CONTACT
Christina Ratcliffe, AICP, Planning & Development Services Director [email protected]
RESOLUTION NO. 24- _____ N.C.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING A SECOND AMENDMENT TO THE TRB ASSOCIATES, INC. TO INCREASE THE MAXIMUM NOT-TO-EXCEED AMOUNT OF THE AGREEMENT TO $310,000, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE SAME
WHEREAS, the City of Vallejo Planning and Development Services Department Building Division uses contract services on an as-needed basis to assist staff with plan review, building inspections and other work related to building permits during periods of high construction activity or for projects requiring specialized knowledge; and
WHEREAS, contractual support supplements the City staff's effort to reduce plan check turnaround time, manage the inspection workload in light of fluctuating demand and perform damage assessment safety inspections during natural disasters; and WHEREAS, contractual services assist the Building Division to maintain critical staffing levels when positions become vacant and/or service needs increase; and WHEREAS, the Division’s current staffing level is not sufficient to support the work required to process complex building applications, and requires an outside consultant to provide technical expertise on a range of disciplines necessary to process complex projects in a timely manner; and
WHEREAS, on March 28, 2023, the City entered into a Consultant and Professional Services Agreement with Consultant for a one-year term to provide plan review, permitting and field inspection services to the City on an as-needed basis (Agreement); and WHEREAS, on August 29, 2023, the parties entered into a First Amendment to the Agreement to increase the maximum not-to-exceed amount of the Agreement to $200,000; and WHEREAS, due to staffing shortages, the City exercised its right to extend the Agreement by one additional year through March 25, 2025; and
WHEREAS, the parties desire to amend the Agreement to increase the maximum not-to-exceed amount of the Agreement to $310,000; and
WHEREAS, the City’s Planning and Development Services Department permit application fees will pay for this work; and
WHEREAS, this action is exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15378, as it is not a project that has the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves the Second Amendment to the existing Consultant and Professional Services Agreement with TRB Associates, Inc. to increase the maximum not-to-exceed amount of the Agreement to $310,000, and authorizing the City Manager to execute same.
Adopted by the City Council of the City of Vallejo at a regular meeting held on May 28, 2024, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
ROBERT MCCONNELL, MAYOR
ATTEST: ______________________________________
DAWN G. ABRAHAMSON, CITY CLERK
Second Amendment to Consultant Professional Services Agreement Between City of Vallejo and TRB & Associates, Inc.Page 1 of 3
SECOND AMENDMENT TO
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT BETWEEN
CITY OF VALLEJO
AND
TRB & ASSOCIATES, INC.
This Second Amendment to the Consultant and Professional Services Agreement made and entered into on March 28, 2023, hereinafter referred to as “Agreement,” between TRB & Associates Inc., a California corporation, therein referred to as “Consultant,” and the City of Vallejo, a municipal corporation, therein referred to as “City,” is made and entered into on this 29th day of May 2024.
WHEREAS, Consultant provides plan review, permitting and field inspection services to the City on an as-needed basis under the Agreement; and WHEREAS, on August 29, 2023, the parties entered into a First Amendment to the Agreement to increase the maximum amount of compensation payable to Consultant to the maximum not to exceed amount of $200,000; and
WHEREAS, due to staffing shortages, the City exercised its right to extend the Agreement by one additional year through March 25, 2025.
Now, therefore, Consultant and City do mutually agree as follows:
1. Revised Compensation to Consultant. Consultant’s compensation as set forth in Section 1.A of Exhibit B of the Agreement is hereby increased by $110,000.00 to a maximum not to exceed amount of $310,000.00.
2. Integration. This Second Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this Second Amendment. This Second Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and CONSULTANT shall perform all duties, obligations and conditions required under the Agreement.
3. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this Second Amendment and the Agreement, the provisions of this Second Amendment shall control in all respects.
4. Ambiguities. The parties have each carefully reviewed this Second Amendment and have agreed to each term of this Second Amendment. No ambiguity shall be presumed to be construed against either party.
Second Amendment to Consultant Professional Services Agreement Between City of Vallejo and TRB & Associates, Inc.Page 2 of 3
5. Counterparts. This Second Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.
6. Authority. The person signing this Second Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this Second Amendment on behalf of Consultant.
(SIGNATURES ON THE FOLLOWING PAGE)
Second Amendment to Consultant Professional Services Agreement Between City of Vallejo and TRB & Associates, Inc.Page 3 of 3 IN WITNESS WHEREOF, the parties have entered into this Second Amendment on the day and year first hereinabove appearing.
TRB & ASSOCIATES, INC.,
a California corporation
BY:
Todd Bailey
President
DATE:
11706456
Vallejo Business License No
(City Seal)
CITY OF VALLEJO,
a municipal corporation
BY:
Gillian Haen
Assistant City Manager
DATE:
ATTEST:
Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:
Christina Ratcliffe, AICP
Planning & Development Services Director
APPROVED AS TO FORM:
Veronica A. F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
Armond Sarkis
Risk Manager
Planning Division ∙ 555 Santa Clara Street ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.649.5452 TRB & Associates Inc. ATTN: Todd Bailey
3180 Crow Canyon Place, Ste 216 San Ramon, CA 94583
RE: EXERCISE OF OPTION TO EXTEND
Contract Number: 23-PS149
By and Between: City of Vallejo / TRB & Associates Inc.
Dear Mr. Todd Bailey,
Pursuant to paragraph 16 of the Consultant and Professional Services Agreement (“Agreement”) dated March 28, 2023 the City hereby provides written notice exercising its option to extend the Agreement an additional one year. The new termination date shall now be March 28, 2025 unless otherwise extended by the City pursuant to paragraph 16 and/or Vallejo Municipal Code Chapter 3.20.
All other provisions of the Agreement remain unchanged and in full force and effect.
If you have any questions, please contact Dale Miller at [email protected].
Sincerely,
Christina Ratcliffe AICP
Planning & Development Services Director
DocuSign Envelope ID: 12A1F14D-DAC0-48B2-93D8-51233E8D26E4 Aug 31, 2023 11:32 AM, 1137410149
Contract and Routing Form
Contract Number: 23-PS149
Requisition Number: PO 038067
Date Originated:
Finance Department ∙ 555 Santa Clara Street ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4592 Department: Planning and Building Services, Building Division Staff Contact: Anthony Cook, [email protected] Contract Type: Amendment
Vendor: TRB & Associates Vendor Number:102771
Business License Number: 11706456
Contract Not to Exceed Amount: 200000.00
Contract Start Date: Mar 28, 2023 End Date: Mar 28, 2024 Option to Extend: City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one year, by written notice to Consultant. The total duration of this Agreement, including the exercise of any options under this section, shall not exceed three years.
Authority to Contract: City Manager
Other Comments:
City Council approved the 1st Amendment to the TRB & Associates contract 23-PS149 with Reso 23-139 (attached).
Insurance attached
Primary agreement attached
Attachments are uploaded for review here: https://bit.ly/vContracts Approved Pre-Requisition Form
Original Agreement with any Amendments
Insurance
I have uploaded additional files.Yes
DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 Contract and Routing Form
Signature Page
Department Initial Date Comment
Originating Department/Division
Risk Manager
City Attorney
Finance Department
City Manager
City Clerk
Return executed contract to: Anthony Cook
DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 9/1/2023
9/1/2023
9/5/2023
9/8/2023
9/11/2023
9/11/2023
First Amendment to Consultant Professional Services Agreement Between City of Vallejo and TRB & Associates, Inc. Page 1 of 2
FIRST AMENDMENT TO
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT BETWEEN
CITY OF VALLEJO
AND
TRB & ASSOCIATES, INC.
This First Amendment to the Agreement made and entered into on August 29, 2023, hereinafter referred to as “Agreement,” between TRB & Associates Inc., a California corporation, therein referred to as “Consultant, and the City of Vallejo, a municipal corporation, therein referred to as “City,” is made and entered into on this 29th day of August, 2023.
Consultant and City do mutually agree as follows:
1. Revised Compensation to Consultant. Consultant’s compensation as set forth in Section 1.A of Exhibit B of the Agreement is hereby increased by $100,000.00 to a maximum not to exceed amount of $200,000.00.
2. Integration. This First Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this First Amendment. This First Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and CONSULTANT shall perform all duties, obligations and conditions required under the Agreement.
3. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this First Amendment and the Agreement, the provisions of this First Amendment shall control in all respects.
4. Ambiguities. The parties have each carefully reviewed this First Amendment and have agreed to each term of this First Amendment. No ambiguity shall be presumed to be construed against either party.
5. Counterparts. This First Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.
6. Authority. The person signing this First Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of Consultant.
DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 First Amendment to Consultant Professional Services Agreement Between City of Vallejo and TRB & Associates, Inc. Page 2 of 2 IN WITNESS WHEREOF, the parties have entered into this First Amendment on the day and year first hereinabove appearing.
TRB & ASSOCIATES, INC.,
a California corporation
BY:
Todd Bailey
President
DATE:
11706456
Vallejo Business License No
(City Seal)
CITY OF VALLEJO,
a municipal corporation
BY:
Mike Malone
City Manager
DATE:
ATTEST:
Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:
Christina Ratcliffe, AICP
Planning & Development Services Director
APPROVED AS TO FORM:
Veronica A. F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
Armond Sarkis
Risk Manager
DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 8/31/2023
9/11/2023
03/16/2023
The Liberty Company Insurance Brokers
Lic #0D79653
5955 De Soto Ave, Ste 250
Woodland Hills CA 91367
Teresa Hayward
(888) 918-3960
[email protected]
TRB AND ASSOCIATES
3180 CROW CANYON PL #216
SAN RAMON CA 94583
Continental Casualty Company 20443
Continental Casualty Company 10346
Continental Casualty Company 20443
Employers Preferred Ins. Co. 10346
U. S. Specialty Insurance Co. 29599
CL22102831925
A Y 2097186534 11/10/2022 11/10/2023
2,000,000
1,000,000
10,000
2,000,000
4,000,000
4,000,000
B Y 7013446068 11/18/2022 11/10/2023
1,000,000
C
0 CUP7036238862 11/10/2022 11/10/2023
2,000,000
2,000,000
D EIG463819502 11/10/2022 11/10/2023
1,000,000
1,000,000
1,000,000
E
Professional Liab
Retro Date 11/10/2006 USS2233325 11/10/2022 11/10/2023
Each Claim 2,000,000
Aggregate 2,000,000
Retention 25,000
Re: Consulting & Plan Check Operations of the Named Insured.
The City of Vallejo, its officers, agents and employees are included as Additional Insureds on General Liability per SB300176D 6-16, (Architects, Engineers and Surveyors Liability Extension with office Pollution Liability Coverage) & SB146968B 6-16, (Blanket Additional Insured Endorsement with Products-Completed Operations coverage & Blanket Waiver of Subrogation) and Auto Liability per AC 85 43 06 18, (California Business Auto Coverage Enhancement Endorsement), subject to policy terms and conditions.
City of Vallejo
City Attorney's Office
555 Santa Clara Street
Vallejo CA 94590
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$
PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS
NON-OWNED
OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTHSTATUTEPER
(MM/DD/YYYY) LIMITS
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
LTR TYPE OF INSURANCE POLICY NUMBER
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR
CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $
DAMAGE TO RENTED
PREMISES (Ea occurrence) $
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY
PROJECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005
PAESL PAESL
1,000 $168.00
Employment Practices Liability Coverage EPLI
10,000
Schedule rate adjustment SRA
-$4,254.00
Add'l for policy minimum premium APMP
$148.00
Increased employer's liability INEL
LECF LECF
$57.00
Premium discount PDIS
-$4.00
Schedule rate adjustment SRA
$25.00
Expense constant EXCNT
$160.00
UEBTF UEBTF
$12.00
Premium discount PDIS
-$3.00
ADDITIONAL COVERAGES
Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium OFADTLCV Copyright 2001, AMS Services, Inc.
DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005
OSHEF OSHEF
$73.00
Merit Surcharge MERIT
-$6.00
Assessment Fund ASMNT
$139.00
Surcharges SURC
$39.00
Merit Surcharge MERIT
-$27.00
Waiver of Subrogation WVSUB
$250.00
YBYI YBYI
-$869.00
UEBTF UEBTF
$4.00
Increased employer's liability INEL
$2.00
Premium discount PDIS
-$172.00
Second Injury Fund 2NDIN
$154.00
ADDITIONAL COVERAGES
Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium OFADTLCV Copyright 2001, AMS Services, Inc.
DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 SB300176D
(Ed. 6-16)
Copyright, CNA All Rights Reserved.
Changes to Section A. Coverages
Changes to Section C. Who Is An Insured
Changes to Section D. Liability and Medical Expenses Limits of Insurance THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ARCHITECTS, ENGINEERS AND SURVEYORS LIABILITY EXTENSION WITH OFFICE
POLLUTION LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
BUSINESSOWNERS COMMON POLICY CONDITIONS
SCHEDULE OF LIMITS FOR OFFICE PREMISES LIMITED POLLUTION LIABILITY COVERAGE Each Pollution Incident Limit $2,000,000
Pollution Liability Aggregate Limit $4,000,000
(If no entries appear in the above Schedule, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
TABLE OF ENDORSEMENT CONTENTS
Item # Topic Name
1. Enhanced Supplementary Payments
2. Extended Property Damage Coverage
3. Contractual Liability for Personal and Advertising Injury
4. Owned Workboats and Non-owned Watercraft
5. Legal Liability – Damage to Premises / Alienated Premises
6. Personal and Advertising Injury – Discrimination or Humiliation
7. Property Damage - Elevators
8. Extended Coverage For Newly Acquire/Formed Organizations
9. Additional Insureds: State or Political Subdivisions – Permits, State or Political Subdivisions, Controlling Interest, Managers or Lessors of Premises, Mortgagee, Assignee or Receiver, Co-owner of Insured Premises, Lessor of Equipment, Lessor of Land, Trade Show Event Lessor, Engineers, Architects or Surveyors Engaged By You
10. Fellow Employee First Aid
11. Retired Partners, Members, Directors, and Employees
12. Participation in Professional Joint Ventures or in Terminated Joint Ventures, Partnerships or LLCs
13. Blanket Additional Insured with Products-Completed Operations Coverage Additional Insured – Extended Coverage
Estates, Representatives and Spouses
Blanket Waiver of Subrogation
14. General Aggregate Limit of Insurance – Per Location SB300176D (6-16)
Changes to Section B. Exclusions
20020003420971865342082
Policy 2097186534
DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 SB300176D
(Ed. 6-16)
Copyright, CNA All Rights Reserved.
Changes to Section F. Liability And Medical Expenses Definitions Additional Insuring Agreements
Policy 2097186534
15. Broad Knowledge / Notice of Occurrence
16. Extended Bodily Injury
17. Contractual Liability – Railroads
18. Office Premises - Limited Pollution Liability Coverage
1. Enhanced Supplementary Payments
The values shown in paragraph 1.f., Coverage Extension – Supplementary Payments, of Section A. Coverages are amended as follows:
A. The amount shown in paragraph (b) for bail bonds is amended from $1,000 to $5,000.
B. The amount shown in paragraph (d) for actual loss of earnings because of time off work is amended from $250. per day to $1,000. per day.
2. Extended Property Damage
Exclusion 1.a., Expected or Intended Injury, of Section B. Exclusions Applicable to Business Liability Coverage, is deleted and replaced with the following:
This insurance does not apply to:
a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property.
3. Contractual Liability for Personal and Advertising Injury Exclusion 1.p.(5) of Section B. Exclusions Applicable to Business Liability Coverage, is deleted.
4. Owned Workboats and Non-owned Watercraft
Under Exclusions, the paragraph entitled Applicable to Business Liability Coverage is amended to make the following changes to the exclusion entitled Aircraft, Auto or Watercraft:
a. Add the following additional exception to the exclusion:
This exclusion does not apply to:
• Any watercraft owned by you that is less than 30 feet long while being used in the course of your inspection or surveying work.
b. Delete exception (3) and replace it with the following:
This exclusion does not apply to:
(3) A watercraft you do not own that is:
(a) Less than 75 feet long; and
(b) Not being used to carry persons or property for a charge.
5. Legal Liability – Damage to Premises / Alienated Premises A. Under Exclusions, the paragraph entitled Applicable to Business Liability Coverage is amended to delete the first two exception statements beneath the exclusion entitled Damage to Property and replace them with the following:
SB300176D (6-16)
Changes to Section E. Businessowners Liability Conditions DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 SB300176D
(Ed. 6-16)
Copyright, CNA All Rights Reserved.
Policy 2097186534
Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire or explosion) to premises rented to you or temporarily occupied by you with the permission of the owner, nor to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Liability And Medical Expenses Limits of Insurance.
Paragraph (2) of this exclusion does not apply if the premises are "your work." B. Under Exclusions, the paragraph entitled Applicable to Business Liability Coverage is amended to delete the unnumbered exception statement beneath exclusion p., and replace it with the following:
Exclusions c. through i. and k. through o. do not apply to damage by fire or explosion to premises while rented to you or temporarily occupied by you with permission of the owner, nor to damage to the contents of premises rented to you for a period of 7 or fewer consecutive days.
A separate limit of insurance applies to this coverage as described in Liability And Medical Expenses Limits of Insurance.
6. Personal and Advertising Injury – Discrimination or Humiliation A. Under Liability And Medical Expenses Definitions, the definition of Personal and advertising injury is amended to add the following tort:
• Discrimination or humiliation that results in injury to the feelings or reputation of a natural person.
B. Under Exclusions, the paragraph entitled Applicable to Business Liability Coverage is amended to make the following changes to the exclusion entitled Personal And Advertising Injury to:
1. Delete its subparagraph (1) and replace it with the following:
This insurance does not apply to:
"Personal and advertising injury":
(1) Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury." This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of:
(a) You; or
(b) Any of your "executive officers", directors, stockholders, partners or member or (if you are a limited liability company) your managers.
2. Add the following new exclusions:
This insurance does not apply to:
• Employment Related Discrimination
Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any insured. • Premises Related Discrimination
Discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured.
Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination.
The coverage provided by this Personal and Advertising Injury – Discrimination or Humiliation provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part.
SB300176D (6-16)
20020003420971865342083
DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 SB300176D
(Ed. 6-16)
Copyright, CNA All Rights Reserved.
Policy 2097186534
7. Property Damage – Elevators
Under Exclusions, the paragraph entitled Applicable to Business Liability Coverage is amended to add the following additional exception statement beneath the exclusion entitled Damage to Property:
Paragraphs (3), (4), and (6) of this exclusion do not apply to "property damage" that results from the use of elevators.
8. Extended Coverage For Newly Acquire/Formed Organizations Who Is An Insured is amended to delete Paragraph 4.a..
9. Additional Insureds
Section C. Who Is An Insured is amended to include the following additional insureds, subject to the provisions stated below:
A. State or Political Subdivisions – Permits
1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit.
2. This insurance does not apply to:
a. "Bodily injury," "property damage," "personal and advertising injury" arising out of operations performed for the state or municipality; or
b. "Bodily injury" or "property damage" included within the "products-competed operations hazard." B. State or Political Subdivisions
A state or political subdivision subject to the following provisions:
1. This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies:
a. The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. The construction, erection, or removal of elevators.
2. This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit.
This insurance does not apply to "bodily injury," "property damage" or personal and advertising injury" arising out of operations performed for the state or municipality.
C. Controlling Interest
Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of:
1. Their financial control of you;
2. Premises they own, maintain or control while you lease or occupy these premises.
This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured.
D. Managers or Lessors of Premises
A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions:
This insurance does not apply to:
1. Any "occurrence" which takes place after you cease to be a tenant in that premises; or
2. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured.
SB300176D (6-16)
DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 SB300176D
(Ed. 6-16)
Copyright, CNA All Rights Reserved.
Policy 2097186534
E. Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you.
This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured.
F. Co-owner of Insured Premises
A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the coowners liability as co-owner of such premises.
G. Lessor of Equipment
Any person or organization from whom you lease equipment. Such person or organization are insureds only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person or organization. A person's or organization's status as an insured under this endorsement ends when their written contract or agreement with you for such leased equipment ends.
With respect to the insurance afforded, these additional insureds, the following additional exclusions apply:
This insurance does not apply:
1. To any "occurrence" which takes place after the equipment lease expires; or
2. To "bodily injury," "property damage" or "personal and advertising injury" arising out of the sole negligence of such additional insured.
Any insurance provided to an additional insured designated under paragraphs A. through G. above does not apply to "bodily injury" or "property damage" included within the "products-completed-operations hazard." H. Lessor of Land
Any person or organization from whom you lease land, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of the ownership, maintenance or use of such land, provided that the "occurrence" giving rise to such "bodily injury" or "property damage", or the offense giving rise to such "personal and advertising injury" takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, or on behalf of, such additional insured.
I. Trade Show Event Lessor
1. With respect to your participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom you are required to include as an additional insured, but only with respect to such person or organization's liability for "bodily injury", "property damage" or "personal and advertising injury caused by:
a. Your acts or omissions; or
b. Acts or omissions of those acting on your behalf;
In the performance of your ongoing operations at a trade show event premises during the trade show event.
2. The coverage provided by this provision does not apply to "bodily injury" or "property damage" included within the "products-completed operations hazard."
J. Engineers, Architects or Surveyors Engaged By You
An architect, engineer or surveyor engaged by you, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by your acts or omissions, or the acts or omissions of others acting on your behalf:
a. In connection with your premises; or
b. In the performance of your ongoing operations.
SB300176D (6-16)
20020003420971865342084
DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 SB300176D
(Ed. 6-16)
Copyright, CNA All Rights Reserved.
Policy 2097186534
But the coverage hereby granted to such additional insureds does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional services by you or on your behalf, including but not limited to:
1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; or
2. Supervisory, inspection, architectural or engineering activities.
10. Fellow Employee First Aid
Paragraph 2.a.(1)(d) of Section C. Who Is An Insured is deleted and replaced with the following:
However none of these "employees" is an insured for:
(d) "Bodily injury" or "personal and advertising injury" arising out of his or her providing or failing to provide professional health care services. However this restriction does not apply to first aid administered by an "employee" who is not an employed doctor or nurse.
11. Retired Partners, Members, Directors, and Employees Paragraph 2. of Section C. Who Is An Insured is amended to include the following as insureds:
Individual persons who are retired partners, members, directors or employees are also insureds, but only for "bodily injury," "property damage," "personal and advertising injury" that results from services performed for you under your direct supervision. All limitations that apply to "employees" and "volunteer workers" also apply to anyone qualifying as an insured under this provision.
12. Participation in Professional Joint Ventures
A. The following paragraph 5. is added to Section C. Who Is An Insured:
5. You are also an insured for your participation in a past or present joint venture that is not named on the Declarations, but only if such joint venture meets all of the following criteria:
a. Each and every one of your co-venturers are architectural, engineering or surveying firms; b. The joint venture has no direct employees; and
c. The joint venture does not own, rent or lease any real or personal property.
However, you are insured only for the conduct of your business within such a joint venture. You are not insured for liability arising out of the acts or omissions of other co-venturers, nor of their partners, members or employees.
This insurance is excess over any other insurance available to such a joint venture, whether primary, excess, contingent, or on any other basis.
B. The last paragraph of Section C. Who Is An Insured is deleted and replaced by the following:
Except as provided in 5. above, no person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations.
13. Blanket Additional Insured with Products-Completed Operations Coverage and Blanket Waiver of Subrogation A. Who Is An Insured is amended to include as an insured, any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement, but the written contract or written agreement must be:
1. Currently in effect or becoming effective during the term of this policy; and
2. Executed prior to the:
a. "Bodily injury" or "property damage"; or
b. Offense that caused the "personal and advertising injury;" for which the additional insured seeks coverage.
SB300176D (6-16)
DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 SB300176D
(Ed. 6-16)
Copyright, CNA All Rights Reserved.
Policy 2097186534
B. The insurance provided to the additional insured is limited as follows:
1. That person or organization is an additional insured only with respect to such person or organization's liability for:
a. "Bodily injury", "property damage" or "personal and advertising injury to the extent caused by:
(1) Your acts or omissions; or
(2) Acts or omissions of those acting on your behalf;
in the performance of your ongoing operations specified in the written contract; or b. "Bodily injury" or "property damage" to the extent caused by "your work" specified in the written contract or written agreement and included in the "products-completed operations hazard", but only if:
(1) The written contract or written agreement requires you to provide the additional insured such coverage; and
(2) This Coverage Part provides such coverage.
2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations.
3. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services, including:
a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as a construction manager; or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager.
4. This insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of construction or demolition work while you are acting as a construction or demolition contractor.
C. Under Businessowners Liability Conditions, the condition entitled Duties in the Event of Occurrence, Offense, Claim or Suit is amended to add the following:
An additional insured under this policy will as soon as practicable:
1. Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance;
2. Tender the defense and indemnity of any claim or "suit" to us for a loss we cover under this Coverage Part;
3. Except as provided for in paragraph D.2. below:
a. Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and
b. Agree to make available any other insurance which the additional insured has for a loss we cover under this coverage part.
We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured.
D. With respect only to the insurance provided by this endorsement, the condition entitled Other Insurance of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraphs 2. and 3., and replace them with the following:
2. This insurance is excess over any other insurance available to the additional insured, whether primary, excess, contingent or on any other basis. But if required by the written contract or written agreement, this SB300176D (6-16)
20020003420971865342085
DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 SB300176D
(Ed. 6-16)
Copyright, CNA All Rights Reserved.
Policy 2097186534
insurance will be primary and noncontributory relative to insurance on which the additional insured is a Named Insured.
3. When this insurance is excess, we will have no duty under Business Liability insurance to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit" if no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers.
When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of:
(a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and
(b) The total of all deductible and self-insured amounts under all that other insurance.
We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part.
E. Additional Insured – Extended Coverage
When an additional insured is added by this or any other endorsement attached to this Coverage Part, Who Is An Insured is amended to make the following natural persons insureds.
If the additional insured is:
a. An individual, then his or her spouse is an insured; b. A partnership or joint venture, then its partners, members and their spouses are insureds; c. A limited liability company, then its members and managers are insureds; or d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are additional insureds;
but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations.
Please see the Estates, Legal Representatives and Spouses provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person insureds.
F. Estates, Legal Representatives and Spouses
The estates, heirs, legal representatives and spouses of any natural person insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives and spouses only for claims arising solely out of their capacity as such and, in the case of a spouse, where such claim seeks damages from marital common property, jointly held property, or property transferred from such natural person insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative or spouse outside the scope of such person's capacity as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business.
G. Blanket Waiver of Subrogation
The condition entitled Transfer of Rights of Recovery Against Others To Us of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraph 2. and replace it with the following:
2. We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included within the "products-completed operations hazard." SB300176D (6-16)
DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 SB300176D
(Ed. 6-16)
Copyright, CNA All Rights Reserved.
Policy 2097186534
14. Amendment- Aggregate Limits of Insurance (Per Project) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A.1., and for all medical expenses caused by accidents under Coverage A.2., which can be attributed only to ongoing operations at a single construction project:
1. A separate Construction Project General Aggregate limit applies to each construction project. The Construction Project General Aggregate limit is equal to the amount of the General Aggregate limit shown in the Declarations.
2. The Construction Project General Aggregate limit is the most we will pay for the sum of all damages payable under Coverage A.1., except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard," and for medical expenses payable under Coverage A.2. regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or bringing "suits."
3. Any payments made under Coverage A.1. for damages or under Coverage A.2. for medical expenses shall reduce the Construction Project General Aggregate limit for the applicable construction project. Such payments shall not reduce the General Aggregate limit shown in the Declarations nor shall they reduce any Construction Project General Aggregate limit applicable to other construction projects.
4. The limits shown in the Declarations for Liability and Medical Expenses, Damage to Premises Rented to You, and Medical Expenses continue to apply. However, instead of being subject to the General Aggregate limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate limit.
B. All:
1. Damages because of "personal and advertising injury", regardless of the number of construction projects involved;
2. Damages under Coverage A.1. which cannot be attributed solely to ongoing operations at a single construction project, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and
3. Medical expenses under Coverage A.2. caused by accidents which cannot be attributed solely to ongoing operations at a single construction project;
will reduce the General Aggregate Limit shown in the Declarations, and shall not reduce any Construction Project General Aggregate Limit.
C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products/Completed Operations Aggregate limit, and not reduce the General Aggregate limit nor any Construction Project General Aggregate limit.
D. If a construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project.
E. The provisions of the Limits Of Insurance section not otherwise modified by this endorsement shall continue to apply as stipulated.
SB300176D (6-16)
20020003420971865342086
DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 SB300176D
(Ed. 6-16)
Copyright, CNA All Rights Reserved.
Policy 2097186534
15. Broad Knowledge / Notice of Occurrence
Under Businessowners Liability Conditions, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions:
A. BROAD KNOWLEDGE OF OCCURRENCE
You must give us or our authorized representative notice of an "occurrence", offense, claim or "suit" only when the "occurrence", offense, claim or "suit" is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an "employee" designated by any of the above to give such notice.
B. NOTICE OF OCCURRENCE
Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an "occurrence", offense, claim or "suit", and that failure is solely due to your reasonable belief that the "bodily injury" or "property damage" is not covered under this Coverage Part. However, you shall give written notice of such "occurrence", offense, claim or "suit" to us as soon as you are aware that this insurance may apply to such "occurrence", offense, claim or "suit."
16. Extended Bodily Injury
Under Liability And Medical Expenses Definitions, the definition of "Bodily injury," is deleted and replaced with the following:
"Bodily Injury" means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental injury or mental anguish sustained by that person at any time which results as a consequence of the physical injury, sickness or disease.
17. Contractual Liability – Railroads
Under Liability And Medical Expenses Definitions, and with respect only to operations performed within 50 feet of railroad property, the definition of "insured contract" is deleted and replaced by the following:
"Insured contract" means:
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement;
c. Any easement or license agreement;
d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement.
Paragraph f. does not include that part of any contract or agreement:
(1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
a. Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage.
(2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in paragraph (1) above and supervisory, inspection, architectural or engineering activities.
SB300176D (6-16)
DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 SB300176D
(Ed. 6-16)
Copyright, CNA All Rights Reserved.
Policy 2097186534
18. Office Premises Limited Pollution Coverage
This Office Premises Limited Pollution Coverage section of the Architects, Engineers and Surveyors Extension endorsement modifies several portions of the Businessowners Liability Coverage Form. These modifications apply only to the coverage provided by this section of the endorsement.
A. The following paragraph 3. is added to SECTION A. COVERAGES:
3. Office Premises Limited Pollution Coverage
a. Insuring Agreement
(1) We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" which directly results from a covered "pollution incident" to which this insurance applies. We will have the right and duty to defend any "suit" seeking those damages, even if any allegations of the "suit" are groundless, false or fraudulent. We may at our discretion investigate any "pollution incident" and settle any claim or "suit" that may result. But:
(a) The amount we will pay for damages is limited as described in SECTION D. Liability And Medical Expenses Limits Of Insurance as amended by this endorsement; and (b) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements.
(c) We have no duty to defend "suits" seeking damages not covered by this endorsement.
No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under paragraph 1.e. Coverage Extension – Supplementary Payments of SECTION A. as amended by this section of the endorsement.
(2) We will also reimburse you for "preventive remedial expense" that directly results from a covered "pollution incident" to which this insurance applies.
We will reimburse you up to $25,000 per annual policy period for all "preventive remedial expense" directly resulting from all covered "pollution incidents," subject to a deductible of $5,000 per covered "pollution incident." This annual limit is in addition to the per incident deductible, and is in addition to the Pollution Liability Aggregate Limit described in SECTION D. Liability And Medical Expenses Limits Of Insurance as amended by this endorsement.
This "preventive remedial expense" coverage does not apply to expenses that are covered by any other insurance available to the insured.
(3) This insurance applies to "bodily injury," "property damage" or "preventive remedial expense" at, on or from "your office premises" only if:
(a) The "bodily injury" directly results from a "pollution incident" that happens entirely above-ground at or from "your office premises"; or
(b) The "property damage" occurs off of "your office premises" and directly results from a "pollution incident" that happens entirely above-ground at or from "your office premises"; or (c) The "preventive remedial expense" directly results from a "pollution incident" that happens entirely above-ground on "your office premises" and does not result in any covered "bodily injury" or "property damage; and
(d) The "pollution incident":
(i) is demonstrable as commencing and ending within 72 hours; (ii) is accidental;
(iii) "commences during the policy period"; and
(iv) happens in the "coverage territory."
SB300176D (6-16)
20020003420971865342087
DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 SB300176D
(Ed. 6-16)
Copyright, CNA All Rights Reserved.
Policy 2097186534
(4) Commences during the "policy period" means that the first emission, discharge, release or escape of the "pollutant" or "pollutants" from which the "bodily injury" or "property damage" arises is demonstrable as having occurred during this policy period. (5) All "bodily injury" or "property damage" resulting from one "pollution incident" shall be deemed to have occurred only at the commencement date of the covered "pollution incident." (6) The insured's responsibility to pay damages because of "bodily injury" or "property damage" must be determined in a "suit" on the merits in the "coverage territory" or in a settlement we agree to. (7) Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services, or death resulting from the "bodily injury." B. SECTION B. EXCLUSIONS is deleted and replaced by the following:
This insurance does not apply to:
a. "Bodily injury," "property damage" or "preventive remedial expense" expected or reasonably foreseeable from the standpoint of the insured.
b. "Bodily injury," "property damage" or "preventive remedial expense" arising out of a "pollution incident" which is a repeat or resumption of a previous "pollution incident" involving the same pollutant from essentially the same source within the previous twelve (12) months, at the same premises. c. "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. d. Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law.
e. "Bodily injury" to:
(1) An employee of the insured arising out of and in the course of:
(i) employment by the insured; or
(ii) performing duties related to the conduct of the insured's business. (2) The spouse, child, parent, brother or sister of that employee as a consequence of (1) above.
This exclusion applies:
(1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury.
f. "Property damage" to
(1) A "waste facility" to which waste from the operations of an insured is consigned; (2) Property you own, rent, or occupy now or at any time in the past; (3) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises;
(4) Property loaned to an insured; or
(5) Personal property in care, custody or control of an insured.
Paragraph (2) of this exclusion f. does not apply to "preventive remedial expense" at property you own, rent or occupy now.
g. "Bodily injury" at or from a "waste facility" to which waste from the operation of an insured is consigned. h. "Bodily injury," "property damage" or "preventive remedial expense" arising out of a "pollution incident" at or from a "waste facility" which is on "your office premises." SB300176D (6-16)
DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 SB300176D
(Ed. 6-16)
Copyright, CNA All Rights Reserved.
Policy 2097186534
i. "Bodily injury" or "property damage" included within the "products-completed operations hazard." j. "Bodily injury" or "property damage" arising out of the ownership or operation of any offshore facility as defined in the Outer Continental Shelf Lands Act Amendment of 1978 or the Clean Water Act of 1977 as amended 1978 or any deepwater port as defined in the Deepwater Port Act of 1974 as amended or as may be amended.
k. "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a hostile fire at any premises, site or location which is or was at any time owned or occupied by or rented or loaned to any insured.
As used in this exclusion, a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be.
l. "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto," rolling stock or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading."
This exclusion does not apply to "bodily injury" or "property damage" arising out of parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured.
m. "Bodily injury" or "property damage" arising out of the emission, discharge, release or escape of drilling fluid, oil, gas or other fluids from any oil, gas, mineral, water or geothermal well. n. "Bodily injury," "property damage" or "preventive remedial expense" arising out of a "pollution incident" which results from or is directly or indirectly attributable to failure to comply with any applicable statute, regulation, ordinance, directive or order relating to the protection of the environment and promulgated by any governmental body, provided that failure to comply is a willful or deliberate act or omission of:
(1) The insured; or
(2) You or any of your members, partners, executive officers or managers of limited liability companies. o. "Bodily injury," "property damage" or "preventive remedial expense" arising out of acid rain. p. Any loss, cost or expense arising out of any request, demand or order by a governmental authority that any insured or others test for, monitor, clean-up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants" at any site which is included on an EPA or state environmental agency priority clean-up list prior to the "pollution incident." q. "Bodily injury," "property damage" or "preventive remedial expense" arising out of a "pollution incident" which results from failure of air or waste water pollution control equipment. r. "Bodily injury," "property damage" or "preventive remedial expense" resulting from the "hazardous properties" of "nuclear material."
As used in this exclusion:
"Hazardous properties" includes radioactive, toxic, or explosive properties; "Nuclear material" means "source material," "special nuclear material," or "by-product material"; "Source material," "special nuclear material," and "by-product material" have the meanings given them in the Atomic Energy Act of 1954, or in any law amendatory thereof. s. "Bodily injury," "property damage" or "preventive remedial expense" arising out of a "pollution incident" from any insured's premises that was used by that insured for the storage, disposal, processing or treatment of waste materials and was:
(1) Sealed off, closed, abandoned or alienated prior to the effective date of this policy; or (2) Sealed off or closed subject to statute, ordinance or governmental regulation or directive requiring maintenance or monitoring during or after sealing off or closure. t. "Bodily injury," "property damage" or "preventive remedial expense" arising out of waste derived from medical services, procedures, testing or research, and which could potentially transmit disease.
SB300176D (6-16)
20020003420971865342088
DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 SB300176D
(Ed. 6-16)
Copyright, CNA All Rights Reserved.
Policy 2097186534
u. Any multiple damages, "punitive or exemplary damages" or fines or penalties. However, if a "suit" is brought against the insured with respect to a claim for acts or alleged acts falling within the coverage hereof, seeking both compensatory and "punitive or exemplary" damages, then we will afford a defense to such action, without liability for such "punitive or exemplary damages." This exclusion does not apply to "suits" brought in the state of Texas. v. "Bodily injury," "property damage" or "preventive remedial expense" arising out of:
(1) the actual, alleged or threatened exposure at any time to asbestos or any loss, cost, or expense that may be awarded or incurred by reason of a claim or "suit" for such injury or damage; or (2) complying with a governmental direction or request to test for, monitor, clean-up, remove, contain, or dispose of asbestos.
Asbestos means the mineral in any form whether or not the asbestos was at any time:
(1) Airborne as a fiber, particle, or dust;
(2) Contained in or formed a part of a product, structure, or other real or personal property; (3) Carried on clothing;
(4) Inhaled or ingested; or
(5) Transmitted by any other means.
w. "Bodily injury" or "property damage" arising out of:
(1) The transportation of "mobile equipment" by "auto" owned or operated by or rented or loaned to any insured; or
(2) The use of "mobile equipment" in, or while in practice or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity.
x. Any loss, cost or expense arising out of any:
(1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or
(2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of "pollutants."
However, this exclusion does not apply to liability for damages because of "property damage" that is not otherwise excluded by this coverage, Office Premises Limited Pollution Coverage, unless the request, demand, order or statutory or regulatory requirement or claim or "suit" is solely by or on behalf of a governmental authority.
C. Paragraph 2.b.(1) of Medical Expenses, of SECTION A. Coverages is deleted and replaced by the following:
(1) Expenses incurred by the insured for first aid to others at the time of a "pollution incident" for "bodily injury" to which this insurance applies.
D. SECTION C. WHO IS AN INSURED is amended as follows:
1. The following subparagraph d. is added to paragraph 4. of SECTION C. WHO IS AN INSURED:
d. Coverage 4., Office Premises Limited Pollution Coverage, does not apply to "bodily injury" or "property damage" arising out of "pollution incidents" that occurred before you acquired or formed the organization.
2. The following additional paragraph is added at the end of SECTION C. WHO IS AN INSURED:
No person or organization identified as an insured on any endorsement now or hereafter attached to this Coverage Part is an insured with respect to COVERAGE 4., Office Premises Limited Pollution Coverage, unless that endorsement specifically references Office Premises Limited Pollution Coverage by name.
SB300176D (6-16)
DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 SB300176D
(Ed. 6-16)
Copyright, CNA All Rights Reserved.
E. SECTION D. Liability And Medical Expenses Limits Of Insurance is deleted and replaced by the following:
LIMITS OF INSURANCE
1. The Limits of Insurance described in this endorsement's Schedule of Limits for Office Premises Limited Pollution Coverage, and the rules below fix the most we will pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or bringing "suits."
2. The Pollution Liability Aggregate Limit is the most we will pay for all damages because of all "bodily injury" and "property damage" directly resulting from all "pollution incidents" to which Office Premises Limited Pollution Coverage applies.
3. Subject to 2. above, the Each Pollution Incident Limit shown in the Schedule is the most we will pay for the sum of all damages because of "bodily injury" and "property damage" directly resulting from any one "pollution incident" to which Office Premises Limited Pollution Coverage applies.
4. The Limits of Insurance of this Office Premises Limited Pollution Coverage apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the preceding period for purposes of determining the Limits of Insurance.
5. The Limits of Insurance for this Office Premises Limited Pollution Coverage are separate from and not subject to the General Aggregate Limit for COVERAGE 1. Business Liability.
6. The Limits of Insurance for this Office Premises Limited Pollution Coverage shall not be amended by any endorsement attached to this policy which does not specifically reference Office Premises Limited Pollution Coverage.
F. SECTION E. BUSINESSOWNERS GENERAL LIABILITY CONDITIONS is amended as follows:
1. Condition 2.a. is replaced by the following:
2. Duties In The Event of Pollution Incident, Claim or Suit. a. You must see to it that we are notified as soon as practicable of a "pollution incident" that may result in a claim. To the extent possible, notice should include:
(1) How, when, and where the "pollution incident" took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any release, and of any injury or damage arising out of the "pollution incident."
2. The following Condition is added:
Remediation of Insured's Premises
a. Except for "preventive remedial expense" as described in paragraph 4.a.(2) of SECTION A.
COVERAGES, this policy's Office Premises Limited Pollution Coverage doesn't provide coverage for clean-up of "your premises." If a "pollution incident" happens on "your premises" that poses imminent and substantial danger of "bodily injury" or "property damage" to which this insurance applies, you must promptly take at your own expense all reasonable steps to curtail or prevent covered "bodily injury" or "property damage" from happening.
b. If, in defiance of the intent of this policy, we are ever compelled by court or governmental order to pay to clean up part or all of "your premises," you agree to reimburse us for all such costs.
SB300176D (6-16)
20020003420971865342089
Policy 2097186534
DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 SB300176D
(Ed. 6-16)
Copyright, CNA All Rights Reserved.
Policy 2097186534
G. SECTION H. OTHER INSURANCE of the Businessowners Common Policy Conditions is amended to add the following paragraph 4.:
4. This condition does not apply to coverage afforded under Insuring Agreement a.(2) of Coverage 4. Office Premises Limited Pollution Coverage.
H. SECTION F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS is amended to include the following definitions:
"Commences during the policy period" means that the first emission, discharge, release or escape of the "pollutant" or "pollutants" from which the "bodily injury" or "property damage" arises is demonstrable as having occurred during this policy period.
"Pollution incident" means the emission, discharge, release, or escape of "pollutants," provided that such emission, discharge, release, or escape results in the injurious presence of "pollutants" in or upon land, the atmosphere, interior of a building or any water course, body of water or ground water. A series of related emissions, discharges, releases or escapes of "pollutants" will be deemed to be one "pollution incident." "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. "Preventive remedial expense" means expenses incurred by you for the removal or neutralization of "pollutants" on "your office premises", directly resulting from a covered "pollution incident." "Punitive or exemplary damages" means those damages imposed to punish a wrongdoer and to deter others from similar conduct."
"Waste facility" means any site to which waste is delivered for storage, disposal, processing or treatment, whether or not such site is licensed by a governmental authority to perform such storage, disposal, processing or treatment.
"Your office premises" means "locations" you own, rent or occupy for general office purposes. "Your office premises" does not mean storage yards, nor land held for speculation or development, even if such yards or land adjoin your office building. "Your office premises" does not mean premises you live in. For the purpose of this definition, "location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad.
All other terms and conditions of the Policy remain unchanged.
SB300176D (6-16)
DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 SB146968B
(Ed. 6-16)
Copyright, CNA All Rights Reserved.
IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES.
BLANKET ADDITIONAL INSURED ENDORSEMENT
WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE
&
BLANKET WAIVER OF SUBROGATION
Architects, Engineers and Surveyors
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
BUSINESSOWNERS COMMON POLICY CONDITIONS
A. Who Is An Insured is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be:
1. Currently in effect or becoming effective during the term of this policy; and
2. Executed prior to the:
a. "Bodily injury" or "property damage"; or
b. Offense that caused the "personal and advertising injury"; for which the additional insured seeks coverage
B. The insurance provided to the additional insured is limited as follows:
1. The person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by:
a. Your acts or omissions; or
b. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the written contract or written agreement; or c. "Your work" that is specified in the written contract or written agreement, but only for "bodily injury" or "property damage" included in the "products-completed operations hazard", and only if:
(1) The written contract or written agreement requires you to provide the additional insured such coverage; and
(2) This Coverage Part provides such coverage.
2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations.
3. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including:
a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as construction manager; or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager.
SB146968B (6-16)
DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 SB146968B
(Ed. 6-16)
Copyright, CNA All Rights Reserved.
4. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of construction or demolition work while you are acting as a construction or demolition contractor.
C. Under Businessowners Liability Conditions, the condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following:
An additional insured under this endorsement will as soon as practicable:
1. Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance;
2. Tender the defense and indemnity of any claim or "suit" to us for a loss we cover under this Coverage Part;
3. Except as provided for in paragraph D.2. below:
a. Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and
b. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part.
We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured.
D. With respect only to the insurance provided by this endorsement, the condition entitled Other Insurance of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraphs 2. and 3. and replace them with the following:
2. This insurance is excess over any other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, But if required by the written contract or written agreement, this insurance will be primary and noncontributory relative to insurance on which the additional insured is a Named Insured.
3. When this insurance is excess, we will have no duty under Business Liability insurance to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit" If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers.
When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of:
(a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all that other insurance.
We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part.
E. The condition entitled Transfer of Rights of Recovery Against Others to Us of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to deleted paragraph 2. and replace it with the following:
2. We waive any right of recovery we may have against any person or organization with whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included within the "products-completed operations hazard." All other terms and conditions of the Policy remain unchanged.
SB146968B (6-16) Page 2 of 2
Policy 2097186534
DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 2018 Liberty Mutual Insurance
AC 85 43 06 18 Includes copyrighted material of Insurance Services Office, Inc., with Pitsagpeerm1isosfio7n.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CALIFORNIA BUSINESS AUTO COVERAGE
ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement.
If the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement Endorsement with a specific state named in the title, this endorsement does not apply to vehicles garaged in that specified state.
COVERAGE INDEX
SUBJECT PROVISION NUMBER
ACCIDENTAL AIRBAG DEPLOYMENT 12
ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3
AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 20 AMENDED FELLOW EMPLOYEE EXCLUSION 5
AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 14 BODILY INJURY REDEFINED 24
EMPLOYEES AS INSUREDS (Including Employee Hired Auto) 2 EXTRA EXPENSE - BROADENED COVERAGE 10
GLASS REPAIR - WAIVER OF DEDUCTIBLE 16
HIRED AUTO COVERAGE TERRITORY 22
HIRED AUTO PHYSICAL DAMAGE (Including Employee Hired Auto) 6 LOAN / LEASE GAP (Coverage Not Available In New York) 15 NEWLY FORMED OR ACQUIRED SUBSIDIARIES 1
PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 17 PERSONAL EFFECTS COVERAGE 11
PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM 13 PRIMARY AND NON-CONTRIBUTORY - WRITTEN CONTRACT OR WRITTEN AGREEMENT 23 RENTAL REIMBURSEMENT 9
SUPPLEMENTARY PAYMENTS 4
TOWING AND LABOR 7
TWO OR MORE DEDUCTIBLES 18
UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 19
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION II - LIABILITY COVERAGE is amended as follows:
21 1. NEWLY FORMED OR ACQUIRED SUBSIDIARIES
SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured":
d. Any legally incorporated subsidiary of which you own more than 50 percent interest during the policy period. Coverage is afforded only for 90 days from the date of acquisition or formation.
However, "insured" does not include any organization that:
(1) Is a partnership or joint venture; or
(2) Is an "insured" under any other automobile policy except a policy written specificall y to apply in excess of this policy; or
(3) Has exhausted its Limit of Insurance or had its policy terminated under any other automobile policy.
38 of 86
Policy 7013446068 COMMERCIAL AUTO
AC 85 43 06 18
DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 2018 Liberty Mutual Insurance
Includes copyrighted material of Insurance Services Office, Inc., with Pitsagpeerm2isosfio7 Coverage under this provision d. does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization.
2. EMPLOYEES AS INSUREDS
SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured":
e. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any "employee". f. Any "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee’s" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee".
3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT
SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured":
g. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, written agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured".
However, such person or organization is an "insured":
(1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or written agreement, or the permit has been issued to you; and
(3) Only for the duration of that contract, agreement or permit.
The "insured" is required to submit a claim to any other insurer to which coverage could apply for defense and indemnity. Unless the "insured" has agreed in writing to primary noncontributory wording per enhancement number 24, this policy is excess over any other collectible insurance.
4. SUPPLEMENTARY PAYMENTS
SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments , Paragraphs (2) and (4) are replaced by the following:
(2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work.
5. AMENDED FELLOW EMPLOYEE EXCLUSION
In those jurisdictions where, by law, fellow "employees" are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added:
SECTION II - LIABILITY , Exclusion B.5. Fellow Employee does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire if you have workers compensation insurance in force for all of your "employees" at the time of "loss".
This coverage is excess over any other collectible insurance.
SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows:
6. HIRED AUTO PHYSICAL DAMAGE
Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following:
If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos":
39 of 86 280 001843 57021999
Policy 7013446068
AC 85 43 06 18 n.
DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 agpeerm3isosfio7
a. You hire, rent or borrow; or
b. Your "employee" hires or rents under a written contract or agreement in that "employee’s" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible:
a. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of:
(1) $50,000; or
(2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible.
b. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage.
c. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. d. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss.
e. This coverage extension does not apply to:
(1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee" or any member of your "employee’s" household.
Coverage provided under this extension is excess over any other collectible insurance available at the time of "loss".
7. TOWING AND LABOR
SECTION III - PHYSICAL DAMAGE COVERAGE, Paragraph A.2. Towing , is amended by the addition of the following:
We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled:
a. For private passenger type vehicles, we will pay up to $75 per disablement. b. For "light trucks", we will pay up to $75 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less.
c. For "medium trucks", we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 - 20,000 pounds.
However, the labor must be performed at the place of disablement.
8. PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. Coverage Extensions, Transportation Expenses of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of $50 per day and a maximum limit of $1,500.
9. RENTAL REIMBURSEMENT
SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage , is amended by adding the following:
a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement requires the rental of a comparable or lesser vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days.
c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". This limit is excess over any other collectible insurance.
40 of 86
Policy 7013446068
AC 85 43 06 18 n.
2018 Liberty Mutual Insurance
Includes copyrighted material of Insurance Services Office, Inc., with Pits DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 agpeerm4isosfio7
d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill.
e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension .
f. No deductible applies to this coverage.
g. The insurance provided under this extension is excess over any other collectible insurance.
If this policy also provides Rental Reimbursement Coverage you purchased, the coverage provided by this Enhancement Endorsement is in addition to the coverage you purchased.
For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11.B.
10. EXTRA EXPENSE - BROADENED COVERAGE
Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage , we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000.
11. PERSONAL EFFECTS COVERAGE
A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage , is amended by adding the following:
If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto."
The insurance provided under this provision is excess over any other collectible insurance.
B. SECTION V - DEFINITIONS is amended by adding the following:
For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an "insured." "Personal effects" does not include tools, equipment, jewelry, money or securities.
12. ACCIDENTAL AIRBAG DEPLOYMENT
SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended by adding the following:
If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag.
Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer’s warranty. However, we agree to pay any deductible applicable to the other coverage or warranty.
13. PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible, is amended by adding the following:
Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global position device and that device was the method of recovery of the vehicle.
14. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions , Paragraph a. of the exception to exclusions 4.c. and 4.d. is deleted and replaced with the following:
Exclusions 4.c. and 4.d. do not apply to:
a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is:
(1) Permanently installed in the covered "auto" at the time of the "loss" or removable from a housing unit that is permanently installed in the covered "auto"; and (2) Designed to be solely operated by use from the power from the "auto’s" electrical system; and (3) Physical damage coverages are provided for the covered "auto".
If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible.
41 of 86 280 001843 57021999
Policy 7013446068 2018
Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with Pits
DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 agpeerm5isosfio7
15. LOAN / LEASE GAP COVERAGE (Not Applicable In New York) A. Paragraph C. Limit Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following:
The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the:
1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of:
a. Overdue payments and financial penalties associated with those payments as of the date of the "loss";
b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear;
c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; d. Transfer or rollover balances from previous loans or leases; e. Final payment due under a "Balloon Loan";
f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto";
g. Security deposits not refunded by a lessor;
h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto";
i. Any amount representing taxes;
j. Loan or lease termination fees; or
2. The actual cash value of the damage or stolen property as of the time of the "loss".
An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas.
B. Additional Conditions
This coverage applies only to the original loan for which the covered "auto" that incurred the "loss" serves as collateral, or lease written on the covered "auto" that incurred the "loss".
C. SECTION V - DEFINITIONS is changed by adding the following:
As used in this endorsement provision, the following definitions apply:
"Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value.
A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment.
16. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following:
No deductible applies to glass damage if the glass is repaired rather than replaced.
17. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following:
The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is:
a. In the charge of an "insured";
b. Legally parked; and
c. Unoccupied.
42 of 86
Policy 7013446068
AC 85 43 06 18 n.
2018 Liberty Mutual Insurance
Includes copyrighted material of Insurance Services Office, Inc., with Pits DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 2018 Liberty Mutual Insurance
Includes copyrighted material of Insurance Services Office, Inc., with Pitsagpeerm6isosfio7 The "loss" must be reported to the police authorities within 24 hours of known damage.
The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations.
This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business.
18. TWO OR MORE DEDUCTIBLES
Under SECTION III - PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same "accident", the following applies to Paragraph D. Deductible :
a. If the applicable Business Auto deductible is the smaller (or smallest) deductible, it will be waived; or
b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible , it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the "loss" involves two or more Business Auto coverage forms or policies, the smaller (or smallest) deductible will be waived.
For the purpose of this endorsement, company means any company that is part of the Liberty Mutual Group.
SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows:
19. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
SECTION IV- BUSINESS AUTO CONDITIONS , Paragraph B.2. is amended by adding the following:
If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced.
However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure.
20. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph A.2.a. is replaced in its entirety by the following:
a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) Member, if you are a limited liability company;
(4) An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation.
To the extent possible, notice to us should include:
(a) How, when and where the "accident" or "loss" took place; (b) The "insured’s" name and address; and
(c) The names and addresses of any injured persons and witnesses.
21. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us, is amended by the addition of the following:
If the person or organization has in a written agreement waived those rights before an "accident" or "loss", our rights are waived also.
22. HIRED AUTO COVERAGE TERRITORY
SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph B.7. Policy Period, Coverage Territory , is amended by the addition of the following:
f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the "insured’s" responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to.
43 of 86 280 001843 57021999
Policy 7013446068
AC 85 43 06 18 n.
DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 2018 Liberty Mutual Insurance
Includes copyrighted material of Insurance Services Office, Inc., with Pitsagpeerm7isosfio7 This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver.
23. PRIMARY AND NON-CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT The following is added to SECTION IV - BUSINESS AUTO CONDITIONS, General Conditions, B.5. Other Insurance and supersedes any provision to the contrary:
This Coverage Form’s Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that:
1. Such "insured" is a Named Insured under such other insurance; and
2. You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured".
SECTION V - DEFINITIONS is amended as follows:
24. BODILY INJURY REDEFINED
Under SECTION V - DEFINITIONS , Definition C. is replaced by the following:
"Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. 44 of 86
Policy 7013446068
AC 85 43 06 18 n.
DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.
Schedule
Person or Organization Job Description
With respect to all employees subject to the
workers' compensation laws of the state of
California, any person or organization for whom
the Named Insured has agreed by written
contract to furnish this waiver.
This policy is subject to a minimum charge of $250 for the issuance of waivers of subrogation This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Issued to
Premium
TRB AND ASSOCIATES
Carrier Code 00920
Endorsement No.
Countersigned at on By:
WC 04 03 06
Authorized Representative
(Ed. 4-84) © 1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved.
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE WC 04 03 06 Policy EIG463819502 (Ed. 4-84)
This endorsement, effective 11/10/2022 at 12:01 AM standard time, forms a part of Policy No. EIG 4638195 02 Of the EMPLOYERS PREFERRED INS. CO.
DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 Mar 28, 2023 10:39 AM, 1084671629
Contract and Routing Form
Requisition Number: 1084657934
Date Originated:
Finance Department ∙ 555 Santa Clara Street ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4592 Department: Planning and Building Services, Building Division Staff Contact: Anthony Cook, [email protected] Contract Type: Professional Services Agreement
Vendor: TRB & Associates Inc. Vendor Number:102771
Business License Number: 11706456
Contract Not to Exceed Amount: 100000.00
Contract Start Date: Mar 28, 2023 End Date: Mar 28, 2024 Option to Extend: City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one year, by written notice to Consultant. The total duration of this Agreement, including the exercise of any options under this section, shall not exceed three years.
Authority to Contract: City Manager
Other Comments:
Insurance attached
Pre-req attached
Attachments are uploaded for review here: https://bit.ly/vContracts Approved Pre-Requisition Form
Insurance
I have uploaded additional files.No
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D 23-PS149
DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 Contract and Routing Form
Signature Page
Department Initial Date Comment
Originating Department/Division
Risk Manager
Finance Department
City Attorney
City Manager
City Clerk
Return executed contract to: Anthony Cook
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D 3/28/2023
3/28/2023
3/29/2023
3/29/2023
3/29/2023
3/29/2023
DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005
TRB & Associates Inc. Professional Services Agreement Page 1 of 10
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT
TRB & ASSOCIATES INC.
This Consultant and Professional Services Agreement ("Agreement") is made at Vallejo, California, dated for reference this 28th day of March, 2023, by and between the City of Vallejo, a municipal corporation ("City"), and TRB & Associates Inc., a California corporation, hereinafter referred to as “Consultant”, who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide the City professional services as specified in Exhibit A, entitled “As-Needed Outside Plan Review, Permitting, and Field Inspection Services,” hereinafter referred to as “Scope of Work.”
2. Payment. City shall pay Consultant for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit B, entitled “Compensation.” The payments specified in Exhibit B shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement.
3. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.
4. Indemnification. Consultant shall indemnify, hold harmless, and defend City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, consultant’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Consultant’s operations, or any subcontractor’s operations, to be performed under this agreement for Consultant’s or subcontractor’s tort negligence including active or passive, or strict negligence, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of Consultant, or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by the law, regardless to any limitation by insurance, with the exception of the sole negligence or willful misconduct of the City.
The provisions of this section shall survive the expiration or termination of this Agreement.
5. Insurance Requirements. Consultant agrees to comply with all of the Insurance Requirements set forth in Exhibit C, entitled “Insurance Requirements DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 TRB & Associates Inc. Professional Services Agreement Page 2 of 10 for Consultant.” Failure to maintain required insurance at all times shall constitute a default and material breach.
6. Accident Reports. Consultant shall immediately report (as soon as feasible, but not more than 24 hours) to the City Risk Manager any accident or other occurrence causing injury to persons or property during the performance of this Agreement. The report shall be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses, and telephone numbers of any known witnesses, (c) the date, time, and description of the accident or other occurrence.
7. Conflict of Interest. Consultant warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Consultant’s family, business, real property or financial interests and the services to be provided under this Agreement. Consultant shall comply with the City of Vallejo Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event of a change in Consultant’s family, business, real property, or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Consultant shall disclose such conflict in writing to City. Every individual who performs services on behalf of Consultant pursuant to this Agreement must file a full Statement of Economic Interests (also known as Form 700) with the City Clerk if the work of the individual involves making a governmental decision whether to issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; authorizes the City to enter into, modify, or renew a contract; grants City approval of specifications for a contract; adopts or approves for the City any policy, standard or guideline; lobbies on behalf of the City, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code.
8. Independent Contractor. Consultant is an independent contractor.
Neither Consultant nor any of Consultant’s officers, employees, agents, or subcontractors, if any, is an employee of City by virtue of this Agreement or performance of any services pursuant to this Agreement. City shall have the right to control Consultant only insofar as the results of Consultant’s services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes services pursuant to this Agreement.
9. Licenses, Permits, Etc. Consultant represents and warrants to City that all consultant services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Agreement and that Consultant has all the permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that it shall, at its sole cost DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 TRB & Associates Inc. Professional Services Agreement Page 3 of 10 and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession.
10. Business License. Consultant, and its subcontractors, has obtained or agrees to apply prior to performing any services under this Agreement to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Consultant until such business license(s) has been obtained.
11. Standard of Performance. Consultant shall provide products and perform all services required pursuant to this Agreement in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by a member of Consultant’s profession currently practicing in California.
Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation applicable federal, state, and local laws and regulations, and all other contingencies or considerations.
Consultant’s responsibilities under this section shall not be delegated. Consultant shall be responsible to City for acts, errors, or omissions of Consultant’s subcontractors.
Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work and shall prepare plans, reports, and/or other work products in such a way that additional costs will not be incurred beyond a project budget approved or amended by the City Manager or his or her designee.
Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this Agreement and determining whether the Consultant is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not relieve the Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Consultant.
12. Force Majeure. Neither party shall be considered in default of this Agreement to the extent performances are prevented or delayed by causes or DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 TRB & Associates Inc. Professional Services Agreement Page 4 of 10 circumstances beyond either party’s reasonable control, such as war, riots, strikes, lockouts, work slowdown or stoppage, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts.
In the event that the Consultant is unable to meet the completion date or schedule of services, Consultant shall immediately inform the City Representative of this in writing. If additional time is required to perform the work, the City Representative may adjust the schedule.
13. Time is of the Essence. Time is of the essence in this Agreement. Any reference to days means calendar days, unless otherwise specifically stated.
14. Personnel. Consultant agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement.
The payment made to Consultant pursuant to this Agreement shall be the full and complete compensation to which Consultant and Consultant’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Consultant nor Consultant’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Consultant. The City shall not be required to pay any workers' compensation insurance on behalf of Consultant.
Consultant shall pay, when and as due, any and all taxes incurred as a result of Consultant’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
15. Consultant Not Agent. Except as authorized under this Agreement or as City may authorize in a letter of authorization signed by the City Manager or his or her designee, Consultant shall have no authority, express or implied to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, under this Agreement, to bind City to any obligation whatsoever.
16. Term. The term of this Agreement shall commence on March 28, 2023 and shall continue in full force and effect until March 28, 2024.
City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one year, by written notice to Consultant. The total duration of this Agreement, including the exercise of any options under this section, shall not exceed three years.
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 TRB & Associates Inc. Professional Services Agreement Page 5 of 10 If the term of this Agreement extends into fiscal years subsequent to that in which it is initially approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo.
If funds to effect such continued payment are not appropriated, Consultant agrees to terminate any services supplied to City of Vallejo under this Agreement, and relieve City of any further obligation therefore.
17. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate or abandon any portion or all of the services to be provided under this Agreement by giving notice to Consultant.
Upon receipt of a notice of termination, Consultant shall perform no further work except as specified in the notice. Before the date of termination, Consultant shall deliver to City all City records and documents, all work product, whether completed or not, as of the date of termination and not otherwise previously delivered.
The City shall pay Consultant for services performed in accordance with this Agreement before the date of termination. If this contract provides for payment of a lump sum for all services or by task and termination occurs before completion of the work or any defined task which according to the performance schedule was commenced before the notice of termination, the fee for services performed shall be based on an amount mutually agreed to by City and Consultant for the portion of work completed in conformance with this Agreement before the date of termination. In addition, the City will reimburse Consultant for authorized expenses incurred and not previously reimbursed. The City shall not be liable for any fees or costs associated for the termination or abandonment except for the fees, and reimbursement of authorized expenses, payable pursuant to this section.
18. Products of Consulting Services. The work product, including without limitation, all writings, work sheets, reports, recordings, drawings, files, detailed calculations and other work products, whether complete or incomplete, of Consultant resulting from services rendered pursuant to this Agreement, shall become the property of City. Consultant agrees that all copyrights which arise from creation of the work under this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Consultant makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.
Documents submitted to the City in electronic format shall be formatted according to specifications provided by the City, or if not otherwise specified, in Microsoft Word, Excel, PowerPoint or other Microsoft Office Suite (2002) format as appropriate for the particular work product or, if directed by the City Representative in Adobe Acrobat PDF format.
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 TRB & Associates Inc. Professional Services Agreement Page 6 of 10
19. Cooperation by City. City shall, to the extent reasonable and practicable, assist and cooperate with Consultant in the performance of Consultant’s services hereunder.
20. Assignment and Subcontracting. Consultant shall not subcontract, assign or transfer voluntarily or involuntarily any of its rights, duties or obligation under this Agreement without the express written consent of the City Manager or his or her designee in each instance. Any attempted or purported assignment of any right, duty or obligation under this Agreement without said consent shall be void and of no effect.
If subcontracting of work is permitted, Consultant shall pay its subcontractor within ten (10) days of receipt of payment by City for work performed by a subcontractor and billed by the Consultant. Use of the term subcontractor in any other provision of this contract shall not be construed to imply authorization for Consultant to use subcontractors for performance of any service under this Agreement.
The City is an intended beneficiary of any work performed by Consultant’s subcontractor for purposes of establishing a duty of care between the subcontractor and City.
Any subcontractor or assignee consented to by City shall be bound by all terms and conditions of this agreement and the same shall be incorporated into and made a part of any assignment or subcontractor agreement.
21. Successors and Assigns. All terms, conditions, and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this section is intended to affect the limitation on assignment.
22. Non-Discrimination/Fair Employment Practices.
(a) Consultant shall not, because of race, religious creed, color, sex, national original, ancestry, disability, medical condition, age, marital status or sexual orientation of any person, refuse to hire or employ, or to bar or discharge from employment, or to discriminate in compensation, or in terms, conditions or privileges any person, and every employee will receive equal opportunity for employment and shall be granted equal treatment with respect to compensation, terms, conditions or other privileges of employment, without regard to his race, religious creed, color, sex, national origin, ancestry, or disability, medical condition, age, marital status or sexual orientation.
Consultant warrants and represents it is an equal opportunity employer and agrees it shall not discriminate on the basis of race, religious creed, color, sex, national origin, ancestry, disability, medical condition, age, marital status or sexual DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 TRB & Associates Inc. Professional Services Agreement Page 7 of 10 orientation in the selection and retention of employees, subcontractors or procurement of materials or equipment.
In all solicitations either by competitive bidding or negotiations made by Consultant for work to be performed under any subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Consultant of Consultant’s obligation under this Agreement relative to nondiscrimination and fair employment practices.
Consultant shall include the above provisions of this section in every subcontract, including procurement of materials or equipment.
(b) Consultant agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations and City ordinances and regulations hereinafter enacted.
23. Notices. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to:
If to City: Steve Arnold
Chief Building Official
Building Division
555 Santa Clara St.
Vallejo, CA 94590
[email protected]
If to Consultant: Todd Bailey
President
TRB & Associates Inc.
3180 Crow Canyon Place, Ste 216
San Ramon, CA 94583
[email protected]
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.
24. Integration Clause. This Agreement, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. This Agreement shall not be amended or modified except by a written agreement executed by each of the parties hereto.
25. Severability Clause. Should any provision of this Agreement ever be DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 TRB & Associates Inc. Professional Services Agreement Page 8 of 10 deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.
26. Law Governing. This Agreement shall in all respects be governed by the law of the State of California without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of Solano County in the State of California or in the United States District Court, Eastern District of California, Sacramento, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
27. Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder.
28. Ambiguity. The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.
29. Gender. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural, as the identifications of the person or persons, firm or firms, corporation or corporations may require.
30. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.
31. Compliance with Laws. Consultant will comply with all statutes, regulations and ordinances in the performance of all services under this Agreement.
32. Confidentiality of City Information. During the performance of services under this Agreement, Consultant may gain access to and use City information regarding, but not limited to, procedures, policies, training, operational practices, and other vital information (hereafter collectively referred to as "City Information") which are valuable, special and unique assets of the City. Consultant agrees that it will not use any information obtained as a consequence of the performance of services under this Agreement for any purpose other than fulfillment of Consultant’s scope of work , to protect all City Information and treat it as strictly confidential and proprietary to City, and that it will not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party, other than its own employees, agents or subcontractors who have a need for the City Information for the performance of services under this Agreement, without the prior written consent of City, or as required by law.
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 TRB & Associates Inc. Professional Services Agreement Page 9 of 10 Consultant shall treat all records and work product prepared or maintained by Consultant in the performance of this Agreement as confidential.
A violation by Consultant of this section shall be a material violation of this Agreement and will justify legal and/or equitable relief.
Consultant’s obligations under this section shall survive the completion of services, expiration or termination of this Agreement.
33. News and Information Release. Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Representative.
34. City Representative. The City Representative specified in Exhibit A, or the representative's designee, shall administer this Agreement for the City.
35. Counterparts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.
36. Facsimile Signature; Electronic Signature. This Agreement shall be binding upon the receipt of facsimile signatures or e-mailed by PDF or otherwise.
Any person transmitting his or her signature by facsimile or electronically shall promptly send an original signature to the other party pursuant to the notice provision of this Agreement. The failure to send an original shall not affect the binding nature of this Agreement.
37. Authority. The person signing this Agreement for Consultant hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Consultant.
38. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:
Exhibit A, entitled “Scope of Work,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments [SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 TRB & Associates Inc. Professional Services Agreement Page 10 of 10 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.
TRB & ASSOCIATES INC.,
a California corporation
By:
Todd Bailey
President
DATE:
11706456
Vallejo Business License No.
(City Seal)
CITY OF VALLEJO,
a municipal corporation
By:
Mike Malone
City Manager
DATE:
ATTEST:
By:
Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:
Christina Ratcliffe
Planning & Development Services
Director
APPROVED AS TO FORM:
Veronica A.F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
Armond Sarkis
Risk Manager
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D 3/28/2023 3/29/2023
DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 6DQ5DPRQ
6DQWD&ODUD
3URSRVDOWRSURYLGHWRWKH
&LW\RI
9DOOHMR
$V1HHGHG2XWVLGH
3ODQ5HYLHZ3HUPLWWLQJ
DQG)LHOG,QVSHFWLRQ
6HUYLFHV
7RGG%DLOH\3(/(('$3&$6S0%$
3ULQFLSDOLQ&KDUJH
WEDLOH\#WUESOXVFRP
6DFUDPHQWR
-XQH
JQ(QYHORSH,'
%')$%$'$)%
'%' (;+,%,7$
DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 CITY OF VALLEJO | AS-NEEDED OUTSIDE PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES
P R O P O S A L T O P R O V I D E
As-Needed Outside Plan Review,
Permitting and Field Inspection
Services
June 9, 2022
P R E S E N T E D T O :
The City of Vallejo | Building Inspection Division
Attn: Steve Arnold, Chief Building Official
555 Santa Clara Street, 2nd Floor, City Hall
Vallejo, CA 94590
C O N T A C T I N F O R M A T I O N :
Todd Bailey, P.E., LEED AP, CASp, MBA
Principal-in-Charge
Tel: 925-866-2633
Email: [email protected]
TRB and Associates, Inc.
3180 Crow Canyon Place, Suite 216
San Ramon, CA 94583
Tel: 925-866-2633
Fax: 925-790-0011
www.trbplus.com
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 Corporate Office Silicon Valley Office Vallejo Office Southern California Office 3180 Crow Canyon Place, Suite 216 1265 El Camino Real, Suite 209 1900 Point West way, Suite 261 4182 N Viking Way, Suite 204 San Ramon, CA 94583 Santa Clara, CA 95050 Vallejo, CA 95815 Long Beach, CA 90808 Tel: 925.866.2633 Tel: 408.642.1068 Tel: 916.384.0900 Tel: 562.566.4144 www.TRBplus.com
June 9, 2022
City of Vallejo Building Division | Attn: Steve Arnold, CBO 555 Santa Clara Street, 2nd Floor, City Hall
Vallejo, CA 94590-5934
SUBJECT: TRB and Associates Proposal to Provide As-Needed Outside Plan Review, Permitting, and Field Inspection Services TRB and Associates, Inc. (TRB) is pleased to submit this Proposal to Provide As-Needed Outside Plan Review, Permitting, and Field Inspection Services to the City of Vallejo for consideration. We have reviewed the contents of the City’s RFP and are prepared to provide the requested scope of services. We look forward to the opportunity to partner with the City of Vallejo Community Development Department on this assignment.
For this engagement, Todd Bailey, P.E., CASp, LEED AP, MBA will serve as the Project Manager responsible for ensuring timely delivery of quality support services. To confirm, Todd will be managing all services provided to the City from TRB’s San Ramon office. The balance of our proposed key staff is identified in Section A and Appendix 1 of our proposal. All correspondence and questions related to this proposal may be directed to the Project Manager, Todd Bailey using email, telephone, and/or direct mail.
Todd Bailey, PE, CASp, LEED AP, MBA
T: (925) 866-2633
C: (925) 876-4596
Email: [email protected]
Project Office Location
TRB and Associates, Inc.
3180 Crow Canyon Place, Suite 216
San Ramon, CA 94583
TRB and Associates provides Plan Review, Inspection, Delegate Chief Building Official, and CASp services to municipal building and public works departments throughout California. Our corporation, which comprises over 50 team members, was established in 2006 and has been a growing business since its founding. We specialize and serve exclusively in the code compliance role. We would like to highlight the following about the company:
x Our firm is engaged to provide as-needed Building Department and related services to over 50 municipalities in Northern California, including the nearby Cities of Benicia, Fairfield, Richmond, Martinez, and Sacramento. As a result, our team is very familiar with the many region-specific considerations that need to be considered when evaluating code compliance including flood zone, seismic design, wind exposure, soil/liquefaction, wildland urban interface, and landslide criteria.
Of note, the TRB team provided same-day damage assessment inspection support, and in the days that followed, expedited plan review support to the City of Vallejo in response to the August 2014 Napa Earthquake. x As a value-added service, noted instructor Paul Armstrong will be available to provide code training to City staff and invited guests on the California Building Codes Standards if desired by the City.
x The staff of TRB includes licensed Civil, Structural, Mechanical, Fire Protection, and Electrical Engineers; Architects; and ICC, CASp, LEED®, and SAP/ATC 20 certified individuals who have an average 25 years of experience in the architecture-engineering-construction industry. x Our staff are active in industry organizations such as ICC, CALBO, and CBOAC. Of note, TRB’s roster includes past ICC Chapter Presidents and a CBOAC Board Member: Todd Bailey (East Bay Chapter 2009), Paul Armstrong (Orange Empire Chapter 2019), & Shelley Loughran (CBOAC 2022). x Our firm was recognized as Industry Member of the Year by the City Building Officials Association of California (CBOAC) in 2019. x We have a strong track record of producing quality results and meeting turnaround goals, a track record to which our clients will attest.
Our firm looks forward to the opportunity to assist the City of Vallejo as a Building Safety Services provider and is prepared to enter into an agreement with the City immediately. To confirm, TRB and Associates has reviewed the City’s Agreement and is able to meet all requirements. If you have questions or need further information, please do not hesitate to contact Todd Bailey by phone at (925) 876-4596 or by email at [email protected]. We look forward to hearing your feedback soon.
Sincerely,
TRB and ASSOCIATES, INC.
Todd Bailey, P.E., LEED AP, CASp, MBA
ICC Certified Building Plans Examiner + Combination Commercial Inspector | President 'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 CITY OF VALLEJO | AS-NEEDED OUTSIDE PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES table of contents
Table of Contents
Cover Letter
Section A | Information About the Firm
Section B | Approach to Completing Scope of Services
Section C | Fee Schedule
Section D | References
Section E | Consultant & Professional Services Agreement/Insurance
Appendix 1 | Resumes
Appendix 2 | Undue Influence Statement
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTIONSERVICES A-1 Firm Profile
TRB and Associates, Inc. (TRB) is a California based Building and Fire Life Safety services corporation with offices in San Ramon, Sacramento, Santa Clara, and Long Beach. To confirm, all work for this contract will be performed out of our San Ramon office.
Consultant Information
TRB and Associates, Inc.
3180 Crow Canyon Place, Suite 216, San Ramon, CA 94583
T: (925) 866-2633
F: (925) 790-0011
website: www.trbplus.com
Year Established
TRB was established in 2006 and has been a growing organization since its founding.
Primary Contacts within the Company
Firm’s Owner & Project Manager (contact for RFP process) Todd Bailey, PE, LEED AP, CASp, MBA
T: (925) 866-2633
Email: [email protected]
Technical Director
Paul Armstrong, PE, CBO
T: (925) 866-2633
Email: [email protected]
Building Plan Review Services Manager
Bing Young, RA
T: (925) 866-2633
Email: [email protected]
Building Inspection Services Manager
Doug Simms, CBO, CASp, CHST
T: (925) 866-2633
Email: [email protected]
All correspondence and questions related to this RFP may be directed to Todd Bailey.
Number of Employees in Firm
TRB and Associates has a combined team of over 50 employees, the majority of which are based out of our San Ramon office location.
INFORMATION ABOUT THE FIRM section a
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 CITY OF VALLEJO | AS-NEEDED OUTSIDE PLAN REVIEW, PERMITTING, AND FIELD INSPECTION SERVICES A-2
REFERENCES
Consultant Specialties
TRB and Associates specializes in and offers the following services to its clients:
9 Building and Fire Plan Review
9 Building and Fire Inspection
9 Building Department Administration
9 Code Enforcement Inspection
9 Consulting Chief Building Official
9 Disabled Access (CASp) Consulting
9 Building Standards Codes Training
9 Civil Plan Review and Inspection
TRB has extensive resources and a large pool of licensed engineers and certified building safety experts, equipped to handle all typical building department needs including building, civil, and fire plan check, building and civil inspection, permit processing, disabled access (CASp) compliance, and building official services. Our professionals have extensive experience in commercial, residential, industrial, and institutional projects of all sizes and complexities, and are able to tailor solutions specific to the City’s needs.
Staff experience encompasses a full range of construction types and occupancies including the following:
List of Lead Professional Personnel
by Area of Expertise
Our proposed team is comprised of senior-level professionals most of whom have worked together across many large designbuild projects and who possess an average of 25 years of experience in the Architecture-Engineering-Construction (AEC) industry. We are pleased to be able to present a team with this combination of interpersonal familiarity and extensive AEC experience. We would like to highlight that the majority of our team members have worked together for over five years on a myriad of project types. Our proposed Key Project Team members are presented on following page.
9 Assembly Occupancies
9 Commercial Tenant Improvements
9 Detention Facilities
9 Distribution Centers
9 Gas Stations
9 Hazardous Chemical Facilities
9 High Rise Buildings
9 Hospitals
9 Hotels
9 Industrial/Storage Warehouses
9 Malls
9 Manufacturing Facilities
9 Steel Buildings
9 Medical Office Buildings
9 Mixed-Use Projects
9 Multi-Family Dwellings
9 Office Buildings
9 Parking Structures
9 Power Plant Facilities
9 Recreation/Gymnasium Facilities
9 Restaurants
9 Retail Centers
9 Schools
9 Single Family Dwellings
9 Sports Arenas
9 Theaters
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005
CITY OF VALLEJO | AS-NEEDED OUTSIDE PLAN REVIEW, PERMITTING, AND FIELD INSPECTION SERVICES A-3
INFORMATION ABOUT THE FIRM
Key Project Team Members
TRB’s team of professionals are prepared to provide the proposed services of As-Needed Outside Plan Review, Permitting and Field Inspection Services as outlined in the City’s RFP in an efficient manner, and in the best interest of the City of Vallejo. Mindful of the potential complexity of projects in the City of Vallejo, TRB and Associates has assembled a team that has worked together for many years and have built strong relationships based on understanding, appreciation, and the drive to deliver the highest quality service for our clients. We would like to highlight that our Project Manager, Plan Review, Inspection & Onsite Services Managers are well tenured in the industry.
PROJECT MANAGER
Todd Bailey, PE, LEED AP, CASp, MBA, our company Principal and Founder, will serve in the role of Project Manager for this engagement and will be the main point of contact for the City. Todd has over 25 years of experience in the industry which includes serving as a Delegate Chief Building Official for the California Energy Commission on over 14 large-scale fast-track design build projects in California having a combined valuation of over $10 billion. Todd will work closely with our team to ensure that project goals are met and that findings are communicated in a timely and clear manner.
PLAN REVIEW TEAM LEADERSHIP
Our plan review group is led by our Plan Review Services Manager, Bing Young, RA. Bing possesses extensive experience in plan review on both residential and commercial projects and includes more than 25 years of professional experience in production, project management, construction management, energy, and accessibility analysis. Bing will have overall responsibility for Plan Review Services on this assignment.
Dominic Ma, SE, MPA serves as our Quality Control Principal, responsible for ensuring the technical accuracy of the work performed. Dominic has more than 30 years of experience in reviewing building plans and specifications submitted for building permit applications to assure compliance with adopted building codes and reference standards.
INSPECTION AND ONSITE SERVICES TEAM LEADERSHIP
Our inspection and onsite services group is led by our Inspection and Onsite Services Manager, Doug Simms, CBO, CASp, CHST. Doug has over 30 years of experience encompassing delegate chief building official, plans examiner and combination commercial, industrial, and residential inspector roles on a variety of projects; his experience includes serving as Supervisor Inspector with the City of San Leandro.
TECHNICAL DIRECTOR & INSTRUCTOR
As an additional resource, ourTechnical Director - Paul Armstrong, PE, CBO will be available to assist with code interpretation and training support. With more than 30 years of building safety management experience, Paul teaches regularly for California Building Officials (CALBO) and has developed a number of CALBO training courses. As a Chief Building Official, he managed building plan review, counter assistance, and inspection for numerous California agencies. His previous experience at International Code Council (ICC) included leading the Architectural and Engineering Services Department, International Conference of Building Officials (ICBO) Technical Services Department.
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005
CITY OF VALLEJO | AS-NEEDED OUTSIDE PLAN REVIEW, PERMITTING, AND FIELD INSPECTION SERVICES A-4
INFORMATION ABOUT THE FIRM
Organizational Chart
The following Organization Chart identifies those individuals who are designated to this project. Please note that full Resumes for each listed individual listing project experience, licenses & certifications, and work history are included in Appendix 1 of this proposal. We would like to confirm that key personnel will be available to the extent proposed for the duration of the assignment and acknowledge that no person designated as key to the project shall be removed or replaced without the prior concurrence of the City.
Inspection and Onsite Services
Bing Young, RA
Plan Review Services Manager
Thomas Hemenway SE
Sr. Plan Review Engineer
Karin Kuffel, SE
Sr. Plan Review Engineer
Bill Vaughn, SE
Sr. Plan Review Engineer
Deborah Sandercock, SE,
CASp
Sr. Plan Review Engineer
Mike Kaszpurenko, SE
Sr. Plan Review Engineer
Bill Nagel, SE, CASp
Sr. Plan Review Engineer
Dan McLaughlin, PE, CASp
Sr. Plan Review Engineer
Jeff Brooks, CASp
Sr. Plans Examiner
James Johnson, EE
Sr. Plan Review Engineer
Steven Block, EE
Sr. Plan Review Engineer
Alan Roth, EE
Sr. Plan Review Engineer
Peter Kogan, ME
Sr. Plan Review Engineer
Doug Simms, CBO, CASp, CHST
Inspection & Administrative
Services Manager
Todd Bailey, PE, LEED AP, CASp, MBA
Principal & Project Manager
Jacqueline O’Keefe
Permit Technician
Paul Armstrong, PE, CBO
Technical Director & Instructor
Shelley Loughran
Client Relations Manager
Monty Straub
Senior Inspector
Ken Baker
Senior Inspector
Reggie Meigs, CBO
Supervising Inspector
Kevin Mulcahy
Senior Inspector
Dominic Ma, SE, MPA
Quality Control Principal Plan Review
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005
CITY OF VALLEJO | AS-NEEDED OUTSIDE PLAN REVIEW, PERMITTING, AND FIELD INSPECTION SERVICES A-5
INFORMATION ABOUT THE FIRM
Team Experience Matrix
NAME ROLE
YEARS OF
RELEVANT
EXPERIENCE
CERTIFICATIONS
PROJECT MANAGEMENT
Todd Bailey, PE, CASp,
MBA, LEED AP Principal-In-Charge / Founder 25
Registered Civil Engineer California (#C-56425) Hawaii (#11647) ICC Certified Building Plans Examiner
ICC Certified Commercial Building Inspector
ICC Certified Commercial Electrical Inspector
ICC Certified Commercial Plumbing Inspector
ICC Certified Commercial Mechanical Inspector
LEED Accredited Professional
Certified Accessibility Specialist (CASp-229)
SAP / ATC 20 Certified
DSA-Approved Fire Life Safety Plan Reviewer
Bing Young, RA Plan Review Services Manager 25 Registered Architect, California Doug Simms, CBO, CASp,
CHST Inspection Services Manager 30
Certified Building Official
Combination Building Inspector
Plans Examiner
Building Inspector
Electrical Inspector
Plumbing Inspector
Mechanical Inspector
Green Point Rater
Certified Accessibility Specialist (CASp)
Certified Health Safety Technician
Paul Armstrong, PE, CBO Technical Director & Project
Manager 30 Registered Professional Engineer, CA (#45464) ICC Certified Building Official
Shelley Loughran Client Relations Manager 25
FEMA
Incident Command System, National Response Network
PLAN REVIEW
Dominic Ma, SE, MPA Quality Control Principal 30
Registered Structural Engineer California (#1920)
Registered Civil Engineer California (#20018)
ICC Certified Plans Examiner
Karin Kuffel, SE Sr. Plan Review Engineer 25 Registered Structural Engineer California Bill Vaughn, SE Sr. Plan Review Engineer 30 Registered Structural Engineer, California Registered Civil Engineer California
Deborah Sandercock,
SE, CASp Sr. Plan Review Engineer 25
Structural Engineer, California (4511)
Professional Engineer, CA (56904)
Certified Access Specialist (CASp), California (288)
Dan McLaughlin, PE,
CASp Sr. Plan Review Engineer 10
Registered Civil Engineer, California
Certified Access Specialist (CASp), California (1029)
ICC Certified Plans Examiner
Tom Hemenway, SE Sr. Plan Review Engineer 30 Registered Structural Engineer California (#5348) Registered Civil Engineer California (#52357)
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005
CITY OF VALLEJO | AS-NEEDED OUTSIDE PLAN REVIEW, PERMITTING, AND FIELD INSPECTION SERVICES A-6
INFORMATION ABOUT THE FIRM
NAME ROLE YEARS OF
RELEVANT
EXPERIENCE
CERTIFICATIONS
PLAN REVIEW(Continued)
Mike Kaszpurenko, SE Sr. Plan Review Engineer 30 Registered Structural Engineer, California Registered Civil Engineer California
Jeff Brooks, CASp Sr. Plans Examiner 25
Certified Access Specialist (CASp)
ICC Commercial Building Inspector
ICC Commercial Electrical Inspector
Jim Begley, FPE, CFM Fire Protection Engineer 25 Registered Fire Protection Engineer – California ICC Certified Fire Marshal
James Johnson, EE,
QCxP Electrical Plan Review Engineer 30
Registered Electrical Engineer – Hawaii
ICC Certified Electrical Plans Examiner
Qualified Commissioning Services Provider (QCxP)
Construction Quality Control Reviewer (CQCR)
Steven Block, EE Electrical Plan Review Engineer 25 Registered Electrical Engineer California, Nevada, Arizona, Hawaii Alan Roth, EE Sr. Plan Review Engineer 30 Registered Electrical Engineer: California Peter Kogan, ME Mechanical/Plumbing Plan
Review Engineer 30
Registered Professional Mechanical Engineer: California, Hawaii, Nevada, Texas, Colorado, Arizona
Certified Energy Manager (CEM), State of California
LEED Accredited Professional
INSPECTION / CODE ENFORCEMENT / ADMINISTRATION
Reggie Meigs, CBO Supervising Building Inspector 42 CABO Registered Building Official, CBO #1003 ICC Certified Professional Building Official #5215342
Monty Straub Sr. Building Inspector 25
ICC Certified Building Inspector
ICC Certified Mechanical Inspector
ICC Certified Plumbing Inspector
ICC Certified Electrical Inspector
ICC Certified Combination Inspector
Ken Baker Sr. Building Inspector 30 ICC Certified Building Inspector Kevin Mulcahy Sr. Building Inspector 30 ICC Certified Building Inspector Jacqui O’Keefe Sr. Permit Technician 10
Plans Examiner, ICC
Residential Energy Inspector /Plans Examiner, ICC
NFPA 472 Hazardous Materials Awareness
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005
CITY OF VALLEJO | AS-NEEDED OUTSIDE PLAN REVIEW, PERMITTING, AND FIELD INSPECTION SERVICES A-7
INFORMATION ABOUT THE FIRM
Current/Prior Experience with Municipal Projects
TRB and Associates, Inc. (TRB) staff members have extensive experience providing Building Department Services to municipal agencies. As requested in the City RFP document, please find the following profiled projects for your reference. Please note that additional project experience information is also included (follows profiled projects).
UC Davis Health – Aggie Square Mixed Use Project
Valuation: $1.3 – 1.9 billion
Completion Date: In Progress
Project address/location: Sacramento, CA
Project contact person: UC Davis Health; Paul Menard RA, Building Official, (916) 734-7416 Scope of work: Fire Life Safety, Disabled Access, MEP Code Compliance Plan Review TRB was selected to provide Building and Fire Plan Review Services for the Aggie Square Project expansion of the UC Davis Medical Center from 3.5 to 6.2 million sf. The project consists of three high-rise towers and a separate mixed-use building (1.2 million s.f. portion). This multi-phase project includes research, laboratory, housing, and commercial components.
Lakehouse 26-Story High Rise Building (325 Seventh Street) Valuation: $200 million
Completion Date: In Progress
Project address/location: Oakland, CA
Project contact person: City of Oakland; Alain Placedo SE, Supervising Civil Engineer, (510) 238-7110 Scope of work: Combination Code Compliance Plan Review
TRB provided complete Code Compliance Plan Review for a 26-Story Type 1 podium tower with 270 market rate apartment units and accompanying 8-story mid-rise 90 unit affordable apartment building. Both buildings sit on a concrete podium. The podium includes 1 level above and 2 levels below grade, containing parking at all levels and community and retail functions at grade. Occupancy Groups: A, B, F-1, R-2, S-1, S-2.; Type of Construction: I-A; Number of Stories: 26 Building 1, 8 stories Building 2 Sacramento Convention Center Expansion & Renovation
Valuation: $240 million
Completion Date: 2021
Project address/location: Sacramento, CA
Project contact person: City of Sacramento; Winfred DeLeon PE, Building Official, (916) 808-5475 Scope of work: Combination Code Compliance Plan Review
TRB was selected to provide combination Plan Review for the large-scale and high-profile expansion (245,000 s.f.) and renovation (200,000 s.f.) of the City's convention center facility. TRB reviewed the project for adherence to adopted building standards codes in Life Safety, Structural, MEP, Accessibility disciplines. TRB's scope of work included regularly scheduled telecommunication meetings to ensure schedule alignment. In addition, our firm was engaged in the evaluation of Alternate Materials and Methods requests to address several performance-based design elements on the project. Our review included assessment of a fire modeling study presented as part of the performance-based design consideration.
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005
CITY OF VALLEJO | AS-NEEDED OUTSIDE PLAN REVIEW, PERMITTING, AND FIELD INSPECTION SERVICES A-8
INFORMATION ABOUT THE FIRM
Santa Clara Square Mixed Use Development Project
Valuation: $200 million
Completion Date: 2019
Project address/location: Santa Clara, CA
Project contact person: City of Santa Clara; David Tran SE, Assistant Building Official, (408) 615-2436 Scope of work: Combination Code Compliance Plan Review
TRB provided combination plan review support to the City of Santa Clara for a series of Mixed Use, Residential, and Parking structures on the project. Reviewed project elements included:
New Building 2 + Garage:
Occupancy Group: R-2/S-2/M/B
Type of Construction: IIIA/IA
Number of Stories: 5
Floor Area Building 2: 385,000 sf total
New Building 1 + Garage:
Occupancy Group: R-2/S-2/A-3/M/B
Type of Construction: IIIA/IA
Number of Stories: 5
Floor Area Building 1: 400,000 sf total
Parking Garages: Buildings 3, 4 & 5:
Occupancy Group: S-2
Type of Construction: IA
Number of Levels: 6
Floor Area: 525,000 sf total
Monterey Bay Aquarium Learning Center
Completion date: 2019
Valuation: $42 million
Project address/location: Monterey, CA
Project contact person: City of Monterey; John Keuhl, Building Official; Ph: (831) 646-5642 Scope of work: Code Compliance Plan Review
TRB was selected by the City of Monterey to provide complete plan review for this 25,000 s.f. 4 story concrete (Construction type 1B) learning center.
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005
CITY OF VALLEJO | AS-NEEDED OUTSIDE PLAN REVIEW, PERMITTING, AND FIELD INSPECTION SERVICES A-9
INFORMATION ABOUT THE FIRM
Additional Staff Experience - Plan Review
The following is a partial list of plan review projects worked on by our staff members. The project valuation for all below-referenced projects ranges from $1 million to over $1 billion. Please note that client / project contact information is included in Section D – References.
Mixed Use
x New 39-Story High Rise Building, $110 million, 916 Broadway, Oakland, CA x Inglewood NFL Stadium, $1 billion, Inglewood, CA
x Anaheim Regional Transportation Center, Anaheim, CA
x Mixed-use Residential/Office, 630 I Street, Sacramento, CA x Santa Clara Square Project, $200 million, Santa Clara, CA x Mixed-use Residential/Retail/Parking Garage (230,000 s.f.), Los Altos, CA Biotechnology / Healthcare
x Varian Inc. New Medical Research Facility (44,000 s.f.), Walnut Creek, CA x Buck Center, 4th Floor Laboratory (5,750 s.f.), Novato, CA x UC Davis Heath System, Midtown Clinic (100,000 s.f., I2.1 & B occupancies), Sacramento, CA x Cancer Treatment Center (44,000 s.f.), Pleasant Hill, CA x Marin Health Campus - Buildings A-E, County of Marin, CA Government / Civic
x Sacramento Convention Center Expansion, $240 million, Sacramento, CA x Anaheim Convention Center Expansion, Anaheim, CA
x Veteran’s Administration, Menlo Park Campus
x New 2-Story Housing Facility, Menlo Park, CA
x Fire Station Remodel & Addition (12,000 s.f.), County of Marin, CA x Performing Arts Center, County of Marin, CA
x Sonoma Academy School (99,000 sf), Santa Rosa, CA
Commercial
x Organic Material Composting Facility, $120 million, San Leandro, CA x New 6 Story Tech Campus Building, San Leandro, CA
x BJ’s Restaurant, Arden Fair Mall, Sacramento, CA
x Major Office Remodel (Three 40,000 s.f. buildings), Pleasant Hill, CA x Shopping Center 16 Screen Cineplex, Cupertino, CA
x Macys Major Renovation & Addition, Walnut Creek, CA
Industrial and Power Plant Cogeneration Facilities
x Lodi Energy Center Project (300 MW), Lodi, CA
x Russell City Energy Center Project (560 MW), Hayward, CA x Almond 2 Power Plant (300 MW), Ceres, CA
x SPG Solar Depot Park, Photovoltaic Array (2.1 MW), Sacramento, CA x Valero Petroleum Refinery Capital Improvements, Benicia, CA x Shiloh Wind Farm (150 MW, 100 Turbines), Solano County Residential / Residential Care Facilities
x The Terraces Phase II (Res. Care Facility), Los Altos, CA x Atria Senior Living (Residential Care Facility), Walnut Creek, CA x Valley Vista Senior Housing Complex (Res. Care Facility), San Ramon, CA x Senior Housing Complex – 58 Units, Petaluma, CA
x Campus Crest Apartment Complex (240,000 s.f.),Sacramento, CA x Ritz Carlton Hotel (4 stories, 11 buildings), Napa, CA 'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005
CITY OF VALLEJO | AS-NEEDED OUTSIDE PLAN REVIEW, PERMITTING, AND FIELD INSPECTION SERVICES A-10
INFORMATION ABOUT THE FIRM
Additional Staff Experience - Inspection / Building Department Administration The following is a partial list of Inspection and Administrative assignments worked on by our staff members:
General
x Building Official: City of Concord, California Energy Commission, City of Signal Hill, City of Whittier, City of Palos Verdes Estates x Combination Inspection: City of San Ramon, City of Fairfield, City of Walnut Creek, City of El Cerrito, City of Concord, City of Martinez x Code Enforcement and Multifamily Inspection: City of Concord, County of Solano, City of Antioch, City of Benicia x Permit Technician: City of Redwood City, City of Santa Clara, City of Vallejo, City of Concord x OSHPD-3 Inspection: City of Walnut Creek, City of Sacramento x Disaster Response: City of Vallejo (2014 Napa Earthquake, Plan review & Inspection); Butte County (Paradise Fire Plan Review) x Delegate CBO Services: California Energy Commission
R Russell City Energy Center Project, Hayward, CA
R Walnut Creek Energy Park Power Plant, City of Industry, CA R Almond 2 Power Plant, Ceres, CA
Representative Client List
TRB staff members have extensive experience working with public sector agencies in California. The following is a partial list of Northern California, State, and Federal agencies currently or previously served by our staff:
LOCAL AGENCIES – NORTHERN CALIFORNIA
City of Benicia City of Oakley City of San Ramon
City of Concord City of Pleasant Hill City of Santa Clara City of Davis City of Redwood City City of Vallejo
City of Dublin City of Richmond City of Walnut Creek
City of Fremont City of Sacramento County of Butte
City of Los Altos City of San Jose County of Marin
City of Monterey City of San Leandro County of Merced
City of Oakland City of San Mateo County of Sonoma
City of Roseville City of Palo Alto County of Tehama
City of Tracy City of Burlingame City of Pleasanton
City of Davis City of El Cerrito City of Antioch
STATE AND FEDERAL AGENCIES
California Energy Commission Division of the State Architect Veterans Administration NASA UC Davis Health UC Berkeley
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 CITY OF VALLEJO | AS-NEEDED OUTSIDE PLAN REVIEW, FERMITTING AND FIELD INSPECTION SERVICES B-1 section b APPROACH TO COMPLETING SCOPE OF SERVICES
Project Understanding
In brief, it is our understanding the City of Vallejo is seeking qualified consultants to to provide As-Needed Outside Plan Review, Permitting and Field Inspection Services for the Building Inspection Division in accordance with the Scope of Work identified in the City of Vallejo’s Request for Proposal (RFP) document. It is also understood that all assigned projects are to be reviewed/inspected for adherence to the City of Vallejo’s latest adopted Municipal Codes and Title 24 California Building Standards Codes covering structural, fire prevention, life safety, accessibility, energy conservation, green building, plumbing, mechanical, and electrical provisions, as applicable. We are well familiar with State, County and local requirements and other industry standards and are ready to put our knowledge to work for the City.
To confirm, TRB and Associates is an independent firm, properly licensed to practice in California, and has no conflict of interest with regard to any other work performed by the firm for the City.
TRB has reviewed the Scope of Work as outlined in the City’s RFP and is prepared to provide the requested services of As-Needed Outside Plan Review, Permitting and Field Inspection Services including:
9 Administrative Duties 9 Field Inspection Services
9 Geotechnical Engineering
9 Plan Check Services
9 Other Professional services
The following reflects our proposed work plan for providing the requested scope of services.
Project Approach Overview
Our approach to this engagement is centered on utilizing experienced staff and fostering open communication between our firm and the City. On an ongoing basis, our Project Manager, Todd Bailey, will maintain regular communication with City staff to ensure that we are kept apprised of current code interpretations and policies, and to enhance our ability to quickly respond to any issues that may arise during permit counter, document review, and/or inspection activities. We value the importance of the City’s projects and are committed to meeting all project service delivery deadlines. We will diligently document and report all findings, tracking information, and other reports, as required by the City.
Throughout this engagement, our key team members will be available to meet with City staff either via phone or in person to address questions that may come up during the course of a project. Our firm is committed to responding to all inquiries within 1(one) business day. We encourage discussions via in-person meeting, telecon, and/or WebEx/Zoom or similar formats as agreeable and necessary to achieve the most expeditious results.
Quality Control Measures
Quality and on-time service are of paramount importance to us. Though we employ only experienced plan reviewers, and expect their work to be of high standard, we have instituted a quality control policy to ensure that this standard is maintained. At the core of our quality control approach is having a “two sets of eyes” policy in place. All work performed by staff is reviewed for quality control by senior members of our team.
Our Project Manager, working in conjunction with our dedicated Quality Control Principal, Dominic Ma SE, holds primary responsibility for ensuring accuracy and consistency (QA/QC) in the application of adopted codes and standards, processes, and protocols.
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005
CITY OF VALLEJO | AS-NEEDED OUTSIDE PLAN REVIEW, FERMITTING AND FIELD INSPECTION SERVICES B-2 3URSRVHG$SSURDFK
APPROACH TO COMPLETING SCOPE OF SERVICES
Workload Accommodation
It is understood that there are often periods of time where plan review workload spikes beyond what may be normally expected.
TRB has a system in place to accommodate such peaks without compromising turnaround or quality. The key consideration is that we have a large number of qualified and experienced plan reviewers who we can pull in from other assignments to assist at times of high workload. Having the ability to quickly digitize/scan and distribute plan documents to plan reviewers in any of our California offices keeps target turnaround times achievable.
Building Code Instruction
As an additional service, TRB is prepared to provide Building Code Instruction support to the City in either classroom or field-type settings on a range of technical subjects. Paul Armstrong is an award-winning California Building Standards Codes instructor whose accolades includes being namedCALBO Instructor of the Year. Paul is currently providing extensive training on the California Building and Residential Codes to TRB clients, local ICC Chapters, and CALBO Education Week attendees. Paul will be available to provide tailored training to the City and its invited guests upon request.
Technical Standards
TRB provides code compliance reviews and inspections encompassing architectural, fire, electrical, mechanical, plumbing, structural, energy conservation, disabled access, and green standards in accordance with locally-adopted standards. Our reviews and inspections consider all relevant project documentation including plans, specifications, calculations, and other related correspondence to verify conformance to:
x 2019 California Building Code
x 2019 California Residential Code
x 2019 California Electrical Code
x 2019 California Plumbing Code
x 2019 California Mechanical Code
x 2019 California Fire Code
x 2019 Title 24 Energy Standards
x 2019 California Green Building Standards Code
Our team also has extensive experience with alternative NFPA, ASCE, ASME, FEMA, NEHRP, and ANSI Standards.
Alternate Material and Methods
TRB and Associates recognizes that there are alternate materials and methods of construction that can be used to satisfy and comply with the provisions of the code. Our experience with the use of alternate materials, alternate design and methods of construction enhances our ability to solve specific issues that arise in design and construction.
Code Interpretation Support
The TRB team is well versed in the intent of codes and standards as they apply to the noted range of projects expected on this assignment. To ensure that our technical findings are easily understood, we work to ensure that all of our plan review and inspection findings / communications are done in a clear and concise manner. As part of this effort, we include references to any applicable Code or Standard sections to help ensure recipients understand the basis of our findings. Throughout the project, our team will be available to answer questions related to codes or standards at any time. For those items where additional information may be needed, our team has access to additional resources in the form of code and commentary guidelines, illustrations, and agency interpretations. TRB is prepared to offer any reference information to whomever may be requesting the clarifying material.
As part of his purview, Paul Armstrong, PE, CBO can serve as a facilitator on any code interpretation items. Paul has extensive expert code interpretation experience on projects of great complexity in California and in national and international settings. Of note, Mr. Armstrong’s experience includes working for International Code Council (ICC/ICBO) in Southern California for over 14 years.
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005
CITY OF VALLEJO | AS-NEEDED OUTSIDE PLAN REVIEW, FERMITTING AND FIELD INSPECTION SERVICES B-3 3URSRVHG$SSURDFK
APPROACH TO COMPLETING SCOPE OF SERVICES
Plan Review Scope & Approach
TRB is prepared to perform as-needed plan review services for residential, multi-family residential, commercial, and industrial projects encompassing building code, electrical, plumbing, mechanical, fire protection (if requested), Title-24 energy, disabled access, and green building standards; as well as floodplain, wildland urban interface fire severity zone, stormwater, hazardous materials, and state housing law Title-25 factory-built structure considerations, as applicable.
Our scope typically includes the review of building plans, design calculations, and material specifications for structures proposed for construction, as well as fire protection system plans and design calculations (if requested). Plans are reviewed for completeness and correctness based on the adopted California Building Standards Codes as well as any other applicable City ordinance provisions.
Electronic Plan Review
As an alternative to review of hardcopy media, TRB is prepared to review electronic media should it be the desire of the City to process submittals electronically. The staff of TRB are leaders in the field of digital plan review and workflow management and our team has extensive experience working with the several electronic plan review systems including DigEplan, Bluebeam and ProjectDox.
Online Plan Check Status and Records
To facilitate access to plan review findings and status information, TRB is prepared to initiate its Project Website for use on this assignment if desired by the City. With our project website, all correspondence issued by our team can be posted and maintained for access by City and designated project stakeholder staff. Our postings can include plan review findings (i.e. approval/comment letters), plan review submittal status information, meeting notes, etc.; all of which may be updated on a daily basis. In addition, if so desired by the City, we can also accommodate incoming electronic document postings (i.e. electronic plans, calculations, RFI’s, etc.). To confirm, there is no additional cost for this service.
Meetings and Telecommunications Availability
The TRB plan review team will be available to the applicant’s designee during City working hours, by phone, mail, or to attend meetings at the City’s offices. TRB will address questions or discuss issues that may arise on a project with City staff, design team and/or construction team to ensure that compliance issues are handled in a timely manner.
In cases where there may be disagreement related to a code interpretation in plan review, we would make ourselves available to all project stakeholders (applicant, City, designer teams) to answer any questions they may have and offer code guidance to arrive at a code-compliant resolution. In cases where there may be an impasse, we would coordinate with the appropriate City staffmember (typically the Building Official) to discuss next steps on how we might support resolving the matter. 'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005
CITY OF VALLEJO | AS-NEEDED OUTSIDE PLAN REVIEW, FERMITTING AND FIELD INSPECTION SERVICES B-4 3URSRVHG$SSURDFK
APPROACH TO COMPLETING SCOPE OF SERVICES
Plan Review Process
Please note that our plan review process will be tailored to meet the City’s specific needs. The following process represents an example plan review workflow which may be applied if desired by the City.
Step 1 - Preliminary Discussions:
Prior to beginning our initial plan review project, our Project Manager proposes to conduct a meeting or conference call with the City to discuss local code policies, documentation procedures, plan processing protocols, plan review checklist items, and scheduling.
Step 2 – Initial Review:
Once we receive a complete set of plan documents, we will perform our plan review in the agreed-upon timeframe, checking for compliance to all applicable code standards. To confirm, plan review turnaround timeframes will align with standard City-established timeframes. In general, project reviews are completed in 10 working days or less for initial reviews, and 5 working days or less for subsequent review cycles.
All corrections are identified based on compliance with specified codes and regulations and worded so the designer will know what needs attention and how to respond to the issue stated. Generally, corrections are identified in two ways:
x Notes can be made on plans as appropriate and authorized to assist in locating the issue on the plans; x A correction sheet is generated detailing what items need to be addressed before plans can be approved.
The client will receive a copy of each correction list, as well as a cover memo containing the following:
x The date plans were reviewed by TRB and Associates
x The date that the applicant/applicant’s designee was notified that the plan review was completed Step 3 – Transmittal of Plans and Comment Lists for Plan Review:
At the heart of our approach in delivering our services to you, is the recognition that there must be a coordinated effort to track and coordinate all submittals and requests received. To help assure that submittals are properly coordinated and tracked, TRB and Associates has established an internal plan review coordination process to ensure that each plan received for review is properly handled, processed, and returned on time. Our plan tracking procedures are computerized to track each submittal through the review process and maintain accurate and comprehensive records for each submittal.
Upon completion of our review, any comments generated are consolidated into a correction letter which is then forwarded to the City as well as the applicant, as applicable.
Step 4 – Rechecks:
Upon receipt of the resubmittal package from the applicant, we will notify the City (via email) that we have received the package. Once we have verified that the resubmittal package is complete, we perform a recheck in the agreed-upon timeframe. This process is repeated until the project plan documents are ready to be recommended for approval.
Step 5 – Plan Approval:
When all review comments are satisfied, we will forward two sets (or electronic equivalent) of all relevant correspondence bearing our company’s “Reviewed for Code Compliance” stamp (including plans, calculations, and specifications), along with a transmittal letter indicating our recommendation for project approval, and the project file to the City for processing.
Shipping and Delivery of Plans
TRB provides pre-printed overnight shipping labels and/or pickup services to facilitate the transport of plan submittals to our office. Please note that the pickup, shipment and delivery of plan documents and other relevant correspondence to the City are provided at no additional cost.
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005
CITY OF VALLEJO | AS-NEEDED OUTSIDE PLAN REVIEW, FERMITTING AND FIELD INSPECTION SERVICES B-5 3URSRVHG$SSURDFK
APPROACH TO COMPLETING SCOPE OF SERVICES
Building Inspection Scope & Approach
TRB is prepared to perform inspection, referring to building plans, structural plans, and material specifications for structures located within the City limits, upon 48-hour notice. Our inspectors are proficient at verifying project conformance to model code standards (Building, Electrical, Mechanical, Plumbing, Green Building and Energy Code & Accessibility) and locally-adopted ordinances. TRB provides all labor and technical, administrative, professional, and other personnel; supplies, materials, equipment, and all other resources necessary to perform the specified work. TRB will use existing City forms or can develop correction sheets which meet with the approval of the City and shall maintain written lists of corrections needed to ensure conformance to codes and regulations.
Field Inspection Process
Our experienced team includes individuals with extensive field inspection experience on a range of project assignment types including municipality “Called Inspections,” “Clerk of the Works,” and “Inspector of Record” roles; our team can assist with a broad range of inspection responsibilities. Our scope of service areas includes residential, commercial, and industrial facilities, capital improvement projects, municipal agency services and infrastructure revitalization.
Our inspectors are careful to document all inspection activities, adhere to agency-adopted protocols, and follow field procedures and policies as dictated by the Building Official. TRB will maintain daily inspection records and all necessary documents on file for reference by the City. To confirm, TRB staff are available for applicant inquiries and/or conferences during normal City business hours.
