Oroville City Council
April 19, 2022

April 19, 2022~4:00 PM Oroville City Council Meeting Agenda Page 1 of 5

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
April 19, 2022

REGULAR MEETING
CLOSED SESSION 4:00 PM
OPEN SESSION 4:30 PM
AGENDA

PUBLIC ACCESS AND PARTICIPATION
To view the meeting, attend the meeting or provide comment, please see the options below. All comments emailed will be provided to the Council Members for their consideration.

To View the Meeting:

1. Watch our live feed https://www.youtube.com/channel/UCAoRW34swYl85UBfYqT7IbQ/

2. Watch via Zoom
https://zoom.us/j/96870319529?pwd=dW9kMGRZSFo5MFFNQk5wVDUzRkRrZz09 Meeting ID: 968 7031 9529
Passcode: 67684553

3. Listen via Telephone
Telephone: 1-669-900-6833
Meeting ID: 968 7031 9529
Passcode: 67684553
To Provide Comment to the Council:

1. Email before the meeting by 2:00 PM your comments to [email protected]

2. Attend the meeting in person.

If you would like to address the Council at this meeting, you are requested to complete the blue speaker request form (located on the wall by the agendas) and hand it to the City Clerk, who is seated on the right of the Council Chamber. The form assists the Clerk with minute taking and assists the Mayor or presiding chair in conducting an orderly meeting. Providing personal information on the form is voluntary. For scheduled agenda items, please submit the form prior to the conclusion of the staff presentation for that item. Council has established time limitations of three (3) minutes per speaker on all items and an overall time limit of thirty minutes for non-agenda items.

If more than 10 speaker cards are submitted for an item, the time limitation would be reduced to one and a half minutes per speaker for that item. If more than 15 speaker cards are submitted for non-agenda items, the first 15 speakers will be randomly selected to speak at the beginning of the meeting, with the remaining speakers given an opportunity at the end. (California Government Code §54954.3(b)).

Pursuant to Government Code Section 54954.2, the Council is prohibited from taking action except for a brief response from the Council or staff to statements or questions relating to a non-agenda item.

CALL TO ORDER / ROLL CALL
Council Members: David Pittman, Eric Smith, Krysi Riggs, Art Hatley, Janet Goodson, Vice Mayor Scott Thomson, Mayor Chuck Reynolds
1 April 19, 2022~4:00 PM Oroville City Council Meeting Agenda Page 2 of 5

CLOSED SESSION
The Council will hold a Closed Session on the following:

1. Pursuant to Government Code Section 54957(b), the Council will meet with City Administrator, Personnel Officer, and/or City Attorney to consider the public employment related to the following position: Police Chief.

2. Pursuant to Government Code section 54956.9(d)(2), the Council will meet with the City Administrator and City Attorney regarding potential exposure to litigation – Two cases.

OPEN SESSION

1. Announcement from Closed Session

2. Pledge of Allegiance

3. Adoption of Agenda
PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
This is the time to address the Council about any item not listed on the agenda. If you wish to address the Council on an item listed on the agenda, please follow the directions listed above.

CONSENT CALENDAR
Consent calendar items 1 - 7 are adopted in one action by the Council. Items that are removed will be discussed and voted on immediately after adoption of consent calendar items.

1. AUTHORIZE THE RENTAL FOR STREET DEPARTMENT EQUIPMENT Council may consider and approve the rental of equipment for the City Street Department for a month-long timeframe.

RECOMMENDATION
Approve the Rental Quote from I-5 Rentals

2. CYBERSECURITY UPGRADES
The Council may consider the purchase of new cybersecurity products in the amount of $72,162.10. These funds would come from the Local Fiscal Recovery Funds.

RECOMMENDATION
Authorize staff to purchase the cybersecurity upgrades.

3. KIDDIE DAY PARADE FEE WAIVER REQUEST FROM THE OROVILLE KIWANIS CLUB The Council will consider a fee waiver request from the Kiwanis Club of Oroville for the Kiddie’s Day Parade.

RECOMMENDATION
Staff recommends wavier of fees for the Kiddie’s Day Parade. 2 April 19, 2022~4:00 PM Oroville City Council Meeting Agenda Page 3 of 5

4. AGREEMENT WITH BPR CONSULTING GROUP FOR BUILDING DEPARTMENT PLAN

REVIEW SERVICES
The Council will consider an agreement with BPR Consulting Group for contract building division planning services.

RECOMMENDATION
Adopt Resolution No.9044 – A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT WITH BPR CONSULTING GROUP FOR CONTRACT PLAN REVIEW SERVICES (Agreement No. 3412).

5. PLAN REVIEW SOFTWARE SUBSCRIPTION AGREEMENT
The Council may consider approving a subscription agreement with Bluebeam, a Nemetschek Company, for a one-year building plan review software subscription software.

RECOMMENDATION
Approve the Mayor to sign a contract with Bluebeam, a Nemetschek Company.

6. AUTHORIZATION TO AWARD CONTRACT FOR TREE PRUNING SERVICE The Council may award a contract for tree pruning services within the City’s public right of way to P31 Enterprises, Inc. in an amount not to exceed $1,595.00 per day or $120,000.00 annually.

RECOMMENDATION
Authorize Staff to award the bid and sign a contract for tree pruning services within the City’s public right of way to P31 Enterprises, Inc.

7. CONSIDER AND APPROVE A JOB DESCRIPTION FOR AN ENGINEERING INTERN AND

AUTHORIZE HIRING FOR THE POSITION
The City Council will consider and adopt a job description for an Engineering Intern and authorize staff to hire for the position.

RECOMMENDATION
Approve the attached job descriptions for Engineering Intern and authorize staff to hire for the position.
3 April 19, 2022~4:00 PM Oroville City Council Meeting Agenda Page 4 of 5 PUBLIC HEARINGS – 5:15 P.M.

The Public Hearing Procedure is as follows:
- Mayor or Chairperson opens the public hearing.
- Staff presents and answers questions from Council
- The hearing is opened for public comment limited to three (3) minutes per speaker. In the event of more than ten (10) speakers, time will be limited to one and a half (1.5) minutes.

Under Government Code 54954.3, the time for each presentation may be limited. - Speakers are requested to provide a speaker card to the City Clerk - Public comment session is closed
- Council debate and action

8. FIRST READING OF AN ORDINANCE RELATED TO ZONING CODE AMENDMENT ZC21- 06, PROPOSED REVISION OF OROVILLE MUNICIPAL CODE SECTION 17.12.020

RELATING TO FENCE, WALLS AND SCREENING STANDARDS
The Council will consider amending OMC Section 17.12.020 relating to the City’s regulations of fences, walls and screening pertaining to maximum allowed heights, placement, and other changes necessary to protect the general health, safety, and public welfare of the city.

RECOMMENDATION
Waive first reading and approve by title only Ordinance No. 1860 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE AMENDING SECTION 17.12.020 OF THE

ZONING CODE OF THE CITY OF OROVILLE RELATING TO FENCES, WALLS, AND SCREENING STANDARDS.

REGULAR BUSINESS

9. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE RELATED TO THE

ADOPTION OF A MILITARY EQUIPMENT USE POLICY (FIRST READING), ADDING TO CHAPTER 9 SECTION 9.25
The Council will receive public input on and provide direction regarding the adoption of Ordinance NO. 1865, an ordinance on Military equipment use policy for the Oroville Police Department

RECOMMENDATION
Waive the first reading and introduce by title only, Ordinance No. 1865 – AN ORDINANCE

OF THE CITY COUNCIL OF THE CITY OF OROVILLE ESTABLISHING A MILITARY EQUIPMENT USE POLICY, AMENDING TITLE 9 TO INCLUDE CHAPTER 9.25 MILITARY

EQUIPMENT USE POLICY, FOR THE CITY OF OROVILLE POLICE DEPARTMENT PURSUANT TO ASSEMBLY BILL 481; and return to council for second reading and conduct a public hearing.

10. NORTH START PROPOSAL FOR MARKETING SERVICES
The Council will receive a presentation from North Star, Place Branding and Marketing in response to the released Request for Proposal (RFP) for Marketing Services.

RECOMMENDATION
Provide staff with direction
4 April 19, 2022~4:00 PM Oroville City Council Meeting Agenda Page 5 of 5

11. SANK PARK PERIMETER FENCE OPTIONS FOR SELECTION TO PREPARE REQUEST

FOR PROPOSAL
The City Council may receive recommendations from the Park Commission and Historic Advisory Commission to select a fencing an option to for staff to prepare a request for proposal to fabricate a fence to erect around the perimeter of Sank Park.

RECOMMENDATION
Select one of the following, or a combination:
 Option A recommended of the Park Commission
 Option B recommended of the Historic Advisory Commission  Or provide another recommendation to staff for the fencing selection.

12. ADVISORY BALLOT MEASURE REGARING THE CONTRACTING OUT OF FIRE

PROTECTION SERVICE FOR THE CITY OF OROVILLE
The Council will consider a potential advisory ballot measure regarding the contracting of Fire Protection Services to Cal Fire, if approved the potential start date of any contract with Cal Fire would be delayed until November 15, 2022.

RECOMMENDATION
Provide Staff Direction

REPORTS / DISCUSSIONS / CORRESPONDENCE

1. Council Announcements and Reports

2. Future Agenda Items

3. Administration Reports
i. Departmental Reports for March 2022

4. Correspondence
i. PG&E Correspondence
ii. FERC Correspondence
iii. Letter from Golden Valley Bank
iv. TUESD Correspondence

ADJOURN THE MEETING
The meeting will be adjourned. A regular meeting of the Oroville City Council will be held on May 3, 2022 at 4:00 p.m.

Accommodating Those Individuals with Special Needs – In compliance with the Americans with Disabilities Act, the City of Oroville encourages those with disabilities to participate fully in the public meeting process. If you have a special need in order to allow you to attend or participate in our public meetings, please contact the City Clerk at (530) 538-2535, well in advance of the regular meeting you wish to attend, so that we may make every reasonable effort to accommodate you. Documents distributed for public session items, less than 72 hours prior to meeting, are available for public inspection at City Hall, 1735 Montgomery Street, Oroville, California.

Recordings - All meetings are recorded and broadcast live on cityoforoville.org and YouTube. 5

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND CITY COUNCIL MEMBERS
FROM: DAWN NEVERS, ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR RE: AUTHORIZE THE RENTAL FOR STREET DEPARTMENT EQUIPMENT APRIL 19, 2022

SUMMARY
Council may consider and approve the rental of equipment for the City Street Department for a month-long timeframe.

DISCUSSION
Staff is seeking the approval to rent a grader from I-5 Rentals for the month of May. Please see the I-5 Rental Equipment invoice attached. A grater is rented every year to use for fire breaks on multiple City owned properties including the airport. Traditionally this piece of equipment is rented for two weeks but with the addition of a few large properties, four weeks is needed.

Staff has included the rental quotes from two other companies but is requesting to rent from I5 Rentals. They provided one of the lowest quotes for rentals and the city has rented this piece of equipment from them previously.

FISCAL IMPACT
Total cost for rental $12,050.00 using 50% Airport funding and 50% Streets Outside Services

RECOMMENDATION
Approve the Rental Quote from I-5 Rentals

ATTACHMENTS
I-5 Rentals Quote
Cresco Equipment Rentals Quote
JS Cole Rentals Quote
6 Item 1.

I-5 Rentals
8443 Commercial Way
Redding CA 96002-3902
Phone (530) 226-8081 / Fax (530) 226-8083
“Rental Quote”
City of Oroville
3/10/2O22
Attn: Bryan Downer

EQUIPMENT WEEKLY MONTHLY DEL/PU
140/143H GRADER $3,750.00 $11,250.00 $400/$400
Please note: This quote is good for 30 days. After 30 days quotation is subject to revision. Quote subject to availability of equipment. Sales / Rentals subject to sales tax.

Thank you for the opportunity to quote your equipment needs. We look forward to working with you.

Please give us a call if you have any questions
James Peden
I-5 Rentals, Inc.
530-226-8081 Office
530-351-2350 Cell
[email protected]
7 Item 1.

Billing Inquiries: (925) 961-0130 FAX (925) 456-9827
Customer Service: 1 (800) 649-6629
CUSTOMER:

P.O. #:

ORDERED BY:

JOB LOCATION:

JOB #:

Invoice#
Date and Time Out
Date and Time In
Phone#
Account #
Drivers Lic
Date
By
By
Alt Phone/Cell
Fax#
Payment Method
Equipment Rentals
& Affiliates

TOTAL RENTAL
AMOUNT

DELIVERY PICK-UP FUEL TOTAL SALES
ITEMS

SUB TOTAL TAX EQUIPMENT

PROTECTION PLAN

MISC LABOR/
WEAR

ESTIMATED

CHARGES
INV_RENTQ
QUOTE PAGE: 1
** COPY **
OUT: RDDG

CITY OF OROVILLE
1735 MONTGOMERY
OROVILLE, CA 95966
5616894 3/21/22
5/01/22 8:00 AM ANGELAH
530-538-2410
QUOTE
80030 530-538-2525
1275 MITCHELL AVE OROVILLE CA 95965
BRYAN
1 1001400 CC: 100-1400
CAT 140/150 MOTOR GRADER, 14'BLA
1300.00 1300.00 3900.00 11700.00 11700.00
1 1

PROPTAX

ENVIRONMENTAL CHARGE
CACC 1656.5 PROP TAX RECOVERY FEE(.75%)

EPA CHARGE/WASTE FEES
EA
EA

87.750

15.000

87.75 15.00
11700.00 800.00 800.00 13402.75 964.25

7.250
102.75
14367.00

QTY RENTAL ITEMS DESCRIPTION MINIMUM RENTAL RATES
DAY WEEK 4 WEEKS

ESTIMATED

AMOUNTD SALES ITEMS
QTY ITEM NUMBER DESCRIPTION UNIT PRICE DISC. % DISC. $ ESTIMATED AMOUNT
8 Item 1.

Job Name
Location
Start Date

QTY DURATION DAY WEEK MONTH
HOURLY

OVERTIME

TIREWEAR
PER 1/32"

FREIGHT

EACH WAY
$1,178 $3,533 $10,600 $66 $725
Thank You,
Tom Nolan
916-330-0074
[email protected]

RENTAL QUOTATION
City of Oroville
03/23/22
530-990-0246
Oroville, CA
05/02/22
Cat 140M Motor Grader
• This estimate is valid for 30 days from the date first issued. • Rental rates based on 20 working day, 160 hour month. • Overtime charges apply after 160 hours on monthly rentals, 40 hours on weekly rentals and 8 hours on daily rentals.
• Scheduled oil changes are included in rates for local rentals.

NOTES
• 4/32" tire wear included in monthly rate for rubber tire machines.

Email
Customer
Contact
Date
Phone
Fax
[email protected]
ITEM
• Transport, setup, assembly and disassembly are customer responsibility. • All units quoted are subject to availability.
*Freight quote provided by H&S Trucking
• Major/Minor repair agreement may apply.
• Rates do not include sales tax, insurance or freight. • Ground engaging tools are customer responsibility.

PO Box 5368, Novato, CA 94948 | Office: 888.794.5232 | Fax: 415.897.6205 9 Item 1.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: TYSON PARDEE, MANAGER

INFORMATION TECHNOLOGY DIVISION
RE: CYBERSECURITY UPGRADES
DATE: APRIL 19, 2022

SUMMARY
The Council may consider the purchase of new cybersecurity products in the amount of $72,162.10. These funds would come from the Local Fiscal Recovery Funds.

DISCUSSION
With the ever-changing cybersecurity landscape there are some necessary updates needed for the City’s network infrastructure. These products will fulfil the minimum necessary requirements needed to qualify for the City’s Cyber Insurance. The IT department would like to purchase the following utilizing money available in the Local Fiscal Recovery Funds. 1) Dell Data Domain backup solution in the amount of $60,661.00 – This is a backup storage appliance that stores data backups and created immutable copies. The backup appliance will retain not only short-term backups but also retain monthly and yearly copies. Along with the on-premises appliance there is licensing to create a copy in a cloud infrastructure like Microsoft Azure or Amazon AWS.  The long-term storage in the cloud will be an extra cost and will run somewhere between $300 and $500 a month. The monthly cost will not be completely known until a few backups have been stored. The estimated cost of the storage will be built into the IT budget in the next fiscal year.
2) CrowdStrike endpoint security software in the amount of $6,600 – Standard antivirus programs no longer work against all the newer threats that are on the internet.

CrowdStrike utilizes behavior patterns and AI (artificial intelligence) to watch and protect network endpoints. This purchase, and 24/7 monitoring, would be done through CIS (Center for Internet Security) which partners with MS-ISAC (Multi-State Information Sharing and Analysis Center). These organizations work to provide tools and services for agencies to utilize for protecting their organizations from cyberattacks. This is a one-year license as they do not do multiyear licensing. 3) Keeper Security password management software in the amount of $4,901.10 – This product is a password manager for City employees and will allow for easily storing and utilizing password. Utilizing this tool allows for employees to safely store their passwords in an encrypted environment instead of having passwords written down on paper on or in their desk. This purchase would provide licensing for 5 years. 10 Item 2.

4) Firewalls – The IT Manager will be bringing the firewall upgrades to council at a later date as the quotes were not received in time for this staff report. The IT Manager felt that the backup infrastructure in item number one needs to be moved on sooner than later to protect the City’s data.

FISCAL IMPACT
Funding is available from 1601-6310 (Local Fiscal Recovery Funds)

RECOMMENDATION
Authorize staff to purchase the cybersecurity upgrades.

ATTACHMENTS
Backup Software – DOCUMENTATION OF OPEN MARKET PURCHASE Backup Software – Dell
Backup Software – Cohesity
Backup Software – Exagrid
CIS Security Quote - Crowdstrike
Password Manager – DOCUMENTATION OF OPEN MARKET PURCHASE Password Manager – Keeper Security (3 year)
Password Manager – LastPass (5 year)
11 Item 2.

Purchases which are under the limit for sealed competitive bids may be made on the open market.

Whenever practicable obtain informal or formal bids, if possible obtain at least three bids.

Item
no informal/formal bids because sole source:
not practicable to obtain informal/formal bids because
only possible sources were located therefore three bids could not be obtained informal or formal bids were obtained from:

Vendor selected Cost
Lowest responsible bid
Other, explain
Prepared by: Authorized Signature
Date: Date:

City of Oroville

DOCUMENTATION OF OPEN MARKET PURCHASE

PRICE/BID
Software backup solution
Dell Data Protect - $60,661.00
Cohesity - $74,195.04
Exagrid - $118,566.96
Dell $60,661.00
Tyson Pardee
4/5/2022
✔
✔
12 Item 2.

Friday, April 8, 2022
Prepared by Prepared for
Kevin Meehan
Regional Director
The [RE]DESIGN Group
[email protected]
Tyson Pardee
IT Manager
City of Oroville
[email protected]
Project
Data Domain
Quote # 1298, Version 1
Proposal
13 Item 2.

City of Oroville | Data Domain Delivered: April 8, 2022 Quote # 1298, Version 1 Valid through: April 29, 2022
Prepared by Prepared for
Kevin Meehan
The [RE]DESIGN Group
2629 Manhattan Ave, Suite 307
Hermosa Beach, CA 90254
[email protected]
Tyson Pardee
IT Manager
City of Oroville
[email protected]
Data Domain DD3300
Description Price Qty Ext. Price
(1) Data Domain DD3300 + 5 Year ProSupport (4 Hour) $43,985.00 1 $43,985.00 PowerProtect 3300 2U 14G Bezel 1
PowerProtect 3300 Appliance 1
PSNT Info 1
DD3300 Branding 1
PowerProtect DD3300 32TB 1
DD3300 Software Factory Installed DDOS 7.2 1
PowerProtect DD3300 Capacity License 1TB=CC 32
ProSupport w/ Mission Critical Software Support 5 Years 1 Power Cord - C13 3M 125V 15A (North America Guam North Marianas Philippines Samoa Vietnam)
2 DD3300 Shipping 1
US Order 1
PowerEdge R740 Shipping Material 1
Quote #KM001298 v1 www.redesign-group.com14
Item 2.

Data Domain DD3300
Description Price Qty Ext. Price
iDRAC9 Enterprise 1
PowerEdge R740 CE CCC BIS Marking 1
PowerProtect DD3300 Embedded Hypervisor 1
PowerProtect DD3300 Embedded HPVSR MAINT 5YR 1
Storage Dell Fulfilled Info 1
Dell Hardware Limited Warranty 1 Year 1
ProSupport Mission Critical 4-Hour 7x24 On-Site Service with Emergency Dispatch 4 Years Extended
1 ProSupport Mission Critical 4-Hour 7x24 On-Site Service with Emergency Dispatch 1 Year
1 ProSupport 7x24 HW Tech Support and Assistance 5 Years 1 Dell Limited Hardware Warranty Extended Year(s) 1
Thank you choosing Dell ProSupport. For tech support visit //www.dell.com/support or call 1-800- 945-3355
1 Certified Deployment Partner T2 1
Subtotal: $43,985.00
Data Domain Virtual Edition Software
Description Price Qty Ext. Price
(20TB) Data Domain Virtual Edition Software + 5 Year ProSupport (4 Hour) $16,676.00 1 $16,676.00 Dell EMC PowerProtect DDVE Subscription 1
Informational Purposes Only 1
DD VE Capacity 60 Mo PP Subscription=CA 20
Quote #KM001298 v1 www.redesign-group.com15
Item 2.

Data Domain Virtual Edition Software
Description Price Qty Ext. Price
60 Months ProSupport Mission Critical Data Domain Virtual Edition Capacity Software Support-Maint
20 60 Months ProSupport Mission Critical Data Domain Virtual Edition Capacity Software Support Contract
1 Certified Deployment Partner T2 1
Thank you for Your Order 1
Thank you for Your Order 1
Storage Software Info 1
US Order 1
Subtotal: $16,676.00
Implementation
Description Price Qty Ext. Price
[RE]DESIGN Implementation: Included $0.00 1 $0.00
Subtotal: $0.00
Quote #KM001298 v1 www.redesign-group.com16
Item 2.

City of Oroville | Data Domain Delivered: April 8, 2022 Quote # 1298, Version 1 Valid through: April 29, 2022
Quote Summary
Description Amount
Data Domain DD3300 $43,985.00
Data Domain Virtual Edition Software $16,676.00
Implementation $0.00
Total: $60,661.00
Acceptance of this Quote is binding and the above item(s) will be purchased in reliance thereon. All sales are final. After orders are placed, a final invoice will be provided that shall include all applicable taxes, shipping charges, and payment terms not included herein. Any invoice amounts not timely paid will be subject to a daily interest charge, at the prorated amount of 1.5% per month, or at the highest interest rate allowable under California law. By signing below, the above-named Company, acting under due and proper authority, hereby agrees that this Quote constitutes a binding Agreement with The [RE]DESIGN Group.

The [RE]DESIGN Group City of Oroville
Signature:

Name: Kevin Meehan
Title: Regional Director
Date:

Signature:

Name:

Date:

Quote #KM001298 v1 www.redesign-group.com17
Item 2.

Company:

CITY OF OROVILLEDescription:Cohesity On Prem Cluster with Cloud Archive Proposal #26924
Bill To:1735 MONTGOMERY STOROVILLE, CA 95965
Ship To:1735 MONTGOMERY STOROVILLE, CA 95965
Sold To:1735 MONTGOMERY STOROVILLE, CA 95965
Created: 12/26/2021Expires: 1/26/2022Version: 1
Account Manager: jjonesSystems Engineer: estoxen
Payment Terms:Net 30
Product & Manufacturer Maintenance
Line
No Qty Product SMARTnet Unit Price Ext'd Price Tax
1 1
C5016-10G-SFP-3C5016-SFP THREE (3) NODE BLOCK WITH 36 TB SECURE ERASE HDD, 4.8 TB PCI-E FLASH, 192 GB RAM, 12X 10GBE SFP+PCIE, 3X IPMI; HARDWARE O NLY 14,105.00 14,105.00 T
2 1 CS-P-C5016-10G-SFP-3 PREMIUM (24X7) SUPPORT FOR C5016 8,463.00 8,463.00 T3 24 SUB-DATAPLAT-STD-5YRCOHESITY DATAPLATFORM STANDARD EDITION SUBSCRIPTION (1TB). INTELLIGENT WEB-SCALE SOFTWARE FORCONSOLIDATING SECONDARY DATA WITH MULTI-PROTOCOL ACCESS (NFS, S3 & SMB), REPLICATION, ACCESSMANAGEMENT, MONITORING, REST API, ENCRYPTION, SNAPSHOTS/CONES, GLO 870.75 20,898.00 T
4 6 CBL-10G-LC-005 CABLE, 10G, LCLC, OPTICAL, 5M 21.75 130.50 T5 6 ADP-SFP-10G-SR 10G SHORT-RANGE OPTICAL SFP+ ADAPTER 86.45 518.70 T6 10 SUB-DPRT-ULARC-5YRCOHESITY DATAPROTECT AND UNLIMITED CLOUDARCHIVE ADD-ON SUBSCRIPTION (1 TB). BACKUP SOFTWARE FORVIRTUAL AND PHYSICAL ENVIRONMENTS WITH ABILITY TO ARCHIVE UNLIMITED COPIES OF BACKED UP DATATO SUPPORTED EXTERNAL ARCHIVE TARGETS. CUSTOMER MUST SEPARATELY PR 1,509.30 15,093.00 T
7 1
PS-JUMPSTART-SMSOFTWARE INSTALLATION OF ONE CLUSTER (3-8 NODES) AND CREATION OF BACKUP JOBS FOR VMWARE, SQL ANDORACLE. PRICED PER SITE. PRE-BILLED AND EXPIRES 180 DAYS FROM PO. 9,900.00 9,900.00
Subtotal $69,108.20
Handling $2.00
Estimated Sales Tax
(8.25%) $4,884.84
SMARTnet $0.00
18 Item 2.

