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HomeMy WebLinkAboutC-8507-1A - PSA for Staff Augmentation and Plan Review ServicesQ ,O 1P 03 PROFESSIONAL SERVICES AGREEMENT U WITH THE CODE GROUP, INC. DBA VCA CODE FOR STAFF AUGMENTATION AND PLAN REVIEW SERVICES THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 28th day of June, 2022 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and THE CODE GROUP, INC. DBA VCA CODE, a California corporation ("Consultant"), whose address is 1845 West Orangewood Avenue, Suite 200, Orange, California 92868, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide staff augmentation and plan review services ("Project"). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2025, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Nine Hundred Thousand Dollars and 00/100 ($900,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. The Code Group, Inc. DBA VCA Code Page 2 Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Bob Heinrich to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Community Development Department. City's Deputy Community Development Director/Chief Building Official or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work The Code Group, Inc. DBA VCA Code Page 3 conforms to the requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement (collectively, the "Indemnified Parties"), from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim, collectively, "Claims"), and which relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them, and/or if it is subsequently determined that an employee of Consultant is not an independent contractor. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. The Code Group, Inc. DBA VCA Code Page 4 10. INDEPENDENT CONTRACTOR 10.1 It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 10.2 Consultant agrees and acknowledges that no individual performing Services or Work pursuant to this Agreement shall: work full-time for more than six (6) months; work regular part-time service of at least an average of twenty (20) hours per week for one year or longer; work nine hundred sixty (960) hours in any fiscal year; or already be a CalPERS member. 10.3 Consultant must submit to and pass a criminal background investigation by providing a complete set of fingerprints to City prior to commencing or performing Services or Work. Consultant is required to submit any fees for the criminal background investigation according to the City's most current administrative fee schedule or successor document. Fingerprints may be required to be updated every five (5) years. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. The Code Group, Inc. DBA VCA Code Page 5 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's The Code Group, Inc. DBA VCA Code Page 6 expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. The Code Group, Inc. DBA VCA Code Page 7 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. The Code Group, Inc. DBA VCA Code Page 8 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Deputy Community Development Director/Chief Building Official Community Development Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Bob Heinrich The Code Group, Inc. DBA VCA Code 1845 W. Orangewood Avenue Orange, CA 92868 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the The Code Group, Inc. DBA VCA Code Page 9 event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. STANDARD PROVISIONS 28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 28.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 28.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to The Code Group, Inc. DBA VCA Code Page 10 this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 28.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] The Code Group, Inc. DBA VCA Code Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: (o /9 /?;7. in in C. Harp Attorney ATTEST: Date: 7, /'i MZZ By:I AXA Leilani I. City Cler (P4A oQjoal4L CITY OF NEWPORT BEACH, a California municipal corporation Date: By: evin Muld Mayor CONSULTANT: The Code Group, Inc. DBA VCA Code, a California corporation Date: G­ 3b• 2622. By: T4h*as Aa'n-orpe� E. Chief Executive Officer / Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements The Code Group, Inc. DBA VCA Code Page 12 EXHIBIT A SCOPE OF SERVICES 1. BUILDING PLAN REVIEW SERVICES Consultant shall provide building plan review services to assist the City's Building Division with timely and accurate plan check services for the following scope of plan check. Consultant shall provide consultants on staff. Consultant shall: • Review residential, commercial and industrial buildings for compliance with the City -adopted codes, including California Building and Residential Codes, Green Code, Mechanical Code, Plumbing Code, and Electrical Code; The City of Newport Beach Municipal Code; and State Energy Conservation requirements. • Provide one (1) Fire Plans Examiner to review fire code plans for residential, commercial and industrial projects, working off -site and attending meetings, as directed by the Fire Marshal. • Provide written notification to each applicant, consisting of a complete electronically -generated plan check letter, which outlines the documents reviewed, instructions to the applicant regarding the processing of documents, and a listing of plan check comments. The plan check comments will refer to appropriate sheets, details or calculations pages and the code section of concern. Comments shall specify the apparent code violation. • Be available, during regular business hours, to discuss and clarify plan check issues with applicants, designers, owners and consultants. Resolution of code issues may be performed by telephone, or meetings, prior to resubmitting corrected plans and documents. • Attend all required meetings as directed by the Chief Building Official. • Review soils report, for compliance with CBC, for the proposed scope of work. • Review grading plans to assure conformance with City codes, written policies and standard specifications and compliance with the recommendations, specifications and details contained in the submitted soils report and assure that all appropriate details are shown on the plans. Review quantity calculations to assure accuracy and completeness. • Review surveys, in accordance with City Policy. • Review Erosion Control Plans to verify erosion and sedimentation measures comply with the Best Management Practices per City standards. The Code Group, Inc. DBA VCA Code Page A-1 Turn -Around Schedule: Consultant shall complete each plan check, when not conducted in City Hall, within the time specified below: • First Check: Ten (10) working days from submittal by applicant • Subsequent Checks: Five (5) working days Qualifications: • Experience: Four years of experience checking building plans. • Training: Bachelor's degree from an accredited college or university with major coursework in civil engineering, structural engineering, or architecture. • License/Certificate: Possession of a valid California driver's license. Possession of State of California registration as a professional engineer or architect. Possession of an ICC "Building Plans Examiner" certificate. Possession of an ICC "Fire Plans Examiner" certificate for reviewing Fire code -based plans. • Additional Requirement: Members of the consultant team performing Building Plan Review services on -site, must successfully complete a thorough background review, including being fingerprinted by Newport Beach Police Department. • Supervision Received and Exercised: Consultant will receive direction from the Chief Building Official or his or her designee. • Hours of Work: Consultants assisting with Building Plan Review services shall be available during regular business hours. 