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Agreement - The Code Group, Inc dba VCA Code

Riverside City Council
November 22, 2022

Document
Agreement - The Code Group, Inc dba VCA Code
Meeting
November 22, 2022
Body
Riverside City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on riversideca.legistar1.com. That file is the official record.

PROFESSIONAL CONSULTANT SERVICES AGREEMENT
THE CODE GROUP, INC . dba VCA CODE
Interim Staffing Needs for the Building & Safety Division in the Community & Economic Development Department
THIS PROFESSIONAL CONSULTANT SERVICES AGREEMENT ("Agreement") is made and entered into this ___ day of ________ , 2022 ("Effective Date"), by and between the CITY OF RIVERSIDE, a California charter city and municipal corporation ("City"), and THE CODE GROUP, INC., a California corporation, doing business as VCA CODE ("Consultant").

1. Scope of Services. City agrees to retain and does hereby retain Consultant and Consultant agrees to provide the services more particularly described in Exhibit "A," "Scope of Services" ("Services"), attached hereto and incorporated herein by reference, in conjunction with Interim Staffing Needs for the Building & Safety Division in the Community & Economic Development Department ("Project").

2. Term. This Agreement shall be effective on the date first written above and shall remain in effect for three (3) years from the Effective Date of this Agreement, unless othe1wise tenninated pursuant to the provisions herein. The term may be extended by mutual written consent of the parties for a total of two (2) one (1) year extensions.

3. Compensation/Payment. Consultant shall perform the Services under this Agreement for an annual amount not to exceed One Hundred Thousand Dollars ($100,000.00), for the total sum not to exceed Three Hundred Thousand Dollars ($300,000.00), payable in accordance with the te1ms set fo1ih in Exhibit "B." Compensation during any extended te1m of the Agreement shall not exceed an annual amount of One Hundred Thousand Dollars ($100,000.00). Said payment shall be made in accordance with City's usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services perf01med. The invoices shall be delivered to City at the address set forth in Section 4 hereof.

4. Notices. Any notices required to be given, hereunder shall be in writing and shall be personally served or given by mail. Any notice given by mail shall be deemed given when deposited in the United States Mail, ce1iified and postage prepaid, addressed to the pa1iy to be served as follows:

To City
Community & Economic Development
Depaiiment Building & Safety Division
City of Riverside
Attn: Patricia Link
3900 Main Street 6th Floor
Riverside , CA 92522
To Consultant
The Code Group, Inc., dba VCA Code
Attn: Julia Lin
1845 W. Orangewood Avenue #210
Orange, CA 92868

5. Prevailing Wage . If applicable , Consultant and all subcontractors are required to pay the general prevailing wage rates of per diem wages and ove1iime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code and implemented by Resolution No. 13346 of the City Council of the City of Riverside.

The Director's determination is available on-line at
www.dir.ca.gov/dls r/DPreWageDetermin ation.htm and is refe1Ted to and made a part hereof; the wage rates therein ascertained , determined, and specified are refe1Ted to and made a part hereof as though fully set fmih herein.

6. Contract Administration. A designee of the City will be appointed in writing by the City Manager or Department Director to administer this Agreement on behalf of City and shall be refeITed to herein as Contract Administrator.

7. Standard of Performance. While perfmming the Services, Consultant shall exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the Metropolitan Southern California Area , and shall use reasonable diligence and best judgment while exercising its professional skill and expe1iise.

8. Personnel. Consultant shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation . Consultant recognizes that the qualifications and experience of the personnel to be used are vital to professional and timely completion of the Services . The key personnel listed in Exhibit "C" attached hereto and incorporated herein by this reference and assigned to perfo1m pmiions of the Services shall remain assigned through completion of the Services, unless otherwise mutually agreed by the parties in writing, or caused by hardship or resignation in which case substitutes shall be subject to City approval.