Need more time to get important stuff done? Ask us about Professional
Services $0.00
Shipping $200.00
Total $74,195.04
19 Item 2.

Company:

CITY OF OROVILLEDescription:Cohesity On Prem Cluster with Cloud Archive Proposal #26924
About Sales TaxItems sold by Development Group, Inc. and shipped to destinations in California and Nevada are subject to sales tax.If an item is subject to sales tax in the state to which the order is shipped, tax is generally calculated on the total selling price of each individual item. In accordance with state tax laws, the total selling price of anorder will generally include shipping and handling charges and item-level discounts. The amount of tax charged on your order will depend upon many factors including, but not limited to, the type of item(s)purchased, and the source and destination of the shipment. Factors can change between the time you place an order and the time and invoice is sent, which could affect the calculation of sales taxes. The amountappearing on your proposal as 'Estimated Sales Tax' may differ from the sales taxes ultimately charged.About Product ReturnsDevelopment Group, Inc. ("DEVGRU") only accepts the return of Products (a) that DEVGRU has the right to return to the applicable manufacturers or suppliers, (b) for which DEVGRU receives your written requestfor return within FOURTEEN (14) DAYS from the date of the invoice for such Products, and (c) that are factory sealed in fully resalable condition or which are Dead on Arrival ("DoA"). Except for Products returnedbecause they are defective or DoA, to be eligible for return, Products must be in resalable condition, complete, unused and unopened, with the outer seal intact. Products that do not meet these conditions are noteligible for return and will be returned to you. Eligible Product returns will receive a credit that will be issued at the original purchase price that you paid for the Product only if your account is current. DEVGRU mayreturn to you, any Product not authorized for return (an "Unauthorized Return") at your expense, or DEVGRU may, at its sole discretion, issue a credit for the current price of the Product, less a thirty percent(30%) restocking fee. DEVGRU is not liable for any loss or damage to Unauthorized Returns.Company & Payment Information Mailing AddressDevelopment Group, Inc.PO Box 991484Redding, CA 96099-1484Phone: (530) 229-0071Fax: (530) 248-3415 Office LocationsDevelopment Group, Inc.6704 Lockheed DrRedding, CA 96002 Payment InformationDevelopment Group, Inc.32880 Collections Center DrChicago, IL 60693Federal Tax ID: 26-3740919 Wire Transfer InformationDomestic Wire Transfer (U.S.)Wire Routing Transit Number (RTN): 026009593Bank Name: Bank of AmericaCity, State: Chicago, ILAccount Number: 8188065595Title of Account: DEVELOPMENT GROUP INC ACH InformationACH Transfer (U.S.)Routing Transit Number (RTN): 071000039Bank Name: Bank of AmericaCity, State: Chicago, ILAccount Number: 8188065595Title of Account: DEVELOPMENT GROUP INC Note: All wire transfers must be made in US Dollars
20 Item 2.

Exagrid EX27 3 Years
City of Oroville

PREPARED FOR
QUOTE #632030 V1
21 Item 2.
# Item Description Price Qty Ext. Price
Products
1 EX27 Exagrid Disk Capacity: Raw: 72 TB, Useable: 54 TB. 27 TB Full Backup. $33,523.20 1 $33,523.20 2 EX-10GBETWINAX
Exagrid 10 Gigabit Ethernet Dual Port SFP+ TWINAX Option for all ExaGrid models.

Does not include twin axial cable.
$1,036.80 1 $1,036.80
3 EX18 Exagrid Disk Capacity: Raw: 48 TB, Useable: 36 TB. 18 TB Full Backup. $24,801.60 1 $24,801.60 4 EX-VDRT-AWS The ExaGrid Virtual Disaster Recovery Target (VDRT) resides in Amazon Web Services (AWS) and accepts replicated data (for disaster recovery) from the ExaGrid physical backup appliances at the primary site. Each VDRT can take in replicated data up to 200TB of primary site full backup data. Customer pays Amazon directly for all AWS services.
$20,413.20 1 $20,413.20
5 EX-10GBETWINAX
Exagrid 10 Gigabit Ethernet Dual Port SFP+ TWINAX Option for all ExaGrid models.

Does not include twin axial cable.
$1,036.80 1 $1,036.80
6 EX-3YR-MS-S Exagrid Three year 5 x 8 Customer Support and product Maintenance $30,274.80 1 $30,274.80 Maintenance and Support Includes:

Point releases
Full version releases
Phone support (5x8)- 2 hour business day response
Email support (5x8) - 2 hour business day response
Alert notification and remote reconciliation
HW repair: replacement part shipped for next business day delivery (customer replaceable) Option for 7x24 support
Subtotal: $111,086.40

22 Item 2.

Version: 1
Delivery Date: 01/24/2022
Expiration Date: 02/24/2022
Quote #: 632030
Bill to: Prepared by:

Sales
Jason Repose
(916)-508-8717
[email protected]
Main
2055 Lincoln Street
Oroville CA 95966
Tyson Pardee
(530) 538-2493
[email protected]
Exagrid EX27 3 Years
Main
Ship to:
2055 Lincoln Street
Oroville CA 95966
Tyson Pardee
(530) 538-2493
[email protected]
Description Amount
Quote Summary
Products $111,086.40
Subtotal: $111,086.40
Estimated Tax: $7,480.56
Total: $118,566.96

23 Item 2.

Agreement
This quote is valid for 30 days
All freight, handling charges and taxes will be added to the final invoice.

Terms and Conditions
Invoices are due and payable Net30 of invoice date. Invoices paid after that time will be subject to a 1.5% finance charge Payment Terms
All hardware products that are supplied by Entisys360 are returnable for up to fifteen days from delivery for a full refund, as long as products have not been opened. Should client open any products within this period, they will be subject to all open box policies of the manufacturer. This could mean full refund, restocking fee or no return, depending on the manufacturer. Licensing is not returnable unless authorized in advance by the manufacturer. Dead on arrival (DOA) and defective returns are valid only for exchange. Beyond twenty-five days from the date of sale, you must contact the manufacturer directly to initiate a warranty claim.

You must have the original boxes, documentation, accessories and packing materials for all returns. Incompatible is not defective.

Entisys360 will test all DOA/Defective returns. Any product deemed not defective or DOA will be returned to customers at their expense.

All returns are subject to manufacturer specific return guidelines, which may deviate from Entisys360's standard return policy. All returns require a valid RMA#. The product must be shipped in order to arrive at Entisys360 within 15 days from the invoice date.

Return and Warranty Policies
____________________________________________
Signature
____________________________________________
Date
Signature

24 Item 2.

List Price Total: $6,600.00
Sales Price Total: $6,600.00
Net Amount: $6,600.00
Balance Due Amount: $6,600.00
Center for Internet Security, Inc.
31 Tech Valley Drive
East Greenbush, New York 12061
United States
QUOTE for City of Oroville
Quote: SQ-220301-0009378
Created Date: 03/01/2022
Valid Through: 3/31/2023
Prepared by: Mark Talty
Phone: (518) 880-0772
Quote
Address Information
Bill To:

City of Oroville
1735 Montgomery St
Oroville, California 95965
United States
Ship To:

City of Oroville
1735 Montgomery St
Oroville, California 95965
United States
Buying Contact: Tyson Pardee
Buying Email: [email protected]
Shipping Contact: Tyson Pardee
Shipping Email: [email protected]
Related Information
Currency: USD Billing Frequency: One-Time
Service Lines
Product/Service Product Code Date Qty Term List
Price
Sales
Price NET
CIS Services MDR Advanced powered by
CrowdStrike CIS-MDR-ADV-CS-CISS 3/1/2022 - 2/28/2023 110 12 Mon $5.00 $5.00 $6,600.00 Specific Terms
CIS Endpoint Security Services via CrowdStrike Terms & Conditions The following terms and conditions (“TCS”) apply to CIS Endpoint Security Services (the “Services”) provided by Center for Internet Security, Inc. (“CIS”) to Customer, as specified in the attached Customer Order Form (the “Order”).

I. Definitions
Security Operation Center (SOC) – 24 X 7 X 365 watch and warning center that provides cybersecurity infrastructure monitoring, dissemination of cyber threat warnings and vulnerability identification and mitigation recommendations.

Endpoint Security Services or ESS – Endpoint Security Services (ESS) is comprised of the following services:

Next Generation Antivirus (NGAV). A solution deployed on endpoint devices to prevent cyber-attacks with the following capabilities:

Detect malicious activity using signature-based and behavior-based threat detection methods with the capability to automate prevention (block attacks);
Deny/allow indicators list management to include anomalous behavior-based indicators; Endpoint and file quarantine functionality;
Threat notification and alerts; and
Web-based management interface with a cloud-based data administration component for enterprise deployment.

Endpoint Detection & Response (EDR). Deployment and maintenance of an EDR software agent on Customer’s identified endpoint devices, which will (a) block malicious activity at a device level if agreed to by the Customer; (b) remotely isolate compromised systems after coordination with the Customer; (c) identify threats on premise, in the cloud, or on remote systems; (d) inspect network traffic in a decrypted state on the endpoint for the limited purpose of identifying malicious activity; and (e) identify and remediate malware infections.

Centralized management of ESS data to allow system administration, event analysis and reporting by CIS SOC. Additionally, Customer will be able to interact with its own ESS data through the management system Additional Endpoint Security Services. CIS may offer additional services under this Agreement from time to time as ESS. Purchase and receipt of such services will be subject to a separate Order.

Parties shall mean CIS and Customer; each a Party.
25 Item 2.

II. Selection of ESS
CIS hereby agrees to supply Entity with ESS as set forth in the attached Order. ESS for additional endpoints may be ordered by Entity during the Term (as defined herein below) by submitting a written request to CIS. The Service Start Date of subsequent Orders for ESS shall be the date of the approved Order but shall terminate as of the end of the applicable Term. Additional services may also be ordered from CIS by Entity by separate agreement with CIS.

III. Term
The Order will become effective on the date the Order is accepted by both Parties (the “Effective Date”), and shall continue in full force and effect for the period specified in the Order (the “Term”).

IV. Pricing
A. Initial ESS Purchase
In consideration for receipt of ESS, Entity agrees to purchase the specified ESS at the purchase price set forth in the Order in US Dollars (USD), which shall be due and payable within thirty (30) days of the Effective Date. Payment may be made by: (i) EFT transfer; (ii) check made payable to Center for Internet Security and mailed to CIS Accounts Receivable, 31 Tech Valley Drive, East Greenbush, NY 12061; or (iii) credit card transaction according to the instructions provided to Entity by CIS. The amount of the purchase price to be paid by Entity to CIS pursuant to this section shall not be reduced by any amount of any taxes or fees to be collected by a taxing jurisdiction, financial institution or payment processor incidental to the payment to CIS.

B. Purchase of ESS for Subsequent Terms
At least sixty (60) days prior to the expiration of any Term. CIS will provide Entity an Order setting forth pricing for a subsequent Term.

Payment for ESS for a subsequent Term shall be due to CIS no later than the last day of the then-current Term, using any of the methods described in section IV(A) above. In the event that such payment is not made prior to the end of the applicable Term, ESS shall not be renewed for a subsequent Term.

V. Amendments to the Order
The Order may only be amended as agreed to in writing by both Parties.

VI. Responsibilities of the Parties
A. Customer Responsibilities
Customer acknowledges and agrees that CIS’s ability to perform the Endpoint Security Services provided by CIS for the benefit of Customer is subject to Customer fulfilling certain responsibilities listed below. Customer acknowledges and agrees that neither CIS nor any third-party provider shall have any responsibility whatsoever to perform the Endpoint Security Services in the event Customer fails to meet its responsibilities described below. Customer further acknowledges and agrees that the scope of this Agreement is limited to the number of endpoint devices identified in the Order Form. In the event that Customer installs the ESS software agent on a greater number of endpoint devices beyond those identified in the Order Form, Customer will be charged for those additional endpoints, including any associated additional charges, and that those additional endpoint devices will be subject to the requirements of this Agreement. Customer will ensure the correct functioning and maintenance of the endpoint devices receiving Endpoint Security Services.

Customer shall provide the following to CIS prior to commencement of the Endpoint Security Services and at any time during the Term if the information changes:

A completed PIQ, the form of which will be provided to Customer by CIS, which will identify the number and types of endpoints to be monitored during the Term, including identification of the operating systems used in the endpoints. The PIQ will need to be revised whenever there is a change that would affect CIS’s ability to provide the Endpoint Security Services; Each endpoint device will have access to a secure Internet channel for ESS management and monitoring by CIS; Accurate and up-to-date information, including the name, email, landline, mobile, and pager numbers for all designated, authorized Point of Contact(s); and
Customer will be responsible for installing the ESS software agent on its endpoints; CIS will provide Customer with a link to the ESS software agent.

During the Term, Customer shall provide the following:

Written notification to CIS SOC ([email protected]) at least thirty (30) days in advance of replacement of an existing endpoint device with another similar device and/or changes in operating systems for the endpoint devices that would affect CIS’s ability to provide Endpoint Security Services;
Written notification to CIS SOC ([email protected]) at least twelve (12) hours in advance of any scheduled Internet outages affecting the endpoint devices;
A completed Escalation Procedure Form in the PIQ including the name, e-mail address and 24/7 contact information for all designated Points of Contact (POC). Revised information must be submitted when there is a change in status for any POC; Sole responsibility for maintaining current maintenance and technical support contracts with Customer’s software and hardware vendors for any endpoint device covered by ESS; and
Active involvement with CIS SOC to resolve any tickets requiring Customer input or action.

B. CIS Responsibilities
CIS shall be responsible for purchase of a commercial ESS capability provided by Crowdstrike, to be incorporated into the Endpoint Security Services, and for providing a link for the ESS software agent to Customer for Customer to install on their endpoints.

CIS will be responsible for the management and monitoring of the Endpoint Security Services to Customer’s identified endpoint devices, including provision of the link for installation of the applicable ESS agent for the operating system of the endpoint devices, as identified by Customer in the PIQ.

CIS will provide the following as part of the Endpoint Security Services:

Analysis of logs from monitored security devices for attacks and malicious traffic; Analysis of security events;
Correlation of security data/logs/events with information from other sources; Notification of security events per the Escalation Procedures provided by Customer; and 26 Item 2.

Ensuring that all upgrades, patches, configuration changes and signature upgrades of the ESS agent are applied to Customer’s endpoint devices receiving ESS.

CIS Security Operation Center. CIS will provide 24/7 telephone (1-866-787-4722) availability for assistance with events detected by the Endpoint Security Services.

Upon termination of ESS, CIS shall be responsible for the cancellation of the Endpoint Security Services. Customer will be responsible for removal of the ESS agent installed on Customer’s endpoint devices.

C. Third Party Provider Terms and Conditions
Customer acknowledges and agrees that as part of providing ESS, CIS has contracted with the third-party provider, CrowdStrike, Inc. (“Crowdstrike”). Customer further acknowledges and agrees that in return for receipt of ESS, it agrees to the following terms and conditions (“Crowdstrike End User Terms”) as an end user of CrowdStrike services as specified in the Order:

Access & Use Rights. Subject to these TCS, Customer has a non-exclusive, non-transferable, non-sublicensable license to access and use the Products in accordance with any applicable Documentation solely for Customer’s Internal Use. The Product includes a downloadable object-code component (“Software Component”); Customer may install and run multiple copies of the Software Components solely for Customer’s Internal Use. Customer’s access and use is limited to the quantity and the period of time specified on the Order.

Restrictions. The access and use rights do not include any rights to (i) employ or authorize any third party (other than Partner) to use or view the Offering or Documentation; (ii) alter, publicly display, translate, create derivative works of or otherwise modify an Offering; (iii) sublicense, distribute or otherwise transfer an Offering to any third party; (iv) allow third parties to access or use an Offering (except for Partner as expressly permitted herein); (v) create public Internet “links” to an Offering or “frame” or “mirror” any Offering content on any other server or wireless or Internet-based device; (vi) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code (if any) for an Offering (except to the extent that such prohibition is expressly precluded by applicable law), circumvent its functions, or attempt to gain unauthorized access to an Offering or its related systems or networks; (vii) use an Offering to circumvent the security of another party’s network/information, develop malware, unauthorized surreptitious surveillance, data modification, data exfiltration, data ransom or data destruction; (viii) remove or alter any notice of proprietary right appearing on an Offering; (ix) conduct any stress tests, competitive benchmarking or analysis on, or publish any performance data of, an Offering (provided, that this does not prevent Customer from comparing the Products to other products for Customer’s Internal Use); (x) use any feature of CrowdStrike APIs for any purpose other than in the performance of, and in accordance with, the Order; or (xi) cause, encourage or assist any third party to do any of the foregoing. Customer agrees to use an Offering in accordance with laws, rules and regulations directly applicable to Customer and acknowledges that Customer is solely responsible for determining whether a particular use of an Offering is compliant with such laws.

Third Party Software. CrowdStrike uses certain third-party software in its Products, including what is commonly referred to as open source software. Under some of these third party licenses, CrowdStrike is required to provide Customer with notice of the license terms and attribution to the third party. See the licensing terms and attributions for such third-party software that CrowdStrike uses at:
https://falcon.crowdstrike.com/opensource.

Installation and User Accounts. For those Products requiring user accounts, only the individual person assigned to a user account may access or use the Product. Customer is liable and responsible for all actions and omissions occurring under Customer’s user accounts for Offerings.

Ownership & Feedback. The Offerings are made available for use or licensed, not sold. CrowdStrike owns and retains all right, title and interest (including all intellectual property rights) in and to the Offerings. Any feedback or suggestions that Customer provides to CrowdStrike regarding its Offerings (e.g., bug fixes and features requests) is non-confidential and may be used by CrowdStrike for any purpose without acknowledgement or compensation, provided, Customer will not be identified publicly as the source of the feedback or suggestion.

Crowdstrike Disclaimer. PARTNER, AND NOT CROWDSTRIKE, IS RESPONSIBLE FOR ANY WARRANTIES, REPRESENTATIONS, GUARANTEES, OR OBLIGATIONS TO CUSTOMER, INCLUDING REGARDING THE CROWDSTRIKE OFFERINGS. CUSTOMER

ACKNOWLEDGES, UNDERSTANDS, AND AGREES THAT CROWDSTRIKE DOES NOT GUARANTEE OR WARRANT THAT IT WILL FIND, LOCATE, OR DISCOVER ALL OF CUSTOMER’S OR ITS AFFILIATES’ SYSTEM THREATS, VULNERABILITIES, MALWARE, AND MALICIOUS SOFTWARE, AND CUSTOMER AND ITS AFFILIATES WILL NOT HOLD CROWDSTRIKE RESPONSIBLE THEREFOR.

CROWDSTRIKE AND ITS AFFILIATES DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CROWDSTRIKE AND ITS AFFILIATES AND

SUPPLIERS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGMENT WITH RESPECT TO THE OFFERINGS. THERE IS NO WARRANTY THAT THE

OFFERINGS WILL BE ERROR FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF CUSTOMER’S PARTICULAR PURPOSES OR NEEDS. THE OFFERINGS ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. THE

OFFERINGS ARE NOT FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, COMMUNICATION

SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE-SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY, OR PROPERTY DAMAGE.

CUSTOMER AGREES THAT IT IS CUSTOMER’S RESPONSIBILITY TO ENSURE SAFE USE OF AN OFFERING IN SUCH APPLICATIONS AND INSTALLATIONS. CROWDSTRIKE DOES NOT WARRANT ANY THIRD PARTY PRODUCTS OR SERVICES.

Customer Obligations. Customer, along with its Affiliates, represents and warrants that: (i) it owns or has a right of use from a third party, and controls, directly or indirectly, all of the software, hardware and computer systems (collectively, “Systems”) where the Products will be installed or that will be the subject of, or investigated during, the Offerings, (ii) to the extent required under any federal, state, or local U.S. or non-US laws (e.g., Computer Fraud and Abuse Act, 18 U.S.C. § 1030 et seq., Title III, 18 U.S.C. 2510 et seq., and the Electronic Communications Privacy Act, 18 U.S.C. § 2701 et seq.) it has authorized CrowdStrike to access the Systems and process and transmit data through the Offerings in accordance with the Order and as necessary to provide and perform the Offerings, (iii) it has a lawful basis in having CrowdStrike investigate the Systems, process the Customer Data and the Personal Data; (iv) that it is and will at all relevant times remain duly and effectively authorized to instruct CrowdStrike to carry out the Offerings, and (v) it has made all necessary disclosures, obtained all necessary consents and government authorizations required under applicable law to permit the processing and international transfer of Customer Data and Customer Personal Data from each Customer and Customer Affiliate, to CrowdStrike.

Falcon Platform. The Falcon Endpoint Protection Platform (“Falcon EPP Platform”) uses a crowd-sourced environment, for the benefit of all customers, to help customers protect themselves against suspicious and potentially destructive activities. CrowdStrike’s Products are designed to detect, prevent, respond to, and identify intrusions by collecting and analyzing data, including machine event data, executed scripts, code, system files, log files, dll files, login data, binary files, tasks, resource information, commands, protocol identifiers, URLs, network data, and/or other executable code and metadata. Customer, rather than CrowdStrike, determines which types of data, whether Personal Data or not, exist on its systems. Accordingly, Customer’s endpoint environment is unique in configurations and naming conventions and the machine event data could potentially include Personal Data. CrowdStrike uses the data to: (i) analyze, characterize, attribute, warn 27 Item 2.

of, and/or respond to threats against Customer and other customers, (ii) analyze trends and performance, (iii) improve the functionality of, and develop, CrowdStrike’s products and services, and enhance cybersecurity; and (iv) permit Customer to leverage other applications that use the data, but for all of the foregoing, in a way that does not identify Customer or Customer’s Personal Data to other customers. Neither Execution Profile/Metric Data nor Threat Actor Data are Customer’s Confidential Information or Customer Data.

Processing Personal Data. Personal Data may be collected and used during the provisioning and use of the Offerings to deliver, support and improve the Offerings, comply with law, or otherwise in accordance with these TCS. Customer authorizes CrowdStrike to collect, use, store, and transfer the Personal Data that Customer provides to CrowdStrike as contemplated in this Agreement.

Compliance with Applicable Laws. Both CrowdStrike and Customer agree to comply with laws directly applicable to it in the performance of the ESS in accordance with the Order.

Definitions. For purposes of these Crowdstrike End User Terms, the following terms shall have the meaning as set forth below:
“CrowdStrike Data” shall mean the data generated by the CrowdStrike Offerings, including but not limited to, correlative and/or contextual data, and/or detections. For the avoidance of doubt, CrowdStrike Data does not include Customer Data. “Customer Data” means the data generated by the Customer’s Endpoint and collected by the Products. “Documentation” means CrowdStrike’s end-user technical documentation included in the applicable Offering. “Endpoint” means any physical or virtual device, such as, a computer, server, laptop, desktop computer, mobile, cellular, container or virtual machine image.
“Execution Profile/Metric Data” means any machine-generated data, such as metadata derived from tasks, file execution, commands, resources, network telemetry, executable binary files, macros, scripts, and processes, that: (i) Customer provides to CrowdStrike in connection with the Order or (ii) is collected or discovered during the course of CrowdStrike providing Offerings, excluding any such information or data that identifies Customer or to the extent it includes Personal Data. “Internal Use” means access or use solely for Customer’s own internal information security purposes. By way of example and not limitation, Internal Use does not include access or use: (i) for the benefit of any person or Customer other than Customer, or (ii) in any event, for the development of any product or service. Internal Use is limited to access and use by Customer’s employees and Partner solely on Customer’s behalf and for Customer’s benefit.
“Offerings” means, collectively, any Products or Product-Related Services. “Partner” means Center for Internet Security, Inc.
“Personal Data” means information provided by Customer to CrowdStrike or collected by CrowdStrike from Customer used to distinguish or trace a natural person’s identity, either alone or when combined with other personal or identifying information that is linked or linkable by CrowdStrike to a specific natural person. Personal Data also includes such other information about a specific natural person to the extent that the data protection laws applicable in the jurisdictions in which such person resides define such information as Personal Data. “Product” means any of CrowdStrike’s cloud-based software or other products provided to Customer through Partner, the available accompanying API’s, the CrowdStrike Data, any Documentation. “Product-Related Services” means, collectively, (i) Falcon OverWatch, (ii) Falcon Complete Team, (iii) the technical support services for certain Products provided by CrowdStrike, (iv) training, and (v) any other CrowdStrike services provided or sold with Products. “Threat Actor Data” means any malware, spyware, virus, worm, Trojan horse, or other potentially malicious or harmful code or files, URLs, DNS data, network telemetry, commands, processes or techniques, metadata, or other information or data, in each case that is potentially related to unauthorized third parties associated therewith and that is collected or discovered during the course of CrowdStrike providing Offerings, excluding any such information or data that identifies Customer or to the extent that it includes Personal Data.

VII. Title
The Endpoint Security Services include use of software that is licensed to CIS by Crowdstrike. All title and ownership rights of the software shall remain with Crowdstrike. Customer shall own all right, title and interest in its data that is provided to CIS pursuant to these TCS.