2. BUILDING INSPECTION SERVICES: Consultant shall provide building inspection services to assist City staff with timely and accurate inspection services for the following scope of inspections. Consultant's personnel shall be required to report on -site at City Hall, as directed, and perform field inspections as assigned. • Provide up to two qualified building inspectors. The City needs up to eighty (80) hours of Contract Inspection Services per week. • Provide inspections of all requested inspections and re -inspections for compliance with City of Newport Beach Municipal Code and State codes and regulations: California Building Code, Residential Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code, Energy Code, Green Building The Code Group, Inc. DBA VCA Code Page A-2 Standards Code, Disabled Access Regulations, and Title 25; Mobile Home Parks regulations, State Water Resource Control Board regulations related to storm water pollution prevention; Sound Transmission Control regulations; and, locally adopted building ordinances and amendments thereof. • Consultant's personnel shall not be substituted without approval from the Chief Building Official. • Maintain all inspection records for all assigned projects, including correction notices and all documentation related to project inspections. • Coordinate all inspection and re -inspection requests as assigned. • Coordinate with the Principal Building Inspector, as appropriate, on discretionary decisions or requests for alternate materials. • Coordinate with the Principal Building Inspector on all Certificate of Occupancy to be sure that all applicable City regulatory agencies have approved the project. Qualifications: • Experience: Must have demonstrated work experience performing residential and commercial inspections on a variety of construction projects. Must have excellent customer service skills. • Training: Equivalent to completion of the twelfth grade. • License/Certificate: Possession of ICC certification as Combination Building Inspector. Possession of an appropriate valid California driver's license. • Additional Requirement: On -site members of the consultant team performing Building Inspection services must successfully complete a thorough background review, including being fingerprinted by Newport Beach Police Department. • Supervision Received and Exercised: Contractor receives general supervision from the Principal Building Inspector. • Hours of Work: On -site consultants assisting with Building Inspection services shall be available during regular business hours. 3. BUILDING PERMIT TECHNICIAN SERVICES: Consultant shall provide services to assist City staff with timely and accurate permit technician services for the following scope of permit technician services. Consultant's personnel shall be required to report on -site at City Hall as directed and perform permit technician work as assigned. The Code Group, Inc. DBA VCA Code Page A-3 • Provide one qualified permit technician. The City needs a full or part time Contract Permit Technician Services. • Consultant's personnel shall not be substituted without approval from the Chief Building Official. • Provide support and technical assistance at the public counter, over the telephone and via email; provide general information and assistance to the public regarding requirements for obtaining permits, zone clearances, and business license; • Assist in responding to requests for information from other departments and governmental agencies regarding the General Plan, Zoning Code, Local Coastal Program, and Subdivision Code; • Determine building valuations based on established standards; calculate and determine a variety of fees for plan checks, permits, taxes and sanitation district and school district charges; • Instruct applicants on correct procedures for completing required forms and applications, provide information regarding City, State and Federal regulations pertaining to building, planning, and public works activities; • Maintain recorded of plans and applications submitted; participate or direct the filing and routing of plans and permits to appropriate City departments and staff; • Coordinate the plan approval process between various City departments; refer applicants to appropriate City department or outside agency as necessary; • Notify applicants when plan or permits are ready for pick-up or issuance; provide status updates as required, • Follow-up on stop work orders and complaints; • Perform data entry and issue permits via the computerized permitting system; • Verify worker's compensation insurance and State contractor licensing; and • Perform related duties as assigned. • Coordinate with the Permit Technician Supervisor and attend all required meetings as directed by the Chief Building Official. The Code Group, Inc. DBA VCA Code Page A-4 Qualifications: i Experience: Must have demonstrated work experience performing permit technician work on a variety of construction projects. Must have excellent customer service skills. • Training: Equivalent to completion of the twelfth grade. • License/Certificate: Possession of ICC certification as Permit Technician. Possession of an appropriate valid California driver's license. • Additional Requirement: On -site members of the consultant team performing Permit Technician services must successfully complete a thorough background review, including being fingerprinted by Newport Beach Police Department. • Supervision Received and Exercised: Contractor receives general supervision from the Permit Technician Supervisor. • Hours of Work: On -site consultants assisting with Permit Technician services shall be available during regular business hours. The Code Group, Inc. DBA VCA Code Page A-5 City of Newport Beach RFP No. 22-45 Leadership. Service. Commitment. Building Plan Review and Inspection Services Code Cover Letter April 5, 2022 Attn: Shaun Tormey, Buyer City of Newport Beach Finance Department 100 Civic Center Drive Newport Beach, CA 92660 Subject: RFP No. 22-45 Building Plan Review and Inspection Services Dear Shaun Tormey: The Code Group, Inc. (VCA Code) is pleased to respond to the City of Newport Beach's Request for Proposal (RFP) for Building Plan Review and Inspection Services. In response, our proposal includes our understanding of the scope of work, statement of qualifications, organizational information, project approach/methodology, and references/recent project history. Required forms and cost proposal are separately attached. For plan review, the City will benefit from VCA's technically strong team of licensed Plan Check Engineers and ICC Certified Plans Examiners to assist with accurate and timely plan reviews. VCA maintains a team of sixteen (16) highly competent, in-house plan checkers that the City can rely upon for reviewing any type of structure. The Project Director for plan review will be Bob Heinrich, CBO, Principal & President. Mr. Heinrich brings over 30 years of code knowledge, technology, management, and building official experience to the City. With his unique background and expertise, Mr. Heinrich will not only ensure exceptional services but also offer the City any needed guidance For staff augmentation, the City will benefit from outstanding staffing services for the Building Division through a dedicated in-house recruiting team, well versed in the industry. With substantial success filling roles that satisfy both the agency and candidates' needs, our staffing department is ready to provide the City with competent and cooperative personnel. The Project Director for staffing will be Rick Bergin, a veteran recruiter with over 18 years of experience in talent acquisition and management. VCA has successfully placed Building Inspectors, Permit Technicians, Plans Examiners, Planners, Code Enforcement Officers, Building Officials, administrative staff, and more. VCA is financially stable, and we have always met our financial obligations on time. We have never been required to make a payment due to a claim against the firm. There is no pending litigation. This proposal shall remain valid for 180 days from date of submittal. Please do not hesitate to contact us with any questions or need for clarification. We appreciate your time in reviewing this proposal and look forward to the opportunity to serve the City of Newport Beach and its community. Sincerely, l emla 4n, Chief Executive Officer Cover Letter VCA Code 1 1845 W. Orangewood Ave., #210, Orange, CA 92868 1 714.363.4700 Leadership. Service. Commitment. Code Statement of Qualifications City of Newport Beach RFP No. 22-45 Building Plan Review and Inspection Services VCA's commitment to the City: The name VCA has been recognized in the industry for over 40 years, providing solutions in engineering, plan review, staffing, permitting, planning, code enforcement, and more. Today, the principals of VCA operate through the entity The Code Group, Inc. (dba VCA Code) which was incorporated in 2003. Serving 35+jurisdictions, VCA is ready and capable of providing quality plan check and staffing services as outlined in the RFP's Scope of Work. We will conform to the exact needs of the City of Newport Beach's community and are ready to behave as an extension of the City. Through our relationships with municipalities, we understand the frustrations with outsourcing work, and VCA's unique company organization allows us to alleviate the difficulties normally experienced when working with other consultants. Our plan check team can review any type of structure for residential, commercial, industrial, fire, and public projects, including highly technical projects such as hotels, medical facilities, libraries, student centers, performing arts centers, reservoirs, dealerships, and more. Residential includes SFD, MFD, affordable housing, mixed -use, podiums, wraps, custom homes, track homes, ADU's, room additions, remodels, pools, basements, bomb shelters, horse facilities, and more. We continually update an extensive library of all applicable and adopted building codes, modifying review standards to reflect the most recent code changes. The City can rely on VCA to conduct plan reviews in alignment with current standards. Our staff augmentation services include building inspectors, permit technicians, plans examiners, and more. VCA will only provide candidates that meet the City's minimum requirements including certifications and licenses. We will comply with all State and Federal employment laws as well as any City requirements including reference checks, fingerprints, background checks, etc. Our recruiting team is dedicated to bringing the best candidates for the job when the City needs them. All of our staff will perform as an extension of the City and interface with the public in a polite and courteous manner. They understand that they wear two hats — one for the City and one for VCA. Types of Review Include: ✓ Full Building ✓ Structural ✓ Mechanical ✓ Electrical ✓ Plumbing ✓ Fire ✓ Grading/Drainage ✓ Green ✓ Disabled Access ✓ And more! Available Staff Include: ♦ Building Inspectors ♦ Permit Technicians ♦ Building Plans Examiners ♦ Fire Plans Examiners ♦ Code Enforcement ♦ Fire Inspectors ♦ CASp Professionals ♦ Sustainability Experts ♦ And more! Other municipalities rely on VCA because we deliver excellent services within tight deadlines at a reasonable cost. Unlike competitors, VCA staffs a core in-house team of plan checkers and dedicated recruiters. Our plan check team ensures corrections stay consistent and the whereabouts of assigned plans are easily tracked. By keeping progress and deadlines transparent, our team is able to meet the City's expectations while maintaining quality of work. We are experienced in working with the types of applicants and projects in the City of Newport Beach. VCA employees value customer service and have worked with seasoned contractors, first-time owner builders, and everyone in between. Statement of Qualifications VCA Code 1 1845 W. Orangewood Ave., #210, Orange, CA 92868 1 714.363.4700 City of Newport Beach RFP No. 22-45 Leadership. Service. Commitment. Building Plan Review and Inspection Services Code ♦ Familiarity with City Not only do we have city clients of similar size and density, VCA currently performs plan review and staffing services for the City as well as employs former Newport Beach, Building Division staff. We possess extensive experience working with beach communities and intimately know unique aspects such as coastal soils, seawalls, and corrosion. Additionally, our staff knows how to handle the types of affluent clientele and unique project demands that the City receives. Our team enjoys working with the Newport Beach staff and constituents, and we will continue using our knowledge of the City and community to provide unrivaled services for the Building Division. Our skilled team of plan checkers, building inspectors, permit technicians, and more are ready to serve the City and all stakeholders. ♦ Dedicated In -House Recruiters Our recruiting team is devoted to handling all staffing needs for the City, resulting in qualified contract staff at a quick turnaround. With our breadth of hiring