Our inspections include those identified in the California Model Codes and would be amended or modified as directed by the City. Our inspection scope includes:
x Foundation Inspection
x Framing Inspection(s)
x Electrical, Mechanical and Plumbing systems inspection x Lath and/or Gypsum Board Inspection
x Fire Code Inspection (if requested), e.g., fire suppression systems, alarms, etc. x Concrete Slab or under-floor Inspection
x Energy Efficiency Measures Inspection
x Green Building Inspection
x Fire Resistive Rated Construction Inspection
x Floodplain Inspection
x Final Inspection
Remote Virtual Inspection (RVI) Option
Many agencies are considering or have started using virtual programs to provide remote inspection services. Several of our clients (including the City of Sacramento) have successfully implemented a virtual inspection program. The system allows staff to keep doing their jobs while abiding by social-distancing requirements. Programs such as Inspected.com (a teaming effort with the ICC) or Blitzz charge a per inspection fee as well as an annual lease of their software. Inexpensive tools like Facetime, Skype, Google Duo and Microsoft Teams are also being used. It is important to note that TRB currently utilizes Microsoft Teams and Facetime for these services but can utilize other programs as requested. 'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005
CITY OF VALLEJO | AS-NEEDED OUTSIDE PLAN REVIEW, FERMITTING AND FIELD INSPECTION SERVICES B-6 3URSRVHG$SSURDFK
APPROACH TO COMPLETING SCOPE OF SERVICES
Permit Processing, Administration, Geotechnical Engineering, Code Enforcement, and CASp Scope & Approach
TRB is prepared to provide Permit Technician, Administrative, Geotechnical Engineering, Code Enforcement, and CASp services support to the City on an as-needed basis. TRB staff are prepared to work at the City’s offices as an extension of City staff under the supervision of the Chief Building Official or their designee with the knowledge, skills, and abilities to perform the following requisite functions.
Permit Technician / Administrative Assistant
x Assist the public at the front counter or by phone regarding building, planning, and engineering permit requirements, application and permit fees, application filing procedures and processing, and permit status. x Enter permit and related data into the City Accela permit tracking system. x Research, compile and prepare various limited reports and presentation graphics. x Accept permit and related applications and collect fees. x Screen plans and application materials for completeness and for conformance with City ordinances standards, policies, and guidelines.
x Review application materials for compliance with conditions of project approval; route plans to other City departments for review; approve and issue minor permits; research and respond to public inquiries.
Geotechnical Engineering
x Peer review geotechnical reports for the subsurface investigation, site constraints, geological hazards, foundation concept, design parameters, construction consideration, findings, and recommendations, etc. x Conduct site visits to perform observation and/or monitoring for unpermitted work, during, and pre- and post-construction. x Conduct geological site investigations, laboratory soil testing, quality control of grading operations, etc.
Code Enforcement
x Enforce compliance with agency regulations and ordinances including those pertaining to zoning, land use, nuisance housing, building codes, health and safety, blight, graffiti, water waste, and other matters. x Respond to complaints and reports from other agencies and departments on alleged violations of agency zoning and related municipal codes and ordinances; conduct investigations and provide recommendations for resolution. x Conduct field investigations; inspect properties for violations; issue and post warning notices, notices of violation, corrective notices, orders to comply, and related documentation for code violations; schedule and performing follow-up functions to gain compliance including letters, inspections, calls, meetings, discussions, and negotiations to ensure compliance with appropriate codes and ordinances.
x Maintain accurate documentation and case files on investigations, inspections, enforcement actions, and other job-related activities including accurate and detailed information regarding code enforcement activity to substantiate violations; drawing diagrams and illustrations and taking photographs.
Disabled Access (CASp) Services
TRB offers Certified Accessibility Specialist (CASp) Consulting Services to assist agencies with the compliance requirements of State of California Senate Bill 1608 (Corbett). Our team is skilled at reviewing facility plans and specifications for compliance with State and Federal accessibility laws, codes, and regulations; evaluating facilities for compliance with State and Federal accessibility codes and regulations; and conducting accessibility research, preparing accessibility reports, and performing accessibility inspections. We offer email/phone consultations, onsite facility inspections and certifications, and expert testimony services as part of our CASp consulting services portfolio.
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING, AND FIELD INSPECTION SERVICES C-1 section c FEE SCHEDULE
Cost Proposal
TRB and Associates offers the following fixed-fee and hourly rate schedules for services provided. Please note that Building Plan Review services may be rendered on either a fixed fee or hourly rate basis, as noted below. If additional services are requested such as Fire Plan Review, Building Inspection, Staff Augmentation and Other services (e.g. CASp consulting), those services can be provided on an hourly basis at rates shown in the provided Schedule of Hourly Rates and Reimbursables.
Plan Review Services
Our plan review fees may be calculated as a percentage of the Building Plan Review Fee collected by the City. The fee compensation shown covers three total plan review cycles – the initial plan review and up to two rechecks. Any further review cycles which become necessary and reviews of revisions to approved plans would be billed based upon a negotiated hourly rate. Please note that the turnaround timeframe for providing expedited and express plan reviews would be negotiated/mutually agreed upon prior to commencement of the review. Please also note that all plan reviews are subject to a minimum $250 fee.
Turnaround Timeframe
(in business days)
Structural Only
Review
M/E/P Only
Review
Complete Review
(Structural, Life Safety/Disabled
Access, M/E/P, Green,
Title 24 Energy)
Standard*
- 10 days first check
- 5 days rechecks
45% 45% 65%
Expedited**
- 5 to 7 days first check
- 5 days rechecks
Standard fee plus an
additional 50 percent
Standard fee plus an
additional 50 percent
Standard fee plus an
additional 50 percent
* For exceptionally large/complex projects, 15-day first check and 10 day rechecks may apply, as mutually agreed upon prior to commencement of review.
**Turnaround timeframe would be mutually agreed upon prior to commencement of work.
Please note that the pickup, shipment, and delivery of hardcopy and/or electronic plan documents and other relevant correspondence to the City is included in the above-noted cost. 'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 $77$&+0(172)(;+,%,7% CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING, AND FIELD INSPECTION SERVICES C-2
FEE SCHEDULE
Schedule of Hourly Rates and Reimbursables
The following billing rates apply for services rendered on an hourly basis:
Position Hourly Rate
Principal $175.00
Project Manager $150.00
Building Official $150.00
Assistant Building Official $135.00
Supervising Plan Review Engineer/Architect $140.00
Senior Plan Review Engineer/Architect $130.00
Senior Plans Examiner (Building & Fire) $125.00
Plan Review Engineer/Architect $115.00
Plans Examiner (Building & Fire) $100.00
Engineering Technician $ 95.00
Permit Technician III $ 85.00
Permit Technician II $ 75.00
Permit Technician I $ 70.00
Clerical/Admin $ 58.00
Fire Protection Engineer $215.00
Geotechnical Engineer $235.00
CASp Certified Inspector/Examiner $125.00
Grading/Storm Water Plan Review Engineer $205.00
QSP Storm Water Inspector $195.00
Inspector of Record $140.00
Supervising Inspector $130.00
Senior Inspector III $120.00
Senior Inspector II $110.00
Senior Inspector I $100.00
Inspector II $ 95.00
Inspector I $ 85.00
Intern Inspector $ 75.00
x Overtime, Emergency, Expedited, and After-hours work is billed at the above-noted rates plus an additional 50 percent (Note that no overtime will be charged without client authorization) x Project inspections subject to prevailing wage requirements are at the above-published rates plus 30 percent. x All requested inspection and other staff-augmentation services are subject to a minimum 4-hour fee. x Reimbursement for direct expenses, incurred in connection with the work, will be at cost plus 15 percent. x Reimbursement for non-City vehicles used in connection with the work will be at the current IRS rate plus 20 percent per mile. x Other in-house charges for prints, reproductions and equipment use, etc. will be at standard company rates.
The above Schedule is valid through June 30, 2023 and may be adjusted thereafter to account for CPI changes, as mutually agreed upon. 'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 CITY OF VALLEJO |AS-NEEDED OUTSIDE PLAN REVIEW, PERMITTING, AND FIELD INSPECTION SERVICES D-1
REFERENCES
OUTSIDE PLAN REVIEW, PERMITTING, AND FIELD INSPECTION SERVICES D-1
REFERENCES
Client References
TRB and Associates understands the importance of maintaining a high level of quality and customer service. We encourage you to contact the following references to provide testimony of our performance of work. Please note that additional references and project experience information is available upon request.
City of Sacramento
Contact: Winfred DeLeon, P.E. | Chief Building Official Development Services Department | 915 I Street, Sacramento, CA 95814 Email: [email protected]
Phone: (916) 808-5475
Dates of service: 2007 – present (14 years) | Current contract value: over $1 million Services Provided: As-Needed Plan Review, Inspection, and Permit Technician Support TRB has held a contract with the City of Sacramento to provide Building Division Support services since 2007. Along with offsite plan review and permit technician support, we have provided staff to assist the City with onsite inspection, permit technician, and plan review support.
City of Benicia
Contact: Rachel O’Shea, CBO | Chief Building Official
Community Development Services Department | 370 East L Street, Benicia, CA 94510 Email: [email protected]
Phone: (707) 746-4233
Dates of service: 2006 – present (15 years) | Current contract value: $200k Services Provided: As-Needed Plan Review, Inspection, Code Enforcement and Permit Technician Support Services TRB has provided Building Department Support Services to the City of Benicia since our founding in 2006. Our experience encompasses residential, commercial, and industrial project types.
City of San Ramon
Contact: Vance Phillips, CBO | Building Official
7000 Bollinger Canyon Rd, San Ramon, CA 94583
Email: [email protected]
Phone: (925) 973-2583
Dates of service: 2007– present (14 years) | Current contract value: $250k Services Provided: Plan Review, Inspection, and Permit Technician Support TRB has held a contract with the City of San Ramon to provide Building Division Support services since 2007. Along with offsite plan review and permit technician support, we have provided staff to assist the City with onsite inspection, permit technician, and plan review support.
City of Concord
Contact: Ryan Pursley, P.E. | Chief Building Official
Building Division | 1950 Parkside Drive, Concord, CA 94519 Email: [email protected]
Phone: (925) 671-3119
Dates of service: 2008 – present (13 years) | Current contract value: $500k Services Provided: Onsite Building Official, Plan Review, Permit Technician, and Building & Multifamily Inspection Services TRB has provided Building Department support services to the City of Concord for over 13 years. In addition to providing offsite plan review support, our firm has provided onsite plan review and inspection staff to help support the activities of the building department. section d
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 CITY OF VALLEJO | AS-NEEDED OUTSIDE PLAN REVIEW, FERMITTING AND FIELD INSPECTION SERVICES E-1 section e CONSULTANT & PROFESSIONAL SERVICES AGREEMENT/INSURANCE Consultant and Professional Services Agreement / Insurance Statements a. TRB and Associates accepts the City’s standard Consultant and Professional Services Agreement as is, without modification.
b. TRB can meet the City of Vallejo’s insurance requirements, including engineering errors and omissions coverage as noted in the City of Vallejo standard Consultant and Professional Services Agreement. 'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-1
RESUMES
AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTIONSERVICES A-1
RESUMES
Todd Bailey, PE, LEED AP, CASp, MBA | Principal-In-Charge & Project Manager Todd Bailey is a registered professional engineer with over twenty-five years of experience in the Architecture / Engineering /Construction industry encompassing project management, plan review, engineering design, structural and architectural building code interpretation, permit center administration, and litigation support. He has extensive experience working with architects, engineers, contractors, building departments and other regulatory authorities to ensure compliance to adopted Building Code Standards and local ordinances.
Todd has provided Building Safety services to over thirty jurisdictions as a consultant and spent three years with the City of Concord performing architectural, structural, energy conservation and disabled access plan reviews for both residential and commercial structures. Todd is also approved as a Delegate Chief Building Official for the California Energy Commission responsible for verifying new power project conformance to engineering construction codes on behalf of the Commission.
Select Project Experience
Building Safety Plan Review
x Sacramento Convention Center Project, Sacramento, CA
x Los Altos Gardens Project, Los Altos, CA
x Packard Foundation Project, Los Altos, CA
x Santa Clara Square Apartments and Parking Structures, Santa Clara, CA x NASA Moffett Federal Airfield, Historic Building Project, Mountain View, CA x War Memorial Community Center, Daly City, CA
x Concrete Tilt-Up Shell Building (60,000 sf), Concord, CA x Marin Health Campus - Buildings A-E, County of Marin, CA x New Medical Research Facility (44,000 sf.), Walnut Creek, CA x Major Office Remodel (Three 40,000 s.f. buildings), Pleasant Hill, CA x Rivertown Apartments, Petaluma, CA
x Palolo Chinese Home, Senior Housing Complex, Honolulu, HI x Spanos Park West Apartment Complex, Stockton, CA
Project Management / Administration
Have served as Delegate Chief Building Official / Engineering Manager for the California Energy Commission on thirteen natural gas fired power projects and one wind power generation facility in California having a combined valuation of over $3 billion. Responsible for oversight of plan review tasks and coordination of submittals numbering up into the thousands on these designbuild projects. x Russell City Energy Center Project (600 MW), Hayward, CA x Mountain View Power Project (1,056 MW), Redlands, CA
x Palomar Energy Center Project (546 MW), Escondido, CA Work Experience
TRB + Associates Inc., Principal & Founder, 2006 – Present Bureau Veritas, Building & Facilities Code Compliance Services, 2001 - 2006 Deloitte & Touche LLP, Construction Consulting Services, 1999 - 2001 City of Concord, California – Permit Center, 1996 - 1999 Luhdorff & Scalmanini Consulting Engineers, 1993 - 1996 Tosco Refining Company, 1991 & 1992
appendix 1
Education
Master of Business
Administration
Walter Haas School of Business
University of California
Berkeley
Bachelor of Science
Civil Engineering
Cum laude
University of California Davis
Registration
Registered Civil Engineer
California (#C-56425) Hawaii
(#11647)
ICC Certified Building Plans
Examiner
ICC Certified Commercial
Building Inspector
ICC Certified Commercial
Electrical Inspector
ICC Certified Commercial
Plumbing Inspector
ICC Certified Commercial
Mechanical Inspector
LEED Accredited Professional
Certified Accessibility Specialist
(CASp-229)
SAP / ATC 20 Certified
DSA-Approved Fire Life Safety
Plan Reviewer
Professional Affiliations
ICC East Bay Chapter
Past President (2009)
International Code Council
Other
Delegate Chief Building Official
for the California Energy
Commission – Power Plant
Facilities
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-2
RESUMES
Bing Young, Architect | Plan Review Manager & Senior Plan Review Architect Bing Young is a registered Architect with plan review experience on both residential and commercial projects. He provides comprehensive life safety, accessibility, energy, and mechanical/electrical/plumbing reviews on a variety of residential and commercial project types. Bing possesses over 25 years of professional experience which includes roles in production, project management, construction management, energy, and accessibility analysis.
Work Experience
Plan Review Architect, TRB + Associates, Inc. 2018 - Present x Review drawings and calculations for code compliance on behalf of client agencies x Projects include residential subdivisions, custom homes, additions, remodels, new commercial buildings, and tenant improvements
Project Architect, PSM Architects, Inc. 2008 – 2018
x Prepared and managed the development of comprehensive construction documents for new commercial buildings, tenant improvements, and additions x Oversaw and directed production staff
x Performed quality control review of building permit submittal documents x Facilitated client and permit processing meetings
x Collaborated with engineers, ancillary designers, and vendors x Prepared and reviewed project specifications
x Reviewed shop drawings and submittals for compliance with specifications and design intent x Performed accessibility evaluation of existing sites and buildings x Prepared detailed accessibility reports for building and business owners x Facilitated pre-construction and post-construction on-site meetings with construction project managers and general contractors
x Performed construction administration and project closeout duties Staff Architect, Hollman Bologna Architecture & Planning, Inc. 1996 - 2008 x Prepared schematic design and construction documents for single-family and multi-family residential remodels, additions, and new buildings
x Performed residential building reconnaissance for additions and remodel projects x Prepared design review documents for planning approvals x Facilitated building permit processing
x Prepared and reviewed Title 24 Energy Efficiency Compliance documents Certified Energy Plans Examiner, BETA, Inc. 1993 - 1999 x Reviewed and approved Title 24 Energy Efficiency Compliance documents for residential and non-residential buildings for local jurisdictions
(ducation
Bachelor in Architecture,
California Polytechnic State
University
San Luis Obispo, CA
Registration
Registered Architect, California
Professional Affiliations
National Council of
Architectural Registration
Boards Certified
ICC Member
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-3
RESUMES
Douglas Simms, CBO, CASp, CHST | Inspection Services Manager Doug Simms has over 30 years of combination building inspection experience.
He has inspected numerous commercial and residential projects including high-tech clean room and complex electrical system installations. Doug has the ability to problem solve and research processes involved in highly technical systems. During his career, he has been responsible for the oversight of field inspectors and other building department staff. Doug employs a customer service focus in carrying out his building safety inspection responsibilities.
Select Project Inspection Experience
x Onsite Interim Supervising and Senior Inspector – City of Tracy, CA (TRB and Associates).
Served in Interim Supervising and Senior Inspector roles for the City. Provided inspection on several large-scale projects including distribution warehouses and multifamily projects.
While serving as interim Supervising Inspector, coordinated closely with the building official and inspection team members, and mentored junior level inspectors. x Delegate Building Official Services, Inspector of Record – California Energy Commission (TRB and Associates). Provided inspection, safety monitoring and onsite project review on four Power Plant projects having a combined power output of over 1,500 MW. Completed onsite inspections to verify project conformance to the California Building Standards codes, applicable project conditions of certification, and local ordinances, standards, and regulations. Provided oversight of all systems to verify compliance with design documents and governing codes and requirements. Role included preparation of daily and weekly project inspection reports. Doug served on the following power generation projects:
R Russell City Energy Center (600 MW Combined-Cycle), Hayward, CA R Lodi Energy Center (296 MW Combined–Cycle), Lodi, CA
R Almond 2 Power Plant (174 MW Simple-Cycle), Ceres, CA R Walnut Creek Energy Park Project (500 MW Simple-Cycle), Industry, CA x PG&E Training Center, Livermore CA. This project comprised creating a leak detection training center for gas line workers. The project included an elaborate piping system used to simulate a commercial or a residential event scenario; a large rainwater containment system; and a helicopter landing pad.
x Lucky’s Regional Distribution center, San Leandro, CA. Project inspector for 410,000 square foot refrigerated and frozen food warehouse. The project comprised inspection of structural, mechanical, and electrical systems. This facility incorporated use of an ammonia-based refrigeration system.
x Kaiser Medical Center, Livermore CA. As project inspector for this medical clinic, inspected all phases of construction. Structure comprised a steel frame with concrete tilt-up wall construction. The building included treatment rooms, waiting areas, and clerical spaces, as well as a large generator and automatic transfer switch. x Form Factor, Livermore CA. Inspected the construction of a series of projects which included office space, employee areas and complex clean room facilities.
Work History
TRB + Associates, Inc., 2011- Present, Supervising Building Inspector City of Livermore, CA, 2001 - 2009, Building Inspector II City of San Leandro, CA, 1990 - 2001, Senior Building Inspector Education
Certificate of Completion
Building Inspection
Butte Community College
Oroville, CA
Certifications
Certified Building Official
Combination Building
Inspector
Plans Examiner
Building Inspector
Electrical Inspector
Plumbing Inspector
Mechanical Inspector
Green Point Rater
Certified Accessibility Specialist
(CASp)
Certified Health Safety
Technician
Professional Affiliations
NECA East Bay Electrical Code
Committee
Past Chairman (3 years)
NECA East Bay Uniform Code
Committee
Past Member
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-4
RESUMES
Dominic Ma, SE, PE, MPA | Quality Control Principal
Dominic has more than 30 years of experience in reviewing building plans and specifications submitted for building permit applications to assure compliance with adopted building codes and reference standards. Dominic’s experience includes working for more than 27 years as a plan check engineer for the City of San Leandro and 6 years as a supervising civil engineer for the City of Oakland, where he led the City’s plan review division.
Dominic has considerable knowledge of civil engineering and structural engineering principles and practices, California Building Code and Title 24 provisions. His strengths include having the ability to review, analyze and evaluate plans, specifications, engineering reports and calculations; possessing knowledge to identify code deficiencies; and evaluating alternate methods and materials of construction. Dominic is adept at reviewing plans for adherence to the California Building Code, ASCE 7-05/10, and when applicable FEMA, ASCE 41, NEHRP provisions.
Select Project Experience
Building Safety Plan Review
Plan Review projects supervised in the City of Oakland
x 2121 Harrison Street. The Cathedral of Christ the Light (also called the Oakland Cathedral).
A new modern Roman Catholic Cathedral with glass walls 120 ft. high. The $190 million, 224,000 square feet structure sits on 36 innovative “friction pendulum double-concave bearing isolators,” consisting of two facing concave surfaces. x 2100 Franklin Street. The $45 million, 245,000 s.f. project is 9 stories high and built with steel frames. To compensate for its slightly smaller than code required width, the interior atrium is equipped with smoke control system to provide fire protection for its occupants. Evaluated the alternate materials methods request associated with this design element. x 100 Grand Avenue. 22 Story Condominium Building budgeted at $150 million. x Oakland Airport (Expansion and interior remodeling). A $350 million Terminal Improvement Program.
Plan Review projects performed
x Bayfair Mall (Tenant improvements), San Leandro
x Century 21 Theatre, San Leandro
x San Leandro Dialysis Clinic
x San Leandro Honda
x San Leandro Hospital (New doctors’ office building)
x Carlton Plaza of San Leandro (Assisted living facility) x Costco Building Addition, City of Concord
x New Gas Compressor Building, Butte County
x AT&T Rooftop solar Panel Installation, City of San Ramon x Tilt-up Warehouse Buildings (2), City of Sacramento
x Historic Building Seismic Retrofit, City of Benicia
x Cancer Treatment Facility, City of Pleasant Hill
Work Experience
TRB + Associates, Inc., Senior Plan Review Engineer, 2007 to present City of Oakland, Supervising Civil Engineer (Building Division), 2000 – 2006 City of San Leandro, Plan Check Engineer, 1973 – 2000
Education
Master of Science Structural
Engineering UCLA, Los Angeles,
CA
Master of Public
Administration, California State
University, East Bay Hayward,
CA
B.S. Civil Engineering
University of California,
Berkeley, CA
Registration
Registered Structural Engineer
California (#1920)
Registered Civil Engineer
California (#20018)
ICC Certified Plans Examiner
Certified Energy Plans
Examiner Residential (#R05-94-
5121) - Inactive
Certified Energy Plans
Examiner Non-Residential
(#NR05-94-5576) - Inactive
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-5
RESUMES
Paul Armstrong, PE, CBO | Technical Director & Instructor Paul Armstrong is a Registered Professional Engineer with over 30 years of engineering experience. His vast experience in all manner of construction, be it industrial, commercial and residential project types, provides our clients with a strong skill set and wealth of industry knowledge. In addition to Paul’s engineering experience, he is also a Certified Building Official, serving in this capacity at the City of El Monte, as well as Laguna Hills, Signal Hill, and Palos Verdes.
A noted author and lecturer in the building life safety industry, Mr. Armstrong has earned many awards, including CALBO Instructor of the Year.
Select Project Experience
x Apple Campus Theater, Cupertino, CA – The plan review of the Apple Campus’ Theater where new products would be announced and corporate meetings held. Mostly subterranean structure that has a glass entry lobby supporting a carbon fiber roof (disk). x ARTIC (Anaheim Regional Transportation Intermodal Center), Anaheim, CA – Plan review of the fire and life safety regulations for this new transportation center. The building is a steel tube framework with a 2-story administration area with a mezzanine inside. This review included a pedestrian bridge leading to the train platforms. x Anaheim Convention Center Expansion, Anaheim, CA – A very large expansion of the convention center meeting space with an associated parking garage addition. x Disneyland Star Wars Expansion, Anaheim, CA – A very visible area of the Disney resort that is about to open this year.
x Rams/Chargers NFL Stadium, Inglewood, CA – The plan review of the newest NFL Stadium project in So CA. The stadium itself is covered by a large steel tube framed roof structure that is not connected to the stadium.
x Rio Tinto Soccer Stadium, Sandy City, Utah – The plan review of the Salt Lake area’s professional soccer stadium. It included a roof canopy structure with a wave feature in the leading edge.
x Building Official Roles:
R Palos Verdes Estates
R Laguna Hills
R Whittier (interim position)
R Signal Hill
R El Monte
Regional Director, Building & Safety Services, TRB + Associates 2019 – Present Responsible for new business development for building life safety services for various jurisdictions throughout California. Provide client relations and code assistance. Perform training lectures on building and residential codes. Participate on various local, state-wide and national committees. Building Official of the City of Signal Hill.
Group Leader, Building and Safety Services, Industry Consultant 2017 – 2019 Responsible for the development of new business for inspection services and plan review services for various jurisdictions across the United States. Provide client care and assistance on code related issues. Give training lectures on the building and residential codes. Participate on various local, state-wide, and national committees. Building Official of the City of Palos Verdes Estates and Laguna Hills.
Education
B.S. Civil Engineering California
State University, Long Beach
Advanced Study, Fire
Protection Engineering,
Cal-Poly San Luis Obispo
Registration | Certification
Registered Professional
Engineer, CA (#45464)
ICC Certified Building Official
Awards
CALBO Instructor of the Year,
2010
CALBO Course Developer Merit
Award, 2014
Committees
International Association of
Building Officials Board, 2018
ICC Code Correlation
Committee, 2018
Orange Empire Chapter of ICC,
Vice President
ICC Residential Energy Code
Development Committee,
Chair 2013
ICC Building Official
Membership Council,
Governing Committee, 2011
CALBO State Code Committee,
2011, 2012(Chair), and 2013
CALBO Building/Fire Advisory
Committee, 2011
LA Basin Chapter and Orange
Empire Chapter Code
Committee, Chair 2011, 2012
(Chair) and 2013 (Chair)
Secretariat to the International
Residential Code for One- and
Two-Family Dwellings (1997-
2000)
(Ctd. on next page)
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-6
RESUMES
Vice President, Various Industry Consultant Firms 2005 – 2017 Responsible for the development of new business for inspection services and plan review services for various jurisdictions across the United States. Provide client care and assistance on code related issues. Give training lectures on the building and residential codes. Participate on various local, state-wide and national committees. Participate on various local, state-wide and national committees. Promotion and sales of the Firms’ in-house electronic plan review system. Building Official of the City of Signal Hill. Contract Plan Review Engineer for the City of Anaheim Chief Building Official, City of El Monte, Industry Consultant 2011 – 2012 Responsible for the City of El Monte Building Division. Review plans for the City and issues permits. Conduct investigations of non-complying facilities frequently in conjunction with the Planning Division, Code Enforcement Division and LA County Fire Department. Develop presentations for City Council on adoption of new codes, etc.
Vice President, ICC 1991 – 2005
Led the ICC Architectural and Engineering Services Department, responsible for technical opinions, plan review and the administration of technical contracts during the consolidation into the International Code Council. Managed ICBO Technical Services Department which was responsible for the maintenance of the code development process, plan review service and code opinion service for both external and internal customers. Represented the Council to many national, state and local organizations. Responsible for the technical image of the conference.
Provided technical assistance on code related issues to both jurisdictional and professional members and non-members. Provided research on many code-related issues. Secretariat to most ICBO code development committees and the initial drafting secretariat to the ICC International Residential Code.
City of Los Angeles, Dept. of Building and Safety 1988 – 1991 Structural Engineering Associate
Responsible for the structural, architectural and zoning review of proposed projects in the city.
Chief of Coordinating Division and Preservation Coordinator. Evaluation of building products for LA code compliance.
Teaching Experience
International Code Council (ICC)
Lecturer –Non-structural Fundamentals of the 2009 IBC (domestically and internationally) Lecturer – Non-structural Fundamentals of the 2012 IBC
Lecturer – ICC Code Development Process
California Building Officials
Lecturer- Significant Changes to the 2013 CBC and CRC for CALBO, and ICC Lecturer – 2016 Introduction to the CBC Means of Egress Lecturer - Updates to the 2010, 2013 and 2016 California Residential Code Lecturer – Updates to the 2010, 2013, and 2016 California Building Code Advanced Building Code Enterprises - Developed and presented coursework Lecturer – Accessibility topics
Lecturer – Updates to the 2006 International Residential Code and 2007 California Building Code Publications and Papers
ICC Significant Changes to the 2019 CBC/Significant Changes to the 2019 CRC ICC Significant Changes to the 2016 CBC/Significant Changes to the 2016 CRC ICC Significant Changes to the 2013 CBC/Significant Changes to the 2013 CRC ICC Dwelling Construction under the 2007 CBC - Technical Editor 1997 Uniform Codes and UBC Handbook - Staff Technical Editor Committees (Ctd.)
Author, 2013 and 2016
Significant Changes to the CBC
and CRC
UL Fuel Gas Products Council
(2002)
BCMC (BDMC) staff liaison
(1993-2002)
Co-secretariat to the ICC
Performance Based Building
Code
Secretariat to the International
Zoning Code (1996-2000)
Secretariat to the General
Design, Administrative, Lateral
Design, Fire and Life Safety and
Fire Risk Code Committees of
ICBO (1992-1996)
Staff secretariat responsible
for the rewrite of the Means of
Egress Chapter in the 1994
UBC
NIBS HHS Code Comparison
Committee (1994)
FEMA Building Performance
Review Team member (1993)
NIBS Flood Standards
Comparison Committee (1992)
Coordinator, Pacific Rim
Conference on Performance
Based Codes
Various ASCE standards
committees
SEAOC Code Committee liaison
ASME A17.1 Code Coordinating
Committee
ANSI Construction Standards
Board
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-7
RESUMES
Shelley Loughran | Client Relations Manager
Shelley has over 25 years of professional experience in the building safety industry. Her experience includes both public and private sector work; including experience working in various jurisdictional departments such as Planning, Redevelopment and Public Works. Her private sector work includes serving as a Client Relations Manager, Human Resources Coordinator and Permit Technician for several Bay Artea Consultants.
Serving as Client Relations Manager on behalf of TRB+, Shelley currently works with over 50 jurisdictions to serve as a liason to the firm’s clients; ensuring client needs are met.
Select Project Experience
Client Relations Manager, TRB and Associates 2016 – Present x Responsible for all marketing-related functions; including strategic planning, client development and public relations.
Permit Technician, City of Napa 2013 – 2016
x Served as a Permit Technician in the City of Napa’s Community Development Department – Building Services Division for over 2 ½ years. Under the direction of the Chief Building Official, Shelley processed building permits from initial submittal through permit issuance. In addition, Ms. Loughran coordinated projects with City staff in multiple departments as well as outside agencies, including: Environmental Health, Napa Sanitation, Napa School District and the development community.
Marketing Coordinator, Bay Area Consultant 2006 – 2013
x Responsible for marketing-related functions for the firm; including proposal writing, attending conferences and public relations.
Permit Technician, Various Jurisdictions 1997 – 2006
x Worked for many bay area jurisdictions as a contract Permit Technician on an as needed basis from 1997-2006.
Permit Technician, Various Jurisdictions 1985 – 1996
x Served in various departments at the City of Huntington Beach from 1985 – 1996; working in Community Development, Redevelopment and Public Works while pursuing a bachelor’s degree. Served as a Permit Technician at the City’s Building Counter for over 5 years.
Work Experience
x TRB + Associates, Inc., Client Relations Manager/Permit Technician 2016 - Present x City of Napa, Building Dept., Permit Technician (City Employee) 2015—2016 x East Bay Area Municipal Consultant Firm, Contract Permit Technician for Napa 2013—2015 x Bay Area Municipal Consultant Firm, Permit Technician/Marketing Coordinator 1996—2013 x City of Huntington Beach, Permit Technician/Administration 1985-1996 Education
Bachelor of Arts, Liberal Arts
California State Long Beach
University, Long Beach, CA
Certification
FEMA
Incident Command System,
National Response Network
Professional Affiliations
Board Member - CBOAC
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-8
RESUMES
Thomas Hemenway, SE, PE | Senior Plan Review Engineer
Tom Hemenway is a Registered Structural Engineer with over 30 years of engineering experience. Tom’s experience includes providing structural, civil, and architectural design and quality control on a variety of industrial, commercial, and residential project types including multifamily podium projects, utility-scale power plant facilities, and retail buildings. He has served in design and analysis capacities for several seismic strengthening projects involving timber, steel, concrete, and masonry buildings in the greater San Francisco bay area. His technical skills include 3D modeling and dynamic analysis for large foundations and structures.
Select Project Experience
x Lead Civil/Structural Engineer on multiple projects including the following:
R NUMMI, Stamping Plant and Plastics Plant Expansion, Fremont R Vandenberg AFB housing development phases III and IV
R 140 Geary Street seismic retrofit, San Francisco, CA
R Amgen, Process Lab Building 99, Thousand Oaks, CA.
R Huntington Hotel, San Francisco, CA
R Wells Fargo Bank, Fremont Data Center, Fremont, CA.
x Responsible for Civil, Structural, and Architectural designs for industrial projects domestic and international.
x Responsible for structural analysis and design of seismic strengthening to existing timber, steel, concrete, and masonry buildings in the greater San Francisco bay area. x Responsible for 3D model constructability review for a new GE 7FA natural gas-fired and GE A10 steam turbine, 1x1 combined cycle electric power generating facility. x Responsible for ensuring quality of Civil, Structural, and Architectural construction activities for 600-megawatt natural gas-fired, combined cycle electric power generating facility.
x Performed dynamic structural analysis and concrete design for new steam turbine foundation.
x Designed concrete and steel structures for Kennecott Copper Smelter Modernization Project, Salt Lake City, UT using STAAD III and Microstation for PC computer. x Designed steel pile and conventional concrete pad foundations for overland conveyor at Falkirk Mine in Underwood, North Dakota.
Work Experience
TRB + Associates, Inc., Senior Plan Review Engineer, 2016 - Present Owner, TjHemenway Design Consultant, 2014 to 2016
Construction and Engineering Interface Manager, Kvaerner North American Construction Inc. and Parson Brinkerhoff JV, 2013
Owners Representative, Calpine, Russell City Energy Center, 2011 – 2012 Lead Structural Engineer, Aker Kvaerner, 2002 – 2003
Resident Engineer, Kvaerner, 2000 – 2002
Civil/Structural Discipline Manager, Kvaerner Metals, 1998 – 2000 Senior Structural Engineer, Kvaerner Metals, 1997
Civil/Structural Lead Engineer, The Bentley Company, 1995 – 1996 Others, 1981 – 1994
Education
B.S. Civil Engineering
Technology, Structural
Emphasis
Metropolitan State College,
Denver
Registration
Registered Structural Engineer
California (#5348)
Registered Civil Engineer
California (#52357)
Professional Affiliations
SEAONC Member
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-9
RESUMES
Karin Kuffel, SE, PE | Senior Plan Review Engineer
Karin has over 30 years of structural engineering experience. Ms. Kuffel has vast structural design experience in both complex commercial and residential projects. She has managed many large-scale projects, including hospitals, OSHPD and the Chabot Space and Science Center. Her experience includes staff training, building design, and design review, as well as construction supervision and development of design and construction guidelines for new single-family residences.
Work Experience
Plan Review Engineer, TRB + Associates, San Ramon, CA 2016 - Present Provide structural plan check reviews of large commercial and institutional structures for multiple Bay Area building departments.
Build Change; Philippines 2014 - 2016
Lead Engineer - Philippines. Responsible for all technical work and staff of Denver-based engineering non-profit’s programs and operations throughout the Philippines, including management of Filipino engineering/technical staff comprised of engineers and builder trainers.
Supervised training of local staff, building design, design review, construction supervision, and development of design and construction guidelines and recommendations for single-family homes and schools based on the National Structural Code of the Philippines.
Crosby Group; San Mateo, CA 2011 - 2014
Senior Structural Engineer/Project Manager. Project management on multiple design-build projects, working with design team and contractor on fast-track work both in- and out-of-state.
Responsible for managing project team from design through construction, developing and tracking fees, deadlines, and deliverables.
Independent Consultant 2009 - 2011
Structural engineering consultant in San Francisco Bay Area. Consultant for small commercial and residential work. Extended contract work for Rutherford & Chekene included multiple hospital projects covering new hospital facility design, OSPHD plan-check work, and construction administration assistance.
Biggs Cardosa Associates, Inc., SF, CA 2006 - 2009
Senior Engineer. Project management with responsibility for developing work, managing project production work, and overseeing construction administration. Representative projects include oversight for design of 8-story residential and parking structure for Santana Row Parcel 8b (San Jose, California) and the Lowe’s parking structure in San Francisco.
KPFF Consulting Engineers; SF, CA 2004 - 2006
Project Manager. Responsible for developing work and fee proposals, managing project engineering, and drafting work, and overseeing construction administration. Project management included design of 5-story addition to Kaiser Santa Rosa Hospital, construction administration for 7-story addition to Modesto Memorial Hospital, and design and construction of low-income housing for South County Housing.
Independent Consultant 2001 - 2004
Structural engineering consultant in San Francisco Bay Area. Consulting clients included Chabot Space and Science Center, SOHA Engineers, and Gerson/Overstreet Architects.
Education
Bachelor of Science
Civil Engineering
Purdue University; West
Lafayette, Indiana
Masters of Business
Administration
Saint Mary’s College of
California; Moraga, California
Registration
Registered Structural Engineer
California
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-10
RESUMES
William Vaughn, SE, PE | Senior Plan Review Engineer
William Vaughn is a Registered Structural and Civil Engineer with over 35 years of experience in construction, structural engineering design, seismic investigation and structural peer and plan review. Bill has extensive knowledge in commercial and residential buildings as well as industrial facilities using steel, concrete, masonry and timber design. He also has a wide range of construction field experience including supervision, construction methods, product development and structural inspection. Of particular note, Bill’s steel design portfolio includes 2 Moment Frame patents with HSS Steel Columns and Wide Flange Beams.
Select Project Experience
x Provided structural design and peer review services for clients with residential, multi-family, and commercial buildings using timber, steel, concrete, and masonry design. x Produced structural designs for new buildings and provided structural designs and evaluations for alterations to existing buildings.
x Designed seismic strengthening of un-reinforced masonry buildings, wood buildings, and concrete tilt-up buildings.
x Produced repair designs for earthquake damaged facilities and for other structurally damaged buildings.
x Conducted analyses of existing buildings to assess compliance with codes and drawings. x Performed investigations of earthquake, fire, and flood distress. Prepared reports, engineering analyses, and repair recommendations.
x Provided expert witness, structural peer review and plan review services. x Investigated structural damage and distress for litigation preparation purposes. Prepared reports, engineering analysis, and recommendations to client. Provided design preparation and construction observations for repair designs.
Structural Peer Review
x Haas School of Business, University of California, Berkeley, CA Structural Plan Review
x Russell City Energy Center, New $800 million Power Plan Project (for California Energy Commission), Hayward, CA
x Newell Village Mixed Use Project, Walnut Creek CA
x Terraces at Los Altos Mixed Use Project (Phase 3), Los Altos, CA x New Family Dollar Store, Sacramento, CA
Structural Design
x Chevron Willbridge Terminal Upgrade, Portland, OR
x Chevron Eureka Terminal Upgrade, Eureka, CA
x Kaiser - Lennon Lane Mechanical & Seismic Upgrade, Walnut Creek, CA Work Experience
TRB + Associates Inc., Senior Plan Review Engineer, 2011 – Present Vaughn Engineering, Principal Structural Engineer, 1994 - 2011 David L. Messinger & Associates, Civil & Structural Engineer, 1990 -1994 Alan R. Horeis Structural Engineers, Civil Engineer, 1987 -1990 Others, 1971 – 1987
Education
Bachelor of Science,
Structural Engineering,
Masters-level Course Work in
Structural Engineering,
Portland State University,
Portland, Oregon
Bachelor of Arts, Economics,
Course Work in Business
Administration and Industrial
Engineering, State University of
New York, Buffalo, New York
Registration
Registered Structural Engineer,
California
Registered Civil Engineer
California
Professional Affiliations
Structural Engineers
Association of Northern
California (SEAONC)
Structural Engineers
Association of California
(SEAOC)
International Code Council
(ICC)
East Bay Chapter of ICC
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-11
RESUMES
Deborah Sandercock, SE, PE, CASp | Senior Plan Review Engineer Deborah has nearly 25 years of building life safety experience, serving as a Building Official, Supervising Structural Engineer and Deputy Director of Planning and Building for multiple jurisdictions. From her private sector work, to serving as a Supervising Structural Engineer for Contra Costa County, and later a Deputy Director for the City Oakland, she has been involved in the building industry since 1993. Ms. Sandercock has vast experience in complex industrial, commercial and residential projects. She has also managed multidivision staff in the areas of building, housing, zoning, code enforcement and inspection.
Work Experience
TRB + Associates, Senior Plan Review Engineer 2018-Present Building Official/Deputy Director Planning & Building, City of Oakland 2013 – 2016 x Plan, direct and coordinate through subordinate supervisors a variety of building services including building, housing and zoning code compliance and enforcement, inspection services, engineering and plan review services, permit processing and seismic safety programs; develop and implement the new Accela permitting system; develop and present legislation for new programs and adoption of local codes to County, Administrator and Mayor; perform analysis for fee study and develop new fee schedules; resole complex building service issues; provide code interpretations to staff, city officials and constituents; handle disciplinary issues and performance appraisals; direct the process for hiring staff; oversee department budget and finances, develop and implement department policies and procedures; work closely with Council, public and private groups to explain or coordinate programs and proposed projects.
Supervising Structural Engineer, Contra Costa County, Martinez CA 1999 – 2013 x Supervisor of plan check and engineering staff as well as the Application and Permit Center; develop department policies and County ordinances, make policy recommendations on code interpretations, provide technical training/support for plan check and inspection staff, review plans for compliance with structural, fire and life safety, disabled access requirements. x Perform and manage plan review for oil refineries and power generating plants, review and update permit fees, assist in the development and maintenance of the Accela permitting system, handle disciplinary issues and perform annual appraisals, Certified Access Specialist for the department.
x Powerplant Experience – Marsh Landing Generating Station, Antioch – 2010-2013 Project Engineer, DASSA Design, San Francisco, CA 1998 – 1999 x Structural analysis and inspection of public-school buildings for the development of seismic strengthening plans. Structural analysis and inspections of hospital buildings for the development of Senate Bill 1953 reports.
Project Engineer, Deems Lewis McKinley Architecture 1997 – 1998 x Structural design of new public-school buildings and seismic strengthening plans for existing public-school buildings.
Design Engineer, Ficcadebti & Waggoner, Inc. 1993 – 1997 x Structural design of commercial buildings. Inspection and design of repair plans for earthquake damaged buildings. Forensic inspection and analysis of existing residential buildings to determine structural deficiencies and develop repair plans. Design of curtain wall systems in light gauge and structural steel.
Education
MS in Civil Engineering,
University of California, Irvine
BS in Architectural Engineering,
California Polytechnic
University, San Luis Obispo
Licenses and Certifications
Structural Engineer, California
(4511)
Professional Engineer, CA
(56904)
Certified Access Specialist,
California (288)
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-12
RESUMES
Mike Kaszpurenko, SE, PE | Senior Plan Review Engineer
Mike Kaszpurenko is a registered Structural and Civil engineer with over 30 years of engineering experience. His experience encompasses the plan review, design, evaluation, and retrofit of various types of building and non-building structures using concrete, steel, masonry, wood, and light-gage metal.
Mike’s experience includes working for a large structural steel fabricator where he was involved in detailing of shop drawings, design of connections, and onsite field review.
Select Project Experience
Industrial, Manufacturing
x Corn Products Cogeneration Facility, Stockton, CA. Plan review of boiler building and miscellaneous foundations for new facility.
x Nine Mile Point Two Nuclear Power Plant, New York. Miscellaneous connection designs. x Oswego Power Plant, Oswego, New York. On site engineer, for fabricator of breeching, during construction of oil-fired power plant.
Commercial / Government /Civic
x 600 Sutter, San Francisco, CA. New eight story building. x 973 Market, San Francisco. Seismic upgrade of an existing 8 story brick and concrete building. x Saks Fifth Avenue, San Francisco, CA. Foundation shoring for a new department store. x El Camino Real Hotel, San Mateo, CA. Preliminary design of a new three-story hotel. x 1989 Loma Prieta Earthquake, San Francisco, CA. Damage assessment of numerous apartment buildings and other structures for the City of San Francisco. x City Center Rotunda, Oakland, CA. Upgrade of three, eight story adjacent buildings into one multifunction facility.
Education, Assembly / Healthcare
x Windsor Middle School, Windsor, CA. New $11 million School Campus. x Laguna Salada School District, Pacifica, CA. Survey of 12 school campuses for Pacifica School District.
x Clovis East High School, CA. Plan check review for the Office of the Office of State Architect on several buildings of a new campus.
x Kaiser Hospital Service Building, Walnut Creek, CA. New two-story support facility for a hospital.
Multi-unit Residential
x Winterland Apartments, San Francisco, CA. Engineer of record for a 304-unit apartment complex consisting of four stories of wood framing over several levels of concrete parking. x Park Hill Terrace, San Francisco. Upgrade and extension of former 8 story hospital building into condominiums.
Work Experience
TRB + Associates, Inc. San Ramon, CA, 2009 - Present
Structural Engineers Collaborative, San Francisco, CA, 1986—Present Culley Associates, San Francisco, CA, 1980—1986
H. J. Degenkolb & Associates, San Francisco, CA, 1978-1980 Cives Steel Corporation, Gouverneur, New York, 1976—1978 Education
Bachelor of Science,
Civil Engineering, Clarkson
University, Potsdam, New York,
1976
Registration
Registered Structural Engineer,
California
Registered Civil Engineer
California
Professional Affiliations
Structural Engineers
Association of Northern
California (SEAONC)
FEMA Structural Specialist, for
Urban Search and Rescue, Task
Force 7, Sacramento, CA.
California Office of Emergency
Services Volunteer for postearthquake building review. 'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-13
RESUMES
Daniel McLaughlin, PE, CASp | Senior Plan Review Engineer Dan McLaughlin is a registered Civil Engineer and ICC Certified Plans Examiner with plan review experience on numerous residential and commercial projects. He has provided structural, life safety, and mechanical/electrical/plumbing, and energy reviews on a variety of residential and commercial project types. Project types include complex single-family homes, small to mid-sized retail shell buildings, office and mercantile tenant improvements, and mixed-use projects. Dan possesses strong structural analysis skills and has an excellent working knowledge of ADAPT, RAM, SAP2000, AutoCAD, Revit, and MathCAD structural engineering software packages.
Work Experience
Plan Review Engineer, TRB + Associates, Inc. 2014 - Present x Review drawings and calculations for code compliance on behalf of client agencies x Projects range from small residential to large apartment and office buildings x Recently participated in structural review of 4 story 135,000 sf wood apartment building over 2 story PT parking garage
x Participated in structural review of a 6 story 133,000 sf steel buckling restraint braced frame office building
x Review a variety of wood, concrete, and steel building types x Communicate with project engineers and architects on a regular basis Engineering Assistant, Contra Costa County Sanitary District 2011 - 2014 x Performed submittal check to ensure use of proper materials and equipment x Created site maps to discover location of overflows in the event of clogs in the systems x Performed sewer line inspections to ensure proper installation by contractor x Supervised bore sight to allow continual work when lead engineer not on site Engineering Internship, City of Pleasant Hill, Engineering Division 2007 x Performed quality control of storm drainage system project x Supervised ADA sidewalk installation to ensure proper installation by contractor x Developed PowerPoint Presentation of the City department functions for the City Engineer Residential Construction, McLaughlin Construction 2011, 2013 x Extensive knowledge in residential wood construction. Restored Victorian home including repair and seismic retrofit of foundation, re-leveled house and conducted full replacement of electrical, plumbing and sewer line. Completed unfinished basement including framing, insulation, electrical, sheetrock and finish work
Collection System Operation Laborer, Contra Costa County Sanitary District 2009, 2010 x Performed assigned duties on the hydro, rodding, construction, and utilities location crews Education
Masters in Structural
Engineering
Lehigh University
Bethlehem, PA
B.S Civil Engineering
Lehigh University
Bethlehem, PA
Registration
Registered Civil Engineer,
California
ICC Certified Plans Examiner
DSA Certified CASp
Professional Affiliations
American Institute of Steel
Construction
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-14
RESUMES
Jeff Brooks, CASp | Senior Plans Examiner
Jeff possesses over 40 years in the construction industry with 21 years as a building inspector performing commercial and residential inspections with extensive knowledge of plan review in the building life safety, accessibility, plumbing, mechanical disciplines throughout Northern California. Jeff’s expertise spans in the review of highly complex projects of all types. He also has 20 years of experience working in the trades and as a contractor building custom homes.
As a collaborative leader, Jeff recently provided exceptional leadership skills as the Cannabis Project Manager for the City of Sacramento Building Division. He also provided training and direction for other plans examiners and inspectors for legal related facilities. He works well with the public as well as his colleagues and maintains high levels of productivity, reliability with excellent work ethic to deliver high quality customer service.
Jeff is ICC certified as a Commercial Building and Electrical Inspector. In addition, he is also certified as a California Access Specialist (CASp). Jeff has well-rounded experience in the building industry.
Work Experience
Senior Plans Examiner, TRB and Associates, Inc. 2021 - Present x Reviews complex plan drawings and calculations for code compliance on behalf of client agencies.
x Performs residential combination inspections and commercial building inspections. x Inspects and reviews all manner of construction, including new residential, additions, alternations, improvements, and commercial projects.
Building Inspector, City of Sacramento 2000 – 2021
General Contractor, Brooks Construction 1980 – 2000
Licenses and Certifications
x Certified Access Specialist
x ICC Commercial Building
Inspector
x ICC Commercial Electrical
Inspector
Education
Cosumnes River College
Building/Home/Construction
Inspection/Inspector
Honors/Awards
x Building Official Leadership
Academy – CALBO
Building Official Leadership
Academy (BOLA) Award for
completing the CALBO BOLA
program for2017-2018.
x Employee of the Month - City
of Sacramento Director of
Community Development
Awarded to the employee who
demonstrates excellent
customer service and
performance
Skills
x Municipalities
x Construction
x Code Enforcement
x Life Safety
x Building Codes
x Plan Review
x Building Inspections
x NFPA
x Interpersonal Skills
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-15
RESUMES
James Johnson, E.E., QCxP | Senior Plan Review Engineer James Johnson is a Registered Electrical Engineer (Hawaii), ICC Certified Electrical Plans Examiner, and Qualified Commissioning Services Provider (QCxP) with over 30 years of experience encompassing electrical engineering design and plan review. Mr. Johnson has provided electrical plan review on a variety of project types including commercial building, tenant improvements, and photovoltaic systems. In addition, Mr. Johnson has performed extensive power and lighting systems design, engineering and construction document production, and project management.
Select Skills / Project Experience
x Analyze permit submittal plan documents for conformance to adopted national, state, and city/county codes including NEC, NFPA, IBC, ICC and UFC standards. x Conduct forensic electrical systems investigations to determine origin and cause failure of equipment and associated distribution systems including power, lighting and fire alarm with analysis and resolution of legally adopted Code compliance issues. x Provide scheduled review as CQCR of electrical construction documentation with scheduled site inspection to assure quality construction in accordance with minimum codes and standards for U.S. government projects.
x Professionally managed a wide variety of governmental, commercial, institutional, and residential projects with associated commercial and emergency, renewable and nonrenewable power, lighting, and telecommunication systems. x Provided oversight of engineering skills development and implements of Engineers-InTraining. As a lead instructor at Leeward Community College, taught Math, English and Writing from high school through college freshman levels. x Proficient in Microsoft Word, Excel, PowerPoint, Adobe Photoshop and Acrobat Pro, AutoDesk AutoCAD MEP 2013. Revit MEP 2013.
Work Experience
x Senior Plan Review Engineer, TRB + Associates, Inc., 2014 to Present x Certified Electrical Plan Reviewer, City and County of Honolulu, 2013 to Present x Senior Electrical Engineer/Project Manager, Moss Engineering, 2005 – 2013 x Office Manager, Senior Electrical Engineer, Tower Engineering, 2000 – 2005 x Senior Project Engineer/Manager, Applied Engineering, 1995 – 2000 x Lead Instructor, Office of Continuing Education and Training, Leeward Community College, Pearl City, HI, 1995 – 2000
x Senior Electrical Design/Project Manager, Bennett, Drane, Karamatsu Engineers, Honolulu, HI, 1985 – 1995
Registration/Certification
Registered Electrical Engineer –
Hawaii
ICC Certified Electrical Plans
Examiner
Qualified Commissioning
Services Provider (QCxP)
Construction Quality Control
Reviewer (CQCR)
Professional Affiliations
Illuminating Engineering
Society (IESNA)
International Association of
Electrical Inspectors
Building Commissioning
Association (BCA)
International Code Council
(ICC)
Volunteer Affiliations
Board Member,
Richmond High School
Engineering Academy Advisory
Board
2014 – Present
Volunteer Writer/Coach,
El Cerrito and Richmond High
Schools
2013 – Present
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-16
RESUMES
Steven Block, E.E. | Senior Plan Review Engineer
Steven Block is a highly skilled electrical engineer with over 25 years’ experience in the electrical engineering field. His expertise includes electrical design and plan review for compliance with the National Electrical Code, California Electrical Code, California Energy Code, local ordinances, National Electrical Safety Code, California Electrical Code, California Energy Code, local ordinances, National Electrical Safety Code, OSHA and other applicable laws, ordinances, regulations and standards (LORS).
Projects reviewed for code compliance include commercial and industrial solar power plants, commercial natural gas power plants, wastewater treatment plants, and cement plants, industrial and commercial buildings, parking structures, hotels, and municipal utilities. Designed and provided construction support for traffic signals, highway lighting, closed circuit television, traffic monitoring stations, maintenance stations, and storm water pumping stations.
Work Experience
Senior Electrical Plan Review Engineer, TRB and Associates 2016 - Present x Plan review for residential, commercial, and industrial installations – Phillips 66 Naval Weapons Station, OSHPD 3 reviews for the City of Sacramento, Benicia Valero Refinery Audit, Child Daycare Center in Santa Clara, new apartments in Sacramento.
Senior Electrical Engineer, Private Consulting Firm 2004 - 2016 Plan review for code compliance and field inspector support – Silver State North Photovoltaic Generating Station, transmission lines, and high voltage substation (Nevada), Palomar Power Project (California), Panoche Energy Center (California), Abengoa Solar Thermal Generating Station and substation (California), Genesis Solar Collector Generating Station (California), Inland Empire Energy Center (California), Distributed Energy Partners Generating Stations (Hawaii), Various Wind Power Generating Stations in Solano County, CA, and other generating stations.
Plan review for commercial and industrial installations – FBI Honolulu, Disney Hawaii, Fort Irwin Military Housing (California), various rooftop photovoltaic installations (Hawaii), Valero Refinery Benicia (California), Transmission Line Feeder for Concrete Plant (Nevada) and Various Cellular Tower Installations (Hawaii).
Education
B.S. Engineering, Physics
California State University,
Northridge, CA
Registration
Registered Electrical Engineer
California, Nevada, Arizona,
Hawaii
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-17
RESUMES
Alan Roth, E.E. | Senior Plan Review Engineer
Alan Roth is a registered professional electrical engineer with over 30 years of engineering experience. His experience encompasses extensive electrical systems design, quality control, and oversight roles at power plant and other industrial facility types. Past roles include working for Calpine, Inc. and Dow USA on power generation and chemical plant projects.
Work Experience
Senior Electrical Plan Review Engineer, TRB + Associates 2016 – Present x Conducts electrical code compliance plan review of industrial and power generation facilities.
Currently assisting with plan review $1 billion petrochemical refinery expansion project.
Electrical Engineering, Calpine Corporation 1998 – 2014 During tenure at Calpine Corporation, held positions of Senior Electrical Engineer, Senior Project Engineer, Senior Operations Engineer, and Senior Electrical Engineer 3. x Provided support for the design and construction of a new combined cycle power plants and installation of new combustion turbine generators in existing plants. Duties included:
R Reviewed engineer’s design documents for compliance with Calpine standards and proper interface with OEM documentation
R Provided field support as required
R Design
R Management of capital projects
R Analysis of protection and control systems
R Root cause analysis and determination of corrective actions for equipment and protection system failures
R Recommended predictive preventative maintenance
x Provided interface with consultants for complete protection reviews at 12 Calpine power plants in CA. Duties include:
R Compiled all protection related drawings
R Compiled any relay coordination and settings documents R Provided field support to consultants to verify drawings and actual protective relay settings x Determined the preliminary conceptual design, using standard design guidelines for plants in development
x Interfaced with local utilities for new interconnections for projects in the development phase x Represented Calpine to WECC and other regulatory bodies. x Provided guidance to plants on maintaining compliance with regional and national reliability standards.
x Interfaced with local utilities for new interconnections for projects in the development phase. x Represented Calpine to WECC and other regulatory bodies. x Determine the specification of the major equipment to be selected for the projects as well as interfacing system design.
x Interfaced with utilities, steam hosts, gas suppliers, permitting agencies, consultants and other organizations involved with the development of power projects. x Directed transmission consultants in initial studies for power plant siting.