Customer hereby grants CIS a non-exclusive, non-transferable license to access and use such data as is necessary to provide the Endpoint Protection Services specified in of the Order.

VIII. No Third Party Rights
Except as otherwise specifically provided herein, nothing in these TCS shall create or give to third parties any claim or right of action of any nature against Customer or CIS.

IX. Warranty; Disclaimer
A. Warranty
CIS warrants to Entity during the applicable Term that: (i) the Endpoint Security Services operate without Error; and (ii) industry standard techniques have been used to prevent the ESS at the time of installation from injecting malicious software viruses into Entity’s endpoints covered by this Agreement. Entity must notify CIS of any warranty claim during the Term. Entity’s sole and exclusive remedy and the entire liability of CIS for its breach of this warranty will be for CIS, at its own expense, to do at least one of the following: (a) use commercially reasonable efforts to provide a work-around or correct such Error; or (b) terminate the Order and Entity’s access to and use of ESS and refund the prepaid fee prorated for the unused period of the Term. CIS shall have no obligation regarding Errors reported after the applicable Term. For purposes of this Section VIII, “Error” means a reproducible failure of ESS to perform in substantial conformity with its applicable Documentation (as defined herein below), as supplied by Crowdstrike.

B. Exclusions
The express warranties do not apply if the ESS (i) has been modified, except by CIS or Crowdstrike, or (ii) has not been installed, used, or 28 Item 2.

maintained in accordance with this Agreement or Documentation.

C. Disclaimer

EXCEPT FOR THE EXPRESS WARRANTIES IN THIS SECTION VIII, CIS MAKES NO OTHER WARRANTIES RELATING TO THE ESS,

EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY.

ENTITY ACKNOWLEDGES, UNDERSTANDS AND AGREES THAT CIS DOES NOT GUARANTEE OR WARRANT THAT USE OF ESS

WILL FIND, LOCATE OR DISCOVER ALL SYSTEM THREATS, VULNERABILITIES, MALWARE, AND MALICIOUS SOFTWARE, AND WILL NOT HOLD CIS RESPONSIBLE THEREFOR. ENTITY AGREES NOT TO REPRESENT TO ANY THIRD PARTY THAT CIS HAS PROVIDED SUCH GUARANTEE OR WARRANTY.

X. Confidentiality Obligation
CIS acknowledges that information regarding the infrastructure and security of Customer’s information systems, assessments and plans that relate specifically and uniquely to the vulnerability of Customer information systems, Personal Data (as defined herein below), specific vulnerabilities identified as part of the Endpoint Security Services or information otherwise marked as confidential by Customer (“Confidential Information”) may be provided by Customer to CIS in connection with the services provided under the Order. The Customer acknowledges that it may receive from CIS trade secrets and confidential and proprietary information (“Confidential Information”). Both Parties agree to hold each other’s Confidential Information in confidence to the same extent and the same manner as each party protects its own confidential information, but in no event will less than reasonable care be provided and a party’s information will not be released in any identifiable form without the express written permission of such party or as required pursuant to lawfully authorized subpoena or similar compulsive directive or is required to be disclosed by law, provided that the Customer shall be required to make reasonable efforts, consistent with applicable law, to limit the scope and nature of such required disclosure. CIS further agrees that any third party involved in providing Endpoint Security Services shall be required to protect Customer’s Confidential Information to the same extent as required under these TCS. CIS shall, however, be permitted to disclose relevant aspects of such Confidential Information to its officers, employees, agents and CIS’s cyber security partners, including federal partners, provided that such partners have agreed to protect the Confidential Information to the same extent as required under these TCS. The Parties agree to use all reasonable steps to ensure that Confidential Information received under this Agreement is not disclosed in violation of this Section X. These confidentiality obligations shall survive the termination of the Order.

XI. Notices
Notices shall be provided to those persons identified on the Order. Notice shall be deemed to have been given either at the time of personal delivery or, in the case of expedited delivery service or certified or registered United States mail, as of the date of first attempted delivery at the address and in the manner provided herein, or in the case of facsimile transmission or email, upon receipt. The Parties may, from time to time, specify any new or different contact information as their address for purpose of receiving notice under the Order by giving fifteen (15) days written notice to the other Party sent in accordance herewith. The Parties agree to mutually designate individuals as their respective representatives for the purposes of receiving notices under this Agreement. Additional individuals may be designated in writing by the Parties for purposes of implementation and administration, resolving issues and problems and/or for dispute resolution.

Standard Terms
Please note that if the purchase(s) listed above are related to a new product/service, the Date(s) are determined based upon both the order being approved and all pre service requirements met. If the purchase(s) listed above are for a renewing product/service, the Date(s) reflect the actual term.

Any taxes or fees to be collected by a taxing jurisdiction, financial institution or payment processor incidental to the payment of Products/Services by Customer to CIS shall in no way limit the amount of the Products/Services to be paid by Customer to CIS.

All rights reserved. Copyright Center for Internet Security, Inc. 29 Item 2.

Purchases which are under the limit for sealed competitive bids may be made on the open market.

Whenever practicable obtain informal or formal bids, if possible obtain at least three bids.

Item
no informal/formal bids because sole source:
not practicable to obtain informal/formal bids because
only possible sources were located therefore three bids could not be obtained informal or formal bids were obtained from:

Vendor selected Cost
Lowest responsible bid
Other, explain
Prepared by: Authorized Signature
Date: Date:

City of Oroville

DOCUMENTATION OF OPEN MARKET PURCHASE

PRICE/BID
Software backup solution
Keeper Security - $4,901.10
LastPass - $30,000
Normally there are three bids but the IT Manager believes that these two password managers are the only ones that meet government compliance.

Keeper Security $4,901.10
Tyson Pardee
4/5/2022
✔
✔
30 Item 2.

CONTACT INFORMATION.

Customer: Oroville, City Of
Address: 1735 Montgomery St, Oroville, CA USA, 95965-4820 Main Contact: Tyson Pardee
Email: [email protected]
Phone: +15305382493
LogMeIn Account Email: [email protected]
VAT/TVA/ABN Number:

GoTo Representative:

Name: Tim Colliton
Email: [email protected]
Phone:

Fax:

QUOTE OR OID #: 00348019
UID #: 6014338693
COL Opp ID #: 2112066169007
Quote Date: 01-18-2022
Quote Expiration Date: 04-31-2022
TERM & BILLING INFORMATION.

Term and Billing Frequency: Annual Annual
Payment Method: Invoice
AGREEMENT.

EXCEPT AS EXPRESSLY SET FORTH HEREIN, BY SIGNING AND RETURNING THIS ORDER TO GOTO, YOU CONFIRM THIS IS AN ORDER FOR THE GOTO SERVICE(S) LISTED HEREIN AND AGREE TO THE TERMS OF SERVICE https://www.goto.com/company/legal/terms-andconditions WHICH APPLY TO YOUR CONTINUED USE OF ALL SERVICES AND SHALL PREVAIL OVER ANY TERMS OTHERWISE REFERENCED IN A PURCHASE ORDER.

Supplemental Terms: Notwithstanding anything to the contrary in the Agreement, the following supplemental Terms apply:

Purchase Order Process:

If the order is in excess of 25k USD, or equivalent, GoTo requires a PO with the executed Order in the name of the contracting entity noted above. Please complete:

Require a PO? \PO_Required_1\
Requires a PO, see below:

Customer PO#: \PO_Number_1\ PO Expiration Date (if applicable): \PO_Expiration_1\ SIGNATURES. By signing below, the signatory represents it is legally authorized to enter into the Agreement and agrees to be bound to all terms contained in the Agreement.

CUSTOMER: Oroville, City Of If Billing Contact is different than above, please provide:

Billing Address: \Billing_Address_1\
Billing/Invoicing Contact: \Billing_Contact_1\
Telephone: \Billing_Phone_1\
Email: \Billing_Email_1\
\Customer_VTA_1\
Signature:
\s1\
Name: \n1\
Title: \t1\
Customer Authorized Signatory
Date: \d1\
GoTo Technologies USA, Inc.
333 Summer Street
Boston, MA 02210

ORDER FORM
31 Item 2.

SERVICES & FEE SUMMARY. You agree to use the Services in accordance with the applicable Use Levels. All fees are exclusive of VAT, GST and any other applicable taxes and/or fees.

Product Name Purchase Type Contract Term
(Months) Contract Type Quantity Unit Price(Monthly) Total Price LastPass Business New 60 Annual Annual 110 USD 4.55 USD 30,000.00 TOTAL AMOUNT: USD 30,000.00
32 Item 2.

Date

Name & Title
Approval by Client
Please contact your Account Executive to complete your subscription purchase.

Grand Total USD 4,901.10
Email [email protected]
Prepared By Alex Rivera
Email [email protected]
1735 Montgomery St.

Oroville, CA 95965
United States
Bill To
Contact Name Tyson Pardee
Account Name Gridley Area Chamber of Commerce
Customer Information:

Expiration Date 5/11/2022
Created Date 4/12/2022
Quote Number 837440
Keeper Security, Inc.
820 W. Jackson Blvd., Suite 400
Chicago, IL 60607
(312) 829-2680
www.keepersecurity.com
Product Code Product Product Description Sales
Price Quantity TotalPrice
KS-STORAGE_1_TB Keeper - 1 TB Storage Keeper - 1 TB Storage USD 1,500.00 1.00 USD255.00
KS-BREACHWATCH Keeper - BreachWatch for
Business BreachWatch for Business USD60.00 110.00 USD1,122.00 KEEPER-SECURITY-ENT Keeper - Enterprise Base Plan
User Licenses
Term-based subscription for access to Keeper
on unlimited devices.

USD
180.00 110.00 USD3,366.00
ProServSupport-Platinum Professional Services & Support Platinum Plan
Professional Services & Support Platinum Plan
Includes:
> Unlimited Email
> Unlimited Automated Chat
> Unlimited Live Chat
> Unlimited Phone Calls
USD
930.00 1.00 USD158.10
Proceeding to Payment
Customer Signature
33 Item 2.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND COUNCIL MEMBERS
FROM: BILL LAGRONE, CITY ADMINISTRATOR
RE: KIDDIE DAY PARADE FEE WAIVER REQUEST FROM THE

OROVILLE KIWANIS CLUB
DATE: APRIL 19, 2022

SUMMARY
The Council will consider a fee waiver request from the Kiwanis Club of Oroville for the Kiddie’s Day Parade.

DISCUSSION
The Oroville Kiwanis Club of Oroville has hosted and facilitated the Kiddies Day Parade in Oroville for over 70 years. This parade is for children to participate and demonstrate their talents to the community. This event is well attended and is one of the most heartfelt events that this community host each year. The Kiwanis Club spends many hours and dollars preparing for this event. This event requires many hours of volunteer preparation and participation the day of the Parade. The Kiwanis Club is a nonprofit ran from donations and members’ dues. This event has a negative net income based on the financial statement provided by the Kiwanis. The Kiwanis Club is asking the City’s fee’s ($108.00) for this Parade be waived or refunded.

This event is a quality-of-life issue for our city. This event is looked forward to each year and very well attended. This event is family orientated fun that does not require an admission fee to watch or enjoy. This is good family fun for our entire community, a place to catch up and visit with friends and neighbors we have not seen in some time.

The applicants made timely request for this fee waiver well in advance of the 90-day requirement. There was some confusion on the process by the applicant that delayed this item coming to the Council.

FISCAL IMPACT
The city will not receive the fees for the Kiddie Day Parade which would result in a loss of revenue in an amount of $108.00.
34 Item 3.

RECOMMENDATION
Staff recommends wavier of fees for the Kiddie’s Day Parade.

ATTACHMENTS

1. Kiwanis Club Fee Waiver request form
35 Item 3.
36 Item 3.
37 Item 3.
38 Item 3.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND COUNCIL MEMBERS
FROM: DAWN NEVERS, ASST. COMMUNITY DEVELOPMENT DIRECTOR RE: AGREEMENT WITH BPR CONSULTING GROUP FOR BUILDING

DEPARTMENT PLAN REVIEW SERVICES
DATE: APRIL 19, 2022

SUMMARY
The Council will consider an agreement with BPR Consulting Group for contract building division planning services.

DISCUSSION
The building division has seen a substantial increase in development applications since the 2018 Camp Fire. This department is critical to keep construction and development projects forward at continuous pace. There are also several projects which require specific plan review expertise and must be completed in a timely manner.

The city currently is contracted with one plan review consulting firm; however, we have found the firm, as with others, is seeing an increase in their workload. The firm is finding plan review turnaround times are becoming longer due to this impact. The goal is to have two consulting firms on contract to divvy out projects evenly between the two firms to keep plan review turnaround on time for the customers.

BPR Consulting Group performs building plan review, building official, and inspection services for numerous cities around the state and for several local cities. The firm has years of experience and a large staff to draw on. Attached is a copy of their statement of qualifications for your review.

The Plan Review examiner assigned to Oroville would be billed out at $145.00 per hour.

This is the same dollar amount as our current consultant. This consultant will work remotely and conduct complete plan review services.

This contract will allow the City time to work though the plan review process and maximize efficiency for the contractors and developers. 39 Item 4.

FISCAL IMPACT
The rate for the plan reviews will be full cost recovery to the City as it is paid for by the applicants in the plan review process.

RECOMMENDATION
Adopt Resolution No. XXXX– A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT

WITH BPR CONSULTING GROUP FOR CONTRACT PLAN REVIEW SERVICES (Agreement No. XXXX).

ATTACHMENTS
Resolution No. XXXX
Agreement No. XXXX
Statement of Qualifications
Schedule of fees
40 Item 4.
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CITY OF OROVILLE
RESOLUTION NO. XXXX

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND

DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT WITH BPR CONSULTING

GROUP FOR CONTRACT PLAN REVIEW SERVICES
(Agreement No. XXXX)
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Mayor is directed and authorized to execute an Agreement with BPR Consulting Group for contract plan review services for the City of Oroville.

2. The City Clerk shall attest to the adoption of this Resolution.

PASSED AND ADOPTED by the Oroville City Council at a regular meeting on April 19, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Chuck Reynolds, Mayor

APPROVED AS TO FORM: ATTEST:

Scott Huber, City Attorney Jackie Glover, Assistant City Clerk 41 Item 4.

Exhibit B 1

SERVICES AGREEMENT (PROFESSIONAL SERVICES)
Plan Review Services
City Agreement No. XXXX
This Services Agreement (Professional Services) for Plan Review Services (“Agreement”) by and between the City of Oroville, a California charter city (“City”), and BPR Consulting Group (“Consultant”), is effective on the Effective Date identified on the signature page.

RECITALS
A. The City desires Consultant to provide independent professional services for Client under the terms of a Standard Professional Services Agreement; B. BPR Consulting Group represents that it is a professional independent consulting firm and is willing and able to perform such services upon terms and conditions hereinafter set forth; C. On March 22, 2022, the Consultant submitted a proposal demonstrating the Consultant’s qualifications and experiences to provide suchServices.

D. All services will be conducted in accordance with these terms and conditions and the agreed upon Scope of Services and Fee Schedule the forms of which are attached as Attachments “A” and “B” respectively.

NOW, THEREFORE, the City and the Consultant, for the mutual consideration described herein, agree as follows:

1. SCOPE OF SERVICES.

1.1. Services. Consultant, acting in its capacity to provide Building Department Services, licensed and in good standing under California law, will perform the Services described in the Scope of Services and Schedule of Performance, attached hereto as Exhibit “A” and incorporated herein by reference (“Services”), in accordance with the terms and conditions of this Agreement and to the satisfaction of the City’s authorized representative, the City Administrator (“City’s Authorized Representative”). Services required by the City shall be determined by task orders issued by the City and accepted by Consultant.

1.2. Standard of Care. In performing the Services, Consultant will meet or exceed the applicable standard of care for and exercise the degree of skill and diligence ordinarily used by reputable professionals within the State of California who provide the same or similar type of professional Services as the Services required under this Agreement. Consultant will require and ensure that all of its employees, subconsultants, or agents performing or contributing to the Services will comply with the requirements of this Agreement. 42 Item 4.

Exhibit B 2

1.3. Independent Contractor. Consultant will control the manner and means for performing the Services, acting as an independent contractor and not as an employee of the City. Consultant will not be entitled to any of the benefits that the City provides to its employees, including, but not limited to, health or retirement benefits.

1.4. Subcontracting. If Consultant subcontracts with a subconsultant to perform any of the Services, the City is deemed an intended beneficiary of that subcontract and the subconsultant will owe a duty of due care to the City. City reserves the right to approve or reject any proposed subconsultant, based on the subconsultant’s qualifications, relevant experience, or reputation.

1.5. Third Party Beneficiaries. Except to the extent expressly stated herein, this Agreement will not be construed to create any rights in third parties.

Time for Performance. Time is of the essence for the performance of all Services and duties under this Agreement. Consultant will commence and complete all Services by the dates and within any timeframes set forth in task orders issued by the City and accepted by the Consultant. Consultant will submit all requests for extensions of time to the City in writing no later than ten days after the start of the circumstances or events giving rise to the delay, and no later than the time by which performance is due. The City’s approval of any extension of time for performance of the Services will not operate to waive the City’s rights or remedies with respect to damages caused by Consultant’s delay.

1.6. Errors and Omissions. Consultant is solely responsible for costs arising from its errors and omissions, including increased construction costs or delay costs. Upon City’s request, Consultant will promptly correct its errors and omissions, at no cost to the City.

1.7. Unsatisfactory Services. Upon written notice from the City that any of the Services are unsatisfactory or fail to comply with the requirements of this Agreement (collectively, “Unsatisfactory Services”), Consultant will promptly correct or cure any such Unsatisfactory Services as specified in the City’s written notice. Consultant will not be entitled to any additional compensation or extension of time to correct or cure the Unsatisfactory Services. Consultant’s correction or cure of Unsatisfactory Services will not operate to waive the City’s rights or remedies with respect to any damages caused by the Unsatisfactory Services, the cost of which may be recovered by the City as an offset from payment otherwise due or to become due to Consultant.

2. COMPENSATION.

2.1. Payment. The City will pay Consultant for Consultant’s time and authorized expenses necessary to perform the Services, at the rates and charges set forth in the Compensation Rates and Charges attached hereto as Exhibit “B” and incorporated herein by reference, as compensation in full for Services satisfactorily performed under task orders accepted by Consultant and in compliance with this Agreement. Consultant’s total 43 Item 4.

Exhibit B 3
compensation for performing the Services may not exceed the amount specified in task orders without prior written authorization from the City. If the City authorizes Consultant to perform Services in addition to the Scope of Services set forth in Exhibit “A,” Consultant will be compensated in accordance with the rates and charges in Exhibit “B.” Consultant will not be entitled to any compensation for additional Services performed without the City’s prior written consent, or which exceed the scope of the City’s written consent.

2.2. Invoices. Consultant will submit a monthly itemized invoice to the City’s Authorized Representative for the Services provided during the preceding month. At a minimum, the invoice will identify the Services performed, the hours spent performing the Services, the applicable hourly rate(s), and any authorized expenses based on the rates and charges authorized in Exhibit “B.” The City will pay the Consultant within 30 days after approval of each invoice, with the exception of any disputed amounts. Separate invoices shall be submitted for individual task orders.

3. AUTHORIZED REPRESENTATIVE. Consultant hereby assigns Ron Beehler, to serve as the Consultant’s authorized representative (“Consultant’s Authorized Representative”), to personally participate in and manage the Services provided under this Agreement, and to serve as the primary point of contact for all matters pertaining to this Agreement.

3.1. Substitutions. As a material inducement to entering into this Agreement, the City has relied upon Consultant’s representations regarding Consultant’s qualifications (including the qualifications of Consultant’s Authorized Representative, its personnel, and its subconsultants, if any, as identified on Exhibits “A” and “B”). Consultant will not replace Consultant’s Authorized Representative (or any of its personnel or its subconsultants, if any, as identified on Exhibits “A” and “B”) without the City’s prior written consent.

4. NOTICES. All notices or requests required or contemplated by this Agreement will be in writing and delivered to the other party’s Authorized Representative by personal delivery, U.S. Mail, nationwide overnight delivery service, email, or as otherwise specified herein. Delivery is deemed effective upon the first to occur of: (a) actual receipt by a party’s Authorized Representative, (b) actual receipt at the address identified below, or (c) three business days following deposit in the U.S. Mail of registered or certified mail sent to the address identified below. A party’s contact information, below, may be changed by providing written notice of any change to the other party.

TO CITY: Dawn Nevers, Asst. Community Development Director City of Oroville
1735 Montgomery Street
Oroville, CA 95965
[email protected]
TO CONSULTANT: Ron Beehler, SE, CBO, Director of Client Services 2201 San Francisco Drive, Suite 140-658
44 Item 4.

Exhibit B 4
El Dorado Hills, CA 95762
[email protected]

5. TERM. The term of this Agreement begins on the date it is signed by the City Clerk, below, attesting full execution of the Agreement by both parties (“Effective Date”), and ends upon Consultant’s completion of the Services required by this Agreement, unless terminated earlier as provided herein. The following provisions will survive expiration or termination of this Agreement: Section 7.2 (Dispute Resolution), Section 8.1 (Confidentiality), Section 8.4 (Records of Performance), Section 10 (Indemnification), Section 11.4 (Professional Liability), Section 13.3 (Taxes), and Section 14 (General Provisions).

6. CITY’S RIGHT TO TERMINATE. The City may terminate this Agreement for convenience (with or without cause) by providing written notice of termination to Consultant, effective upon the date stated in the notice. If the City terminates the Agreement it will pay Consultant for all Services satisfactorily performed up to and including the effective date of the termination, subject to the provisions of Sections 2and 8.2.

7. DEFAULT AND DISPUTE RESOLUTION.

7.1. Default. Consultant will be deemed in default of this Agreement if Consultant is not complying with the terms of this Agreement, or the City has reason to believe that Consultant’s ability to perform the Services has been or will be impaired. If either of these circumstances exist, the City may give written notice of default to Consultant and demand that the default be cured or corrected within ten days of the notice, unless the City determines that additional time is reasonably necessary to cure the default. If Consultant fails to cure the default within of the time specified in the notice, and the Consultant fails to give adequate written assurance of due performance within the specified time, then the City may terminate this Agreement in accordance with Section 6, or the City maypursue dispute resolution in accordance with Section 7.2.

7.2. Dispute Resolution. If any dispute arises between the parties in relation to this Agreement, the Authorized Representatives for each party will meet, in person, as soon as practicable, to engage in a good faith effort to resolve the dispute informally. If the parties are unable to resolve the dispute, in whole or in part, through informal discussions, the parties agree to participate in mediation. Notwithstanding the existence of a dispute, the Consultant will continue providing the Services during the course of any dispute, unless otherwise directed by the City.

7.2.1. Either party may give written notice to the other party of a request to submit a dispute to mediation, and a mediation session will take place within 60 days of the date that such notice is given, or sooner if reasonably practicable. The parties will jointly appoint a mutually acceptable mediator. The parties will share equally the costs of the mediator; however, each party will pay its own costs of preparing for and participating in the mediation, including any legalcosts.
45 Item 4.

Exhibit B 5

7.2.2. Good faith participation in mediation pursuant to this Section is a condition precedent to either party commencing litigation in relation to the dispute. In addition, any claims by Consultant arising from or related to this Agreement, are subject to the claim presentment requirements in the Government Claims Act (Government Code section 900 et seq.).

8. INFORMATION AND RECORDS.

8.1. Confidentiality. Consultant will not disclose any information or records related to the performance of this Agreement, including information and records received from the City, as well as information and records created by the Consultant, to any person other than a City employee, unless and only to the extent that the City provides the Consultant with prior written consent to make a disclosure. Consultant will notify the City’s Authorized Representative of any request for disclosure of information, or any actual or potential disclosure of information, under this Agreement. Consultant’s obligations under this section will survive the termination of this Agreement.

8.2. Title to Records. All original documents or records (“work product”), whether paper or electronic, required by this Agreement to be prepared by Consultant (including its employees and subconsultants), whether complete or in progress, are the property of the City. Consultant will promptly deliver all such work product to the City at the completion of the Services, upon termination, or upon demand by the City. However, Consultant may make and keep copies of the work product.

8.3. Contract Cost Disclosure. For any document or report prepared in whole or in part by Consultant pursuant to this Agreement, Consultant will include the numbers and dollar amounts of related contracts or subcontracts as further specified by Government Code Section 7550.

8.4. Records of Performance. Consultant will maintain adequate records of performance under this Agreement (including Services provided, invoices for payment, and payments received) and make these records available to the City for inspection, audit, and copying, during the term of this Agreement and until four years after the Agreement has expired or been terminated.

8.5. Electronic Communications. Consultant will use reasonable good faith efforts to avoid transmitting electronic viruses or other damaging coding, and will promptly advise the City if Consultant discovers that an electronic virus or similar destructive coding may have been transmitted to the City.

8.6. Copyrights/Patents. In performing the Services under this Agreement, Consultant will not unlawfully infringe on any copyrighted or patented work. Consultant is solely responsible for the cost of any authorizations necessary to use any copyrighted or patented work. 46 Item 4.

