parties to this Agreement. 25. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF ARROYO GRANDE CONSULTANT By: __________________________ By: ____________________________ Caren Ray Russom, Mayor Its: ____________________________ (Title) Attest: ____________________________ Jessica Matson, City Clerk Approved as to Form: _____________________________ Timothy J. Carmel, City Attorney Item 8.i. - Page 11 EXHIBIT A - CITY’S REQUEST FOR PROPOSALS Item 8.i. - Page 12 Community Development Department REQUEST FOR PROPOSALS (RFP) BUILDING DIVISION STAFF AND PLAN REVIEW SERVICES Deliver to: City of Arroyo Grande 300 East Branch Street Arroyo Grande, CA 93420 Attention: Bill Robeson Assistant City Manager/Director of Public Works PROPOSALS DUE: 4:00 PM August 5, 2021 July 22, 2021 Item 8.i. - Page 13 City of Arroyo Grande RFP for Building Consultant Services Page 1 The City of Arroyo Grande (City) is requesting proposals for Building Division Staff and Plan Review Services, including all levels of on-site Building Inspection, remote and on- site Plan Review staff as well as remote as needed Building Official position services. All proposals must be received by the City of Arroyo Grande at 300 East Branch Street, Arroyo Grande, CA 93420 by 4:00 P.M., Thursday, August 5, 2021. Proposals received after said time will not be considered. To guard against premature opening, each proposal package must be submitted to the City of Arroyo Grande in a sealed envelope plainly marked with the: Building Division Staff and Plan Review Services Consultant’s Name Time and Date of the Proposals Opening Proposals must be submitted using the forms provided in this RFP. Provide five (5) copies of your proposal package and one (1) Adobe Acrobat Portable Document Format (PDF) file of the proposal on flash drive or compact disk. Obtaining a Request for Proposals Package Download from the City’s Web site: http://www.arroyogrande.org/Bids.aspx Questions Contact Bill Robeson at (805) 473-5466 or brobeson@arroyogrande.org with any questions regarding this Request for Proposals. Item 8.i. - Page 14 City of Arroyo Grande RFP for Building Consultant Services Page 2 SECTION A - DESCRIPTION OF WORK ..................................................................................................... 3 SECTION B - GENERAL TERMS AND CONDITIONS ................................................................................ 4 PROPOSAL REQUIREMENTS ................................................................................................................ 4 CONTRACT AWARD AND EXECUTION ................................................................................................. 5 SECTION C - PROPOSAL CONTENT AND SELECTION PROCESS ........................................................ 6 PROPOSAL CONTENT ............................................................................................................................ 6 PROPOSAL EVALUATION AND CONSULTANT SELECTION .............................................................. 6 SECTION D - FORM OF AGREEMENT ....................................................................................................... 8 AGREEMENT FOR CONSULTANT SERVICES ...................................................................................... 8 EXHIBIT A - CITY’S REQUEST FOR PROPOSALS ............................................................................. 16 EXHIBIT B - CONSULTANT’S PROPOSAL ........................................................................................... 17 EXHIBIT C – INSURANCE REQUIREMENTS ....................................................................................... 18 SECTION E - PROPOSAL SUBMITTAL FORMS ...................................................................................... 23 ACKNOWLEDGEMENT ......................................................................................................................... 23 STATEMENT OF PAST CONTRACT DISQUALIFICATIONS ............................................................... 24 REFERENCES ....................................................................................................................................... 25 NON-LOBBYING CERTIFICATION........................................................................................................ 28 DEBARMENT AND SUSPENSION CERTIFICATION ......................................................................... 299 Item 8.i. - Page 15 City of Arroyo Grande RFP for Building Consultant Services Page 3 SECTION A - DESCRIPTION OF WORK The City is seeking consultants interested in providing professional services for the Community Development Department's Building Division. Requested services include Building Inspection, Building Plan Review, Green Building Standards, Accessibility, Fire Plan Review, and Building Official duty services. The City is requesting proposals from qualified consultants to provide these services on an as needed basis. The consultant is encouraged to provide a list of other services available to the City. Goals and expectations of the consultant include keeping open lines of communication between consultant and City staff. The consultant must be able to provide excellent customer service, work well with the residents, business owners, contractors and City staff. For remote work, the consultant must provide all vehicles, fuel, computers, phones, office space, and supplies required. Building Inspection Services The consultant must be able to provide full service on-site building inspection services. Building inspections shall include all aspects of construction including structural, fire prevention, life safety, electrical, plumbing, mechanical, energy efficiency, accessibility standards, and site work. Adequate inspection services shall be provided to enforce compliance with the conditions of approval, City, State, and Federal laws and the requirements set forth on the plans for which the permit was issued. The consultant shall coordinate with other City departments to include Planning, Engineering, Public Works, Police and Five Cities Fire as required. When infractions are observed, inspectors shall write citations and/or stop work in progress depending on the nature of the infraction, document actions, and testify in court if necessary. Building Plan Review The consultant must be able to provide full on-site and remote building plan review services, including Green Building Standards, Accessibility and Fire Plan Review. The consultant shall coordinate with other City departments to include Planning, Engineering, Public Works, Police and Five Cities Fire as required. The consultant must provide details and documentation of the plan review process. The consultant must provide City standard turnaround time and always be within the two-week maximum allowable for all plan reviews. Additionally, provide an expedited review option. Building Official On an hourly and as needed basis, including remote availability, the consultant must be able to provide Building Official services to resolve complex building plan review issues and building inspections. Attend weekly department meeting as requested for coordinating with other City departments. Make determinations and recommendations regarding complicated building code compliance concerning building safety matters and perform other related duties as assigned. Item 8.i. - Page 16 City of Arroyo Grande RFP for Building Consultant Services Page 4 SECTION B - GENERAL TERMS AND CONDITIONS PROPOSAL REQUIREMENTS 1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (Consultant) shall meet all of the terms, and conditions of this Request for Proposal (RFP). By virtue of its proposal submittal, the Consultant acknowledges agreement with and acceptance of all provisions of the RFP specifications. 2. Proposal Submittal. Each proposal must be submitted on the form(s) provided and accompanied by any other required submittals or supplemental materials. Proposal documents must be enclosed in an envelope that shall be sealed and addressed to the Bill Robeson, Assistant City Manager/Director of Public Works, City of Arroyo Grande, 300 East Branch Street, Arroyo Grande, CA, 93420. Each proposal submittal must include one electronic copy of the proposal, submitted in Adobe Acrobat format on CD or flash drive. In order to guard against premature opening, the proposal should be clearly labeled with the request title, name of Consultant, and date and time of proposal opening. No FAX submittals will be accepted. 3. Submittal of References. Each proposer shall submit a statement of qualifications and a minimum of three (3) references on the form provided in this RFP package. Proposers may use their own forms but the information provided on the RFP reference forms shall be the same. 4. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past government disqualifications on the form provided in this RFP package. 5. Proposal Withdrawal and Opening. A Consultant may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the Assistant City Manager/Public Works Director for its withdrawal, in which event the proposal will be returned to the Consultant unopened. No proposal received after the time specified or at any place other than that stated in the "Notice Requesting Proposals" will be considered. 6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested in more than one proposal, except an alternative proposal when specifically requested. However, an individual or business entity that has submitted a sub-proposal to a Consultant submitting a proposal, or who has quoted prices on materials to such Consultant, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other Consultants submitting proposals. 7. Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged, but will be permitted. However, any such oral communication shall not be binding on the City. The issuance of a written addendum is the only official method Item 8.i. - Page 17 City of Arroyo Grande RFP for Building Consultant Services Page 5 whereby interpretation, clarification, or additional information can be given. Please direct all written correspondence to Bill Robeson, Assistant City Manager/Director of Public Works, at brobeson@arroyogrande.org. 8. Alternative Proposals. When specifically requested, the proposer may submit an alternative proposal (or proposals) that it believes will also meet the City's project objectives but in a different way. In this case, the proposer must provide an analysis of the advantages and disadvantages of each of the alternatives, and discuss under what circumstances the City would prefer one alternative to the other(s). If an alternative proposal is submitted, the maximum length of the proposal may be expanded proportionately by the number of alternatives submitted. CONTRACT AWARD AND EXECUTION 9. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for examination and comparison. The City also reserves the right to waive non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. 10. Competency and Responsibility of Consultant. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of Consultants. Consultants will provide, in a timely manner, all information that the City deems necessary to make such a decision. 11. Contract Requirement. The Consultant to whom award is made shall execute a written Agreement with the City within ten (10) calendar days after notice of the award has been sent by mail to the address given in its proposal. The Agreement shall be made in the form adopted by the City and incorporated in this RFP. 12. Insurance Requirements. The Consultant shall provide proof of insurance in the form, coverages and amounts specified in this RFP within ten (10) calendar days after notice of award as a precondition to Agreement execution. 13. Business License & Tax. The Consultant must have a valid City of Arroyo Grande business license and tax certificate before execution of the Agreement. 14. Failure to Accept Contract. The following will occur if the Consultant to whom the award is made fails to enter into an Agreement: the award will be annulled and an award may be made to the next highest ranked Consultant. Item 8.i. - Page 18 City of Arroyo Grande RFP for Building Consultant Services Page 6 SECTION C - PROPOSAL CONTENT AND SELECTION PROCESS PROPOSAL CONTENT 1. Submittal Forms a. Acknowledgement b. Statement of Past Contract Disqualifications c. References d. Non-Lobbying Certification e. Debarment and Suspension Certification 2. Qualifications a. Experience of your firm in performing Building Division services. b. Experience of the staff to be assigned to this work in performing similar services. c. Redundancy in the company of staff experienced in this type of work. d. Resumes of the individuals who would be assigned to this work. e. Proximity and staffing levels of the nearest company office. f. Statement and explanation of any instances where your firm has been removed from a project or disqualified from proposing on a project. g. Detailed list of services available directly from your firm. 3. Work Program a. Description of your approach to working with City staff. b. Services or data anticipated to be provided by the City. c. Any other information that would assist us in making an award decision. 