9. Assignment and Subcontracting. Neither pmiy shall assign any right, interest , or obligation in or under this Agreement to any other entity without prior written consent of the other party. In any event, no assignment shall be made unless the assignee expressly assumes the obligations of assigno r under this Agreement , in a writing satisfactory to the parties . Consultant acknowledges that any assignment may, at the City's sole discretion , require City Manager and/or City Council approval. Consultant shall not subcontract any portion of the work required by this Agreement without prior written approval by the responsible City Contract Administrator.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set fo1ih in Section 12. The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performed by any subcontractor for purposes of establishing a duty of care between any subcontractor and the City.

10. Independent Contractor . In the performance of this Agreement, Consultant , and Consultant 's employees , subcontractors and agents , shall act in an independent capacity as independent contractors , and not as officers or employees of the City of Riverside . Consultant acknowledges and agrees that the City has no obligation to pay or withhold state or federal taxes or to provide workers ' compensation or unemployment insurance to Consultant , or to Consultant's 2 employees , subcontractors and agents. Consultant , as an independent contractor , shall be responsible for any and all taxes that apply to Consultant as an employer.

11. Indemnification.

11.1 Design Professional Defined. For purposes of this Agreement , " Design Professional" includes the following:

A. An individual licensed as an architect pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code, and a business entity offering architectural services in accordance with that chapter.

B. An individual licensed as a landscape architect pursuant to Chapter 3.5 (commencing with Section 5615) of Division 3 of the Business and Professions Code, and a business entity offering landscape architectural services in accordance with that chapter.

C. An individual registered as a professional engineer pursuant to Chapter 7 ( commencing with Section 6700) of Division 3 of the Business and Professions Code, and a business entity offering professional engineering services in accordance with that chapter.

D. An individual licensed as a professional land surveyor pursuant to Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code, and a business entity offering professional land surveying services in accordance with that chapter.

11.2 Defense Obligation For Design Professional Liability. Consultant agrees, at its cost and expense , to promptly defend the City, and the City's employees, officers, managers, agents and council members ( collectively the "Paiiies to be Defended") from and against any and all claims , allegations, lawsuits, arbitration proceedings, administrative proceedings , regulatory proceedings, or other legal proceedings to the extent the same arise out of, pe1iain to, or relate to the negligence, recklessness or willful misconduct of Consultant, or anyone employed by or working under the Consultant or for services rendered to the Consultant in the performance of the Agreement , notwithstanding that the City may have benefited from its work or services and whether or not caused in paii by the negligence of an Indemnified Party. Consultant agrees to provide this defense immediately upon written notice from the City, and with well qualified, adequately insured and experienced legal counsel acceptable to City. Consultant will reimburse City for reasonable defense costs for claims arising out of Consultant's professional negligence based on the percentage of Consultant's liability. This obligation to defend as set forth herein is binding on the successors , assigns and heirs of Consultant and shall survive the termination of Consultant's Services under this Agreement.

11.3 Indemnity For Design Professional Liability . When the law establishes a professional standard of care for Consultant's services , to the fullest extent pe1mitted by law, Consultant shall indemnify , protect and hold hannless the City and the City's employees , officers , managers , agents , and Council Members ("Indemnified Paiiies") from and against any and all claim 3 for damage, charge, lawsuit , action, judicial , administrative , regulatory or arbitration proceeding, damage, cost, expense (including counsel and expert fees), judgment, civil fines and penalties , liabilities or losses of any kind or nature whatsoever to the extent the same arise out of, pe1iain to, or relate to the negligence , recklessness or willful misconduct of Consultant , or anyone employed by or working under the Consultant or for services rendered to the Consultant in the performance of the Agreement , notwithstanding that the City may have benefited from its work or services and whether or not caused in paii by the negligence of an Indemnified Party .

11.4 Defense Obligation For Other Than Design Professional Liability.

Consultant agrees , at its cost and expense , to promptly defend the City, and the City's employees , officers, managers , agents and council members ( collectively the "Parties to be Defended") from and against any and all claims, allegations, lawsuits, arbitration proceedings, administrative proceedings, regulatory proceedings, or other legal proceedings which arise out of, or relate to, or are in any way connected with: 1) the Services, work, activities, operations, or duties of the Consultant, or of anyone employed by or working under the Consultant , or 2) any breach of the Agreement by the Consultant. This duty to defend shall apply whether or not such claims, allegations , lawsuits or proceedings have merit or are meritless , or which involve claims or allegations that any or all of the Patties to be Defended were actively, passively, or concurrently negligent, or which otherwise asse1i that the Parties to be Defended are responsible, in whole or in paii , for any loss, damage or injury.