Exhibit B 6

9. ACCIDENT REPORT. If any death, personal injury, or property damage occurs in connection with the performance of the Services, Consultant will promptly submit to the City Clerk’s Office a written notice of the incident of damage with the following information:

9.1. A description of the damage including date, time, and location, and whether any City property was involved;

9.1.1. Name and contact information of any witness;

9.1.2. Name and address of the injured or deceased person(s); and

9.1.3. Name and address of Consultant’s insurance company.

10. INDEMNIFICATION. To the full extent permitted by law, Consultant will indemnify, hold harmless, release, and defend the City (including its officers, elected or appointed officials, employees, volunteers, and agents) from and against any and all liability or claims (including actions, demands, damages, injuries, settlements, losses, or costs [including legal costs and attorney's fees]) (collectively, “Liability”) of any nature, arising out of, pertaining to, or relating to Consultant’s negligence, recklessness, or willful misconduct in the performance of this Agreement. Consistent with Civil Code Section 2782, Consultant will not be obligated to indemnify City for the proportionate share of the Liability caused by the City’s active negligence, sole negligence, or willful misconduct. To the extent that Services are “design professional Services,” as defined by Civil Code Section 2782.8, the cost to defend charged to the Consultant will not exceed the Consultant’s proportionate percentage of fault. Consultant’s indemnification obligations under this Agreement are not limited by any limitations of any insurance held by Consultant, including, but not limited to, workers’ compensation insurance.

11. INSURANCE. Without limiting Consultant’s indemnification obligations in section 10, Consultant will procure and maintain throughout the period of this Agreement, the following policies of insurance and endorsements from insurers (if other than the State Compensation Fund) with a current A.M. Best rating of no less than A:VII or its equivalent against injury/death to persons or damage to property which may arise from or in connection with the activities hereunder of Consultant, its agents, employees or subcontractors:

11.1. General Liability Policy. Comprehensive or Commercial General Liability Insurance (“CGL”) at least as broad as Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), in an amount of $1,000,000 per occurrence. If the Services involve explosive, underground or collapse risks, XCU will be included. If a general aggregate limit is used, either the general aggregate limit will apply separately to this Agreement or the general aggregate will be twice the required occurrence limit.

11.2. Automobile Liability Policy. Automobile liability insurance with coverage at least as broad as ISO Form numbers CA 0001 06 92, Code 1 (any auto), for vehicles used in the performance of this Agreement with minimum coverage of not less than $1,000,000 per accident, combined single limit.
47 Item 4.

Exhibit B 7

11.3. Workers’ Compensation. Workers’ Compensation insurance meeting statutory limits of the Labor Code. The workers’ compensation policy will contain or be endorsed to contain a waiver of subrogation against the City, its officials, officers, agents, and employees.

11.4. Professional Liability. Professional liability insurance insuring against Consultant’s errors and omissions in performing the Services, with a policy limit of at least $1,000,000. The professional liability insurance will include prior acts coverage sufficient to cover all Services provided by Consultant, and which will remain in effect for four years following expiration or termination of this Agreement.

11.5. Endorsements. The CGL and automotive liability policies will contain or be endorsed with the following provisions:

11.5.1. The City, its officers, elected or appointed officials, employees, volunteers, and agents, are covered as additional insureds for liability arising out of the operations performed by or on behalf of Consultant. The coverage will contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, volunteers, and agents.

11.5.2. The Consultant’s insurance is primary and no insurance held by the City will be called upon to contribute to a loss. The inclusion of more than one insured will not operate to impair or limit the rights of one insured against another, and the coverage will apply as though separate policies have been issued to each insured.

11.6. All Policies.

11.6.1. For all insurance policies required under this Agreement, prior to the City’s execution of this Agreement, Consultant will furnish the City with certificates and original endorsements effecting the required coverage. Each certificate of insurance will state that the coverage afforded by the policy or policies will not be reduced, cancelled, or allowed to expire without at least 30 days written notice to City, unless due to non-payment of premiums, in which case at least 10 days written notice is required. Notice required under this subsection will be sent by certified mail. Each required policy will include an endorsement providing that the insurer agrees to waive any right of subrogation it may have against the City. The endorsements will be on forms provided by City or as approved by City’s Risk Manager.

11.6.2. Any deductible or self-insured retention of $100,000 or more will be disclosed to the City prior to the City’s execution of this Agreement and is subject to approval by the City.

11.6.3. If Consultant does not keep all required insurance policies in full force and effect, the City may, in addition to other remedies under this Agreement, terminate or suspend this Agreement.
48 Item 4.

Exhibit B 8

12. CONFLICTS OF INTEREST. Consultant warrants that as of the Effective Date of this Agreement it has no interest and will not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the Services. Consultant further warrants that in the performance of the Services, Consultant will not employ or enter into a subcontract with any person or entity having any such conflict of interest.

12.1. Financial Interest. Consultant will not make or participate in making or in any way attempt to use Consultant’s position to influence a City decision in which Consultant knows, or has reason to know, Consultant has a financial interest other than the compensation promised by this Agreement. Consultant represents that it has diligently conducted a search and inventory of its financial interests, as defined in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant’s knowledge, have a financial interest that would conflict with Consultant’s duties under this Agreement. Consultant will immediately notify the City in writing if Consultant learns of a financial interest that may conflict with Consultant’s obligations under this Agreement.

12.2. Covenant Against Contingent Fees. Consultant warrants that it has not employed, retained, or entered into a contract with any person or entity, other than a bona fide employee working for the Consultant, to solicit or secure this Agreement; and that it has not paid or agreed to pay any person or entity, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the making of this Agreement. For breach or violation of this warranty, the City may void this Agreement without liability or any further obligation to Consultant, or, alternatively, may elect to deduct from payments due or to become due to Consultant, the full amount of such fee, commission, percentage, brokerage fee, gift, or other consideration.

12.3. Statement of Economic Interest. If the City determines Consultant (or any of its employees or subconsultants) is subject to disclosure requirements under the Political Reform Act (Government Code section 87100 et seq.), Consultant (including any required employees or subconsultants) will complete and file a “Statement of Economic Interest” (Form 700) with the City Clerk’s Office disclosing Consultant’s financial interests.

13. COMPLIANCE WITH LAW.

13.1. Legal and Licensing Compliance. Consultant will comply with all applicable federal, state and local laws, rules, and regulations related to the Services under this Agreement. Consultant represents and warrants to City that Consultant has and will keep in effect during the term of this Agreement all licenses (including, but not limited to, the City of Oroville business license), permits, qualifications, and approvals of whatsoever nature which are legally required for Consultant to practice Consultant's profession or perform the Services.
49 Item 4.

Exhibit B 9

13.2. Nondiscrimination. At all times during the term of this Agreement, Consultant will comply with all applicable federal, state, and local laws, rules, and regulations prohibiting discrimination based on race, ethnicity, color, national origin, religion, marital status, age, sex, sexual orientation, disability (including any physical or mental impairment that substantially limits a major life activity), medical condition, or any protected class.

13.3. Taxes. Consultant will file tax returns as required by law and pay all applicable taxes on amounts paid pursuant to this Agreement. Consultant will be solely liable and responsible to pay such taxes and other obligations, including, but not limited to, state and federal income and FICA taxes.

13.4. Provisions Deemed Inserted. Every provision of law required to be inserted or referenced in this Agreement will be deemed to be inserted or referenced.

14.GENERAL PROVISIONS.

14.1. Headings. The heading titles for each section of this Agreement are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Agreement.

14.2. Severability. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement will be construed as not containing that term, and the remainder of this Agreement will remain in full force and effect; provided, however, this section will not be applied to the extent that it would result in a frustration of the parties’ intent under this Agreement.

14.3. Governing Law, Jurisdiction, and Venue. The interpretation, validity, and enforcement of this Agreement will be governed and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement will be filed and heard in a court of competent jurisdiction in the County of Butte.

14.4. Attorney’s Fees. If any litigation is commenced to enforce or interpret this Agreement, the prevailing party is entitled to reasonable attorney’s fees, costs, and expenses incurred.

14.5. Assignment and Delegation. This Agreement will not be assigned or transferred in whole or in part, nor will any of the Consultant’s duties be delegated, without the City’s prior written consent. Any attempt to assign, transfer, or delegate this Agreement, in whole or any part, without the City’s prior written consent will be void and of no force or effect. Any consent by the City to one assignment, transfer, or delegation will not be deemed to be consent to any subsequent assignment, transfer, or delegation. 50 Item 4.

Exhibit B 10

14.6. Modifications. This Agreement may not be amended or modified orally. No amendment or modification of this Agreement is binding unless it is in a writing signed by both parties.

14.7. Waivers. No waiver of a breach, default, or duty under this Agreement will be effective unless it is in writing and signed by the party waiving the breach, default, or duty.

Waiver of a breach, default, or duty under this Agreement will not constitute a continuing waiver or a waiver of any subsequent breach, default, or duty under this Agreement.

14.8. Entire Agreement. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the parties concerning the Services. This Agreement supersedes all prior negotiations, agreements, and understandings regarding this matter, whether written or oral. The documents incorporated by reference into this Agreement are complementary; what is called for in one is binding as if called for in all. If any provision in any document attached or incorporated into this Agreement conflicts or is inconsistent with a provision in the body of this Agreement, the provisions in the body of this Agreement will control over any such conflicting or inconsistent provisions.

14.9. Interpretation. Each party to this Agreement has had an opportunity to review the Agreement, and to consult with its respective legal counsel regarding the meaning of the Agreement. Accordingly, Civil Code Section 1654 will not apply to interpret any uncertainty in the meaning of the Agreement.

15.SIGNATURES.

15.1. Counterparts.ThisAgreementmaybeexecutedin counterparts, eachoneof whichis deemedan original, but all of which together constitute a single instrument.

15.2. Signatures. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Consultant and the City. #####
51 Item 4.

Exhibit B 11
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective on the Effective Date set forth below.

CITY: CONSULTANT:

CITY OF OROVILLE, BPR Consulting Group
a Californiacharter city
By: By:

Chuck Reynolds, Mayor Ron Beehler, SE, CBO, Director of Client Services
ATTEST:

By:

Jackie Glover, City Clerk
Date: (“Effective Date”)
APPROVED AS TO FORM:

Scott Huber, City Attorney
52 Item 4.

BPR

EXHIBIT A

SCOPE OF SERVICES

BUILDING AND SAFETY SERVICES
We understand the City of Oroville desires to retain a qualified firm to provide building safety services to support the City’s Building Department. BPR Consulting Group proposes to provide the following Building Department services:
▪ Plan Check Services
▪ Building Inspection Services
▪ Permit Technician Services
BPR Consulting Group has a proven track record providing these services in support of public agencies and has the experienced staff necessary to provide flexibility in providing these services to meet the needs of the City of Oroville. The services we provide are always closely coordinated and monitored to ensure we meet or exceed the service levels desired by our clients and to seamlessly integrate the services we provide with your department. We will work in close partnership with the City of Oroville tailoring our services and the deployment of staff resources to match the work volume and adhere to the City’s requirements.

BUILDING PLAN CHECK
All plans examination services will be performed under the direction of a licensed Civil or Structural Engineer and/or licensed Architect and an ICC certified Plans Examiner. For more complex projects and when needed to meet peak workload demands, additional support will be provided from our regional office for, on-site or offsite structural and non-structural plan review services. Our plans examiners understand and are intimately familiar with applicable building codes, the City of Oroville Municipal Code, and plan review procedures and policies and will readily assist the City with their plan review needs. Plan review services will be provided as follows:
▪ Plan Check services will be provided within our local regional office unless space is available at the City office and the City requests that plans be reviewed within their offices. ▪ All assigned personnel will be professionally qualified by both experience and certifications to perform commercial and/or residential construction document plan check. ▪ BPR’s Plan Review Director, Bill Rodgers, S.E. will be the responsible contact for all communications between the City and BPR.
▪ All assigned personnel will be provided with all necessary materials, resources, and training to conduct plan checks, including the current edition of City of Oroville Municipal Code, and the City’s policies, procedures and forms.
▪ Plan Check approval shall not be recommended to the City until all code compliance issues are resolved and all permit issuance requirements of the City Building Division are satisfied. We will contact the City with any questions related to specific City requirements.
▪ We will respond within one business day upon notification that a plan check is authorized for us to perform. 53 Item 4.

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▪ All documents will be picked up from the City of Oroville Building Department, or as otherwise directed, by our shipping carrier for delivery to our regional office. ▪ All plan checks will be performed in a timely manner within time-frame guidelines established by the City. ▪ At completion of each plan review iteration an electronic plan review comments letter will be distributed to the City’s representative for review. We will incorporate any comments from City staff and upload the comments as directed by the City. Upon completion of the plan review where approval of the documents is recommended, we will transmit complete sets of all final documents to the City via Dropbox or SharePoint, will documents annotated as “Reviewed for Code Compliance by BPR Consulting Group”. ▪ All plan review comments shall be completed in the format acceptable to the City. ▪ All communication shall be conducted and coordinated with the City’s representative. We will not contact the applicant directly unless instructed to do so by the City’s representative. We will not contact the applicant when plans are approved and understand that the City will notify the applicant when the permit is ready to issue.
▪ We understand that code interpretations are subject to final review and approval by the Chief Building Official and that all plan review comments are subject to review by the City. ▪ We will be available within one business day to respond to questions from the City that may be generated during field inspection for each authorized plan check that is subsequently issued a permit for construction. ▪ We will communicate data necessary for a Certificate of Occupancy per CBC Section 110.2 to the City. ▪ We are familiar with, and we will enforce the City of Oroville Municipal Code.

Plans will be checked for conformance with the latest adopted version of the California Building Code, California Residential Code, California Green Building Code, California Mechanical Code, California Plumbing Code, California Electrical Code, and the Accessibility and Energy Conservation requirements as mandated by State Title 24 and the Oroville Municipal Code.

Our staff will work with City staff and project applicants in a collaborative and professional manner to quickly identify and resolve any violations of codes, standards, or local ordinances. We will provide thorough plan reviews in an effort to provide complete and accurate construction documents to minimize questions and problems during the construction phase of projects. Plan review comments will be specific, detailed, complete, and reference plan sheet numbers and code sections where applicable.

Upon completion of our final review, one (1) complete copy of electronic documents, bearing BPR Consulting Group’s plan review stamps and a final letter recommending the City’s approval of the documents will be submitted to the City of Oroville’ Building Department for review and approval or as otherwise directed. We will not directly contact the project applicant during the plan review process unless directed to do so by the City’s representative.
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MAXIMUM PROPOSED TURNAROUND TIME FOR PLAN CHECK
We consistently complete plan reviews within the timeframes listed below as our standard business practice.

We work hard to accommodate any turn-around schedule desired by the City. Multi-disciplinary reviews are typically performed in our office, but we are available for onsite work when required and whenever possible.

We will furnish the following tiered turnaround times:

BPR Consulting Group is also able to accommodate special project plan review needs such as expedited reviews. We establish specific turn-around goals and procedures with jurisdiction staff for these types of projects. For expedited or fast-track projects, we charge a premium of 140% of the standard plan review fee as noted in our fee information in Exhibit B.

COMMUNICATING PLAN REVIEW RESULTS
Plan review comments, when necessary, will be type written and refer to specific details, 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 deficiency 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.

PLAN DELIVERY
Paper submittals, if so provided, will be picked up within one business day at no additional cost to the City. Pick up, delivery and approval of documents are included in our specified turn-around times.

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
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SPECIAL PROJECTS
BPR is able to accommodate special project plan review needs such as expedited or multi-phased plan reviews.

We establish project specific turn-around goals and procedures with the City’s staff and applicants for these types of projects based on the complexity of the projects as well as the construction schedule.

BPR’s staff of engineers and plans examiners will work with the City as well as with applicants and designers to resolve all plan review issues. As directed, our staff will deal directly with applicants and their designers during the plan review process to resolve all issues.

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. 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.

CODE INTERPRETATIONS
Code interpretations are subject to final review and approval by the Chief Building Official. BPR’s engineers and plans examiners will provide unbiased recommendations and background information to help the Building Official make an informed decision. All plan review comments are subject to review and approval by the City.

PLAN CHECK RELATED MEETINGS
Our plans examiners and inspectors are available for pre-construction or pre-design meetings, field visits, meetings with the design team, construction team and project owners as needed at no cost to the City. With some reasonable limitations, pre-construction and pre-design meetings associated with projects that we will provide plan review services for are considered as part of our plan review services. Our team of plans examiners and inspectors are always willing to meet with applicants, designers, contractors and City staff as required to resolve plan review or construction-related issues. Our staff can be available for meetings with as little as 24- hour notice.

APPROVAL FOR ADDITIONAL FEES
For projects that cannot be approved after three reviews we understand that additional City approval is required for any charges proposed in addition to the percentage fee agreed to in the contract. We understand that prior approval by the City will be required for all charges proposed for review of deferred submittals and revisions that may occur on projects. Any additional charges for projects must be approved in advance of providing services and communicated to the City of Oroville prior to returning documents for permit issuance.

Upon our approval of projects entailing additional charges the approved documents will be returned to the City along with a detailed invoice itemizing all related charges. 56 Item 4.

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BUILDING INSPECTION SERVICES
BPR Consulting Group tailors’ inspection services to the particular needs of each client with special attention to providing competent, consistent service at all levels. All BPR inspectors are ICC certified with appropriate training and experience based on the City’s specific needs. We handpick our candidates and identify skill levels required to best match the City’s inspection goals and philosophy.

BPR’s staff has performed inspection services on a wide variety of construction projects including custom homes, large residential developments, and commercial, institutional, and essential service buildings. We provide valuable experience gained through successful work with government clients throughout California.

This clear understanding of the construction process enables our people to quickly identify and resolve problems both in the field and in the office.

Assigned staff will perform continuous or periodic construction inspections to verify that the work of construction is in conformance with the approved project plans as well as identifying issues of non-compliance with applicable building codes. Many of our inspector candidates can provide dual plan review and inspector services for our clients. When necessary for large or fast-track projects, multiple inspectors are available.

Inspection personnel assigned will be able to read, understand and interpret construction documents, truss drawings and calculations, prepare and maintain accurate records and reports, communicate effectively orally and in writing and to work effectively with contractors, the public and general staff. Inspectors will possess knowledge of approved and modern methods, materials, tools and safety used in building inspection and the most current building standards.

BPR will provide all materials and training required for our inspectors to perform their assigned duties. Many of our inspectors are also available to serve at the public counter when needed. Additionally, several of our inspectors can provide dual plan review and inspection services for our clients. All field inspection services shall be performed through the City of Oroville Building Division and under the direction of City staff.

Projects under construction by permit from the City will be inspected for compliance with the State of California Building, Mechanical, Plumbing, Electrical, Energy, Green, Fire Codes and the City of Oroville Municipal Code and as designated by the City. Projects will also be inspected for conformance with the accessibility, noise and energy conservation requirements as mandated by State of California Title 24 and all applicable ordinances.

Inspectors are accessible and available to meet with the project design team and/or the client’s representatives to work out problems and help resolve issues quickly and efficiently. Our inspection staff easily integrates into client organizations, consistently implementing policies and procedures and remaining transparent to the jurisdiction’s applicants and customers.

We understand that personality and customer service is crucial to on-the-job success, therefore, we will select inspectors who are well versed in customer service and skilled in dealing with people both at the public counter and in the field. All inspection personnel assigned will be ICC certified as required.

Staff assigned will contact the Building Official for interpretations, local ordinances, local preferences, alternate materials and exceptions/alternates to the model codes. They will report directly to the jurisdiction Building Official or other person designated for all project-related work. Items, if any, which cannot be resolved between the project inspector(s) and contractor, will be forwarded to the Building Official for final resolution. 57 Item 4.

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INTEGRATION WITH CITY STAFF AND DEPARTMENTS
As municipal consultants to many jurisdictions, BPR’s staff is highly adaptive to all processes and procedures and quickly and seamlessly assimilates to your specialized requirements. All personnel are cross trained in municipal operations to successfully bridge across departments and are accustomed to partnering, assisting, and coordinating with Planning, Public Works, Code Enforcement and other vital City staff and departments.

TOOLS & EQUIPMENT
BPR Consulting Group provides cellular phones, and other portable equipment necessary for inspectors to carry out their duties. It is our understanding that a City vehicle will not be provided for our inspectors use, therefore, mileage utilized while performing inspections will be charged at the current IRS rate for vehicle mileage.

PERMIT TECHNICIAN SERVICES
Permit / counter technician services are crucial to the success of the entire building and safety process and is the first impression the public gets of your building department. Contact with the public at this initial point sets the tone for any additional interaction through the life of a project whether engaging the homeowner, architect, developer or contractor or other community member. Delivery of excellent customer service, maintaining a smooth flow of documents and plans throughout departments, and tracking and reporting, are all key elements to furnishing first-rate, efficient and a memorable experience to the City’s clients.

BPR Consulting Group will furnish qualified and customer service-oriented permit technicians to handle the counter, answer phone calls, and issue permits. BPR’s permit technician will be familiar with the City‘s plan intake procedures, fee calculations, tracking systems, permit issuance and customer service expectations as required to provide seamless service to the City’s clients. BPR will provide all materials, resources, tools and training necessary for our permit technicians to perform their assigned duties. 58 Item 4.

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EXHIBIT B

FEE SCHEDULE

COMPLETE PLAN REVIEW SERVICES
For complete plan review services for commercial and residential projects which are reviewed in BPR’s office we propose a fixed plan review fee of 65% of the plan review fees charged by the City based on the City of Oroville’s adopted fee schedule.

The above noted plan review fees will cover an initial plan review and two back checks of the submitted documents. Additional plan review services beyond the three reviews will be billed hourly using the Schedule of Hourly Billing Rates below. Additional plan review fees beyond a third review will be subject to approval by the Building Official prior to proceeding with the fourth review.

We are willing to negotiate a mutually acceptable fee for large projects and special projects on a case-by-case basis.

PARTIAL PLAN REVIEW SERVICES
For partial plan reviews such as structural only, preliminary reviews, foundation only, mechanical only, electrical only, etc., or any combination of partial reviews, we propose to negotiate a mutually agreeable fixed fee based on the specific services requested or provide the requested services on an hourly basis utilizing the Schedule of Hourly Billing Rates below.

PLAN REVIEW SERVICES FOR DEFERRED SUBMITTALS, CHANGES TO APPROVED

PLANS OR CONSTRUCTION PHASE PLAN REVIEW
For the plan reviews of deferred submittals, revisions to previously approved documents, or any construction phase plan reviews, we propose to provide plan review services on an hourly basis using the Schedule of Hourly Billing Rates below.

EXPEDITED PLAN REVIEW FEES
For expedited or fast-track projects we propose a fee of 140% of the above noted plan review fees, with the review completed in half the proposed time frame for regular plan reviews.

INSPECTION SERVICES
Inspection services will be charged hourly per the Schedule of Hourly Billing Rates below. Mileage accrued within the jurisdiction while performing inspection services will be charged at the current IRS vehicle mileage rate.

OTHER SERVICES
Permit Technician, in-house plan review, fire plan review and fire inspection services will be provided as requested on an hourly basis utilizing the Schedule of Hourly Billing Rates below or as negotiated with the City on a case-by-case basis.
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SCHEDULE OF HOURLY BILLING RATES

CLASSIFICATION HOURLY BILLING RATE
Licensed Engineer Building Plans Examiner..............................................$145 (1) (Structural, Mechanical, Electrical, Fire Protection)
Licensed Engineer Building Plans Examiner (Civil, PE).............................$140 (2)
ICC Certified Plans Examiner .......................................................................$110 (3) ICC Fire Plans Examiner / Inspector$110
Certified Access Specialist, CASp ................................................................$120 (4) ICC Certified Building Inspector
Residential (Inspector I)....................................................................... $95 Commercial (Inspector II).................................................................. $105 Combination Inspector (Inspector III).............................................. $115 Permit Technician
Permit Technician I .............................................................................. $65 Permit Technician II ............................................................................. $75 Notes: (1) Rate is applicable to structural, M/P/E, and fire plan reviews performed by engineers licensed in the noted disciplines on institutional, large commercial, large residential, and special projects. (2) Rate is applicable to on-site civil reviews; and to structural reviews performed by licensed civil engineers for small, light-framed commercial projects, tenant improvements, and residential projects. (3) Life safety and access reviews for all projects; M/P/E for light commercial, tenant improvement, and residential projects.
(4) Rate is applicable to CASp-only plan reviews and CASp inspections.

Mileage: Mileage for building inspection and fire inspection services is to be charged the current IRS mileage rate while performing inspections on behalf of the City.

Overtime: Inspection or permit technician services provided exceeding eight hours per day, nights and weekends will be charged at 150% of the noted rate.

Staffing: There will be an 8-hour minimum charge for all in-house plan review, inspection, and permit technician services
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61 Item 4.

Safe Buildings for Your Community
Efficient Professional Services
62 Item 4.

March 21, 2022
Ms. Dawn Nevers
Assistant Community Development Director
City of Oroville
1735 Montgomery Street
Oroville, CA 95965
Telephone: 530.538.2401
Email: [email protected]
Dear Ms. Nevers,
Thank you for the opportunity to present this statement of qualifications (SOQ) for Building Department services. This SOQ will provide you with a detailed overview of the building department services offered by BPR Consulting Group (BPR). We appreciate your time reviewing this SOQ, and we hope that we may be of service to the City of Oroville.

Our talented staff of Building Officials, Plans Examiners, Building Inspectors, Licensed Engineers, and CASp experts have extensive experience providing all aspects of building department services to communities throughout California. Our staff has extensive experience reviewing projects of varying complexity and size across the State of California, including a thorough understanding of the complicated physical and political landscapes in which we conduct our work.