Education
B.S. Electrical Engineering
California State Polytechnic
University
Registration
Registered Electrical Engineer
California
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-18
RESUMES
Peter Kogan, M.E., LEED AP | Senior Plan Review Engineer Peter Kogan is a licensed mechanical engineer with over 30 years of diversified experience in the construction industry. His expertise lies in the areas of design and construction administration for Heating, Ventilation and Air Conditioning, Plumbing, Fire Protection, Energy and Building Studies, and Value Engineering.
In the past ten years he was responsible for the design and renovation construction of several historical preservation projects. Peter’s extensive experience and personal attention to project details has always assured professional services performed within budget and to complete client satisfaction.
Peter has published several technical articles in the national magazine "Heating, Piping, Air Conditioning" and recently had an article published in the architectural magazine "Progressive Architecture". Peter has presented a technical paper on World Energy Congress in Atlanta, Georgia in 1990.
Select Project Experience
Healthcare
x New Medical Facility, Nevada Air National Guard, Reno, NV x Radiology/ Oncology Labs Renovation, Hospital Building, UCSF, San Francisco, CA x Renovation of Buildings 210/212 & 301, Metropolitan State Hospital, Norwalk, CA x Sonoma State Hospital, Central Plant HVAC Modifications, Sacramento, CA Education, Assembly
x Wet Research Laboratories in Building 74, Lawrence Berkeley Lab, Berkeley, CA x Medical Research Laboratories, Warren Hall, UC Berkeley, CA x Calvary Church, Los Gatos, CA. New 80,000 sq.ft., 2-story Life Center with Classrooms, Multi-Use Room, Gymnasium, Meeting Halls, etc.
Multi-unit Residential
x New Condominium Complex, San Francisco, CA. New 7 Story Condominium Complex located at 1438 Green Street
x Military Housing and Commercial Facilities, NAS Fallon, NV. New 3 Building Housing Complex comprising 126 Bachelor Enlisted Quarter units & new base Administration, Maintenance, Shop and Storage Facilities.
Commercial
x The Disney Store, New Retail Store, Winward Mall, Kaneohe, HI x Office Building, San Francisco, CA. New 3 Story Office Building located at 325 Pacific Avenue
x New Ruth’s Chris Steak House Restaurant, The Montage, Reno, NV x Foods Pilot Plant Expansion for Clorox Corporation, Pleasanton, CA Government, Civic
x Renovation of 3–Building Command Headquarter Complex, Travis Air Force Base, Fairfield, CA
x New 2-story Fitness Center at Naval Postgraduate School, Monterey, CA x New International Arrival Building, Oakland Airport, CA Work Experience
TRB + Associates, Inc, 2008-Present
Peter Kogan Associates, Owner, 1988-Present
Education
Master of Science, Mechanical
Engineering, Moscow
Aeronautical Institute, Russia
Registration/Certification
Registered Professional
Mechanical Engineer:
California, Hawaii, Nevada,
Texas, Colorado, Arizona
Certified Energy Manager
(CEM), State of California
LEED Accredited Professional
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-19
RESUMES
Reggie Meigs, CBO | Chief Building Official
Reggie has 42 years of comprehensive building safety experience. He has overseen the provision of plan review, inspection, counter, permitting, and code compliance services to more than 35 cities and counties throughout California. He has been a CALBO instructor for courses in the computerization of Building Departments, Disabled Access, and Occupancy Groups. Reggie has also been a member of various professional code committees; including the State Fire Marshal’s Committee for Residential Care Facilities.
Reggie provides project management and supervisorial services to clients on an as-needed basis.
He has served as a Chief Building Official for numerous jurisdictions in the public sector as well as on a consultant basis.
Select Project Experience
x A/E Planning and Engineering, County of Orange, CA. Building and Safety Task Leader overseeing building plan review and inspection efforts for planned developments in the county. Currently, focusing services on the Ranch Plan, County’s largest development. x Chief Building Official, City of Jurupa Valley, CA. Manages the City’s Building and Safety Department overseeing plan review, permit counter assistance, inspection, and code enforcement. Building plan reviews are checked for compliance with building codes and access requirements, as well as any adopted codes to promote sustainability. Reviews include architectural, structural, mechanical, electrical, plumbing, green, and energy.
Accessibility Code Enforcement includes managing complaints, investigating potential violations and enforcing the City’s codes.
x Building Safety Services, County of Los Angeles, CA. District Engineering Associate and Senior Building Engineering Inspector/Office Manager. Trained 100+ building inspectors. Oversaw building inspection services for the Cities of Artesia, Cerritos, and Lancaster. x Chief Building Official, City of Riverside, CA. Managed the City’s Building and Safety Division, supervising 21 full-time employees. Developed programs to track permits and inspections as part of the City’s program of office automation, which drastically improved efficiency. One major project under his oversight involved overseeing the Building Safety plan review and inspection for the Riverside Municipal Airport expansion (hangers, office space, other buildings).
x Chief Building Official, City of Orange, CA. Managed the Building and Safety Division.
Prepared budgets totaling $1.2 billion for several sections within the division, managed an in-house staff of 19 employees and oversaw contracts with two plan check firms. Also assisted in the development of a custom permit tracking program that saved the City $20,000.
x Chief Building Official, City of Berkeley, CA. Responsible for the City’s plan checking, inspections, housing code enforcement and counter administration and supervised a staff of 22 employees. Implemented a “One Stop Permit Center Process” which reduced plan check turnaround time from 8-12 weeks to 1-2 weeks without hiring additional staff. x Chief Building Official, City of San Ramon, CA. Helped expand services (code enforcement), added services at the front counter and incorporated local Fire District and Engineering Department representatives to create a true “One Stop Shop”. Assisted the Building Division with streamlining the Building Permit computer system and helped implemented and design new software to assist the code enforcement section in maintaining their case files. Achieved 90% cost recovery on code enforcement.
Monty Straub | Senior Building Inspector
Education
College Coursework,
Civil / Electrical Engineering
Registration
CABO Registered Building
Official, CBO #1003
ICC Certified Professional
Building Official,
#5215342
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-20
RESUMES
Monty Straub possesses over 25 years of experience in the construction and building & fire/life safety industry. For over 14 of those years, Monty served as a Building Inspector for Contra Costa County. He has extensive knowledge of the practical application and enforcement of adopted construction codes, standards, and local ordinances in construction inspection. Monty applies a customer service focus in carrying out his building safety inspection responsibilities.
Monty’s professional inspection experience encompasses commercial, industrial, and residential projects. His experience includes serving as a Delegate CBO inspector on two power plant projects located in Contra Costa County. In that role, he provided daily inspections to verify compliance with all applicable laws, ordinances, and regulations, as required by the California Energy Commission.
Select Project Inspection Experience
x City of Walnut Creek Staff Augmentation Assignment - Building Inspector x Served as Delegate CBO Inspector on the following California Energy Power Plant Projects located in Contra Costa County
R Gateway / Mirant Energy Center (530 MW, Combined-Cycle Facility) R Delta Energy Center (880 MW, Combined-Cycle Facility) x Provided code compliance inspection services at the Shell and Conoco/ Phillips Oil Refineries located in Contra Costa County.
x Inspected numerous commercial buildings, e.g., AAA Building in Walnut Creek x Avalon 5 story multifamily residential project near Pleasant Hill Bart x Stratford Sr. Housing in Pleasant Hill, CA
x Seeno Tract Subdivisions, Pittsburg CA
x Blackhawk Plaza shopping center remodel and addition, Blackhawk CA x Several Custom Homes, Blackhawk CA
Work Experience
TRB and Associates, Inc., Senior Building Inspector, 2012 - Present Contra Costa County, Senior Building Inspector, 1997 - 2011 Straub Construction, Independent Contractor, 1984 - 1996 Education
Certificate of Achievement,
Construction and Building
Inspection, Diablo Valley
College, CA
Certifications
ICC Certified Building
Inspector
ICC Certified
Mechanical Inspector
ICC Certified Plumbing
Inspector
ICC Certified Electrical
Inspector
ICC Certified
Combination Inspector
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-21
RESUMES
Ken Baker | Senior Building Inspector
Ken Baker has over 30 years of experience in the construction sector encompassing building code inspection and interpretation, staff supervision, and project management. He has extensive experience working with architects, engineers, contractors, building department staff and other regulatory authorities to ensure compliance to adopted building code standards and local ordinances. His experience includes managing teams of over 15 staff members including field inspectors and support staff members.
Ken served as supervising inspector on numerous complex projects including high-rises, posttensioned structures, non-building structures, cleanrooms, and unreinforced masonry (URM) building retrofits. He was responsible for oversight and coordination of inspection tasks numbering up into the hundreds per week. Ken has a successful track record of ensuring timely and high-quality inspections.
Select Project Experience
x In charge of facilitating URM building identification program in Concord. Led in identifying all URM structures located within City limits.
x Bank of America: Four new high-rise office buildings comprising an 8 story, 10 story, and two 6 story buildings. Also inspected accompanying two parking structures (garages PT). x Tishman Building: 14 story office building with 2 levels below grade. Also inspected a separate 4 story garage which served building.
x Hilton Hotel: High-rise hotel project. Structural system comprised of post-tension and concrete shear wall construction. Complex foundation system included 4’ diameter piers, embedded a minimum of 75’ deep.
x Sun Valley Shopping Mall: Surveyed and inspected major fire damage repair project at mall.
Also inspected later complete remodel of the mall.
x BEI Systron-Donner: Provided oversight of a major remodel of this high-tech accelerometer fabrication facility. Areas inspected included several cleanrooms. x Willows Shopping Center: Provided inspection for approximate 250,000 s.f. center. x Chevron Corporate Offices: Inspected construction of new Building 3 and cogeneration facilities.
x Holiday Inn Remodel: Major hotel remodel project which included several A occupancies. x New Light Industrial Building Complex: Inspected 13 tilt-up structures. x Residential Apartment Complexes: Have inspected numerous facilities of various size, up to 100 units.
x Auto Repair Spray Booths
x Medical Office Buildings (MRI and Radiation labs)
x Churches
x Multiple Subdivisions and Single Family Dwelling projects x Public Storage Buildings
Work History
TRB + Associates, Inc., 2011- Present, Supervising Building Inspector City of Concord, 1977- 2008, Supervising Building Inspector City of Fairfield, 1975 – 1977, Senior Building Inspector Construction Contractor, Construction Foreman, Journeyman Carpenter 8 years in the construction trades, with 3 years as a journeyman carpenter and 1 year as a construction foreman in multifamily and residential construction.
Certifications
ICC Certified Building Inspector
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-22
RESUMES
Kevin Mulcahy | Senior Building Inspector
Kevin Mulcahy has over 30 years of experience in the fire and life safety industry. He has 15 years of working experience in the public sector serving as plan reviewer and building inspector for the City of Concord Building Department and Contra Costa County Fire Prevention District.
In addition to Kevin’s extensive knowledge of building and fire code standards, his experience working for a general contractor has allowed him to provide excellent customer service while performing over the counter plan reviews to the general public.
He has held ICBO Certifications in Plan Review and Building, Plumbing and Mechanical Inspection, as well as being certified in the National Fire Protection Agency Fire Code.
Select Project Experience
x Serve in role of as-needed Building Inspector. Currently on assignment at the Cities of Martinez and El Cerrito.
x Served as plan reviewer and senior inspector for The City of Concord, Building Department for projects ranging from conventional construction for single family dwellings, commercial tenant improvements, to high rise buildings.
x Served as plan reviewer for the Contra Costa County Fire Prevention District (CCCFPD) for non-structural commercial plans to verify compliance with NFPA Fire Codes, standard building codes and local ordinances.
Work Experience
TRB + Associates, Inc. Building Inspector, 2012 - Present City of Concord, Building Dept. CA, Senior Inspector/Plans Examiner, 1999—2009 Contra Costa County Fire Prevention District, Plan Reviewer, 1995—1999 City of Pleasant Hill, CA, Plan Reviewer and Building Inspector, 1985—1994 Lester Enterprises, Oakland, CA, 1980—1994
Education
Humboldt State College,
Arcata, CA
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-23
RESUMES
Jacqui O’Keefe | Senior Permit Technician
Jacqueline (Jacqui) has extensive experience working as both an ICC Certified Plans Examiner as well as a Permit Technician. This experience includes reviewing commercial, industrial, and residential projects for multiple jurisdictions. She is skilled in the application of building practices; regulatory compliance issues involving federal, state and local requirements. Her broad background in coordinating projects ensures a high level of customer satisfaction. This includes extensive building and life safety experience for numerous jurisdictions throughout California.
Work Experience
Plans Examiner | Permit Technician, TRB + Associates 2017 - Present x Reviews plans for new residential, additions, improvements, and light commercial projects. x Assists clients with questions and inquiries
x Manages the demands of multiple jurisdictions
x Assist with Document Control for various projects
x Contract Permit Technician for jurisdictions on an as needed basis.
Plans Examiner | Permit Technician, Bay Area Municipal Consultant 2013 –2017 x Provided plan review of residential and commercial projects, including additions and tenant improvements.
x Contract Permit Technician for multiple jurisdictions x Document Control for various high scale commercial and power plant projects.
Event Director | Office Manager– Bay Area Catering 2009 - 2011 x Responsible for all aspects of event management, including preparing proposals/contract negotiation, discussing rental upgrade options with clients, developing event timelines with clients, developing menus, working with outside vendors, and arranging rentals for events. x Recruited, trained, delegated, coached, motivated, and evaluated the performance of staff for all events. Inputted, retrieved, and updated event setup information and produce event reports through a computerized event management system.
Event Director | Office Manager– East Bay Golf Course 2004 - 2009 “Command Center” for office, handled issues/problems. Relayed accurate information to and from sales staff, chef, employees, and managing partner. This included guest counts, menus and tastings, location, and timing. Created a monthly binder of all events and staffing for managing partner, chef, and sales staff. Acted as the office administrator, answering phones, e-mails, scheduling meetings and conferences, managing transportation and travel, mail processing. Proficient in Microsoft office programs (word, excel), a variety of email systems (1and1, outlook). Proficient in QuickBooks including invoicing, billing, payroll, bill pay, and running reports. Managed the office schedule for all staff (front and back of house production) and oversaw sales staff appointment setting. Tracked all accounts payable and receivable, maintained working relationships with vendor billing departments and processing client payments. Created budgets, tracked inventory, completed profit and loss sheets.
Education
Bachelor of Arts, Chico
State University
Licenses/Certifications
Plans Examiner, ICC
Residential Energy
Inspector /Plans Examiner,
ICC
NFPA 472 Hazardous
Materials Awareness
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 CITY OF VALLEJO | AS-NEEDED OUTSIDE PLAN REVIEW, FERMITTING AND FIELD INSPECTION SERVICES A2-1 appendix 2 UNDUE INFLUENCE
Undue Influence Statement
TRB and Associates declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Vallejo in connection with the award or terms of Agreement that will be executed as a result of award of this contract, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Vallejo will receive compensation, directly or indirectly, from the consultant, or from any officer, employee or agent of the consultant, in connection with the award of the Agreement or any work to be conducted as a result of the Agreement.
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005
TRB & Associates Inc. Professional Services Agreement Page 1 of 2 Exhibit B - Compensation
EXHIBIT B
COMPENSATION
1. Consultant’s Compensation.
A. Services: City agrees to pay Consultant, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement for a total not to exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00).
2. Appropriate Billable Hourly Rates for Services and Additional Services.
Consultant’s billable hourly rates shall be as listed in Attachment 1 of Exhibit B, attached hereto and incorporated herein by this reference.
3. Consultant’s Reimbursable Expenses. Reimbursable Expenses shall be limited to actual reasonable expenditures of Consultant for expenses that are necessary for the proper completion of the Services and shall only be payable if specifically authorized in advance by City.
4. Payments to Consultant.
A. Payments to Consultant shall be made within a reasonable time after receipt of Consultant’s invoice, said payments to be made in proportion to services performed.
B. Request for payment shall be sent to:
Anthony Cook
Administrative Analyst II
Planning and Development Services
555 Santa Clara Street
Vallejo, CA 94590
5. Accounting Records of Consultant. Consultant shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement. Consultant shall keep such records available for audit, inspection and copying by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty four (24) hours’ notice.
The obligations of Consultant under this section shall survive this Agreement.
6. Taxes. Consultant shall pay, when and as due, any and all taxes incurred as a result of Consultant’s compensation hereunder, including estimated taxes, DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005
TRB & Associates Inc. Professional Services Agreement Page 2 of 2 Exhibit B - Compensation
and shall provide City with proof of such payments upon request.
7. Taxpayer Identification Number. Consultant shall provide City with Consultant’s complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service, and any other State or local tax identification number requested by City.
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005
TRB & Associates Inc. Professional Services Agreement Page 1 of 3 Exhibit C – Insurance Requirements
EXHIBIT C
INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of this Agreement, including any extensions thereto, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by the Consultant, their agents, representatives, or employees or subcontractors.
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
A. Insurance Services Office form number GL 0002 covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
B. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 any auto and endorsement CA 0025.
C. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
D. Professional Liability insurance appropriate to the Consultant’s profession (Errors and Omission).
2. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
A. General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
B. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
C. Workers’ Compensation and Employer's Liability: $1,000,000 per accident for bodily injury or disease. If Consultant is not subject to California Workers’ Compensation requirements, Consultant shall file a completed certificate of exemption form which may be obtained from the City prior to commencing any activity authorized hereunder.
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005
TRB & Associates Inc. Professional Services Agreement Page 2 of 3 Exhibit C – Insurance Requirements
D. Professional Liability (Errors and Omission): $1,000,000 combined single limit per occurrence, and annual aggregate.
3. Deductible and Self-Insured Retention. Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City of Vallejo, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4. Other Insurance Provisions. The general liability and automobile liability policies, as can be provided, are to contain, or be endorsed to contain, the following provisions:
A. The City of Vallejo, its officers, officials, employees, agents and volunteers are to be covered as additional insureds as respects; liability, including defense costs, arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Vallejo, its officers, officials, employees, agents or volunteers. The insurance is to be issued by companies licensed to do business in the State of California.
B. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Vallejo, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City of Vallejo, its officers, officials, employees, agents, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
C. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents, or volunteers.
D. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
E. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
F. The workers’ compensation and employer’s liability policy required hereunder shall be endorsed to state that the workers' compensation carrier DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005
TRB & Associates Inc. Professional Services Agreement Page 3 of 3 Exhibit C – Insurance Requirements
waives its right of subrogation against City, its officers, officials, employees, agents and volunteers, which might arise by reason of payment under such policy in connection with Consultant’s performance under this Agreement.
5. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
6. Verification of Coverage. Consultant shall furnish the City with certificates of insurance and original endorsements effecting general and automobile liability insurance coverage required by this clause. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences.
7. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
8. Payment Withhold. City will withhold payments to Consultant if the certificates of insurance and endorsements required in Paragraph F, above, are canceled or Consultant otherwise ceases to be insured as required herein.
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 03/16/2023
The Liberty Company Insurance Brokers
Lic #0D79653
5955 De Soto Ave, Ste 250
Woodland Hills CA 91367
Teresa Hayward
(888) 918-3960
[email protected]
TRB AND ASSOCIATES
3180 CROW CANYON PL #216
SAN RAMON CA 94583
Continental Casualty Company 20443
Continental Casualty Company 10346
Continental Casualty Company 20443
Employers Preferred Ins. Co. 10346
U. S. Specialty Insurance Co. 29599
CL22102831925
A Y 2097186534 11/10/2022 11/10/2023
2,000,000
1,000,000
10,000
2,000,000
4,000,000
4,000,000
B Y 7013446068 11/18/2022 11/10/2023
1,000,000
C
0 CUP7036238862 11/10/2022 11/10/2023
2,000,000
2,000,000
D EIG463819502 11/10/2022 11/10/2023
1,000,000
1,000,000
1,000,000
E
Professional Liab
Retro Date 11/10/2006 USS2233325 11/10/2022 11/10/2023
Each Claim 2,000,000
Aggregate 2,000,000
Retention 25,000
Re: Consulting & Plan Check Operations of the Named Insured.
The City of Vallejo, its officers, agents and employees are included as Additional Insureds on General Liability per SB300176D 6-16, (Architects, Engineers and Surveyors Liability Extension with office Pollution Liability Coverage) & SB146968B 6-16, (Blanket Additional Insured Endorsement with Products-Completed Operations coverage & Blanket Waiver of Subrogation) and Auto Liability per AC 85 43 06 18, (California Business Auto Coverage Enhancement Endorsement), subject to policy terms and conditions.
City of Vallejo
City Attorney's Office
555 Santa Clara Street
Vallejo CA 94590
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$
PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS
NON-OWNED
OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTHSTATUTEPER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY)
POLICY EFF
LTR TYPE OF INSURANCE POLICY NUMBER
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR
CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $
DAMAGE TO RENTED
PREMISES (Ea occurrence) $
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PROJECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005
PAESL PAESL
1,000 $168.00
Employment Practices Liability Coverage EPLI
10,000
Schedule rate adjustment SRA
-$4,254.00
Add'l for policy minimum premium APMP
$148.00
Increased employer's liability INEL
LECF LECF
$57.00
Premium discount PDIS
-$4.00
Schedule rate adjustment SRA
$25.00
Expense constant EXCNT
$160.00
UEBTF UEBTF
$12.00
Premium discount PDIS
-$3.00
ADDITIONAL COVERAGES
Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium OFADTLCV Copyright 2001, AMS Services, Inc.
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005
OSHEF OSHEF
$73.00
Merit Surcharge MERIT
-$6.00
Assessment Fund ASMNT
$139.00
Surcharges SURC
$39.00
Merit Surcharge MERIT
-$27.00
Waiver of Subrogation WVSUB
$250.00
YBYI YBYI
-$869.00
UEBTF UEBTF
$4.00
Increased employer's liability INEL
$2.00
Premium discount PDIS
-$172.00
Second Injury Fund 2NDIN
$154.00
ADDITIONAL COVERAGES
Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium OFADTLCV Copyright 2001, AMS Services, Inc.
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 6%'
(G
&RS\ULJKW&1$ $OO5LJKWV5HVHUYHG
&KDQJHVWR6HFWLRQ$&RYHUDJHV
&KDQJHVWR6HFWLRQ&:KR,V$Q,QVXUHG
&KDQJHVWR6HFWLRQ'/LDELOLW\DQG0HGLFDO([SHQVHV/LPLWVRI,QVXUDQFH 7+,6(1'256(0(17&+$1*(67+(32/,&<3/($6(5($',7&$5()8//< $5&+,7(&76(1*,1((56$1'6859(<256/,$%,/,7<(;7(16,21:,7+2)),&( 32//87,21/,$%,/,7<&29(5$*(
7KLVHQGRUVHPHQWPRGLILHVLQVXUDQFHSURYLGHGXQGHUWKHIROORZLQJ
%86,1(662:1(56/,$%,/,7<&29(5$*()250
%86,1(662:1(56&2002132/,&<&21',7,216
6&+('8/(2)/,0,76)252)),&(35(0,6(6/,0,7('32//87,21/,$%,/,7<&29(5$*( (DFK3ROOXWLRQ,QFLGHQW/LPLW
3ROOXWLRQ/LDELOLW\$JJUHJDWH/LPLW
,I QRHQWULHVDSSHDULQWKHDERYH6FKHGXOHLQIRUPDWLRQUHTXLUHGWRFRPSOHWHWKLVHQGRUVHPHQWZLOOEHVKRZQLQWKH 'HFODUDWLRQVDVDSSOLFDEOHWRWKLVHQGRUVHPHQW
7$%/(2)(1'256(0(17&217(176
,WHP7RSLF1DPH
(QKDQFHG6XSSOHPHQWDU\3D\PHQWV
([WHQGHG3URSHUW\'DPDJH&RYHUDJH
&RQWUDFWXDO/LDELOLW\IRU3HUVRQDODQG$GYHUWLVLQJ,QMXU\ 2ZQHG:RUNERDWVDQG1RQRZQHG:DWHUFUDIW
/HJDO/LDELOLW\±'DPDJHWR3UHPLVHV$OLHQDWHG3UHPLVHV 3HUVRQDODQG$GYHUWLVLQJ,QMXU\±'LVFULPLQDWLRQRU+XPLOLDWLRQ 3URSHUW\'DPDJH(OHYDWRUV
([WHQGHG&RYHUDJH)RU1HZO\$FTXLUH)RUPHG2UJDQL]DWLRQV
$GGLWLRQDO,QVXUHGV
6WDWHRU3ROLWLFDO6XEGLYLVLRQV±3HUPLWV6WDWHRU3ROLWLFDO6XEGLYLVLRQV&RQWUROOLQJ ,QWHUHVW0DQDJHUVRU/HVVRUVRI3UHPLVHV0RUWJDJHH$VVLJQHHRU5HFHLYHU&RRZQHURI,QVXUHG 3UHPLVHV /HVVRU RI (TXLSPHQW /HVVRU RI /DQG 7UDGH 6KRZ (YHQW /HVVRU (QJLQHHUV $UFKLWHFWV RU 6XUYH\RUV(QJDJHG%\<RX
)HOORZ(PSOR\HH)LUVW$LG
5HWLUHG3DUWQHUV0HPEHUV'LUHFWRUVDQG(PSOR\HHV 3DUWLFLSDWLRQLQ3URIHVVLRQDO-RLQW9HQWXUHVRULQ7HUPLQDWHG-RLQW9HQWXUHV3DUWQHUVKLSVRU//&V %ODQNHW$GGLWLRQDO,QVXUHGZLWK3URGXFWV&RPSOHWHG2SHUDWLRQV&RYHUDJH $GGLWLRQDO,QVXUHG±([WHQGHG&RYHUDJH
(VWDWHV5HSUHVHQWDWLYHVDQG6SRXVHV
%ODQNHW:DLYHURI6XEURJDWLRQ
*HQHUDO$JJUHJDWH/LPLWRI,QVXUDQFH±3HU/RFDWLRQ 6%'
3DJHRI
&KDQJHVWR6HFWLRQ%([FOXVLRQV
3ROLF\
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 6%'
(G
&RS\ULJKW&1$ $OO5LJKWV5HVHUYHG
&KDQJHVWR6HFWLRQ)/LDELOLW\$QG0HGLFDO([SHQVHV'HILQLWLRQV $GGLWLRQDO,QVXULQJ$JUHHPHQWV
3ROLF\
%URDG.QRZOHGJH1RWLFHRI2FFXUUHQFH
([WHQGHG%RGLO\,QMXU\
&RQWUDFWXDO/LDELOLW\±5DLOURDGV
2IILFH3UHPLVHV/LPLWHG3ROOXWLRQ/LDELOLW\&RYHUDJH (QKDQFHG6XSSOHPHQWDU\3D\PHQWV
7KHYDOXHVVKRZQLQSDUDJUDSKI&RYHUDJH([WHQVLRQ ±6XSSOHPHQWDU\3D\PHQWVRI6HFWLRQ$&RYHUDJHV DUHDPHQGHGDVIROORZV
$ 7KHDPRXQWVKRZQLQSDUDJUDSK
E
IRUEDLOERQGVLVDPHQGHGIURPWR
% 7KHDPRXQWVKRZQLQSDUDJUDSK
G
IRUDFWXDOORVVRIHDUQLQJVEHFDXVHRIWLPHRIIZRUNLVDPHQGHGIURP SHUGD\WRSHUGD\
([WHQGHG3URSHUW\'DPDJH
([FOXVLRQD([SHFWHGRU,QWHQGHG,QMXU\RI6HFWLRQ%([FOXVLRQV$SSOLFDEOHWR%XVLQHVV/LDELOLW\&RYHUDJH LVGHOHWHGDQGUHSODFHGZLWKWKHIROORZLQJ
7KLVLQVXUDQFHGRHVQRWDSSO\WR
D%RGLO\LQMXU\RUSURSHUW\GDPDJHH[SHFWHGRULQWHQGHGIURPWKHVWDQGSRLQWRIWKHLQVXUHG7KLVH[FOXVLRQGRHV QRWDSSO\WRERGLO\LQMXU\RUSURSHUW\GDPDJHUHVXOWLQJIURPWKHXVHRIUHDVRQDEOHIRUFHWRSURWHFWSHUVRQVRU SURSHUW\
&RQWUDFWXDO/LDELOLW\IRU3HUVRQDODQG$GYHUWLVLQJ,QMXU\ ([FOXVLRQS
RI6HFWLRQ%([FOXVLRQV$SSOLFDEOHWR%XVLQHVV/LDELOLW\&RYHUDJHLVGHOHWHG 2ZQHG:RUNERDWVDQG1RQRZQHG:DWHUFUDIW
8QGHU([FOXVLRQVWKHSDUDJUDSKHQWLWOHG$SSOLFDEOHWR%XVLQHVV/LDELOLW\&RYHUDJHLVDPHQGHGWRPDNHWKH IROORZLQJFKDQJHVWRWKHH[FOXVLRQHQWLWOHG$LUFUDIW$XWRRU:DWHUFUDIW
D $GGWKHIROORZLQJDGGLWLRQDOH[FHSWLRQWRWKHH[FOXVLRQ
7KLVH[FOXVLRQGRHVQRWDSSO\WR
$Q\ZDWHUFUDIWRZQHGE\\RXWKDWLVOHVVWKDQIHHWORQJZKLOHEHLQJXVHGLQWKHFRXUVHRI\RXULQVSHFWLRQ RUVXUYH\LQJZRUN
E 'HOHWHH[FHSWLRQ
DQGUHSODFHLWZLWKWKHIROORZLQJ
7KLVH[FOXVLRQGRHVQRWDSSO\WR
$ZDWHUFUDIW\RXGRQRWRZQWKDWLV
D
/HVVWKDQIHHWORQJ
DQG
E
1RWEHLQJXVHGWRFDUU\SHUVRQVRUSURSHUW\IRUDFKDUJH /HJDO/LDELOLW\±'DPDJHWR3UHPLVHV$OLHQDWHG3UHPLVHV $ 8QGHU([FOXVLRQVWKHSDUDJUDSKHQWLWOHG$SSOLFDEOHWR%XVLQHVV/LDELOLW\&RYHUDJHLVDPHQGHGWRGHOHWHWKH ILUVWWZRH[FHSWLRQVWDWHPHQWVEHQHDWKWKHH[FOXVLRQHQWLWOHG'DPDJHWR3URSHUW\DQGUHSODFHWKHPZLWKWKH
IROORZLQJ
6%'
3DJHRI
&KDQJHVWR6HFWLRQ(%XVLQHVVRZQHUV/LDELOLW\&RQGLWLRQV 'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 6%'
(G
&RS\ULJKW&1$ $OO5LJKWV5HVHUYHG
3ROLF\
3DUDJUDSKV
DQG
RIWKLVH[FOXVLRQGRQRWDSSO\WRSURSHUW\GDPDJH
RWKHUWKDQGDPDJHE\ILUHRU
H[SORVLRQ
WRSUHPLVHVUHQWHGWR\RXRUWHPSRUDULO\RFFXSLHGE\\RXZLWKWKHSHUPLVVLRQRIWKHRZQHUQRUWRWKH FRQWHQWVRISUHPLVHVUHQWHGWR\RXIRUDSHULRGRIRUIHZHUFRQVHFXWLYHGD\V$VHSDUDWHOLPLWRILQVXUDQFH DSSOLHVWR'DPDJH7R3UHPLVHV5HQWHG7R<RXDVGHVFULEHGLQ/LDELOLW\$QG0HGLFDO([SHQVHV/LPLWVRI ,QVXUDQFH