resources, industry experience, and uniquely collaborative approach, VCA recruiters are able to prioritize compatibility and skills when presenting candidates to the City. We value open communication and will keep the City updated on progress. ♦ Working with City Staff and Constituents With staff consisting of former building officials and public employees, our team will have no issues working closely and collaboratively with the City and its associates. Our knowledge of the codes paired with understanding of the industry allows us to articulate even the most intricate of codes in a concise and digestible manner. Fostering relationships with municipal staff is important to VCA, and we believe in aligning our processes with the City rather than imposing our own, resulting in strong rapport and a harmonious working relationship. We are happy to make any adjustments to better serve the City. Additionally, our team will respond to any inquiries within 24 hours, and any urgent matters will be handled ASAP. ♦ Electronic Resources Experts in software programs and digital plan review, our team is skilled in government permitting programs like Intergov and Accela and also PDF editing software such as Bluebeam and Adobe. Our knowledge allows us to be flexible and adaptable to any systems the City utilizes. The City can comfortably rely on VCA for any technological assistance as Bob Heinrich previously held the position of Director of Technology for ICBO/ICC with an understanding of technology across the United States. In the past, we assisted cities in the set-up and implementation of electronic plan review processes and helped municipal staff with training and best practices with software programs. Our relationship with software vendors gives cities options in technology without a large investment in time or finances. We are open to assisting the City in technological needs and migration. Statement of Qualifications VCA Code 1 1845 W. Orangewood Ave., #210, Orange, CA 92868 1 714.363.4700 M � Leadership. Service. Commitment. Code Organizational Information City of Newport Beach RFP No. 22-45 Building Plan Review and Inspection Services VCA's roots trace back to the code consulting firm founded by Dan VanDorpe, PE, CBO in 1979, nearly 43 years ago. VCA's executive team, and many of our employees, are licensed professional structural and civil engineers and ICC certified plan examiners with extensive code knowledge and experience. We've developed a reputation for providing plan review and contract staffing while effectively articulating our knowledge of the codes to a wide range of applicants. • The Code Group, Inc. dba VCA Code is a California Corporation managed by Tom VanDorpe, SE, CEO. ♦ Principal Place of Business: 1845 W. Orangewood Ave., Suite 210, Orange, CA 92868 with more than 15,000 SF including a large area for training activities and meetings. ♦ Additional Office: 1111 Broadway, 3rd Floor, Oakland, CA 94607 ♦ Size and Growth: With 153 employees, the firm consists of licensed structural and civil engineers; and ICC certified individuals such as plans examiners, building officials, building inspectors, permit technicians, code enforcement officers, and AICP Planners ranging from City/Principal, Senior, Associate, & Planning Technicians. We have the capacity and resources to support the City in plan review and staffing services. ♦ Serving 35+ California Jurisdictions: VCA has built a solid reputation based on integrity, service, code knowledge, and experience. Our cities rely on our services. ♦ Financial Stability: VCA is financially stable, and we have always met our financial obligations on time. A copy of our latest financial statement is available for review upon request. We have two million dollars in E&O insurance and have never been required to make a payment due to a claim against the firm. There is no pending litigation. Organizational Information VCA Code 1 1845 W. Orangewood Ave., #210, Orange, CA 92868 1 714.363.4700 City of Newport Beach RFP No. 22-45 Leadership. Service. Commitment. Building Plan Review and Inspection Services Code VCA is pleased to introduce our professional team ready to support the Building Division. The City will be in great hands with Bob Heinrich, CBO, Principal/President and Rick Bergin, Director of Staffing. Mr. Heinrich and Mr. Bergin will be the primary points of contact for service requests. Bob Heinrich, CBO President & Principal (Primary Contact) As the former Building Official of the City of Anaheim and past CEO/COO of ICC and ICBO, Mr. ♦ ICC Certified Building Heinrich brings over 30 years of extensive industry Official and code knowledge. He brings a wealth of ♦ Former CEO/COO of successful management experience, efficiency ICC and ICBO expertise, and resources for the City to utilize. Bob ♦ BS Civil Engineering manages a team of in-house plan checkers organized to ensure accurate and complete plan review using City adopted Codes and Ordinances. Rick Bergin Director of Staffing (Key Contact) With over 18 years of experience in recruiting, ♦ Former Director of placement, and staff development, Mr. Bergin Talent Acquisition knows the ins and outs on how to find and manage ♦ Former Business talent all within a budget. He has developed Development & strategic programs and initiatives and, in the past, Branch Manager filled 120+ positions in one year. With a ♦ Former Director of collaborative approach, Mr. Bergin and the VCA Recruitment recruiting team will ensure the City's staffing needs are met. The assigned staff to perform the services outlined in the RFP are listed below. Note: should any alternate staff be needed, VCA has a steady pipeline of inspectors, permit technicians, plans examiners, code enforcement officers, etc. to serve the City. Director of Plan Check • Registered Civil Engineer C-66754 Hue Luu, PE Services / Sr. Plan • ICC Certified Plans Examiner. ICC-0863153 30 Check Engineer • BS Architecture & Design, CSU Long Beach • Former CBO of Newport Beach Deputy Director of • ICC Certified Building Official, Plans Examiner, Samir Ghosn, PE Plan Check Services / Sr. Plan Check Residential Fire Sprinkler Inspector/Plans 35 Engineer Examiner • MS Civil Engineering, CSU Long Beach 6 Organizational Information VCA Code 1 1845 W. Orangewood Ave., #210, Orange, CA 92868 1 714.363.4700 Leadership. Service. Commitment. Code Daniel Kennedy, AIA Suzanne Kusik, PE Brett Kaufmann, SE Peter Le, SE Ramon Rubio, SE Gary Hawken, CBO Sr. Plans Examiner/ Architect / CASp / Inspector Sr. Plan Check Engineer & OSHPD-3 High -Rise Structural Plans Examiner Structural Plans Examiner Structural Plans Examiner CBO / Plans Examiner / Combination Inspector Jonathan Gulliver, Plans Examiner/ AIA Architect Nasrin Sesar Shawn Dalipe Plans Examiner Plans Examiner City of Newport Beach RFP No. 22-45 Building Plan Review and Inspection Services • Licensed CA Architect #C25762 • California Accessibility Specialist DSA/AC #CASp 198 • Safety Assessment