4. Proposal Length and Copies a. Proposals should be the minimum length to provide the required information. Charts and other short form approaches to conveying information are encouraged. b. Five (5) copies of the proposal must be submitted. c. One (1) Adobe Acrobat PDF electronic copy. 5. Fee Schedule In accordance with Qualifications-Based Selection (QBS), one (1) copy of the standard hourly billing rates for consultant and sub-consultant staff is to be submitted in a separate sealed envelope plainly marked as: “Fee Schedule City of Arroyo Grande Building Division Staff and Plan Review Services” PROPOSAL EVALUATION AND CONSULTANT SELECTION Item 8.i. - Page 19 City of Arroyo Grande RFP for Building Consultant Services Page 7 Proposals will be evaluated by a selection committee and the award process will be as follows: 6. Written Proposal Review/Finalist Candidate Selection Evaluation of the proposals will be based on the following qualifications: 1. Responsiveness to RFP 2. Quantity, quality and relevance of the firm’s experience and resources 3. References Proposals will be reviewed by a selection committee and ranked in accordance with the above criteria. Where one or more proposals are rated consistently higher than others, the consultants may be selected as the top ranked consultants for purposes of contract negotiation. The City, at its sole discretion, may request an oral presentation or discussion with the most qualified candidates. 4. Proposal Review and Award Schedule The following is an outline of the anticipated schedule for proposal review and contract award: Issue RFP ......................................... July 22, 2021 Receive proposals .......................... August 5, 2021 Complete proposal evaluation ...... August 13, 2021 Reference checks and contract negotiations August 16 – August 18, 2021 Tentative Award contract (at City Council) …. August 24, 2021 Item 8.i. - Page 20 City of Arroyo Grande RFP for Building Consultant Services Page 8 SECTION D - FORM OF AGREEMENT AGREEMENT FOR CONSULTANT SERVICES This AGREEMENT FOR CONSULTANT SERVICES (“Agreement”), is made and effective as of 2021, between (“Consultant”), and the CITY OF ARROYO GRANDE, a Municipal Corporation (“City”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on , 2021 and shall remain and continue in effect until , 2023 unless sooner terminated pursuant to the provisions of this Agreement. This Agreement may be extended for one (1) additional two (2) year period after the Initial Term upon written agreement by City and Consultant. All terms and conditions of this Agreement shall apply to the additional two (2) year term. 2. SERVICES Consultant shall perform the tasks described and comply with all terms and provisions set forth in the City’s Request for Proposals, Exhibit “A” and Consultant’s Proposal, Exhibit “B”, and attached hereto and incorporated herein by this reference. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his/her ability, experience and talent, perform all tasks described herein. Consultant shall employ, at a minimum generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. AGREEMENT ADMINISTRATION The Assistant City Manager/Public Works Director shall represent City in all matters pertaining to the administration of this Agreement. ____________________ shall represent Consultant in all matters pertaining to the administration of this Agreement. 5. PAYMENT The City agrees to pay the Consultant in accordance with the payment rates and terms set forth in Consultant’s Proposal, Exhibit “B”, attached hereto and incorporated herein by this reference. The Consultant must correct any errors or omissions to work at no additional cost to the City. Item 8.i. - Page 21 City of Arroyo Grande RFP for Building Consultant Services Page 9 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. (b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5. 7. TERMINATION ON OCCURRENCE OF STATED EVENTS This Agreement shall terminate automatically on the occurrence of any of the following events: (a) Bankruptcy or insolvency of any party; (b) Sale of Consultant’s business; or (c) Assignment of this Agreement by Consultant without the consent of City. (d) End of the Agreement Initial Term specified in Section 1, unless otherwise extended. 8. DEFAULT OF CONSULTANT (a) The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default. (b) If the City Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. Item 8.i. - Page 22 City of Arroyo Grande RFP for Building Consultant Services Page 10 9. LAWS TO BE OBSERVED. Consultant shall: (a) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incidental to the due and lawful prosecution of the services to be performed by Consultant under this Agreement; (b) Keep itself fully informed of all existing and proposed federal, state and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this Agreement, any materials used in Consultant’s performance under this Agreement, or the conduct of the services under this Agreement; (c) At all times observe and comply with, and cause all of its employees to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above; (d) Immediately report to the City’s Contract Manager in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this Agreement. (e) The City, and its officers, agents and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section. 10. OWNERSHIP OF DOCUMENTS (a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided 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 the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of five (5) years after receipt of final payment. (b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and Item 8.i. - Page 23 City of Arroyo Grande RFP for Building Consultant Services Page 11 printing computer files. Upon request by City, Consultant shall make available all work papers and reports to any successor auditor in a timely manner. 11. INDEMNIFICATION (a) Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including attorney’s fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subcontractors or any entity or individual that Consultant shall bear the legal liability thereof in the performance of professional services under this agreement. (b) Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant. (c) General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. (d) Indemnification for Design Professional Services. Notwithstanding anything herein to the contrary, to the fullest extent permitted by law for all design professional services arising under this Agreement, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Item 8.i. - Page 24 City of Arroyo Grande RFP for Building Consultant Services Page 12 12. INSURANCE Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in “SECTION D – EXHIBIT “C” of the Request for PROPOSALS. Exhibit “C” attached hereto and incorporated herein as though set forth in full. 13. INDEPENDENT CONSULTANT (a) Consultant is and shall at all times remain as to the City a wholly independent Consultant. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. (b) No employee benefits shall be available to Consultant in connection with performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 14. UNDUE INFLUENCE Consultant declares and warrants that no undue influence or pressure was or is used against or in concert with any officer or employee of the City of Arroyo Grande in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Arroyo Grande will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 15. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the project performed under this Agreement. Item 8.i. - Page 25 City of Arroyo Grande RFP for Building Consultant Services Page 13 16. RELEASE OF INFORMATION/CONFLICTS OF INTEREST (a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization. Consultant, its officers, employees, agents, or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (b) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 17. NOTICES Any notice which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice: To City: City of Arroyo Grande Community Development Director 300 East Branch Street Arroyo Grande, CA 93420 To Consultant: ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ Item 8.i. - Page 26 City of Arroyo Grande RFP for Building Consultant Services Page 14 18. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, without the prior written consent of the City. 19. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the superior or federal district court with jurisdiction over the City of Arroyo Grande. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material. 21. TIME City and Consultant agree that time is of the essence in this Agreement. Time constraints are selection factors on individual service request. The consultant must start work within two weeks from receipt of a written authorization to proceed unless an alternate timeframe has been agreed upon. The City expects the work to be actively pursued until complete. 22. CONTENTS OF REQUEST FOR PROPOSAL Consultant is bound by the contents of the City’s Request for Proposals, Exhibit “A”, attached hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Consultant in the event of conflict, the requirements of City’s Request for Proposals and this Agreement shall take precedence over those contained in the Consultant’s proposals. 23. CONSTRUCTION The parties agree that each has had an opportunity to have their counsel review this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provisions to which they relate. Item 8.i. - Page 27 City of Arroyo Grande RFP for Building Consultant Services Page 15 24. AMENDMENTS Amendments to this Agreement shall be in writing and shall be made only with the mutual written consent of all of the parties to this Agreement. 25. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF ARROYO GRANDE CONSULTANT By: __________________________ By: ____________________________ Caren Ray Russom, Mayor Its: ____________________________ Attest: (Title) ____________________________ Jessica Matson, City Clerk Approved as to Form: _____________________________ Timothy J. Carmel, City Attorney Item 8.i. - Page 28 City of Arroyo Grande RFP for Building Consultant Services Page 16 EXHIBIT A - CITY’S REQUEST FOR PROPOSALS Item 8.i. - Page 29 City of Arroyo Grande RFP for Building Consultant Services Page 17 EXHIBIT B - CONSULTANT’S PROPOSAL Item 8.i. - Page 30 City of Arroyo Grande RFP for Building Consultant Services Page 18 EXHIBIT C – INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy from CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage from CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant’s employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per occurrence. Item 8.i. - Page 31 City of Arroyo Grande RFP for Building Consultant Services Page 19 Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designated to protect against acts, errors or omissions of the Consultant and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurer that are admitted carriers in the state California and with an A.M. Best rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its official employees and agents, using standard ISO endorsement No. CG 2010. Consultant also agrees to require all Consultants, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant’s employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all Consultants and subcontractors to do likewise. 3. All insurance coverage and limits provided by Consultant and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any Consultant or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. Item 8.i. - Page 32 City of Arroyo Grande RFP for Building Consultant Services Page 20 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. The insurer will provide 30 days’ notice to City of any cancellation of coverage. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self- insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any Consultant, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Consultant’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At the time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self- insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increase benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. Item 8.i. - Page 33 City of Arroyo Grande RFP for Building Consultant Services Page 21 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirements in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17. The provisions of any workers’ compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Item 8.i. - Page 34 City of Arroyo Grande RFP for Building Consultant Services Page 22 22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Item 8.i. - Page 35 City of Arroyo Grande RFP for Building Consultant Services Page 23 SECTION E - PROPOSAL SUBMITTAL FORMS ACKNOWLEDGEMENT The undersigned declares that she or he:  Has carefully examined this Request for Proposals  Is thoroughly familiar with its content  Is authorized to represent the proposing firm; and  Agrees to perform the work as set forth in the specification and this proposal. Firm Name and Address: Contact Name: Email: Fax: Phone: Signature of Authorized Representative: Date: Item 8.i. - Page 36 City of Arroyo Grande RFP for Building Consultant Services Page 24 STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The Consultant shall state whether it or any of its officers or employees who have a proprietary interest in it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of the violation of law, a safety regulation, or for any other reason, including but not limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the circumstances. Do you have any disqualification as described in the above paragraph to declare? Yes No If yes, explain the circumstances. Executed on ______________________at _______________________________________ under penalty of perjury of the laws of the State of California, that the foregoing is true and correct. ______________________________________ Signature of Authorized Consultant Representative Item 8.i. - Page 37 City of Arroyo Grande RFP for Building Consultant Services Page 25 REFERENCES Number of years engaged in providing the services included within the scope of the specifications under the present business name: _________ Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the services included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1 Customer Name Contact Individual Telephone & Email Street Address City, State, Zip Code Date of Services Contract Amount Description of Services Item 8.i. - Page 38 City of Arroyo Grande RFP for Building Consultant Services Page 26 Reference No. 2 Customer Name Contact Individual Telephone & Email Street Address City, State, Zip Code Date of Services Contract Amount Description of Services Item 8.i. - Page 39 City of Arroyo Grande RFP for Building Consultant Services Page 27 Reference No. 3 Customer Name Contact Individual Telephone & Email Street Address City, State, Zip Code Date of Services Contract Amount Description of Services Item 8.i. - Page 40 City of Arroyo Grande RFP for Building Consultant Services Page 28 NON-LOBBYING CERTIFICATION The prospective participant certifies by signing and submitting this bid or proposal to the best of his or her knowledge and belief that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower-tier subcontracts, which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly Item 8.i. - Page 41 City of Arroyo Grande RFP for Building Consultant Services Page 29 DEBARMENT AND SUSPENSION CERTIFICATION The Consultant certifies under penalty of perjury under the laws of the State of California, that the Consultant has complied with Title 49, Code of Federal Regulations, Part 29, Debarment and Suspension Certificate, which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer or manager, is not currently under suspension, debarment , voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency with the past three years; does not have a proposed debarment pending, and has not been indicted, convicted or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years. Any exception to this certification must by disclosed to the City. Exception will not necessarily result in denial of recommendation for award, but will be considered in determining the Consultants responsibility. Disclosures must indicate to who exceptions apply, initiating agency and dates of action. Do you have any exceptions as described in the above paragraph to declare? Yes No If yes, explain the circumstances. Executed on ______________________at _______________________________________ under penalty of perjury of the laws of the State of California, that the foregoing is true and correct. Item 8.i. - Page 42 EXHIBIT B - CONSULTANT’S PROPOSAL Item 8.i. - Page 43 PROPOSAL TO PROVIDE BUILDING DIVISION STAFF AND PLAN REVIEW SERVICES August 5, 2021 Item 8.i. - Page 44 Safe Buildings for Your Community Efficient Professional Services Item 8.i. - Page 45 August 5, 2021 Mr. Bill Robeson Assistant City Manager / Director of Public Works City Arroyo Grande 300 East Branch Street Arroyo Grande, CA 93420 Dear Mr. Robeson, Thank you for the opportunity to present this proposal which provides a detailed overview of the building safety services offered by BPR Consulting Group (BPR). We understand the City is seeking a consultant to provide comprehensive building safety services including Building Official services, Inspection services, Permit Technician services, and outsourced plan review services. We appreciate your time reviewing this proposal and hope that we may be of service to the City Arroyo Grande. Our talented staff of Building Officials, Plans Examiners, Building Inspectors, Licensed Engineers, CASp experts, permit technicians and administrative staff have extensive experience providing all aspects of building department services in support of California communities. Our staff has experience providing similar building department services for numerous public agencies throughout the State of California including communities such as the Cities of Sacramento, Manteca, Elk Grove, Davis, Woodland, Merced, Sonora, Turlock, Visalia, Fresno, Corona, Anaheim, Pomona, Rialto, Tustin, Palmdale, Delano, Dinuba, and the Counties of San Joaquin, Butte, Shasta, Nevada, Fresno, Merced, and San Bernardino to name a few. BPR Consulting Group’s staff of building safety personnel are experienced in providing quality, thorough plan review and inspection services for our clients. Our staff of qualified professionals and our expertise allows us to assist you and your department to maintain service levels during periods of increased workload. Unlike the large national firms, BPR services are focused on supporting California communities in the delivery of high-quality, building department services, tailored to your needs, with the goal of exceeding our clients’ expectations by: ▪ Providing all services in a cost-effective manner. ▪ Providing qualified and experienced personnel who have the ability to effectively communicate and explain relevant code requirements. ▪ Providing a high level of customer service for internal and external customers. ▪ Balancing the need to ensure conformance to standards and regulations with the need for predictability, uniformity, and efficiency. Item 8.i. - Page 46 BPR’s staff of Building Officials, Plans Examiners, Building Inspectors and Permit Technicians are all appropriately ICC Certified and are experienced and well-versed in providing services to Building Departments. Please feel free to contact us if you have any questions concerning our qualifications or the services we provide. Thank you for taking the time to review our qualifications. We look forward to the opportunity to work with you and serve the City of Arroyo Grande. Sincerely, BPR CONSULTING GROUP Ron Beehler, SE, CBO Roger Peterson, SE Director of Plan Review Services Sr. Structural Engineer / Director 916.204.3178 916.202.2902 rbeehler@bpr-grp.com rpeterson@bpr-grp.com Item 8.i. - Page 47 TABLE OF CONTENTS S E C T I O N 1 S E C T I O N 2 S E C T I O N 3 S E C T I O N 4 A P P E N D I X A Item 8.i. - Page 48 SECTION 1 CITY SUBMI TTAL FORMS Completed copies of the Acknowledgement form, Statement of Past Contract Disqualifications form, Reference forms, Non-Lobbying Certification form and Debarment and Suspension Certification form are included on the following pages. Item 8.i. - Page 49 City of Arroyo Grande RFP for Building Consultant Services Page 23 SECTION E - PROPOSAL SUBMITTAL FORMS ACKNOWLEDGEMENT The undersigned declares that she or he:  Has carefully examined this Request for Proposals  Is thoroughly familiar with its content  Is authorized to represent the proposing firm; and  Agrees to perform the work as set forth in the specification and this proposal. Firm Name and Address: Contact Name: Email: Fax: Phone: Signature of Authorized Representative: Date: Item 8.i. - Page 50 City of Arroyo Grande RFP for Building Consultant Services Page 24 STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The Consultant shall state whether it or any of its officers or employees who have a proprietary interest in it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of the violation of law, a safety regulation, or for any other reason, including but not limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the circumstances. Do you have any disqualification as described in the above paragraph to declare? Yes No If yes, explain the circumstances. Executed on ______________________at _______________________________________ under penalty of perjury of the laws of the State of California, that the foregoing is true and correct. ______________________________________ Signature of Authorized Consultant Representative Item 8.i. - Page 51 REFERENCES Number of years engaged in providing the services included within the scope of the specifications under the present business name: Less than one year* * BPR Consulting Group was recently incorporated in the State of California, however, the three founders each have over 20 years of experience providing and managing plan review and inspection services for City, County and State municipalities throughout California. Our proposed staff are all senior level staff with many years of experience providing the services requested in this RFP. The staff proposed in our proposal have all worked together under a previous employer providing services similar to those requested for a minimum of 5 years. Describe fully the last three contracts performed by your firm that demonstrates your ability to provide the services included within the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firms qualifications. Reference No. 1 Customer Name: City of Sacramento Contact individual: Winfred Deleon, Chief Building Official Telephone & Email: (916) 808-5475; wdeleon@cityofsacramento.org Street Address: 300 Richards Boulevard, 3rd Floor City, State & Zip Code: Sacramento, CA 95811 Date of Services: 2017 - Present Contract Amount: $5.0 Million Description of Services: Services included comprehensive building department services for the City of Sacramento including in-house plan review, out-sourced plan review, inspection, and permit technician services. In addition, BPR staff provided in-house plan review training for the City of Sacramento’s plan review staff. Types of projects reviewed and inspected include residential, multi-family, commercial, and multi-story projects including mid-rise and high-rise projects, institutional projects, industrial projects, retail buildings and medical office buildings. Item 8.i. - Page 52 Reference No. 2 Customer Name: City of Manteca Contact individual: Brad Wungluck, Chief Building Official Telephone & Email: (209) 456-8562; bwungluck@ci.manteca.ca.us Street Address: 1215 W. Center Street, Suite 201 City, State & Zip Code: Manteca, CA 95337 Date of Services: 2014 - Present Contract Amount: Approximately $800,000.00 Description of Services: Services included comprehensive building department services for the City of Manteca which included out- sourced plan review, inspection, and project management services. Types of projects reviewed and inspected include residential, multi-family, commercial, and multi-story projects including mid-rise projects, industrial projects, retail buildings and medical office buildings. One notable project was the Great Wolf Lodge project which including a 510,000 SF hotel, 100,000 SF indoor water park, a family entertainment center, restaurant, food court and meeting and banquet rooms. BPR staff provided oversite of all plan review and inspection services and acted in the role of Project Manager for the City during the design and constructi on of the Great Wolf Lodge. Item 8.i. - Page 53 Reference No. 3 Customer Name: Town of Yountville Contact individual: Sandra Liston, Planning and Building Director Telephone & Email: (707) 944-8851 Street Address: 6550 Yount Street City, State & Zip Code: Yountville, CA 94599 Date of Services: 2015 - Present Contract Amount: Time & Material with no contract limit Description of Services: Comprehensive building department services including in-house Building Official, inspection and out-sourced plan review services for the Town of Yountville. Our staff managed the Town of Yountville’s building department and provided plan review and inspection services for all construction projects in the Town of Yountville. Types of projects reviewed and inspected include residential, multi-family, commercial, hotels, churches, and retail buildings. Item 8.i. - Page 54 City of Arroyo Grande RFP for Building Consultant Services Page 28 NON-LOBBYING CERTIFICATION The prospective participant certifies by signing and submitting this bid or proposal to the best of his or her knowledge and belief that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower-tier subcontracts, which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly Item 8.i. - Page 55 City of Arroyo Grande RFP for Building Consultant Services Page 29 DEBARMENT AND SUSPENSION CERTIFICATION The Consultant certifies under penalty of perjury under the laws of the State of California, that the Consultant has complied with Title 49, Code of Federal Regulations, Part 29, Debarment and Suspension Certificate, which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer or manager, is not currently under suspension, debarment , voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency with the past three years; does not have a proposed debarment pending, and has not been indicted, convicted or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years. Any exception to this certification must by disclosed to the City. Exception will not necessarily result in denial of recommendation for award, but will be considered in determining the Consultants responsibility. Disclosures must indicate to who exceptions apply, initiating agency and dates of action. Do you have any exceptions as described in the above paragraph to declare? Yes No If yes, explain the circumstances. Executed on ______________________at _______________________________________ under penalty of perjury of the laws of the State of California, that the foregoing is true and correct. Item 8.i. - Page 56 SECTION 2 COMPANY OVERVIEW Seamlessly integrating municipal service professionals in support of public agencies