3DUDJUDSK
RIWKLVH[FOXVLRQGRHVQRWDSSO\LIWKHSUHPLVHVDUH\RXUZRUN % 8QGHU([FOXVLRQVWKHSDUDJUDSKHQWLWOHG$SSOLFDEOHWR%XVLQHVV/LDELOLW\&RYHUDJHLVDPHQGHGWRGHOHWHWKH XQQXPEHUHGH[FHSWLRQVWDWHPHQWEHQHDWKH[FOXVLRQSDQGUHSODFHLWZLWKWKHIROORZLQJ
([FOXVLRQVFWKURXJKLDQGNWKURXJKRGRQRWDSSO\WRGDPDJHE\ILUHRUH[SORVLRQWRSUHPLVHVZKLOHUHQWHGWR \RXRUWHPSRUDULO\RFFXSLHGE\\RXZLWKSHUPLVVLRQRIWKHRZQHUQRUWRGDPDJHWRWKHFRQWHQWVRISUHPLVHV UHQWHGWR\RXIRUDSHULRGRIRUIHZHUFRQVHFXWLYHGD\V $VHSDUDWHOLPLWRILQVXUDQFHDSSOLHVWRWKLVFRYHUDJHDVGHVFULEHGLQ/LDELOLW\$QG0HGLFDO([SHQVHV/LPLWVRI ,QVXUDQFH
3HUVRQDODQG$GYHUWLVLQJ,QMXU\±'LVFULPLQDWLRQRU+XPLOLDWLRQ $ 8QGHU/LDELOLW\$QG0HGLFDO([SHQVHV'HILQLWLRQVWKHGHILQLWLRQRI3HUVRQDODQGDGYHUWLVLQJLQMXU\LV DPHQGHGWRDGGWKHIROORZLQJWRUW
'LVFULPLQDWLRQRUKXPLOLDWLRQWKDWUHVXOWVLQLQMXU\WRWKHIHHOLQJVRUUHSXWDWLRQRIDQDWXUDOSHUVRQ % 8QGHU([FOXVLRQVWKHSDUDJUDSKHQWLWOHG$SSOLFDEOHWR%XVLQHVV/LDELOLW\&RYHUDJHLVDPHQGHGWRPDNHWKH IROORZLQJFKDQJHVWRWKHH[FOXVLRQHQWLWOHG3HUVRQDO$QG$GYHUWLVLQJ,QMXU\WR
'HOHWHLWVVXESDUDJUDSK
DQGUHSODFHLWZLWKWKHIROORZLQJ
7KLVLQVXUDQFHGRHVQRWDSSO\WR
3HUVRQDODQGDGYHUWLVLQJLQMXU\
&DXVHGE\RUDWWKHGLUHFWLRQRIWKHLQVXUHGZLWKWKHNQRZOHGJHWKDWWKHDFWZRXOGYLRODWHWKHULJKWVRI DQRWKHUDQGZRXOGLQIOLFWSHUVRQDODQGDGYHUWLVLQJLQMXU\7KLVH[FOXVLRQVKDOOQRWDSSO\WRGLVFULPLQDWLRQ RUKXPLOLDWLRQWKDWUHVXOWVLQLQMXU\WRWKHIHHOLQJVRUUHSXWDWLRQRIDQDWXUDOSHUVRQEXWRQO\LIVXFK GLVFULPLQDWLRQRUKXPLOLDWLRQLVQRWGRQHLQWHQWLRQDOO\E\RUDWWKHGLUHFWLRQRI
D
<RX
RU
E
$Q\RI\RXUH[HFXWLYHRIILFHUVGLUHFWRUVVWRFNKROGHUVSDUWQHUVRUPHPEHURU LI\RXDUHDOLPLWHG
OLDELOLW\FRPSDQ\
\RXUPDQDJHUV
$GGWKHIROORZLQJQHZH[FOXVLRQV
7KLVLQVXUDQFHGRHVQRWDSSO\WR
(PSOR\PHQW5HODWHG'LVFULPLQDWLRQ
'LVFULPLQDWLRQRUKXPLOLDWLRQGLUHFWO\RULQGLUHFWO\UHODWHGWRWKHHPSOR\PHQWSURVSHFWLYHHPSOR\PHQW SDVWHPSOR\PHQWRUWHUPLQDWLRQRIHPSOR\PHQWRIDQ\SHUVRQE\DQ\LQVXUHG 3UHPLVHV5HODWHG'LVFULPLQDWLRQ
'LVFULPLQDWLRQRUKXPLOLDWLRQDULVLQJRXWRIWKHVDOHUHQWDOOHDVHRUVXEOHDVHRUSURVSHFWLYHVDOHUHQWDO OHDVHRUVXEOHDVHRIDQ\URRPGZHOOLQJRUSUHPLVHVE\RUDWWKHGLUHFWLRQRIDQ\LQVXUHG 1RWZLWKVWDQGLQJWKHDERYHWKHUHLVQRFRYHUDJHIRUILQHVRUSHQDOWLHVOHYLHGRULPSRVHGE\DJRYHUQPHQWDOHQWLW\ EHFDXVHRIGLVFULPLQDWLRQ
7KHFRYHUDJHSURYLGHGE\WKLV3HUVRQDODQG$GYHUWLVLQJ,QMXU\±'LVFULPLQDWLRQRU+XPLOLDWLRQSURYLVLRQGRHVQRW DSSO\WRDQ\SHUVRQRURUJDQL]DWLRQZKRRWKHUZLVHTXDOLILHVDVDQDGGLWLRQDOLQVXUHGRQWKLV&RYHUDJH3DUW 6%'
3DJHRI
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 6%'
(G
&RS\ULJKW&1$ $OO5LJKWV5HVHUYHG
3ROLF\
3URSHUW\'DPDJH±(OHYDWRUV
8QGHU([FOXVLRQVWKHSDUDJUDSKHQWLWOHG$SSOLFDEOHWR%XVLQHVV/LDELOLW\&RYHUDJHLVDPHQGHGWRDGGWKH IROORZLQJDGGLWLRQDOH[FHSWLRQVWDWHPHQWEHQHDWKWKHH[FOXVLRQHQWLWOHG'DPDJHWR3URSHUW\
3DUDJUDSKV
DQG
RIWKLVH[FOXVLRQGRQRWDSSO\WRSURSHUW\GDPDJHWKDWUHVXOWVIURPWKHXVHRIHOHYDWRUV ([WHQGHG&RYHUDJH)RU1HZO\$FTXLUH)RUPHG2UJDQL]DWLRQV :KR,V$Q,QVXUHGLVDPHQGHGWRGHOHWH3DUDJUDSKD
$GGLWLRQDO,QVXUHGV
6HFWLRQ&:KR,V$Q,QVXUHGLVDPHQGHGWRLQFOXGHWKHIROORZLQJDGGLWLRQDOLQVXUHGVVXEMHFWWRWKHSURYLVLRQV VWDWHGEHORZ
$ 6WDWHRU3ROLWLFDO6XEGLYLVLRQV±3HUPLWV
7KLVLQVXUDQFHDSSOLHVRQO\ZLWKUHVSHFWWRRSHUDWLRQVSHUIRUPHGE\\RXRURQ\RXUEHKDOIIRUZKLFKWKHVWDWH RUSROLWLFDOVXEGLYLVLRQKDVLVVXHGDSHUPLW
7KLVLQVXUDQFHGRHVQRWDSSO\WR
D %RGLO\LQMXU\ SURSHUW\GDPDJH SHUVRQDODQGDGYHUWLVLQJ LQMXU\DULVLQJRXWRIRSHUDWLRQVSHUIRUPHG IRUWKHVWDWHRUPXQLFLSDOLW\
RU
E %RGLO\LQMXU\RUSURSHUW\GDPDJHLQFOXGHGZLWKLQWKHSURGXFWVFRPSHWHGRSHUDWLRQVKD]DUG % 6WDWHRU3ROLWLFDO6XEGLYLVLRQV
$VWDWHRUSROLWLFDOVXEGLYLVLRQVXEMHFWWRWKHIROORZLQJSURYLVLRQV
7KLVLQVXUDQFHDSSOLHVRQO\ZLWKUHVSHFWWRWKHIROORZLQJKD]DUGVIRUZKLFKWKHVWDWHRUSROLWLFDOVXEGLYLVLRQ KDVLVVXHGDSHUPLWLQFRQQHFWLRQZLWKSUHPLVHV\RXRZQUHQWRUFRQWURODQGWRZKLFKWKLVLQVXUDQFHDSSOLHV
D 7KH H[LVWHQFH PDLQWHQDQFH UHSDLU FRQVWUXFWLRQ HUHFWLRQ RU UHPRYDO RI DGYHUWLVLQJ VLJQV DZQLQJV FDQRSLHV FHOODU HQWUDQFHV FRDO KROHV GULYHZD\V PDQKROHV PDUTXHHV KRLVWDZD\ RSHQLQJV VLGHZDON YDXOWVVWUHHWEDQQHUVRUGHFRUDWLRQVDQGVLPLODUH[SRVXUHV RU
E 7KHFRQVWUXFWLRQHUHFWLRQRUUHPRYDORIHOHYDWRUV 7KLVLQVXUDQFHDSSOLHVRQO\ZLWKUHVSHFWWRRSHUDWLRQVSHUIRUPHGE\\RXRURQ\RXUEHKDOIIRUZKLFKWKHVWDWH RUSROLWLFDOVXEGLYLVLRQKDVLVVXHGDSHUPLW
7KLVLQVXUDQFHGRHVQRWDSSO\WRERGLO\LQMXU\SURSHUW\GDPDJHRUSHUVRQDODQGDGYHUWLVLQJLQMXU\DULVLQJ RXWRIRSHUDWLRQVSHUIRUPHGIRUWKHVWDWHRUPXQLFLSDOLW\ & &RQWUROOLQJ,QWHUHVW
$Q\SHUVRQVRURUJDQL]DWLRQVZLWKDFRQWUROOLQJLQWHUHVWLQ\RXEXWRQO\ZLWKUHVSHFWWRWKHLUOLDELOLW\DULVLQJRXWRI
7KHLUILQDQFLDOFRQWURORI\RX
3UHPLVHVWKH\RZQPDLQWDLQRUFRQWUROZKLOH\RXOHDVHRURFFXS\WKHVHSUHPLVHV 7KLVLQVXUDQFHGRHVQRWDSSO\WRVWUXFWXUDODOWHUDWLRQVQHZFRQVWUXFWLRQDQGGHPROLWLRQRSHUDWLRQVSHUIRUPHGE\ RUIRUVXFKDGGLWLRQDOLQVXUHG
' 0DQDJHUVRU/HVVRUVRI3UHPLVHV
$PDQDJHURUOHVVRURISUHPLVHVEXWRQO\ZLWKUHVSHFWWROLDELOLW\DULVLQJRXWRIWKHRZQHUVKLSPDLQWHQDQFHRUXVH RIWKDWVSHFLILFSDUWRIWKHSUHPLVHVOHDVHGWR\RXDQGVXEMHFWWRWKHIROORZLQJDGGLWLRQDOH[FOXVLRQV
7KLVLQVXUDQFHGRHVQRWDSSO\WR
$Q\RFFXUUHQFHZKLFKWDNHVSODFHDIWHU\RXFHDVHWREHDWHQDQWLQWKDWSUHPLVHV RU
6WUXFWXUDODOWHUDWLRQVQHZFRQVWUXFWLRQRUGHPROLWLRQRSHUDWLRQVSHUIRUPHGE\RURQEHKDOIRIVXFKDGGLWLRQDO LQVXUHG
6%'
3DJHRI
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 6%'
(G
&RS\ULJKW&1$ $OO5LJKWV5HVHUYHG
3ROLF\
( 0RUWJDJHH$VVLJQHHRU5HFHLYHU
$PRUWJDJHHDVVLJQHHRUUHFHLYHUEXWRQO\ZLWKUHVSHFWWRWKHLUOLDELOLW\DVPRUWJDJHHDVVLJQHHRUUHFHLYHUDQG DULVLQJRXWRIWKHRZQHUVKLSPDLQWHQDQFHRUXVHRIDSUHPLVHVE\\RX 7KLVLQVXUDQFHGRHVQRWDSSO\WRVWUXFWXUDODOWHUDWLRQVQHZFRQVWUXFWLRQRUGHPROLWLRQRSHUDWLRQVSHUIRUPHGE\RU IRUVXFKDGGLWLRQDOLQVXUHG
) &RRZQHURI,QVXUHG3UHPLVHV
$FRRZQHURIDSUHPLVHVFRRZQHGE\\RXDQGFRYHUHGXQGHUWKLVLQVXUDQFHEXWRQO\ZLWKUHVSHFWWRWKHFR RZQHUVOLDELOLW\DVFRRZQHURIVXFKSUHPLVHV
* /HVVRURI(TXLSPHQW
$Q\SHUVRQRURUJDQL]DWLRQIURPZKRP\RXOHDVHHTXLSPHQW6XFKSHUVRQRURUJDQL]DWLRQDUHLQVXUHGVRQO\ZLWK UHVSHFWWRWKHLUOLDELOLW\DULVLQJRXWRIWKHPDLQWHQDQFHRSHUDWLRQRUXVHE\\RXRIHTXLSPHQWOHDVHGWR\RXE\ VXFKSHUVRQRURUJDQL]DWLRQ$SHUVRQ
VRURUJDQL]DWLRQ
VVWDWXVDVDQLQVXUHGXQGHUWKLVHQGRUVHPHQWHQGVZKHQ WKHLUZULWWHQFRQWUDFWRUDJUHHPHQWZLWK\RXIRUVXFKOHDVHGHTXLSPHQWHQGV :LWKUHVSHFWWRWKHLQVXUDQFHDIIRUGHGWKHVHDGGLWLRQDOLQVXUHGVWKHIROORZLQJDGGLWLRQDOH[FOXVLRQVDSSO\
7KLVLQVXUDQFHGRHVQRWDSSO\
7RDQ\RFFXUUHQFHZKLFKWDNHVSODFHDIWHUWKHHTXLSPHQWOHDVHH[SLUHV RU
7RERGLO\LQMXU\SURSHUW\GDPDJHRUSHUVRQDODQGDGYHUWLVLQJLQMXU\DULVLQJRXWRIWKHVROHQHJOLJHQFHRI VXFKDGGLWLRQDOLQVXUHG
$Q\LQVXUDQFHSURYLGHGWRDQDGGLWLRQDOLQVXUHGGHVLJQDWHGXQGHUSDUDJUDSKV$WKURXJK*DERYHGRHVQRWDSSO\ WRERGLO\LQMXU\RUSURSHUW\GDPDJHLQFOXGHGZLWKLQWKHSURGXFWVFRPSOHWHGRSHUDWLRQVKD]DUG + /HVVRURI/DQG
$Q\SHUVRQRURUJDQL]DWLRQIURPZKRP\RXOHDVHODQGEXWRQO\ZLWKUHVSHFWWROLDELOLW\IRUERGLO\LQMXU\SURSHUW\ GDPDJHRUSHUVRQDODQGDGYHUWLVLQJLQMXU\DULVLQJRXWRIWKHRZQHUVKLSPDLQWHQDQFHRUXVHRIVXFKODQG SURYLGHGWKDWWKHRFFXUUHQFHJLYLQJULVHWRVXFKERGLO\LQMXU\RUSURSHUW\GDPDJHRUWKHRIIHQVHJLYLQJULVHWR VXFKSHUVRQDODQGDGYHUWLVLQJLQMXU\WDNHVSODFHSULRUWRWKHWHUPLQDWLRQRIVXFKOHDVH7KHFRYHUDJHJUDQWHGE\ WKLVSDUDJUDSKGRHVQRWDSSO\WRVWUXFWXUDODOWHUDWLRQVQHZFRQVWUXFWLRQRUGHPROLWLRQRSHUDWLRQVSHUIRUPHGE\RU RQEHKDOIRIVXFKDGGLWLRQDOLQVXUHG
, 7UDGH6KRZ(YHQW/HVVRU
:LWKUHVSHFWWR\RXUSDUWLFLSDWLRQLQDWUDGHVKRZHYHQWDVDQH[KLELWRUSUHVHQWHURUGLVSOD\HUDQ\SHUVRQRU RUJDQL]DWLRQZKRP\RXDUHUHTXLUHGWRLQFOXGHDVDQDGGLWLRQDOLQVXUHGEXWRQO\ZLWKUHVSHFWWRVXFKSHUVRQ RURUJDQL]DWLRQ
VOLDELOLW\IRUERGLO\LQMXU\SURSHUW\GDPDJHRUSHUVRQDODQGDGYHUWLVLQJLQMXU\FDXVHGE\
D <RXUDFWVRURPLVVLRQV
RU
E $FWVRURPLVVLRQVRIWKRVHDFWLQJRQ\RXUEHKDOI
,QWKHSHUIRUPDQFHRI\RXURQJRLQJRSHUDWLRQVDWDWUDGHVKRZHYHQWSUHPLVHVGXULQJWKHWUDGHVKRZHYHQW 7KHFRYHUDJHSURYLGHGE\WKLVSURYLVLRQGRHVQRWDSSO\WRERGLO\LQMXU\RUSURSHUW\GDPDJHLQFOXGHGZLWKLQ WKHSURGXFWVFRPSOHWHGRSHUDWLRQVKD]DUG
- (QJLQHHUV$UFKLWHFWVRU6XUYH\RUV(QJDJHG%\<RX
$QDUFKLWHFWHQJLQHHURUVXUYH\RUHQJDJHGE\\RXEXWRQO\ZLWKUHVSHFWWROLDELOLW\IRUERGLO\LQMXU\SURSHUW\ GDPDJHRUSHUVRQDODQGDGYHUWLVLQJLQMXU\FDXVHGLQZKROHRULQSDUWE\\RXUDFWVRURPLVVLRQVRUWKHDFWVRU RPLVVLRQVRIRWKHUVDFWLQJRQ\RXUEHKDOI
D ,QFRQQHFWLRQZLWK\RXUSUHPLVHV
RU
E ,QWKHSHUIRUPDQFHRI\RXURQJRLQJRSHUDWLRQV
6%'
3DJHRI
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 6%'
(G
&RS\ULJKW&1$ $OO5LJKWV5HVHUYHG
3ROLF\
%XWWKHFRYHUDJHKHUHE\JUDQWHGWRVXFKDGGLWLRQDOLQVXUHGVGRHVQRWDSSO\WRERGLO\LQMXU\SURSHUW\GDPDJH RU SHUVRQDODQGDGYHUWLVLQJLQMXU\DULVLQJRXWRIWKH UHQGHULQJRUIDLOXUHWR UHQGHUDQ\SURIHVVLRQDO VHUYLFHVE\ \RXRURQ\RXUEHKDOILQFOXGLQJEXWQRWOLPLWHGWR
7KHSUHSDULQJDSSURYLQJRUIDLOLQJWRSUHSDUHRUDSSURYHPDSVVKRSGUDZLQJVRSLQLRQVUHSRUWVVXUYH\V ILHOGRUGHUVFKDQJHRUGHUVRUGUDZLQJVDQGVSHFLILFDWLRQV RU
6XSHUYLVRU\LQVSHFWLRQDUFKLWHFWXUDORUHQJLQHHULQJDFWLYLWLHV )HOORZ(PSOR\HH)LUVW$LG
3DUDJUDSKD
G
RI6HFWLRQ&:KR,V$Q,QVXUHGLVGHOHWHGDQGUHSODFHGZLWKWKHIROORZLQJ
+RZHYHUQRQHRIWKHVHHPSOR\HHVLVDQLQVXUHGIRU
G
%RGLO\ LQMXU\ RU SHUVRQDO DQG DGYHUWLVLQJ LQMXU\ DULVLQJ RXW RI KLV RU KHU SURYLGLQJ RU IDLOLQJ WR SURYLGH SURIHVVLRQDO KHDOWK FDUH VHUYLFHV +RZHYHU WKLV UHVWULFWLRQ GRHV QRW DSSO\ WR ILUVW DLG DGPLQLVWHUHG E\ DQ HPSOR\HHZKRLVQRWDQHPSOR\HGGRFWRURUQXUVH
5HWLUHG3DUWQHUV0HPEHUV'LUHFWRUVDQG(PSOR\HHV 3DUDJUDSKRI6HFWLRQ&:KR,V$Q,QVXUHGLVDPHQGHGWRLQFOXGHWKHIROORZLQJDVLQVXUHGV
,QGLYLGXDOSHUVRQVZKRDUH UHWLUHGSDUWQHUVPHPEHUVGLUHFWRUVRUHPSOR\HHVDUHDOVRLQVXUHGVEXWRQO\IRU ERGLO\ LQMXU\ SURSHUW\GDPDJH SHUVRQDODQGDGYHUWLVLQJLQMXU\WKDW UHVXOWVIURP VHUYLFHVSHUIRUPHGIRU \RXXQGHU \RXU GLUHFWVXSHUYLVLRQ$OOOLPLWDWLRQVWKDWDSSO\WRHPSOR\HHVDQGYROXQWHHUZRUNHUVDOVRDSSO\WRDQ\RQHTXDOLI\LQJDV DQLQVXUHGXQGHUWKLVSURYLVLRQ
3DUWLFLSDWLRQLQ3URIHVVLRQDO-RLQW9HQWXUHV
$ 7KHIROORZLQJSDUDJUDSKLVDGGHGWR6HFWLRQ&:KR,V$Q,QVXUHG
<RXDUHDOVRDQLQVXUHGIRU\RXUSDUWLFLSDWLRQLQDSDVWRUSUHVHQWMRLQWYHQWXUHWKDWLVQRWQDPHGRQWKH 'HFODUDWLRQVEXWRQO\LIVXFKMRLQWYHQWXUHPHHWVDOORIWKHIROORZLQJFULWHULD
D (DFKDQGHYHU\RQHRI\RXUFRYHQWXUHUVDUHDUFKLWHFWXUDOHQJLQHHULQJRUVXUYH\LQJILUPV
E 7KHMRLQWYHQWXUHKDVQRGLUHFWHPSOR\HHV
DQG
F 7KHMRLQWYHQWXUHGRHVQRWRZQUHQWRUOHDVHDQ\UHDORUSHUVRQDOSURSHUW\ +RZHYHU\RXDUHLQVXUHGRQO\IRUWKHFRQGXFWRI\RXUEXVLQHVVZLWKLQVXFKDMRLQWYHQWXUH<RXDUHQRW LQVXUHGIRUOLDELOLW\DULVLQJRXWRIWKHDFWVRURPLVVLRQVRIRWKHUFRYHQWXUHUVQRURIWKHLUSDUWQHUVPHPEHUVRU HPSOR\HHV
7KLVLQVXUDQFHLVH[FHVVRYHUDQ\RWKHULQVXUDQFHDYDLODEOHWRVXFKDMRLQWYHQWXUHZKHWKHUSULPDU\H[FHVV FRQWLQJHQWRURQDQ\RWKHUEDVLV
% 7KHODVWSDUDJUDSKRI6HFWLRQ&:KR,V$Q,QVXUHGLVGHOHWHGDQGUHSODFHGE\WKHIROORZLQJ
([FHSWDVSURYLGHGLQDERYHQRSHUVRQRURUJDQL]DWLRQLVDQLQVXUHGZLWKUHVSHFWWRWKHFRQGXFWRIDQ\FXUUHQW RUSDVWSDUWQHUVKLSMRLQW YHQWXUH RUOLPLWHGOLDELOLW\ FRPSDQ\WKDW LVQRW VKRZQDVD1DPHG,QVXUHG LQWKH 'HFODUDWLRQV
%ODQNHW$GGLWLRQDO,QVXUHGZLWK3URGXFWV&RPSOHWHG2SHUDWLRQV&RYHUDJHDQG%ODQNHW:DLYHURI6XEURJDWLRQ $ :KR,V$Q,QVXUHGLVDPHQGHGWRLQFOXGHDVDQLQVXUHGDQ\SHUVRQRURUJDQL]DWLRQZKRP\RXDUHUHTXLUHGWR DGGDVDQDGGLWLRQDOLQVXUHGRQWKLVSROLF\XQGHUDZULWWHQFRQWUDFWRUZULWWHQDJUHHPHQWEXWWKHZULWWHQFRQWUDFW RUZULWWHQDJUHHPHQWPXVWEH
&XUUHQWO\LQHIIHFWRUEHFRPLQJHIIHFWLYHGXULQJWKHWHUPRIWKLVSROLF\ DQG
([HFXWHGSULRUWRWKH
D %RGLO\LQMXU\RUSURSHUW\GDPDJH
RU
E 2IIHQVHWKDWFDXVHGWKHSHUVRQDODQGDGYHUWLVLQJLQMXU\
IRUZKLFKWKHDGGLWLRQDOLQVXUHGVHHNVFRYHUDJH
6%'
3DJHRI
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 6%'
(G
&RS\ULJKW&1$ $OO5LJKWV5HVHUYHG
3ROLF\
% 7KHLQVXUDQFHSURYLGHGWRWKHDGGLWLRQDOLQVXUHGLVOLPLWHGDVIROORZV
7KDWSHUVRQRURUJDQL]DWLRQLVDQDGGLWLRQDOLQVXUHGRQO\ZLWKUHVSHFWWRVXFKSHUVRQRURUJDQL]DWLRQ VOLDELOLW\
IRU
D %RGLO\LQMXU\SURSHUW\GDPDJHRUSHUVRQDODQGDGYHUWLVLQJLQMXU\WRWKHH[WHQWFDXVHGE\
<RXUDFWVRURPLVVLRQV
RU
$FWVRURPLVVLRQVRIWKRVHDFWLQJRQ\RXUEHKDOI
LQWKHSHUIRUPDQFHRI\RXURQJRLQJRSHUDWLRQVVSHFLILHGLQWKHZULWWHQFRQWUDFW RU
E %RGLO\LQMXU\RUSURSHUW\GDPDJHWRWKHH[WHQWFDXVHGE\\RXUZRUNVSHFLILHGLQWKHZULWWHQFRQWUDFW RUZULWWHQDJUHHPHQWDQGLQFOXGHGLQWKHSURGXFWVFRPSOHWHGRSHUDWLRQVKD]DUGEXWRQO\LI
7KHZULWWHQ FRQWUDFW RU ZULWWHQ DJUHHPHQW UHTXLUHV \RXWR SURYLGHWKH DGGLWLRQDO LQVXUHG VXFK
FRYHUDJH
DQG
7KLV&RYHUDJH3DUWSURYLGHVVXFKFRYHUDJH
7KH/LPLWVRI,QVXUDQFHDSSOLFDEOHWRWKHDGGLWLRQDOLQVXUHGDUHWKRVHVSHFLILHGLQWKHZULWWHQFRQWUDFWRU ZULWWHQDJUHHPHQWRULQWKH'HFODUDWLRQVRIWKLVSROLF\ZKLFKHYHU LVOHVV7KHVHOLPLWVRI,QVXUDQFHDUH LQFOXVLYHRIDQGQRWLQDGGLWLRQWRWKH/LPLWVRI,QVXUDQFHVKRZQLQWKH'HFODUDWLRQV 7KH LQVXUDQFH SURYLGHGWRWKH DGGLWLRQDO LQVXUHG GRHV QRW DSSO\WR ERGLO\ LQMXU\ SURSHUW\ GDPDJH SHUVRQDODQGDGYHUWLVLQJLQMXU\DULVLQJRXWRIDQDUFKLWHFW VHQJLQHHU
VRUVXUYH\RU
VUHQGHULQJRIRUIDLOXUH
WRUHQGHUDQ\SURIHVVLRQDOVHUYLFHVLQFOXGLQJ
D 7KHSUHSDULQJDSSURYLQJRUIDLOLQJWRSUHSDUHRUDSSURYHPDSVVKRSGUDZLQJVRSLQLRQVUHSRUWV VXUYH\VILHOGRUGHUVFKDQJHRUGHUVRUGUDZLQJVDQGVSHFLILFDWLRQVE\DQ\DUFKLWHFWHQJLQHHURUVXUYH\RU SHUIRUPLQJVHUYLFHVRQDSURMHFWRIZKLFK\RXVHUYHDVDFRQVWUXFWLRQPDQDJHU RU
E ,QVSHFWLRQVXSHUYLVLRQTXDOLW\FRQWUROHQJLQHHULQJRUDUFKLWHFWXUDOVHUYLFHVGRQHE\\RXRQDSURMHFWRI ZKLFK\RXVHUYHDVFRQVWUXFWLRQPDQDJHU
7KLVLQVXUDQFHSURYLGHGWRWKHDGGLWLRQDOLQVXUHGGRHVQRWDSSO\WRERGLO\LQMXU\SURSHUW\GDPDJHRU SHUVRQDODQGDGYHUWLVLQJLQMXU\DULVLQJRXWRIFRQVWUXFWLRQRUGHPROLWLRQZRUNZKLOH\RXDUHDFWLQJDVD FRQVWUXFWLRQRUGHPROLWLRQFRQWUDFWRU
& 8QGHU%XVLQHVVRZQHUV/LDELOLW\&RQGLWLRQVWKHFRQGLWLRQHQWLWOHG'XWLHVLQ WKH(YHQWRI2FFXUUHQFH 2IIHQVH&ODLPRU6XLWLVDPHQGHGWRDGGWKHIROORZLQJ
$QDGGLWLRQDOLQVXUHGXQGHUWKLVSROLF\ZLOODVVRRQDVSUDFWLFDEOH
*LYHZULWWHQQRWLFHRIDQRFFXUUHQFHRUDQRIIHQVHWRXVZKLFKPD\UHVXOWLQDFODLPRUVXLWXQGHUWKLV
LQVXUDQFH
7HQGHUWKHGHIHQVHDQGLQGHPQLW\RIDQ\FODLPRUVXLWWRXVIRUDORVVZHFRYHUXQGHUWKLV&RYHUDJH3DUW
([FHSWDVSURYLGHGIRULQSDUDJUDSK'EHORZ
D 7HQGHUWKHGHIHQVHDQGLQGHPQLW\RIDQ\FODLPRUVXLWWRDQ\RWKHULQVXUHUZKLFKDOVRKDVLQVXUDQFHIRU DORVVZHFRYHUXQGHUWKLV&RYHUDJH3DUW
DQG
E $JUHHWRPDNHDYDLODEOHDQ\RWKHULQVXUDQFHZKLFKWKHDGGLWLRQDOLQVXUHGKDVIRUDORVVZHFRYHUXQGHU WKLVFRYHUDJHSDUW
:HKDYHQRGXW\WRGHIHQGRULQGHPQLI\DQDGGLWLRQDOLQVXUHGXQGHUWKLVHQGRUVHPHQWXQWLOZHUHFHLYHZULWWHQ QRWLFHRIDFODLPRUVXLWIURPWKHDGGLWLRQDOLQVXUHG ' :LWK UHVSHFWRQO\WRWKHLQVXUDQFHSURYLGHGE\WKLVHQGRUVHPHQWWKH FRQGLWLRQHQWLWOHG 2WKHU ,QVXUDQFH RIWKH %86,1(662:1(56&2002132/,&<&21',7,216LVDPHQGHGWRGHOHWHSDUDJUDSKVDQGDQGUHSODFH WKHPZLWKWKHIROORZLQJ
7KLVLQVXUDQFHLVH[FHVVRYHUDQ\RWKHULQVXUDQFHDYDLODEOHWRWKHDGGLWLRQDOLQVXUHGZKHWKHUSULPDU\ H[FHVVFRQWLQJHQWRURQDQ\RWKHUEDVLV%XWLIUHTXLUHGE\WKHZULWWHQFRQWUDFWRUZULWWHQDJUHHPHQWWKLV 6%'
3DJHRI
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 6%'
(G
&RS\ULJKW&1$ $OO5LJKWV5HVHUYHG
3ROLF\
LQVXUDQFHZLOOEHSULPDU\DQGQRQFRQWULEXWRU\UHODWLYHWRLQVXUDQFHRQZKLFKWKHDGGLWLRQDOLQVXUHGLVD 1DPHG,QVXUHG
:KHQWKLVLQVXUDQFHLVH[FHVVZHZLOOKDYHQRGXW\XQGHU%XVLQHVV/LDELOLW\LQVXUDQFHWRGHIHQGWKH DGGLWLRQDOLQVXUHGDJDLQVWDQ\ VXLWLIDQ\RWKHULQVXUHUKDVDGXW\WRGHIHQGWKHDGGLWLRQDOLQVXUHGDJDLQVW WKDWVXLWLIQRRWKHULQVXUHUGHIHQGVZHZLOOXQGHUWDNHWRGRVREXWZHZLOOEHHQWLWOHGWRWKHDGGLWLRQDO
LQVXUHG
VULJKWVDJDLQVWDOOWKRVHRWKHULQVXUHUV
:KHQWKLVLQVXUDQFHLVH[FHVVRYHURWKHULQVXUDQFHZHZLOOSD\RQO\RXUVKDUHRIWKHDPRXQWRIWKHORVVLI DQ\WKDWH[FHHGVWKHVXPRI
D
7KHWRWDODPRXQWWKDWDOOVXFKRWKHULQVXUDQFHZRXOGSD\IRUWKHORVVLQWKHDEVHQFHRIWKLVLQVXUDQFH
DQG
E
7KHWRWDORIDOOGHGXFWLEOHDQGVHOILQVXUHGDPRXQWVXQGHUDOOWKDWRWKHULQVXUDQFH :HZLOO VKDUHWKH UHPDLQLQJORVVLI DQ\ZLWK DQ\RWKHULQVXUDQFHWKDWLVQRWGHVFULEHGLQWKLV([FHVV ,QVXUDQFHSURYLVLRQDQGZDVQRWERXJKWVSHFLILFDOO\WRDSSO\LQH[FHVVRIWKH/LPLWVRI,QVXUDQFHVKRZQLQWKH 'HFODUDWLRQVRIWKLV&RYHUDJH3DUW
( $GGLWLRQDO,QVXUHG±([WHQGHG&RYHUDJH
:KHQDQDGGLWLRQDOLQVXUHGLVDGGHGE\WKLVRUDQ\RWKHUHQGRUVHPHQWDWWDFKHGWRWKLV&RYHUDJH3DUW:KR,V$Q ,QVXUHGLVDPHQGHGWRPDNHWKHIROORZLQJQDWXUDOSHUVRQVLQVXUHGV ,IWKHDGGLWLRQDOLQVXUHGLV
D $QLQGLYLGXDOWKHQKLVRUKHUVSRXVHLVDQLQVXUHG
E $SDUWQHUVKLSRUMRLQWYHQWXUHWKHQLWVSDUWQHUVPHPEHUVDQGWKHLUVSRXVHVDUHLQVXUHGV
F $OLPLWHGOLDELOLW\FRPSDQ\WKHQLWVPHPEHUVDQGPDQDJHUVDUHLQVXUHGV RU
G $QRUJDQL]DWLRQRWKHUWKDQDSDUWQHUVKLSMRLQWYHQWXUHRUOLPLWHGOLDELOLW\FRPSDQ\WKHQLWVH[HFXWLYHRIILFHUV GLUHFWRUVDQGVKDUHKROGHUVDUHDGGLWLRQDOLQVXUHGV
EXWRQO\ZLWKUHVSHFWWRORFDWLRQVDQGRSHUDWLRQVFRYHUHGE\WKHDGGLWLRQDOLQVXUHGHQGRUVHPHQW VSURYLVLRQVDQG
RQO\ZLWKUHVSHFWWRWKHLUUHVSHFWLYHUROHVZLWKLQWKHLURUJDQL]DWLRQV 3OHDVHVHHWKH(VWDWHV/HJDO5HSUHVHQWDWLYHVDQG6SRXVHVSURYLVLRQRIWKLVHQGRUVHPHQWIRUDGGLWLRQDO FRYHUDJHDQGUHVWULFWLRQVDSSOLFDEOHWRVSRXVHVRIQDWXUDOSHUVRQLQVXUHGV ) (VWDWHV/HJDO5HSUHVHQWDWLYHVDQG6SRXVHV
7KHHVWDWHVKHLUVOHJDO UHSUHVHQWDWLYHVDQGVSRXVHVRIDQ\QDWXUDOSHUVRQLQVXUHG VKDOODOVREHLQVXUHGXQGHU WKLVSROLF\
SURYLGHGKRZHYHUFRYHUDJHLVDIIRUGHGWRVXFKHVWDWHVKHLUVOHJDOUHSUHVHQWDWLYHVDQGVSRXVHVRQO\ IRUFODLPVDULVLQJVROHO\RXWRIWKHLUFDSDFLW\DVVXFKDQGLQWKHFDVHRIDVSRXVHZKHUHVXFKFODLPVHHNV GDPDJHVIURP PDULWDO FRPPRQ SURSHUW\ MRLQWO\ KHOG SURSHUW\ RU SURSHUW\WUDQVIHUUHGIURP VXFK QDWXUDO SHUVRQ LQVXUHG WR VXFK VSRXVH 1R FRYHUDJH LV SURYLGHG IRU DQ\ DFW HUURU RU RPLVVLRQ RI DQ HVWDWH KHLU OHJDO UHSUHVHQWDWLYHRUVSRXVHRXWVLGHWKHVFRSHRIVXFKSHUVRQ VFDSDFLW\DVVXFKSURYLGHGKRZHYHUWKDWWKHVSRXVH
RIDQDWXUDOSHUVRQ1DPHG,QVXUHGDQGWKHVSRXVHVRIPHPEHUVRUSDUWQHUVRIMRLQWYHQWXUHRUSDUWQHUVKLS 1DPHG,QVXUHGVDUHLQVXUHGVZLWKUHVSHFWWRVXFKVSRXVHV DFWVHUURUVRURPLVVLRQVLQWKHFRQGXFWRIWKH1DPHG ,QVXUHG
VEXVLQHVV
* %ODQNHW:DLYHURI6XEURJDWLRQ
7KHFRQGLWLRQHQWLWOHG7UDQVIHURI5LJKWVRI5HFRYHU\$JDLQVW2WKHUV7R8VRIWKH%86,1(662:1(56 &2002132/,&<&21',7,216LVDPHQGHGWRGHOHWHSDUDJUDSKDQGUHSODFHLWZLWKWKHIROORZLQJ
:HZDLYHDQ\ULJKWRIUHFRYHU\ZHPD\KDYHDJDLQVWDQ\SHUVRQRURUJDQL]DWLRQDJDLQVWZKRP\RXKDYH DJUHHGWRZDLYHVXFKULJKWRIUHFRYHU\LQDZULWWHQFRQWUDFWRUDJUHHPHQWEHFDXVHRISD\PHQWVZHPDNHIRU LQMXU\RUGDPDJHDULVLQJRXWRI\RXURQJRLQJRSHUDWLRQVRU\RXUZRUNGRQHXQGHUDFRQWUDFWZLWKWKDWSHUVRQ RURUJDQL]DWLRQDQGLQFOXGHGZLWKLQWKHSURGXFWVFRPSOHWHGRSHUDWLRQVKD]DUG 6%'
3DJHRI
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 6%'
(G
&RS\ULJKW&1$ $OO5LJKWV5HVHUYHG
3ROLF\
$PHQGPHQW$JJUHJDWH/LPLWVRI,QVXUDQFH
3HU3URMHFW
$ )RUDOOVXPVZKLFKWKHLQVXUHGEHFRPHVOHJDOO\REOLJDWHGWRSD\DVGDPDJHVFDXVHGE\RFFXUUHQFHVXQGHU &RYHUDJH$DQGIRUDOOPHGLFDOH[SHQVHVFDXVHGE\DFFLGHQWVXQGHU&RYHUDJH $ZKLFKFDQEHDWWULEXWHG RQO\WRRQJRLQJRSHUDWLRQVDWDVLQJOHFRQVWUXFWLRQSURMHFW
$ VHSDUDWH &RQVWUXFWLRQ 3URMHFW *HQHUDO $JJUHJDWH OLPLW DSSOLHV WR HDFK FRQVWUXFWLRQ SURMHFW 7KH &RQVWUXFWLRQ3URMHFW*HQHUDO$JJUHJDWHOLPLWLVHTXDOWRWKHDPRXQWRIWKH*HQHUDO$JJUHJDWHOLPLWVKRZQLQ WKH'HFODUDWLRQV
7KH&RQVWUXFWLRQ3URMHFW*HQHUDO$JJUHJDWHOLPLWLVWKHPRVWZHZLOOSD\IRUWKHVXPRIDOOGDPDJHVSD\DEOH XQGHU&RYHUDJH$H[FHSWGDPDJHVEHFDXVHRIERGLO\LQMXU\RUSURSHUW\GDPDJHLQFOXGHGLQWKH SURGXFWVFRPSOHWHGRSHUDWLRQVKD]DUGDQGIRUPHGLFDOH[SHQVHVSD\DEOHXQGHU&RYHUDJH$UHJDUGOHVV RIWKHQXPEHURI
D ,QVXUHGV
E &ODLPVPDGHRUVXLWVEURXJKW
RU
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
% $OO
'DPDJHVEHFDXVHRISHUVRQDODQGDGYHUWLVLQJLQMXU\UHJDUGOHVVRIWKHQXPEHURIFRQVWUXFWLRQSURMHFWV
LQYROYHG
'DPDJHV XQGHU &RYHUDJH $ ZKLFK FDQQRW EH DWWULEXWHG VROHO\ WR RQJRLQJ RSHUDWLRQV DW D VLQJOH FRQVWUXFWLRQ SURMHFW H[FHSW GDPDJHV EHFDXVH RI ERGLO\ LQMXU\ RU SURSHUW\ GDPDJH LQFOXGHG LQWKH SURGXFWVFRPSOHWHGRSHUDWLRQVKD]DUG
DQG
0HGLFDOH[SHQVHVXQGHU&RYHUDJH$FDXVHGE\DFFLGHQWVZKLFKFDQQRWEHDWWULEXWHGVROHO\WRRQJRLQJ RSHUDWLRQVDWDVLQJOHFRQVWUXFWLRQSURMHFW
ZLOOUHGXFHWKH*HQHUDO$JJUHJDWH/LPLWVKRZQLQWKH'HFODUDWLRQVDQGVKDOOQRWUHGXFHDQ\&RQVWUXFWLRQ3URMHFW *HQHUDO$JJUHJDWH/LPLW
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
( 7KHSURYLVLRQVRIWKH/LPLWV2I,QVXUDQFHVHFWLRQQRWRWKHUZLVHPRGLILHGE\WKLVHQGRUVHPHQWVKDOOFRQWLQXHWR DSSO\DVVWLSXODWHG
6%'
3DJH
RI
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 6%'
(G
&RS\ULJKW&1$ $OO5LJKWV5HVHUYHG
3ROLF\
%URDG.QRZOHGJH1RWLFHRI2FFXUUHQFH
8QGHU%XVLQHVVRZQHUV/LDELOLW\&RQGLWLRQVWKHFRQGLWLRQHQWLWOHG'XWLHVLQ7KH(YHQWRI2FFXUUHQFH2IIHQVH &ODLPRU6XLWLVDPHQGHGWRDGGWKHIROORZLQJSURYLVLRQV
$ %52$'.12:/('*(2)2&&855(1&(
<RXPXVWJLYHXVRURXUDXWKRUL]HGUHSUHVHQWDWLYHQRWLFHRIDQRFFXUUHQFHRIIHQVHFODLPRUVXLWRQO\ZKHQWKH RFFXUUHQFHRIIHQVHFODLPRUVXLWLVNQRZQWRDQDWXUDOSHUVRQ1DPHG,QVXUHGWRDSDUWQHUH[HFXWLYHRIILFHU PDQDJHURUPHPEHURID1DPHG,QVXUHGRUWRDQHPSOR\HHGHVLJQDWHGE\DQ\RIWKHDERYHWRJLYHVXFKQRWLFH % 127,&(2)2&&855(1&(
<RXUULJKWVXQGHUWKLV&RYHUDJH3DUWZLOOQRWEHSUHMXGLFHGLI\RXIDLOWRJLYHXVQRWLFHRIDQRFFXUUHQFHRIIHQVH FODLPRUVXLWDQGWKDWIDLOXUHLVVROHO\GXHWR\RXUUHDVRQDEOHEHOLHIWKDWWKHERGLO\LQMXU\RUSURSHUW\GDPDJH LVQRWFRYHUHGXQGHUWKLV&RYHUDJH3DUW+RZHYHU\RXVKDOOJLYHZULWWHQQRWLFHRIVXFKRFFXUUHQFHRIIHQVH FODLPRUVXLWWRXVDVVRRQDV\RXDUHDZDUHWKDWWKLVLQVXUDQFHPD\DSSO\WRVXFKRFFXUUHQFHRIIHQVHFODLP RUVXLW
([WHQGHG%RGLO\,QMXU\
8QGHU/LDELOLW\$QG0HGLFDO([SHQVHV'HILQLWLRQVWKHGHILQLWLRQRI%RGLO\LQMXU\LVGHOHWHGDQGUHSODFHGZLWKWKH
IROORZLQJ
%RGLO\,QMXU\PHDQVSK\VLFDOLQMXU\VLFNQHVVRUGLVHDVHVXVWDLQHGE\DSHUVRQLQFOXGLQJGHDWKKXPLOLDWLRQVKRFN PHQWDOLQMXU\RUPHQWDODQJXLVKVXVWDLQHGE\WKDWSHUVRQDWDQ\WLPHZKLFKUHVXOWVDVDFRQVHTXHQFHRIWKHSK\VLFDO LQMXU\VLFNQHVVRUGLVHDVH
&RQWUDFWXDO/LDELOLW\±5DLOURDGV
8QGHU/LDELOLW\$QG0HGLFDO([SHQVHV'HILQLWLRQVDQGZLWKUHVSHFWRQO\WRRSHUDWLRQVSHUIRUPHGZLWKLQIHHWRI UDLOURDGSURSHUW\WKHGHILQLWLRQRILQVXUHGFRQWUDFWLVGHOHWHGDQGUHSODFHGE\WKHIROORZLQJ
,QVXUHGFRQWUDFWPHDQV
D $ FRQWUDFWIRU D OHDVH RI SUHPLVHV +RZHYHUWKDW SRUWLRQ RIWKH FRQWUDFWIRU D OHDVH RI SUHPLVHVWKDW LQGHPQLILHVDQ\SHUVRQRURUJDQL]DWLRQIRUGDPDJHE\ILUHWRSUHPLVHVZKLOHUHQWHGWR\RXRUWHPSRUDULO\ RFFXSLHGE\\RXZLWKSHUPLVVLRQRIWKHRZQHULVQRWDQLQVXUHGFRQWUDFW
E $VLGHWUDFNDJUHHPHQW
F $Q\HDVHPHQWRUOLFHQVHDJUHHPHQW
G $QREOLJDWLRQDVUHTXLUHGE\RUGLQDQFHWRLQGHPQLI\DPXQLFLSDOLW\H[FHSWLQFRQQHFWLRQZLWKZRUNIRUD PXQLFLSDOLW\
H $QHOHYDWRUPDLQWHQDQFHDJUHHPHQW
I 7KDWSDUWRIDQ\RWKHUFRQWUDFWRUDJUHHPHQWSHUWDLQLQJWR\RXUEXVLQHVV LQFOXGLQJDQLQGHPQLILFDWLRQRID
PXQLFLSDOLW\LQFRQQHFWLRQZLWKZRUNSHUIRUPHGIRUDPXQLFLSDOLW\ XQGHUZKLFK\RXDVVXPHWKHWRUWOLDELOLW\RI
DQRWKHUSDUW\WRSD\IRUERGLO\LQMXU\RUSURSHUW\GDPDJHWRDWKLUGSHUVRQRURUJDQL]DWLRQ7RUWOLDELOLW\ PHDQVDOLDELOLW\WKDWZRXOGEHLPSRVHGE\ODZLQWKHDEVHQFHRIDQ\FRQWUDFWRUDJUHHPHQW 3DUDJUDSKIGRHVQRWLQFOXGHWKDWSDUWRIDQ\FRQWUDFWRUDJUHHPHQW
7KDWLQGHPQLILHVDQDUFKLWHFWHQJLQHHURUVXUYH\RUIRULQMXU\RUGDPDJHDULVLQJRXWRI
D 3UHSDULQJ DSSURYLQJ RUIDLOLQJWR SUHSDUH RU DSSURYHPDSV VKRS GUDZLQJV RSLQLRQV UHSRUWV VXUYH\VILHOGRUGHUVFKDQJHRUGHUVRUGUDZLQJVDQGVSHFLILFDWLRQV RU
E *LYLQJGLUHFWLRQVRULQVWUXFWLRQVRUIDLOLQJWRJLYHWKHPLIWKDWLVWKHSULPDU\FDXVHRIWKHLQMXU\RU GDPDJH
8QGHUZKLFKWKHLQVXUHGLIDQDUFKLWHFWHQJLQHHURUVXUYH\RUDVVXPHVOLDELOLW\IRUDQLQMXU\RUGDPDJH DULVLQJRXWRIWKHLQVXUHG
VUHQGHULQJRUIDLOXUHWRUHQGHUSURIHVVLRQDOVHUYLFHVLQFOXGLQJWKRVHOLVWHGLQ SDUDJUDSK
DERYHDQGVXSHUYLVRU\LQVSHFWLRQDUFKLWHFWXUDORUHQJLQHHULQJDFWLYLWLHV 6%'
3DJHRI
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 6%'
(G
&RS\ULJKW&1$ $OO5LJKWV5HVHUYHG
3ROLF\
2IILFH3UHPLVHV/LPLWHG3ROOXWLRQ&RYHUDJH
7KLV2IILFH3UHPLVHV/LPLWHG3ROOXWLRQ&RYHUDJHVHFWLRQRIWKH$UFKLWHFWV(QJLQHHUVDQG6XUYH\RUV([WHQVLRQ HQGRUVHPHQW PRGLILHV VHYHUDO SRUWLRQV RI WKH %XVLQHVVRZQHUV /LDELOLW\ &RYHUDJH )RUP 7KHVH PRGLILFDWLRQV DSSO\ RQO\WRWKHFRYHUDJHSURYLGHGE\WKLVVHFWLRQRIWKHHQGRUVHPHQW $ 7KHIROORZLQJSDUDJUDSKLVDGGHGWR6(&7,21$&29(5$*(6
2IILFH3UHPLVHV/LPLWHG3ROOXWLRQ&RYHUDJH
D ,QVXULQJ$JUHHPHQW
:HZLOOSD\WKRVHVXPVWKDWWKHLQVXUHGEHFRPHVOHJDOO\REOLJDWHGWRSD\DVGDPDJHVEHFDXVHRI ERGLO\LQMXU\RUSURSHUW\GDPDJHZKLFKGLUHFWO\UHVXOWVIURPDFRYHUHGSROOXWLRQLQFLGHQWWRZKLFK WKLVLQVXUDQFHDSSOLHV:HZLOOKDYHWKHULJKWDQGGXW\WRGHIHQGDQ\VXLWVHHNLQJWKRVHGDPDJHV HYHQLIDQ\DOOHJDWLRQVRIWKHVXLWDUHJURXQGOHVVIDOVHRUIUDXGXOHQW:HPD\DWRXUGLVFUHWLRQ LQYHVWLJDWHDQ\SROOXWLRQLQFLGHQWDQGVHWWOHDQ\FODLPRUVXLWWKDWPD\UHVXOW%XW
D
7KHDPRXQWZHZLOOSD\IRUGDPDJHVLVOLPLWHGDVGHVFULEHGLQ6(&7,21'/LDELOLW\$QG 0HGLFDO([SHQVHV/LPLWV2I,QVXUDQFHDVDPHQGHGE\WKLVHQGRUVHPHQW DQG
E
2XUULJKWDQGGXW\WRGHIHQGHQGZKHQZHKDYHXVHGXSWKHDSSOLFDEOHOLPLWRILQVXUDQFHLQWKH SD\PHQWRIMXGJPHQWVRUVHWWOHPHQWV
F
:HKDYHQRGXW\WRGHIHQGVXLWVVHHNLQJGDPDJHVQRWFRYHUHGE\WKLVHQGRUVHPHQW 1RRWKHUREOLJDWLRQRUOLDELOLW\WRSD\VXPVRUSHUIRUPDFWVRUVHUYLFHVLVFRYHUHGXQOHVVH[SOLFLWO\ SURYLGHGIRUXQGHUSDUDJUDSKH&RYHUDJH([WHQVLRQ±6XSSOHPHQWDU\3D\PHQWVRI6(&7,21 $DVDPHQGHGE\WKLVVHFWLRQRIWKHHQGRUVHPHQW
:HZLOODOVRUHLPEXUVH\RXIRUSUHYHQWLYHUHPHGLDOH[SHQVHWKDWGLUHFWO\UHVXOWVIURPDFRYHUHG SROOXWLRQLQFLGHQWWRZKLFKWKLVLQVXUDQFHDSSOLHV
:HZLOO UHLPEXUVH\RXXSWRSHUDQQXDOSROLF\SHULRGIRUDOO SUHYHQWLYH UHPHGLDOH[SHQVH GLUHFWO\UHVXOWLQJIURPDOOFRYHUHGSROOXWLRQLQFLGHQWVVXEMHFWWRDGHGXFWLEOHRISHUFRYHUHG SROOXWLRQLQFLGHQW7KLVDQQXDOOLPLWLVLQDGGLWLRQWRWKHSHULQFLGHQWGHGXFWLEOHDQGLVLQDGGLWLRQWR WKH3ROOXWLRQ /LDELOLW\$JJUHJDWH /LPLW GHVFULEHG LQ6(&7,21 ' /LDELOLW\ $QG 0HGLFDO ([SHQVHV /LPLWV2I,QVXUDQFHDVDPHQGHGE\WKLVHQGRUVHPHQW
7KLV SUHYHQWLYH UHPHGLDO H[SHQVH FRYHUDJH GRHV QRW DSSO\WR H[SHQVHVWKDW DUH FRYHUHG E\ DQ\ RWKHULQVXUDQFHDYDLODEOHWRWKHLQVXUHG
7KLVLQVXUDQFHDSSOLHVWRERGLO\LQMXU\SURSHUW\GDPDJHRU SUHYHQWLYHUHPHGLDOH[SHQVHDWRQ RUIURP\RXURIILFHSUHPLVHVRQO\LI
D
7KHERGLO\LQMXU\GLUHFWO\UHVXOWVIURPDSROOXWLRQLQFLGHQWWKDWKDSSHQVHQWLUHO\DERYHJURXQG DWRUIURP\RXURIILFHSUHPLVHV
RU
E
7KHSURSHUW\GDPDJHRFFXUVRIIRI\RXURIILFHSUHPLVHVDQGGLUHFWO\UHVXOWVIURPDSROOXWLRQ LQFLGHQWWKDWKDSSHQVHQWLUHO\DERYHJURXQGDWRUIURP\RXURIILFHSUHPLVHV RU
F
7KH SUHYHQWLYH UHPHGLDOH[SHQVHGLUHFWO\ UHVXOWVIURPD SROOXWLRQLQFLGHQWWKDWKDSSHQV HQWLUHO\DERYHJURXQGRQ\RXURIILFHSUHPLVHVDQGGRHVQRWUHVXOWLQDQ\FRYHUHGERGLO\LQMXU\ RUSURSHUW\GDPDJH
DQG
G
7KHSROOXWLRQLQFLGHQW
L
LVGHPRQVWUDEOHDVFRPPHQFLQJDQGHQGLQJZLWKLQKRXUV
LL
LVDFFLGHQWDO
LLL
FRPPHQFHVGXULQJWKHSROLF\SHULRG
DQG
LY
KDSSHQVLQWKHFRYHUDJHWHUULWRU\
6%'
3DJHRI
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 6%'
(G
&RS\ULJKW&1$ $OO5LJKWV5HVHUYHG
3ROLF\
&RPPHQFHVGXULQJWKHSROLF\SHULRGPHDQVWKDWWKHILUVWHPLVVLRQGLVFKDUJHUHOHDVHRUHVFDSHRI WKH SROOXWDQW RU SROOXWDQWV IURP ZKLFK WKH ERGLO\ LQMXU\ RU SURSHUW\ GDPDJH DULVHV LV GHPRQVWUDEOHDVKDYLQJRFFXUUHGGXULQJWKLVSROLF\SHULRG
$OOERGLO\LQMXU\RUSURSHUW\GDPDJHUHVXOWLQJIURPRQHSROOXWLRQLQFLGHQWVKDOOEHGHHPHGWR KDYHRFFXUUHGRQO\DWWKHFRPPHQFHPHQWGDWHRIWKHFRYHUHGSROOXWLRQLQFLGHQW
7KHLQVXUHG
VUHVSRQVLELOLW\WRSD\GDPDJHVEHFDXVHRIERGLO\LQMXU\RUSURSHUW\GDPDJHPXVWEH GHWHUPLQHGLQDVXLWRQWKHPHULWVLQWKHFRYHUDJHWHUULWRU\RULQDVHWWOHPHQWZHDJUHHWR
'DPDJHVEHFDXVHRIERGLO\LQMXU\LQFOXGHGDPDJHVFODLPHGE\DQ\SHUVRQRURUJDQL]DWLRQIRUFDUH ORVVRIVHUYLFHVRUGHDWKUHVXOWLQJIURPWKHERGLO\LQMXU\ % 6(&7,21%(;&/86,216LVGHOHWHGDQGUHSODFHGE\WKHIROORZLQJ
7KLVLQVXUDQFHGRHVQRWDSSO\WR
D %RGLO\LQMXU\SURSHUW\GDPDJHRUSUHYHQWLYHUHPHGLDOH[SHQVHH[SHFWHGRUUHDVRQDEO\IRUHVHHDEOHIURP WKHVWDQGSRLQWRIWKHLQVXUHG
E %RGLO\LQMXU\SURSHUW\GDPDJHRUSUHYHQWLYHUHPHGLDOH[SHQVHDULVLQJRXWRIDSROOXWLRQLQFLGHQWZKLFK LVDUHSHDWRUUHVXPSWLRQRIDSUHYLRXVSROOXWLRQLQFLGHQWLQYROYLQJWKHVDPHSROOXWDQWIURPHVVHQWLDOO\WKH VDPHVRXUFHZLWKLQWKHSUHYLRXVWZHOYH
PRQWKVDWWKHVDPHSUHPLVHV
F %RGLO\LQMXU\RUSURSHUW\GDPDJHIRUZKLFKWKHLQVXUHGLVREOLJDWHGWRSD\GDPDJHVE\UHDVRQRIWKH DVVXPSWLRQRIOLDELOLW\LQDFRQWUDFWRUDJUHHPHQW7KLVH[FOXVLRQGRHVQRWDSSO\WROLDELOLW\IRUGDPDJHVWKDW WKHLQVXUHGZRXOGKDYHLQWKHDEVHQFHRIWKHFRQWUDFWRUDJUHHPHQW G $Q\ REOLJDWLRQ RI WKH LQVXUHG XQGHU D ZRUNHUV FRPSHQVDWLRQ GLVDELOLW\ EHQHILWV RU XQHPSOR\PHQW FRPSHQVDWLRQODZRUDQ\VLPLODUODZ
H %RGLO\LQMXU\WR
$QHPSOR\HHRIWKHLQVXUHGDULVLQJRXWRIDQGLQWKHFRXUVHRI
L
HPSOR\PHQWE\WKHLQVXUHG
RU
LL
SHUIRUPLQJGXWLHVUHODWHGWRWKHFRQGXFWRIWKHLQVXUHG VEXVLQHVV
7KHVSRXVHFKLOGSDUHQWEURWKHURUVLVWHURIWKDWHPSOR\HHDVDFRQVHTXHQFHRI
DERYH
7KLVH[FOXVLRQDSSOLHV
:KHWKHUWKHLQVXUHGPD\EHOLDEOHDVDQHPSOR\HURULQDQ\RWKHUFDSDFLW\ DQG
7RDQ\REOLJDWLRQWRVKDUHGDPDJHVZLWKRUUHSD\VRPHRQHHOVHZKRPXVWSD\GDPDJHVEHFDXVHRIWKH LQMXU\
I 3URSHUW\GDPDJHWR
$ZDVWHIDFLOLW\WRZKLFKZDVWHIURPWKHRSHUDWLRQVRIDQLQVXUHGLVFRQVLJQHG
3URSHUW\\RXRZQUHQWRURFFXS\QRZRUDWDQ\WLPHLQWKHSDVW
3UHPLVHV\RXVHOOJLYHDZD\RUDEDQGRQLIWKHSURSHUW\GDPDJHDULVHVRXWRIDQ\SDUWRIWKRVH
SUHPLVHV
3URSHUW\ORDQHGWRDQLQVXUHG
RU
3HUVRQDOSURSHUW\LQFDUHFXVWRG\RUFRQWURORIDQLQVXUHG 3DUDJUDSK
RIWKLVH[FOXVLRQIGRHVQRWDSSO\WRSUHYHQWLYHUHPHGLDOH[SHQVHDWSURSHUW\\RXRZQUHQWRU RFFXS\QRZ
J %RGLO\LQMXU\DWRUIURPDZDVWHIDFLOLW\WRZKLFKZDVWHIURPWKHRSHUDWLRQRIDQLQVXUHGLVFRQVLJQHG K %RGLO\LQMXU\ SURSHUW\GDPDJHRU SUHYHQWLYH UHPHGLDOH[SHQVHDULVLQJRXWRIDSROOXWLRQLQFLGHQWDWRU IURPDZDVWHIDFLOLW\ZKLFKLVRQ\RXURIILFHSUHPLVHV 6%'
3DJHRI
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 6%'
(G
&RS\ULJKW&1$ $OO5LJKWV5HVHUYHG
3ROLF\
L %RGLO\LQMXU\RUSURSHUW\GDPDJHLQFOXGHGZLWKLQWKHSURGXFWVFRPSOHWHGRSHUDWLRQVKD]DUG M %RGLO\LQMXU\RUSURSHUW\GDPDJHDULVLQJRXWRIWKHRZQHUVKLSRURSHUDWLRQRIDQ\RIIVKRUHIDFLOLW\DV GHILQHGLQWKH2XWHU&RQWLQHQWDO6KHOI/DQGV$FW$PHQGPHQWRI RUWKH&OHDQ:DWHU$FWRI
DV
DPHQGHG
RUDQ\GHHSZDWHUSRUWDVGHILQHGLQWKH'HHSZDWHU3RUW$FWRI DVDPHQGHGRUDVPD\
EHDPHQGHG
N %RGLO\LQMXU\RUSURSHUW\GDPDJHDULVLQJRXWRIKHDWVPRNHRUIXPHVIURPDKRVWLOHILUHDWDQ\SUHPLVHV VLWHRUORFDWLRQZKLFKLVRUZDVDWDQ\WLPHRZQHGRURFFXSLHGE\RUUHQWHGRUORDQHGWRDQ\LQVXUHG $VXVHGLQWKLVH[FOXVLRQDKRVWLOHILUHPHDQVRQHZKLFKEHFRPHVXQFRQWUROODEOHRUEUHDNVRXWIURPZKHUHLW ZDVLQWHQGHGWREH
O %RGLO\LQMXU\RUSURSHUW\GDPDJHDULVLQJRXWRIWKHRZQHUVKLSPDLQWHQDQFHXVHRUHQWUXVWPHQWWRRWKHUV RIDQ\DLUFUDIWDXWRUROOLQJVWRFNRUZDWHUFUDIWRZQHGRURSHUDWHGE\RUUHQWHGRUORDQHGWRDQ\LQVXUHG8VH LQFOXGHVRSHUDWLRQDQGORDGLQJRUXQORDGLQJ
7KLVH[FOXVLRQGRHVQRWDSSO\WRERGLO\LQMXU\RUSURSHUW\GDPDJHDULVLQJRXWRISDUNLQJDQDXWRRQRURQ WKHZD\VQH[WWRSUHPLVHV\RXRZQRUUHQWSURYLGHGWKHDXWRLVQRWRZQHGE\RUUHQWHGRUORDQHGWR\RXRU WKHLQVXUHG
P %RGLO\LQMXU\RUSURSHUW\GDPDJHDULVLQJRXWRIWKHHPLVVLRQGLVFKDUJHUHOHDVHRUHVFDSHRIGULOOLQJIOXLG RLOJDVRURWKHUIOXLGVIURPDQ\RLOJDVPLQHUDOZDWHURUJHRWKHUPDOZHOO Q %RGLO\LQMXU\SURSHUW\GDPDJHRUSUHYHQWLYHUHPHGLDOH[SHQVHDULVLQJRXWRIDSROOXWLRQLQFLGHQWZKLFK UHVXOWVIURPRULVGLUHFWO\RULQGLUHFWO\DWWULEXWDEOHWRIDLOXUHWRFRPSO\ZLWKDQ\DSSOLFDEOHVWDWXWHUHJXODWLRQ RUGLQDQFH GLUHFWLYH RU RUGHU UHODWLQJ WR WKH SURWHFWLRQ RI WKH HQYLURQPHQW DQG SURPXOJDWHG E\ DQ\ JRYHUQPHQWDOERG\SURYLGHGWKDWIDLOXUHWRFRPSO\LVDZLOOIXORUGHOLEHUDWHDFWRURPLVVLRQRI
7KHLQVXUHG
RU
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
$VXVHGLQWKLVH[FOXVLRQ
+D]DUGRXVSURSHUWLHVLQFOXGHVUDGLRDFWLYHWR[LFRUH[SORVLYHSURSHUWLHV
1XFOHDUPDWHULDOPHDQVVRXUFHPDWHULDOVSHFLDOQXFOHDUPDWHULDORUE\SURGXFWPDWHULDO
6RXUFHPDWHULDOVSHFLDOQXFOHDUPDWHULDODQGE\SURGXFWPDWHULDOKDYHWKHPHDQLQJVJLYHQWKHPLQWKH $WRPLF(QHUJ\$FWRI
RULQDQ\ODZDPHQGDWRU\WKHUHRI
V %RGLO\LQMXU\ SURSHUW\GDPDJHRU SUHYHQWLYH UHPHGLDOH[SHQVHDULVLQJRXWRID SROOXWLRQLQFLGHQWIURP DQ\LQVXUHG
VSUHPLVHVWKDWZDVXVHGE\WKDWLQVXUHGIRUWKHVWRUDJHGLVSRVDOSURFHVVLQJRUWUHDWPHQWRI ZDVWHPDWHULDOVDQGZDV
6HDOHGRIIFORVHGDEDQGRQHGRUDOLHQDWHGSULRUWRWKHHIIHFWLYHGDWHRIWKLVSROLF\ RU
6HDOHGRIIRUFORVHGVXEMHFWWRVWDWXWHRUGLQDQFHRUJRYHUQPHQWDO UHJXODWLRQRUGLUHFWLYH UHTXLULQJ PDLQWHQDQFHRUPRQLWRULQJGXULQJRUDIWHUVHDOLQJRIIRUFORVXUH W %RGLO\LQMXU\SURSHUW\GDPDJHRUSUHYHQWLYHUHPHGLDOH[SHQVHDULVLQJRXWRIZDVWHGHULYHGIURPPHGLFDO VHUYLFHVSURFHGXUHVWHVWLQJRUUHVHDUFKDQGZKLFKFRXOGSRWHQWLDOO\WUDQVPLWGLVHDVH 6%'
3DJHRI
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 6%'
(G
&RS\ULJKW&1$ $OO5LJKWV5HVHUYHG
3ROLF\
X $Q\PXOWLSOHGDPDJHVSXQLWLYHRUH[HPSODU\GDPDJHVRUILQHVRUSHQDOWLHV+RZHYHULIDVXLWLVEURXJKW DJDLQVWWKHLQVXUHGZLWKUHVSHFWWRDFODLPIRUDFWVRUDOOHJHGDFWVIDOOLQJZLWKLQWKHFRYHUDJHKHUHRIVHHNLQJ ERWKFRPSHQVDWRU\DQGSXQLWLYHRUH[HPSODU\GDPDJHVWKHQZHZLOODIIRUGDGHIHQVHWRVXFKDFWLRQ ZLWKRXWOLDELOLW\IRUVXFKSXQLWLYHRUH[HPSODU\GDPDJHV 7KLVH[FOXVLRQGRHVQRWDSSO\WRVXLWVEURXJKWLQWKHVWDWHRI7H[DV Y %RGLO\LQMXU\SURSHUW\GDPDJHRUSUHYHQWLYHUHPHGLDOH[SHQVHDULVLQJRXWRI
WKHDFWXDODOOHJHGRUWKUHDWHQHGH[SRVXUHDWDQ\WLPHWRDVEHVWRVRUDQ\ORVVFRVWRUH[SHQVHWKDWPD\ EHDZDUGHGRULQFXUUHGE\UHDVRQRIDFODLPRUVXLWIRUVXFKLQMXU\RUGDPDJH RU
FRPSO\LQJZLWKDJRYHUQPHQWDOGLUHFWLRQRUUHTXHVWWRWHVWIRUPRQLWRUFOHDQXSUHPRYHFRQWDLQRU GLVSRVHRIDVEHVWRV
$VEHVWRVPHDQVWKHPLQHUDOLQDQ\IRUPZKHWKHURUQRWWKHDVEHVWRVZDVDWDQ\WLPH
$LUERUQHDVDILEHUSDUWLFOHRUGXVW
&RQWDLQHGLQRUIRUPHGDSDUWRIDSURGXFWVWUXFWXUHRURWKHUUHDORUSHUVRQDOSURSHUW\
&DUULHGRQFORWKLQJ
,QKDOHGRULQJHVWHG
RU
7UDQVPLWWHGE\DQ\RWKHUPHDQV
Z %RGLO\LQMXU\RUSURSHUW\GDPDJHDULVLQJRXWRI
7KHWUDQVSRUWDWLRQRIPRELOHHTXLSPHQWE\DXWRRZQHGRURSHUDWHGE\RUUHQWHGRUORDQHGWRDQ\
LQVXUHG
RU
7KHXVHRIPRELOHHTXLSPHQWLQRUZKLOHLQSUDFWLFHRUSUHSDUDWLRQIRUDSUHDUUDQJHGUDFLQJVSHHGRU GHPROLWLRQFRQWHVWRULQDQ\VWXQWLQJDFWLYLW\
[ $Q\ORVVFRVWRUH[SHQVHDULVLQJRXWRIDQ\
5HTXHVWGHPDQGRUGHURUVWDWXWRU\RUUHJXODWRU\UHTXLUHPHQWWKDWDQ\LQVXUHGRURWKHUVWHVWIRUPRQLWRU FOHDQXSUHPRYHFRQWDLQWUHDWGHWR[LI\RUQHXWUDOL]HRULQDQ\ZD\UHVSRQGWRRUDVVHVVWKHHIIHFWVRI SROOXWDQWV
RU
&ODLPRUVXLWE\RURQEHKDOIRIDJRYHUQPHQWDODXWKRULW\IRUGDPDJHVEHFDXVHRIWHVWLQJIRUPRQLWRULQJ FOHDQLQJXSUHPRYLQJFRQWDLQLQJWUHDWLQJGHWR[LI\LQJRUQHXWUDOL]LQJRULQDQ\ZD\UHVSRQGLQJWRRU DVVHVVLQJWKHHIIHFWVRISROOXWDQWV