Program #SAP50982 • ICC Certified Building Official, Building Plans Examiner, Building Inspector, and Combination Single Family Inspector • Registered Civil Engineer C-61153 • CBO — ICC 1015736 • ICC Building Plans Exam. ICC-1015736-133 • BS Civil Engineering, CSU Long Beach • Registered Structural Engineer S-3939 • Registered Civil Engineer C-46685 • MS Structural Engineering, UCLA • BS Civil Engineering, UCLA • Registered Structural Engineer S-4726 • Registered Civil Engineer C-60684 • BS Civil Engineering, UC Irvine • Registered Structural Engineer S-6480 • Registered Civil Engineer C-80580 • MS Earthquake/Structural Engineering, UCLA • BS Structural Engineering, UCSD • ICBO/BOCA Certified Building Official • ICC Certified Building Code Official • ICC/AACE Code Enforcement Administrator • CA Building Plans Examiner • CA Combination Inspector • AIA Licensed Architect C-20658 • NCARB Certification 48958 • LEED AP Accredited • BA Architecture, Cal Poly Pomona • ICC Certification: 8261522 • Building Plans Examiner • CALGreen Inspector/Plans Examiner • ICC Certified Plans Examiner 8959728 • E.I.T.15-498-61 • BS Civil Engineering, UC Irvine 30 25 25 28 12 30 25 30 7 7 Organizational Information VCA Code 1 1845 W. Orangewood Ave., #210, Orange, CA 92868 1 714.363.4700 Leadership. Service. Commitment. Code City of Newport Beach RFP No. 22-45 Building Plan Review and Inspection Services Building Inspector & • ICC: Residential, light Commercial and Industrial, Jack Kuwitzky Plans Examiner, MEPs, TI's, and plan review 10 Disaster Assistance • CA DSW Coordinator-ICC 81965402 • Historical building inspection • Registered Mechanical Engineer M-38690 Kontay Sexton, PE Mechanical / Energy • MBA Renewable Energy Focus, BHT Berlin 20 Engineering Services • MS Mechanical Engineering, UMD College Park • BS Mechanical Engineering, NCSU • Bachelor of Science, Columbia Southern Fire & Building University, Fire Science Robert Salgado Inspector / Sr. Plans • Fire Inspection Academy 30 Examiner • Fire Safety Engineering Certificate • ICC Certified Fire Plans Examiner, Fire Inspector I & II, Building Inspector • ICC Commercial Combination Inspector, Fire & Building Electrical, Mechanical, Plumbing, & more Moises Eskenazi Inspector / Sr. Plans • AA Construction Technology, Pasadena City 25 Examiner College • ICC-842211 • ICC Building Inspector, Plans Examiner — 863360 • Post Disaster Training Certified Danny Rodriguez Sr. Building Inspector • NPDES Inspection Certification 30 • Orange Coast College, AA Architectural Technology and Construction • ICC Combination Residential Building Inspector (131, M1, E1, P1) Steven Hartmeyer Combination Building • Plan review for residential, commercial, solar PV, 20 Inspector and EV charging stations • Lead Inspector for commercial, residential, institutional construction projects Donna Ducharm- Greek Permit Technician • ICC Certified Permit Technician 8750096 7 Kathy Mahboubian Permit Technician • ICC Certified Permit Technician 8004785 12 Individual resumes for staff can be found in Appendix A. Subcontractors: No subcontractors have been assigned. Should any be needed in the future to fulfill tasks for the City, VCA will proceed with the proper notification and procedures. 8 Organizational Information VCA Code 1 1845 W. Orangewood Ave., #210, Orange, CA 92868 1 714.363.4700 M � Leadership. Service. Commitment. Code Project Approach/Methodology City of Newport Beach RFP No. 22-45 Building Plan Review and Inspection Services With a team of licensed professional/structural engineers, ICC plans examiners, ICC fire plans examiners, ICC building inspectors, and ICC permit technicians, VCA is highly capable of performing all services requested in the Scope of Services. Scope of Services VCA has read the Scope of Services and agrees that in carrying out responsibilities under this agreement, and in particular with regard to the employment of persons and sub -Consultants working on the contract, we will not discriminate on the basis of race, color, creed, national origin, religion, sex, age, or handicap. In the event any of the work performed here under is subcontracted to another person or firm (with approval of the City as required herein), sub -contract shall contain a similar provision. VCA will ensure individuals will not work: • more than 960 hours a year at the City; • full-time for more than six (6) months; • regular part-time service of at least twenty (20) hours per week for one year or longer; VCA will ensure we maintain control of the manner and means of individual's work schedules; and we will ensure individuals, working on City projects, understand they do not work for the City and there is no employee/employer relationship. VCA will provide personnel that meet the required qualifications, certifications/licenses, and knowledge to perform the following services: Section A: Building Plan Review Services • Review residential, commercial and industrial buildings for compliance with the City -adopted codes, including California Building and Residential Codes, Green Code, Mechanical Code, Plumbing Code, and Electrical Code; The City of Newport Beach Municipal Code; and State Energy Conservation requirements. • Provide one (1) Fire Plans Examiner to review fire code plans for residential, commercial and industrial projects, working off -site and attending meetings, as directed by the Fire Marshal. • Provide written notification to each applicant, consisting of a complete electronically -generated plan check letter, which outlines the documents reviewed, instructions to the applicant regarding the processing of documents, and a listing of plan check comments. The plan check comments will refer to appropriate sheets, details or calculations pages and the code section of concern. Comments shall specify the apparent code violation. • Be available, during regular business hours, to discuss and clarify plan check issues with applicants, designers, owners and consultants. Resolution of code issues may be performed by telephone, or meetings, prior to resubmitting corrected plans and documents. • Attend all required meetings as directed by the Chief Building Official. • Review soils report, for compliance with CBC, for the proposed scope of work. • Review grading plans to assure conformance with City codes, written policies and standard specifications and compliance with the recommendations, specifications and details contained Project Approach/Methodology VCA Code 1 1845 W. Orangewood Ave., #210, Orange, CA 92868 1 714.363.4700 City of Newport Beach RFP No. 22-45 Leadership. Service, Commitment. Building Plan Review and Inspection Services Code in the submitted soils report and assure that all appropriate details are shown on the plans. Review quantity calculations to assure accuracy and completeness. • Review surveys, in accordance with City Policy. • Review Erosion Control Plans to verify erosion and sedimentation measures comply with the Best Management Practices per