Consultant agrees to provide this defense immediately upon written notice from the City, and with well qualified, adequately insured and experienced legal counsel acceptable to City. This obligation to defend as set fmih herein is binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant's Services under this Agreement. 11 .5 Indemnity For Other Than Design Professional Liability . Except as to the sole negligence or willful misconduct of the City, Consultant agrees to indemnify, protect and hold hannless the Indemnified Parties from and against any claim for damage , charge , lawsuit , action, judicial , administrative, regulatory or arbitration proceeding, damage , cost , expense (including counsel and expert fees), judgment, civil fine and penalties , liabilities or losses of any kind or nature whatsoever whether actual, threatened or alleged, which arise out of, pertain to, or relate to, or are a consequence of, or are attributable to, or are in any manner connected with the performance of the Services , work , activities, operations or duties of the Consultant, or anyone employed by or working under the Consultant or for services rendered to Consultant in the perfonnance of this Agreement , notwithstanding that the City may have benefited from its work or services . This indemnification provision shall apply to any acts, omissions, negligence, recldessness, or willful misconduct, whether active or passive , on the paii of the Consultant or anyone employed or working under the Consultant.

12. Insurance .

12.1 General Provisions. Prior to the City's execution of this Agreement, Consultant shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverag es in the types, limits , fmms and ratin gs required herein. The rating and required insurance policies and coverage s may be modified in writing by the City 's Risk Manager or City Attorney , or a designee , unless such modification is prohibited by law .
4 12.1.1 Limitations . These mm1mum amounts of coverage shall not constitute any limitation or cap on Consultant's indemnification obligations under Section 11 hereof.

12.1.2 Ratings. Any insurance policy or coverage provided by Consultant or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder's rating of A or higher and a Financial Class of VII or higher.

12.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days' prior written notification of intended cancellation has been given to City by certified or registered mail, postage prepaid .

12.1.4 Adequacy . The City, its officers, employees and agents make no representation that the types or limits of insurance specified to be caITied by Consultant pursuant to this Agreement are adequate to protect Consultant. If Consultant believes that any required insurance coverage is inadequate, Consultant will obtain such additional insurance coverage as Consultant deems adequate, at Consultant 's sole expense .

12.2 Workers' Compensation Insurance. By executing this Agreement , Consultant certifies that Consultant is aware of and will comply with Section 3 700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers' compensation , or to undertake self-insurance before commencing any of the work. Consultant shall can-y the insurance or provide for self-insurance required by California law to protect said Consultant from claims under the Workers' Compensation Act. Prior to City's execution of this Agreement, Consultant shall file with City either 1) a certificate of insurance showing that such insurance is in effect , or that Consultant is self-insured for such coverage, or 2) a certified statement that Consultant has no employees, and acknowledging that if Consultant does employ any person , the necessary certificate of insurance will immediately be filed with City. Any certificate filed with City shall provide that City will be given ten (10) days' prior written notice before modification or cancellation thereof.

12.3 Commercial General Liability and Automobile Insurance . Prior to City's execution of this Agreement , Consultant shall obtain, and shall thereafter maintain dming the term of this Agreement , commercial general liability insurance and automobile liability insurance as required to insure Consultant against damages for personal injury, including accidental death, as well as from claims for prope1ty damage , which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Consultant.

The City, and its officers, employees and agents, shall be named as additional insureds under the Consultant 's insurance policies.