+RZHYHUWKLVH[FOXVLRQGRHVQRWDSSO\WROLDELOLW\IRUGDPDJHVEHFDXVHRISURSHUW\GDPDJHWKDWLVQRW RWKHUZLVH H[FOXGHG E\ WKLV FRYHUDJH 2IILFH 3UHPLVHV /LPLWHG 3ROOXWLRQ &RYHUDJH XQOHVV WKH UHTXHVW GHPDQG RUGHU RU VWDWXWRU\ RU UHJXODWRU\ UHTXLUHPHQW RU FODLP RU VXLW LV VROHO\ E\ RU RQ EHKDOI RI D JRYHUQPHQWDODXWKRULW\
& 3DUDJUDSKE
RI0HGLFDO([SHQVHVRI6(&7,21$&RYHUDJHVLVGHOHWHGDQGUHSODFHGE\WKHIROORZLQJ
([SHQVHVLQFXUUHGE\WKHLQVXUHGIRUILUVWDLGWRRWKHUVDWWKHWLPHRIDSROOXWLRQLQFLGHQWIRUERGLO\LQMXU\WR ZKLFKWKLVLQVXUDQFHDSSOLHV
' 6(&7,21&:+2,6$1,1685('LVDPHQGHGDVIROORZV
7KHIROORZLQJVXESDUDJUDSKGLVDGGHGWRSDUDJUDSKRI6(&7,21&:+2,6$1,1685('
G&RYHUDJH2IILFH3UHPLVHV/LPLWHG3ROOXWLRQ&RYHUDJHGRHVQRWDSSO\WRERGLO\LQMXU\RUSURSHUW\ GDPDJHDULVLQJRXWRISROOXWLRQLQFLGHQWVWKDWRFFXUUHGEHIRUH\RXDFTXLUHGRUIRUPHGWKHRUJDQL]DWLRQ 7KHIROORZLQJDGGLWLRQDOSDUDJUDSKLVDGGHGDWWKHHQGRI6(&7,21&:+2,6$1,1685('
1RSHUVRQRURUJDQL]DWLRQLGHQWLILHGDVDQLQVXUHGRQDQ\HQGRUVHPHQWQRZRUKHUHDIWHUDWWDFKHGWRWKLV &RYHUDJH3DUWLVDQLQVXUHGZLWKUHVSHFWWR&29(5$*(2IILFH3UHPLVHV/LPLWHG3ROOXWLRQ&RYHUDJH XQOHVVWKDWHQGRUVHPHQWVSHFLILFDOO\UHIHUHQFHV2IILFH3UHPLVHV/LPLWHG3ROOXWLRQ&RYHUDJHE\QDPH 6%'
3DJHRI
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 6%'
(G
&RS\ULJKW&1$ $OO5LJKWV5HVHUYHG
( 6(&7,21'/LDELOLW\$QG0HGLFDO([SHQVHV/LPLWV2I,QVXUDQFHLVGHOHWHGDQGUHSODFHGE\WKHIROORZLQJ
/,0,762),1685$1&(
7KH/LPLWVRI,QVXUDQFHGHVFULEHGLQWKLVHQGRUVHPHQW V6FKHGXOHRI/LPLWVIRU2IILFH3UHPLVHV/LPLWHG
3ROOXWLRQ&RYHUDJHDQGWKHUXOHVEHORZIL[WKHPRVWZHZLOOSD\UHJDUGOHVVRIWKHQXPEHURI
D ,QVXUHGV
E &ODLPVPDGHRUVXLWVEURXJKW
RU
F 3HUVRQVRURUJDQL]DWLRQVPDNLQJFODLPVRUEULQJLQJVXLWV 7KH3ROOXWLRQ/LDELOLW\$JJUHJDWH/LPLWLVWKHPRVWZHZLOOSD\IRUDOOGDPDJHVEHFDXVHRIDOOERGLO\LQMXU\ DQGSURSHUW\GDPDJHGLUHFWO\UHVXOWLQJIURPDOOSROOXWLRQLQFLGHQWVWRZKLFK2IILFH3UHPLVHV/LPLWHG 3ROOXWLRQ&RYHUDJHDSSOLHV
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
) 6(&7,21(%86,1(662:1(56*(1(5$//,$%,/,7<&21',7,216LVDPHQGHGDVIROORZV
&RQGLWLRQDLVUHSODFHGE\WKHIROORZLQJ
'XWLHV,Q7KH(YHQWRI3ROOXWLRQ,QFLGHQW&ODLPRU6XLW D <RXPXVWVHHWRLWWKDWZHDUHQRWLILHGDVVRRQDVSUDFWLFDEOHRIDSROOXWLRQLQFLGHQWWKDWPD\UHVXOW LQDFODLP7RWKHH[WHQWSRVVLEOHQRWLFHVKRXOGLQFOXGH
+RZZKHQDQGZKHUHWKHSROOXWLRQLQFLGHQWWRRNSODFH
7KHQDPHVDQGDGGUHVVHVRIDQ\LQMXUHGSHUVRQVDQGZLWQHVVHV DQG
7KHQDWXUHDQGORFDWLRQRIDQ\UHOHDVHDQGRIDQ\LQMXU\RUGDPDJHDULVLQJRXWRIWKHSROOXWLRQ LQFLGHQW
7KHIROORZLQJ&RQGLWLRQLVDGGHG
5HPHGLDWLRQRI,QVXUHG
V3UHPLVHV
D ([FHSW IRU SUHYHQWLYH UHPHGLDO H[SHQVH DV GHVFULEHG LQ SDUDJUDSK D
RI 6(&7,21 $
&29(5$*(6WKLVSROLF\
V2IILFH3UHPLVHV/LPLWHG3ROOXWLRQ&RYHUDJHGRHVQ
WSURYLGHFRYHUDJHIRU
FOHDQXSRI\RXUSUHPLVHV,IDSROOXWLRQLQFLGHQWKDSSHQVRQ\RXUSUHPLVHVWKDWSRVHVLPPLQHQWDQG VXEVWDQWLDOGDQJHURIERGLO\LQMXU\RUSURSHUW\GDPDJHWRZKLFKWKLVLQVXUDQFHDSSOLHV\RXPXVW SURPSWO\WDNHDW\RXURZQH[SHQVHDOOUHDVRQDEOHVWHSVWRFXUWDLORUSUHYHQWFRYHUHGERGLO\LQMXU\RU SURSHUW\GDPDJHIURPKDSSHQLQJ
E ,ILQGHILDQFHRIWKHLQWHQWRIWKLVSROLF\ZHDUHHYHUFRPSHOOHGE\FRXUWRUJRYHUQPHQWDORUGHUWRSD\WR FOHDQXSSDUWRUDOORI\RXUSUHPLVHV\RXDJUHHWRUHLPEXUVHXVIRUDOOVXFKFRVWV 6%'
3DJHRI
3ROLF\
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 6%'
(G
&RS\ULJKW&1$ $OO5LJKWV5HVHUYHG
3ROLF\
* 6(&7,21 +27+(5 ,1685$1&(RI WKH %XVLQHVVRZQHUV &RPPRQ 3ROLF\ &RQGLWLRQV LV DPHQGHG WR DGG WKH IROORZLQJSDUDJUDSK
7KLVFRQGLWLRQGRHVQRWDSSO\WRFRYHUDJHDIIRUGHGXQGHU,QVXULQJ$JUHHPHQWD
RI&RYHUDJH2IILFH
3UHPLVHV/LPLWHG3ROOXWLRQ&RYHUDJH
+ 6(&7,21 ) /,$%,/,7< $1' 0(',&$/ (;3(16(6 '(),1,7,216 LV DPHQGHG WR LQFOXGH WKH IROORZLQJ
GHILQLWLRQV
&RPPHQFHVGXULQJWKHSROLF\SHULRGPHDQVWKDWWKHILUVWHPLVVLRQGLVFKDUJHUHOHDVHRUHVFDSHRIWKH SROOXWDQWRUSROOXWDQWVIURPZKLFKWKHERGLO\LQMXU\RUSURSHUW\GDPDJHDULVHVLVGHPRQVWUDEOHDVKDYLQJ RFFXUUHGGXULQJWKLVSROLF\SHULRG
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
:DVWH IDFLOLW\PHDQVDQ\VLWHWRZKLFKZDVWHLVGHOLYHUHGIRUVWRUDJHGLVSRVDOSURFHVVLQJRUWUHDWPHQW ZKHWKHURUQRWVXFKVLWHLVOLFHQVHGE\DJRYHUQPHQWDODXWKRULW\WRSHUIRUPVXFKVWRUDJHGLVSRVDOSURFHVVLQJRU WUHDWPHQW
<RXURIILFHSUHPLVHVPHDQVORFDWLRQV\RXRZQUHQWRURFFXS\IRUJHQHUDORIILFHSXUSRVHV<RXURIILFH SUHPLVHVGRHVQRWPHDQVWRUDJH\DUGVQRUODQGKHOGIRUVSHFXODWLRQRUGHYHORSPHQWHYHQLIVXFK\DUGVRUODQG DGMRLQ\RXURIILFHEXLOGLQJ<RXURIILFHSUHPLVHVGRHVQRWPHDQSUHPLVHV\RXOLYHLQ)RUWKHSXUSRVHRIWKLV GHILQLWLRQORFDWLRQPHDQVSUHPLVHVLQYROYLQJWKHVDPHRUFRQQHFWLQJORWVRUSUHPLVHVZKRVHFRQQHFWLRQLV LQWHUUXSWHGRQO\E\DVWUHHWURDGZD\ZDWHUZD\RUULJKWRIZD\RIDUDLOURDG $OORWKHUWHUPVDQGFRQGLWLRQVRIWKH3ROLF\UHPDLQXQFKDQJHG 6%'
3DJHRI
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 6%
%
(G
&RS\ULJKW&1$ $OO5LJKWV5HVHUYHG
,03257$17
7+,6(1'256(0(17&217$,16'87,(67+$7$33/<727+($'',7,21$/ ,1685(',17+((9(172)2&&855(1&(2))(16(&/$,02568,76((3$5$*5$3+ &2)7+,6(1'256(0(17)257+(6('87,(6
%/$1.(7$'',7,21$/,1685('(1'256(0(17
:,7+352'8&76&203/(7('23(5$7,216&29(5$*(
%/$1.(7:$,9(52)68%52*$7,21
$UFKLWHFWV(QJLQHHUVDQG6XUYH\RUV
7KLVHQGRUVHPHQWPRGLILHVLQVXUDQFHSURYLGHGXQGHUWKHIROORZLQJ
%86,1(662:1(56/,$%,/,7<&29(5$*()250
%86,1(662:1(56&2002132/,&<&21',7,216
$ :KR,V$Q,QVXUHGLVDPHQGHGWRLQFOXGHDVDQLQVXUHGDQ\SHUVRQRURUJDQL]DWLRQZKRP\RXDUHUHTXLUHGWRDGGDV DQDGGLWLRQDOLQVXUHGRQWKLVSROLF\XQGHUDZULWWHQFRQWUDFWRUZULWWHQDJUHHPHQW EXWWKHZULWWHQFRQWUDFWRUZULWWHQ
DJUHHPHQWPXVWEH
&XUUHQWO\LQHIIHFWRUEHFRPLQJHIIHFWLYHGXULQJWKHWHUPRIWKLVSROLF\ DQG
([HFXWHGSULRUWRWKH
D %RGLO\LQMXU\RUSURSHUW\GDPDJH
RU
E 2IIHQVHWKDWFDXVHGWKHSHUVRQDODQGDGYHUWLVLQJLQMXU\
IRUZKLFKWKHDGGLWLRQDOLQVXUHGVHHNVFRYHUDJH
% 7KHLQVXUDQFHSURYLGHGWRWKHDGGLWLRQDOLQVXUHGLVOLPLWHGDVIROORZV
7KHSHUVRQRURUJDQL]DWLRQLVDQDGGLWLRQDOLQVXUHGRQO\ZLWKUHVSHFWWROLDELOLW\IRUERGLO\LQMXU\SURSHUW\ GDPDJHRUSHUVRQDODQGDGYHUWLVLQJLQMXU\FDXVHGLQZKROHRULQSDUWE\
D <RXUDFWVRURPLVVLRQV
RU
E 7KHDFWVRURPLVVLRQVRIWKRVHDFWLQJRQ\RXUEHKDOI LQWKHSHUIRUPDQFHRI\RXURQJRLQJRSHUDWLRQVVSHFLILHGLQWKHZULWWHQFRQWUDFWRUZULWWHQDJUHHPHQW RU
F <RXUZRUNWKDWLVVSHFLILHGLQWKHZULWWHQFRQWUDFWRUZULWWHQDJUHHPHQWEXWRQO\IRU ERGLO\LQMXU\RU SURSHUW\GDPDJHLQFOXGHGLQWKHSURGXFWVFRPSOHWHGRSHUDWLRQVKD]DUGDQGRQO\LI
7KHZULWWHQFRQWUDFWRUZULWWHQDJUHHPHQWUHTXLUHV\RXWRSURYLGHWKHDGGLWLRQDOLQVXUHG VXFK FRYHUDJH
DQG
7KLV&RYHUDJH3DUWSURYLGHVVXFKFRYHUDJH
7KH/LPLWVRI,QVXUDQFHDSSOLFDEOHWRWKHDGGLWLRQDOLQVXUHGDUHWKRVH VSHFLILHGLQWKHZULWWHQ FRQWUDFWRUZULWWHQ DJUHHPHQWRULQWKH'HFODUDWLRQVRIWKLVSROLF\ZKLFKHYHULVOHVV7KHVH/LPLWVRI,QVXUDQFHDUHLQFOXVLYHRIDQG QRWLQDGGLWLRQWRWKH/LPLWVRI,QVXUDQFHVKRZQLQWKH'HFODUDWLRQV 7KHLQVXUDQFHSURYLGHGWRWKHDGGLWLRQDOLQVXUHGGRHVQRWDSSO\WRERGLO\LQMXU\SURSHUW\GDPDJHRUSHUVRQDO DQGDGYHUWLVLQJLQMXU\DULVLQJRXWRIDQDUFKLWHFW
VHQJLQHHU
VRUVXUYH\RU
VUHQGHULQJRIRUIDLOXUHWRUHQGHUDQ\
SURIHVVLRQDOVHUYLFHVLQFOXGLQJ
D 7KHSUHSDULQJDSSURYLQJRUIDLOLQJWRSUHSDUHRUDSSURYHPDSV VKRSGUDZLQJVRSLQLRQV UHSRUWV VXUYH\V ILHOGRUGHUVFKDQJHRUGHUVRUGUDZLQJVDQGVSHFLILFDWLRQVE\DQ\DUFKLWHFWHQJLQHHURUVXUYH\RUSHUIRUPLQJ VHUYLFHVRQDSURMHFWRIZKLFK\RXVHUYHDVFRQVWUXFWLRQPDQDJHU RU
E ,QVSHFWLRQVXSHUYLVLRQTXDOLW\FRQWUROHQJLQHHULQJRUDUFKLWHFWXUDOVHUYLFHVGRQHE\\RXRQDSURMHFWRI ZKLFK\RXVHUYHDVFRQVWUXFWLRQPDQDJHU
6%
%
3DJHRI
YH GXULQJ WKH WHUP RI WKLV SROLF
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 6%
%
(G
&RS\ULJKW&1$ $OO5LJKWV5HVHUYHG
7KHLQVXUDQFHSURYLGHGWRWKHDGGLWLRQDOLQVXUHGGRHVQRWDSSO\WRERGLO\LQMXU\SURSHUW\GDPDJHRUSHUVRQDO DQGDGYHUWLVLQJLQMXU\DULVLQJRXWRIFRQVWUXFWLRQRUGHPROLWLRQZRUNZKLOH\RXDUHDFWLQJDVDFRQVWUXFWLRQRU GHPROLWLRQFRQWUDFWRU
& 8QGHU%XVLQHVVRZQHUV/LDELOLW\&RQGLWLRQVWKHFRQGLWLRQHQWLWOHG'XWLHV,Q7KH(YHQWRI2FFXUUHQFH2IIHQVH &ODLPRU6XLWLVDPHQGHGWRDGGWKHIROORZLQJ
$QDGGLWLRQDOLQVXUHGXQGHUWKLVHQGRUVHPHQWZLOODVVRRQDVSUDFWLFDEOH
*LYHZULWWHQQRWLFHRIDQRFFXUUHQFHRUDQRIIHQVHWRXVZKLFKPD\UHVXOWLQDFODLPRUVXLWXQGHUWKLVLQVXUDQFH
7HQGHUWKHGHIHQVHDQGLQGHPQLW\RIDQ\FODLPRUVXLWWRXVIRUDORVVZHFRYHUXQGHUWKLV&RYHUDJH3DUW
([FHSWDVSURYLGHGIRULQSDUDJUDSK'EHORZ
D 7HQGHUWKHGHIHQVHDQGLQGHPQLW\RIDQ\FODLPRUVXLWWRDQ\RWKHULQVXUHUZKLFKDOVRKDVLQVXUDQFHIRUD ORVVZHFRYHUXQGHUWKLV&RYHUDJH3DUW
DQG
E $JUHHWRPDNHDYDLODEOHDQ\RWKHULQVXUDQFHZKLFKWKHDGGLWLRQDOLQVXUHGKDVIRUDORVVZHFRYHUXQGHUWKLV &RYHUDJH3DUW
:HKDYHQRGXW\WRGHIHQGRULQGHPQLI\DQDGGLWLRQDOLQVXUHGXQGHUWKLVHQGRUVHPHQWXQWLOZH UHFHLYHZULWWHQQRWLFH RIDFODLPRUVXLWIURPWKHDGGLWLRQDOLQVXUHG
' :LWKUHVSHFWRQO\WRWKHLQVXUDQFHSURYLGHGE\WKLVHQGRUVHPHQWWKHFRQGLWLRQHQWLWOHG2WKHU,QVXUDQFHRIWKH %86,1(662:1(56&2002132/,&<&21',7,216LVDPHQGHGWRGHOHWHSDUDJUDSKVDQGDQGUHSODFHWKHP ZLWKWKHIROORZLQJ
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
DOOWKRVHRWKHULQVXUHUV
:KHQWKLVLQVXUDQFHLVH[FHVVRYHURWKHULQVXUDQFHZHZLOOSD\RQO\RXUVKDUHRIWKHDPRXQWRIWKHORVVLIDQ\ WKDWH[FHHGVWKHVXPRI
D
7KHWRWDODPRXQWWKDWDOOVXFKRWKHULQVXUDQFHZRXOGSD\IRUWKHORVVLQWKHDEVHQFHRIWKLVLQVXUDQFH DQG
E
7KHWRWDORIDOOGHGXFWLEOHDQGVHOILQVXUHGDPRXQWVXQGHUDOOWKDWRWKHULQVXUDQFH :HZLOOVKDUHWKHUHPDLQLQJORVVLIDQ\ZLWKDQ\RWKHULQVXUDQFHWKDWLVQRWGHVFULEHGLQWKLV([FHVV,QVXUDQFH SURYLVLRQDQGZDVQRWERXJKWVSHFLILFDOO\WRDSSO\LQH[FHVVRIWKH/LPLWVRI,QVXUDQFHVKRZQLQWKH'HFODUDWLRQV RIWKLV&RYHUDJH3DUW
( 7KHFRQGLWLRQHQWLWOHG7UDQVIHURI5LJKWVRI5HFRYHU\$JDLQVW2WKHUVWR8VRIWKH%86,1(662:1(56&20021 32/,&<&21',7,216LVDPHQGHGWRGHOHWHGSDUDJUDSKDQGUHSODFHLWZLWKWKHIROORZLQJ
:HZDLYHDQ\ULJKWRIUHFRYHU\ZHPD\KDYHDJDLQVWDQ\SHUVRQRURUJDQL]DWLRQZLWKZKRP\RXKDYHDJUHHGWR ZDLYHVXFKULJKWRIUHFRYHU\LQDZULWWHQFRQWUDFWRUDJUHHPHQWEHFDXVHRISD\PHQWVZHPDNHIRULQMXU\RU GDPDJH DULVLQJ RXW RI \RXU RQJRLQJ RSHUDWLRQV RU \RXU ZRUN GRQH XQGHU D FRQWUDFW ZLWK WKDW SHUVRQ RU RUJDQL]DWLRQDQGLQFOXGHGZLWKLQWKHSURGXFWVFRPSOHWHGRSHUDWLRQVKD]DUG GHG E\ WKLV HQGRUVHPHQWWK
&21',7,216 LVDPHQGHGWR
$OORWKHUWHUPVDQGFRQGLWLRQVRIWKH3ROLF\UHPDLQXQFKDQJHG 6%
%
3DJHRI
3ROLF\
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 /LEHUW\0XWXDO,QVXUDQFH
$& ,QFOXGHVFRS\ULJKWHGPDWHULDO RI,QVXUDQFH6HUYLFHV2IILFH,QFZLWK 3LWVDJSHHUPLVRVILRQ 7+,6(1'256(0(17&+$1*(6 7+(32/,&<3/($6(5($',7&$5()8//< &$/,)251,$%86,1(66$872&29(5$*(
(1+$1&(0(17 (1'256(0(17
7KLV HQGRUVHPHQWPRGLILHVLQVXUDQFH SURYLGHG XQGHUWKH IROORZLQJ
%86,1(66 $872 &29(5$*()250
:LWK UHVSHFW WR FRYHUDJH DIIRUGHG E\ WKLV HQGRUVHPHQW WKH SURYLVLRQV RI WKH SROLF\ DSSO\ XQOHVV PRGLILHG E\WKH HQGRUVHPHQW
,IWKHSROLF\WRZKLFKWKLVHQGRUVHPHQWLVDWWDFKHGDOVRFRQWDLQVD%XVLQHVV$XWR&RYHUDJH (QKDQFHPHQW (QGRUVHPHQWZLWKDVSHFLILFVWDWH QDPHG LQ WKH WLWOH WKLV HQGRUVHPHQW GRHV QRW DSSO\ WR YHKLFOHV JDUDJHG LQ WKDW VSHFLILHG VWDWH
&29(5$*(,1'(;
68%-(&7 3529,6,21 180%(5
$&&,'(17$/ $,5%$* '(3/2<0(17
$'',7,21$/ ,1685(' %< &2175$&7 $*5((0(17 253(50,7 $0(1'(''87,(6 ,1 7+((9(172)$&&,'(17 &/$,0 68,7 25/266 $0(1'(' )(//2:(03/2<(((;&/86,21
$8',2 9,68$/ $1' '$7$ (/(&7521,&(48,30(17 &29(5$*( %2',/< ,1-85< 5('(),1('
(03/2<((6$6 ,1685('6
,QFOXGLQJ (PSOR\HH +LUHG $XWR
(;75$ (;3(16(%52$'(1(' &29(5$*(
*/$66 5(3$,5:$,9(5 2)'('8&7,%/(
+,5('$872 &29(5$*(7(55,725<
+,5('$872 3+<6,&$/ '$0$*(
,QFOXGLQJ (PSOR\HH +LUHG $XWR
/2$1 /($6(*$3
&RYHUDJH 1RW $YDLODEOH ,Q 1HZ <RUN
1(:/< )250(' 25$&48,5(' 68%6,',$5,(6
3$5.('$872 &2//,6,21 &29(5$*(
:$,9(5 2)'('8&7,%/(
3(5621$/ ())(&76&29(5$*(
3+<6,&$/ '$0$*( $'',7,21$/ 75$163257$7,21 (;3(16(&29(5$*( 3+<6,&$/ '$0$*( '('8&7,%/( 9(+,&/(75$&.,1* 6<67(0 35,0$5< $1' 121&2175,%8725< :5,77(1 &2175$&7 25:5,77(1 $*5((0(17 5(17$/ 5(,0%856(0(17
6833/(0(17$5< 3$<0(176
72:,1* $1' /$%25
7:2 25025( '('8&7,%/(6
81,17(17,21$/ )$,/85( 72 ',6&/26( +$=$5'6
:$,9(5 2)75$16)(5 2)5,*+76 2)5(&29(5<$*$,167 27+(5672 86 6(&7,21,,/,$%,/,7<&29(5$*(LVDPHQGHGDVIROORZV
1(:/<)250('25$&48,5('68%6,',$5,(6
6(&7,21,, /,$%,/,7<&29(5$*( 3DUDJUDSK $:KR,V $Q ,QVXUHGLVDPHQGHGWRLQFOXGHWKH IROORZLQJ DVDQLQVXUHG
G $Q\ OHJDOO\LQFRUSRUDWHG VXEVLGLDU\RI ZKLFK \RX RZQ PRUH WKDQ SHUFHQW LQWHUHVW GXULQJ WKH SROLF\SHULRG&RYHUDJH LV DIIRUGHG RQO\ IRU GD\V IURPWKH GDWH RI DFTXLVLWLRQ RUIRUPDWLRQ +RZHYHU LQVXUHG GRHV QRW LQFOXGHDQ\ RUJDQL]DWLRQWKDW
,VDSDUWQHUVKLS RU MRLQW YHQWXUH
RU
,V DQ LQVXUHG XQGHU DQ\ RWKHU DXWRPRELOH SROLF\H[FHSW DSROLF\ZULWWHQVSHFLILFDOO \WR DSSO\ LQ H[FHVV RIWKLV SROLF\
RU
+DV H[KDXVWHG LWV/LPLW RI ,QVXUDQFH RU KDG LWVSROLF\ WHUPLQDWHG XQGHUDQ\ RWKHU DXWRPRELOH SROLF\
RI
3ROLF\&200(5&,$/ $872
$&
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 /LEHUW\0XWXDO,QVXUDQFH
,QFOXGHVFRS\ULJKWHGPDWHULDO RI,QVXUDQFH6HUYLFHV2IILFH,QFZLWK 3LWVDJSHHUPLVRVILR &RYHUDJH XQGHU WKLV SURYLVLRQ G GRHV QRW DSSO\ WR ERGLO\ LQMXU\ RU SURSHUW\ GDPDJH WKDW RFFXUUHGEHIRUH \RX DFTXLUHGRUIRUPHGWKH RUJDQL]DWLRQ (03/2<((6$6,1685('6
6(&7,21 ,, /,$%,/,7< &29(5$*( 3DUDJUDSK $ :KR ,V $Q ,QVXUHG LV DPHQGHG WR LQFOXGH WKH IROORZLQJ DVDQLQVXUHG
H $Q\ HPSOR\HH RI \RXUV ZKLOH XVLQJ D FRYHUHG DXWR \RX GR QRW RZQ KLUH RU ERUURZ EXW RQO\ IRU DFWV ZLWKLQ WKH VFRSH RI WKHLU HPSOR\PHQW E\ \RX ,QVXUDQFH SURYLGHG E\ WKLV HQGRUVHPHQW LV H[FHVV RYHU DQ\ RWKHU LQVXUDQFH DYDLODEOHWR DQ\ HPSOR\HH I $Q\ HPSOR\HH RI \RXUV ZKLOH RSHUDWLQJ DQ DXWR KLUHG RU ERUURZHG XQGHU D ZULWWHQ FRQWUDFW RU DJUHHPHQWLQ WKDW HPSOR\HH¶VQDPH ZLWK\RXU SHUPLVVLRQZKLOHSHUIRUPLQJGXWLHV UHODWHG WR WKH FRQGXFW RI \RXU EXVLQHVV DQG ZLWKLQ WKH VFRSH RI WKHLU HPSOR\PHQW ,QVXUDQFH SURYLGHG E\ WKLV HQGRUVHPHQWLVH[FHVV RYHU DQ\ RWKHU LQVXUDQFH DYDLODEOH WRWKH HPSOR\HH $'',7,21$/ ,1685(' %<&2175$&7 $*5((0(17 253(50,7 6(&7,21,, /,$%,/,7<&29(5$*( 3DUDJUDSK $:KR,V $Q ,QVXUHGLVDPHQGHGWRLQFOXGHWKH IROORZLQJ DVDQLQVXUHG
J $Q\SHUVRQRURUJDQL]DWLRQZLWKUHVSHFWWR WKH RSHUDWLRQ PDLQWHQDQFH RU XVHRI DFRYHUHG DXWR SURYLGHG WKDW \RX DQG VXFK SHUVRQRU RUJDQL]DWLRQ KDYH DJUHHG LQ D ZULWWHQ FRQWUDFW ZULWWHQ DJUHHPHQW RU SHUPLWLVVXHG WR \RX E\ JRYHUQPHQWDO RUSXEOLF DXWKRULW\ WRDGGVXFKSHUVRQ RU RUJDQL]DWLRQRU JRYHUQPHQWDO RU SXEOLFDXWKRULW\WRWKLV SROLF\DVDQLQVXUHG +RZHYHU VXFK SHUVRQ RU RUJDQL]DWLRQ LVDQLQVXUHG
2QO\ ZLWK UHVSHFW WRWKH RSHUDWLRQ PDLQWHQDQFH RU XVHRI DFRYHUHG DXWR
2QO\ IRU ERGLO\LQMXU\RUSURSHUW\GDPDJHFDXVHG E\DQDFFLGHQWZKLFK WDNHVSODFHDIWHU \RX H[HFXWHG WKH ZULWWHQ FRQWUDFW RU ZULWWHQ DJUHHPHQW RUWKH SHUPLW KDV EHHQ LVVXHG WR \RX
DQG
2QO\ IRU WKH GXUDWLRQ RI WKDW FRQWUDFW DJUHHPHQW RU SHUPLW 7KH LQVXUHG LV UHTXLUHG WR VXEPLW DFODLPWR DQ\ RWKHULQVXUHU WR ZKLFK FRYHUDJH FRXOGDSSO\IRU GHIHQVH DQG LQGHPQLW\ 8QOHVV WKH LQVXUHG KDVDJUHHGLQZULWLQJWR SULPDU\ QRQFRQWULEXWRU\ ZRUGLQJSHU HQKDQFHPHQWQXPEHU WKLV SROLF\ LVH[FHVV RYHU DQ\ RWKHUFROOHFWLEOHLQVXUDQFH 6833/(0(17$5< 3$<0(176
6(&7,21 ,, /,$%,/,7< &29(5$*(&RYHUDJH([WHQVLRQV D 6XSSOHPHQWDU\ 3D\PHQWV3DUDJUDSKV
DQG
DUH UHSODFHGE\ WKH IROORZLQJ
8S WR IRU FRVW RI EDLO ERQGV
LQFOXGLQJ ERQGV IRU UHODWHG WUDIILF YLRODWLRQV
UHTXLUHG EHFDXVH
RI DQDFFLGHQW ZH FRYHU :HGRQRW KDYHWRIXUQLVKWKHVH ERQGV
$OO UHDVRQDEOH H[SHQVHV LQFXUUHG E\ WKH LQVXUHG DW RXU UHTXHVW LQFOXGLQJDFWXDO ORVV RI HDUQLQJV XSWR DGD\ EHFDXVH RIWLPH RII IURPZRUN
$0(1'(' )(//2:(03/2<(((;&/86,21
,QWKRVH MXULVGLFWLRQVZKHUH E\ ODZ IHOORZHPSOR\HHVDUHQRW HQWLWOHGWR WKH SURWHFWLRQDIIRUGHGWR WKH HPSOR\HUE\ WKH ZRUNHUVFRPSHQVDWLRQH[FOXVLYLW\ UXOH RUVLPLODUSURWHFWLRQWKHIROORZLQJSURYL VLRQ LVDGGHG
6(&7,21 ,, /,$%,/,7< ([FOXVLRQ % )HOORZ (PSOR\HH GRHV QRW DSSO\ LI WKH ERGLO\ LQMXU\ UHVXOWV IURP WKH XVH RI D FRYHUHG DXWR \RX RZQ RU KLUH LI \RX KDYH ZRUNHUV FRPSHQVDWLRQ LQVXUDQFH LQ IRUFH IRU DOO RI \RXU HPSOR\HHVDWWKHWLPHRI ORVV 7KLV FRYHUDJH LVH[FHVV RYHU DQ\ RWKHU FROOHFWLEOH LQVXUDQFH 6(&7,21,,,3+<6,&$/'$0$*( &29(5$*(LVDPHQGHGDVIROORZV
+,5('$872 3+<6,&$/'$0$*(
3DUDJUDSK$ &RYHUDJH([WHQVLRQV RI 6(&7,21 ,,, 3+<6,&$/'$0$*( &29(5$*(LV DPHQGHG E\ DGGLQJWKHIROORZLQJ
,I KLUHG DXWRV DUH FRYHUHG DXWRVIRU /LDELOLW\&RYHUDJH DQG LI&RPSUHKHQVLYH6SHFLILHG &DXVHVRI /RVV RU &ROOLVLRQ FRYHUDJH DUH SURYLGHG XQGHU WKH %XVLQHVV $XWR &RYHUDJH )RUP IRU DQ\ DXWR \RX RZQWKHQ WKH3K\VLFDO'DPDJH FRYHUDJHVSURYLGHG DUHH[WHQGHGWR DXWRV
RI
3ROLF\
$& Q
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 DJSHHUPLVRVILR
D <RX KLUH UHQW RU ERUURZ
RU
E <RXU HPSOR\HH KLUHV RU UHQWV XQGHU DZULWWHQFRQWUDFW RU DJUHHPHQW LQ WKDW HPSOR\HH¶V QDPH EXW RQO\ LI WKH GDPDJHRFFXUV ZKLOHWKH YHKLFOHLVEHLQJXVHG LQWKH FRQGXFWRI \RXU EXVLQHVV VXEMHFW WR WKH IROORZLQJ OLPLW DQG GHGXFWLEOH
D 7KHPRVW ZH ZLOO SD\IRU ORVV LQ DQ\ RQH DFFLGHQW RU ORVVLVWKH VPDOOHVW RI
RU
7KHDFWXDO FDVK YDOXH RI WKH GDPDJHG RU VWROHQ SURSHUW\ DVRI WKH WLPH RIWKH ORVV RU
7KH FRVWRI UHSDLULQJ RU UHSODFLQJ WKH GDPDJHG RU VWROHQ SURSHUW\ ZLWK RWKHU SURSHUW\ RI OLNH NLQG DQG TXDOLW\ PLQXVDGHGXFWLEOH
E 7KH GHGXFWLEOH ZLOO EH HTXDO WR WKH ODUJHVW GHGXFWLEOH DSSOLFDEOH WR DQ\ RZQHG DXWR IRU WKDW FRYHUDJH
F 6XEMHFW WR WKH OLPLW GHGXFWLEOH DQG H[FHVV SURYLVLRQV GHVFULEHG LQ WKLV SURYLVLRQ ZH ZLOO SURYLGH FRYHUDJHHTXDO WRWKH EURDGHVW FRYHUDJHDSSOLFDEOH WR DQ\ FRYHUHGDXWR \RX RZQ G 6XEMHFW WR D PD[LPXP RI SHU DFFLGHQW ZH ZLOO DOVR FRYHU WKH DFWXDO ORVV RI XVH RI WKH KLUHG DXWR LI LW UHVXOWV IURP DQ DFFLGHQW \RX DUH OHJDOO\ OLDEOH DQG WKH OHVVRU LQFXUV DQ DFWXDO ILQDQFLDO ORVV
H 7KLV FRYHUDJHH[WHQVLRQ GRHV QRW DSSO\ WR
$Q\ DXWR WKDW LVKLUHG UHQWHG RU ERUURZHGZLWK DGULYHU RU
$Q\ DXWR WKDW LV KLUHG UHQWHG RU ERUURZHG IURP \RXU HPSOR\HH RU DQ\ PHPEHU RI \RXU HPSOR\HH¶V KRXVHKROG
&RYHUDJH SURYLGHG XQGHU WKLV H[WHQVLRQ LV H[FHVV RYHU DQ\ RWKHU FROOHFWLEOH LQVXUDQFH DYDLODEOH DW WKH WLPH RI ORVV
72:,1* $1'/$%25
6(&7,21 ,,, 3+<6,&$/ '$0$*(&29(5$*(3DUDJUDSK$ 7RZLQJLV DPHQGHG E\ WKH DGGLWLRQ RI WKHIROORZLQJ
:H ZLOO SD\ WRZLQJDQG ODERUFRVWV LQFXUUHG XS WR WKH OLPLWV VKRZQ EHORZ HDFK WLPHDFRYHUHGDXWR FODVVLILHG DQG UDWHG DVDSULYDWHSDVVHQJHUW\SH OLJKWWUXFN RU PHGLXP WUXFN LVGLVDEOHG
D )RUSULYDWH SDVVHQJHU W\SH YHKLFOHV ZH ZLOO SD\ XSWR SHU GLVDEOHPHQW E )RU OLJKWWUXFNV ZH ZLOO SD\ XSWR SHU GLVDEOHPHQW /LJKW WUXFNV DUHWUXFNV WKDW KDYH DJURVV YHKLFOHZHLJKW
*9:
RI SRXQGVRUOHVV
F )RU PHGLXP WUXFNV ZH ZLOOSD\ XS WR SHU GLVDEOHPHQW 0HGLXP WUXFNVDUH WUXFNV WKDW KDYH DJURVV YHKLFOHZHLJKW
*9:
RI SRXQGV
+RZHYHU WKH ODERU PXVW EHSHUIRUPHG DWWKH SODFH RI GLVDEOHPHQW 3+<6,&$/'$0$*( $'',7,21$/ 75$163257$7,21(;3(16(&29(5$*( 3DUDJUDSK $D &RYHUDJH ([WHQVLRQV 7UDQVSRUWDWLRQ ([SHQVHV RI 6(&7,21 ,,, 3+<6,&$/ '$0$*( &29(5$*(LVDPHQGHGWR SURYLGH DOLPLW RI SHU GD\ DQG DPD[LPXPOLPLW RI
5(17$/5(,0%856(0(17
6(&7,21 ,,,3+<6,&$/'$0$*( &29(5$*($&RYHUDJHLVDPHQGHGE\ DGGLQJ WKHIROORZLQJ
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
F :H ZLOO DOVR SD\ XS WR IRU UHDVRQDEOH DQG QHFHVVDU\ H[SHQVHV LQFXUUHG E\ \RX WR UHPRYH DQG UHSODFH \RXU WRROV DQG HTXLSPHQW IURP WKH FRYHUHG DXWR 7KLV OLPLW LV H[FHVV RYHU DQ\ RWKHU FROOHFWLEOH LQVXUDQFH
RI
3ROLF\
$& Q
/LEHUW\0XWXDO,QVXUDQFH
,QFOXGHVFRS\ULJKWHGPDWHULDO RI,QVXUDQFH6HUYLFHV2IILFH,QFZLWK 3LWV 'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 DJSHHUPLVRVILR
G 7KLV FRYHUDJH GRHV QRW DSSO\ XQOHVV \RX KDYH D EXVLQHVV QHFHVVLW\ WKDW RWKHU DXWRV DYDLODEOH IRU \RXU XVHDQG RSHUDWLRQ FDQQRW ILOO
H ,I ORVV UHVXOWV IURP WKH WRWDO WKHIW RI D FRYHUHG DXWR RI WKH SULYDWH SDVVHQJHU W\SH ZH ZLOO SD\ XQGHU WKLV FRYHUDJH RQO\ WKDW DPRXQW RI \RXU UHQWDO UHLPEXUVHPHQW H[SHQVHV ZKLFK LV QRW DOUHDG\ SURYLGHG XQGHU 3DUDJUDSK&RYHUDJH ([WHQVLRQ
I 1R GHGXFWLEOH DSSOLHV WR WKLV FRYHUDJH
J 7KH LQVXUDQFH SURYLGHG XQGHU WKLV H[WHQVLRQ LVH[FHVV RYHU DQ\ RWKHU FROOHFWLEOH LQVXUDQFH ,IWKLV SROLF\ DOVR SURYLGHV 5HQWDO 5HLPEXUVHPHQW &RYHUDJH \RX SXUFKDVHG WKH FRYHUDJH SURYLGHG E\ WKLV (QKDQFHPHQW (QGRUVHPHQW LVLQ DGGLWLRQ WRWKH FRYHUDJH\RX SXUFKDVHG )RU WKH SXUSRVHV RI WKLV HQGRUVHPHQW SURYLVLRQ PDWHULDOV DQG HTXLSPHQW GR QRW LQFOXGH SHUVRQDO HIIHFWV DVGHILQHGLQ SURYLVLRQ %
(;75$(;3(16(%52$'(1('&29(5$*(
8QGHU 6(&7,21 ,,, 3+<6,&$/ '$0$*( &29(5$*( $ &RYHUDJH ZH ZLOO SD\ IRU WKH H[SHQVH RI UHWXUQLQJ DVWROHQFRYHUHGDXWRWR \RX 7KHPD[LPXPDPRXQW ZH ZLOOSD\ LV 3(5621$/())(&76&29(5$*(
$ 6(&7,21,,,3+<6,&$/'$0$*( &29(5$*($&RYHUDJHLVDPHQGHGE\ DGGLQJ WKHIROORZLQJ
,I \RX KDYH SXUFKDVHG &RPSUHKHQVLYH &RYHUDJH RQ WKLV SROLF\ IRU DQ DXWR \RX RZQ DQG WKDW DXWR LV VWROHQ ZHZLOO SD\ZLWKRXW DSSOLFDWLRQ RI D GHGXFWLEOH XSWR IRU SHUVRQDO HIIHFWV VWROHQ ZLWKWKH DXWR
7KH LQVXUDQFH SURYLGHG XQGHU WKLV SURYLVLRQ LVH[FHVV RYHU DQ\ RWKHU FROOHFWLEOHLQVXUDQFH % 6(&7,21 9 '(),1,7,216LVDPHQGHG E\ DGGLQJ WKH IROORZLQJ
)RUWKHSXUSRVHV RIWKLV SURYLVLRQSHUVRQDOHIIHFWVPHDQ WDQJLEOHSURSHUW\WKDW LVZRUQ RUFDUULHG E\ DQ LQVXUHG 3HUVRQDOHIIHFWVGRHV QRW LQFOXGHWRROV HTXLSPHQWMHZHOU\PRQH\ RUVHFXUL WLHV
$&&,'(17$/$,5%$*'(3/2<0(17
6(&7,21 ,,,3+<6,&$/'$0$*( &29(5$*(%([FOXVLRQVLVDPHQGHGE\ DGGLQJ WKHIROORZLQJ
,I \RX KDYH SXUFKDVHG &RPSUHKHQVLYH RU &ROOLVLRQ &RYHUDJH XQGHU WKLV SROLF\ WKH H[FOXVLRQ IRU ORVV UHODWLQJ WRPHFKDQLFDO EUHDNGRZQ GRHV QRW DSSO\WRWKH DFFLGHQWDO GLVFKDUJH RI DQDLUEDJ $Q\ LQVXUDQFH ZH SURYLGH VKDOO EH H[FHVV RYHU DQ\ RWKHU FROOHFWLEOH LQVXUDQFH RU UHLPEXUVHPHQW E\ PDQXIDFWXUHU¶V ZDUUDQW\ +RZHYHU ZH DJUHH WR SD\ DQ\ GHGXFWLEOH DSSOLFDEOH WR WKH RWKHU FRYHUDJH RU ZDUUDQW\
3+<6,&$/'$0$*( '('8&7,%/(9(+,&/(75$&.,1*6<67(0 6(&7,21 ,,,3+<6,&$/'$0$*( &29(5$*(''HGXFWLEOH LVDPHQGHG E\ DGGLQJ WKHIROORZLQJ
$Q\ &RPSUHKHQVLYH 'HGXFWLEOH VKRZQ LQ WKH 'HFODUDWLRQV ZLOO EH UHGXFHG E\ IRU DQ\ORVV FDXVHG E\ WKHIWLI WKH YHKLFOH LV HTXLSSHG ZLWK DYHKLFOH WUDFNLQJ GHYLFH VXFK DVDUDGLR WUDFNLQJ GHYLFH RU DJOREDOSRVLWLRQ GHYLFH DQGWKDW GHYLFH ZDV WKHPHWKRG RI UHFRYHU\RIWKH YHKLFOH $8',2 9,68$/ $1''$7$(/(&7521,&(48,30(17&29(5$*( 6(&7,21,,,3+<6,&$/'$0$*(&29(5$*(%([FOXVLRQV3DUDJUDSKDRI WKH H[FHSWLRQ WR H[FOX VLRQV FDQGGLVGHOHWHGDQG UHSODFHGZLWKWKHIROORZLQJ
([FOXVLRQV FDQGG GR QRW DSSO\ WR
D (OHFWURQLFHTXLSPHQW WKDW UHFHLYHV RUWUDQVPLWV DXGLR YLVXDO RU GDWD VLJQDOV ZKHWKHU RU QRW GH VLJQHGVROHO\IRU WKH UHSURGXFWLRQ RI VRXQGLIWKH HTXLSPHQW LV
3HUPDQHQWO\ LQVWDOOHG LQ WKH FRYHUHG DXWR DW WKH WLPH RI WKH ORVV RUUHPRYDEOH IURP D KRXVLQJ XQLW WKDW LVSHUPDQHQWO\LQVWDOOHG LQWKH FRYHUHGDXWR DQG
'HVLJQHG WR EHVROHO\ RSHUDWHG E\ XVHIURP WKH SRZHU IURP WKH DXWR¶V HOHFWULFDO V\VWHP DQG
3K\VLFDOGDPDJH FRYHUDJHV DUHSURYLGHG IRU WKH FRYHUHG DXWR ,I WKH ORVV RFFXUV VROHO\ WR DXGLR YLVXDO RU GDWD HOHFWURQLF HTXLSPHQW RU DFFHVVRULHV XVHG ZLWK WKLV HTXLSPHQW WKHQ RXU REOLJDWLRQ WR SD\ IRU UHSDLU UHWXUQ RU UHSODFH GDPDJHG RU VWROHQ SURSHUW\ ZLOOEHUHGXFHGE\DGHGXFWLEOH
RI
3ROLF\
/LEHUW\0XWXDO,QVXUDQFH,QFOXGHVFRS\ULJKWHGPDWHULDORI,QVXUDQFH 6HUYLFHV2IILFH,QFZLWK3LWV
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 DJSHHUPLVRVILR
/2$1 /($6(*$3&29(5$*(
1RW $SSOLFDEOH ,Q 1HZ <RUN
$ 3DUDJUDSK& /LPLW 2I ,QVXUDQFHRI 6(&7,21 ,,, 3+<6,&$/ '$0$*(&29(5$*( LV DPHQGHG E\ DGGLQJWKHIROORZLQJ
7KH PRVW ZH ZLOO SD\ IRU DWRWDOORVV WR DFRYHUHG DXWR RZQHG E\ RU OHDVHG WR \RXLQ DQ\ RQH DFFLGHQW LVWKH JUHDWHURIWKH
%DODQFH GXH XQGHU WKH WHUPV RI WKH ORDQ RU OHDVH WR ZKLFKWKH GDPDJHGFRYHUHG DXWR LV VXEMHFWDWWKHWLPH RIWKH ORVVOHVVWKH DPRXQW RI
D 2YHUGXH SD\PHQWV DQG ILQDQFLDOSHQDOWLHVDVVRFLDWHGZLWKWKRVH SD\PHQWVDVRI WKH GDWH RIWKH ORVV
E )LQDQFLDO SHQDOWLHV LPSRVHG XQGHUDOHDVH GXH WR KLJKPLOHDJH H[FHVVLYHXVH RU DEQRUPDO ZHDU DQGWHDU
F &RVWVIRUH[WHQGHG ZDUUDQWLHV &UHGLW /LIH ,QVXUDQFH +HDOWK $FFLGHQW RU 'LVDELOLW\ ,QVXU DQFHSXUFKDVHGZLWKWKHORDQ RUOHDVH
G 7UDQVIHURU UROORYHU EDODQFHV IURP SUHYLRXV ORDQV RU OHDVHV
H )LQDO SD\PHQW GXH XQGHU D%DOORRQ /RDQ
I 7KHGROODUDPRXQWRIDQ\XQUHSDLUHGGDPDJHZKLFK RFFXUUHG SULRU WR WKH WRWDO ORVV RI D FRYHUHG DXWR
J 6HFXULW\ GHSRVLWV QRW UHIXQGHG E\ DOHVVRU
K $OO UHIXQGV SD\DEOH RU SDLG WR \RX DVDUHVXOW RI WKH HDUO\ WHUPLQDWLRQ RI DOHDVH DJUHHPHQW RU DVDUHVXOWRI WKH HDUO\WHUPLQDWLRQ RI DQ\ ZDUUDQW\RU H[WHQGHG VHUYLFHDJUHHPHQW RQ D FRYHUHG DXWR
L $Q\ DPRXQW UHSUHVHQWLQJ WD[HV
M /RDQ RU OHDVH WHUPLQDWLRQ IHHV
RU
7KHDFWXDO FDVK YDOXH RIWKH GDPDJHRU VWROHQ SURSHUW\ DVRI WKH WLPH RI WKH ORVV $Q DGMXVWPHQW IRUGHSUHFLDWLRQ DQG SK\VLFDO FRQGLWLRQ ZLOO EH PDGH LQ GHWHUPLQLQJ WKH DFWXDO FDVKYDOXH DWWKHWLPHRIWKH ORVV7KLV DGMXVWPHQWLVQRW DSSOLFDEOH LQ 7H[DV % $GGLWLRQDO &RQGLWLRQV
7KLV FRYHUDJHDSSOLHVRQO\ WR WKH RULJLQDO ORDQ IRU ZKLFKWKH FRYHUHG DXWR WKDWLQFXUUHGWKH ORVVVHUYHV DVFROODWHUDO RU OHDVH ZULWWHQ RQWKH FRYHUHGDXWRWKDW LQFXUUHG WKH ORVV & 6(&7,21 9 '(),1,7,216LVFKDQJHG E\ DGGLQJ WKHIROORZLQJ
$VXVHG LQ WKLV HQGRUVHPHQW SURYLVLRQWKH IROORZLQJ GHILQLWLRQV DSSO\
7RWDOORVV PHDQVDORVV LQ ZKLFK WKH FRVW RI UHSDLUV SOXV WKH VDOYDJH YDOXH H[FHHGVWKH DFWXDO FDVKYDOXH
$ EDOORRQ ORDQLV RQH ZLWK SHULRGLF SD\PHQWV WKDW DUH LQVXIILFLHQW WR UHSD\ WKH EDODQFH RYHU WKH WHUP RIWKH ORDQ WKHUHE\UHTXLULQJ DODUJH ILQDOSD\PHQW */$66 5(3$,5 :$,9(5 2) '('8&7,%/(
3DUDJUDSK ' 'HGXFWLEOH RI 6(&7,21 ,,, 3+<6,&$/ '$0$*( &29(5$*(LVDPHQGHG E\ WKH DGGLWLRQ RIWKHIROORZLQJ
1R GHGXFWLEOH DSSOLHV WR JODVV GDPDJH LI WKH JODVV LV UHSDLUHG UDWKHU WKDQ UHSODFHG 3$5.('$872 &2//,6,21&29(5$*(
:$,9(5 2)'('8&7,%/(
3DUDJUDSK ' 'HGXFWLEOH RI 6(&7,21 ,,, 3+<6,&$/ '$0$*( &29(5$*(LVDPHQGHG E\ WKH DGGLWLRQ RIWKHIROORZLQJ
7KH GHGXFWLEOH GRHV QRW DSSO\ WR ORVV FDXVHG E\ FROOLVLRQ WR VXFK FRYHUHG DXWR RI WKH SULYDWH SDVVHQJHU W\SH RU OLJKW ZHLJKW WUXFN ZLWK D JURVV YHKLFOH ZHLJKW RI OEV RU OHVV DV GHILQHG E\ WKH PDQXIDFWXUHU DVPD[LPXPORDGHGZHLJKW WKH DXWRLVGHVLJQHGWR FDUU\ ZKLOHLW LV
D ,QWKH FKDUJH RI DQLQVXUHG
E /HJDOO\SDUNHG
DQG
F 8QRFFXSLHG
RI
3ROLF\
$& Q
/LEHUW\0XWXDO,QVXUDQFH
,QFOXGHVFRS\ULJKWHGPDWHULDO RI,QVXUDQFH6HUYLFHV2IILFH,QFZLWK 3LWV 'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 /LEHUW\0XWXDO,QVXUDQFH
,QFOXGHVFRS\ULJKWHGPDWHULDO RI,QVXUDQFH6HUYLFHV2IILFH,QFZLWK 3LWVDJSHHUPLVRVILR 7KH ORVV PXVW EHUHSRUWHG WR WKH SROLFH DXWKRULWLHVZLWKLQ KRXUV RI NQRZQ GDPDJH 7KH WRWDODPRXQW RI WKH GDPDJHWR WKH FRYHUHGDXWR PXVWH[FHHG WKH GHGXFWLEOH VKRZQLQWKH 'HFODUDWLRQV
7KLV SURYLVLRQ GRHV QRW DSSO\ WR DQ\ ORVV LI WKH FRYHUHG DXWR LV LQWKHFKDUJH RIDQ\SHUVRQ RU RUJDQL]DWLRQHQJDJHGLQWKH DXWRPRELOHEXVLQHVV
7:2 25025( '('8&7,%/(6
8QGHU6(&7,21,,, 3+<6,&$/ '$0$*( &29(5$*( LI WZR RU PRUH FRPSDQ\ SROLFLHV RU FRYHUDJH IRUPVDSSO\ WRWKH VDPH DFFLGHQW WKHIROORZLQJ DSSOLHVWR3DUDJUDSK''HGXFWLEOH
D ,I WKH DSSOLFDEOH %XVLQHVV $XWR GHGXFWLEOH LV WKH VPDOOHU RU VPDOOHVW
GHGXFWLEOHLW ZLOO EHZDLYHG
RU
E ,IWKHDSSOLFDEOH %XVLQHVV $XWR GHGXFWLEOH LVQRW WKH VPDOOHU RU VPDOOHVW
GHGXFWLEOH LW ZLOO EH
UHGXFHGE\WKH DPRXQW RIWKH VPDOOHU
RU VPDOOHVW
GHGXFWLEOH
RU
F ,I WKH ORVV LQYROYHV WZRRU PRUH%XVLQHVV$XWR FRYHUDJH IRUPV RU SROLFLHV WKH VPDOOHU RU
VPDOOHVW
GHGXFWLEOH ZLOOEHZDLYHG
)RU WKH SXUSRVH RI WKLVHQGRUVHPHQW FRPSDQ\PHDQVDQ\ FRPSDQ\WKDWLV SDUW RI WKH /LEHUW\ 0XWXDO *URXS
6(&7,21,9 %86,1(66 $872 &21',7,216LVDPHQGHG DVIROORZV
81,17(17,21$/ )$,/85(72',6&/26(+$=$5'6
6(&7,21 ,9 %86,1(66 $872 &21',7,2163DUDJUDSK%LVDPHQGHG E\ DGGLQJ WKHIROORZLQJ
,I \RX XQLQWHQWLRQDOO\IDLO WR GLVFORVH DQ\ KD]DUGV H[SRVXUHV RUPDWHULDOIDFWV H[LVWLQJ DV RIWKH LQFHS WLRQ GDWH RU UHQHZDO GDWH RI WKH %XVLQHVV $XWR &RYHUDJH )RUP WKH FRYHUDJH DIIRUGHG E\ WKLV SROLF\ ZLOO QRW EHSUHMXGLFHG
+RZHYHU \RX PXVW UHSRUW WKH XQGLVFORVHG KD]DUG RI H[SRVXUH DV VRRQ DV SUDFWLFDEOH DIWHU LWV GLVFRYHU\ DQG ZH KDYH WKH ULJKWWR FROOHFWDGGLWLRQDOSUHPLXP IRU DQ\ VXFK KD]DUG RU H[SRVXUH $0(1'(' '87,(6,17+((9(172)$&&,'(17 &/$,0 68,7 25/266 6(&7,21 ,9 %86,1(66 $872 &21',7,2163DUDJUDSK$D LV UHSODFHGLQ LWV HQWLUHW\ E\ WKH IROORZ LQJ
D ,QWKH HYHQW RI DFFLGHQW FODLP VXLW RU ORVV \RX PXVW SURPSWO\QRWLI\ XVZKHQ LW LVNQRZQ WR
<RX LI \RX DUHDQLQGLYLGXDO
$SDUWQHU LI \RX DUHDSDUWQHUVKLS
0HPEHU LI \RX DUHDOLPLWHG OLDELOLW\ FRPSDQ\
$Q H[HFXWLYH RIILFHU RU WKH HPSOR\HH GHVLJQDWHG E\WKH 1DPHG,QVXUHGWR JLYH VXFK QRWLFHLI \RX DUHDFRUSRUDWLRQ
7RWKH H[WHQWSRVVLEOH QRWLFH WR XVVKRXOG LQFOXGH
D
+RZ ZKHQ DQG ZKHUH WKH DFFLGHQW RU ORVVWRRN SODFH
E
7KH LQVXUHG¶V QDPH DQG DGGUHVV
DQG
F
7KH QDPHV DQG DGGUHVVHVRI DQ\ LQMXUHG SHUVRQV DQG ZLWQHVVHV :$,9(5 2)75$16)(52)5,*+762)5(&29(5<$*$,167 27+(567286 6(&7,21 ,9 %86,1(66 $872 &21',7,216 3DUDJUDSK $ 7UDQVIHU 2I 5LJKWV 2I 5HFRYHU\ $JDLQVW 2WKHUV 7R8VLVDPHQGHGE\WKH DGGLWLRQ RIWKHIROORZLQJ
,I WKH SHUVRQ RU RUJDQL]DWLRQ KDV LQD ZULWWHQ DJUHHPHQWZDLYHG WKRVH ULJKWV EHIRUH DQ DFFLGHQW RU ORVVRXU ULJKWVDUHZDLYHGDOVR
+,5('$872 &29(5$*(7(55,725<
6(&7,21 ,9 %86,1(66 $872 &21',7,216 3DUDJUDSK % 3ROLF\ 3HULRG &RYHUDJH 7HUULWRU\ LV DPHQGHGE\WKH DGGLWLRQ RIWKHIROORZLQJ
I )RU DXWRV KLUHG GD\V RU OHVV WKH FRYHUDJH WHUULWRU\ LV DQ\ZKHUH LQ WKH ZRUOG SURYLGHG WKDW WKH LQVXUHG¶V UHVSRQVLELOLW\WR SD\IRU GDPDJHV LV GHWHUPLQHG LQ D VXLW RQ WKH PHULWV LQ WKH 8QLWHG 6WDWHV WKH WHUULWRULHV DQG SRVVHVVLRQVRI WKH 8QLWHG 6WDWHV RI $PHULFD3XHUWR 5LFRRU&DQDGD RULQ DVHWWOHPHQW ZH DJUHH WR
RI
3ROLF\
$& Q
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 /LEHUW\0XWXDO,QVXUDQFH
,QFOXGHVFRS\ULJKWHGPDWHULDO RI,QVXUDQFH6HUYLFHV2IILFH,QFZLWK 3LWVDJSHHUPLVRVILR 7KLVH[WHQVLRQ RI FRYHUDJH GRHV QRW DSSO\ WR DQ DXWR KLUHG OHDVHG UHQWHG RU ERUURZHG ZLWK D GULYHU
35,0$5< $1' 121&2175,%87,1* ,)5(48,5('%<:5,77(1&2175$&725:5,77(1$*5(( 0(17
7KHIROORZLQJ LVDGGHG WR6(&7,21 ,9 %86,1(66 $872 &21',7,216*HQHUDO &RQGLWLRQV %2WKHU ,QVXUDQFH DQG VXSHUVHGHVDQ\ SURYLVLRQ WRWKH FRQWUDU\
7KLV &RYHUDJH )RUP¶V &RYHUHG $XWRV /LDELOLW\ &RYHUDJH LV SULPDU\ WR DQG ZLOO QRW VHHN FRQWULEXWLRQ IURPDQ\ RWKHU LQVXUDQFH DYDLODEOH WR DQLQVXUHG XQGHU \RXU SROLF\SURYLGHG WKDW
6XFK LQVXUHGLVD1DPHG ,QVXUHG XQGHU VXFK RWKHU LQVXUDQFH DQG
<RXKDYHDJUHHG LQ D ZULWWHQ FRQWUDFW RU ZULWWHQ DJUHHPHQW WKDW WKLV LQVXUDQFH ZRXOG EH SULPDU\ DQG ZRXOG QRW VHHNFRQWULEXWLRQ IURPDQ\ RWKHULQVXUDQFH DYDLODEOH WR VXFK LQVXUHG 6(&7,21 9'(),1,7,216LVDPHQGHG DVIROORZV
%2',/<,1-85< 5('(),1('
8QGHU 6(&7,21 9'(),1,7,216'HILQLWLRQ &LV UHSODFHG E\WKH IROORZLQJ
%RGLO\ LQMXU\ PHDQV SK\VLFDOLQMXU\ VLFNQHVV RUGLVHDVH VXVWDLQHGE\D SHUVRQ LQFOXGLQJ PHQWDO DQJXLVKPHQWDOLQMXU\ VKRFN IULJKW RU GHDWK UHVXOWLQJ IURPDQ\ RIWKHVH DWDQ\WLPH RI
3ROLF\
$& Q
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 :$,9(52)2855,*+7725(&29(5)52027+(56(1'256(0(17&$/,)251,$ :HKDYHWKHULJKWWRUHFRYHURXUSD\PHQWVIURPDQ\RQHOLDEOHIRUDQLQMXU\FRYHUHGE\WKLVSROLF\:HZLOO QRWHQIRUFHRXUULJKWDJDLQVWWKHSHUVRQRURUJDQL]DWLRQQDPHGLQWKH6FKHGXOH 7KLVDJUHHPHQWDSSOLHV
RQO\WRWKHH[WHQWWKDW\RXSHUIRUPZRUNXQGHUDZULWWHQFRQWUDFWWKDWUHTXLUHV\RXWRREWDLQWKLV DJUHHPHQWIURPXV
<RXPXVWPDLQWDLQSD\UROOUHFRUGVDFFXUDWHO\VHJUHJDWLQJWKHUHPXQHUDWLRQRI\RXUHPSOR\HHVZKLOH HQJDJHGLQWKHZRUNGHVFULEHGLQWKH6FKHGXOH
7KHDGGLWLRQDOSUHPLXPIRUWKLVHQGRUVHPHQWVKDOOEH RIWKH&DOLIRUQLDZRUNHUV FRPSHQVDWLRQ
SUHPLXPRWKHUZLVHGXHRQVXFKUHPXQHUDWLRQ
6FKHGXOH
3HUVRQRU2UJDQL]DWLRQ -RE'HVFULSWLRQ
:LWK UHVSHFW WR DOO HPSOR\HHV VXEMHFW WR WKH
ZRUNHUV
FRPSHQVDWLRQ ODZV RI WKH VWDWH RI
&DOLIRUQLD DQ\ SHUVRQ RU RUJDQL]DWLRQ IRU ZKRP
WKH 1DPHG ,QVXUHG KDV DJUHHG E\ ZULWWHQ
FRQWUDFWWRIXUQLVKWKLVZDLYHU
7KLVSROLF\LVVXEMHFWWRDPLQLPXPFKDUJHRIIRUWKHLVVXDQFHRIZDLYHUVRIVXEURJDWLRQ 7KLVHQGRUVHPHQWFKDQJHVWKHSROLF\WRZKLFKLWLVDWWDFKHGDQGLVHIIHFWLYHRQWKHGDWHLVVXHGXQOHVVRWKHUZLVHVWDWHG
7KHLQIRUPDWLRQEHORZLVUHTXLUHGRQO\ZKHQWKLVHQGRUVHPHQWLVLVVXHGVXEVHTXHQWWRSUHSDUDWLRQRIWKHSROLF\
,VVXHGWR
3UHPLXP
75%$1'$662&,$7(6
&DUULHU&RGH
(QGRUVHPHQW1R
&RXQWHUVLJQHGDW RQ %\
:&
$XWKRUL]HG5HSUHVHQWDWLYH
(G
E\WKH:RUNHUV
&RPSHQVDWLRQ,QVXUDQFH5DWLQJ%XUHDXRI&DOLIRUQLD$OOULJKWVUHVHUYHG :25.(56&203(16$7,21$1'(03/2<(56/,$%,/,7<,1685$1&( :& 3ROLF\(,*
(G
7KLVHQGRUVHPHQWHIIHFWLYH DW
$0VWDQGDUGWLPHIRUPVDSDUWRI
3ROLF\1R (,*
2IWKH (03/2<(5635()(55(',16&2
'RFX6LJQ(QYHORSH,'
%')$%$'$)%
'%' DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 RESOLUTION NO. 23-139 N.C.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO
APPROVING AN AMENDMENT TO THE CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH TRB & ASSOCIATES, INC. FOR BUILDING SERVICES NOT TO EXCEED $200,000, THROUGH MARCH 28, 2024 AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
WHEREAS, the Building Division’s current staffing level is not sufficient to support the work required to function appropriately and an outside consultant is required to provide technical expertise to process building permit applications in a timely manner and to support inspection services; and
WHEREAS, TRB & Associates, Inc. is well-qualified, willing, and able to provide such staffing and building services; and
WHEREAS, the City’s Planning and Development Services Department has sufficient funds in its Professional Services budget to pay for this work.