City standards. Turn -Around Schedule: VCA will complete each plan check, when not conducted in City Hall, within ten (10) working days for the first check and five (5) working days for subsequent checks. Section B: On -Call Structural Review • Provide on -call plan review of complex structural design for conformance to the latest adopted codes and standards. • Provide written notification to each applicant, consisting of a complete electronically -generated plan check letter which outlines the documents reviewed, instructions to the applicant regarding the processing of documents, and a listing of plan check comments. The plan check comments will refer to appropriate sheets, details or calculations pages and the code section of concern. Comments shall specify the apparent code violation. • Be available during regular business hours to discuss and clarify plan check issues with applicants, designers, owners and consultants. Resolution of code issues may be performed by telephone, or meetings prior to resubmitting corrected plans and documents. • Attend all required meetings as directed by the Chief Building Official. • Turn -Around Schedule: VCA will complete each review, off site, within ten (10) working days for the first check and five (5) working days for subsequent checks. Section C: Building Inspection Services • Provide up to two qualified building inspectors performing up to eighty (80) hours of Contract Inspection Services per week. • Provide inspections of all requested inspections and re -inspections for compliance with City of Newport Beach Municipal Code and State codes and regulations: California Building Code, Residential Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code, Energy Code, Green Building Standards Code, Disabled Access Regulations, and Title 25; Mobile Home Parks regulations; State Water Resource Control Board regulations related to storm water pollution prevention; Sound Transmission Control regulations; and, locally adopted building ordinances and amendments thereof. • Personnel will not be substituted without approval from the Chief Building Official. • Maintain all inspection records for all assigned projects, including correction notices and all documentation related to project inspections. • Coordinate all inspection and re -inspection requests as assigned. • Coordinate with the Principal Building Inspector, as appropriate, on discretionary decisions or requests for alternate materials. • Coordinate with the Principal Building Inspector on all Certificate of Occupancy to be sure that all applicable City regulatory agencies have approved the project. 10 Project Approach/Methodology VCA Code 1 1845 W. Orangewood Ave., #210, Orange, CA 92868 1 714.363.4700 Leadership. Service. Commitment. Code Section D: Building Permit Technician Services City of Newport Beach RFP No. 22-45 Building Plan Review and Inspection Services C Provide one qualified permit technician. The City needs a full or part time Contract Permit Technician Services. • Personnel will not be substituted without approval from the Chief Building Official. • Provide support and technical assistance at the public counter, over the telephone and via email; provide general information and assistance to the public regarding requirements for obtaining permits, zone clearances, and business license; • Assist in responding to requests for information from other departments and governmental agencies regarding the General Plan, Zoning Code, Local Coastal Program, and Subdivision Code; • Determine building valuations based on established standards; calculate and determine a variety of fees for plan checks, permits, taxes and sanitation district and school district charges; • Instruct applicants on correct procedures for completing required forms and applications; provide information regarding City, State and Federal regulations pertaining to building, planning, and public works activities; • Maintain recorded of plans and applications submitted; participate or direct the filing and routing of plans and permits to appropriate City departments and staff; • Coordinate the plan approval process between various City departments; refer applicants to appropriate City department or outside agency as necessary; • Notify applicants when plan or permits are ready for pick-up or issuance; provide status updates as required; • Follow-up on stop work orders and complaints; • Perform data entry and issue permits via the computerized permitting system; • Verify worker's compensation insurance and State contractor licensing; and • Perform related duties as assigned. • Coordinate with the Permit Technician Supervisor and attend all required meetings as directed by the Chief Building Official. Approach Our extensive experience, capabilities, and total quality management control processes are a multi -layer approach. VCA will ensure proper staff allocation and placement through working closely with City staff and understanding the requirements set forth. Located nearby in Orange County, our project team is readily available for telephone or in -person meetings at the City. All VCA employees and contract staff will behave in a professional manner while conducting their duties and working with the public and the City. VCA brings the experience and success of working with multiple jurisdictions while providing high quality work through the following: Compliance with all City Policies and Procedures: Our employees will adapt to all City processes, mitigating conflicts that could arise from working with a consultant. Unlike competitors, our goal is to provide the City with solutions rather than cause more headaches. We are willing to come to the City to learn any software programs, systems, or other processes to better serve the City. In -House Experts: With a core team of plan checkers and recruiters working directly out of VCA's Orange County office, applicants and city staff will benefit from quick issue resolution. While many consultants have dispersed organizations, VCA's staff, President, and CEO work directly with the 11 Project Approach/Methodology VCA Code 1 1845 W. Orangewood Ave., #210, Orange, CA 92868 1 714.363.4700 City of Newport Beach RFP No. 22-45 Leadership. Service. Commitment. Building Plan Review and Inspection Services Code City to handle any matters with no cause for delay. • Professional Development Training: VCA's leadership values employee development and supports career advancement through paid training and continuing education. • Staffing Commitment: VCA commits to providing a team with relevant work experience based on City needs. Should a change in personnel be required, VCA will comply with City requirements and seek written consent of the City, including sub -consultants. • Code Library: VCA continually updates an extensive library of all applicable and adopted building codes and reference standards; and modifies and upgrades review standards to reflect code changes and guarantees