is BPR Consulting Group’s sole purpose. BPR was founded by individuals with a long history of serving municipalities and communities throughout California and Nevada. BPR’s founders all have over 20 years of experience providing building and safety services for city, county, and state agencies. We have extensive experience in all aspects of building safety, including building official, plan review, inspection, and permit technician services. We have worked with public agencies throughout California to provide these same services. Our Building Safety Division consists of the following: California licensed structural, civil, mechanical, electrical and fire protection engineers; Certified Access Specialist (CASp) professionals; ICC-certified building officials, plans examiners, inspectors, permit technicians; and highly experienced administrative personnel. Our team has a proven track record of providing efficient and predictable building department services while meeting or exceeding client expectations. Our key objectives in providing these services to the City of Arroyo Grande are: ▪ To remain unmatched in furnishing responsive and knowledgeable building safety services. Our staff currently serves or has served in all facets of municipal work by direct employment experience or as a consultant. BPR’s staff knows and understands what is needed for a building department to operate efficiently. ▪ To provide timely and responsive plan review services. We work to provide your community with efficient and timely building department services including clear communication of plan review and inspection results and provide clear and concise information directly to your clients. We will work with you to tailor our services to align with your community’s unique and specific needs. ▪ To share our wealth of code knowledge and building industry experience. Our staff maintains a detailed understanding of the basis utilized in the development of the provisions included in the California Building Codes and has been intimately involved in the development process for the California building codes. We utilize this knowledge to provide reasonable and responsible interpretations of code requirements and share this unique knowledge by developing and providing code-related training and instruction at industry sponsored conferences, and in support of local ICC Chapters. ▪ To be responsive to your specific staffing needs. As construction and development activity fluctuates within your community, we can adjust our service levels allowing you to maintain seamless, efficient and high-quality service to your department’s customers. ▪ To provide staff who have the appropriate experience, certifications, and knowledge. We closely evaluate staff qualifications and experience to align with your specific needs and the needs of your community. We understand the importance of selecting staff with the right background, temperament, qualifications, and personality to properly align with the values of the communities we serve. Item 8.i. - Page 57 QUALIFICATIONS & EXPERIENCE The following is a brief description of the services which we are experienced at providing in support of building departments. We have provided and coordinated in-house, staff-augmentation, building-official services, outsourced building-department plans-examination services, inspection services, fire plan review and inspection services, and permit technician services to a multitude of public agencies throughout California. BUILDING OFFICIAL SERVICES BPR staff have provided Building Official services for many California communities. Our Building Official staff possess experience and are knowledgeable of the laws and regulations associated with building department operations and will use this experience and knowledge to promote efficient services for your department. We can provide full-time or part-time, on-site Building Official services. We also have the ability to provide on-call as needed remote Building Official services and/or Building Official services directly in support of specific major development projects within your community. Our Building Officials are keenly aware of the importance an efficient and predictable building department has on the economic vitality of the communities we serve. PLAN REVIEW SERVICES BPR Consulting Group’s staff have many years of experience providing plan review for all types of projects ranging from small, simple, tenant-improvement projects to commercial, industrial, and high-rise building projects. We review all submitted project documents as needed to verify building code compliance. We have the ability to assign plans examiners with the same qualifications and professional licenses as required for project designers which allows efficient professional communication of plan review related issues. We believe this approach affords a minimum number of plan review cycles allowing projects to move to construction without unnecessary plan review related delays. BUILDING INSPECTION SERVICES BPR Consulting Group maintains a staff of ICC Certified building inspectors available to serve your community. We understand the importance of personality coupled with code knowledge and the ability to explain identified deficiencies in a non-threatening manner. We carefully select inspection staff to ensure that selected staff possess the appropriate skills and knowledge for the types of projects they will be assigned. We value our inspection staff’s ability to effectively communicate with city officials, homeowners, builders, and others as an important trait necessary for delivery of successful inspection services on behalf of the communities we serve. We have found that demonstrated code knowledge, along with personality, clear and efficient communication, are required ingredients for a fair and transparent inspection program. Item 8.i. - Page 58 PERMIT TECHNICIAN SERVICES BPR Consulting Group maintains a staff of ICC Certified permit technicians available to serve your community. We understand the importance of the permit technician position. As the first contact by residents and builders alike, the first impression provided by our permit technicians sets the stage for the overall permitting experience. Our permit technicians are knowledgeable of state laws associated with is suance of building permits, have experience with multiple databases utilized by building departments and will quick ly learn the unique project routing and approval process used by your department. Additionally, our permit technicians with minimum training, will use your adopted fee schedules to ensure that plan review and building permit related fees are properly assessed. At the completion of the plan review process, required approvals from other departments both within and outside the city, will be verified prior to issuance of building permits. BUILDING SAFETY TECHNICIAL CAPABILITIES The BPR team holds extensive experience and a proven track record of providing building official, plan review, building inspection, fire plan review and inspection, and permit technician services as needed in a cost-effective manner. Our Building Official services can be tailored to meet your specific needs and budget. Our plan review services focus on providing timely and thorough plan reviews with the goal of issuing code compliant plans so minimum code related issues occur during the construction process. We also work with design teams on major projects providing progressive plan reviews where we identify code compliance issues during the design process resulting in quick approval of the final construction documents. Our Building Inspectors and Permit Technicians are selected based on the needs of the communities we serve. We tailor our services to fit your specific needs. Our role and mission is to provide the following: ▪ A team of professionals with high-level experience and skills in successfully providing all building department services. ▪ Providing staff with a customer service focus and the knowledge and ability to apply building department policies and procedures uniformly and fairly. ▪ Promoting cooperation and partnership with other jurisdiction departments and outside agencies. ▪ Licensed Plan Review Engineers and/or ICC Certified Plans Examiners for thorough and timely plan review services. ▪ Progressive plan review services for major and unique projects. ▪ A high level of customer service to both internal and external customers. ▪ Adjusting service levels as required to meet your workload needs. ▪ Services in a cost-effective manner that remain within budget constraints. BUILDING PLAN REVIEW SERVICES All plans examination services will be performed by or under the direction of a licensed civil or structural engineer. For unusual or large projects, and when needed to meet aggressive schedules and peak workload demands, additional support will be provided by appropriately qualified staff. Our building offici als, plans examiners, and building inspectors maintain a working knowledge of applicable building codes and plan review Item 8.i. - Page 59 procedures. Our staff will use their experience and skills to promote efficient services on behalf of your department. Our staff will work with project applicants and designers in a collaborative and professional manner to quickly identify and resolve code compliance issues. Our Building Officials will collaborate with project designers to identify code compliant procedures to address complicated code issues. Our plans examiners will perform detailed plan reviews to provide complete and accurate construction documents to minimize questions and problems during the construction phase of projects. TECHNICAL PLANS EXAMINATION CAPABILITIES BPR’s staff possesses significant technical capabilities in all areas of plans examination, competency gained from years of experience providing these same services. All plans examiners are California Licensed Engineers or ICC Certified Plans Examiners with multiple years of experience providing plan review services. Our staff will conduct accelerated or project-specific, phased, plan reviews on an as-needed basis as requested by clients. Our plans examiners have a thorough understanding of code requirements, are able to read, understand and interpret construction documents, energy calculations, geotechnical reports, structural calculations, electrical load calculations, comissioning reports, and other associated design documents. Our plans examination staff have the ability to prepare well-written, plan review letters, communicate effectively orally and in writing and work effectively with jurisdiction staff, project design teams, contractors and permit applicants. Our plans examiners posess knowledge of the most current state adopted building standards. ARCHITECTURAL BPR’s non-structural plans examiners have provided plan review services for a vast array of projects including large residential, commercial, institutional, industrial, retail, and OSHPD 3 medical office buildings. Many of our plans examiners are CASp certified. Completed plan review projects range from single-story, residential projects to challenging smoke controlled high-rise buildings and numerous building additions and remodels. We are experienced and familiar with the use and application of the most current editions of the following model codes used for building design and construction: ▪ California Building Standards Code (Title 24) Parts 1 through 6 and 9 ▪ International Building Code (IBC) ▪ Americans with Disabilities Act Standards for Accessible Design ▪ ANSI Standards ▪ NFPA Codes & Standards ▪ CA Code of Regulations (CCR) Titles 19 and 25 ▪ Jurisdiction-Adopted Amendments or Ordinances Item 8.i. - Page 60 STRUCTURAL Our structural engineers have experience designing and reviewing all types of projects including residential, multi-family, commercial, and multi-story projects including mid-rise and high-rise projects, institutional projects, industrial projects, retail buildings, schools, medical office buildings and court facilities. Our structural engineers have experience designing and reviewing projects constructed with all building materials including the following: ▪ Wood ▪ Reinforced Masonry ▪ Heavy Timber / Timber Frame / CLT ▪ Reinforced and Prestressed Concrete ▪ Stressed Skin Panels ▪ Structural Steel ▪ Light Gauge Steel Framing ▪ Straw Bale ▪ Rammed Earth ▪ Insulated Concrete Forms, (ICF) Our engineers have designed or reviewed a wide array of structural lateral force resisting systems including: ▪ Structural steel moment frames ▪ Buckling-restrained braced frames ▪ Eccentric braced frames ▪ Concentric braced frames ▪ Concrete moment frames ▪ Wood shear wall systems ▪ Masonry shear wall systems ▪ Concrete shear wall systems ▪ Cantilevered column systems ▪ Pre-stressed and post-Tensioned Concrete ▪ Various proprietary lateral force resisting systems Our structural engineers and inspectors are experienced with the provisions of most model codes including current versions of the following codes and standards: ▪ CCR Title 24, Part 2, Volumes 2 & 2.5 ▪ International Building Code (IBC) ▪ AISC 341, 358 and 360 ▪ ASCE 7 ▪ ASCE 41 ▪ AISI Standards for Cold Formed Steel ▪ ANSI / AF&PA NDS for wood framing ▪ ACI 318 ▪ ACI 530 / TMS 402/602 ▪ CA Historic Building Codes ▪ CA Existing Building Codes ▪ NEHRP MECHANICAL, PLUMBING & ELECTRICAL BPR’s Mechanical and Electrical Engineers are well versed in the California Mechanical, Plumbing and Electrical codes. We will review submitted design documents to ensure compliance