12.3.1 Consultant's commercial general liability insurance policy shall cover both bodily injury (including death) and prope1ty damage (including , but not limited to, premises operations liability , products-completed operations liability , independent contractor 's liability , personal injury liability , and contractual liability) in an amount not less than $1 ,000,000 per occmTence and a general aggregate limit in the amount of not less than $2,000,000. 5 12.3 .2 Consultant's automobile liability policy shall cover both bodily injury and property damage in an amount not less than $1 ,000,000 per occunence and an aggregate limit of not less than $1,000 ,000. All of Consultant 's automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Consultant's performance of this Agreement, which vehicles shall include, but are not limited to, Consultant owned vehicles , Consultant leased vehicles , Consultant's employee vehicles , non-Consultant owned vehicles and hired vehicles .

12.3.3 Prio r to City's execution of this Agreement, copies of insurance policies or original certificates along with additional insured endorsements acceptable to the City evidencing the coverage required by this Agreement , for both commercial general and automobile liability insurance , shall be filed with City and shall include the City and its officers , employees and agents , as additional insureds . Said policies shall be in the usual form of commercial general and automobile liability insurance policies , but shall include the following provisions:

It is agreed that the City of Riverside, and its officers , employees and agents , are added as additional insureds under this policy, solely for work done by and on behalf of the named insured for the City of Riverside.

12.3 .4 The insurance policy or policies shall also comply with the following prov1s10ns:
a. The policy shall be endorsed to waive any right of subrogation against the City and its sub-consultants , employees, officers and agents for services performed under this Agreement.
b. If the policy is written on a claims made basis, the certificate should so specify and the policy must continue in force for one year after completion of the services. The retroactive date of coverage must also be listed.
c. The policy shall specify that the insurance provided by Consultant will be considered primary and not contributory to any other insurance available to the City and Endorsement No . CG 20010413 shall be provided to the City.

12.4 Errors and Omissions Insurance. Prior to City's execution of this Agreement , Consultant shall obtain , and shall thereafter maintain dming the term of this Agreement, enors and omissions professional liability insurance in the minimum amount of $1 ,000,000 to protect the City from claims resulting from the Consultant's activities.

12.5 Subcontractors' Insurance . Consultant shall require all of its subcontractors to cany insurance , in an amount sufficient to cover the risk of injury , damage or loss that may be caused by the subcontractors' scope of work and activities provided in furtherance of this Agreement , including , but without limitation , the following coverages: Workers Compensation , Commercial General Liability , Errors and Omissions , and Automobile liability. Upon City's 6 request, Consultant shall provide City with satisfactory evidence that Subcontractors have obtained insurance policies and coverages required by this section.

13. Business Tax. Consultant understands that the Services performed under this Agreement constitutes doing business in the City of Riverside, and Consultant agrees that Consultant will register for and pay a business tax pursuant to Chapter 5.04 of the Riverside Municipal Code and keep such tax ce1iificate current during the term of this Agreement.

14. Time of Essence. Time is of the essence for each and every provision of this Agreement.

15. City's Right to Employ Other Consultants. City reserves the 1ight to employ other Consultants in connection with the Project. If the City is required to employ another consultant to complete Consultant's work, due to the failure of the Consultant to perform, or due to the breach of any of the provisions of this Agreement, the City reserves the right to seek reimbursement from Consultant.

16. Accounting Records. Consultant shall maintain complete and accurate records with respect to costs incmTed under this Agreement. All such records shall be clearly identifiable.

Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

17. Confidentiality. All ideas, memoranda , specifications, plans, procedures, drawings , descriptions , computer program data, input record data, written information , and other materials either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant, except as otherwise directed by City's Contract Administrator. Nothing furnished to Consultant which is otherwise known to the Consultant or is generally known, or has become known, to the related industry shall be deemed confidential.

Consultant shall not use City's name or insignia , photographs of the Project , or any publicity pe1iaining to the Services or the Project in any magazine , trade paper , newspaper, television or radio production, website , or other similar medium without the prior written consent of the City.

18. Ownership of Documents . All reports , maps, drawings and other contract deliverables prepared under this Agreement by Consultant shall be and remain the prope1iy of City.

Consultant shall not release to others information furnished by City without prior express written approval of City.