that plan reviews are in alignment with the current standards. • Industry Associations: VCA has a long-standing participation and technical involvement with the International Code Council (ICC), ICC Orange Empire Chapter, ICC Los Angeles Basin Chapter, CALBO, Structural Engineers Association of California (SEAOC), International Association of Plumbing and Mechanical Officials (IAPMO), and others. These resources and relationships can be utilized for research, thought leadership, and needed information to support VCA's activities for the City. Open Communication: VCA's office hours are 8:00 a.m. to 5:00 p.m. however, our staff will be available during the hours convenient forthe City. We will proactively communicate with City staff, applicants, and attend meetings as necessary to improve the progress of work. VCA will provide emphasis, understanding and special attention to assigned projects while maintaining work quality, meeting deadlines, and staying within budget. Our employees know they must return phone calls and emails ASAP or within 24 hours. VCA effectively utilizes a cross-reference program that ensures ongoing communication, so if an employee is out of the office, they must notify their counterpart, to be aware of the status of any issue. In addition, the City may rely upon both Bob Heinrich and Rick Bergin, who are available 24/7 to assist the City. Methodology Unlike competitors, VCA has a core in-house team of sixteen (16) plan checkers to ensure the City receives consistent and timely corrections. These individuals consist of ICC Certified Plans Examiners and licensed professional and structural engineers. They will review each project to meet all requirements of the California Code Regulations (CCR Title 24), including, but not limited to: structural, architectural, mechanical, electrical, plumbing, fire, CASp, grading and drainage, civil, sustainability (Energy and Green Building Codes), geotechnical services, flood zone, liquefaction, storm water, OSHPD-3, ADA, and more. 1. Beginning with the end in mind: Accurate and thorough plan review coupled with on -time delivery is our goal. To save time, VCA employs a full-time Plan Check Client Services Manager and coordination staff. This individual is a 25-year veteran Permit Technician who opens each set of plans to review for completeness and ensures all documents and reports are included. If portions 12 Project Approach/Methodology VCA Code 1 1845 W. Orangewood Ave., #210, Orange, CA 92868 1 714.363.4700 Leadership. Service. Commitment. Code City of Newport Beach RFP No. 22-45 Building Plan Review and Inspection Services are missing, she immediately notifies the City to attain any outstanding documents. Each plan is entered into our proprietary plan tracking system and assigned out to a plans examiner. 2. QC & QA: Our Director of Plan Check, Mr. Hue Luu and Deputy Director of Plan Check, Mr. Samir Ghosn, are well-known in the industry, and their expertise is unparalleled. Mr. Luu and Mr. Ghosn conduct oversight to ensure corrections are accurate and complete. This control and quality assurance ensures plans are thoroughly reviewed, concise, and based on the most current codes and regulations. Mr. Luu and Mr. Ghosn are key assets for VCA and the City. 3. Meeting Turnaround Times: VCA will comply with the City's turnaround times, and we are happy to work with the City on any unique circumstances. With our proprietary tracking software and centralized personnel, the progress and whereabouts of plans are transparent resulting in efficient time management and in-house collaboration on technical topics. VCA recognizes timelines may require adjustment due to factors such as scope size and intricacy in order to uphold customer satisfaction, in which case VCA will attain proper approval from the City. Standard Plan Review 10 working days 5 working days 5 working days Expedited Review (1/2 Time) 5 working days 5 working days 5 working days Important Notes: 1. All turnaround times may be negotiated depending on size of scope. 2. VCA Code will comply with all local amendments provided by the City. 3. VCA will provide plan review services expeditiously based on City requests. 4. Recheck Procedure: Plans returned for second and/or third reviews are typically given to the original plan reviewer. The benefits are threefold: 1) their familiarity with the project saves time and money in approving corrections, 2) this helps expedite the review process for applicants, and 3) conversations with applicants are more consistent. 5. Virtual Awareness: VCA created a virtual board, similar to a flight status board at airports to openly display all plans, due dates, and progress. This board is monitored by all plan checkers, our manager, and the Plan Check Director. Today Is Total Plans in House: Al,,m, t_mp Sub a' Plan ID PC Numbei Job Address Rec'vd Due Days Till Due MON NS 334769 2021-343 361 Norumbega 11/8 11/15 LB GH 1 34839.... BRMD263... 3360 E 68th St 11/8 11/15 LB GH 1 34840.... BRMD263... 3360 E 68th St 11/8 11/15 COR SD 135403 B21-04375 810 Ford Street 10/28 11/15 COR SD 1 35404 B21-04362 810 Ford Street 10/28 11/15 MB NS 135229 BLDR-21-... 1530 9th St 10/1 11/15 WHO JK 235294 E21-0369 9041 Nemo St 11/8 11/16 7 WHO JK 235295 M21.0270 9041 Nemo St 11/8 11/16 7 6. Tracking Plans: Pertinent data is entered into our custom tracking system and a barcode is generated, allowing VCA to monitor plan check activities, the number of reviews, the number of hours, fees, and add any information received from the City or applicants. Any requested data is easily relayed back to the City. 13 Project Approach/Methodology VCA Code 1 1845 W. Orangewood Ave., #210, Orange, CA 92868 1 714.363.4700 City of Newport Beach RFP No. 22-45 Leadership, Service. Commitment. Building Plan Review and Inspection Services Code 7. Deferred Submittals and Revisions: Our plan checkers will review deferred submittal items and any revisions before or during construction. 8. Other: VCA's staff will: • Consolidate comments from various City departments, resolve internal inconsistencies, and present recommendations and revisions to the applicants. • Maintain communications with applicants and staff from the Building Division and other City departments. Respond to inquiries about projects from applicants. • Utilize City electronic and paper files to research previous and/or related permits. • Be available during an emergency or natural disaster to assist the City with inspection services. VCA has certified disaster specialists. • Participate in reviews with technical consultants, health and other government agency inspectors, City staff, and owners. • Acknowledge that all documentation will become the property of the City of Newport Beach. 