BPR Consulting Group’s certified and licensed staff of qualified professionals can assist the City with complex and unusual projects, and to maintain service levels during periods of increased workload. Northern Californiabased BPR Consulting Group is focused on supporting our California communities by delivering high-quality building department services, tailored to our clients’ needs, with the goal of exceeding our clients’ expectations by:
▪ Providing all services in a cost-effective manner.
▪ Providing qualified and experienced personnel who can effectively communicate and explain relevant code requirements.
▪ Providing a high level of customer service to the City and the City’s applicants. ▪ Balancing the need to ensure conformance to standards and regulations with the need for predictability, uniformity, and efficiency.

Please feel free to contact me at 916.662.0665 if you have any questions concerning our qualifications or the services we provide. We look forward to the opportunity to work with you and the City of Oroville.

Sincerely,

BPR CONSULTING GROUP
Bill Rodgers, SE
Director of Plan Review Services
63 Item 4.

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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

E X H I B I T A

E X H I B I T B

E X H I B I T C
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SECTION 1

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 public agencies throughout California and Nevada. 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.

Building department services we provide to municipalities and agencies include:
▪ Building official services
▪ Building safety plan review
▪ Building inspection services
▪ Permit technician services
▪ CASp plan review and inspection services
▪ Fire prevention plan review and inspection services
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 Oroville are:
▪ To remain unmatched in furnishing responsive and knowledgeable jurisdictional 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 with you to help communicate results and information directly to your clients. We have the ability to tailor our services to align with your agency’s unique and specific needs.
▪ To share our wealth of code knowledge and building industry experience. Our staff has been intimately involved in the development process for the California building codes. We 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 service to your 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. 65 Item 4.

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SECTION 2

QUALIFICATIONS & EXPERIENCE
The following is a small sampling of the types of projects for which we are experienced at providing in support of building departments.We have coordinated in-house, staff-augmentation, 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.

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. The following is a small sampling of projects for which BPR’s staff have provided plan review services.

CITY OF MANTECA
Great Wolf Lodge:

BPR’s staff members provided plan review services for this high-profile resort located adjacent to Highway 120 in the City of Manteca. This project included a 95,000 SF indoor water park, 45,000 SF of family entertainment space, 12,000 SF center, and a 6-story, 500-room hotel. BPR’s staff worked closely with the design team and City staff to deliver this fastpaced project in phases via a series of permit packages and provided plan review services throughout the construction phase of the project.

CITY OF SANTA CLARITA
Holiday Inn Express:

BPR’s staff provided complete building department plan review services for this new 4-story, 62,849 SF hotel. This high-profile project was designed utilizing wood platform framing with sheathed shear-walls and steel moment frames for lateral support. The building utilized Construction Type V-A and was classified as a Group R-1 Occupancy. All plan review services for this project were provided on an expedited basis.
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CITY OF MONTEREY PARK
Costco Warehouse & Fuel Station:

BPR’s staff provided building department plan review
services on behalf of the City of Monterey Park for the new Costco Warehouse and Fuel Station project. Plan review
services included plan review of the non-structural,
structural, mechanical, electrical, plumbing, green and energy efficiency improvements associated with the project.

The 154,974 SF tilt-up warehouse building utilized Type V-B Construction. The fueling station utilized Type ll-B
Construction. The building was classified as a Group M Occupancy.

Pacific Plaza Mixed-Use Hotel and Condominium:

BPR’s staff members provided complete building plan review services for the Pacific Plaza Monterey Park project which was designed as a mixed-use project to include Hotel,
Condominium and Restaurant uses. The project includes
398,792 SF within five levels above two levels of underground parking. The project utilized Construction Type I-A at the two lower parking levels and Construction Type III-A above the 2nd level. The building includes Occupancy Groups A-2, A-3, M, B and S-2.

CITY OF FRESNO
Community Regional Medical Center:

BPR staff members provided plan review services for the Fresno Community Regional Medical Center (CRMC)
expansion – a 58-acre, $350 million project comprised of a 5- story, 180,000 SF Medical Office Building and a 5-story Parking Structure with approximately 427,900 SF of parking. BPR’s staff provided complete building department plan review services for the CRMC Medical Office Building and Parking Structure. Submitted documents were reviewed for
compliance with the applicable provisions of the codes and associated standards as adopted by the City of Fresno.

The CRMC Medical Office Building was constructed utilizing structural steel framing supporting composite concrete over steel decking at the floor and roof levels. The foundation utilized conventional spread footings.

The lateral force resisting system was designed to utilize moment resisting steel frames. The exterior cladding for the project included light gauge steel framing supporting anodized aluminum panels and glazing. The Medical Office Building includes Occupancy Groups B, S, and I-2.1, and Construction Type IA and is a fully sprinkled building.

The CRMC Parking Structure was designed utilizing concrete decks supported by concrete beams and columns, with post-tensioned, cast-in-place concrete construction supported by post-tensioned cast-in-place concrete 67 Item 4.

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beams, which in turn are supported by conventionally reinforced cast-in-place concrete columns. The lateral force resisting system consisted of concrete shear walls and concrete moment frames. The exterior cladding was designed to incorporate precast concrete wall panels.

Omni Family Health Facility:

BPR’S staff provided third-party plan review services on behalf of the City of Fresno for the Omni Family Health facility. The project included modifications to the existing mechanical system to isolate air and control pressures in the facility’s waiting room. The mechanical system upgrade was designed and plan reviewed for compliance with
OSHPD 3 code requirements. Plan review services included review for compliance with OSHPD3 requirements for
healthcare facilities.

Staff prepared review letters identifying elements of the final 100% construction documents that did not comply with applicable provisions of the adopted California Building Codes. The plan review team met with the design team to resolve plan review issues. At the completion of the plan review, two (2) sets of reviewed drawings and other required documents were delivered directly to the City of Fresno Building Department. A final review letter addressed to the City of Fresno Building Department was provided at the completion of plan review services indicating that plans were reviewed and found to comply with applicable building codes.

CITY OF HANFORD
New Hanford Fire Station:

BPR’s staff provided complete plan review for this new 5,289 SF fire station consisting of Occupancy Groups R-2, B and S-1 and utilizing Type VB Construction. The estimated project cost was $2,000,000. The new fire station will support three personnel during duty hours and provide responsive service to the southwest and west area of Hanford with a focus on improving response times to better serve the growing
community.

New Costco Warehouse:

BPR’s staff members provided building department plan
review services on behalf of the City of Hanford Building Department for a new Costco Warehouse project. Services included plan review of the architectural, structural,
mechanical, plumbing, electrical and energy conservation designs associated with construction of the project.

Accessibility features were also reviewed to ensure
compliance with applicable accessibility provisions of the adopted California Building Codes.
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CITY OF SACRAMENTO
Downtown Commons Tower:

BPR staff provided plan review services for this 16-story, mixed-use tower constructed of cast-in-place reinforced concrete utilizing a code compliant structural concrete shear wall system for lateral support. This architecturally significant state-of-the-art project serves as a center piece for the Downtown Commons community and is located directly
adjacent to the new Sacramento Kings Arena. The 16-story, mixed-use tower includes two levels of subterranean parking.

The lower three levels above grade include retail space, restaurant space, hotel lobbies, conference rooms, ballrooms, a pool deck, and back-of-house spaces. The fourth level includes office space. Levels 5 through 10 were designed for hotel use, and Level 11 through 16 will include residential units. BPR’s staff provided progressive plan review services for this project with an expediated schedule on behalf of the City of Sacramento. BPR staff members successfully assisted the city, the design team, and the Owner to implement and execute an aggressive phased permitting schedule, allowing this significant and complicated project to move quickly into construction, well in advance of a complete design package.

CITY OF RICHMOND
BPR staff members have provided complete plan review services for projects on behalf of the City of Richmond for many years. Below are examples of recent projects for which our staff members provided plan review services:

Noma Residential Development:

BPR staff provided complete building department plan review services for the Places at Noma which consist of 95, three-story, single-family, detached homes; and the Rows at Noma, which consist of 18, three-story, live/work townhomes with ten different configurations. All buildings are Type V-B Construction with Group R-3 and Group U Occupancies. All buildings are platform-framed wood construction and are supported on conventional-spread, concrete footings with a slab-on-grade system at the first-floor level. The lateral force resisting system consisted of site-built, wood-sheathed, shear walls. BPR’s staff teleconferenced and/or met with the design team to resolve plan review issues in an efficient and collaborative manner.

Tilt Up Warehouse and Distribution Facility:

BPR staff provided complete building department plan review services on behalf of the City of Richmond for this project. This project consists of a single-story, tilt-up warehouse and distribution center with 191,500 SF of warehouse area and 12,000 SF of office space, for a total area of 203,500 SF. The building was constructed of Type III-B Construction and included Type S-1 and B Occupancies and is fully fire sprinklered. Site improvements included trash enclosures, rolling metal gates, steel fencing and concrete site walls. Submitted documents were reviewed for compliance with the applicable provisions of the adopted building codes and associated standards. BPR staff teleconferenced and/or met with the design team to resolve plan review issues. 69 Item 4.

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OSHPD 3 Community Clinic:

BPR staff provided complete building department plan review services of the Community Clinic project on behalf of the City of Richmond. This project included construction of a three-story, Community Clinic with a total area of 33,742 SF of medical office space designed to be OSHPD 3 compliant. The building utilized Type VB Construction and included Occupancy Groups B and A-3. The building is fully fire sprinklered. Site improvements included trash enclosures and concrete site walls as part of the project. Plan review services required review for compliance with all applicable OSHPD 3 provisions of the California Building Code. BPR staff teleconferenced and/or met with the design team to resolve plan review issues, as needed.

CITY OF BERKELEY
BPR staff members have provided complete plan review services for projects on behalf of the City of Berkeley for many years. Below are examples of recent projects for which our staff members provided plan review services:

Bancroft Apartments:

This six-story, mixed-use building consists of a single-level,reinforced-concrete, Type 1A podium structure with five levels of light, wood-framed Type IIIA Construction above. The podium houses 9,300 SF of M, S-2 and R-2 Occupancies. Five levels of residential apartments comprising 41,000 SF occur above the podium structure. The existing building on the site was relocated and the existing surface parking lot was demolished in preparation for this high-density project which included 50 new residential dwelling units.

San Pablo, Marchant Building:

This unique project straddles three Cities; Berkeley, Oakland, and Emeryville, with Berkeley as the lead agency. Formerly a calculator factory, this building has been readapted to house a 500,000 SF medical office, a 50,000 SF health club, and a parking garage with roof parking. The existing concrete structure was strengthened with extensive use of fiberreinforced polymer (FRP); new ramps were added to convert the factory floors to parking floors; and new MEP
infrastructure was added to facilitate the medical office building and health club tenant improvements.

Bayer Healthcare, Voluntary Seismic Upgrade:

This project consisted of voluntary seismic upgrades to four existing buildings in order to comply with the city seismic strengthening regulations and policies. The design utilized the evaluation and retrofit procedures of ASCE 41-13 and introduced structural steel buckling restrained braced frames into these existing nonductile, reinforced-concrete buildings. The projects ranged in size from 3,400 SF to 60,000 SF, and the buildings included B, F-1 and S-1 Occupancies.
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CITY OF SAN RAMON
Aspen Woods Apartments:

BPR staff provided plan review services for this new, 95-unit, senior complex. The facility consists of a basement and 4 floor levels totaling 139,281 SF. This podium style project utilized Construction Types IA and VA and included S-2 and R-2
Occupancy Groups. Above the podium structure, westernstyle platform construction was utilized along with site-built, wood-sheathed, shear walls for lateral support for this exclusive residential project.

CITY OF VALLEJO
The Lodge at Glen Cove:

BPR staff provided plan review services on behalf of the City of Vallejo for this new, residential, care facility that provides Independent Living, Assisted Living and Memory Care options for its residents. The facility consists of two, three-story buildings totaling 120,312 SF. This project utilized Type VA Construction and included A-2, R2.1, B and S Occupancy
Groups.

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 constructive 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 agency officials, homeowners, builders, and others. We understand effective communication is 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 clear and efficient communication, are required ingredients for a fair and transparent inspection program.

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 issuance of building permits, have experience with multiple databases utilized by building departments and will quickly 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 agency, will be verified prior to issuance of building permits. 71 Item 4.

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FIRE PLAN REVIEW & INSPECTION SERVICES
BPR Consulting Group staff are available to provide fire plan review services as needed to verify compliance with California Building and Fire Codes, adopted National Fire Protection Association Standards and local amendments. Plan review services will include review for fire and life safety code compliance relative to the design of fire protection systems including fire sprinkler systems, fire alarm systems, fire suppression systems, fire pump installations, smoke control systems, civil improvement plans, and non-structural building plans for fire and life safety features.

We understand that many municipalities and fire districts adopt local requirements unique to local fire concerns. We will review local requirements to ensure that assigned projects are compliant with current code and locally adopted requirements. We will ensure compliance with Title 24 California Building and Fire Codes, Parts 2, 2.5, and 9 – applicable to fire prevention, life safety, mechanical and electrical installations as they relate to fire and life safety for residential, commercial, industrial, existing, and historical buildings.

BPR’s staff of Fire Plans Examiners and Fire Protection Engineers have performed both building and fire plan review services on a wide variety of projects including industrial, commercial, agricultural, institutional, assembly, essential service buildings, mixed use, tenant improvements, remodels, adaptive reuse projects and residential developments.
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SECTION 3

BUILDING SAFETY TECHNICIAL CAPABILITIES
The BPR team holds extensive experience and a proven track record of providing plan review, building inspection, fire plan review and inspection, and permit technician services as needed in a cost-effective manner. 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.
▪ Utilizing staff with a customer service focus and
thorough knowledge of building department policies and
procedures.
▪ Promoting cooperation and partnership with other
jurisdiction departments and outside agencies.
▪ Licensed Plan Review Engineer and/or ICC Certified Plans Examiners for thorough and timely plan reviews.
▪ Progressive plan review services for major and unique projects. ▪ A high level of customer service to both internal and external customers. ▪ Adjusting services as needed to meet your workload needs. ▪ Services in a cost-effective mannerthat remain within budget constraints.

PROPOSED PROJECT STAFF
Bill Rodgers, SE // Project Manager | Principal-in-Charge // Civil & Structural Engineer: Bill will act as the Project Manager and single point of contact for the City of Oroville during the delivery of services. Bill has more than 30 years of experience in the field of structural engineering, including over 20 years of experience as a plan review engineer. He has provided plan review services to the City in a prior engagement.

Bill has worked closely with Building Departments and State agencies across the State of California and Nevada for nearly 20 years and has performed or managed plan review services for various project types including adaptive reuse projects, remodel projects, tenant improvement projects, seismic retrofit, structural upgrade projects, high-rise building 73 Item 4.

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projects with smoke control systems, and new buildings. He has shared his wealth of experience and structural expertise by developing and presenting building code related classes and working with local building departments to develop ordinances to improve the seismic performance of building structures. In addition to providing structural plan review services, Bill is responsible for management of BPR’s plan review team and plan review services.

Bill’s five (5) most recent plan review projects include:
▪ County of Napa, Planning, Building and Environmental Services – Outsourced plan review services, including residential, multi-family, commercial, and multi-story story projects, including institutional projects, industrial projects, retail buildings and agricultural structures. ▪ City of Sacramento, Development Services Department, Building Division – Comprehensive building department services including in-house plan review, outsourced plan review, inspection and permit technician services, as well as in-house plan review training for the City’s plan review staff. ▪ City of Roseville, Development Services Department, Building Safety –Outsourced plan review services focused on residential, multi-family, commercial, multi-story projects, mid-rise projects, industrial projects, retail buildings and medical office buildings. ▪ City of Gardena, Community Development Department, Building Services – Comprehensive building department services including in-house Building Official, in-house and outsourced plan review and inspection services.
▪ City of Rancho Cordova, Community Development Department, Building and Safety Division – Outsourced plan review services, including residential, multi-family, commercial, institutional projects, industrial projects, retail buildings and multi-story story projects.

Additional plan review staff are listed below:

Proposed Staff Job Title/Description
David Castillo, ME, FPE Mechanical Engineer / Fire Protection Engineer Jerome Schreiber, EE Electrical Engineer
Roger Peterson, SE Civil & Structural Engineer
Ron Beehler, SE, CBO, ICC Civil & Structural Engineer
Andrew Burke, CASp, ICC CASp Plans Examiner / ICC Certified Plans Examiner Mark Meyers, CBO, ICC ICC Certified Plans Examiner
Mark Berg, CBO, ICC, MCP ICC Certified Plans Examiner
Tim Scott, CBO, ICC ICC Certified Plans Examiner
Rick Maddox, ICC ICC Certified Electrical Plans Examiner Rick Walters, CASp, LEED, CBO, ICC LEED Specialist / CASp Plans Examiner / ICC Stacy Barker, ICC Project Coordinator / Administrative Assistant / Clerical Mohammad Ahmed IT Services Specialist
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BUILDING & FIRE 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 officials, plans examiners, and building inspectors maintain a working knowledge of applicable building codes and plan review 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 plan 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 the permit applicants. Our plans examiners possess 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, agricultural, institutional, industrial, retail, and OSHPD 2, 3 and 5 medical office buildings. Many of our plan examiners are CASp certified. Completed plan review projects range from singlestory, residential projects to complex high-rise buildings and numerous building additions and remodels. We are experienced and familiar with the use and application of the most current editions of the following model codes:
▪ 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
▪ Municipal Codes
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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, agricultural, 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
▪ Masonry
▪ Heavy Timber / Timber Frame
▪ Concrete
▪ Structural Steel
▪ Light Gauge Steel Framing
▪ Straw Bale
▪ Rammed Earth
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:
▪ 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
▪ Municipal Codes
▪ 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
▪ Municipal Codes
Other review services may be provided based on current editions of local or national standards such as:
▪ International Building Code
▪ International Residential Code
▪ International Mechanical Code
▪ International Plumbing Code
▪ NFPA Standards 13 (automatic fire
sprinkler systems)
▪ NFPA Standards 20 (fire pumps)
▪ NFPA Standards 72 (fire alarms)
▪ NFPA Standards 99 (medical gases)
▪ NFPA 101 Life Safety Code
▪ NEHRP Requirements for Existing Building
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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 established in 1978 in response to a legislative mandate to reduce California's energy consumption. These standards have been updated since that time to address a multitude of building components, systems, and equipment with the goal of having new and updated 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.

LEED
Developed by the US Green Building Council (USGBC), LEED provides building owners and operators a framework for identifying and implementing measurable green building design methodologies, construction, operations, and building maintenance. LEED certification consists of a variety of rating systems applicable to multiple building types including commercial as well as residential. Ratings reflect a measure of how well a building performs across many sustainability metrics including: energy savings, water efficiency, CO2 emissions reduction, indoor environmental quality, energy usage and the projects impact on the local environment.

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 reviews 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. 77 Item 4.

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Additionally, members of our team have participated in state-sponsored committees to establish guideline and building code requirements for projects planned in areas designated as flood zones.

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.

FIRE CODE PLAN REVIEW
We have an experienced and licensed professional Fire Protection Engineer on staff to address your fire and life safety needs. Our fire safety plan review and inspection staff can quickly and accurately check plans for compliance with applicable fire codes and standards. Our fire protection staff routinely review and inspect projects for compliance with fire and life safety regulations.

Our Fire Plans Examiners and Inspectors have extensive experience in the use and application of the following model codes, standards, and regulations:
▪ California Fire Code (CFC) and California Building Code (CBC), with local amendments and regulations. ▪ Adopted National Fire Protection Standards
▪ California Health and Safety Code
▪ Appropriate listings (CSFM, U.L., etc.) for common systems and materials ▪ Fire Department Standards
▪ Code referenced National Fire Protection Reference Standards ▪ Municipal Codes
▪ State or Federal regulations enforced by local Fire Agencies BPR’s staff is active with California Fire Prevention Officer’s Association, as well as local chapters of International Code Council Building Officials Organizations throughout the State of California.

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. 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, and we are able to utilize the City’s ProjectDox system.
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COMMUNICATING PLAN REVIEW RESULTS
Plan review comments, when necessary, will be type written and refer to specific details, 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., At the completion of each plan review cycle, BPR Consulting Group will return a copy of the plan review comment list to the City for their review and comment. We will make any edits deemed necessary, and upload our comments to ProjectDox as directed by City staff.

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.

We can provide expedited plan review services when requested.

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 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 approved project plans. Our inspection staff will familiarize themselves with the City of Oroville Municipal Code to ensure that the projects we are inspecting are compliant with current code requirements. Specifically, we will ensure compliance with the applicable provisions of the Title 24 California 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
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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 planned, single-family, residential developments, 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 ICCcertified 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 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.
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EXHIBIT A

SCOPE OF SERVICES

BUILDING AND SAFETY SERVICES
We understand the City of Oroville desires to retain a qualified firm to provide building safety services to support the City’s Building Department. BPR Consulting Group proposes to provide the following Building Department services:
▪ Plan Check Services
▪ Building Inspection Services
▪ Permit Technician Services
BPR Consulting Group has a proven track record providing these services in support of public agencies and has the experienced staff necessary to provide flexibility in providing these services to meet the needs of the City of Oroville. The services we provide are always closely coordinated and monitored to ensure we meet or exceed the service levels desired by our clients and to seamlessly integrate the services we provide with your department. We will work in close partnership with the City of Oroville tailoring our services and the deployment of staff resources to match the work volume and adhere to the City’s requirements.

BUILDING PLAN CHECK
All plans examination services will be performed under the direction of a licensed Civil or Structural Engineer and/or licensed Architect and an ICC certified Plans Examiner. For more complex projects and when needed to meet peak workload demands, additional support will be provided from our regional office for, on-site or offsite structural and non-structural plan review services. Our plans examiners understand and are intimately familiar with applicable building codes, the City of Oroville Municipal Code, and plan review procedures and policies and will readily assist the City with their plan review needs. Plan review services will be provided as follows:
▪ Plan Check services will be provided within our local regional office unless space is available at the City office and the City requests that plans be reviewed within their offices. ▪ All assigned personnel will be professionally qualified by both experience and certifications to perform commercial and/or residential construction document plan check. ▪ BPR’s Plan Review Director, Bill Rodgers, S.E. will be the responsible contact for all communications between the City and BPR.
▪ All assigned personnel will be provided with all necessary materials, resources, and training to conduct plan checks, including the current edition of City of Oroville Municipal Code, and the City’s policies, procedures and forms.
▪ Plan Check approval shall not be recommended to the City until all code compliance issues are resolved and all permit issuance requirements of the City Building Division are satisfied. We will contact the City with any questions related to specific City requirements.
▪ We will respond within one business day upon notification that a plan check is authorized for us to perform. 81 Item 4.

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▪ All documents will be picked up from the City of Oroville Building Department, or as otherwise directed, by our shipping carrier for delivery to our regional office. ▪ All plan checks will be performed in a timely manner within time-frame guidelines established by the City. ▪ At completion of each plan review iteration an electronic plan review comments letter will be distributed to the City’s representative for review. We will incorporate any comments from City staff and upload the comments as directed by the City. Upon completion of the plan review where approval of the documents is recommended, we will transmit complete sets of all final documents to the City via Dropbox or SharePoint, will documents annotated as “Reviewed for Code Compliance by BPR Consulting Group”. ▪ All plan review comments shall be completed in the format acceptable to the City. ▪ All communication shall be conducted and coordinated with the City’s representative. We will not contact the applicant directly unless instructed to do so by the City’s representative. We will not contact the applicant when plans are approved and understand that the City will notify the applicant when the permit is ready to issue.
▪ We understand that code interpretations are subject to final review and approval by the Chief Building Official and that all plan review comments are subject to review by the City. ▪ We will be available within one business day to respond to questions from the City that may be generated during field inspection for each authorized plan check that is subsequently issued a permit for construction. ▪ We will communicate data necessary for a Certificate of Occupancy per CBC Section 110.2 to the City. ▪ We are familiar with, and we will enforce the City of Oroville Municipal Code.

Plans will be checked for conformance with the latest adopted version of the California Building Code, California Residential Code, California Green Building Code, California Mechanical Code, California Plumbing Code, California Electrical Code, and the Accessibility and Energy Conservation requirements as mandated by State Title 24 and the Oroville Municipal Code.

Our staff will work with City staff and project applicants in a collaborative and professional manner to quickly identify and resolve any violations of codes, standards, or local ordinances. We will provide thorough plan reviews in an effort to provide complete and accurate construction documents to minimize questions and problems during the construction phase of projects. Plan review comments will be specific, detailed, complete, and reference plan sheet numbers and code sections where applicable.

Upon completion of our final review, one (1) complete copy of electronic documents, bearing BPR Consulting Group’s plan review stamps and a final letter recommending the City’s approval of the documents will be submitted to the City of Oroville’ Building Department for review and approval or as otherwise directed. We will not directly contact the project applicant during the plan review process unless directed to do so by the City’s representative.
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MAXIMUM PROPOSED TURNAROUND TIME FOR PLAN CHECK
We consistently complete plan reviews within the timeframes listed below as our standard business practice.

We work hard to accommodate any turn-around schedule desired by the City. Multi-disciplinary reviews are typically performed in our office, but we are available for onsite work when required and whenever possible.

We will furnish the following tiered turnaround times:

BPR Consulting Group is also able to accommodate special project plan review needs such as expedited reviews. We establish specific turn-around goals and procedures with jurisdiction staff for these types of projects. For expedited or fast-track projects, we charge a premium of 140% of the standard plan review fee as noted in our fee information in Exhibit B.

COMMUNICATING PLAN REVIEW RESULTS
Plan review comments, when necessary, will be type written and refer to specific details, 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 deficiency 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.