19. Copyrights. Consultant agrees that any work prepared for City which is eligible for copyright protection in the United States or elsewhere shall be a work made for hire. If any such work is deemed for any reason not to be a work made for hire, Consultant assigns all right , title and interest in the copyright in such work , and all extensions and renewals thereof, to City, and agrees to provide all assistance reasonably requested by City in the establishment , preservation and enforcement of its copyright in such work, such assistance to be provided at City's expense but without any additional compensation to Consultant. Consultant agrees to waive all moral rights 7 relating to the work developed or produced, including without limitation any and all rights of identification of authorship and any and all rights of approval, restriction or limitation on use or subsequent modifications.

20. Conflict oflnterest. Consultant, for itself and on behalf of the individuals listed in Exhibit "C," represents and wa1Tants that by the execution of this Agreement, they have no interest, present or contemplated, in the Project affected by the above-described Services. Consultant fmther wairnnts that neither Consultant, nor the individuals listed in Exhibit "C" have any real property, business interests or income interests that will be affected by this project or, alternatively, that Consultant will file with the City an affidavit disclosing any such interest.

21. Solicitation. Consultant wa1Tants that Consultant has not employed or retained any person or agency to solicit or secure this Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to secure this Agreement. For breach of this wa1Tanty, City shall have the right to terminate this Agreement without liability and pay Consultant only for the value of work Consultant has actually perfonned, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from Consultant the full amount of such commission, percentage, brokerage or commission fee. The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement.

22. General Compliance With Laws. Consultant shall keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Consultant, or in any way affect the performance of services by Consultant pursuant to this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Consultant represents and wa1Tants that Consultant has obtained all necessary licenses to perform the Scope of Services and that such licenses are in good standing.

Consultant fu1ther represents and wairnnts that the services provided herein shall conform to all ordinances, policies and practices of the City of Riverside.

23. Waiver. No action or failure to act by the City shall constitute a waiver of any right or duty afforded City under this Agreement, nor shall any such action or failure to act constitute approval of or acquiescence in any breach thereunder, except as may be specifically, provided in this Agreement or as may be otherwise agreed in writing.

24. Amendments. This Agreement may be modified or amended only by a written agreement and/or change order executed by the Consultant and City.

25. Termination. City, by notifying Consultant in writing, shall have the right to terminate any or all of Consultant's services and work covered by this Agreement at any time. In the event of such termination, Consultant may submit Consultant's final written statement of the amount of Consultant's services as of the date of such termination based upon the ratio that the work completed bears to the total work required to make the rep01t complete, subject to the City's rights under Sections 15 and 26 hereof. In asce1taining the work actually rendered through the tennination date, City shall consider completed work, work in progress and complete and incomplete reports and other documents only after delivered to City.
8 25.1 Other than as stated below , City shall give Consultant thi1iy (30) days ' prior written notice prior to termination.

25.2 City may terminate this Agreement upon fifteen (15) days' written notice to Consultant , in the event:

Agreement; or

25.2.1 Consultant substantially fails to perform or materially breaches the

25.2.2 City decides to abandon or postpone the Project.

26. Offsets. Consultant acknowledges and agrees that with respect to any business tax or penalties thereon, utility charges, invoiced fee or other debt which Consultant owes or may owe to the City, City reserves the right to withhold and offset said ammmts from payments or refunds or reimbursements owed by City to Consultant. Notice of such withholding and offset , shall promptly be given to Consultant by City in writing. In the even t of a dispute as to the amount owed or whether such amount is owed to the City , City will hold such disputed amount until either the appropriate appeal process has been completed or until the dispute has been resolved .

27. Successors and Assigns. This Agreement shall be binding upon City and its successors and assigns, and upon Consultant and its permitted successors and assigns , and shall not be assigned by Consultant , either in whole or in part, except as otherwise provided in paragraph 9 of this Agreement.

28. Venue. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in the Superior Court , County of Riverside , State of California , and the paiiies hereby waive all provisions of law providing for a change of venue in such proceedings to any other county . In the event either party hereto shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition of this Agreement, it is mutually agreed that each party will bear their own attorney's fees and costs.