to the current edition of the following codes: ▪ California Building Code ▪ California Residential Code ▪ California Plumbing Code ▪ California Mechanical Code ▪ California Electrical Code ▪ Jurisdiction-adopted amendments Specialty plan review services may be provided utilizing the most current editions of national standards including the following: ▪ International Building Code ▪ International Residential Code ▪ International Mechanical Code ▪ NFPA Standards 20 for fire pumps ▪ NFPA Standards 72 for fire alarms ▪ NFPA Standards 99 for medical gases Item 8.i. - Page 61 ▪ International Plumbing Code ▪ NFPA Standards 13 for automatic fire sprinkler and supression systems ▪ NFPA 101 requirements for Existing Building ENERGY COMPLIANCE Our engineers and plans examiners are up to date on all California Energy Code requirements as they relate to both new and remodel construction for all project types. The Energy Efficiency Standards for Residential and Non-Residential Buildings were added to the CA codes in 1978 due to legislative mandates focused on reducing California's energy consumption. These standards continue to be updated to address new and innovative building components, systems, and equipment with the goal of having new and upgraded buildings be more energy efficient, comfortable for building occupants, and less reliant of fossil fuels. GREEN BUILDING STANDARDS BPR’s staff has a working knowledge of the proper incorporation of CALGreen building criteria into project designs and the resulting potential impact of these standards related to building code compliance and the environment. Our plans examiners will review project documents to verify compliance with adopted Green Building Code Standards as required by state law and local amendments and ordinances. ACCESS COMPLIANCE & CASp REVIEW All BPR CASp-certified professionals are knowledgeable of state and federal accessibility laws and regulations and possess the expertise necessary to promote access to facilities for persons with disabilities. Our staff are experts in the industry, maintaining appropriate certifications demonstrating their expertise, and are experienced providing services for building departments in a seamless manner balanced and in coordination with our client’s expectations and needs. We work collaboratively with our clients to address accessibility plan review and inspection related issues as efficiently as possible. Our plans examiners are fully trained and familiar with CA Building Code Accessibility requirements and ADA compliance requirements and are available for plan review and/or inspection services. We offer support to municipalities for compliance enforcement and/or developing transition plans. We can assist our clients in researching and providing interpretations of various specific issues related to access compliance including access compliance obligation, transition plan development, construction costs and phasing, and regulation interpretations. FLOOD ZONES BPR’s staff of engineers and plans examiners have experience in providing plan re views for projects located in flood zones and areas prone to flooding. BPR Consulting Group’s staff has provided numerous plan reviews for projects located in flood zones using FEMA’s Technical Bulletins as well as locally adopted ordinances. Additionally, members of our team have participated in state-sponsored committees to establish draft guidelines and building code requirements for projects planned in areas designated as severe flood zones. Item 8.i. - Page 62 OSHPD 2, 3 & 5 BPR Consulting Group’s staff of plans examiners and building inspectors have extensive experience providing plan review and inspection services for OSHPD 2, 3 and 5 projects. Our staff is well versed with the OSHPD 2, 3 and 5 requirements included in the California Building Code. Our inspection staff includes an OSHPD certified inspector with recent experience providing inspection services for hemodialysis, outpatient surgery, hyperbolic chamber, medical clinics, and acute psychiatric facilities. BUILDING INSPECTION SERVICES BPR building inspectors are qualified and appropriately ICC-certified to provide requested inspection services. Our inspection staff will perform inspection services to verify that the work of construction is in conformance with the approved project plans as well as identifying issues of non-compliance with applicable building codes. Our field inspection services will include inspection of all portions of projects including project sites as applicable. Our building inspectors will write legible and understandable correction notices, field reports and will be available to answer in-person, emailed, or telephone inquiries. All inspection personnel assigned will be ICC and/or CASp certified as required. We understand that many municipalities have amended code sections, policies and ordinances that impact the work that is inspected and shown on approved project plans. Our inspection staff will familiarize themselves with local requirements to ensure that the projects we are inspecting are compliant with local and current code requirements. Specifically, we will ensure compliance with the applicable provisions of the Title 24 California Building Standards Code, Parts 1 through 12, covering structural, fire prevention, life safety, disabled access, energy conservation, green building, plumbing, mechanical and electrical installations in residential, commercial, industrial, existing and historical buildings. BPR’s ICC/CASp certified inspectors have performed building inspection services on a wide variety of construction projects including master planned developments, single-family production, custom homes, commercial, manufacturing, institutional, assembly, essential service, industrial projects and historically designated buildings. When necessary for large or fast-paced projects, multiple inspectors can be made available. BPR’s inspectors will inspect projects to verify conformance with approved project drawings and specifications which will include review of the permit documents to verify that onsite conditions are consistent with the approved documents for size, setbacks, heights and other applicable requirements. At the completion of inspections, BPR’s inspectors will update database information, complete necessary forms and documents as required to provide seamless service. INSPECTOR QUALIFICATIONS & CERTIFICATIONS BPR will work with you to select appropriately qualified inspectors with applicable experience and specific code knowledge based on the types of projects assigned for inspection. All BPR Consulting Group inspectors are ICC- certified with many maintaining CASp certification. In addition, BPR employs OSHPD certified inspectors available for inspection of OSHPD designated facilities. Inspection personnel will have the ability to read, understand and interpret construction plans, truss drawings and calculations, prepare and maintain accurate records and reports, communicate effectively orally and in Item 8.i. - Page 63 writing and to work effectively with contractors, permit applicants, homeowners and agency staff. Inspectors will possess knowledge of approved and modern methods, materials, tools and safety used in building inspection and the most current building standards. Our inspectors are familiar with most of the common scheduling and tracking systems utilized by building departments and can quickly adapt to your systems and requirements. PERMIT TECHNICIAN SERVICES Knowledgeable and personable permit technicians are the first impression the public gets of your building department, and they play a critical role as to how your departments services are perceived. Permit technician services are crucial to the success of the entire building safety workflow within building departments. The ability to convey proper information to permit applicants, properly calculate permit fees, properly route plans to various departments for review, tracking approvals, database management and permit issuance are all critical to the success of your building department. We understand that the ability to deliver excellent customer service, maintaining a smooth flow of permit documents throughout departments, and maintaining accurate and up-to-date records, are all key elements to furnishing first-rate, efficient success of your building department. Our Permit Technicians will greet and work closely with the customers at the public counter or via telephone, answering questions and providing accurate information. Our Permit Technicians will provide information about permit applications, plan review and inspection requirements, will be organized and have the ability to maintain filing systems necessary for tracking permit applications, permits issued, plan checks in progress, approved project documents and any other records or information important to the efficient operation of your department. REDUNDANCY OF STAFF BRP Consulting Group has adequate staff to provide back-up should staff assigned to the City be away from work due to vacations or illness. We will assign staff with equivalent certification and skills as required to cover for the absent staff member. RESUMES Resumes for key staff and proposed staff are included in Appendix A. PROXIMITY AND STAFFING LEVELS OF BPR’S OFFICE BPR Consulting Group’s corporate headquarters are located in El Dorado Hills, California, however we have staff located through-out the Central Valley. Our Central Valley office is located at 1027 Central Place, Madera, CA 93637. BPR has a full complement of plan review, inspection, and permit technician staff to provide the services requested by the City of Arroyo Grande. Item 8.i. - Page 64 STATEMENT AND EXPLANATION OF REMOVAL OR DISQUALIFIED FROM PROPOSING ON A PROJECT BPG Consulting Group, nor BPR’s staff, have ever been removed from a project of disqualified from proposing on a project. It has always been our policy to provide services in a professional and transparent manner. It is our goal to bring value to projects by providing thorough, consistent and unbiased plan reviews and to work collaboratively with the City, applicant and design team for successful project outcomes. Our inspection staff provide thorough, consistent, and ethical inspection services. Our inspections are based on City approved documents and the California Building Codes with the local Jurisdictions amendments. LIST OF SERVICES PROVIDED BPR Consulting Group provides the following services  In-house Building Official services performed in the City’s office.  In-house plan review services performed in the City’s office.  In-house inspection services.  In-house permit technician services performed remotely or in the City’s office.  In-house administrative services performed remotely or in the City’s office.  Out-sourced building and safety plan review services which includes review of the fire & life safety, structural, mechanical, plumbing, electrical, accessibility, energy and green building provisions of the California codes and reference documents.  CASp inspection services.  CASp plan review services.  Specialized building code training.  Building department review and assessments.  Building Official coaching services.  Building condition assessments and reports.  Fire plan review and inspection services. Projects are reviewed and inspected for conformance with the California Fire Code, the California Building Code and adopted National Fire Protection Standards. Item 8.i. - Page 65 SECTION 3 WORK PROGRAM APPROACH TO WORKING WITH CITY STAFF Our in-house staff will provide the same level of service and curtesy to the public as to City’s staff. Our staff will have access to all City data and perform the required services in a seamless manner. Our proposed Building Official will meet with applicants to resolve issues and to ensure that the plan review and inspection services are being provided in a manner to expedite the construction process. Our Building Official will also manage all plan review, permit technician and inspection services to ensure that the Building Department if performing smoothly and efficiently. Our staff will work cooperatively with City staff to develop policies and procedures and develop informational documents explaining the intent and purpose of policies and procedures for the public’s use and information. BPR’s in-house staff will work in a collaborative manner with other City departments including Planning, Public Works, Finance, and the Tri-City Fire Department to help facilitate the approval and construction of building projects. Our primary goal is to work with the City’s constituents to ensure that the City’s policies, procedures and goals are met in a seamless, transparent manner. SERVICES OR DATA TO BE PROVIDED BY THE CITY BPR’s in-house staff will require access to the City’s permitting system “Citizen Serve” as well as access to archived permitting and/or plans or other documents as required to provide the requested services. BPR’s staff will need access to the City’s computer system, databases, and related office equipment. We also request that the City provide copies of the State adopted Building Codes and Municipal Codes for use by our in-house building safety staff. TRANSPORTING PLANS For paper submittal documents, we will arrange for all pick-up and delivery of the plan review documents from your office at no additional cost. We utilize specific methods for project document pick-up and delivery with the goal of providing same-day service. ELECTRONIC PLAN REVIEW BPR Consulting Group maintains