NOW, THEREFORE BE IT RESOLVED that the Council hereby approves an Amendment to the Consultant and Professional Services Agreement between the City of Vallejo and TRB & Associates, Inc., attached hereto as Exhibit A, in an amount not to exceed $200,000 through March 28, 2024.
BE IT FURTHER RESOLVED that the Council hereby authorizes the City Manager to execute the aforementioned Amendment.
Adopted by the City Council of the City of Vallejo at a special meeting held on August 29, 2023, with the following vote:
AYES: Mayor McConnell, Vice Mayor Verder-Aliga, Councilmembers Arriola, LoeraDiaz, Matulac, and Palmares NOES: None
ABSENT: Councilmember Bregenzer
ABSTAIN: None
ROBERT H. MCCONNELL, MAYOR
ATTEST:
DAWN G. ABRAHAMSON, CITY CLERK
DocuSign Envelope ID: 1DF1315D-1B1B-48F9-90CF-D434A3901005 Certificate Of Completion
Envelope Id: 1DF1315D1B1B48F990CFD434A3901005 Status: Completed Subject: TRB First Amendment to Professional Services Agreement 23-PS149_LZ- Final Source Envelope:
Document Pages: 128 Signatures: 6 Envelope Originator:
Certificate Pages: 6 Initials: 6 Anthony Cook
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
555 Santa Clara St
Vallejo, CA 94590
[email protected]
IP Address: 71.128.39.127
Record Tracking
Status: Original
8/31/2023 1:04:03 PM
Holder: Anthony Cook
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Vallejo Location: DocuSign Signer Events Signature Timestamp
Todd Bailey
[email protected]
President
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 67.164.56.82
Sent: 8/31/2023 1:10:20 PM
Viewed: 8/31/2023 1:27:02 PM
Signed: 8/31/2023 1:27:12 PM
Electronic Record and Signature Disclosure:
Accepted: 8/31/2023 1:27:02 PM
ID: f501e9e7-311b-41ab-abf4-3223f7fb1355
Christina Ratcliffe
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 71.128.39.127
Sent: 8/31/2023 1:27:17 PM
Resent: 9/1/2023 9:10:30 AM
Viewed: 9/1/2023 11:50:27 AM
Signed: 9/1/2023 11:50:36 AM
Electronic Record and Signature Disclosure:
Accepted: 2/9/2021 6:42:03 AM
ID: e7ed1df6-7283-4780-9d61-7b275de9aa19
Armond Sarkis
[email protected]
Risk Manager
City of Vallejo
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 73.222.50.107
Sent: 9/1/2023 11:50:42 AM
Viewed: 9/1/2023 12:18:19 PM
Signed: 9/1/2023 12:20:36 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Allen French
[email protected]
Purchasing Manager
City of Vallejo
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 71.128.39.127
Sent: 9/1/2023 12:20:42 PM
Viewed: 9/5/2023 10:01:50 AM
Signed: 9/5/2023 10:02:00 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signer Events Signature Timestamp
Veronica A.F. Nebb
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 75.101.37.162
Sent: 9/5/2023 10:02:06 AM
Resent: 9/5/2023 3:01:49 PM
Resent: 9/6/2023 11:06:14 AM
Resent: 9/7/2023 11:58:53 AM
Viewed: 9/8/2023 5:42:23 PM
Signed: 9/8/2023 5:45:25 PM
Electronic Record and Signature Disclosure:
Accepted: 6/23/2021 5:11:28 PM
ID: efeca5c8-5bd2-4390-adf5-bad54db96447
Michael Malone
[email protected]
City Manager
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 71.128.39.127
Sent: 9/8/2023 5:45:31 PM
Resent: 9/11/2023 9:12:36 AM
Viewed: 9/11/2023 9:22:38 AM
Signed: 9/11/2023 9:22:48 AM
Electronic Record and Signature Disclosure:
Accepted: 4/12/2020 2:08:19 PM
ID: a860947a-3e66-4b93-b9ec-f5e39f7bbae0
Dawn G. Abrahamson
[email protected]
City Clerk
City of Vallejo
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 166.137.163.39
Sent: 9/11/2023 9:22:54 AM
Viewed: 9/11/2023 10:15:25 AM
Signed: 9/11/2023 10:15:32 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Angelina Joya
[email protected]
Deputy City Clerk
City of Vallejo
Security Level: Email, Account Authentication
(None)
Sent: 9/11/2023 10:15:38 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Anthony Cook
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 9/11/2023 10:15:39 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 8/31/2023 1:10:20 PM
Certified Delivered Security Checked 9/11/2023 10:15:25 AM Signing Complete Security Checked 9/11/2023 10:15:32 AM Completed Security Checked 9/11/2023 10:15:39 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Vallejo (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.
Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 10/10/2019 1:09:10 PM Parties agreed to: Todd Bailey, Christina Ratcliffe, Veronica A.F. Nebb, Michael Malone Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
How to contact City of Vallejo:
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
To contact us by email send messages to: [email protected] To advise City of Vallejo of your new email address
To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your account preferences.
To request paper copies from City of Vallejo
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Vallejo
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guidesigning-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
Until or unless you notify City of Vallejo as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Vallejo during the course of your relationship with City of Vallejo.
Mar 28, 2023 10:39 AM, 1084671629
Contract and Routing Form
Requisition Number: 1084657934
Date Originated:
Finance Department ∙ 555 Santa Clara Street ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4592 Department: Planning and Building Services, Building Division Staff Contact: Anthony Cook, [email protected] Contract Type: Professional Services Agreement
Vendor: TRB & Associates Inc. Vendor Number:102771
Business License Number: 11706456
Contract Not to Exceed Amount: 100000.00
Contract Start Date: Mar 28, 2023 End Date: Mar 28, 2024 Option to Extend: City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one year, by written notice to Consultant. The total duration of this Agreement, including the exercise of any options under this section, shall not exceed three years.
Authority to Contract: City Manager
Other Comments:
Insurance attached
Pre-req attached
Attachments are uploaded for review here: https://bit.ly/vContracts Approved Pre-Requisition Form
Insurance
I have uploaded additional files.No
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D Contract and Routing Form
Signature Page
Department Initial Date Comment
Originating Department/Division
Risk Manager
Finance Department
City Attorney
City Manager
City Clerk
Return executed contract to: Anthony Cook
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D 3/28/2023
3/28/2023
3/29/2023
3/29/2023
3/29/2023
3/29/2023
TRB & Associates Inc. Professional Services Agreement Page 1 of 10
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT
TRB & ASSOCIATES INC.
This Consultant and Professional Services Agreement ("Agreement") is made at Vallejo, California, dated for reference this 28th day of March, 2023, by and between the City of Vallejo, a municipal corporation ("City"), and TRB & Associates Inc., a California corporation, hereinafter referred to as “Consultant”, who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide the City professional services as specified in Exhibit A, entitled “As-Needed Outside Plan Review, Permitting, and Field Inspection Services,” hereinafter referred to as “Scope of Work.”
2. Payment. City shall pay Consultant for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit B, entitled “Compensation.” The payments specified in Exhibit B shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement.
3. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.
4. Indemnification. Consultant shall indemnify, hold harmless, and defend City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, consultant’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Consultant’s operations, or any subcontractor’s operations, to be performed under this agreement for Consultant’s or subcontractor’s tort negligence including active or passive, or strict negligence, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of Consultant, or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by the law, regardless to any limitation by insurance, with the exception of the sole negligence or willful misconduct of the City.
The provisions of this section shall survive the expiration or termination of this Agreement.
5. Insurance Requirements. Consultant agrees to comply with all of the Insurance Requirements set forth in Exhibit C, entitled “Insurance Requirements DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D
TRB & Associates Inc. Professional Services Agreement Page 2 of 10 for Consultant.” Failure to maintain required insurance at all times shall constitute a default and material breach.
6. Accident Reports. Consultant shall immediately report (as soon as feasible, but not more than 24 hours) to the City Risk Manager any accident or other occurrence causing injury to persons or property during the performance of this Agreement. The report shall be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses, and telephone numbers of any known witnesses, (c) the date, time, and description of the accident or other occurrence.
7. Conflict of Interest. Consultant warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Consultant’s family, business, real property or financial interests and the services to be provided under this Agreement. Consultant shall comply with the City of Vallejo Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event of a change in Consultant’s family, business, real property, or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Consultant shall disclose such conflict in writing to City. Every individual who performs services on behalf of Consultant pursuant to this Agreement must file a full Statement of Economic Interests (also known as Form 700) with the City Clerk if the work of the individual involves making a governmental decision whether to issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; authorizes the City to enter into, modify, or renew a contract; grants City approval of specifications for a contract; adopts or approves for the City any policy, standard or guideline; lobbies on behalf of the City, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code.
8. Independent Contractor. Consultant is an independent contractor.
Neither Consultant nor any of Consultant’s officers, employees, agents, or subcontractors, if any, is an employee of City by virtue of this Agreement or performance of any services pursuant to this Agreement. City shall have the right to control Consultant only insofar as the results of Consultant’s services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes services pursuant to this Agreement.
9. Licenses, Permits, Etc. Consultant represents and warrants to City that all consultant services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Agreement and that Consultant has all the permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that it shall, at its sole cost DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D
TRB & Associates Inc. Professional Services Agreement Page 3 of 10 and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession.
10. Business License. Consultant, and its subcontractors, has obtained or agrees to apply prior to performing any services under this Agreement to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Consultant until such business license(s) has been obtained.
11. Standard of Performance. Consultant shall provide products and perform all services required pursuant to this Agreement in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by a member of Consultant’s profession currently practicing in California.
Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation applicable federal, state, and local laws and regulations, and all other contingencies or considerations.
Consultant’s responsibilities under this section shall not be delegated. Consultant shall be responsible to City for acts, errors, or omissions of Consultant’s subcontractors.
Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work and shall prepare plans, reports, and/or other work products in such a way that additional costs will not be incurred beyond a project budget approved or amended by the City Manager or his or her designee.
Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this Agreement and determining whether the Consultant is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not relieve the Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Consultant.
12. Force Majeure. Neither party shall be considered in default of this Agreement to the extent performances are prevented or delayed by causes or DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D
TRB & Associates Inc. Professional Services Agreement Page 4 of 10 circumstances beyond either party’s reasonable control, such as war, riots, strikes, lockouts, work slowdown or stoppage, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts.
In the event that the Consultant is unable to meet the completion date or schedule of services, Consultant shall immediately inform the City Representative of this in writing. If additional time is required to perform the work, the City Representative may adjust the schedule.
13. Time is of the Essence. Time is of the essence in this Agreement. Any reference to days means calendar days, unless otherwise specifically stated.
14. Personnel. Consultant agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement.
The payment made to Consultant pursuant to this Agreement shall be the full and complete compensation to which Consultant and Consultant’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Consultant nor Consultant’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Consultant. The City shall not be required to pay any workers' compensation insurance on behalf of Consultant.
Consultant shall pay, when and as due, any and all taxes incurred as a result of Consultant’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
15. Consultant Not Agent. Except as authorized under this Agreement or as City may authorize in a letter of authorization signed by the City Manager or his or her designee, Consultant shall have no authority, express or implied to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, under this Agreement, to bind City to any obligation whatsoever.
16. Term. The term of this Agreement shall commence on March 28, 2023 and shall continue in full force and effect until March 28, 2024.
City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one year, by written notice to Consultant. The total duration of this Agreement, including the exercise of any options under this section, shall not exceed three years.
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D
TRB & Associates Inc. Professional Services Agreement Page 5 of 10 If the term of this Agreement extends into fiscal years subsequent to that in which it is initially approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo.
If funds to effect such continued payment are not appropriated, Consultant agrees to terminate any services supplied to City of Vallejo under this Agreement, and relieve City of any further obligation therefore.
17. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate or abandon any portion or all of the services to be provided under this Agreement by giving notice to Consultant.
Upon receipt of a notice of termination, Consultant shall perform no further work except as specified in the notice. Before the date of termination, Consultant shall deliver to City all City records and documents, all work product, whether completed or not, as of the date of termination and not otherwise previously delivered.
The City shall pay Consultant for services performed in accordance with this Agreement before the date of termination. If this contract provides for payment of a lump sum for all services or by task and termination occurs before completion of the work or any defined task which according to the performance schedule was commenced before the notice of termination, the fee for services performed shall be based on an amount mutually agreed to by City and Consultant for the portion of work completed in conformance with this Agreement before the date of termination. In addition, the City will reimburse Consultant for authorized expenses incurred and not previously reimbursed. The City shall not be liable for any fees or costs associated for the termination or abandonment except for the fees, and reimbursement of authorized expenses, payable pursuant to this section.
18. Products of Consulting Services. The work product, including without limitation, all writings, work sheets, reports, recordings, drawings, files, detailed calculations and other work products, whether complete or incomplete, of Consultant resulting from services rendered pursuant to this Agreement, shall become the property of City. Consultant agrees that all copyrights which arise from creation of the work under this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Consultant makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.
Documents submitted to the City in electronic format shall be formatted according to specifications provided by the City, or if not otherwise specified, in Microsoft Word, Excel, PowerPoint or other Microsoft Office Suite (2002) format as appropriate for the particular work product or, if directed by the City Representative in Adobe Acrobat PDF format.
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D
TRB & Associates Inc. Professional Services Agreement Page 6 of 10
19. Cooperation by City. City shall, to the extent reasonable and practicable, assist and cooperate with Consultant in the performance of Consultant’s services hereunder.
20. Assignment and Subcontracting. Consultant shall not subcontract, assign or transfer voluntarily or involuntarily any of its rights, duties or obligation under this Agreement without the express written consent of the City Manager or his or her designee in each instance. Any attempted or purported assignment of any right, duty or obligation under this Agreement without said consent shall be void and of no effect.
If subcontracting of work is permitted, Consultant shall pay its subcontractor within ten (10) days of receipt of payment by City for work performed by a subcontractor and billed by the Consultant. Use of the term subcontractor in any other provision of this contract shall not be construed to imply authorization for Consultant to use subcontractors for performance of any service under this Agreement.
The City is an intended beneficiary of any work performed by Consultant’s subcontractor for purposes of establishing a duty of care between the subcontractor and City.
Any subcontractor or assignee consented to by City shall be bound by all terms and conditions of this agreement and the same shall be incorporated into and made a part of any assignment or subcontractor agreement.
21. Successors and Assigns. All terms, conditions, and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this section is intended to affect the limitation on assignment.
22. Non-Discrimination/Fair Employment Practices.
(a) Consultant shall not, because of race, religious creed, color, sex, national original, ancestry, disability, medical condition, age, marital status or sexual orientation of any person, refuse to hire or employ, or to bar or discharge from employment, or to discriminate in compensation, or in terms, conditions or privileges any person, and every employee will receive equal opportunity for employment and shall be granted equal treatment with respect to compensation, terms, conditions or other privileges of employment, without regard to his race, religious creed, color, sex, national origin, ancestry, or disability, medical condition, age, marital status or sexual orientation.
Consultant warrants and represents it is an equal opportunity employer and agrees it shall not discriminate on the basis of race, religious creed, color, sex, national origin, ancestry, disability, medical condition, age, marital status or sexual DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D
TRB & Associates Inc. Professional Services Agreement Page 7 of 10 orientation in the selection and retention of employees, subcontractors or procurement of materials or equipment.
In all solicitations either by competitive bidding or negotiations made by Consultant for work to be performed under any subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Consultant of Consultant’s obligation under this Agreement relative to nondiscrimination and fair employment practices.
Consultant shall include the above provisions of this section in every subcontract, including procurement of materials or equipment.
(b) Consultant agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations and City ordinances and regulations hereinafter enacted.
23. Notices. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to:
If to City: Steve Arnold
Chief Building Official
Building Division
555 Santa Clara St.
Vallejo, CA 94590
[email protected]
If to Consultant: Todd Bailey
President
TRB & Associates Inc.
3180 Crow Canyon Place, Ste 216
San Ramon, CA 94583
[email protected]
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.
24. Integration Clause. This Agreement, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. This Agreement shall not be amended or modified except by a written agreement executed by each of the parties hereto.
25. Severability Clause. Should any provision of this Agreement ever be DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D
TRB & Associates Inc. Professional Services Agreement Page 8 of 10 deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.
26. Law Governing. This Agreement shall in all respects be governed by the law of the State of California without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of Solano County in the State of California or in the United States District Court, Eastern District of California, Sacramento, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
27. Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder.
28. Ambiguity. The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.
29. Gender. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural, as the identifications of the person or persons, firm or firms, corporation or corporations may require.
30. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.
31. Compliance with Laws. Consultant will comply with all statutes, regulations and ordinances in the performance of all services under this Agreement.
32. Confidentiality of City Information. During the performance of services under this Agreement, Consultant may gain access to and use City information regarding, but not limited to, procedures, policies, training, operational practices, and other vital information (hereafter collectively referred to as "City Information") which are valuable, special and unique assets of the City. Consultant agrees that it will not use any information obtained as a consequence of the performance of services under this Agreement for any purpose other than fulfillment of Consultant’s scope of work , to protect all City Information and treat it as strictly confidential and proprietary to City, and that it will not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party, other than its own employees, agents or subcontractors who have a need for the City Information for the performance of services under this Agreement, without the prior written consent of City, or as required by law.
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D
TRB & Associates Inc. Professional Services Agreement Page 9 of 10 Consultant shall treat all records and work product prepared or maintained by Consultant in the performance of this Agreement as confidential.
A violation by Consultant of this section shall be a material violation of this Agreement and will justify legal and/or equitable relief.
Consultant’s obligations under this section shall survive the completion of services, expiration or termination of this Agreement.
33. News and Information Release. Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Representative.
34. City Representative. The City Representative specified in Exhibit A, or the representative's designee, shall administer this Agreement for the City.
35. Counterparts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.
36. Facsimile Signature; Electronic Signature. This Agreement shall be binding upon the receipt of facsimile signatures or e-mailed by PDF or otherwise.
Any person transmitting his or her signature by facsimile or electronically shall promptly send an original signature to the other party pursuant to the notice provision of this Agreement. The failure to send an original shall not affect the binding nature of this Agreement.
37. Authority. The person signing this Agreement for Consultant hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Consultant.
38. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:
Exhibit A, entitled “Scope of Work,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments [SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D
TRB & Associates Inc. Professional Services Agreement Page 10 of 10 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.
TRB & ASSOCIATES INC.,
a California corporation
By:
Todd Bailey
President
DATE:
11706456
Vallejo Business License No.
(City Seal)
CITY OF VALLEJO,
a municipal corporation
By:
Mike Malone
City Manager
DATE:
ATTEST:
By:
Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:
Christina Ratcliffe
Planning & Development Services
Director
APPROVED AS TO FORM:
Veronica A.F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
Armond Sarkis
Risk Manager
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D 3/28/2023 3/29/2023
San Ramon
Santa Clara
Long Beach
Proposal to provide to the
City of
Vallejo
As-Needed Outside
Plan Review, Permitting
and Field Inspection
Services
Todd Bailey, PE, LEED AP, CASp, MBA
Principal-in-Charge
925.866.2633
[email protected]
Sacramento
June 9, 2022
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D EXHIBIT A CITY OF VALLEJO | AS-NEEDED OUTSIDE PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES
PROPOSAL TO PROVIDE
As-Needed Outside Plan Review,
Permitting and Field Inspection
Services
June 9, 2022
PRESENTED TO:
The City of Vallejo | Building Inspection Division
Attn: Steve Arnold, Chief Building Official
555 Santa Clara Street, 2nd Floor, City Hall
Vallejo, CA 94590
CONTACT INFORMATION:
Todd Bailey, P.E., LEED AP, CASp, MBA
Principal-in-Charge
Tel: 925-866-2633
Email: [email protected]
TRB and Associates, Inc.
3180 Crow Canyon Place, Suite 216
San Ramon, CA 94583
Tel: 925-866-2633
Fax: 925-790-0011
www.trbplus.com
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D Corporate Office Silicon Valley Office Vallejo Office Southern California Office 3180 Crow Canyon Place, Suite 216 1265 El Camino Real, Suite 209 1900 Point West way, Suite 261 4182 N Viking Way, Suite 204 San Ramon, CA 94583 Santa Clara, CA 95050 Vallejo, CA 95815 Long Beach, CA 90808 Tel: 925.866.2633 Tel: 408.642.1068 Tel: 916.384.0900 Tel: 562.566.4144 www.TRBplus.com
June 9, 2022
City of Vallejo Building Division | Attn: Steve Arnold, CBO 555 Santa Clara Street, 2nd Floor, City Hall
Vallejo, CA 94590-5934
SUBJECT: TRB and Associates Proposal to Provide As-Needed Outside Plan Review, Permitting, and Field Inspection Services TRB and Associates, Inc. (TRB) is pleased to submit this Proposal to Provide As-Needed Outside Plan Review, Permitting, and Field Inspection Services to the City of Vallejo for consideration. We have reviewed the contents of the City’s RFP and are prepared to provide the requested scope of services. We look forward to the opportunity to partner with the City of Vallejo Community Development Department on this assignment.
For this engagement, Todd Bailey, P.E., CASp, LEED AP, MBA will serve as the Project Manager responsible for ensuring timely delivery of quality support services. To confirm, Todd will be managing all services provided to the City from TRB’s San Ramon office. The balance of our proposed key staff is identified in Section A and Appendix 1 of our proposal. All correspondence and questions related to this proposal may be directed to the Project Manager, Todd Bailey using email, telephone, and/or direct mail.
Todd Bailey, PE, CASp, LEED AP, MBA
T: (925) 866-2633
C: (925) 876-4596
Email: [email protected]
Project Office Location
TRB and Associates, Inc.
3180 Crow Canyon Place, Suite 216
San Ramon, CA 94583
TRB and Associates provides Plan Review, Inspection, Delegate Chief Building Official, and CASp services to municipal building and public works departments throughout California. Our corporation, which comprises over 50 team members, was established in 2006 and has been a growing business since its founding. We specialize and serve exclusively in the code compliance role. We would like to highlight the following about the company:
• Our firm is engaged to provide as-needed Building Department and related services to over 50 municipalities in Northern California, including the nearby Cities of Benicia, Fairfield, Richmond, Martinez, and Sacramento. As a result, our team is very familiar with the many region-specific considerations that need to be considered when evaluating code compliance including flood zone, seismic design, wind exposure, soil/liquefaction, wildland urban interface, and landslide criteria.
Of note, the TRB team provided same-day damage assessment inspection support, and in the days that followed, expedited plan review support to the City of Vallejo in response to the August 2014 Napa Earthquake. • As a value-added service, noted instructor Paul Armstrong will be available to provide code training to City staff and invited guests on the California Building Codes Standards if desired by the City.
• The staff of TRB includes licensed Civil, Structural, Mechanical, Fire Protection, and Electrical Engineers; Architects; and ICC, CASp, LEED®, and SAP/ATC 20 certified individuals who have an average 25 years of experience in the architecture-engineering-construction industry. • Our staff are active in industry organizations such as ICC, CALBO, and CBOAC. Of note, TRB’s roster includes past ICC Chapter Presidents and a CBOAC Board Member: Todd Bailey (East Bay Chapter 2009), Paul Armstrong (Orange Empire Chapter 2019), & Shelley Loughran (CBOAC 2022). • Our firm was recognized as Industry Member of the Year by the City Building Officials Association of California (CBOAC) in 2019. • We have a strong track record of producing quality results and meeting turnaround goals, a track record to which our clients will attest.
Our firm looks forward to the opportunity to assist the City of Vallejo as a Building Safety Services provider and is prepared to enter into an agreement with the City immediately. To confirm, TRB and Associates has reviewed the City’s Agreement and is able to meet all requirements. If you have questions or need further information, please do not hesitate to contact Todd Bailey by phone at (925) 876-4596 or by email at [email protected]. We look forward to hearing your feedback soon.
Sincerely,
TRB and ASSOCIATES, INC.
Todd Bailey, P.E., LEED AP, CASp, MBA
ICC Certified Building Plans Examiner + Combination Commercial Inspector | President DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED OUTSIDE PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES table of contents
Table of Contents
Cover Letter
Section A | Information About the Firm
Section B | Approach to Completing Scope of Services
Section C | Fee Schedule
Section D | References
Section E | Consultant & Professional Services Agreement/Insurance
Appendix 1 | Resumes
Appendix 2 | Undue Influence Statement
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-1 Firm Profile
TRB and Associates, Inc. (TRB) is a California based Building and Fire Life Safety services corporation with offices in San Ramon, Sacramento, Santa Clara, and Long Beach. To confirm, all work for this contract will be performed out of our San Ramon office.
Consultant Information
TRB and Associates, Inc.
3180 Crow Canyon Place, Suite 216, San Ramon, CA 94583
T: (925) 866-2633
F: (925) 790-0011
website: www.trbplus.com
Year Established
TRB was established in 2006 and has been a growing organization since its founding.
Primary Contacts within the Company
Firm’s Owner & Project Manager (contact for RFP process) Todd Bailey, PE, LEED AP, CASp, MBA
T: (925) 866-2633
Email: [email protected]
Technical Director
Paul Armstrong, PE, CBO
T: (925) 866-2633
Email: [email protected]
Building Plan Review Services Manager
Bing Young, RA
T: (925) 866-2633
Email: [email protected]
Building Inspection Services Manager
Doug Simms, CBO, CASp, CHST
T: (925) 866-2633
Email: [email protected]
All correspondence and questions related to this RFP may be directed to Todd Bailey.
Number of Employees in Firm
TRB and Associates has a combined team of over 50 employees, the majority of which are based out of our San Ramon office location.
INFORMATION ABOUT THE FIRM section a
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED OUTSIDE PLAN REVIEW, PERMITTING, AND FIELD INSPECTION SERVICES A-2
REFERENCES
Consultant Specialties
TRB and Associates specializes in and offers the following services to its clients:
Building and Fire Plan Review
Building and Fire Inspection
Building Department Administration
Code Enforcement Inspection
Consulting Chief Building Official
Disabled Access (CASp) Consulting
Building Standards Codes Training
Civil Plan Review and Inspection
TRB has extensive resources and a large pool of licensed engineers and certified building safety experts, equipped to handle all typical building department needs including building, civil, and fire plan check, building and civil inspection, permit processing, disabled access (CASp) compliance, and building official services. Our professionals have extensive experience in commercial, residential, industrial, and institutional projects of all sizes and complexities, and are able to tailor solutions specific to the City’s needs.
Staff experience encompasses a full range of construction types and occupancies including the following:
List of Lead Professional Personnel
by Area of Expertise
Our proposed team is comprised of senior-level professionals most of whom have worked together across many large designbuild projects and who possess an average of 25 years of experience in the Architecture-Engineering-Construction (AEC) industry. We are pleased to be able to present a team with this combination of interpersonal familiarity and extensive AEC experience. We would like to highlight that the majority of our team members have worked together for over five years on a myriad of project types. Our proposed Key Project Team members are presented on following page.
Assembly Occupancies
Commercial Tenant Improvements
Detention Facilities
Distribution Centers
Gas Stations
Hazardous Chemical Facilities
High Rise Buildings
Hospitals
Hotels
Industrial/Storage Warehouses
Malls
Manufacturing Facilities
Steel Buildings
Medical Office Buildings
Mixed-Use Projects
Multi-Family Dwellings
Office Buildings
Parking Structures
Power Plant Facilities
Recreation/Gymnasium Facilities
Restaurants
Retail Centers
Schools
Single Family Dwellings
Sports Arenas
Theaters
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED OUTSIDE PLAN REVIEW, PERMITTING, AND FIELD INSPECTION SERVICES A-3
INFORMATION ABOUT THE FIRM
Key Project Team Members
TRB’s team of professionals are prepared to provide the proposed services of As-Needed Outside Plan Review, Permitting and Field Inspection Services as outlined in the City’s RFP in an efficient manner, and in the best interest of the City of Vallejo. Mindful of the potential complexity of projects in the City of Vallejo, TRB and Associates has assembled a team that has worked together for many years and have built strong relationships based on understanding, appreciation, and the drive to deliver the highest quality service for our clients. We would like to highlight that our Project Manager, Plan Review, Inspection & Onsite Services Managers are well tenured in the industry.
PROJECT MANAGER
Todd Bailey, PE, LEED AP, CASp, MBA, our company Principal and Founder, will serve in the role of Project Manager for this engagement and will be the main point of contact for the City. Todd has over 25 years of experience in the industry which includes serving as a Delegate Chief Building Official for the California Energy Commission on over 14 large-scale fast-track design build projects in California having a combined valuation of over $10 billion. Todd will work closely with our team to ensure that project goals are met and that findings are communicated in a timely and clear manner.
PLAN REVIEW TEAM LEADERSHIP
Our plan review group is led by our Plan Review Services Manager, Bing Young, RA. Bing possesses extensive experience in plan review on both residential and commercial projects and includes more than 25 years of professional experience in production, project management, construction management, energy, and accessibility analysis. Bing will have overall responsibility for Plan Review Services on this assignment.
Dominic Ma, SE, MPA serves as our Quality Control Principal, responsible for ensuring the technical accuracy of the work performed. Dominic has more than 30 years of experience in reviewing building plans and specifications submitted for building permit applications to assure compliance with adopted building codes and reference standards.
INSPECTION AND ONSITE SERVICES TEAM LEADERSHIP
Our inspection and onsite services group is led by our Inspection and Onsite Services Manager, Doug Simms, CBO, CASp, CHST. Doug has over 30 years of experience encompassing delegate chief building official, plans examiner and combination commercial, industrial, and residential inspector roles on a variety of projects; his experience includes serving as Supervisor Inspector with the City of San Leandro.
TECHNICAL DIRECTOR & I NSTRUCTOR
As an additional resource, our Technical Director - Paul Armstrong, PE, CBO will be available to assist with code interpretation and training support. With more than 30 years of building safety management experience, Paul teaches regularly for California Building Officials (CALBO) and has developed a number of CALBO training courses. As a Chief Building Official, he managed building plan review, counter assistance, and inspection for numerous California agencies. His previous experience at International Code Council (ICC) included leading the Architectural and Engineering Services Department, International Conference of Building Officials (ICBO) Technical Services Department.
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D
CITY OF VALLEJO | AS-NEEDED OUTSIDE PLAN REVIEW, PERMITTING, AND FIELD INSPECTION SERVICES A-4
INFORMATION ABOUT THE FIRM
Organizational Chart
The following Organization Chart identifies those individuals who are designated to this project. Please note that full Resumes for each listed individual listing project experience, licenses & certifications, and work history are included in Appendix 1 of this proposal. We would like to confirm that key personnel will be available to the extent proposed for the duration of the assignment and acknowledge that no person designated as key to the project shall be removed or replaced without the prior concurrence of the City.
Inspection and Onsite Services
Bing Young, RA
Plan Review Services Manager
Thomas Hemenway SE
Sr. Plan Review Engineer
Karin Kuffel, SE
Sr. Plan Review Engineer
Bill Vaughn, SE
Sr. Plan Review Engineer
Deborah Sandercock, SE,
CASp
Sr. Plan Review Engineer
Mike Kaszpurenko, SE
Sr. Plan Review Engineer
Bill Nagel, SE, CASp
Sr. Plan Review Engineer
Dan McLaughlin, PE, CASp
Sr. Plan Review Engineer
Jeff Brooks, CASp
Sr. Plans Examiner
James Johnson, EE
Sr. Plan Review Engineer
Steven Block, EE
Sr. Plan Review Engineer
Alan Roth, EE
Sr. Plan Review Engineer
Peter Kogan, ME
Sr. Plan Review Engineer
Doug Simms, CBO, CASp, CHST
Inspection & Administrative
Services Manager
Todd Bailey, PE, LEED AP, CASp, MBA
Principal & Project Manager
Jacqueline O’Keefe
Permit Technician
Paul Armstrong, PE, CBO
Technical Director & Instructor Shelley Loughran
Client Relations Manager
Monty Straub
Senior Inspector
Ken Baker
Senior Inspector
Reggie Meigs, CBO
Supervising Inspector
Kevin Mulcahy
Senior Inspector
Dominic Ma, SE, MPA
Quality Control Principal Plan Review
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED OUTSIDE PLAN REVIEW, PERMITTING, AND FIELD INSPECTION SERVICES A-5
INFORMATION ABOUT THE FIRM
Team Experience Matrix
NAME ROLE
YEARS OF
RELEVANT
EXPERIENCE
CERTIFICATIONS
PROJECT M ANAGEMENT
Todd Bailey, PE, CASp,
MBA, LEED AP Principal-In-Charge / Founder 25
Registered Civil Engineer California (#C-56425) Hawaii (#11647) ICC Certified Building Plans Examiner
ICC Certified Commercial Building Inspector
ICC Certified Commercial Electrical Inspector
ICC Certified Commercial Plumbing Inspector
ICC Certified Commercial Mechanical Inspector
LEED Accredited Professional
Certified Accessibility Specialist (CASp-229)
SAP / ATC 20 Certified
DSA-Approved Fire Life Safety Plan Reviewer
Bing Young, RA Plan Review Services Manager 25 Registered Architect, California Doug Simms, CBO, CASp,
CHST Inspection Services Manager 30
Certified Building Official
Combination Building Inspector
Plans Examiner
Building Inspector
Electrical Inspector
Plumbing Inspector
Mechanical Inspector
Green Point Rater
Certified Accessibility Specialist (CASp)
Certified Health Safety Technician
Paul Armstrong, PE, CBO Technical Director & Project
Manager 30 Registered Professional Engineer, CA (#45464) ICC Certified Building Official
Shelley Loughran Client Relations Manager 25
FEMA
Incident Command System, National Response Network
PLAN REVIEW
Dominic Ma, SE, MPA Quality Control Principal 30
Registered Structural Engineer California (#1920)
Registered Civil Engineer California (#20018)
ICC Certified Plans Examiner
Karin Kuffel, SE Sr. Plan Review Engineer 25 Registered Structural Engineer California Bill Vaughn, SE Sr. Plan Review Engineer 30 Registered Structural Engineer, California Registered Civil Engineer California
Deborah Sandercock,
SE, CASp Sr. Plan Review Engineer 25
Structural Engineer, California (4511)
Professional Engineer, CA (56904)
Certified Access Specialist (CASp), California (288)
Dan McLaughlin, PE,
CASp Sr. Plan Review Engineer 10
Registered Civil Engineer, California
Certified Access Specialist (CASp), California (1029)
ICC Certified Plans Examiner
Tom Hemenway, SE Sr. Plan Review Engineer 30 Registered Structural Engineer California (#5348) Registered Civil Engineer California (#52357)
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED OUTSIDE PLAN REVIEW, PERMITTING, AND FIELD INSPECTION SERVICES A-6
INFORMATION ABOUT THE FIRM
NAME ROLE YEARS OF RELEVANT
EXPERIENCE
CERTIFICATIONS
PLAN REVIEW(Continued)
Mike Kaszpurenko, SE Sr. Plan Review Engineer 30 Registered Structural Engineer, California Registered Civil Engineer California
Jeff Brooks, CASp Sr. Plans Examiner 25
Certified Access Specialist (CASp)
ICC Commercial Building Inspector
ICC Commercial Electrical Inspector
Jim Begley, FPE, CFM Fire Protection Engineer 25 Registered Fire Protection Engineer – California ICC Certified Fire Marshal
James Johnson, EE,
QCxP Electrical Plan Review Engineer 30
Registered Electrical Engineer – Hawaii
ICC Certified Electrical Plans Examiner
Qualified Commissioning Services Provider (QCxP)
Construction Quality Control Reviewer (CQCR)
Steven Block, EE Electrical Plan Review Engineer 25 Registered Electrical Engineer California, Nevada, Arizona, Hawaii Alan Roth, EE Sr. Plan Review Engineer 30 Registered Electrical Engineer: California Peter Kogan, ME Mechanical/Plumbing Plan
Review Engineer 30
Registered Professional Mechanical Engineer: California, Hawaii, Nevada, Texas, Colorado, Arizona
Certified Energy Manager (CEM), State of California
LEED Accredited Professional
INSPECTION / CODE ENFORCEMENT / ADMINISTRATION
Reggie Meigs, CBO Supervising Building Inspector 42 CABO Registered Building Official, CBO #1003 ICC Certified Professional Building Official #5215342
Monty Straub Sr. Building Inspector 25
ICC Certified Building Inspector
ICC Certified Mechanical Inspector
ICC Certified Plumbing Inspector
ICC Certified Electrical Inspector
ICC Certified Combination Inspector
Ken Baker Sr. Building Inspector 30 ICC Certified Building Inspector Kevin Mulcahy Sr. Building Inspector 30 ICC Certified Building Inspector Jacqui O’Keefe Sr. Permit Technician 10
Plans Examiner, ICC
Residential Energy Inspector /Plans Examiner, ICC
NFPA 472 Hazardous Materials Awareness
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D
CITY OF VALLEJO | AS-NEEDED OUTSIDE PLAN REVIEW, PERMITTING, AND FIELD INSPECTION SERVICES A-7
INFORMATION ABOUT THE FIRM
Current/Prior Experience with Municipal Projects
TRB and Associates, Inc. (TRB) staff members have extensive experience providing Building Department Services to municipal agencies. As requested in the City RFP document, please find the following profiled projects for your reference. Please note that additional project experience information is also included (follows profiled projects).
UC Davis Health – Aggie Square Mixed Use Project
Valuation: $1.3 – 1.9 billion
Completion Date: In Progress
Project address/location: Sacramento, CA
Project contact person: UC Davis Health; Paul Menard RA, Building Official, (916) 734-7416 Scope of work: Fire Life Safety, Disabled Access, MEP Code Compliance Plan Review TRB was selected to provide Building and Fire Plan Review Services for the Aggie Square Project expansion of the UC Davis Medical Center from 3.5 to 6.2 million sf. The project consists of three high-rise towers and a separate mixed-use building (1.2 million s.f. portion). This multi-phase project includes research, laboratory, housing, and commercial components.
Lakehouse 26-Story High Rise Building (325 Seventh Street) Valuation: $200 million
Completion Date: In Progress
Project address/location: Oakland, CA
Project contact person: City of Oakland; Alain Placedo SE, Supervising Civil Engineer, (510) 238-7110 Scope of work: Combination Code Compliance Plan Review
TRB provided complete Code Compliance Plan Review for a 26-Story Type 1 podium tower with 270 market rate apartment units and accompanying 8-story mid-rise 90 unit affordable apartment building. Both buildings sit on a concrete podium. The podium includes 1 level above and 2 levels below grade, containing parking at all levels and community and retail functions at grade. Occupancy Groups: A, B, F-1, R-2, S-1, S-2.; Type of Construction: I-A; Number of Stories: 26 Building 1, 8 stories Building 2 Sacramento Convention Center Expansion & Renovation
Valuation: $240 million
Completion Date: 2021
Project address/location: Sacramento, CA
Project contact person: City of Sacramento; Winfred DeLeon PE, Building Official, (916) 808-5475 Scope of work: Combination Code Compliance Plan Review
TRB was selected to provide combination Plan Review for the large-scale and high-profile expansion (245,000 s.f.) and renovation (200,000 s.f.) of the City's convention center facility. TRB reviewed the project for adherence to adopted building standards codes in Life Safety, Structural, MEP, Accessibility disciplines. TRB's scope of work included regularly scheduled telecommunication meetings to ensure schedule alignment. In addition, our firm was engaged in the evaluation of Alternate Materials and Methods requests to address several performance-based design elements on the project. Our review included assessment of a fire modeling study presented as part of the performance-based design consideration.
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED OUTSIDE PLAN REVIEW, PERMITTING, AND FIELD INSPECTION SERVICES A-8
INFORMATION ABOUT THE FIRM
Santa Clara Square Mixed Use Development Project
Valuation: $200 million
Completion Date: 2019
Project address/location: Santa Clara, CA
Project contact person: City of Santa Clara; David Tran SE, Assistant Building Official, (408) 615-2436 Scope of work: Combination Code Compliance Plan Review
TRB provided combination plan review support to the City of Santa Clara for a series of Mixed Use, Residential, and Parking structures on the project. Reviewed project elements included:
New Building 2 + Garage:
Occupancy Group: R-2/S-2/M/B
Type of Construction: IIIA/IA
Number of Stories: 5
Floor Area Building 2: 385,000 sf total
New Building 1 + Garage:
Occupancy Group: R-2/S-2/A-3/M/B
Type of Construction: IIIA/IA
Number of Stories: 5
Floor Area Building 1: 400,000 sf total
Parking Garages: Buildings 3, 4 & 5:
Occupancy Group: S-2
Type of Construction: IA
Number of Levels: 6
Floor Area: 525,000 sf total
Monterey Bay Aquarium Learning Center
Completion date: 2019
Valuation: $42 million
Project address/location: Monterey, CA
Project contact person: City of Monterey; John Keuhl, Building Official; Ph: (831) 646-5642 Scope of work: Code Compliance Plan Review
TRB was selected by the City of Monterey to provide complete plan review for this 25,000 s.f. 4 story concrete (Construction type 1B) learning center.
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED OUTSIDE PLAN REVIEW, PERMITTING, AND FIELD INSPECTION SERVICES A-9
INFORMATION ABOUT THE FIRM
Additional Staff Experience - Plan Review
The following is a partial list of plan review projects worked on by our staff members. The project valuation for all below-referenced projects ranges from $1 million to over $1 billion. Please note that client / project contact information is included in Section D – References.
Mixed Use
• New 39-Story High Rise Building, $110 million, 916 Broadway, Oakland, CA • Inglewood NFL Stadium, $1 billion, Inglewood, CA
• Anaheim Regional Transportation Center, Anaheim, CA
• Mixed-use Residential/Office, 630 I Street, Sacramento, CA • Santa Clara Square Project, $200 million, Santa Clara, CA • Mixed-use Residential/Retail/Parking Garage (230,000 s.f.), Los Altos, CA Biotechnology / Healthcare
• Varian Inc. New Medical Research Facility (44,000 s.f.), Walnut Creek, CA • Buck Center, 4th Floor Laboratory (5,750 s.f.), Novato, CA • UC Davis Heath System, Midtown Clinic (100,000 s.f., I2.1 & B occupancies), Sacramento, CA • Cancer Treatment Center (44,000 s.f.), Pleasant Hill, CA • Marin Health Campus - Buildings A-E, County of Marin, CA Government / Civic
• Sacramento Convention Center Expansion, $240 million, Sacramento, CA • Anaheim Convention Center Expansion, Anaheim, CA
• Veteran’s Administration, Menlo Park Campus
• New 2-Story Housing Facility, Menlo Park, CA
• Fire Station Remodel & Addition (12,000 s.f.), County of Marin, CA • Performing Arts Center, County of Marin, CA
• Sonoma Academy School (99,000 sf), Santa Rosa, CA
Commercial
• Organic Material Composting Facility, $120 million, San Leandro, CA • New 6 Story Tech Campus Building, San Leandro, CA
• BJ’s Restaurant, Arden Fair Mall, Sacramento, CA
• Major Office Remodel (Three 40,000 s.f. buildings), Pleasant Hill, CA • Shopping Center 16 Screen Cineplex, Cupertino, CA
• Macys Major Renovation & Addition, Walnut Creek, CA
Industrial and Power Plant Cogeneration Facilities
• Lodi Energy Center Project (300 MW), Lodi, CA
• Russell City Energy Center Project (560 MW), Hayward, CA • Almond 2 Power Plant (300 MW), Ceres, CA
• SPG Solar Depot Park, Photovoltaic Array (2.1 MW), Sacramento, CA • Valero Petroleum Refinery Capital Improvements, Benicia, CA • Shiloh Wind Farm (150 MW, 100 Turbines), Solano County
Residential / Residential Care Facilities
• The Terraces Phase II (Res. Care Facility), Los Altos, CA • Atria Senior Living (Residential Care Facility), Walnut Creek, CA • Valley Vista Senior Housing Complex (Res. Care Facility), San Ramon, CA • Senior Housing Complex – 58 Units, Petaluma, CA
• Campus Crest Apartment Complex (240,000 s.f.),Sacramento, CA • Ritz Carlton Hotel (4 stories, 11 buildings), Napa, CA DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED OUTSIDE PLAN REVIEW, PERMITTING, AND FIELD INSPECTION SERVICES A-10
INFORMATION ABOUT THE FIRM
Additional Staff Experience - Inspection / Building Department Administration The following is a partial list of Inspection and Administrative assignments worked on by our staff members:
General
• Building Official: City of Concord, California Energy Commission, City of Signal Hill, City of Whittier, City of Palos Verdes Estates • Combination Inspection: City of San Ramon, City of Fairfield, City of Walnut Creek, City of El Cerrito, City of Concord, City of Martinez • Code Enforcement and Multifamily Inspection: City of Concord, County of Solano, City of Antioch, City of Benicia • Permit Technician: City of Redwood City, City of Santa Clara, City of Vallejo, City of Concord • OSHPD-3 Inspection: City of Walnut Creek, City of Sacramento • Disaster Response: City of Vallejo (2014 Napa Earthquake, Plan review & Inspection); Butte County (Paradise Fire Plan Review) • Delegate CBO Services: California Energy Commission
o Russell City Energy Center Project, Hayward, CA
o Walnut Creek Energy Park Power Plant, City of Industry, CA o Almond 2 Power Plant, Ceres, CA
Representative Client List
TRB staff members have extensive experience working with public sector agencies in California. The following is a partial list of Northern California, State, and Federal agencies currently or previously served by our staff:
LOCAL AGENCIES – NORTHERN CALIFORNIA
City of Benicia City of Oakley City of San Ramon
City of Concord City of Pleasant Hill City of Santa Clara City of Davis City of Redwood City City of Vallejo
City of Dublin City of Richmond City of Walnut Creek
City of Fremont City of Sacramento County of Butte
City of Los Altos City of San Jose County of Marin
City of Monterey City of San Leandro County of Merced
City of Oakland City of San Mateo County of Sonoma
City of Roseville City of Palo Alto County of Tehama
City of Tracy City of Burlingame City of Pleasanton
City of Davis City of El Cerrito City of Antioch
STATE AND FEDERAL AGENCIES
California Energy Commission Division of the State Architect Veterans Administration NASA UC Davis Health UC Berkeley
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED OUTSIDE PLAN REVIEW, FERMITTING AND FIELD INSPECTION SERVICES B-1 section b APPROACH TO COMPLETING SCOPE OF SERVICES
Project Understanding
In brief, it is our understanding the City of Vallejo is seeking qualified consultants to to provide As-Needed Outside Plan Review, Permitting and Field Inspection Services for the Building Inspection Division in accordance with the Scope of Work identified in the City of Vallejo’s Request for Proposal (RFP) document. It is also understood that all assigned projects are to be reviewed/inspected for adherence to the City of Vallejo’s latest adopted Municipal Codes and Title 24 California Building Standards Codes covering structural, fire prevention, life safety, accessibility, energy conservation, green building, plumbing, mechanical, and electrical provisions, as applicable. We are well familiar with State, County and local requirements and other industry standards and are ready to put our knowledge to work for the City.
To confirm, TRB and Associates is an independent firm, properly licensed to practice in California, and has no conflict of interest with regard to any other work performed by the firm for the City.
TRB has reviewed the Scope of Work as outlined in the City’s RFP and is prepared to provide the requested services of As-Needed Outside Plan Review, Permitting and Field Inspection Services including:
Administrative Duties Field Inspection Services
Geotechnical Engineering
Plan Check Services
Other Professional services
The following reflects our proposed work plan for providing the requested scope of services.
Project Approach Overview
Our approach to this engagement is centered on utilizing experienced staff and fostering open communication between our firm and the City. On an ongoing basis, our Project Manager, Todd Bailey, will maintain regular communication with City staff to ensure that we are kept apprised of current code interpretations and policies, and to enhance our ability to quickly respond to any issues that may arise during permit counter, document review, and/or inspection activities. We value the importance of the City’s projects and are committed to meeting all project service delivery deadlines. We will diligently document and report all findings, tracking information, and other reports, as required by the City.
Throughout this engagement, our key team members will be available to meet with City staff either via phone or in person to address questions that may come up during the course of a project. Our firm is committed to responding to all inquiries within 1(one) business day. We encourage discussions via in-person meeting, telecon, and/or WebEx/Zoom or similar formats as agreeable and necessary to achieve the most expeditious results.
Quality Control Measures
Quality and on-time service are of paramount importance to us. Though we employ only experienced plan reviewers, and expect their work to be of high standard, we have instituted a quality control policy to ensure that this standard is maintained. At the core of our quality control approach is having a “two sets of eyes” policy in place. All work performed by staff is reviewed for quality control by senior members of our team.
Our Project Manager, working in conjunction with our dedicated Quality Control Principal, Dominic Ma SE, holds primary responsibility for ensuring accuracy and consistency (QA/QC) in the application of adopted codes and standards, processes, and protocols.
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED OUTSIDE PLAN REVIEW, FERMITTING AND FIELD INSPECTION SERVICES B-2 Proposed Approach
APPROACH TO COMPLETING SCOPE OF SERVICES
Workload Accommodation
It is understood that there are often periods of time where plan review workload spikes beyond what may be normally expected.
TRB has a system in place to accommodate such peaks without compromising turnaround or quality. The key consideration is that we have a large number of qualified and experienced plan reviewers who we can pull in from other assignments to assist at times of high workload. Having the ability to quickly digitize/scan and distribute plan documents to plan reviewers in any of our California offices keeps target turnaround times achievable.
Building Code Instruction
As an additional service, TRB is prepared to provide Building Code Instruction support to the City in either classroom or field-type settings on a range of technical subjects. Paul Armstrong is an award-winning California Building Standards Codes instructor whose accolades includes being named CALBO Instructor of the Year. Paul is currently providing extensive training on the California Building and Residential Codes to TRB clients, local ICC Chapters, and CALBO Education Week attendees. Paul will be available to provide tailored training to the City and its invited guests upon request.
Technical Standards
TRB provides code compliance reviews and inspections encompassing architectural, fire, electrical, mechanical, plumbing, structural, energy conservation, disabled access, and green standards in accordance with locally-adopted standards. Our reviews and inspections consider all relevant project documentation including plans, specifications, calculations, and other related correspondence to verify conformance to:
• 2019 California Building Code
• 2019 California Residential Code
• 2019 California Electrical Code
• 2019 California Plumbing Code
• 2019 California Mechanical Code
• 2019 California Fire Code
• 2019 Title 24 Energy Standards
• 2019 California Green Building Standards Code
Our team also has extensive experience with alternative NFPA, ASCE, ASME, FEMA, NEHRP, and ANSI Standards.
Alternate Material and Methods
TRB and Associates recognizes that there are alternate materials and methods of construction that can be used to satisfy and comply with the provisions of the code. Our experience with the use of alternate materials, alternate design and methods of construction enhances our ability to solve specific issues that arise in design and construction.
Code Interpretation Support
The TRB team is well versed in the intent of codes and standards as they apply to the noted range of projects expected on this assignment. To ensure that our technical findings are easily understood, we work to ensure that all of our plan review and inspection findings / communications are done in a clear and concise manner. As part of this effort, we include references to any applicable Code or Standard sections to help ensure recipients understand the basis of our findings. Throughout the project, our team will be available to answer questions related to codes or standards at any time. For those items where additional information may be needed, our team has access to additional resources in the form of code and commentary guidelines, illustrations, and agency interpretations. TRB is prepared to offer any reference information to whomever may be requesting the clarifying material.
As part of his purview, Paul Armstrong, PE, CBO can serve as a facilitator on any code interpretation items. Paul has extensive expert code interpretation experience on projects of great complexity in California and in national and international settings. Of note, Mr. Armstrong’s experience includes working for International Code Council (ICC/ICBO) in Southern California for over 14 years.
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED OUTSIDE PLAN REVIEW, FERMITTING AND FIELD INSPECTION SERVICES B-3 Proposed Approach
APPROACH TO COMPLETING SCOPE OF SERVICES
Plan Review Scope & Approach
TRB is prepared to perform as-needed plan review services for residential, multi-family residential, commercial, and industrial projects encompassing building code, electrical, plumbing, mechanical, fire protection (if requested), Title-24 energy, disabled access, and green building standards; as well as floodplain, wildland urban interface fire severity zone, stormwater, hazardous materials, and state housing law Title-25 factory-built structure considerations, as applicable.
Our scope typically includes the review of building plans, design calculations, and material specifications for structures proposed for construction, as well as fire protection system plans and design calculations (if requested). Plans are reviewed for completeness and correctness based on the adopted California Building Standards Codes as well as any other applicable City ordinance provisions.
Electronic Plan Review
As an alternative to review of hardcopy media, TRB is prepared to review electronic media should it be the desire of the City to process submittals electronically. The staff of TRB are leaders in the field of digital plan review and workflow management and our team has extensive experience working with the several electronic plan review systems including DigEplan, Bluebeam and ProjectDox.
Online Plan Check Status and Records
To facilitate access to plan review findings and status information, TRB is prepared to initiate its Project Website for use on this assignment if desired by the City. With our project website, all correspondence issued by our team can be posted and maintained for access by City and designated project stakeholder staff. Our postings can include plan review findings (i.e. approval/comment letters), plan review submittal status information, meeting notes, etc.; all of which may be updated on a daily basis. In addition, if so desired by the City, we can also accommodate incoming electronic document postings (i.e. electronic plans, calculations, RFI’s, etc.). To confirm, there is no additional cost for this service.
Meetings and Telecommunications Availability
The TRB plan review team will be available to the applicant’s designee during City working hours, by phone, mail, or to attend meetings at the City’s offices. TRB will address questions or discuss issues that may arise on a project with City staff, design team and/or construction team to ensure that compliance issues are handled in a timely manner.
In cases where there may be disagreement related to a code interpretation in plan review, we would make ourselves available to all project stakeholders (applicant, City, designer teams) to answer any questions they may have and offer code guidance to arrive at a code-compliant resolution. In cases where there may be an impasse, we would coordinate with the appropriate City staffmember (typically the Building Official) to discuss next steps on how we might support resolving the matter.
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED OUTSIDE PLAN REVIEW, FERMITTING AND FIELD INSPECTION SERVICES B-4 Proposed Approach
APPROACH TO COMPLETING SCOPE OF SERVICES
Plan Review Process
Please note that our plan review process will be tailored to meet the City’s specific needs. The following process represents an example plan review workflow which may be applied if desired by the City.
Step 1 - Preliminary Discussions:
Prior to beginning our initial plan review project, our Project Manager proposes to conduct a meeting or conference call with the City to discuss local code policies, documentation procedures, plan processing protocols, plan review checklist items, and scheduling.
Step 2 – Initial Review:
Once we receive a complete set of plan documents, we will perform our plan review in the agreed-upon timeframe, checking for compliance to all applicable code standards. To confirm, plan review turnaround timeframes will align with standard City-established timeframes. In general, project reviews are completed in 10 working days or less for initial reviews, and 5 working days or less for subsequent review cycles.
All corrections are identified based on compliance with specified codes and regulations and worded so the designer will know what needs attention and how to respond to the issue stated. Generally, corrections are identified in two ways:
• Notes can be made on plans as appropriate and authorized to assist in locating the issue on the plans; • A correction sheet is generated detailing what items need to be addressed before plans can be approved.
The client will receive a copy of each correction list, as well as a cover memo containing the following:
• The date plans were reviewed by TRB and Associates
• The date that the applicant/applicant’s designee was notified that the plan review was completed Step 3 – Transmittal of Plans and Comment Lists for Plan Review:
At the heart of our approach in delivering our services to you, is the recognition that there must be a coordinated effort to track and coordinate all submittals and requests received. To help assure that submittals are properly coordinated and tracked, TRB and Associates has established an internal plan review coordination process to ensure that each plan received for review is properly handled, processed, and returned on time. Our plan tracking procedures are computerized to track each submittal through the review process and maintain accurate and comprehensive records for each submittal.