9. Pickup and Delivery of Plans: At no cost to the City, VCA will arrange shipping and courier services. Our plan checkers are available Monday through Friday between 8:00 a.m. to 5:00 p.m. Our company policy states all phone calls and emails are to be returned as soon as possible but absolutely within 24 hours. In contrast to other consultants, VCA has a dedicated in-house recruiting team knowledgeable of the industry who will connect with the City, determine needs, and provide the best contract staff to serve the City of Newport Beach through the following: 1. Candidate Qualifications: VCA will only provide candidates that meet the minimum City requirements. Regarding pre-screening, VCA meets each candidate in person, evaluates them about their knowledge of either inspection, plan check, or permitting requirements. VCA also confirms certifications or licenses, and runs any background checks required, or coordinates with the City's live scan process. 2. Screening Candidates: VCA complies with all State and Federal employment laws. Our recruiting staff meet face-to-face or through Zoom to determine the best qualified and best fit candidates are presented to the City. VCA shall comply with any City requirements including reference checks, fingerprints, and background checks, coordination of live scans, scheduling meetings with police departments or other entities to run the required background check. 3. Notification of Changes: VCA understands that timing matters when it comes to providing qualified contract staff for a jurisdiction. VCA shall promptly notify the City of any changes in personnel prior to award of a contract between City and the VCA. Should any personnel be reassigned prior to the award, VCA shall present the resumes of highly qualified replacements for any function affected. 4. Staff Stability for the City: Employee turn -over is detrimental to both cities and consultants. VCA proudly provides benefits to help our employees take care of themselves and their families. We pay for medical, dental, vision, and a 401(k) plan to assist with their retirement. We also pay for the same holidays that city employees get, as well as vacation and paid sick days. These benefits help promote a stable and secure workforce which greatly benefits the City with contract employees who are dedicated and committed to the cities they serve. 14 Project Approach/Methodology VCA Code 1 1845 W. Orangewood Ave., #210, Orange, CA 92868 1 714.363.4700 EXHIBIT B SCHEDULE OF BILLING RATES The Code Group, Inc. DBA VCA Code Page B-1 Leadership. Service. Commitment. Code Cost File City of Newport Beach RFP No. 22-45 Building Plan Review and Inspection Services Our firm provides on -site Building Plan Review, Structural Review, Building Inspection, and Permit Technician services. Outsourced Plan Review Fees For plan review services, the first three plan checks are included in the initial percentage fee rate and will be billed on the first check. Subsequent checks after the third review will be billed hourly. Hourly plan review is charged at a minimum of two (2) hours. VCA will arrange pick-up and delivery of plans at no additional cost to the City. VCA will provide plan check review services expeditiously at the request of the City. Full Plan Check Percentage of Fees Collected............................................................................................ 70 , HourlyRate..................................................................................................................$115.00 Expedited Plan Check Percentage of Fees Collected Including Expedited Fee .................................................... 70% HourlyRate..................................................................................................................$130.00 Non -Structural Plan Check Percentageof Fees Collected............................................................................................ 50% Structural Plan Check Percentage of Fees Collected............................................................................................ 601Y0 HourlyRate..................................................................................................................$115.00 MEP Plan Check Percentage of Fees Collected............................................................................................ 501Y0 HourlyRate..................................................................................................................$115.00 Fire Plan Check Percentage of Fees Collected............................................................................................ 601yo HourlyRate..................................................................................................................$125.00 1 VCA Code 1 1845 W. Orangewood Ave., 4210, Orange, CA 92868 1 714.363.4700 amity of Newport Beach RFP No. 22-43 Leadership. Service. Commitment. Building Plan Review and Inspection Services Code Compensation rates for staffing will depend on function and experience and are determined by an agreement between the City and VCA. Contract Staff Hourly Rates (On -site) Building Inspector $75.00 to $85.00 Sr. / Combination Inspector $85.00 to $95.00 Permit Technician $65.00 to $75.00 Sr. Permit Technician $70.00 to $80.00 Building Plans Examiner $115.00 to $130.00 Fire Plans Examiner $120.00 to $130.00 Plan Check Engineer $120.00 to $145.00 Licensed Structural Engineer $140.00 to $155.00 Additional Staffing Hourly Rates Grading Inspector / Soils Inspector $95.00 to $115.00 CASp Services $145.00 to $155.00 Supervisor for Permit Tech / Counter Services $95.00 to $115.00 Code Enforcement Officer $70.00 to $85.00 Code Enforcement Supervisor $85.00 to $95.00 CALGreen Inspector / Manager Services $105.00 / $135.00 City Planner / Project Manager / Planning $175.00 to $195.00 Manager Senior Planner / Principal Planner $145.00 to $165.00 Zoning Administrator $125.00 to $145.00 Associate Planner $105.00 to $135.00 Assistant Planner/Counter Services $90.00 to $105.00 Planning Technician/Assistant $70.00 to $85.00 Administrative Personnel $55.00 to $65.00 Client Consultation at City Hall (CBO/Sr. $145.00 to $195.00 Management) Building Official $140.00 to $175.00 Note: VCA charges the current IRS Mileage Rates for traveling to and from job sites. Mileage shall not be charged to the City when traveling to work onsite at City Hall, picking up or dropping off plans when working off -site, or when using City provided transportation. EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this The Code Group, Inc. DBA VCA Code Page C-1 Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: The Code Group, Inc. DBA VCA Code Page C-2 A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Right to Review Subcontracts. Consultant agrees that upon request, all agreements with subcontractors or others with whom Consultant enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the The Code Group, Inc. DBA VCA Code Page C-3 Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. F. Self -insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. H. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. The Code Group, Inc. DBA VCA Code Page C-4