PLAN DELIVERY
Paper submittals, if so provided, will be picked up within one business day at no additional cost to the City. Pick up, delivery and approval of documents are included in our specified turn-around times.

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
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SPECIAL PROJECTS
BPR is able to accommodate special project plan review needs such as expedited or multi-phased plan reviews.

We establish project specific turn-around goals and procedures with the City’s staff and applicants for these types of projects based on the complexity of the projects as well as the construction schedule.

BPR’s staff of engineers and plans examiners will work with the City as well as with applicants and designers to resolve all plan review issues. As directed, our staff will deal directly with applicants and their designers during the plan review process to resolve all issues.

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. 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.

CODE INTERPRETATIONS
Code interpretations are subject to final review and approval by the Chief Building Official. BPR’s engineers and plans examiners will provide unbiased recommendations and background information to help the Building Official make an informed decision. All plan review comments are subject to review and approval by the City.

PLAN CHECK RELATED MEETINGS
Our plans examiners and inspectors are available for pre-construction or pre-design meetings, field visits, meetings with the design team, construction team and project owners as needed at no cost to the City. With some reasonable limitations, pre-construction and pre-design meetings associated with projects that we will provide plan review services for are considered as part of our plan review services. Our team of plans examiners and inspectors are always willing to meet with applicants, designers, contractors and City staff as required to resolve plan review or construction-related issues. Our staff can be available for meetings with as little as 24- hour notice.

APPROVAL FOR ADDITIONAL FEES
For projects that cannot be approved after three reviews we understand that additional City approval is required for any charges proposed in addition to the percentage fee agreed to in the contract. We understand that prior approval by the City will be required for all charges proposed for review of deferred submittals and revisions that may occur on projects. Any additional charges for projects must be approved in advance of providing services and communicated to the City of Oroville prior to returning documents for permit issuance.

Upon our approval of projects entailing additional charges the approved documents will be returned to the City along with a detailed invoice itemizing all related charges. 84 Item 4.

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BUILDING INSPECTION SERVICES
BPR Consulting Group tailors’ inspection services to the particular needs of each client with special attention to providing competent, consistent service at all levels. All BPR inspectors are ICC certified with appropriate training and experience based on the City’s specific needs. We handpick our candidates and identify skill levels required to best match the City’s inspection goals and philosophy.

BPR’s staff has performed inspection services on a wide variety of construction projects including custom homes, large residential developments, and commercial, institutional, and essential service buildings. We provide valuable experience gained through successful work with government clients throughout California.

This clear understanding of the construction process enables our people to quickly identify and resolve problems both in the field and in the office.

Assigned staff will perform continuous or periodic construction inspections to verify that the work of construction is in conformance with the approved project plans as well as identifying issues of non-compliance with applicable building codes. Many of our inspector candidates can provide dual plan review and inspector services for our clients. When necessary for large or fast-track projects, multiple inspectors are available.

Inspection personnel assigned will be able to read, understand and interpret construction documents, truss drawings and calculations, prepare and maintain accurate records and reports, communicate effectively orally and in writing and to work effectively with contractors, the public and general staff. Inspectors will possess knowledge of approved and modern methods, materials, tools and safety used in building inspection and the most current building standards.

BPR will provide all materials and training required for our inspectors to perform their assigned duties. Many of our inspectors are also available to serve at the public counter when needed. Additionally, several of our inspectors can provide dual plan review and inspection services for our clients. All field inspection services shall be performed through the City of Oroville Building Division and under the direction of City staff.

Projects under construction by permit from the City will be inspected for compliance with the State of California Building, Mechanical, Plumbing, Electrical, Energy, Green, Fire Codes and the City of Oroville Municipal Code and as designated by the City. Projects will also be inspected for conformance with the accessibility, noise and energy conservation requirements as mandated by State of California Title 24 and all applicable ordinances.

Inspectors are accessible and available to meet with the project design team and/or the client’s representatives to work out problems and help resolve issues quickly and efficiently. Our inspection staff easily integrates into client organizations, consistently implementing policies and procedures and remaining transparent to the jurisdiction’s applicants and customers.

We understand that personality and customer service is crucial to on-the-job success, therefore, we will select inspectors who are well versed in customer service and skilled in dealing with people both at the public counter and in the field. All inspection personnel assigned will be ICC certified as required.

Staff assigned will contact the Building Official for interpretations, local ordinances, local preferences, alternate materials and exceptions/alternates to the model codes. They will report directly to the jurisdiction Building Official or other person designated for all project-related work. Items, if any, which cannot be resolved between the project inspector(s) and contractor, will be forwarded to the Building Official for final resolution. 85 Item 4.

BPR

INTEGRATION WITH CITY STAFF AND DEPARTMENTS
As municipal consultants to many jurisdictions, BPR’s staff is highly adaptive to all processes and procedures and quickly and seamlessly assimilates to your specialized requirements. All personnel are cross trained in municipal operations to successfully bridge across departments and are accustomed to partnering, assisting, and coordinating with Planning, Public Works, Code Enforcement and other vital City staff and departments.

TOOLS & EQUIPMENT
BPR Consulting Group provides cellular phones, and other portable equipment necessary for inspectors to carry out their duties. It is our understanding that a City vehicle will not be provided for our inspectors use, therefore, mileage utilized while performing inspections will be charged at the current IRS rate for vehicle mileage.

PERMIT TECHNICIAN SERVICES
Permit / counter technician services are crucial to the success of the entire building and safety process and is the first impression the public gets of your building department. Contact with the public at this initial point sets the tone for any additional interaction through the life of a project whether engaging the homeowner, architect, developer or contractor or other community member. Delivery of excellent customer service, maintaining a smooth flow of documents and plans throughout departments, and tracking and reporting, are all key elements to furnishing first-rate, efficient and a memorable experience to the City’s clients.

BPR Consulting Group will furnish qualified and customer service-oriented permit technicians to handle the counter, answer phone calls, and issue permits. BPR’s permit technician will be familiar with the City‘s plan intake procedures, fee calculations, tracking systems, permit issuance and customer service expectations as required to provide seamless service to the City’s clients. BPR will provide all materials, resources, tools and training necessary for our permit technicians to perform their assigned duties. 86 Item 4.

BPR

EXHIBIT B

FEE SCHEDULE

COMPLETE PLAN REVIEW SERVICES
For complete plan review services for commercial and residential projects which are reviewed in BPR’s office we propose a fixed plan review fee of 65% of the plan review fees charged by the City based on the City of Oroville’s adopted fee schedule.

The above noted plan review fees will cover an initial plan review and two back checks of the submitted documents. Additional plan review services beyond the three reviews will be billed hourly using the Schedule of Hourly Billing Rates below. Additional plan review fees beyond a third review will be subject to approval by the Building Official prior to proceeding with the fourth review.

We are willing to negotiate a mutually acceptable fee for large projects and special projects on a case-by-case basis.

PARTIAL PLAN REVIEW SERVICES
For partial plan reviews such as structural only, preliminary reviews, foundation only, mechanical only, electrical only, etc., or any combination of partial reviews, we propose to negotiate a mutually agreeable fixed fee based on the specific services requested or provide the requested services on an hourly basis utilizing the Schedule of Hourly Billing Rates below.

PLAN REVIEW SERVICES FOR DEFERRED SUBMITTALS, CHANGES TO APPROVED

PLANS OR CONSTRUCTION PHASE PLAN REVIEW
For the plan reviews of deferred submittals, revisions to previously approved documents, or any construction phase plan reviews, we propose to provide plan review services on an hourly basis using the Schedule of Hourly Billing Rates below.

EXPEDITED PLAN REVIEW FEES
For expedited or fast-track projects we propose a fee of 140% of the above noted plan review fees, with the review completed in half the proposed time frame for regular plan reviews.

INSPECTION SERVICES
Inspection services will be charged hourly per the Schedule of Hourly Billing Rates below. Mileage accrued within the jurisdiction while performing inspection services will be charged at the current IRS vehicle mileage rate.

OTHER SERVICES
Permit Technician, in-house plan review, fire plan review and fire inspection services will be provided as requested on an hourly basis utilizing the Schedule of Hourly Billing Rates below or as negotiated with the City on a case-by-case basis.
87 Item 4.

BPR

SCHEDULE OF HOURLY BILLING RATES

CLASSIFICATION HOURLY BILLING RATE
Licensed Engineer Building Plans Examiner..............................................$145 (1) (Structural, Mechanical, Electrical, Fire Protection)
Licensed Engineer Building Plans Examiner (Civil, PE).............................$140 (2)
ICC Certified Plans Examiner .......................................................................$110 (3) ICC Fire Plans Examiner / Inspector$110
Certified Access Specialist, CASp ................................................................$120 (4) ICC Certified Building Inspector
Residential (Inspector I)....................................................................... $95 Commercial (Inspector II).................................................................. $105 Combination Inspector (Inspector III).............................................. $115 Permit Technician
Permit Technician I .............................................................................. $65 Permit Technician II ............................................................................. $75 Notes: (1) Rate is applicable to structural, M/P/E, and fire plan reviews performed by engineers licensed in the noted disciplines on institutional, large commercial, large residential, and special projects. (2) Rate is applicable to on-site civil reviews; and to structural reviews performed by licensed civil engineers for small, light-framed commercial projects, tenant improvements, and residential projects. (3) Life safety and access reviews for all projects; M/P/E for light commercial, tenant improvement, and residential projects.
(4) Rate is applicable to CASp-only plan reviews and CASp inspections.

Mileage: Mileage for building inspection and fire inspection services is to be charged the current IRS mileage rate while performing inspections on behalf of the City.

Overtime: Inspection or permit technician services provided exceeding eight hours per day, nights and weekends will be charged at 150% of the noted rate.

Staffing: There will be an 8-hour minimum charge for all in-house plan review, inspection, and permit technician services
88 Item 4.

BPR

EXHIBIT C

RESUMES
On the following pages you will find resumes for these team members proposed to serve the City of Oroville.

Bill Rodgers, SE Project Manager
David Castillo, ME, FPE Mechanical Engineer / Fire Protection Engineer Jerome Schreiber, EE Electrical Engineer
Roger Peterson, SE Civil & Structural Engineer
Ron Beehler, SE, CBO, ICC Civil & Structural Engineer
Andrew Burke, CASp, ICC CASp Plans Examiner / ICC Certified Plans Examiner Mark Meyers, CBO, ICC ICC Certified Plans Examiner
Mark Berg, CBO, ICC, MCP ICC Certified Plans Examiner
Tim Scott, CBO, ICC ICC Certified Plans Examiner
Rick Maddox, ICC ICC Certified Electrical Plans Examiner Rick Walters, CASp, LEED, CBO, ICC LEED Specialist / CASp Plans Examiner / ICC Stacy Barker, ICC Project Coordinator / Administrative Assistant / Clerical Mohammad Ahmed IT Services Specialist

89 Item 4.

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
PROJECT MANAGER | 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 handson 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 Engineer| 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
90 Item 4.

Bill Rodgers, SE – Principal / Senior Structural Engineer 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 | Berkeley, 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. 91 Item 4.

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.
92 Item 4.

Dave Castillo, ME, FPE – Mechanical Engineer / Fire Protection Engineer 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.
93 Item 4.

BPR

EDUCATION
 BS, Electrical Engineering, California
Polytechnic University

PROFESSIONAL LICENSE
& CERTIFICATIONS
 CA Electrical Engineer 12290
 HI Electrical Engineer 13259
 International Association of
Electrical Inspectors – Electrical
Plans Examiner and Electrical
Inspector – 6027880
International Code Council (ICC)
 ICC CA Commercial Building
Inspector
 ICC CA Commercial Mechanical
Inspector
 ICC CA Commercial Plumbing
Inspector
 ICC CA Residential Mechanical
Inspector
 ICC CA Residential Plumbing
Inspector
 ICC Commercial Building Inspector
 ICC Mechanical Inspector
 ICC Plumbing Inspector
 ICC Plumbing Inspector UPC
PROFESSIONAL AFFILIATIONS:
 International Association of
Plumbing and Mechanical Officials
 International Association of
Electrical Inspectors
 IEEE

JEROME SCHREIBER, EE

ELECTRICAL ENGINEER
Jerome has more than 40 years of electrical industry experience. He is a licensed electrical engineer in California and Hawaii, and is certified by the International Association of Electrical Inspectors as an Electrical Plans Examiner and Electrical inspector. Jerome’s experience is wide and varied, having provided engineering services to the military, public utilities, private organizations and municipal agencies.

PROFESSIONAL HISTORY
Building Inspector | City of Glendale | 2013 -Present
Jerome has served as a Building Inspector for the City of Glendale since August 2013. His duties have included Building, Plumbing, Mechanical, & Electrical Inspections and Plans Examination.

Instructor | Long Beach City College | 2013 -Present
Since 2013, Jerome has served as an instructor in National Electrical Code for Industrial & Commercial Applications at Long Beach City College.

Senior Electrical Inspector | City of Vernon | 1987 -2013 Jerome was responsible for electrical plans examination and performing Building, Plumbing, Mechanical, & Electrical inspections and all electrical installation in the City and for the City municipal facilities.

Electrical Consultant | BSK Engineering | 1986 -1987
Jerome served as an Electrical Consultant for a private firm that provided design for factories, restaurants, computer rooms, car lots, and other such installations.

Distribution Engineer | Southern California Edison | 1983 -1986 Jerome provided service planning and customer coordination for this Southern California utility.

Interior Electrician | Air National Guard | 1978 -1980
Jerome provided electrician services for various installations as a member of the Air National Guard.

Automatic Flight Control Systems Specialist, Sergeant | US Air Force | 1973 -1977
As a Sergeant in the US Air Force, Jerome served as Shift Supervisor and was responsible for repair crew to facilitate maintenance on transient aircraft.
94 Item 4.

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
CIVIL | 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.
95 Item 4.

Roger Peterson, SE – Principal / Senior Structural Engineer 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 | 2009 - 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.
96 Item 4.

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
CIVIL | STRUCTURAL ENGINEER
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 fullservice 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, 97 Item 4.

Ron Beehler, SE, CBO – Principal / Director of Operations 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 high 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. Ron 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 preparation 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 – 1991
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 administrative 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. 98 Item 4.

BPR

EDUCATION
 Associates in Building Inspection
Technology, Butte Community
College
 Associates in Mathematics, Butte
Community College

CERTIFICATIONS
 Certified Access Specialist – CASp710
International Code Council, 8250398
 ICC Building Inspector
 ICC Building Plans Examiner
 ICC Permit Technician
 ICC Commercial Building Inspector
 ICC Residential Plans Examiner
 ICC Residential Combination
Inspector
ANDREW BURKE, CASp, ICC
CERTIFIED ACCESS SPECIALIST | PLANS EXAMINER
Andrew is a Certified Access Specialist and ICC certified Plans Examiner with more than 17 years of industry experience in plan review, inspection, administration and estimating. Andrew has extensive plan check experience in multi-story mixed use projects and provides in-depth review of accessibility issues to ensure compliance with all California building codes.

His CASp certification provides him the ability to ensure all aspects of accessibility have been achieved. His formal training in ICC codes, as well as on-the-job experience, helps him to provide thorough and accurate commercial and residential plan reviews and inspections. Andrew is an excellent asset to any building department both in the office and out in the field.

PROFESSIONAL HISTORY
Plans Examiner | Certified Access Specialist (CASp) | BPR Consulting Group | 2021 – Present
Provides life safety and accessibility plan review for residential and commercial projects including residential master plans, custom residential projects, commercial tenant improvement and remodel projects.

Plans Examiner | Certified Access Specialist (CASp) | Interwest Consulting Group|2013 – 2021
Provided life safety and accessibility plan reviews for residential and commercial projects including residential master plans, custom residential projects, commercial tenant improvement and remodel projects.

Building Department Intern | Town of Los Gatos | 2012
Andrew worked as an intern in various areas of a building department. Performed field inspections and worked behind the counter as a permit technician.

PROJECT EXPERIENCE
2020 Project Expansion | University of California, Merced | 2016 - 2021 Life Safety and Accessibility Plans Examiner | Andrew reviewed plans for the campus expansion for compliance California Building, Plumbing, Mechanical, Electrical Codes, Energy Standards, Fire Codes, Green Building Standards Code, and California Accessibility Standards; state and local building codes, policies, amendments, and ordinances.

Sac Republic Soccer Stadium | City of Sacramento | 2019 Accessibility Plans Examiner| Andrew provided plan review for this new 409,664 SF stadium to ensure compliance with applicable accessibility codes and standards.

North 40 | Town of Las Gatos | 2018 - 2019
Accessibility Plans Examiner| Andrew provided accessibility reviews for the new 211,773 SF mixed use building in the North 40 development consisting of residential, parking garage, community room and commercial. 99 Item 4.

Andrew Burke CASp, ICC – Certified Access Specialist / Plans Examiner BPR
InnovAge California PACE | City of Sacramento | 2019
Accessibility Plans Examiner| Andrew provided accessibility plan review services for this new 66,030 SF OSHPD allinclusive elder care facility valued at $6,250,000. 100
Item 4.

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

PLANS EXAMINER
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  2021 – 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  Consultant  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 101
Item 4.

Mark Meyers, CBO, ICC – Building Official / Project Manager 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. 102
Item 4.

BPR

EDUCATION
 BS, Public Administration, Minor in
English, California Baptist University
 AA, Construction Technology,
Riverside Community College
 AA, Physical Education, Riverside
City College

PROFESSIONAL LICENSES AND

CERTIFICATIONS
ICC NO. 859362:
 Master Code Professional
 Electrical Inspector
 Certified Fire Code Official
 Certified Building Official
 Plumbing Inspector UPC
 Mechanical Inspector UMC
 Fire Plans Examiner
 Building Code Official
 Combination Inspector – Legacy
 Fire Inspector I
 Fire Inspector II
 Building Inspector
 Residential Combination Inspector
 Building Plans Examiner
 Combination Dwelling Inspector –
Uniform Codes
 Building Code Specialist
 Fire Code Specialist
 Residential Energy Inspector/Plans
Examiner
 Accessibility Inspector/Plans
Examiner

MARK BERG, CBO, ICC
CERTIFIED BUILDING OFFICIAL | PLANS EXAMINER | BUILDING INSPECTOR | MASTER CODE PROFESSIONAL
Mark is an ICC Certified Building Official, Plans Examiner, Building Inspector, and Master Code Professional with experience performing life-safety, architectural, mechanical, plumbing, electrical, and structural reviews in residential, multi-family and commercial projects. Mark has successfully guided department staff with inspection and plan review of all phases of complex construction projects. He is experienced utilizing building department permit tracking software and managing all common building department responsibilities, including plan review, multi-discipline inspections, plan review and inspection scheduling, field supervision, regulatory compliance, code interpretation, and project acceptance. Mark also possesses exceptional skills in complaint resolution, problem solving, damage assessment and team building.

PROFESSIONAL HISTORY
Building Official, Life Safety Plans Examiner | BPR
Consulting Group | 2021-Present
Performing comprehensive plan review and inspection services for client agencies. Reviews residential and non-residential plans for compliance with California Building, Life Safety, Fire, Plumbing, Mechanical, Electrical Codes, Energy and Green Standards, local building codes, policies, amendments, and ordinances.

Building Official, Life Safety Plans Examiner | Consulting Firm | 2017-2021
Performed comprehensive plan review and inspection services for residential and commercial projects for client agencies. Projects included residential, multi-family residential, commercial, and industrial projects consisting of tenant improvements and new buildings.

Building Official | City of Redlands | 2015-2017
Supervised staff coordination with cities, agencies and the public on various Technical or legal aspects of programs. Performed the most complex and difficult plan checks for both building and fire life safety. Reviewed the new and existing codes and regulations and recommended revision to current ordinances, policies, and inspection methods to meet new requirements.

Building Inspection Supervisor | City of Rancho Cucamonga | 2010-2015 Supervised and trained building inspection staff, developed inspection related policies and guidelines for the department, conflict resolution and code interpretations.

Building Official | City of Norco | 2006-2011
Supervised staff coordination with cities, agencies and the public on various technical or legal aspects of programs.

Performed the most complex and difficult plan checks for both building and fire life safety. Reviewed the new and 103
Item 4.

MARK BERG, CBO, ICC – Building Official / Plans Examiner / Building Inspector / Master Code Professional
BPR
existing codes and regulations and recommended revision to current ordinances, policies, and inspection methods to meet new requirements. Investigated violations of building construction codes and determined necessity for issuance of legal complaints.

Building Division Manager | County of Riverside | 2001-2006 Handled difficult public relations problems, directs investigations of complaint or problems, and recommends resolutions. Assisted in arranging and conducting classroom and on-the-job training sessions for the technical personnel and counter staff. Supervised the plan examination process, inspections, documentation activities and the development process.

Plans Examiner-Sr. Building Inspector | City of Temecula | 1991-2001 Oversee the plan examination process, inspections, documentation activities and the development review process.

Provided code interpretations and developed technical documents. Performed the most complex building code compliance plan reviews.

PROFESSIONAL AFFILIATIONS
 CALBO – Damage Assessment Committee, State Building Codes Committee  CACEO – California Association of Code Enforcement Officers  CEC – California Energy Commission
 ICC – Administrative Committee
 NFPA –National Fire Prevention Association, Building Systems Committee  IAPMO – Code Interpretation Committees for UPC, UMC
 JAEI – Journal of Ancient Egyptian Interconnections
 City of Riverside Parks, Recreation, and Community Services Commission 104
Item 4.

BPR

EDUCATION
 Consumnes River College – Building
Inspection Technology
 Yuba College – Course work in
Pesticide Applications

CERTIFICATIONS
International Code Council 5087217
 ICC Certified Building Official
 ICC Building Code Specialist B8
 ICC California Building Plans
Examiner I6
 ICC California Residential
Combination Inspector J5
 ICC California Residential Inspector
J1
 ICC California Residential Electrical
Inspector J2
 ICC California Residential Plumbing
Inspector J3
 ICC California Residential
Mechanical Inspector J4
 ICC California Commercial Building
Inspector I1
 ICC California Commercial Plumbing
Inspector I3
 ICC California Commercial
Mechanical Inspector I4
 ICC Accessibility Inspector / Plans
Examiner
 ICC Plumbing Inspector P5
 ICC Building Inspector B5
 ICC Building Inspector UBC
 ICC Mechanical Inspector M5
 ICC Mechanical Inspector UMC
 ICC Building Plans Examiner B3
 ICC Plumbing Inspector UPC
Tim Scott, CBO, ICC
BUILDING OFFICIAL  PLANS EXAMINER  BUILDING INSPECTOR For the past 20 years Tim as provided building safety services on behalf of Northern California communities. Tim served as theDeputy Building Official, Plans Examiner and Building Inspector for the City of Davis, City of Elk Grove and the County of Sacramento. His experience as a Deputy Building Official exposed him to the many facets of managing a Building Department and allowed him to develop the exceptional organizational and management skills necessary to provide superior services to the communities he serves.

Tim’s experience includes plan review and inspection for all types and sizes of projects including residential, multi-family, commercial, institutional, and industrial projects. He is familiar with multiple permit tracking software systems utilized by jurisdictions and has managed all facets of building department services. Tim currently utilizes his skills as a Building Official, Plans Examiner and Building Inspector to benefit Northern California communities.

PROFESSIONAL HISTORY
Building Official / Plans Examiner / Building Inspector  BPR Consulting Group  2021 – Present
Tim provides Building Official, plan review and inspection services to Cities and Counties throughout Northern California. Tim’s responsibilities also include meeting with clients to ensure that expectations are being met and maintaining client relationships.

Assistant Chief Building Official / Sr. Plans Examiner  City of Davis  2008 – 2019
Tim’s role included management ofthe City of Davis’s Building Department, supervising inspection and plan review staff. Tim over-saw the plan review department to ensure that plan reviews were being completed in a timely and consistent manner. Tim also coordinated plan reviews performed by outside consultants and provided quality control of the consultants reviews.

Assistant Building Official / Sr. Plans Examiner Consultant / City of Elk Grove2003 – 2008
Tim worked in the City of Elk Grove on a contract basis. Tim’s duties included assisting with management of the City’s Building Department including management of the City’s plan review department to ensure quality and consistency of the plan reviews. Tim began working in the City of Elk Grove early in the City’s formation and was instrumental in establishing policies and procedures for the City’s new Building Department.
105
Item 4.

Tim Scott, CBO, ICC – Building Official / Plans Examiner / Building Inspector BPR
Plans Examiner / Building Inspector County of Sacramento  2000 – 2003 Tim provided plan reviews and building inspection services for the County of Sacramento Building Department. Tim was responsible for a range of projects from small residential remodels to large complex commercial and industrial projects.

General Building Contractor Self Employed  1993 – 2000 As a self-employed general contractor Tim was responsible for coordination of all activities associated with a small business including client relations and managing all phases of construction for wood framed residential and commercial projects.

Carpenter / Foreman  Timberline Builders  1983 - 1993 Tim began working for Timberline Builders as a carpenter and worked his way up to the position of foreman where he supervised a crew of carpenters. Tim was responsible for quality assurance as well as the productivity of the crew.

PROJECT EXPERIENCE
Supervising Plan Examiner / Assistant Building Official  City of Elk Grove  2003 - 2008 As the Assistant Building Official and Supervising Plans Examiner Tim was instrumental in developing and implementing policies and procedures in the development of the City of Elk Grove’s Building Department. 106
Item 4.