an efficient cloud-based, electronic-document, submittal system for receiving and sending large electronic document files. Our electronic document portal utilizes a SharePoint system to allow permit applicants and client staff the ability to upload construction documents for our plan review services. We are also able to use Dropbox to share and collaborate with the City. BPR Consulting Group has provided electronic plan review services, serving building departments and other public agencies with efficient electronic plan review services. We are prepared to provide electronic plan check services for your community utilizing our Bluebeam electronic plan review system, or any electronic plan review system presently used by your department. Item 8.i. - Page 66 Recently we have worked with multiple California communities to transition them to electronic plan reviews. Our clients understand the benefits of electronic plan review, especially for projects with extensive project drawings and associated documents. Electronic plan reviews contribute to a reduction in paper waste by eliminating the need to print multiple copies of documents during the plan review process. We have had the opportunity to work with many different electronic plan review systems and our pr eferred system is Bluebeam, an industry-leading software used by many jurisdictions, design teams and contractors to review and annotate construction documents. We have worked with multiple clients to purchase and deploy Bluebeam software, develop jurisdiction-specific stamps, develop tools to increase efficiencies for electronic plan reviews, and participate and provide ongoing training on the use of the software. STANDARD PLAN REVIEW COMPLETION TIMEFRAMES We complete all plan reviews within the timeframes shown below for both commercial and residential projects as our standard business practice. We will accommodate any turnaround schedule agreed to with our clients. COMMUNICATING PLAN REVIEW RESULTS Plan review comments, when necessary, will be type written and refer to specific de tails, drawing or supporting document, and reference applicable code sections. BPR will provide a clear, concise, and thorough plan review letter itemized by specific discipline such as life safety, accessibility, structural, plumbing, mechanical, etc., that can be utilized by clients, designers, contractors, and owners to understand the noted defici ency and make necessary corrections to the project documents. At the completion of each plan review cycle, BPR Consulting Group will return a copy of the plan review comment list to the designated applicant and project representative. If requested, we will coordinate plan review re-checks directly with the designated project applicant. Upon completion of the plan review process, we will return completed plan review documents, in either hard copy or electronic format as needed, ready for final approval and permit issuance. We can provide expedited plan review services when requested. Project Type Maximum Turn Around Time (Business Days) Initial Submittal Backcheck Reviews Residential (Single Family) New Construction 10 5 Addition 10 5 Remodel 10 5 Non-Residential New Construction 10 5 Addition 10 5 Remodel, Tenant Improvement 10 5 Large, Complex Commercial or Residential Multi-Family Projects 15 10 Item 8.i. - Page 67 SECTION 4 FEE SCHEDULE As requested in the Request for Proposals our proposed fee schedule and billing rates are included separately. Item 8.i. - Page 68 APPENDIX A RESUMES Resumes for proposed staff are shown on the following pages: Item 8.i. - Page 69 BPR EDUCATION  Graduate Coursework in Structural & Geotechnical Engineering, California State University, Sacramento  BS, Civil Engineering, California State University, Chico  AA, Physical Science, Butte College, Oroville, CA PROFESSIONAL LICENSE & CERTIFICATIONS  CA Structural Engineer SE-3632  CA Civil Engineer CE-39404  NV Structural Engineer SE-019992  NV Civil Engineer CE-019992  National Earthquake Hazard Reduction Program Training  CA Construction Law Training International Code Council - 801789  ICC Certified Building Official  ICC Building Code Specialist  ICC Building Plans Examiner  ICC Building Inspector PROFESSIONAL AFFILIATIONS  San Joaquin ICC Chapter of Building Officials – Past President  Napa Solano ICC Chapter – Past President  Sacramento Valley Association of Building Officials – Multiple Term Board of Directors Member  CALBO Building and Fire Advisory Committee – Appointed Member  CALBO Structural Committee – Appointed Member RON BEEHLER, SE, CBO PRONCIPAL | DIRECTOR OF OPERATIONS Ron utilizes experience gained through more than 35 years of hands-on experience performing life safety, accessibility, and structural plan reviews to successfully manage building departments, building department services and high-profile building projects on behalf of public agencies throughout California. His experience includes establishing and coordinating on-site building department services for large, multi-building projects and unique, fast-paced development projects. Ron has served as Chief Building Official for multiple California public agencies including interim assignments. He has also provided building department assessments on behalf of municipal clients to identify inefficiencies and implement best practice improvements. Licensed as a Civil and Structural Engineer in California and Nevada, certified by the International Code Council as a Building Official, Code Specialist, Plans Examiner and Building Inspector, Ron is uniquely qualified to evaluate and manage all building department services. His background includes the position of Chief Building Official with the City of Sacramento directing a staff of 120 engineers, plan reviewers and building inspectors, Chief of Engineering Design and Construction for the California National Guard and Senior Structural Engineer with the Office of Statewide Health Planning and Development (OSHPD). Ron is dedicated to maintaining his knowledge of California building codes, laws and regulations related to building department operations. He frequently lectures and presents classes on technical topics on behalf of professional organizations including CALBO and multiple International Code Council Chapters throughout California and other western states. PROFESSIONAL HISTORY Principal | Director of Operations | BPR Consulting Group | 2021 - Present Ron manages client plan review and inspection services on behalf of BPR Consulting Group providing efficient services on behalf of multiple municipal clients. Director, Building Safety Services | Interwest Consulting Group | 2006 – 2021 Ron provided direct oversight of all Building Safety Services including coordination of all plan review and building inspection services, ensuring timely and responsive services. He worked with building officials for full- service clients to insure timely and efficient services. Ron also managed and provided direct oversight of plan review and inspection services for large, complicated and fast-paced projects on behalf of public agency clients. Chief Building Official | City of Sacramento | 2003 – 2006 Ron planned, directed, and managed activities for a 120-person building department with oversight responsibilities for construction inspections and plan review of 18,000 permitted projects annually. He planned, organized, Item 8.i. - Page 70 BPR administered, and evaluated staff work. Other duties included report writing and presentations to community groups, city council and professional organizations, and planning and administering a budget of $13.6 million. Supervising Engineer | Building Inspection Division | City of Sacramento | 2002 – 2003 Ron supervised plan review, managed plan intake and public counter functions for two regional permit centers, trained and mentored staff, met with architects and engineers to resolve building code related issues, coordinated plan review for hig h profile projects, and worked with field inspection supervisors and inspectors. Regional Compliance Officer, Senior Structural Engineer | CA State Office of Statewide Health Planning & Development | 1998 – 2002 Ron supervised regional hospital inspection program coordinating field inspection staff and approval of special inspection issues. He resolved complicated code related inspection issues, and reviewed plans, specifications, and structural calculations for healthcare facilities. Ro n consulted with architects and engineers to resolve complex code interpretation issues. He researched and investigated structural adequacy of building materials and manufactured products, and verified proper loads, forces, and materials for the design of buildings and equipment anchorage. Chief of Facilities Engineering | California National Guard | 1991 – 1998 Ron supervised and planned work for engineering design and project inspection staff, developed scope and budgets for projects, directed preparatio n of plans from preliminary design through working drawings, coordinated and approved project specifications and cost estimates, negotiated and approved project changes, coordinated inspection activities, resolved inspection disputes, represented National Guard/Military Department at public meetings, conducted plan review for projects designed by consultants, and presented design concepts and final designs. Associate Structural Engineer | CA State Office of Statewide Health Planning & Development | 1987 – 1 991 Ron reviewed construction plans and specifications for new hospitals and skilled nursing facilities for California Building Code and UBC requirements, met with architects and engineers to resolve plan review issues, reviewed field changes, investigated, and resolved construction conflicts and other admini strative duties. Associate Engineer Architect | Sacramento County Building Department | 1983 – 1987 Ron reviewed construction plans and specifications, and structural calculations for building code compliance, reviewed plans for residential, multi -residential, commercial, and industrial structures, and met with designers to resolve code issues related to commercial and residential structures. Item 8.i. - Page 71 BPR EDUCATION  BS, Civil Engineering, University of Wyoming PROFESSIONAL LICENSE & CERTIFICATIONS  CA Structural Engineer SE-3846  CA Civil Engineer CE-46096  ID Structural Engineer SE-8225  ID Civil Engineer CE-8225 PROFESSIONAL AFFILIATIONS:  Structural Engineers Association of Northern California (SEAONC) ROGER PETERSON, SE PRINCIPAL | STRUCTURAL ENGINEER With more than 34 years of experience in structural design and plan review, Roger brings considerable depth and knowledge to any project. Roger is a California Registered Structural and Civil Engineer who has designed and provided plan review services for multi-story steel and concrete-framed buildings, as well as one-story structures utilizing steel, concrete, timber, and masonry framing systems. His design experience includes schools, commercial and industrial projects, micro-chip production facilities, power plant installations and multi-family residential projects. Roger's expertise contributes to the success and safety of all projects. PROFESSIONAL HISTORY Principal | Structural Engineer | BPR Consulting Group | 2021 - Present Roger directs client plan review on behalf of BPR Consulting Group providing efficient services on behalf of multiple municipal clients. Senior Structural Engineer | Project Manager | Interwest Consulting Group | 2006 – 2021 Roger provided management for several of Interwest’s offices and special projects as well as performed structural plan review for commercial and residential construction for municipalities for various state and local agencies throughout California. In addition to providing structural plan review services, Roger was responsible for the production and performance of Interwest offices, including maintaining client relationships. His duties also included performing structural plan reviews for industrial, commercial, and residential projects. Senior Structural Engineer | Plans Examiner | Branch Manager LP2A | Bureau Veritas | CA | 1999 - 2006 Roger served as branch manager and lead structural plan reviewer for the Sacramento Area branch office. He was responsible for the production and performance of office including maintaining client relationships. His duties included performing structural plan reviews for industrial, commercial and residential projects. Project Engineer | Power Engineers, Inc. | 1999 Roger was a project design engineer for commercial and industrial-type projects. He provided structural design and construction administration services. Project Engineer | Office Manager | R2H Engineering, Inc . | 1998 - 1999 Roger was the office manager and project design engineer responsible for the structural design of commercial projects. Project Engineer | Rutherford & Chekene | 1995 - 1998 Roger was responsible for providing design and detailing for commercial and industrial type projects, including numerous projects in the micro-chip industry. Item 8.i. - Page 72 BPR Design Engineer | Project Engineer | DES Engineers & Architects | 1997 - 1995 Roger provided engineering design and detailing for commercial, institutional, corporate and residential building projects using wood, steel, concrete and masonry building materials. PROJECT EXPERIENCE Project Manager | Structural Engineer | Hollywood Park | Inglewood, CA | 2018 – 2021 Roger provided plan review services for this new, mixed-use development which included retail and office space with associated