29. Nondiscrimination. Dming Consultant's perfmmance of this Agreement, Consultant shall not discr iminate on the grounds of race , religious creed, color , national origin, ancestry , age, physical disability , mental disability , medical condition , including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto , marital status , sex, genetic infmmation , gender , gender identity , gender expression , or sexual orientation , military and veteran status , in the selection and retention of employees and subcontractors and the procurement of materials and equipment , except as provided in Section 12940 of the California Government Code.

Fmiher, Consultant agrees to conform to the requirements of the Americans with Disabilities Act in the perfmmance of this Agreement.

30. Severability. Each provision , tern1, condition , covenant and/or restriction , in whole and in paii, of this Agreement shall be considered severable . In the event any provision , tenn , condition , covenant and/or restriction , in whole and/or in part, of this Agreement is declai·ed invalid, unconstitutional , or void for any reason , such provision or part thereof shall be severed from this 9 Agreement and shall not affect any other provision , term, condition , covenant and/or restriction of this Agreement , and the remainder of the Agreement shall continue in full force and effect.

31. Authority . The individuals executing this Agreement and the instmments referenced herein on behalf of Consultant each represent and wanant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions hereof and thereof.

32. Entire Agreement. This Agreement constitutes the final, complete , and exclusive statement of the te1ms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the pai1ies. Neither paiiy has been induced to enter into this Agreement by and neither paiiy is relying on, any representation or wananty outside those expressly set forth in this Agreement.

33. Interpretation. City and Consultant acknowledge and agree that this Agreement is the product of mutual aims-length negotiations and accordingly, the rnle of constrnction , which provides that the ambiguities in a document shall be constrned against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement. 33 .1 Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of the Agreement or any of its terms. Reference to section numbers, are to sections in the Agreement unless expressly stated otherwise .

33.2 This Agreement shall be governed by and constrned in accordance with the laws of the State of California in effect at the time of the execution of this Agreement.

33.3 In the event of a conflict between the body of this Agreement and Exhibit "A" - Scope of Services hereto, the te1ms contained in Exhibit "A" shall be controlling.

34. Exhibits . The following exhibits attached hereto are incorporated herein to this Agreement by this reference:

Exhibit "A" - Scope of Services
Exhibit "B" - Compensation
Exhibit "C" - Key Personnel
IN WITNESS WHEREOF, City and Consultant have caused this Agreement to be duly executed the day and year first above written.

CITY OF RIVERSIDE, a California
charter city and municipal corporation
By:-------------­
Interim City Manager
Attest: -----------
City Clerk
Certified as to Availability of Funds:

By ~/ ChiefFi~ ~
Approved as to Form:

By:

Assistant City Attorney
I\Rc-citylaw\cyco m\WPDOCS\D022\P03 7\00672991.DOC
22-1428 sow 08/22/22
11 THE CODE GROUP, INC., a California
corporation, doing business as VCA CODE
By JI~
Print Name: ftJ/11 VIJfhlrJttfl,fV, s.,.

J
Title: C, G . <1
(Signature of Board Chair, President, or
Vice President)
and
By: dsc2u~
Print Name: b, .,__i:>\-< \(c_ -\-~
Title: ~o
(Signature of Secretary, Assistant Secretary,
CFO, Treasurer, or Assistant Treasurer)
EXHIBIT "A"

SCOPE OF SERVICES
l!L
Code
Leadership. Service. Commitm ent.