BPR

EDUCATION
 Victor Valley College Inspection
Technology Certificate
 Pacesetter Schools Building
Inspections Certificate
 Gordon Copper Vocational
Technical School

PROFESSIONAL LICENSES AND

CERTIFICATIONS
ICC NO. 848507:
 ICC Building Inspector
 ICC Combination Inspector
 ICC Combination Inspector - Legacy
 ICC Electrical Inspector
 ICC Mechanical Inspector
 ICC Mechanical Inspector UMC
 ICC Plumbing Inspector
 ICC Plumbing Inspector UPC
 ICC Master Electrician (NV)
000-001221
 OSHA 10 & 30 Training
 ATC 20 Post Disaster Training

RICHARD MADDOX, ICC

ELECTRICAL PLANS EXAMINER
Richard brings over 25 years of experience in all aspects of plan review and building inspections. Richard provides accurate and complete electrical plan reviews of residential and commercial buildings. While working for Clark County, Richard represented his department for multiple years at all electrical industry events such as IAEI, IEEE, AGC, NEMA, ABC, SNHBA and IBEW. Richard maintains his electrical plan review and inspection skills by regularly participating in industry and code related training and attending electrical safety and electrical industry symposiums

PROFESSIONAL HISTORY
Electrical Plan Review  BPR Consulting Group  2021 –
Present
Richard provides electrical plan reviews for residential and commercial projects for compliance with the California Electrical Code, California Energy Code requirements as well as local codes and ordinances.

Building Inspector and Plans Examiner | Consulting Firm | 2013-2021
Provided electrical plan review and inspections for residential and commercial buildings for compliance with California Electrical Code and Energy Code requirements, local codes, policies, amendments, and ordinances.

Supervising Building Inspector, Electrical Specialist | Clark County, Nevada | 2003-2012
Supervised a staff of 15 inspectors. Assisted customers in addressing problems and concerns with compliance issues on code-related matters.

Assisted with plan checking for complex projects and conflict resolution.

Participated in budget planning, budget review and long-range planning.

Building Inspection Specialist | Clark County, Nevada | 2000-2003 Developed an education program for inspectors. Researched, authored and maintained the department’s electrical policies, procedures and inspection technical guidelines. Represented the department to the local utility on all electrical related issues. Represented the department at all electrical industry meetings such as IAEI, IEEE, AGC, NEMA, ABC, SNHBA and IBEW.

Senior Building Inspector | Clark County, Nevada | 1997-2000 Combination inspection of single family and commercial occupancies for code compliance. Maintained an inspection record in the field and office. Investigated complaints and issuance of enforcement actions. Assisted all customers in addressing problems and concerns on compliance issues on all code-related matters related to active permits.

Combination Inspector | Clark County, Nevada | 1995-1997 Combination inspection of single family and commercial occupancies for code compliance. Maintained an inspection record in the field and office. Investigated complaints and issuance of enforcement actions. 107
Item 4.

RICHARD MADDOX, ICC – Electrical Plans Examiner
BPR

PROFESSIONAL AFFILIATIONS
 International Association of Electrical Inspectors
 2010 International President
 2006 Southwestern President
108
Item 4.

BPR

CERTIFICATIONS
 IAPMO Certified Plumbing Inspector,
030666
 IAPMO Certified Mechanical
Inspector, 090146
 CA LEED Certified, LEED AP BD+C,
10436985
 Certified Access Specialist, CASp-439
International Code Council, 1061008
 ICC Building Code Official
 ICC CA Residential Building,
Plumbing, Mechanical,
Combination, Electrical Inspector
 ICC Certified Building Official
 ICC CA Commercial Building,
Plumbing, Electrical, Combination,
Mechanical Inspector
 ICC Building, Electrical,
Combination, Mechanical , Plumbing
Inspector
 ICC CA Combination Inspector
 ICC Mechanical UMC
 ICC Building Plans Examiner
 ICC Plumbing Inspector UPC
 ICC CA Building Plans Examiner
 ICC Combination Inspector – Legacy
 ICC Building Code Specialist
 ICC Commercial Combination
Inspector

PROFESSIONAL AFFILIATIONS
 International Code Council,

RICK WALTERS, CASp, LEED, CBO, ICC
BUILDING OFFICIAL | CERTIFIED ACCESS SPECIALIST | SENIOR

INSPECTOR
Rick has over 30 years of experience in the construction industry with over 30 of those years in the Building Inspection industry. Rick has experience as a building official and inspector. He has provided senior inspector services in disaster zones for floods and wildfires which required communication with the National Guard, elected officials and law enforcement. Additionally, Rick is experienced in inspection management, council meetings, planning meetings, city and county design review meetings, field inspections, permit tracking and issuance, record keeping, construction techniques, and office procedures.

Rick has provided inspection services for over 25 different City, County, State and Military installations. He inspected services of a Wildfire Disaster Zone involving over 100 structures and provided Flood Zone inspections for over 1,100 homes. He provided Chief BuildingOfficial services to the Cities of Dixon, Calistoga, Yountville, St. Helena, Gridley, Auburn and Woodland.

PROFESSIONAL HISTORY
Chief Building Official | Certified Access Specialist | Senior Inspector / BPR Consulting Group / 2021 - Present
Rick provides Building Official, building inspection, plan review, CASp review and inspection services for several clients in Northern California.

Chief Building Official | Certified Access Specialist | Senior Inspector / Interwest Consulting Group / 2014 - 2021
Performed Building Official, building inspection and plan review services for various Northern California municipalities, as well as providing CASp plan review and inspection services.

Inspection Services / Bureau Veritas | Beale Air Force Base, CA / 2012 - 2014
Rick provides full inspection services for military housing at Beale Air Force Base. Inspections of single family homes and duplexes include foundation, framing, mechanical, plumbing, electrical, and final inspections. Daily and weekly reports are compiled listing any deficiencies or items needing repair/replacement.

Fill-In Building Inspection Services / Bureau Veritas, CA / 2011 - 2012 Rick has provided fill-in building inspection services during staff vacations, sick-time, and periods of high-workload for the Cities of West Sacramento and Napa. He has inspected residential and commercial structures for compliance with all applicable building codes and local ordinances.

Building Inspection Services Manager / City of Woodland, CA / 2008 - 2011 Rick oversaw the inspection program for the City of Woodland. He managed and directed the inspectors on staff as well as performed inspections for residential, commercial, and industrial facilities. 109
Item 4.

Rick Walters, CBO, CASp, LEED, ICC – Building Official / Certified Access Specialist / Senior Inspector
BPR
Senior Building Inspector / City of Woodland, CA / 2007 - 2008 As a Senior Building Inspector in the City of Woodland, Rick performed inspections and building plan code compliance reviews for residential, commercial, and industrial projects including hotels, industrial construction and multiple housing tracts. Other job duties included permit tracking and issuance as well as record keeping.

Interim Building Official / City of Woodland, CA / 2006 - 2007 Senior Building Inspector / City of Woodland, CA / 2004 - 2006 Senior Building Inspector / City of Auburn, CA / 2004
Interim Building Official / City of Auburn, CA / 2003 – 2004 Senior Building Inspector II / City of Auburn, CA / 1999 – 2004 Building Inspector II / County of Yuba, CA / 1990 – 1999 Building Inspector I / County of Yuba, CA / 1989 - 1990 110
Item 4.

BPR

EDUCATION
 Gavilan College, Certificate
 Evergreen Valley College, Certificate

PROFESSIONAL LICENSES AND

CERTIFICATIONS
 ICC Certified Permit Technician,
8821141

STACEY BARKER

PERMIT TECHNICIAN / ADMINISTRATIVE SUPPORT
Stacy is an ICC Certified Permit Technician with six years of experience providing services to multiple Northern California municipal clients. In addition to her technical abilities, Stacy has excellent customer service skills that help her to work well with applicants and City staff. She is efficient in the use of the GreenVue’s Digital Permit Suite, Accela Automation, Community Core, as well as other municipal tracking systems.

PROFESSIONAL HISTORY
Permit Technician | BPR Consulting Group | 2021 – Present Primary responsibilities include providing permit technician services to Norther California municipal clients and customer assistance to the general public. Processes documents and reports and directs them to the appropriate department/person. Stacy facilitates a positive productive working environment and maintains clear communication within the office.

Inspection Analyst | UC Merced | 2016 – Present
Primary responsibilities included provided administrative support to our consulting staff and customer assistance to the general public. Processed documents and reports and directed them to the appropriate department/person.

Stacy has workedon the UC Merced 2020 Project assisting in all facets of permit technician services. Stacy facilitated a positive productive working environment and maintains clear communication within the office.

Permit Technician | City of Foster City | 2015
As a Permit Technician for consulting firms, Stacy received and reviewed building applications from customers; assessed scope of project and relevant permit requirements; educated customers regarding necessary permits and general code compliance of their proposed projects. She verified that projects obtained all necessary approvals; verified professional and contractor licensing; calculated and verified valuations and fees; accepted payments and issued permits as authorized. Stacy maintained records and prepared reports as required. She assisted in completing permit applications by explaining building permit requirements; assisted and advised customers in matters relating to building requirements and status of submitted projects. She tracked plan check applications from submission to approval; routed plan checks to appropriate departments and updated applicants on status of their applications. Stacy also calculated fees for permits; logged inspections request and prepared field files for daily inspections for building inspectors; assisted building inspectors in coordinating inspection requests; and performed clerical duties for the building department. She prepared monthly reports for the Assessor’s Office and Construction Monitor and prepared monthly billings.

PROJECT EXPERIENCE
2020 Project Expansion  University of California, Merced  2016 - 2020 Inspection Analyst| Stacey provided administrative support to our consulting staff and customer assistance to the general public. Processed documents and reports and directed them to the appropriate department/person. 111
Item 4.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND CITY COUNCIL MEMBERS
FROM: DAWN NEVERS, ASST COMMUNITY DEVELOPMENT DIRECTOR
RE: PLAN REVIEW SOFTWARE SUBSCRIPTION AGREEMENT
DATE: APRIL 19, 2022

SUMMARY
The Council may consider approving a subscription agreement with Bluebeam, a Nemetschek Company, for a one-year building plan review software subscription software.

DISCUSSION
On November 2, 2021, the Oroville City Council approved the purchase of EnerGov software through Tyler Technologies to enhance the City’s services. This purchase includes a component for the Community Development Department for permits, plan review and code enforcement. The software package will also include the Bluebeam plan check software that will streamline the plan review process and reduce paper submissions.

The EnerGov software for Finance is in progress of development and implementation and is anticipated to be completed in spring of 2023. Tyler Technologies will then begin working on the Community Development portion of the software that will go live the end of 2023. In the meantime, staff would like to subscribe to Bluebeam to benefit both developers and contractors as well as giving staff an early start at learning the software prior to implementation.

The annual subscription for the software for 10 users (building, planning and engineering) is $6,820.00. Once EnerGov is launched, the Bluebeam subscription will be cancelled.

FISCAL IMPACT
Annual contract of $6,820.00. This cost will be paid out of the Building, Planning, and Engineering Departments software budget.

RECOMMENDATION
Approve the Mayor to sign a contract with Bluebeam, a Nemetschek Company.

ATTACHMENTS
Software quote and agreement
112
Item 5.

113
Item 5.
not an invoice
not an invoice
Quote
Quote #: Q-12096-
Generated: 29 Mar 2022
Expires: 28 Apr 2022
Bluebeam, Inc.
443 S. Raymond Ave.

Pasadena, California 91105-2630
United States
1-866-496-2140
Contact: [email protected]
Bill To:

City of Oroville
1735 Montgomery Street
Oroville, CA 95965
US
[email protected]
Ship To:

City of Oroville
1735 Montgomery Street
Oroville, CA 95965
US
[email protected]
Terms: Net 30
Currency: USD
Item Description Qty Unit Price Amount

Revu Standard

Perpetual Software for creating, editing and sharing PDF documents, Standard Edition
10 $349.00 $3,490.00

Revu Standard Maintenance

Subscription valid for:
29 Mar 2022 - 28 Mar 2023
Annual Subscription for premium support and software
upgrades
10 $99.00 $990.00

Studio Prime Tier 1

Subscription valid for:
29 Mar 2022 - 28 Mar 2023
Annual subscription, Studio advanced administrative
functionality and third party software integrations, 1-100 Users
1 $2,340.00 $2,340.00

Subtotal: $6,820.00
Total Tax: $0.00
Total: $6,820.00
Tax is estimated. If you have any taxrelated questions or your organization is tax exempt, please reach out to us at
[email protected].

TO PURCHASE VIA CREDIT CARD
Please call 1-866-496-2140, option 1. Have
this quote ready to reference.

TO PURCHASE VIA CHECK
Please send us a purchase order (net 30
terms only) to [email protected] to
receive an invoice. We cannot accept
checks without a purchase order
114
Item 5.

CONFIDENTIAL

STUDIO PRIME

LICENSE AND SUBSCRIPTION AGREEMENT
This Studio Prime License and Subscription Agreement (the “Agreement”) is entered into by and between Bluebeam, Inc. (“Bluebeam”) and the undersigned (“Licensee”) and made effective as of the date signed by Bluebeam below.

1. DEFINITIONS.
a. “Documentation” includes the Studio Terms of Use (www.bluebeam.com/studio/termsofuse), this Agreement, Bluebeam’s Privacy Policy (www.bluebeam.com/legal/privacy-policy), and the documentation published by Bluebeam on its website (www.bluebeam.com) with regard to the Studio Prime services.
b. “Licensed User” means Licensee or any employee, agent or other individual that Licensee has duly authorized to access and use the Software pursuant to the applicable end-user license agreement for the Software.
c. “Prime Administrator” means one or more persons designated by Licensee to administer Licensee’s Studio Prime Account.
d. “Prime Collaborator” means any Studio User who is invited by a Prime Member to be an Attendee in a Project or Session as such terms are defined in the Studio Terms of Use. e. “Prime Member” means a Licensed User who is invited by a Prime Administrator to join Licensee’s Studio Prime Account. Upon the Licensed User’s acceptance to join a Studio Prime Account, that licensed User’s Studio account becomes a managed account under the Studio Prime Account to be managed and controlled by Licensee.
f. “Prorated Subscription Fees” mean the Subscription Fees in effect on the date the User Level is increased that is prorated over the remainder of the Initial Term or Renewal Term, as applicable. g. “Software” means the Revu® software application for editing, managing, marking-up, designing and sharing PDF documents.
h. “Studio” means a cloud-based collaboration platform accessible via the Software that connects Studio Users and gives them the ability to communicate and markup and review documents in real-time. i. “Studio Prime” means the optional, paid subscription service that provides Licensee with advanced administrative functionality and visibility over the Licensed User’s Studio usage activity and access to third party application integrations.
j. “Studio Prime Account” means the account created for Licensee upon the execution of this Agreement. k. “Studio User” means any individual who has established a Bluebeam user account, has agreed to the Studio Terms of Use, and thereafter accesses and uses the Studio services. l. “Subscription Fees” are the annual subscription fees charged by Bluebeam for access and use of Studio Prime.
m. “User Level” means a combination of Licensee’s Prime Administrators and Prime Members.

2. LICENSE TO USE STUDIO PRIME. Subject to Licensee’s acceptance of and on-going compliance with this Agreement, Bluebeam grants Licensee a limited, non-sublicensable, non-transferable, non-exclusive, revocable right and license to access and use the Studio Prime services during the Initial Term and any applicable Renewal Term in accordance with the Documentation. The Studio Prime services may only be used by Licensee and Licensee’s Prime Administrator, Prime Members and Prime Collaborators and only for Licensee’s own lawful business purposes.

3. RESERVATION OF RIGHTS. All right, title, and interest in and to Studio Prime and the related services and Documentation, including, without limitation, all copyrights, patents (whether pending or issued), trade secret rights, trademarks, and other intellectual property, are owned and retained by Bluebeam. All rights not expressly granted or licensed to Licensee herein are reserved. 115
Item 5.

Studio Prime License & Subscription Agreement CONFIDENTIAL Page 2 of 4 Updated 01/12/2021

4. GENERAL TERMS.
a. Modifications. Bluebeam reserves the right to revise, modify or update Studio Prime from time to time in its sole discretion to add new features or functionality or modify existing features or functionality. b. User Level Restrictions. Licensee may only have such number of Prime Administrators and Prime Members access and use Licensee’s Studio Prime account that equals the User Level paid for by Licensee. Licensee may increase the User Level at any time upon written notice to Bluebeam and payment of the Prorated Subscription Fees. Licensee may decrease the User Level upon written notice to Bluebeam made at least thirty (30) days prior to each applicable Renewal Date. Any such decrease shall be effective on the Renewal Date for the following Renewal Term.
c. Prime Administrators. Licensee acknowledges and agrees that Prime Administrator are solely responsible for (a) inviting Studio Users to become Prime Members or Prime Collaborators; (b) managing all Prime Member and Prime Collaborator accounts (including, without limitation, access and permissions to Projects and Sessions for which they are Attendees); (c) assign, create, modify and remove Prime Member and Prime Collaborator permission and restrictions; (d) managing and controlling all content (including, without limitation, Project Files and Sessions Files) created or uploaded into or used in connection with the Studio Prime Account.
d. Prime Members. Licensee acknowledges and agrees that it shall inform and instruct all Prime Members under Licensee’s Studio Prime Account of the following: (a) the Prime Member’s Studio account will be under the exclusive control of the Prime Administrator; (b) the Prime Administrator can and will access the account and related content, create and modify permissions related to the account and otherwise monitor the Prime Members usage of the account; and (c) the Prime Member may only have one Studio account, which is the Prime Member account.

5. SUBSCRIPTION FEES AND PAYMENT TERMS.
a. Subscription Fees. Licensee agrees to pay the Subscription Fees in effect on the Effective Date for the Initial Term. Licensee further agrees to pay the Subscription Fees in effect on each Renewal Date for each applicable Renewal Term unless Licensee has terminated this Agreement pursuant to Section 6 below.

Provided there is a change in the User Level during the Initial Term or any Renewal Term, Licensee agrees to pay Bluebeam the Prorated Subscription Fees.
b. Payment Terms. Bluebeam shall invoice Licensee for the Subscription Fees and Prorated Subscription Fees, if applicable, and Licensee agrees to pay all such invoices on Net 30 day terms. Subscription Fees and Prorated Subscription Fees are non-transferable and non-refundable. c. Past Due Accounts. Failure to make any payment required hereunder within forty-five (45) days of the Renewal Date will cause this Agreement to terminate without notice and further access to the Studio Prime services will cease.

6. TERM AND TERMINATION.
a. Term. This Agreement shall commence upon the Effective Date and continue for a period of one (1) year (the “Initial Term”). The Initial Term shall renew for additional periods of one (1) year (each a “Renewal Term”) upon Licensee’s payment of the Subscription Fees on or before the Renewal Date or according to the terms of the applicable invoice Bluebeam provides to Licensee. Unless otherwise notified in writing at least thirty (30) days prior to each Renewal Date, this Agreement shall renew at the same User Level as the Initial Term or previous Renewal Term as applicable. The Initial Term and all Renewal Terms are collectively referred to herein as the “Term”. The “Renewal Date” is the date that is one (1) year following the Effective Date and each annual reoccurrence thereof. b. Termination. This Agreement may be terminated (a) by either party providing written notice of termination to the other party at least forty-five (45) days prior to the end of the Initial Term or any applicable Renewal Term; or (b) pursuant to the terms of Section 5.c.; or (c) pursuant to the terms of Section 7.
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Studio Prime License & Subscription Agreement CONFIDENTIAL Page 3 of 4 Updated 01/12/2021
c. Effective of Termination. Upon the termination of this Agreement, the license provided herein and Licensee’s access and use of the Studio Prime services shall immediately cease.

7. RIGHT TO AUDIT. Bluebeam reserves the right to periodically conduct audits of Licensee’s use of the Studio Prime services to verify compliance with the terms of this Agreement (each an “Audit”). Licensee shall be given no less than ten (10) days prior written notice of Bluebeam’s intent to conduct an Audit. Audits will be conducted during Licensee’s normal business hours and will occur no more than once in any twelve (12) month period. In the event an Audit shows that Licensee’s actual use of the Studio Prime services exceeds the User Level paid for, Bluebeam shall have the right to immediately invoice Licensee for the unauthorized use, including applicable late fees and interest at the legally allowable rate, and the reasonable costs of the Audit.

If Licensee fails to pay such invoice on Net 15 day terms, Bluebeam may terminate this Agreement in additional to all other remedies that may be available to it in law or in equity.

8. DISCLAIMERS OF WARRANTY; LIMITATION OF LIABILITY.
a. DISCLAIMER OF WARRANTIES. STUDIO AND STUDIO PRIME ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND WHATSOEVER. BLUEBEAM DOES NOT WARRANT THAT THE

FEATURES AND FUNCTIONS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. BLUEBEAM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS

OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, LACK OF VIRUSES,

ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSEE ACKNOWLEDGES THAT BLUEBEAM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. b. LIMITATION OF LIABILITY. OTHER THAN IN CONNECTION WITH A PARTY’S INDEMNIFICATION

OBLIGATIONS HEREUNDER, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO

EVENT SHALL LICENSEE OR BLUEBEAM BE LIABLE FOR ANY LIABILITY, LOST REVENUES, LOST PROFITS, OR

ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER OR

HOWEVER CAUSED ARISING OUT OF OR IN ANY WAY RELATED TO THESE SERVICES WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. CONFIDENTIALITY. This Agreement and the terms and conditions contained herein are strictly confidential and shall not be disclosed to any person, entity or third party except (a) as may be necessary to comply with applicable law or to confer with a financial, tax or legal advisor with regard to the subject matter of this Agreement, or (b) to either party’s employees who have a legitimate need-to-know and who agree to uphold the confidentiality obligations set forth herein.

10. GOVERNING LAW AND ARBITRATION. This Agreement shall be governed and construed in accordance with the laws of the State of California, excluding California’s choice-of-law principles, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of California, excluding California’s choice-of-law principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. Any controversy or claim, whether in law or in equity, arising out of or relating to this EULA, or the breach thereof, shall be settled by arbitration in Los Angeles County administered by JAMS in accordance with its Streamlined Arbitration Rules & Procedures, and judgment on the award rendered by the arbitrator(s) is final and not appealable and may be entered in any court having jurisdiction thereof.

11. CONTROLLING LANGUAGE. This Agreement has been prepared in the English language and the English language shall control its interpretation. All notices to be provided by either party hereto shall be in the English language. In the event of any conflict between the English language version and any translation of this EULA that may be provided for convenience only, the English language meaning shall control. 117
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Studio Prime License & Subscription Agreement CONFIDENTIAL Page 4 of 4 Updated 01/12/2021

12. NOTICES. Any notice or other communications required by this Agreement shall be in writing and sent as follows: If to Licensee to the Prime Administrator via email.

If to Bluebeam via email to [email protected].

Notices will be considered given and received the date an email is sent unless the actual date sent is not a business day (based on the recipient’s time zone) then the next business day in the jurisdiction in which the recipient is located shall be considered the date of delivery.

13. NO ASSIGNMENT. This Agreement may not be transferred or assigned, voluntarily, by operation of law or otherwise, without Bluebeam’s express written consent which may be withheld, delayed or conditioned in the sole discretion of Bluebeam. Provided Bluebeam grants such consent, this Agreement shall be binding upon the assignee in the same manner that it is binding upon Licensee.

IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their respective authorized representatives.

For and on behalf of Licensee:

Licensee’s Address:

Signed:

Print Name: Title:

Date Signed: Telephone:

Email:

Prime Administrator Information:

Licensee is required to name a Studio User as the Prime Administrator and the account to which this Studio Prime license will be established. It can be changed by Licensee at a later time.

Name:

Telephone:

Studio User ID:

For and on behalf of Bluebeam, Inc.

A Delaware corporation located at 443 S. Raymond Avenue, Pasadena, California 91105 USA Signed:

Print Name: Title:

Date Signed: Telephone:
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND CITY COUNCIL MEMBERS
FROM: DAWN NEVERS, ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR RE: AUTHORIZATION TO AWARD CONTRACT FOR TREE PRUNING

SERVICE
DATE: APRIL 19, 2022

SUMMARY
The Council may award a contract for tree pruning services within the City’s public right of way to P31 Enterprises, Inc. in an amount not to exceed $1,595.00 per day or $120,000.00 annually.

DISCUSSION
The City of Oroville has been contracting with qualified tree trimmers for two years now. The RFP and tree pruning services provided relief to the Parks and Trees Department while eliminating many safety issues within the Cities tree inventory. The City Arborist reviewed all work performed over the last two years and is satisfied with the work the completed work to date.

Staff published a Request for Proposal on March 7, 2021 with a Mandatory Walk Though on March 21, 2022 at 9:00am at City Hall. Four (4) bids was received by the closing date of April 7, 2022 for the public bid process. The bids ranged from a high bid of $3,525.00 per day to a low of $1,595.00 per day. See attached bid opening sheet for a list of all bids.

The low bidder is P31 Enterprises, Inc. at $1,595.00 per day.

FISCAL IMPACT
The funds in the amount of $120,000 are budgeted in 2021/2022 Parks & Trees Operations Account No. 3112-6360 – Outside Services.

RECOMMENDATION
Authorize Staff to award the bid and sign a contract for tree pruning services within the City’s public right of way to P31 Enterprises, Inc.
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ATTACHMENTS

1. Bid Summary / Opening date

2. Submitted Bid form

3. Agreement
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AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of April 19, 2022, by and between the City of Oroville, a municipal corporation ("City") and P31 Enterprises, Inc. Tree Service ("Contractor").

RECITALS
A. The Contractor is specially trained, licensed, experienced and competent to provide tree trimming services to the City of Oroville as required by this Agreement.