parking encompassing 28.5 acres. Project Manager | Structural Engineer | Nasa Ames Research Center | Moffett Field, CA | 2018 Roger provided structural plan review and project management of this 1.2 million square-foot development comprised of office, research, and development space. Project Manager | Structural Engineer | Monterey Park Hotel & Residence | Monterey Park, CA | 2017 – 2021 Roger provided plan review services and project management for this new, mixed-use hotel, condominium, and restaurant podium type building. Project Manager |Structural Engineer | Hatchet Ridge Wind Farm | Shasta County , CA | 20 09 - 2010 Roger provided project management , structural plan review and field inspections for this 101.2 MW power generating facility that consists of 44 – 2.3 MW wind turbines constructed along 9 miles of the ridge line on Hatchet Ridge near Burney, CA. Item 8.i. - Page 73 BPR EDUCATION  BS, Civil Engineering, California State University, Sacramento PROFESSIONAL LICENSES AND CERTIFICATIONS  CA Structural Engineer SE-4198  CA Civil Engineer CE-50673  NV Structural Engineer SE-18427  NV Civil Engineer CE-18427 PROFESSIONAL AFFILIATIONS  Structural Engineers Association, Northern California (SEAONC) BILL RODGERS, SE PRINCIPAL | STRUCTURAL ENGINEER Bill has more than 30 years of experience in the field of structural engineering, including more than 20 years of experience as a plan review engineer. His wealth of experience includes a varied and vast list of projects throughout California and Nevada. Bill is in demand for hands - on work within jurisdictions due to his great success in blending excellent engineering skills with responsive customer service. PROFESSIONAL HISTORY Principal Structural Engineer | BPR Consulting Group | 2021 - Present Bill directs client plan review on behalf of BPR Consulting Group providing efficient services on behalf of multiple municipal clients. Senior Structural Engineer |Plans Examiner | Interwest Consulting Group | 2006 – 2021 Bill performed structural plan review for commercial and residential construction for municipalities for various state and local agencies throughout California and Nevada. In addition to providing structural plan review services, he was responsible for the production and performance of Interwest offices, including maintaining client relationships. Bill’s duties also included performing structural plan reviews for industrial, commercial, and residential projects. Senior Structural Engineer | LP2A / Bureau Veritas | 2001 - 2006 Bill performed structural plan review for commercial and residential construction for municipalities for various state and local agencies throughout California and Nevada Structural E ngineer| Associate | DES Architects + Engineers | 1995 – 2001 Bill was responsible for the structural design of many projects throughout the Bay Area, including Pacific Shores Center in Redwood City, Moffett Corners in Sunnyvale, Carlmont High School in Belmont, and many other projects. Additionally, Bill oversaw the structural department of this architecture and engineering firm, and was responsible for staff development and work quality. PROJECT EXPERIENCE Project Manager/Structural Engineer | Judicial Council of California | State of California | 2010 – 2021 Bill provided project management and structural plan review services for new court buildings and court building upgrades throughout California. Most recently he provided services for upgrades to the Sonora courthouse, the new courthouse in Modesto and the new eighteen-story high-rise Sacramento Criminal Courthouse. Project Manager/Structural Engineer | Division of State Architect | State of California | 2016 – 2021 Item 8.i. - Page 74 BPR Bill provided project management and structural plan review services for new school buildings and school upgrades throughout California. Recent projects include Westmore Oaks Elementary School, Santa Maria High School and El Camino College District, New Behavioral Health and Social Science Building. Project Manager/Structural Engineer | University of California, Merced | 2020 Campus Expansion | 2017 – 2021 Bill ensured all plan reviews were completed within the agreed upon timeframes by leading weekly conference calls with the plan review and onsite team and regularly visiting the project site. Additionally, Bill provided structural plan review services for this expansive project. Project Manager/Structural Engineer | City of Berkeley | Berkel ey, CA | 2008 – 2021 Bill ensured all plan review services for the City of Berkeley were accurate and completed in a timely manner. Project Manager/Structural Engineer | Downtown Commons Tower | Sacramento, CA | 2016 – 2019 Bill served as the project manager for the plan review of this new 634,357 gross SF, 16-story, mixed-use tower located adjacent to the new Sacramento Kings Arena. The tower included office space for the team and area management, a 250-room hotel, 44-residential units and below grade parking. Item 8.i. - Page 75 BPR EDUCATION  BS, Business and General Management, San Francisco State University  AA, Business Administration, College of San Mateo  Coursework, Electrical Engineering California Polytechnic State University, San Luis Obispo CERTIFICATIONS International Code Council 8005399  ICC Certified Building Official  ICC Building Code Specialist  ICC Plumbing Inspector UPC  ICC Building Inspector  ICC Building Plans Examiner  ICC Plumbing Inspector MARK MEYERS, CBO, ICC BUILDING OFFICIAL  PROJECT MANAGER For 25 years, Mark served as a Building Official, Deputy Building Official, Building Inspector, Plans Examiner and Permit Coordinator for the City and County of Madera and the City of Clovis. He has implemented permit tracking software for multiple jurisdictions, prepared operating budgets and managed all facets of building department activities. He currently serves as an Inspection Manager, supervising inspection and clerical staff, for the UC Merced 2020 Project, helping to design and implement the inspection program to fit the University’s evolving needs. PROFESSIONAL HISTORY Building Official Project Manager  BPR Consulting Group  2016 – Present Mark provides Building Official services for several Cities and Counties throughout California. In addition, Mark provides supervision for inspection staff and clerical staff for the Cities and Counties where he works. Marks responsibilities also includes meeting with clients to insure that expectations are being met and maintaining client relationships. Inspection Manager  Interwest Consulting Group  2016 – 2021 Mark supervised inspection staff and clerical staff for the UC Merced 2020 Project, working with client staff for the design and implementation of the inspection program to fit the changing needs of UC Merced. Building Official City of Clovis2008 – 2015 Mark supervised 9 staff and was responsible for all building inspections. His duties included supervision and training of office staff and implementing new training programs for building inspectors. Mark designed and implemented a new computerized permit tracking and issuance program for the Planning and Development Services Department. This system included complete integration with the City’s well-developed GIS systems. All permit processing was done manually before new permit tracking system was implemented. The program interfaces with the Tax Collector and Assessor’s Office. Mark formulated a million-dollar budget and presented it annually. He worked regularly with the Fire, Planning, and Engineering Departments. Deputy Building Official City of Clovis  2006 – 2008 Mark supervised 14 staff responsible for building inspection processes and building permit fee revision. He trained office staff and implemented new training programs for building inspectors. Mark designed and implemented new computerized permit fees to better comply with state laws and to track time for each inspection type. Permit Coordinator County of Madera  2000 – 2006 Mark was responsible for all building inspection processes and coordinating building permit issuance. He performed all the duties of a Building Official, and supervised and trained a staff of 20 employees, as well as implementing new training programs for building inspectors. Mark designed and implemented a new computerized permit tracking and issuance program for the Resource Management Agency. Mark coordinated and supervised the remodel of a 37,000 square foot retail building into an office complex for the Resource Management Agency and moved four Item 8.i. - Page 76 BPR departments into one building. Mark’s duties allowed him to work regularly with the Environmental Health, Fire, Planning, Engineering and General Services, Public Works, Roads and Transportation Departments. Building Inspector  Plans Examiner  Acting Chief Building Official  City of Madera | 1991 – 2000 As a building inspector, Mark inspected residential and commercial buildings, and was responsible for enforcing all building codes per State and local codes. As a plans examiner, Mark regularly worked with the planning department. He formulated the budget for the Building Department and regularly presented staff reports to the City Council. He also did preliminary work on designing a computerized tracking program for the issuance of permits for the Building Department. Mark was eventually designated Acting Chief Building Official. PROJECT EXPERIENCE 2020 Project Expansion  University of California, Merced  2016 - Present Inspection Manager | Mark supervised inspection staff and clerical staff for the UC Merced 2020 Project, working with client staff for the design and implementation of the inspection program to fit the changing needs of UC Merced. Table Mountain Rancheria Friant, CA  2018 – Present Building Official | Mark served as the Building Official for the Table Mountain Casino and Hotel Expansion providing guidance to the Tribe for code alternatives and manages the inspection and plan review team for the project. Item 8.i. - Page 77 BPR EDUCATION  Building Codes and Plan Checks, Fresno City College REGISTRATIONS/CERTIFICATIONS International Code Council  ICC Commercial Building Inspector  ICC Residential Building Inspector  ICC Building Inspector INSPECTOR, ICC BUILDING INSPECTOR Our Inspector is an experienced Building Inspector with over 15 years on the job experience. He is skilled in residential/commercial electrical, framing, carpentry and plumbing. He is self-motivated and takes pride in work and completes jobs within given deadlines. He also possesses supervisory experience and leadership skills in the field. PROFESSIONAL HISTORY Building Inspector | BPR Consulting Group | 2021 – Present Our Inspector provides inspection services for multiple City and County jurisdictions throughout California in all phases of construction to ensure compliance with applicable codes. Building Inspector | Consultant | 2017 – 2021 He inspected projects in all phases of construction to ensure compliance with applicable codes for municipalities throughout California. Building Inspector | County of Fresno | 2014 – 2017 He inspected all phases of construction to assure compliance with pertinent codes, ordinances, and regulations as well as assisted contractors, architects, engineers, and the public with questions concerning construction code requirements and building permit processes. He investigated allegations of construction being performed without a building permit and issued field correction notices. He maintained inspection records and filed permits. He researched code sections/issues and disseminates information to staff and the public and reviewed technical reports associated with permits as required for completion of the inspection process. He also prepared reports and correspondence. Building Inspector | Code Enforcement Officer | City of Firebaugh | 2007 – 2017 He performed plan checks and permit processing as well as issue permits. He performed inspections for the Public Works Department and managed projects for the city, such as the remodeling for a new city hall. Building Inspector | D.R. Horton, Inc. | 2006 – 2007 He was responsible for scheduling trades and production of new homes. He worked with Trade Contractors and oversaw quality control as well as supervised the workforce to perform with high standards and quality results. He also monitored safety and state requirements such as SWPPP. Item 8.i. - Page 78 BPR EDUCATION  Masters in Human Resource Management, Specialization in Organizational Leadership, National University  BS, Psychology and Behavioral Health, Capella University  Liberal Studies, Concentration in History, California State University, Stanislaus CERTIFICATIONS  International Code Council Permit Technician ADDITIONAL COURSES & TRAINING  Administrative Human Resources  Human Resources Foundations  Human Resources: Job Structure and Design  Human Resources: Strategic Workforce Planning  Interviewing Techniques PERMIT TECHNICIAN, ICC PERMIT TECHNICIAN Our Permit Technician is an ICC certified Permit Technician with over 3 years of experience serving as a permit technician to multiple jurisdictions. She is experienced in providing customer assistance to the general public, processing documents and reports and routing information to the appropriate department and assisting in all facets of permit technician services. She possesses the ability to work with all levels of staff with an excellent degree of professionalism. Her in-depth knowledge of administrative processes translates to providing vital assistance to all consulting staff and the general