City of Riverside RFP No. 2171
Interim Staffing Needs for the Building & Safety Division in the Community & Economic Developm ent Department
Scope of Services
VCA understands the Scope of Services described in the RFP and agrees to provide the following services and qualified personnel:

Building Inspector I
• Have minimum of five years of trade experience in building construction and one years' experience as a building inspector or combination inspector performing public sector residential construction inspections in California.
• Inspect structural, plumbing, mechanical, and electrical installations in residential construction for compliance with the appropriate codes, and other applicable regulations and approved plans and specifications.
• Inspect single and multi-family residential buildings during excavation to finished stages of construction, remodeling, and repair.
• Inspect excavations, foundations, concrete, framing, plastering, plumbing, mechanical, (HVAC), and electrical installations for conformance to codes.
• Check stud, joist, and rafter spacing and other structural member factors; examine grade quality and treatment of lumber, concrete, wire, and composition . • Check installation of electrical panels, fixtures, outlets, controls, motors, and HVAC equipment; perform electrical surveys of buildings, equipment, and load and provide information pertinent to findings.
• Inspect swimming pools including structural and electrical installations. • Check for setbacks and bonding required .
• Assist and advise the general public in matters relating to construction and code requirements. • Investigate complaints and make inspections of existing buildings to determine if hazardous or illegal conditions exist relating to the structures and their use. • Prepare written reports, issue notices to correct code violations, and issue "stop work" notices. • Inspect work sites to ensure that contractors and workers have appropriate licenses and that the proper permits have been obtained for the work being performed.

Building Inspector II
• Have minimum of three years of experience as a combination building inspector for a public sector agency performing residential, commercial and industrial building inspections in California.
• Inspect structural, plumbing , mechanical, and electrical installations in residential, commercial, and industrial construction for compliance with the appropriate codes, and other applicable regulations and approved plans and specifications.
• Inspect single and multi-family residential, commercial, and industrial buildings and installations during excavation to finished stages of construction, remodeling, and repair. • Inspect excavations, foundations, concrete, framing, plastering, plumbing , mechanical, (HVAC), and electrical installations for conformance to codes.
• Check stud, joist, and rafter spacing and other structural member factors; examine grade quality and treatment of lumber, concrete, wire, and composition. 5 b. Statement of Understanding and Approach
VCA Code I 1845 W. Orangewood Ave., #210, Orange, CA 92868 I 714 .363.4 700 1!1
Code
Leadership . Service. Commitm ent.

City of Riverside RFP No. 2171
Interim Staffing Needs for the Building & Safety Division in the Community & Economic Development Department
• Check installation of electrical panels, fixtures, outlets, controls, motors, and HVAC equipment; perform electrical surveys of buildings, equipment, and load and provide information pertinent to findings.
• Inspect swimming pools including structural and electrical installations. • Check for setbacks and bonding required.
• Assist and advise the general public in matters relating to construction and code requirements. • Investigate complaints and make inspections of existing buildings to determine if hazardous or illegal conditions exist relating to the structures and their use. • Prepare written reports, issue notices to correct code violations, and issue "stop work" notices. • Inspect work sites to ensure that contractors and workers have appropriate licenses and that the proper permits have been obtained for the work being performed.

Permit Technician
• Have minimum of one year of experience in processing building permits, collecting fees and/or reviewing minor construction plans over the counter for code compliance and completeness for a public sector agency.
• Interpret and explain building code requirements and departmental policies and procedures related to permit issuance, plan check, and inspection processes to construction contractors, architects, builders, property owners, and the general public. • Review routine construction plans for proposed structures such as patio covers, small room additions, signs, walls, fences and related items to determine compliance with pertinent building safety regulations as defined in state and local codes and indicate needed changes or modifications.
• Perform estimates of fees for construction projects; compute and process fees. • Create and issue construction related permits.
• Route building plans to various departments/divisions. • Receive and schedule requests for inspections.
• Coordinate the work of specialized clerical support staff. • Coordinate with other City departments, divisions, and outside regulatory agencies. • Assist in maintaining computerized data base and produce statistical and other required reports. • Prepare and maintain records.
• Support and administer electronic plan review services and automated permit tracking software.

Building Plans Examiner
• Have minimum of two years of experience in processing and reviewing building plans and associated documents for a public sector agency in California, including but not limited to:
residential and commercial construction, tenant improvements, solar photovoltaic systems for conformance with California Code of Regulations, Title 24, the California Building Standards Code.
• Examine and review plans and specifications submitted for residential tracts , multi-unit residential and commercial industrial buildings for compliance with codes, ordinances, and other applicable regulations.
b. Statement of Understanding and Approach
VCA Code I 1845 W. Orangewood Ave., #210, Orange, CA 92868 I 714.363.4700 6 Leadership. Service. Commitm ent.