B. The Contractor possesses the skill, experience, ability, background, license, certification, and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

B. City desires to retain the Contractor to render the professional services as set forth in this Agreement.

AGREEMENT

1. Scope of Services. The Contractor shall furnish the following services in a professional manner. Contractor shall perform the scope of services described in Exhibit "A", which is attached hereto and incorporated herein by reference.

2. Time of Performance. The services of Contractor are to commence upon execution of this Agreement and shall continue until the funds are exhausted, unless subsequently amended by the parties, or until cancelled by either party.

3. Compensation. Compensation to be paid to Contractor shall be in accordance with the Daily Cost Estimate described in Exhibit "A", which is attached hereto and incorporated herein by reference. In no event shall Contractor's total compensation exceed the amount of One Hundred and Twenty Thousand Dollars ($120,000). Payment by City under this Agreement shall not be deemed a waiver of defects
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in Contractor's services, even if such defects were known to the City at the time of payment.

4. Method of Payment. Contractor shall submit monthly billing to City describing the work performed during the preceding month. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than 30 days after approval of the monthly invoice by City staff and upon receipt of funds through the funding agreement as outlined in Paragraph 3.

5. Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of Contractor's services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without prior written authorization from City.

6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon fifteen (15) days' written notice of termination. Upon termination, Contractor shall be entitled to compensation for services properly performed up to the effective date of termination.

7. Contractor's Books and Records
a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for 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 Contractor under this Agreement. 00070616.1
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b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of theAgreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Administrator, City Attorney, City Finance Director, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at 1735 Montgomery Street, Oroville, California when it is practical to do so.

Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment, or termination of Contractor's business, City may, by written request by any of the above named officers, require that custody of the records be given to the City and that documents be maintained by City Hall.

8. Independent Contractor. It is understood that Contractor, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City.

Contractor shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Contractor hereby expressly waives any claim it may have to any such rights.

9. Interest of Contractor. Contractor (including principals, associates, and professional employees) covenants and represents that it does not now have any 00070616.1
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investment or interest in real property, and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor:
a. will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation, or counsel independent of the control and direction of the City or any City official, other than normal agreement monitoring; and
b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation, or counsel. (FPPC Reg. 18700(a)(2).)

10. Professional Ability of Contractor. City has relied upon the professional training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Contractor's field of expertise.

11. Compliance with Laws. Contractor shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations, including the terms of the applicable O.S.H.A., ANSI Z133 Safety Requirements and CAL E.P.A. Safety Orders.

12. Licenses. Contractor represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are 00070616.1
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legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance, and approvals which are required by the City for its business.

13. Indemnity. To the maximum extent available by law, Contractor agrees to defend, indemnify, and hold harmless the City, its officers, officials, agents, employees, and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising from its performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, including PrevailingWage requirements.

14. California Labor Code. Requirements. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. The Services herein are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, therefore, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Contractor shall therefore comply with such Labor Code sections to the fullest extent required by law. It shall be mandatory upon the Contractor and all subcontractors to comply with all 00070616.1
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California Labor Code provisions, which include but are not limited to prevailing wages, employment of apprentices, hours of labor and debarment of contractors and subcontractors.

The Services herein are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements.

15. Verification of Employment Eligibility. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and subsubcontractors to comply with the same.

16. Insurance Requirements. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the Agreement, the insurance coverage and policies as set forth in Exhibit "B" attached hereto.

17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
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If to City: Director of Community Development
City of Oroville
1735 Montgomery Street
Oroville, CA 95965
Ifto Contractor: P31 Enterprises, Inc.
4288 State Highway 70
Oroville, CA 95965

18. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations are superseded in total by this Agreement.

19. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the CityAttorney.

20. Assignments and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience, and competence of Contractor. Assignments of any or all rights, duties, or obligations of the Contractor under this Agreement will be permitted only with the express prior written consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. 00070616.1
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21. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision underthisAgreement.

22. 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.

23. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Butte, or in the United States District Court, Eastern District of California.

24. Litigation Expenses and Attorneys ' Fees. If either party to this Agreement commences any legal action against the other part arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.

25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

26. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority, to make this Agreement and to bind each respective party.
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27. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

28. Equal Opportunity Employment. Contractor represents that is and equal opportunity employer and it shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, disability, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, ortermination. [SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF OROVILLE P31 Enterprises, Inc.

By: _______________________________
APPROVED AS TO FORM:

By: ______________________________
Scott E. Huber, City Attorney
ATTEST:

By: _____________________________
City Clerk
ATTACHMENTS:

Lori Curtis
Title: ___________________________
Business License No.: _______________
Tax ID No.: ______________________
Exhibit A Scope of Services and Cost Estimate
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4 SPECI FICATIONS
For
TreeTrimming Services
For
City Street Trees and Public right of way Trees
SCOPE:

A. The "City Representative" shall refer to the City's Parks and Trees Supervisor, or his or her designee. The terms "Contract" shall refer to the contract entered between City and the selected Contractor.

B. The Contractor shall take a proactive approach in correcting problems within the Contractors' span of responsibility and control. Other problems and suggestions for improvements, both short and long term, must be submitted promptly to the City Representative for appropriate action.

C. Contractor's employees shall wear proper protective clothing, and their clothing shall bear their business name or be unmarked. When needed, the Contractor's staff will utilize rain gear, rain boots, safety shoes, and other high visibility and protective equipment. All contracted employees while on the site shall exhibit a professional appearance. Contractor's equipment and vehicles shall also be professional in appearance and be well maintained for safe operation.

D. In order to submit a bid for Routine Work, the Contractor must have a maintenance yard in the Oroville Area, Shall have a Certified Arborist on Staff and have Ariel trucks in their work fleet
E. Scheduled operations for residential zones shall commence no earlier than 7:00 A.M. and shall be completed each day no later than 6:00 P.M. The use of power equipment or other work close to residential areas that results in noises shall not be permitted before 8:00 AM or after 5:00 PM. Work along major arterial streets may be subject to additional time restrictions
F. Any private property or City property damaged or altered in any way during the performance of the work under this contract shall be reported promptly to the City Representative and shall be rectified in an approved manner back to its condition prior to damage, at the Contractor's expense, within 72 hours. Any hazardous conditions noted, or seen, by the Contractor that have occurred by any means other than during the performance of the Contractor's work, whether by vandalism or any other means, shall be promptly reported to the City Representative. The Contractor is responsible for securing any immediate hazards with caution tape, safety cones, and/or barricades until a City Representative arrives to the location.
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5 G. Contractor agrees to perform all work outlined in the Contract in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all City, County, State or other legal requirements including, but not limited to, full compliance with the terms of the applicable O.S.H.A., ANSI Z133 Safety Requirements and CAL E.P.A. Safety Orders at all times so as to protect all person, including Contractor's employees, agents of the City, vendors, members of the public or others from foreseeable injury, or damage to their property.

Contractor shall cooperate fully with City in the investigation of any accident, injury or death occurring on City property, including a complete written report thereof to the City Representative within twenty-four (24) hours following the occurrence.

H. The Contractor will be permitted to reduce traffic to one through lane except on arterial or collector streets. On arterial or collector streets, the Contractor shall maintain traffic as directed by the City Representative. All traffic control shall conform to the requirements of the California Manual on Uniform Traffic Control Devices (CAMUTCD), Revision 3 for construction and maintenance work zones. Contractor at its own expense shall ensure proper signage, as approved by the City Representative, during lane closures. Traffic Control may include: lights, flares, signs, temporary railings, flag person(s), or other devices as required by the City Representative. It shall be the Contractor's responsibility to post no parking areas as required to perform work.

Barricades can be provided by the City, if available, for pickup at the City Corporation Yard. Arrangements for signs and barricades can be made by verbal or written request to the City Representative five working days in advance of the need for signs and barricades. Full compensation for conforming to the requirements of this Section including Traffic Control shall be considered as included in the contract prices paid for the various items of work and no separate payment may be made.

I. Adjacent property and improvements shall be protected from damage and intrusion at all times during the execution of the work embraced herein. Any damage to adjacent properties shall be repaired or replaced by the Contractor at its sole expense.

Work shall be carried out in a manner to avoid all conflicts with use of and access to adjacent properties.

J. During the progress of the work, if latent physical conditions are encountered at the site differing materially from those indicated in the Contract, or if unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract are encountered at the site, the party discovering such conditions shall promptly notify the City Representative in writing of such specific differing conditions before they are disturbed and before the affected work is performed. Upon notification, the City Representative will investigate the conditions, and if the City Representative determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of the work under the Contract, an adjustment will be 146
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6 made, and the Contract modified in writing accordingly. The City Representative will notify the Contractor of his determination if an adjustment of the Contract is warranted in writing. No Contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has requested such in writing. No Contract adjustment will be allowed under provisions specified in this section for any effects on unchanged work .

K. Contractor shall invoice the City monthly in a form approved by the City representative. Invoicing shall include a detail of costs for work performed during the payment period, a summary of current invoice amounts, previous payments, and total payments to date. The Contractor shall provide monthly progress reports with the monthly invoices. These reports are to include the following information:

1. - Date of work performed

2. - Description of work performed

3. - Tree location (street address and side)

4. - Tree condition
L. Payment will be made for work satisfactorily completed as called for in the Contract. The City Representative shall inspect and notify the Contractor of any unsatisfactory work. Unsatisfactory work shall be corrected within 24 hours. Contractor or Contractor's representative shall meet with a representative from the City as requested by the City, during the life of the Contract, in order to inspect work performed.

Full compensation for conforming to the work of these specifications shall be considered as included in the Contract unit prices, or the proposed hourly rates and material markup, and no further payment may be made thereof. The Contract rates shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in completing the work as specified herein, and as directed by the City.

M. If City gives reasonable notice to Contractor, City may propose in writing changes to Contractor's work within the Scope of Services described. If Contractor believes any proposed change causes an increase or decrease in the cost, or a change in the schedule for performance, of the services, Contractor shall notify City in writing of that fact within five (5) days after receipt of written proposal for changes . Contractor may also initiate such notification, upon identifying a condition which may change the Scope of Services as agreed at the time of execution of this Agreement covering such Scope of Services. When and if City and Contractor reach agreement on any such proposed change and its effect on the cost and time for performance, they shall confirm such agreement in writing as an amendment to this Agreement. In the event the Parties cannot reach agreement as to the proposed change, at the City's sole discretion, Contractor shall perform such work and will be paid for labor, materials, equipment rental, etc., used to perform the work. City shall not be liable for payment of any changes in this section, nor shall Contractor be obligated to perform any such changes, except upon such written amendment or supplement; provided that if, upon City's written request, Contractor begins work in accordance with a proposed change, City 147
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7 shall be liable to Contractor for the amounts due with respect to Contractor's work pursuant to such change, unless and until City notifies Contractor to stop work on such change Any additional work requested once the not-to-exceed amounts for the term of the Contract have been reached will require a formal amendment to the Contract.

N. Rates shall include all direct and indirect costs. For labor or equipment not listed in the Bid Proposal which is needed to perform additional work, the hourly rate shall be agreed upon between the City and Contractor before the services are performed.

0. Routine work shall be scheduled with the City Representative and must be performed within the prescribed amount of time. Itwill be necessary to perform some of the assignments on weekends (Saturdays and Sundays) or during nighttime hours due to the location of the work to be performed. The necessity of this will be determined by the City Representative. Compensation for work completed on a weekend or at night will be in accordance with the State of California labor codes and based on normal working hour rates
P. The Contractor shall have experience conducting routine and emergency tree services over the past five (5) years and shall be duly registered and licensed with either a C61-D49 or C27-D49 license in the State of California. The Contractor's employees shall be subject to the following minimum requirements, skills, abilities and knowledge:

1. • Demonstrated knowledge of tree care and related operations.

2. • Current licenses for operation of equipment utilized by such employee.

3. • Ability to operate and maintain equipment in accordance with the manufacturer's recommendations

4. • Mechanical ability to make required operator adjustments to the equipment being used.

5. • Knowledge of safety regulations as they relate to tree care and traffic control.

6. • At all times during contracted tree maintenance activities, the firm shall have work crews on site that have a foreperson who can effectively communicate with residents and receive and complete instructions given by City staff and proper authorities. The City has the right to determine crew size for all City tree work assignments.

Q. It will be the responsibility of the Contractor to provide all equipment and labor as necessary to perform the work described in these documents in a safe, efficient, aesthetically pleasing, and legal manner. All equipment, vehicles, and tools must be kept in a clean and safe condition as directed by OSHA at all times during the Contract.

All vehicles that are used by the Contractor shall have the Contractor's company name, logo, and vehicle number on it. The Contractor shall always furnish and maintain sufficient equipment as necessary to perform the work of the Contract. Such equipment shall be subject to the inspection and approval of the City Representative. If the 148
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8 contractor is unable to consistently provide the necessary equipment to perform the work, it may be considered a breach of the Contract.

R. For all Routine Work the Contractor shall, with City approval, aggregate or collect tree work that needs to be performed so that work is performed on a reasonable number of trees on the same day (a standard work day is considered at least 8 hours of field work) to maximize efficiency. All scheduled work shall be preapproved by the City Representative. The City intends to only schedule routine maintenance when the tree contractor crew can fill up a standard work day
S. Tree Trimming and Pruning Standards:

Trimming and pruning operations shall be coordinated with the City Representative and meet the most current editions of the following benchmark standards:
 American National Standards Institute (ANSI) A300 Pruning Standards • ANSI Z133 .1 Safety Standards
• ISA Best Management Practices: Tree Pruning
To ensure that pruning is appropriate for the species and tree/site conditions, it is important to have a clear understanding of the specific needs of the tree and the objectives for pruning. Pruning objectives include the following:
• Improve structural strength and reduce failure potential • Provide clearance for pedestrians, vehicles, structures and low voltage utilities • Improve safety and security for residents and visitors • Repair structural damage from wind loading
• Improve aesthetic characteristics
• Reduce maintenance costs
• Prevent or mitigate a pest problem
Standard 1: All pruning cuts shall conform to ANSI A300 standards (Part 1: Pruning).

Do not make flush cuts or leave branch stubs. Cuts shall be made outside the branch collar in a manner that promotes callous growth to cover wounds.

Standard 2: Not more than 25% of the crown shall be removed within an annual growing season. The percentage of foliage removed shall be adjusted according to age, health, and species considerations. Up to 30% crown removal may be accepted for Ulmus parvifolia or other special species after consultation with the City Arborist.

Standard 3: Pruning equipment shall be sharp and sized appropriately for the pruning cut. Chainsaws shall not be used to remove branches 2" or less in diameter. Avoid the use of any pruning and climbing equipment that may cause damage to bark tissue.

Spikes (climbing spurs) shall not be used for climbing trees unless the tree is being removed. Pruning tools shall be treated with a disinfectant (such as Lysol) when pruning trees infected with a pathogen that may be transmitted (on tools) from one tree to another of the same species, such as elms (Ulmus spp.). Disinfectants should be used before and after pruning individual trees.

Standard 4: All persons engaged in tree pruning shall be familiar with each of the pruning types. Selection of the pruning type(s) shall be based on pruning objectives.

Refer to publication ISA Best Management Practices Tree Pruning for descriptions of 149
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9 pruning types. Clearance pruning that does not comply with Standard 2 shall be conducted only under the supervision of the City Arborist.

Standard 5: Heading cuts shall not be used when pruning mature trees, except in very limited cases with approval from the City Arborist. Whenever possible, use reduction cuts to reduce height and branch removal cuts (thinning cuts) to reduce branch end weights. When reduction and branch removal cuts are not possible (such as when interior lateral branches are not present) and tree hazard potential is high, then heading cuts may be needed, but their use should be minimized.

Standard 6: Clearance pruning shall be defined as to provide the following distances:
• Roadway- not less than 14' from road surfaces
• Sidewalk- not less than 7' from sidewalk surfaces
• Building- not less than 8' from vertical building surfaces • Roofs and street lights- not less than 1O' from building roof surfaces or street lamps • Utility and telecom drop lines- not less than 2' or sufficient clearance to prevent service interruption and vascular tree growth onto wires Standard 7: Wildlife Protection: Prior to the commencement of any work near any tree, each tree shall be visually surveyed, from all sides, for the sole purpose of detecting the presence of bird nests or wildlife of any type. If a nest is found and is determined to be active, there shall be no work of any type in the tree in which the nest is found without the written permission of the City's designated representative. At no time shall any nest or wildlife be removed from its location. If wildlife is accidentally displaced, the Contractor shall notify the City representative for assistance.

T. Prior to beginning City tree pruning, removal and maintenance work, the Contractor shall review with the City Representative various methods, tools, and work scheduling to be used on the project(s). Any structural weakness, decayed trunk or branches, split crotches or limbs and included bark discovered by the Contractor while trimming shall be reported to the City Representative for determination of action, as soon as it is discovered. When working on a tree, the Contractor shall be responsible for the removal of all vines entwined in the tree or around its trunk, and for the removal of sucker growth from tree trunks. Limbs over one inch in diameter shall be precut to prevent splitting or ripping bark. Removal from a tree of branches three and one-half inches (3.5") or larger in diameter shall be lowered by proper ropes to the ground.

Potentially damaging limbs that can damage property must be rope lowered. Any damage caused by dropping limbs shall be repaired within three (3) days at the Contractor's expense and to the satisfaction of the City Representative. All debris resulting from tree pruning operations shall be removed from the work site daily. A work zone shall be established and maintained for each tree trimming or other operation. The Contractor shall use all appropriate methods used in the field of tree trimming and tree maintenance for establishing and maintaining such work zone. No person other than members of the Contractor's work crew may be allowed to enter such work zone. If any person enters such work zone, the Contractor shall immediately cease all work and operation of all equipment until the work zone is clear. The Contractor agrees to provide 150
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10 the highest quality commercially accepted methods, procedures and controls for tree pruning, removal and maintenance consistent with the International Society of Arboriculture Pruning Standards (BMPs), ANSI A300 Standards and information in standard arboriculture industry references. This shall include the use of proper knowledge, skills, materials and equipment of a timely basis to maintain all areas in a clean, safe, healthy, and aesthetically acceptable manner during the entire term of the Contract. The Contractor shall furnish tree services by qualified arborists, site managers and tree worker crews to provide tree pruning, removal and maintenance activities that comply with this Specification. It will be the responsibility of the Contractor to provide all equipment, materials, and labor as necessary to perform the work described in these documents in a safe, efficient and legal manner.

U. Types of Tree Work
a. Pruning
i. Pruning for Structure:

Structural pruning is the removal of live branches and stems to influence the orientation, spacing, growth rate, strength of attachment and ultimate size of branches and stems. It is used on young and medium aged trees to help engineer a sustainable trunk and branch arrangement. It is used on large maturing trees to reduce certain defects and space main branches along one dominant trunk. This pruning type can be summed -up in the phrase: subordinate or remove codominant stems. This practice can limit the failure potential of included branch attachments. The maximum diameter of reduction cuts will be specified. Structural pruning is also the foundation for the following pruning types.
ii. Pruning to Raise:

Raising is the selective removal of branches to provide vertical clearance. Crown raising shortens or removes lower branches of a tree to provide clearance for buildings, signs, vehicles, pedestrians and views. Live crown ratio should be no less than 66% when raising is completed and some structural pruning is considered by the City to be part of this pruning. Clearance objectives are specified above in Tree Pruning Standard 6. iii. Pruning to Clean:

Crown Cleaning or cleaning out is the removal of dead, diseased, detached and broken branches 112" or larger. This type of pruning is done to reduce the risk of falling branches and to reduce the risk of decay spreading into the tree from dead or dying branches. Cleaning is the preferred pruning method for mature trees. Cleaning removes branches with cracks that may be prone to fail. Care must be used to avoid stripping branches of too foliage at the interior of the tree crown. This practice which is known as "lion tailing" is unacceptable. The location and diameter of branches to be removed may be specified.
iv. Pruning to Reduce:

Crown Reduction is the selective removal of branches and stems to decrease the height and/or spread of a tree. This is done to minimize risk of failure, to reduce height or spread, to clear vegetation form buildings, structures or utilities. Crown reduction should be accomplished with reduction cuts, not heading cuts. While reducing a crown, tree workers must adhere to basic tree trimming practices involving limb/branch size relationships and use of the branch bark collar to avoid the onset of decay at cut sites 151
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11 v. Pruning to Restore:

Crown Restoration is the selective removal of branches, sprouts and stubs from trees that have been previously topped, severely headed, lion tailed or otherwise damaged.

One to three sprouts are selected for retention on trees with many sprouts originating at the tips of branches. Location and percentage of sprouts are specified vi. Grid Pruning:

A Consists of pruning 7 or more trees located at the same or at consecutive street addresses. The term is used to reflect an economy of scale when pruning trees in one location and shall be reflected with bid pricing reduced from the single tree pruning bid price.

B Stump Grinding and Tree Removal Tree removal consists of the removal of the above ground portion of a hardwood tree or palm tree. Stump removal consists of the removal of the tree root crown and tree roots to a depth of 18" or until roots are no longer encountered and distances of at least 24" from the outer circumference of the tree stump or until roots are no longer encountered.
b. The Contractor shall comply with all general standards described herein. i. The price given by the Contractor for tree removals shall be inclusive of all staff, materials and equipment necessary to remove trees as described herein ii. The City is responsible for marking trees for removal so that they are easily identified for Underground Service Alert (USA) and the Contractor. The Contractor shall be required to contact USA at least 2 working days prior to stump grinding. The Contractor is hereby made aware that many trees in the downtown area are located adjacent to street lighting or other utilities within, which are within 12" of finished grade. iii. The Contractor shall notify the City Representative in writing of any condition that prevents the removal of a tree and/or the removal of its root system. The Contractor shall take all responsibility for any damage that occurs once the process of removing a tree and/or associated root removal begins.
iv. The Contractor shall comply with wildlife protection standards described herein whenever removing a tree: The Contractor shall not remove any tree without first confirming that the tree being considered is indeed the tree to be removed. Any confusion should be resolved by contacting the City Arborist for assistance. The errant removal of trees shall be penalized up to but limited to the cost of the replacement. v. During a tree removal, the Contractor shall maintain control of the tree and its parts at all times, which shall include the selection and use of proper techniques and equipment. At no time shall branches, limbs or tree trunks be allowed to freefall and create damage of any type. The Contractor will be held liable for loss of control incidents and shall pay for all damages and associated costs. vi. Cranes and other rigging equipment shall be properly certified, with evidence of such available for inspection prior to use of said equipment in the City. Crane operators shall be certified by the National Commission for the Certification of Crane Operators (NCCCO) and shall display current certification prior to operating a crane in the City.

The use of cranes and certified operators shall not result in additional charges to the City beyond the unit price for the work being performed (e.g., the price for tree removal). vii. While loading and handling debris, the Contractor shall maintain control at all times so as not to result in damage to the public rights of way or private property. In 152
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12 addition, the Contractor shall not drop logs or trunks as to create undue noise or shock impact related damages to public and/or private property. viii. The Contractor shall be responsible for the repair of any private property including any irrigation system components damaged during a tree removal or stump grinding. Repairs shall be made using components matching those that were damaged. c. Clean up and Debris Disposal
i. Contractor shall clean all job sites when work is completed and/or daily, including the raking of leaves, twigs, etc. from the lawns, street gutters, sidewalks and parkways and the sweeping or blowing of streets. Each day's scheduled work shall be completed and cleaned up and only under City approved emergency circumstances may any brush, leaves, debris or equipment be left on the street overnight. The City Representative shall be the sole judge as to the adequacy of the cleanup.
ii. Wood waste generated from tree removals shall be chipped. Diseased trees shall not be commingled with regular trees in the creation of wood chips. The diseasefree chips shall be dumped and spread in specified locations in the City at the direction of
the City Representative. It is the responsibility of the Contractor to appropriately dispose of diseased trees. Wood and branches not suitable for chipping may be dumped at the City Green Waste disposal site. All tree branches produced because of the Contractor's operations under the Contract will be reduced, reused, recycled, and/or transformed.

V. Non-City Maintained Trees
The Contractor shall NOT perform any work on non-City maintained trees without the direction from the City Representative. The Contractor shall NOT perform work for adjacent homeowners; all inquiries to this effect shall be forwarded to the City Representative.

X. Insurance Requirements
The City requires contractors to obtain and maintain insurance throughout the contract term, as described in the attached draft Contract for Routine Tree Services. The required insurance certificates must comply with all requirements described in and must be provided with the Contract. The City will award one contract for Routine Work to a responsive and responsible bidder, provided that the Bidder is determined to be qualified based on the requirements listed herein. In order to be determined responsive, a Bidder must respond to all requested information and supply all required information in this RFP. Any bid may be rejected if it is conditional, incomplete, or contain irregularities. Minor or immaterial irregularities in a bid may be waived. Waiver of an irregularity shall in no way modify this RFP nor affect recommendation for award of contract. This contract shall consist of the following coverages:

1. Worker’s Compensation and Employer’s Liability Insurance;

2. Commercial General Liability Insurance in an amount of at least $2,000,000 per occurrence;

3. Automobile Liability Insurance, including coverage for Contractor’s owned, hired and non-owned automobiles in an amount of at least $1,000,000 per occurrence 153
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13 Your proposal will require a returned signed copy of this Specification from the authorized submitter of the bid for this service:

P31 Enterprises, Inc.

Name of Company or Business
________________________________________
Printed Name of Signatory
_____________________________ ____________________
Signature Date
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