public. She has the ability to think and work effectively under pressure, prioritizing tasks and meeting demanding deadlines. PROFESSIONAL HISTORY Permit Technician | BPR Consulting Group | 2021 – Present Our Permit Technician provides permit technician services for client throughout California. Primary responsibilities include providing administrative support to City staff and customer assistance to the general public. She also processes documents and reports and directs them to the appropriate department/person. Permit Technician | Consultant | 2018 – 2021 Primary responsibilities include providing administrative support to our consulting staff and customer assistance to the general public. Processing documents and reports and directs them to the appropriate department/person. See worked on a large UC project assisting in all facets of permit technician services. Regional Administrative Specialist | Central California Alliance for Health | 2018 As the regional administrative specialist, she coordinated, supported, and represented regional offices at internal and community meetings. She also prepared written reports and conducted project preparation including creating and producing presentation materials. She was responsible for document management, completing and distributing meeting minutes, creating forms, letters, policies and procedures. Researcher | Administrative Assistant | Olzack Healthcare C onsulting | 2015 – 2017 She created and implemented spreadsheets while working independently in the planning, development, and implementation of life care plans. She built and utilized digital tools and strategies to improve business processes while diligently researching and analyzing organizational needs. She also managed daily operational processes, medical insurance updates, reporting, staffing, and training. She effectively managed multiple projects simultaneously while maintain detailed records and met fast passed deadlines. She was a key liaison and communicator between attorneys and life care planners and is educated on HIPPA laws and CPT ICD-9/10 codes. Lead Medical Records Clerk | California Forensic Medical Group | 2013 – 2015 Efficiently organized documents in patients charts, requested patient records and scheduled appointments in accordance with all HIPPA and confidentiality regulations for 1,500 to 2,000 inmates. She analyzed and populated monthly statistics for executives and state officials and delivered efficient organizational work processes which Item 8.i. - Page 79 BPR established program goals and objectives. She also processed payroll, updated, and maintained employee personnel files and assisted with public health audits. Executive Assistant | Law Office of Casey Achison | 2012 – 2013 She effectively communicated and collaborated with all clients, attorneys, staff, and executive leaders. She supervised successful completion of records management and document preparation/ storage for legal briefs, court subpoenas, spreadsheets and office related letters. She produced all legal documentation for clients and courts and was responsible for all financial reports and billing for over 200 clients. Human Resource Manager | Alley Cat Guardian | 2010 – 2012 She executed all human resources management responsibilities for 15 employees. Strategized and communicated daily with board members to develop plans focused on exceeding organizational goals, increased company efficiency, monitored company programs and community outreach services. She compiled multiple spreadsheets, financial budgets, and daily reports for the Board of Supervisors. Item 8.i. - Page 80 BPR EDUCATION  Santa Rosa Junior College Santa Rosa Training Center  PC832 Arrest Course-1998  Butte College, Durham, CA Building Inspection Technology Program  University of Southern California 1974-75  Arizona State College, 1965-66 CERTIFICATIONS International Code Council, 0067020  ICC Plumbing Inspector UPC  ICC Mechanical Inspector UMC  ICC Combination Inspector-Legacy  ICC Combination Dwelling Inspector  ICC Building Plans Examiner  ICC Building Inspector  ICC Commercial Combination Inspector  ICC Electrical Inspector  ICC CA Commercial Building Inspector  ICC CA Commercial Electrical Inspector  ICC CA Commercial Plumbing Inspector  ICC CA Commercial Mechanical Inspector  ICC CA Building Plans Examiner  ICC CA Combination Inspector  ICC CA Residential Building Inspector  ICC CA Residential Electrical Inspector  ICC CA Residential Plumbing Inspector  ICC CA Residential Mechanical Inspector  ICC Mechanical Inspector  ICC Plumbing Inspector  ICC Residential Combination Inspector  IAMPO Mechanical Inspector | UMC- CA-30 BOB BERNA SENIOR PLANS EXAMINER Bob thoroughly understands the challenges modern building departments face having served as CBO for the City of Petaluma. He utilizes this unique knowledge in his approach to plan review and balancing the delivery of timely and accurate reviews while remaining responsive and approachable to the public. This valuable experience is also evident in that Bob specializes in working directly in-house for jurisdictions, having successfully served the cities of Roseville and Folsom. Bob is extremely skilled in all disciplines required to successfully bring projects to approval, having long-time experience with all types of residential and non-residential projects PROFESSIONAL HISTORY Senior Plans Examiner/BPR Consulting Group/2021 Reviews residential and non-residential plans for compliance with California Building, Plumbing, Mechanical, Electrical Codes, Energy Standards and California Accessibility Standards, state and local building codes, policies, amendments, and ordinances. Senior Plans Examiner/Interwest Consulting Group/2006 - 2019 Reviewed residential and non-residential plans for compliance with California Building, Plumbing, Mechanical, Electrical Codes, Energy Standards and California Accessibility Standards, state and local building codes, policies, amendments, and ordinances. Senior Plans Examiner/Bureau Veritas/2001-2006 Reviewed residential and non-residential plans for compliance with California Building, Plumbing, Mechanical, Electrical Codes, Energy Standards and California Accessibility Standards, state and local building codes, policies, amendments, and ordinances. Building Official/City of Petaluma/1999 -2001 Managed, directed, and coordinated the activities of the Building Inspection and plan review division including the enforcement of city & state codes. Plans Examiner, Building Inspector, Consultant Coordinator/City of Petaluma/1990 -1999 Reviewed residential and non-residential plans and structures for compliance. Plans Examiner, Building Inspector/Willdan Associates/1989-1990 Reviewed residential and non-residential plans and structures for compliance. Plans Examiner/City of Davis/1986-1990 Provided plan reviews for residential and commercial projects for compliance. Item 8.i. - Page 81 BPR EDUCATION  BSME, California Polytechnic State University, San Luis Obispo  Credentialed Instructor, Los Rios Community College District Campuses: Cosumnes River College, Folsom Lake College, & Sacramento City College PROFESSIONAL LICENSE & CERTIFICATIONS  CA Registered Mechanical Engineer, 31455  CA Registered Fire Protection Engineer, 2013  Certificate Fire Protection Engineering | University of California Davis Extension  Certificate in HVAC and Refrigeration | University of California Davis Extension PROFESSIONAL AFFILIATIONS:  American Society of Heating, Refrigerating & Air Conditioning Engineers  American Society of Mechanical Engineers  National Fire Protection Association  American Society of Plumbing Engineers DAVID CASTILLO, ME, FPE MECHANICAL ENGINEER / FIRE PROTECTION ENGINEER David brings more than 30 years of breadth, depth, and knowledge of mechanical engineering, design, and plan review to any project. A California licensed professional Mechanical Engineer and Fire Protection Engineer, his expertise encompasses HVAC, Plumbing, Medical Gases, and Fire Sprinklers. David’s background includes mechanical engineering, design, and plan review on Central Treatment Centers, Substance Abuse Treatment Facilities, Inpatient Mental Health Clinics, and Inmate Housing Units for the Department of Corrections. He has engineered and designed Acute Care Hospitals, Skilled Nursing Facilities, Surgery Clinics, Psychiatric Hospitals, Pharmaceutical Plants, Industrial Plants, Educational Facilities, and Hi-Rise Commercial Buildings. PROFESSIONAL HISTORY Senior Plan Review Engineer | BPR Consulting Group | 2021 – Present David performs mechanical engineering and fire protection engineering plan review services for BRP’s California clients. Senior Plan Review Engineer | Interwest Consulting Group | 2012 - 2021 David performed mechanical engineering and fire protection engineering plan review services for Interwest’s California clients. Senior Mechanical Engineer | State of California, OSHPD Group | 2001 - 2012 David performed plan checking of mechanical systems for hospitals, skilled nursing facilities, and surgery centers to ensure code compliance with the CBC, CMC, CPC and NFPA. Vice President | Technical Engineering Group, Inc. | 2000 - 2001 David responsibilities included acquiring new clients, maintaining existing clients and preparing proposals. He performed heating and cooling load calculations, laid out mechanical designs for central plant systems, chilled water systems, heating hot water systems and variable air volume systems for hospitals, prisons, and educational facilities. David performed in-house plan check of all projects, and served as the Engineer of Record for all projects. He is knowledgeable of CMC, CPC, CBC, NFPA and OSHPD. Project Manager / Lead Mechanical Engineer | Mazzetti & Associates | 1999 - 2000 David provided project management for all aspects of mechanical design on prisons, hospitals, pharmaceutical facilities, and office buildings. He was familiar with cGMP and all classes of clean rooms related to manufacturing facilities. Item 8.i. - Page 82 BPR Project Manager / Lead Mechanical Engineer | Interface Engineering, Inc. / 1997 - 1999 David was the lead engineer for the Mechanical Division of a Mechanical/Electrical engineering firm. He initiated and implemented the writing of a Project Management Procedures Manual for companywide use. David performed heating and cooling load calculations, layout of mechanical designs for central plant systems, chilled water systems, heating hot water systems, variable air volume systems, and write specifications. Mechanical Designer | Edward Rios & Associates | 1994 - 1997 David was responsible for all aspects of HVAC, process piping and plumbing design and drafting for a mechanical engineering firm. He performed heating and cooling load calculations using Trane Trace analysis software. Mechanical Designer | The Spink Corporation | 1991 - 1994 David was responsible for all plumbing and process piping design and drafting for the Mechanical Division of a 115-person multidisciplinary engineering firm. Drafting was done using AutoCAD Release 11. David’s primary responsibilities included running HVAC loads using Trane “Load 600” analysis program, Title 24 compliance, and field work for remodel/rehabilitation projects. Mechanical Designer / Estimator | Mark III Engineering Contractors | 1986 - 1991 David performed material takeoffs for plumbing and HVAC. He designed HVAC and plumbing for commercial projects. David priced out projects and submitted bids to general contractor. He also served as a project manager for field staff. Item 8.i. - Page 83 EXHIBIT C – INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy from CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage from CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant’s employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per occurrence. Item 8.i. - Page 84 Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designated to protect against acts, errors or omissions of the Consultant and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurer that are admitted carriers in the state California and with an A.M. Best rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its official employees and agents, using standard ISO endorsement No. CG 2010. Consultant also agrees to require all Consultants, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant’s employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all Consultants and subcontractors to do likewise. 3. All insurance coverage and limits provided by Consultant and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any Consultant or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. Item 8.i. - Page 85 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. The insurer will provide 30 days’ notice to City of any cancellation of coverage. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self- insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any Consultant, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Consultant’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At the time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self- insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increase benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. Item 8.i. - Page 86 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirements in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17. The provisions of any workers’ compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Item 8.i. - Page 87 22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Item 8.i. - Page 88