Code
City of Riverside RFP No. 2171
Interim Staffing Needs for the Building & Safety Division in the Community & Economic Development Department
• Review plans and calculations to ensure appropriate use of materials and construction installations.
• Assist field inspectors and other staff with complex or unusual requirements for residential and other structures.
• Prepare and maintain files, reports, and records of activities and procedures. • Assist at the public counter in calculating fees, issuing permits, and dispensing general and technical information.
• Answer questions from homeowners, architects, engineers, contractors, and the general public regarding the City's policies and procedures, related codes, ordinances and regulations. • Coordinate with other City departments, divisions, and outside regulatory agencies. • Ability to perform electronic plan review services using industry standard software.

Senior Plan Check Engineer
• Have minimum of three years of professional experience as a plan checker for a public sector agency in California, processing and reviewing residential and commercial construction plans and related documents for conformance with California Code of Regulations, Title 24, the California Building Standards Code.
• Perform complex and advanced professional structural engineering and building code review of structural engineering calculations and plans submitted with applications for building permits to determine conformance with International Code Council (ICC} model codes and related municipal codes.
• Maintain building plans and records as related to the Plan Check function. • Answer questions from engineers, architects, developers, contractors and the general public regarding City regulations and policies.
• Conduct field inspections as necessary; investigate field problems affecting property owners, contractors and maintenance operations.
• Assist at the counter in calculating fees, issuing permits and dispensing general and technical information.
• Prepare reports and conduct oral presentations on plan check related matters. • Assist in the development and revision of building related codes and policies. • Make authoritative interpretations of applicable laws, regulations, and policies. • Coordinate plan review activities with other City departments, divisions, and with outside agencies, developers and engineers.
• Review, analyze, and evaluate preliminary fire protection planning for the community including complex structures such as high-rise buildings, walls, commercial developments, residential tracts, and industrial facilities.
• Review building plans for compliance with state and local fire and life safety codes and standards.
• Supervise plan check activities; assign, train, and evaluate subordinates. • Perform plan check on complex structures.
• Ability to perform electronic plan review services using industry standard software. • Assist the Building Official or Assistant Building Official in related administrative matters which include personnel, policies, procedures, and systems review and revision. 7 b. Statement of Understanding and Approach
VCA Code I 1845 W. Orangewood Ave., #210, Orange, CA 92868 I 714.363.4700 EXHIBIT "B"

COMPENSATION
Le~de,ship. Service. Commitment.

Cit'{ of Riverside P.FP No. 2171
Interi m Staff ing Needs fo r t he Building & 5,afet\' Division in t he Comm un it>;' & Economic Development Departm ent
Community Economic
Development Department
Community Economic
Development Department
Community Economic
Development Department
Community Economic
Development Department
Community Economic
Development Department

REVISED

EXHIBITB
Price Sheet
Building Inspector I
Building Inspector II
Permit Technician
Building Plans Examiner
Senior Plan Check Engineer

1. Overtime is billed 1.Sx the hourly rate.

2. Rates subject to CPI-U annual increase.

Community
Economic
Development
Department
Off Site Plan Check
Services
$81.00
$93.00
$66.00
$114.00
$ 130.00
$120.00/hr
Community Off Site Expedited % 1.Sx $150.00/hr
Economic Plan Check Services {assuming City
Development charges an
Department expedited fee)
Reviews past the third review will be billed hourly. Hourly off site plan check is billed at a minimum 2 hours.

VCA will arrange pickup/delivery of plans at no additional charge.

Total On Site Bill Rate Total Average Bill Rate
$ $
Total Off Site Percent Rate Total Average Off Site Bill Rate % PC Fee % PC Fee
VCA is open to discussing any fee with the City .

Bob Heinrich, CBO
Rick Bergin
EXHIBIT "C"

KEY PERSONNEL

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