Upon completion of our review, any comments generated are consolidated into a correction letter which is then forwarded to the City as well as the applicant, as applicable.
Step 4 – Rechecks:
Upon receipt of the resubmittal package from the applicant, we will notify the City (via email) that we have received the package. Once we have verified that the resubmittal package is complete, we perform a recheck in the agreed-upon timeframe. This process is repeated until the project plan documents are ready to be recommended for approval.
Step 5 – Plan Approval:
When all review comments are satisfied, we will forward two sets (or electronic equivalent) of all relevant correspondence bearing our company’s “Reviewed for Code Compliance” stamp (including plans, calculations, and specifications), along with a transmittal letter indicating our recommendation for project approval, and the project file to the City for processing.
Shipping and Delivery of Plans
TRB provides pre-printed overnight shipping labels and/or pickup services to facilitate the transport of plan submittals to our office. Please note that the pickup, shipment and delivery of plan documents and other relevant correspondence to the City are provided at no additional cost.
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED OUTSIDE PLAN REVIEW, FERMITTING AND FIELD INSPECTION SERVICES B-5 Proposed Approach
APPROACH TO COMPLETING SCOPE OF SERVICES
Building Inspection Scope & Approach
TRB is prepared to perform inspection, referring to building plans, structural plans, and material specifications for structures located within the City limits, upon 48-hour notice. Our inspectors are proficient at verifying project conformance to model code standards (Building, Electrical, Mechanical, Plumbing, Green Building and Energy Code & Accessibility) and locally-adopted ordinances. TRB provides all labor and technical, administrative, professional, and other personnel; supplies, materials, equipment, and all other resources necessary to perform the specified work. TRB will use existing City forms or can develop correction sheets which meet with the approval of the City and shall maintain written lists of corrections needed to ensure conformance to codes and regulations.
Field Inspection Process
Our experienced team includes individuals with extensive field inspection experience on a range of project assignment types including municipality “Called Inspections,” “Clerk of the Works,” and “Inspector of Record” roles; our team can assist with a broad range of inspection responsibilities. Our scope of service areas includes residential, commercial, and industrial facilities, capital improvement projects, municipal agency services and infrastructure revitalization.
Our inspectors are careful to document all inspection activities, adhere to agency-adopted protocols, and follow field procedures and policies as dictated by the Building Official. TRB will maintain daily inspection records and all necessary documents on file for reference by the City. To confirm, TRB staff are available for applicant inquiries and/or conferences during normal City business hours.
Our inspections include those identified in the California Model Codes and would be amended or modified as directed by the City. Our inspection scope includes:
• Foundation Inspection
• Framing Inspection(s)
• Electrical, Mechanical and Plumbing systems inspection • Lath and/or Gypsum Board Inspection
• Fire Code Inspection (if requested), e.g., fire suppression systems, alarms, etc. • Concrete Slab or under-floor Inspection
• Energy Efficiency Measures Inspection
• Green Building Inspection
• Fire Resistive Rated Construction Inspection
• Floodplain Inspection
• Final Inspection
Remote Virtual Inspection (RVI) Option
Many agencies are considering or have started using virtual programs to provide remote inspection services. Several of our clients (including the City of Sacramento) have successfully implemented a virtual inspection program. The system allows staff to keep doing their jobs while abiding by social-distancing requirements. Programs such as Inspected.com (a teaming effort with the ICC) or Blitzz charge a per inspection fee as well as an annual lease of their software. Inexpensive tools like Facetime, Skype, Google Duo and Microsoft Teams are also being used. It is important to note that TRB currently utilizes Microsoft Teams and Facetime for these services but can utilize other programs as requested.
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D
CITY OF VALLEJO | AS-NEEDED OUTSIDE PLAN REVIEW, FERMITTING AND FIELD INSPECTION SERVICES B-6 Proposed Approach
APPROACH TO COMPLETING SCOPE OF SERVICES
Permit Processing, Administration, Geotechnical Engineering, Code Enforcement, and CASp Scope & Approach
TRB is prepared to provide Permit Technician, Administrative, Geotechnical Engineering, Code Enforcement, and CASp services support to the City on an as-needed basis. TRB staff are prepared to work at the City’s offices as an extension of City staff under the supervision of the Chief Building Official or their designee with the knowledge, skills, and abilities to perform the following requisite functions.
Permit Technician / Administrative Assistant
• Assist the public at the front counter or by phone regarding building, planning, and engineering permit requirements, application and permit fees, application filing procedures and processing, and permit status. • Enter permit and related data into the City Accela permit tracking system. • Research, compile and prepare various limited reports and presentation graphics. • Accept permit and related applications and collect fees. • Screen plans and application materials for completeness and for conformance with City ordinances standards, policies, and guidelines.
• Review application materials for compliance with conditions of project approval; route plans to other City departments for review; approve and issue minor permits; research and respond to public inquiries.
Geotechnical Engineering
• Peer review geotechnical reports for the subsurface investigation, site constraints, geological hazards, foundation concept, design parameters, construction consideration, findings, and recommendations, etc. • Conduct site visits to perform observation and/or monitoring for unpermitted work, during, and pre- and post-construction. • Conduct geological site investigations, laboratory soil testing, quality control of grading operations, etc.
Code Enforcement
• Enforce compliance with agency regulations and ordinances including those pertaining to zoning, land use, nuisance housing, building codes, health and safety, blight, graffiti, water waste, and other matters. • Respond to complaints and reports from other agencies and departments on alleged violations of agency zoning and related municipal codes and ordinances; conduct investigations and provide recommendations for resolution. • Conduct field investigations; inspect properties for violations; issue and post warning notices, notices of violation, corrective notices, orders to comply, and related documentation for code violations; schedule and performing follow-up functions to gain compliance including letters, inspections, calls, meetings, discussions, and negotiations to ensure compliance with appropriate codes and ordinances.
• Maintain accurate documentation and case files on investigations, inspections, enforcement actions, and other job-related activities including accurate and detailed information regarding code enforcement activity to substantiate violations; drawing diagrams and illustrations and taking photographs.
Disabled Access (CASp) Services
TRB offers Certified Accessibility Specialist (CASp) Consulting Services to assist agencies with the compliance requirements of State of California Senate Bill 1608 (Corbett). Our team is skilled at reviewing facility plans and specifications for compliance with State and Federal accessibility laws, codes, and regulations; evaluating facilities for compliance with State and Federal accessibility codes and regulations; and conducting accessibility research, preparing accessibility reports, and performing accessibility inspections. We offer email/phone consultations, onsite facility inspections and certifications, and expert testimony services as part of our CASp consulting services portfolio.
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING, AND FIELD INSPECTION SERVICES C-1 section c FEE SCHEDULE
Cost Proposal
TRB and Associates offers the following fixed-fee and hourly rate schedules for services provided. Please note that Building Plan Review services may be rendered on either a fixed fee or hourly rate basis, as noted below. If additional services are requested such as Fire Plan Review, Building Inspection, Staff Augmentation and Other services (e.g. CASp consulting), those services can be provided on an hourly basis at rates shown in the provided Schedule of Hourly Rates and Reimbursables.
Plan Review Services
Our plan review fees may be calculated as a percentage of the Building Plan Review Fee collected by the City. The fee compensation shown covers three total plan review cycles – the initial plan review and up to two rechecks. Any further review cycles which become necessary and reviews of revisions to approved plans would be billed based upon a negotiated hourly rate. Please note that the turnaround timeframe for providing expedited and express plan reviews would be negotiated/mutually agreed upon prior to commencement of the review. Please also note that all plan reviews are subject to a minimum $250 fee.
Turnaround Timeframe
(in business days)
Structural Only
Review
M/E/P Only
Review
Complete Review
(Structural, Life Safety/Disabled
Access, M/E/P, Green,
Title 24 Energy)
Standard*
- 10 days first check
- 5 days rechecks
45% 45% 65%
Expedited**
- 5 to 7 days first check
- 5 days rechecks
Standard fee plus an
additional 50 percent
Standard fee plus an
additional 50 percent
Standard fee plus an
additional 50 percent
* For exceptionally large/complex projects, 15-day first check and 10 day rechecks may apply, as mutually agreed upon prior to commencement of review.
**Turnaround timeframe would be mutually agreed upon prior to commencement of work.
Please note that the pickup, shipment, and delivery of hardcopy and/or electronic plan documents and other relevant correspondence to the City is included in the above-noted cost.
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D ATTACHMENT 1 OF EXHIBIT B CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING, AND FIELD INSPECTION SERVICES C-2
FEE SCHEDULE
Schedule of Hourly Rates and Reimbursables
The following billing rates apply for services rendered on an hourly basis:
Position Hourly Rate
Principal $175.00
Project Manager $150.00
Building Official $150.00
Assistant Building Official $135.00
Supervising Plan Review Engineer/Architect $140.00
Senior Plan Review Engineer/Architect $130.00
Senior Plans Examiner (Building & Fire) $125.00
Plan Review Engineer/Architect $115.00
Plans Examiner (Building & Fire) $100.00
Engineering Technician $ 95.00
Permit Technician III $ 85.00
Permit Technician II $ 75.00
Permit Technician I $ 70.00
Clerical/Admin $ 58.00
Fire Protection Engineer $215.00
Geotechnical Engineer $235.00
CASp Certified Inspector/Examiner $125.00
Grading/Storm Water Plan Review Engineer $205.00
QSP Storm Water Inspector $195.00
Inspector of Record $140.00
Supervising Inspector $130.00
Senior Inspector III $120.00
Senior Inspector II $110.00
Senior Inspector I $100.00
Inspector II $ 95.00
Inspector I $ 85.00
Intern Inspector $ 75.00
• Overtime, Emergency, Expedited, and After-hours work is billed at the above-noted rates plus an additional 50 percent (Note that no overtime will be charged without client authorization) • Project inspections subject to prevailing wage requirements are at the above-published rates plus 30 percent. • All requested inspection and other staff-augmentation services are subject to a minimum 4-hour fee. • Reimbursement for direct expenses, incurred in connection with the work, will be at cost plus 15 percent. • Reimbursement for non-City vehicles used in connection with the work will be at the current IRS rate plus 20 percent per mile. • Other in-house charges for prints, reproductions and equipment use, etc. will be at standard company rates.
The above Schedule is valid through June 30, 2023 and may be adjusted thereafter to account for CPI changes, as mutually agreed upon.
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO |AS-NEEDED OUTSIDE PLAN REVIEW, PERMITTING, AND FIELD INSPECTION SERVICES D-1
REFERENCES
Client References
TRB and Associates understands the importance of maintaining a high level of quality and customer service. We encourage you to contact the following references to provide testimony of our performance of work. Please note that additional references and project experience information is available upon request.
City of Sacramento
Contact: Winfred DeLeon, P.E. | Chief Building Official Development Services Department | 915 I Street, Sacramento, CA 95814 Email: [email protected]
Phone: (916) 808-5475
Dates of service: 2007 – present (14 years) | Current contract value: over $1 million Services Provided: As-Needed Plan Review, Inspection, and Permit Technician Support TRB has held a contract with the City of Sacramento to provide Building Division Support services since 2007. Along with offsite plan review and permit technician support, we have provided staff to assist the City with onsite inspection, permit technician, and plan review support.
City of Benicia
Contact: Rachel O’Shea, CBO | Chief Building Official
Community Development Services Department | 370 East L Street, Benicia, CA 94510 Email: [email protected]
Phone: (707) 746-4233
Dates of service: 2006 – present (15 years) | Current contract value: $200k Services Provided: As-Needed Plan Review, Inspection, Code Enforcement and Permit Technician Support Services TRB has provided Building Department Support Services to the City of Benicia since our founding in 2006. Our experience encompasses residential, commercial, and industrial project types.
City of San Ramon
Contact: Vance Phillips, CBO | Building Official
7000 Bollinger Canyon Rd, San Ramon, CA 94583
Email: [email protected]
Phone: (925) 973-2583
Dates of service: 2007– present (14 years) | Current contract value: $250k Services Provided: Plan Review, Inspection, and Permit Technician Support TRB has held a contract with the City of San Ramon to provide Building Division Support services since 2007. Along with offsite plan review and permit technician support, we have provided staff to assist the City with onsite inspection, permit technician, and plan review support.
City of Concord
Contact: Ryan Pursley, P.E. | Chief Building Official
Building Division | 1950 Parkside Drive, Concord, CA 94519 Email: [email protected]
Phone: (925) 671-3119
Dates of service: 2008 – present (13 years) | Current contract value: $500k Services Provided: Onsite Building Official, Plan Review, Permit Technician, and Building & Multifamily Inspection Services TRB has provided Building Department support services to the City of Concord for over 13 years. In addition to providing offsite plan review support, our firm has provided onsite plan review and inspection staff to help support the activities of the building department. section d
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED OUTSIDE PLAN REVIEW, FERMITTING AND FIELD INSPECTION SERVICES E-1 section e CONSULTANT & PROFESSIONAL SERVICES AGREEMENT/INSURANCE Consultant and Professional Services Agreement / Insurance Statements a. TRB and Associates accepts the City’s standard Consultant and Professional Services Agreement as is, without modification.
b. TRB can meet the City of Vallejo’s insurance requirements, including engineering errors and omissions coverage as noted in the City of Vallejo standard Consultant and Professional Services Agreement.
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-1
RESUMES
Todd Bailey, PE, LEED AP, CASp, MBA | Principal-In-Charge & Project Manager Todd Bailey is a registered professional engineer with over twenty-five years of experience in the Architecture / Engineering /Construction industry encompassing project management, plan review, engineering design, structural and architectural building code interpretation, permit center administration, and litigation support. He has extensive experience working with architects, engineers, contractors, building departments and other regulatory authorities to ensure compliance to adopted Building Code Standards and local ordinances.
Todd has provided Building Safety services to over thirty jurisdictions as a consultant and spent three years with the City of Concord performing architectural, structural, energy conservation and disabled access plan reviews for both residential and commercial structures. Todd is also approved as a Delegate Chief Building Official for the California Energy Commission responsible for verifying new power project conformance to engineering construction codes on behalf of the Commission.
Select Project Experience
Building Safety Plan Review
• Sacramento Convention Center Project, Sacramento, CA
• Los Altos Gardens Project, Los Altos, CA
• Packard Foundation Project, Los Altos, CA
• Santa Clara Square Apartments and Parking Structures, Santa Clara, CA • NASA Moffett Federal Airfield, Historic Building Project, Mountain View, CA • War Memorial Community Center, Daly City, CA
• Concrete Tilt-Up Shell Building (60,000 sf), Concord, CA • Marin Health Campus - Buildings A-E, County of Marin, CA • New Medical Research Facility (44,000 sf.), Walnut Creek, CA • Major Office Remodel (Three 40,000 s.f. buildings), Pleasant Hill, CA • Rivertown Apartments, Petaluma, CA
• Palolo Chinese Home, Senior Housing Complex, Honolulu, HI • Spanos Park West Apartment Complex, Stockton, CA
Project Management / Administration
Have served as Delegate Chief Building Official / Engineering Manager for the California Energy Commission on thirteen natural gas fired power projects and one wind power generation facility in California having a combined valuation of over $3 billion. Responsible for oversight of plan review tasks and coordination of submittals numbering up into the thousands on these designbuild projects. • Russell City Energy Center Project (600 MW), Hayward, CA • Mountain View Power Project (1,056 MW), Redlands, CA
• Palomar Energy Center Project (546 MW), Escondido, CA Work Experience
TRB + Associates Inc., Principal & Founder, 2006 – Present Bureau Veritas, Building & Facilities Code Compliance Services, 2001 - 2006 Deloitte & Touche LLP, Construction Consulting Services, 1999 - 2001 City of Concord, California – Permit Center, 1996 - 1999 Luhdorff & Scalmanini Consulting Engineers, 1993 - 1996 Tosco Refining Company, 1991 & 1992
appendix 1
Education
Master of Business
Administration
Walter Haas School of Business
University of California
Berkeley
Bachelor of Science
Civil Engineering
Cum laude
University of California Davis
Registration
Registered Civil Engineer
California (#C-56425) Hawaii
(#11647)
ICC Certified Building Plans
Examiner
ICC Certified Commercial
Building Inspector
ICC Certified Commercial
Electrical Inspector
ICC Certified Commercial
Plumbing Inspector
ICC Certified Commercial
Mechanical Inspector
LEED Accredited Professional
Certified Accessibility Specialist
(CASp-229)
SAP / ATC 20 Certified
DSA-Approved Fire Life Safety
Plan Reviewer
Professional Affiliations
ICC East Bay Chapter
Past President (2009)
International Code Council
Other
Delegate Chief Building Official
for the California Energy
Commission – Power Plant
Facilities
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-2
RESUMES
Bing Young, Architect | Plan Review Manager & Senior Plan Review Architect Bing Young is a registered Architect with plan review experience on both residential and commercial projects. He provides comprehensive life safety, accessibility, energy, and mechanical/electrical/plumbing reviews on a variety of residential and commercial project types. Bing possesses over 25 years of professional experience which includes roles in production, project management, construction management, energy, and accessibility analysis.
Work Experience
Plan Review Architect, TRB + Associates, Inc. 2018 - Present • Review drawings and calculations for code compliance on behalf of client agencies • Projects include residential subdivisions, custom homes, additions, remodels, new commercial buildings, and tenant improvements
Project Architect, PSM Architects, Inc. 2008 – 2018
• Prepared and managed the development of comprehensive construction documents for new commercial buildings, tenant improvements, and additions • Oversaw and directed production staff
• Performed quality control review of building permit submittal documents • Facilitated client and permit processing meetings
• Collaborated with engineers, ancillary designers, and vendors • Prepared and reviewed project specifications
• Reviewed shop drawings and submittals for compliance with specifications and design intent • Performed accessibility evaluation of existing sites and buildings • Prepared detailed accessibility reports for building and business owners • Facilitated pre-construction and post-construction on-site meetings with construction project managers and general contractors
• Performed construction administration and project closeout duties Staff Architect, Hollman Bologna Architecture & Planning, Inc. 1996 - 2008 • Prepared schematic design and construction documents for single-family and multi-family residential remodels, additions, and new buildings
• Performed residential building reconnaissance for additions and remodel projects • Prepared design review documents for planning approvals • Facilitated building permit processing
• Prepared and reviewed Title 24 Energy Efficiency Compliance documents Certified Energy Plans Examiner, BETA, Inc. 1993 - 1999 • Reviewed and approved Title 24 Energy Efficiency Compliance documents for residential and non-residential buildings for local jurisdictions
Education
Bachelor in Architecture,
California Polytechnic State
University
San Luis Obispo, CA
Registration
Registered Architect, California
Professional Affiliations
National Council of
Architectural Registration
Boards Certified
ICC Member
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-3
RESUMES
Douglas Simms, CBO, CASp, CHST | Inspection Services Manager Doug Simms has over 30 years of combination building inspection experience.
He has inspected numerous commercial and residential projects including high-tech clean room and complex electrical system installations. Doug has the ability to problem solve and research processes involved in highly technical systems. During his career, he has been responsible for the oversight of field inspectors and other building department staff. Doug employs a customer service focus in carrying out his building safety inspection responsibilities.
Select Project Inspection Experience
• Onsite Interim Supervising and Senior Inspector – City of Tracy, CA (TRB and Associates).
Served in Interim Supervising and Senior Inspector roles for the City. Provided inspection on several large-scale projects including distribution warehouses and multifamily projects.
While serving as interim Supervising Inspector, coordinated closely with the building official and inspection team members, and mentored junior level inspectors. • Delegate Building Official Services, Inspector of Record – California Energy Commission (TRB and Associates). Provided inspection, safety monitoring and onsite project review on four Power Plant projects having a combined power output of over 1,500 MW. Completed onsite inspections to verify project conformance to the California Building Standards codes, applicable project conditions of certification, and local ordinances, standards, and regulations. Provided oversight of all systems to verify compliance with design documents and governing codes and requirements. Role included preparation of daily and weekly project inspection reports. Doug served on the following power generation projects:
o Russell City Energy Center (600 MW Combined-Cycle), Hayward, CA o Lodi Energy Center (296 MW Combined–Cycle), Lodi, CA
o Almond 2 Power Plant (174 MW Simple-Cycle), Ceres, CA o Walnut Creek Energy Park Project (500 MW Simple-Cycle), Industry, CA • PG&E Training Center, Livermore CA. This project comprised creating a leak detection training center for gas line workers. The project included an elaborate piping system used to simulate a commercial or a residential event scenario; a large rainwater containment system; and a helicopter landing pad.
• Lucky’s Regional Distribution center, San Leandro, CA. Project inspector for 410,000 square foot refrigerated and frozen food warehouse. The project comprised inspection of structural, mechanical, and electrical systems. This facility incorporated use of an ammonia-based refrigeration system.
• Kaiser Medical Center, Livermore CA. As project inspector for this medical clinic, inspected all phases of construction. Structure comprised a steel frame with concrete tilt-up wall construction. The building included treatment rooms, waiting areas, and clerical spaces, as well as a large generator and automatic transfer switch. • Form Factor, Livermore CA. Inspected the construction of a series of projects which included office space, employee areas and complex clean room facilities.
Work History
TRB + Associates, Inc., 2011- Present, Supervising Building Inspector City of Livermore, CA, 2001 - 2009, Building Inspector II City of San Leandro, CA, 1990 - 2001, Senior Building Inspector Education
Certificate of Completion
Building Inspection
Butte Community College
Oroville, CA
Certifications
Certified Building Official
Combination Building
Inspector
Plans Examiner
Building Inspector
Electrical Inspector
Plumbing Inspector
Mechanical Inspector
Green Point Rater
Certified Accessibility Specialist
(CASp)
Certified Health Safety
Technician
Professional Affiliations
NECA East Bay Electrical Code
Committee
Past Chairman (3 years)
NECA East Bay Uniform Code
Committee
Past Member
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-4
RESUMES
Dominic Ma, SE, PE, MPA | Quality Control Principal
Dominic has more than 30 years of experience in reviewing building plans and specifications submitted for building permit applications to assure compliance with adopted building codes and reference standards. Dominic’s experience includes working for more than 27 years as a plan check engineer for the City of San Leandro and 6 years as a supervising civil engineer for the City of Oakland, where he led the City’s plan review division.
Dominic has considerable knowledge of civil engineering and structural engineering principles and practices, California Building Code and Title 24 provisions. His strengths include having the ability to review, analyze and evaluate plans, specifications, engineering reports and calculations; possessing knowledge to identify code deficiencies; and evaluating alternate methods and materials of construction. Dominic is adept at reviewing plans for adherence to the California Building Code, ASCE 7-05/10, and when applicable FEMA, ASCE 41, NEHRP provisions.
Select Project Experience
Building Safety Plan Review
Plan Review projects supervised in the City of Oakland
• 2121 Harrison Street. The Cathedral of Christ the Light (also called the Oakland Cathedral).
A new modern Roman Catholic Cathedral with glass walls 120 ft. high. The $190 million, 224,000 square feet structure sits on 36 innovative “friction pendulum double-concave bearing isolators,” consisting of two facing concave surfaces. • 2100 Franklin Street. The $45 million, 245,000 s.f. project is 9 stories high and built with steel frames. To compensate for its slightly smaller than code required width, the interior atrium is equipped with smoke control system to provide fire protection for its occupants. Evaluated the alternate materials methods request associated with this design element. • 100 Grand Avenue. 22 Story Condominium Building budgeted at $150 million. • Oakland Airport (Expansion and interior remodeling). A $350 million Terminal Improvement Program.
Plan Review projects performed
• Bayfair Mall (Tenant improvements), San Leandro
• Century 21 Theatre, San Leandro
• San Leandro Dialysis Clinic
• San Leandro Honda
• San Leandro Hospital (New doctors’ office building)
• Carlton Plaza of San Leandro (Assisted living facility) • Costco Building Addition, City of Concord
• New Gas Compressor Building, Butte County
• AT&T Rooftop solar Panel Installation, City of San Ramon • Tilt-up Warehouse Buildings (2), City of Sacramento
• Historic Building Seismic Retrofit, City of Benicia
• Cancer Treatment Facility, City of Pleasant Hill
Work Experience
TRB + Associates, Inc., Senior Plan Review Engineer, 2007 to present City of Oakland, Supervising Civil Engineer (Building Division), 2000 – 2006 City of San Leandro, Plan Check Engineer, 1973 – 2000
Education
Master of Science Structural
Engineering UCLA, Los Angeles,
CA
Master of Public
Administration, California State
University, East Bay Hayward,
CA
B.S. Civil Engineering
University of California,
Berkeley, CA
Registration
Registered Structural Engineer
California (#1920)
Registered Civil Engineer
California (#20018)
ICC Certified Plans Examiner
Certified Energy Plans
Examiner Residential (#R05-94-
5121) - Inactive
Certified Energy Plans
Examiner Non-Residential
(#NR05-94-5576) - Inactive
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-5
RESUMES
Paul Armstrong, PE, CBO | Technical Director & Instructor Paul Armstrong is a Registered Professional Engineer with over 30 years of engineering experience. His vast experience in all manner of construction, be it industrial, commercial and residential project types, provides our clients with a strong skill set and wealth of industry knowledge. In addition to Paul’s engineering experience, he is also a Certified Building Official, serving in this capacity at the City of El Monte, as well as Laguna Hills, Signal Hill, and Palos Verdes.
A noted author and lecturer in the building life safety industry, Mr. Armstrong has earned many awards, including CALBO Instructor of the Year.
Select Project Experience
• Apple Campus Theater, Cupertino, CA – The plan review of the Apple Campus’ Theater where new products would be announced and corporate meetings held. Mostly subterranean structure that has a glass entry lobby supporting a carbon fiber roof (disk). • ARTIC (Anaheim Regional Transportation Intermodal Center), Anaheim, CA – Plan review of the fire and life safety regulations for this new transportation center. The building is a steel tube framework with a 2-story administration area with a mezzanine inside. This review included a pedestrian bridge leading to the train platforms. • Anaheim Convention Center Expansion, Anaheim, CA – A very large expansion of the convention center meeting space with an associated parking garage addition. • Disneyland Star Wars Expansion, Anaheim, CA – A very visible area of the Disney resort that is about to open this year.
• Rams/Chargers NFL Stadium, Inglewood, CA – The plan review of the newest NFL Stadium project in So CA. The stadium itself is covered by a large steel tube framed roof structure that is not connected to the stadium.
• Rio Tinto Soccer Stadium, Sandy City, Utah – The plan review of the Salt Lake area’s professional soccer stadium. It included a roof canopy structure with a wave feature in the leading edge.
• Building Official Roles:
o Palos Verdes Estates
o Laguna Hills
o Whittier (interim position)
o Signal Hill
o El Monte
Regional Director, Building & Safety Services, TRB + Associates 2019 – Present Responsible for new business development for building life safety services for various jurisdictions throughout California. Provide client relations and code assistance. Perform training lectures on building and residential codes. Participate on various local, state-wide and national committees. Building Official of the City of Signal Hill.
Group Leader, Building and Safety Services, Industry Consultant 2017 – 2019 Responsible for the development of new business for inspection services and plan review services for various jurisdictions across the United States. Provide client care and assistance on code related issues. Give training lectures on the building and residential codes. Participate on various local, state-wide, and national committees. Building Official of the City of Palos Verdes Estates and Laguna Hills.
Education
B.S. Civil Engineering California
State University, Long Beach
Advanced Study, Fire
Protection Engineering,
Cal-Poly San Luis Obispo
Registration | Certification
Registered Professional
Engineer, CA (#45464)
ICC Certified Building Official
Awards
CALBO Instructor of the Year,
2010
CALBO Course Developer Merit
Award, 2014
Committees
International Association of
Building Officials Board, 2018
ICC Code Correlation
Committee, 2018
Orange Empire Chapter of ICC,
Vice President
ICC Residential Energy Code
Development Committee,
Chair 2013
ICC Building Official
Membership Council,
Governing Committee, 2011
CALBO State Code Committee,
2011, 2012(Chair), and 2013
CALBO Building/Fire Advisory
Committee, 2011
LA Basin Chapter and Orange
Empire Chapter Code
Committee, Chair 2011, 2012
(Chair) and 2013 (Chair)
Secretariat to the International
Residential Code for One- and
Two-Family Dwellings (1997-
2000)
(Ctd. on next page)
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-6
RESUMES
Vice President, Various Industry Consultant Firms 2005 – 2017 Responsible for the development of new business for inspection services and plan review services for various jurisdictions across the United States. Provide client care and assistance on code related issues. Give training lectures on the building and residential codes. Participate on various local, state-wide and national committees. Participate on various local, state-wide and national committees. Promotion and sales of the Firms’ in-house electronic plan review system. Building Official of the City of Signal Hill. Contract Plan Review Engineer for the City of Anaheim Chief Building Official, City of El Monte, Industry Consultant 2011 – 2012 Responsible for the City of El Monte Building Division. Review plans for the City and issues permits. Conduct investigations of non-complying facilities frequently in conjunction with the Planning Division, Code Enforcement Division and LA County Fire Department. Develop presentations for City Council on adoption of new codes, etc.
Vice President, ICC 1991 – 2005
Led the ICC Architectural and Engineering Services Department, responsible for technical opinions, plan review and the administration of technical contracts during the consolidation into the International Code Council. Managed ICBO Technical Services Department which was responsible for the maintenance of the code development process, plan review service and code opinion service for both external and internal customers. Represented the Council to many national, state and local organizations. Responsible for the technical image of the conference.
Provided technical assistance on code related issues to both jurisdictional and professional members and non-members. Provided research on many code-related issues. Secretariat to most ICBO code development committees and the initial drafting secretariat to the ICC International Residential Code.
City of Los Angeles, Dept. of Building and Safety 1988 – 1991 Structural Engineering Associate
Responsible for the structural, architectural and zoning review of proposed projects in the city.
Chief of Coordinating Division and Preservation Coordinator. Evaluation of building products for LA code compliance.
Teaching Experience
International Code Council (ICC)
Lecturer –Non-structural Fundamentals of the 2009 IBC (domestically and internationally) Lecturer – Non-structural Fundamentals of the 2012 IBC
Lecturer – ICC Code Development Process
California Building Officials
Lecturer- Significant Changes to the 2013 CBC and CRC for CALBO, and ICC Lecturer – 2016 Introduction to the CBC Means of Egress Lecturer - Updates to the 2010, 2013 and 2016 California Residential Code Lecturer – Updates to the 2010, 2013, and 2016 California Building Code Advanced Building Code Enterprises - Developed and presented coursework Lecturer – Accessibility topics
Lecturer – Updates to the 2006 International Residential Code and 2007 California Building Code Publications and Papers
ICC Significant Changes to the 2019 CBC/Significant Changes to the 2019 CRC ICC Significant Changes to the 2016 CBC/Significant Changes to the 2016 CRC ICC Significant Changes to the 2013 CBC/Significant Changes to the 2013 CRC ICC Dwelling Construction under the 2007 CBC - Technical Editor 1997 Uniform Codes and UBC Handbook - Staff Technical Editor Committees (Ctd.)
Author, 2013 and 2016
Significant Changes to the CBC
and CRC
UL Fuel Gas Products Council
(2002)
BCMC (BDMC) staff liaison
(1993-2002)
Co-secretariat to the ICC
Performance Based Building
Code
Secretariat to the International
Zoning Code (1996-2000)
Secretariat to the General
Design, Administrative, Lateral
Design, Fire and Life Safety and
Fire Risk Code Committees of
ICBO (1992-1996)
Staff secretariat responsible
for the rewrite of the Means of
Egress Chapter in the 1994
UBC
NIBS HHS Code Comparison
Committee (1994)
FEMA Building Performance
Review Team member (1993)
NIBS Flood Standards
Comparison Committee (1992)
Coordinator, Pacific Rim
Conference on Performance
Based Codes
Various ASCE standards
committees
SEAOC Code Committee liaison
ASME A17.1 Code Coordinating
Committee
ANSI Construction Standards
Board
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-7
RESUMES
Shelley Loughran | Client Relations Manager
Shelley has over 25 years of professional experience in the building safety industry. Her experience includes both public and private sector work; including experience working in various jurisdictional departments such as Planning, Redevelopment and Public Works. Her private sector work includes serving as a Client Relations Manager, Human Resources Coordinator and Permit Technician for several Bay Artea Consultants.
Serving as Client Relations Manager on behalf of TRB+, Shelley currently works with over 50 jurisdictions to serve as a liason to the firm’s clients; ensuring client needs are met.
Select Project Experience
Client Relations Manager, TRB and Associates 2016 – Present • Responsible for all marketing-related functions; including strategic planning, client development and public relations.
Permit Technician, City of Napa 2013 – 2016
• Served as a Permit Technician in the City of Napa’s Community Development Department – Building Services Division for over 2 ½ years. Under the direction of the Chief Building Official, Shelley processed building permits from initial submittal through permit issuance. In addition, Ms. Loughran coordinated projects with City staff in multiple departments as well as outside agencies, including: Environmental Health, Napa Sanitation, Napa School District and the development community.
Marketing Coordinator, Bay Area Consultant 2006 – 2013
• Responsible for marketing-related functions for the firm; including proposal writing, attending conferences and public relations.
Permit Technician, Various Jurisdictions 1997 – 2006
• Worked for many bay area jurisdictions as a contract Permit Technician on an as needed basis from 1997-2006.
Permit Technician, Various Jurisdictions 1985 – 1996
• Served in various departments at the City of Huntington Beach from 1985 – 1996; working in Community Development, Redevelopment and Public Works while pursuing a bachelor’s degree. Served as a Permit Technician at the City’s Building Counter for over 5 years.
Work Experience
• TRB + Associates, Inc., Client Relations Manager/Permit Technician 2016 - Present • City of Napa, Building Dept., Permit Technician (City Employee) 2015—2016 • East Bay Area Municipal Consultant Firm, Contract Permit Technician for Napa 2013—2015 • Bay Area Municipal Consultant Firm, Permit Technician/Marketing Coordinator 1996—2013 • City of Huntington Beach, Permit Technician/Administration 1985-1996 Education
Bachelor of Arts, Liberal Arts
California State Long Beach
University, Long Beach, CA
Certification
FEMA
Incident Command System,
National Response Network
Professional Affiliations
Board Member - CBOAC
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-8
RESUMES
Thomas Hemenway, SE, PE | Senior Plan Review Engineer
Tom Hemenway is a Registered Structural Engineer with over 30 years of engineering experience. Tom’s experience includes providing structural, civil, and architectural design and quality control on a variety of industrial, commercial, and residential project types including multifamily podium projects, utility-scale power plant facilities, and retail buildings. He has served in design and analysis capacities for several seismic strengthening projects involving timber, steel, concrete, and masonry buildings in the greater San Francisco bay area. His technical skills include 3D modeling and dynamic analysis for large foundations and structures.
Select Project Experience
• Lead Civil/Structural Engineer on multiple projects including the following:
o NUMMI, Stamping Plant and Plastics Plant Expansion, Fremont o Vandenberg AFB housing development phases III and IV
o 140 Geary Street seismic retrofit, San Francisco, CA
o Amgen, Process Lab Building 99, Thousand Oaks, CA.
o Huntington Hotel, San Francisco, CA
o Wells Fargo Bank, Fremont Data Center, Fremont, CA.
• Responsible for Civil, Structural, and Architectural designs for industrial projects domestic and international.
• Responsible for structural analysis and design of seismic strengthening to existing timber, steel, concrete, and masonry buildings in the greater San Francisco bay area. • Responsible for 3D model constructability review for a new GE 7FA natural gas-fired and GE A10 steam turbine, 1x1 combined cycle electric power generating facility. • Responsible for ensuring quality of Civil, Structural, and Architectural construction activities for 600-megawatt natural gas-fired, combined cycle electric power generating facility.
• Performed dynamic structural analysis and concrete design for new steam turbine foundation.
• Designed concrete and steel structures for Kennecott Copper Smelter Modernization Project, Salt Lake City, UT using STAAD III and Microstation for PC computer. • Designed steel pile and conventional concrete pad foundations for overland conveyor at Falkirk Mine in Underwood, North Dakota.
Work Experience
TRB + Associates, Inc., Senior Plan Review Engineer, 2016 - Present Owner, TjHemenway Design Consultant, 2014 to 2016
Construction and Engineering Interface Manager, Kvaerner North American Construction Inc. and Parson Brinkerhoff JV, 2013
Owners Representative, Calpine, Russell City Energy Center, 2011 – 2012 Lead Structural Engineer, Aker Kvaerner, 2002 – 2003
Resident Engineer, Kvaerner, 2000 – 2002
Civil/Structural Discipline Manager, Kvaerner Metals, 1998 – 2000 Senior Structural Engineer, Kvaerner Metals, 1997
Civil/Structural Lead Engineer, The Bentley Company, 1995 – 1996 Others, 1981 – 1994
Education
B.S. Civil Engineering
Technology, Structural
Emphasis
Metropolitan State College,
Denver
Registration
Registered Structural Engineer
California (#5348)
Registered Civil Engineer
California (#52357)
Professional Affiliations
SEAONC Member
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-9
RESUMES
Karin Kuffel, SE, PE | Senior Plan Review Engineer
Karin has over 30 years of structural engineering experience. Ms. Kuffel has vast structural design experience in both complex commercial and residential projects. She has managed many large-scale projects, including hospitals, OSHPD and the Chabot Space and Science Center. Her experience includes staff training, building design, and design review, as well as construction supervision and development of design and construction guidelines for new single-family residences.
Work Experience
Plan Review Engineer, TRB + Associates, San Ramon, CA 2016 - Present Provide structural plan check reviews of large commercial and institutional structures for multiple Bay Area building departments.
Build Change; Philippines 2014 - 2016
Lead Engineer - Philippines. Responsible for all technical work and staff of Denver-based engineering non-profit’s programs and operations throughout the Philippines, including management of Filipino engineering/technical staff comprised of engineers and builder trainers.
Supervised training of local staff, building design, design review, construction supervision, and development of design and construction guidelines and recommendations for single-family homes and schools based on the National Structural Code of the Philippines.
Crosby Group; San Mateo, CA 2011 - 2014
Senior Structural Engineer/Project Manager. Project management on multiple design-build projects, working with design team and contractor on fast-track work both in- and out-of-state.
Responsible for managing project team from design through construction, developing and tracking fees, deadlines, and deliverables.
Independent Consultant 2009 - 2011
Structural engineering consultant in San Francisco Bay Area. Consultant for small commercial and residential work. Extended contract work for Rutherford & Chekene included multiple hospital projects covering new hospital facility design, OSPHD plan-check work, and construction administration assistance.
Biggs Cardosa Associates, Inc., SF, CA 2006 - 2009
Senior Engineer. Project management with responsibility for developing work, managing project production work, and overseeing construction administration. Representative projects include oversight for design of 8-story residential and parking structure for Santana Row Parcel 8b (San Jose, California) and the Lowe’s parking structure in San Francisco.
KPFF Consulting Engineers; SF, CA 2004 - 2006
Project Manager. Responsible for developing work and fee proposals, managing project engineering, and drafting work, and overseeing construction administration. Project management included design of 5-story addition to Kaiser Santa Rosa Hospital, construction administration for 7-story addition to Modesto Memorial Hospital, and design and construction of low-income housing for South County Housing.
Independent Consultant 2001 - 2004
Structural engineering consultant in San Francisco Bay Area. Consulting clients included Chabot Space and Science Center, SOHA Engineers, and Gerson/Overstreet Architects.
Education
Bachelor of Science
Civil Engineering
Purdue University; West
Lafayette, Indiana
Masters of Business
Administration
Saint Mary’s College of
California; Moraga, California
Registration
Registered Structural Engineer
California
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-10
RESUMES
William Vaughn, SE, PE | Senior Plan Review Engineer
William Vaughn is a Registered Structural and Civil Engineer with over 35 years of experience in construction, structural engineering design, seismic investigation and structural peer and plan review. Bill has extensive knowledge in commercial and residential buildings as well as industrial facilities using steel, concrete, masonry and timber design. He also has a wide range of construction field experience including supervision, construction methods, product development and structural inspection. Of particular note, Bill’s steel design portfolio includes 2 Moment Frame patents with HSS Steel Columns and Wide Flange Beams.
Select Project Experience
• Provided structural design and peer review services for clients with residential, multi-family, and commercial buildings using timber, steel, concrete, and masonry design. • Produced structural designs for new buildings and provided structural designs and evaluations for alterations to existing buildings.
• Designed seismic strengthening of un-reinforced masonry buildings, wood buildings, and concrete tilt-up buildings.
• Produced repair designs for earthquake damaged facilities and for other structurally damaged buildings.
• Conducted analyses of existing buildings to assess compliance with codes and drawings. • Performed investigations of earthquake, fire, and flood distress. Prepared reports, engineering analyses, and repair recommendations.
• Provided expert witness, structural peer review and plan review services. • Investigated structural damage and distress for litigation preparation purposes. Prepared reports, engineering analysis, and recommendations to client. Provided design preparation and construction observations for repair designs.
Structural Peer Review
• Haas School of Business, University of California, Berkeley, CA Structural Plan Review
• Russell City Energy Center, New $800 million Power Plan Project (for California Energy Commission), Hayward, CA
• Newell Village Mixed Use Project, Walnut Creek CA
• Terraces at Los Altos Mixed Use Project (Phase 3), Los Altos, CA • New Family Dollar Store, Sacramento, CA
Structural Design
• Chevron Willbridge Terminal Upgrade, Portland, OR
• Chevron Eureka Terminal Upgrade, Eureka, CA
• Kaiser - Lennon Lane Mechanical & Seismic Upgrade, Walnut Creek, CA Work Experience
TRB + Associates Inc., Senior Plan Review Engineer, 2011 – Present Vaughn Engineering, Principal Structural Engineer, 1994 - 2011 David L. Messinger & Associates, Civil & Structural Engineer, 1990 -1994 Alan R. Horeis Structural Engineers, Civil Engineer, 1987 -1990 Others, 1971 – 1987
Education
Bachelor of Science,
Structural Engineering,
Masters-level Course Work in
Structural Engineering,
Portland State University,
Portland, Oregon
Bachelor of Arts, Economics,
Course Work in Business
Administration and Industrial
Engineering, State University of
New York, Buffalo, New York
Registration
Registered Structural Engineer,
California
Registered Civil Engineer
California
Professional Affiliations
Structural Engineers
Association of Northern
California (SEAONC)
Structural Engineers
Association of California
(SEAOC)
International Code Council
(ICC)
East Bay Chapter of ICC
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-11
RESUMES
Deborah Sandercock, SE, PE, CASp | Senior Plan Review Engineer Deborah has nearly 25 years of building life safety experience, serving as a Building Official, Supervising Structural Engineer and Deputy Director of Planning and Building for multiple jurisdictions. From her private sector work, to serving as a Supervising Structural Engineer for Contra Costa County, and later a Deputy Director for the City Oakland, she has been involved in the building industry since 1993. Ms. Sandercock has vast experience in complex industrial, commercial and residential projects. She has also managed multidivision staff in the areas of building, housing, zoning, code enforcement and inspection.
Work Experience
TRB + Associates, Senior Plan Review Engineer 2018-Present Building Official/Deputy Director Planning & Building, City of Oakland 2013 – 2016 • Plan, direct and coordinate through subordinate supervisors a variety of building services including building, housing and zoning code compliance and enforcement, inspection services, engineering and plan review services, permit processing and seismic safety programs; develop and implement the new Accela permitting system; develop and present legislation for new programs and adoption of local codes to County, Administrator and Mayor; perform analysis for fee study and develop new fee schedules; resole complex building service issues; provide code interpretations to staff, city officials and constituents; handle disciplinary issues and performance appraisals; direct the process for hiring staff; oversee department budget and finances, develop and implement department policies and procedures; work closely with Council, public and private groups to explain or coordinate programs and proposed projects.
Supervising Structural Engineer, Contra Costa County, Martinez CA 1999 – 2013 • Supervisor of plan check and engineering staff as well as the Application and Permit Center; develop department policies and County ordinances, make policy recommendations on code interpretations, provide technical training/support for plan check and inspection staff, review plans for compliance with structural, fire and life safety, disabled access requirements. • Perform and manage plan review for oil refineries and power generating plants, review and update permit fees, assist in the development and maintenance of the Accela permitting system, handle disciplinary issues and perform annual appraisals, Certified Access Specialist for the department.
• Powerplant Experience – Marsh Landing Generating Station, Antioch – 2010-2013 Project Engineer, DASSA Design, San Francisco, CA 1998 – 1999 • Structural analysis and inspection of public-school buildings for the development of seismic strengthening plans. Structural analysis and inspections of hospital buildings for the development of Senate Bill 1953 reports.
Project Engineer, Deems Lewis McKinley Architecture 1997 – 1998 • Structural design of new public-school buildings and seismic strengthening plans for existing public-school buildings.
Design Engineer, Ficcadebti & Waggoner, Inc. 1993 – 1997 • Structural design of commercial buildings. Inspection and design of repair plans for earthquake damaged buildings. Forensic inspection and analysis of existing residential buildings to determine structural deficiencies and develop repair plans. Design of curtain wall systems in light gauge and structural steel.
Education
MS in Civil Engineering,
University of California, Irvine
BS in Architectural Engineering,
California Polytechnic
University, San Luis Obispo
Licenses and Certifications
Structural Engineer, California
(4511)
Professional Engineer, CA
(56904)
Certified Access Specialist,
California (288)
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-12
RESUMES
Mike Kaszpurenko, SE, PE | Senior Plan Review Engineer
Mike Kaszpurenko is a registered Structural and Civil engineer with over 30 years of engineering experience. His experience encompasses the plan review, design, evaluation, and retrofit of various types of building and non-building structures using concrete, steel, masonry, wood, and light-gage metal.
Mike’s experience includes working for a large structural steel fabricator where he was involved in detailing of shop drawings, design of connections, and onsite field review.
Select Project Experience
Industrial, Manufacturing
• Corn Products Cogeneration Facility, Stockton, CA. Plan review of boiler building and miscellaneous foundations for new facility.
• Nine Mile Point Two Nuclear Power Plant, New York. Miscellaneous connection designs. • Oswego Power Plant, Oswego, New York. On site engineer, for fabricator of breeching, during construction of oil-fired power plant.
Commercial / Government /Civic
• 600 Sutter, San Francisco, CA. New eight story building. • 973 Market, San Francisco. Seismic upgrade of an existing 8 story brick and concrete building. • Saks Fifth Avenue, San Francisco, CA. Foundation shoring for a new department store. • El Camino Real Hotel, San Mateo, CA. Preliminary design of a new three-story hotel. • 1989 Loma Prieta Earthquake, San Francisco, CA. Damage assessment of numerous apartment buildings and other structures for the City of San Francisco. • City Center Rotunda, Oakland, CA. Upgrade of three, eight story adjacent buildings into one multifunction facility.
Education, Assembly / Healthcare
• Windsor Middle School, Windsor, CA. New $11 million School Campus. • Laguna Salada School District, Pacifica, CA. Survey of 12 school campuses for Pacifica School District.
• Clovis East High School, CA. Plan check review for the Office of the Office of State Architect on several buildings of a new campus.
• Kaiser Hospital Service Building, Walnut Creek, CA. New two-story support facility for a hospital.
Multi-unit Residential
• Winterland Apartments, San Francisco, CA. Engineer of record for a 304-unit apartment complex consisting of four stories of wood framing over several levels of concrete parking. • Park Hill Terrace, San Francisco. Upgrade and extension of former 8 story hospital building into condominiums.
Work Experience
TRB + Associates, Inc. San Ramon, CA, 2009 - Present
Structural Engineers Collaborative, San Francisco, CA, 1986—Present Culley Associates, San Francisco, CA, 1980—1986
H. J. Degenkolb & Associates, San Francisco, CA, 1978-1980 Cives Steel Corporation, Gouverneur, New York, 1976—1978 Education
Bachelor of Science,
Civil Engineering, Clarkson
University, Potsdam, New York,
1976
Registration
Registered Structural Engineer,
California
Registered Civil Engineer
California
Professional Affiliations
Structural Engineers
Association of Northern
California (SEAONC)
FEMA Structural Specialist, for
Urban Search and Rescue, Task
Force 7, Sacramento, CA.
California Office of Emergency
Services Volunteer for postearthquake building review.
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-13
RESUMES
Daniel McLaughlin, PE, CASp | Senior Plan Review Engineer Dan McLaughlin is a registered Civil Engineer and ICC Certified Plans Examiner with plan review experience on numerous residential and commercial projects. He has provided structural, life safety, and mechanical/electrical/plumbing, and energy reviews on a variety of residential and commercial project types. Project types include complex single-family homes, small to mid-sized retail shell buildings, office and mercantile tenant improvements, and mixed-use projects. Dan possesses strong structural analysis skills and has an excellent working knowledge of ADAPT, RAM, SAP2000, AutoCAD, Revit, and MathCAD structural engineering software packages.
Work Experience
Plan Review Engineer, TRB + Associates, Inc. 2014 - Present • Review drawings and calculations for code compliance on behalf of client agencies • Projects range from small residential to large apartment and office buildings • Recently participated in structural review of 4 story 135,000 sf wood apartment building over 2 story PT parking garage
• Participated in structural review of a 6 story 133,000 sf steel buckling restraint braced frame office building
• Review a variety of wood, concrete, and steel building types • Communicate with project engineers and architects on a regular basis Engineering Assistant, Contra Costa County Sanitary District 2011 - 2014 • Performed submittal check to ensure use of proper materials and equipment • Created site maps to discover location of overflows in the event of clogs in the systems • Performed sewer line inspections to ensure proper installation by contractor • Supervised bore sight to allow continual work when lead engineer not on site Engineering Internship, City of Pleasant Hill, Engineering Division 2007 • Performed quality control of storm drainage system project • Supervised ADA sidewalk installation to ensure proper installation by contractor • Developed PowerPoint Presentation of the City department functions for the City Engineer Residential Construction, McLaughlin Construction 2011, 2013 • Extensive knowledge in residential wood construction. Restored Victorian home including repair and seismic retrofit of foundation, re-leveled house and conducted full replacement of electrical, plumbing and sewer line. Completed unfinished basement including framing, insulation, electrical, sheetrock and finish work
Collection System Operation Laborer, Contra Costa County Sanitary District 2009, 2010 • Performed assigned duties on the hydro, rodding, construction, and utilities location crews Education
Masters in Structural
Engineering
Lehigh University
Bethlehem, PA
B.S Civil Engineering
Lehigh University
Bethlehem, PA
Registration
Registered Civil Engineer,
California
ICC Certified Plans Examiner
DSA Certified CASp
Professional Affiliations
American Institute of Steel
Construction
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-14
RESUMES
Jeff Brooks, CASp | Senior Plans Examiner
Jeff possesses over 40 years in the construction industry with 21 years as a building inspector performing commercial and residential inspections with extensive knowledge of plan review in the building life safety, accessibility, plumbing, mechanical disciplines throughout Northern California. Jeff’s expertise spans in the review of highly complex projects of all types. He also has 20 years of experience working in the trades and as a contractor building custom homes.
As a collaborative leader, Jeff recently provided exceptional leadership skills as the Cannabis Project Manager for the City of Sacramento Building Division. He also provided training and direction for other plans examiners and inspectors for legal related facilities. He works well with the public as well as his colleagues and maintains high levels of productivity, reliability with excellent work ethic to deliver high quality customer service.
Jeff is ICC certified as a Commercial Building and Electrical Inspector. In addition, he is also certified as a California Access Specialist (CASp). Jeff has well-rounded experience in the building industry.
Work Experience
Senior Plans Examiner, TRB and Associates, Inc. 2021 - Present • Reviews complex plan drawings and calculations for code compliance on behalf of client agencies.
• Performs residential combination inspections and commercial building inspections. • Inspects and reviews all manner of construction, including new residential, additions, alternations, improvements, and commercial projects.
Building Inspector, City of Sacramento 2000 – 2021
General Contractor, Brooks Construction 1980 – 2000
Licenses and Certifications
• Certified Access Specialist
• ICC Commercial Building
Inspector
• ICC Commercial Electrical
Inspector
Education
Cosumnes River College
Building/Home/Construction
Inspection/Inspector
Honors/Awards
• Building Official Leadership
Academy – CALBO
Building Official Leadership
Academy (BOLA) Award for
completing the CALBO BOLA
program for2017-2018.
• Employee of the Month - City
of Sacramento Director of
Community Development
Awarded to the employee who
demonstrates excellent
customer service and
performance
Skills
• Municipalities
• Construction
• Code Enforcement
• Life Safety
• Building Codes
• Plan Review
• Building Inspections
• NFPA
• Interpersonal Skills
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-15
RESUMES
James Johnson, E.E., QCxP | Senior Plan Review Engineer James Johnson is a Registered Electrical Engineer (Hawaii), ICC Certified Electrical Plans Examiner, and Qualified Commissioning Services Provider (QCxP) with over 30 years of experience encompassing electrical engineering design and plan review. Mr. Johnson has provided electrical plan review on a variety of project types including commercial building, tenant improvements, and photovoltaic systems. In addition, Mr. Johnson has performed extensive power and lighting systems design, engineering and construction document production, and project management.
Select Skills / Project Experience
• Analyze permit submittal plan documents for conformance to adopted national, state, and city/county codes including NEC, NFPA, IBC, ICC and UFC standards. • Conduct forensic electrical systems investigations to determine origin and cause failure of equipment and associated distribution systems including power, lighting and fire alarm with analysis and resolution of legally adopted Code compliance issues. • Provide scheduled review as CQCR of electrical construction documentation with scheduled site inspection to assure quality construction in accordance with minimum codes and standards for U.S. government projects.
• Professionally managed a wide variety of governmental, commercial, institutional, and residential projects with associated commercial and emergency, renewable and nonrenewable power, lighting, and telecommunication systems. • Provided oversight of engineering skills development and implements of Engineers-InTraining. As a lead instructor at Leeward Community College, taught Math, English and Writing from high school through college freshman levels. • Proficient in Microsoft Word, Excel, PowerPoint, Adobe Photoshop and Acrobat Pro, AutoDesk AutoCAD MEP 2013. Revit MEP 2013.
Work Experience
• Senior Plan Review Engineer, TRB + Associates, Inc., 2014 to Present • Certified Electrical Plan Reviewer, City and County of Honolulu, 2013 to Present • Senior Electrical Engineer/Project Manager, Moss Engineering, 2005 – 2013 • Office Manager, Senior Electrical Engineer, Tower Engineering, 2000 – 2005 • Senior Project Engineer/Manager, Applied Engineering, 1995 – 2000 • Lead Instructor, Office of Continuing Education and Training, Leeward Community College, Pearl City, HI, 1995 – 2000
• Senior Electrical Design/Project Manager, Bennett, Drane, Karamatsu Engineers, Honolulu, HI, 1985 – 1995
Registration/Certification
Registered Electrical Engineer –
Hawaii
ICC Certified Electrical Plans
Examiner
Qualified Commissioning
Services Provider (QCxP)
Construction Quality Control
Reviewer (CQCR)
Professional Affiliations
Illuminating Engineering
Society (IESNA)
International Association of
Electrical Inspectors
Building Commissioning
Association (BCA)
International Code Council
(ICC)
Volunteer Affiliations
Board Member,
Richmond High School
Engineering Academy Advisory
Board
2014 – Present
Volunteer Writer/Coach,
El Cerrito and Richmond High
Schools
2013 – Present
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-16
RESUMES
Steven Block, E.E. | Senior Plan Review Engineer
Steven Block is a highly skilled electrical engineer with over 25 years’ experience in the electrical engineering field. His expertise includes electrical design and plan review for compliance with the National Electrical Code, California Electrical Code, California Energy Code, local ordinances, National Electrical Safety Code, California Electrical Code, California Energy Code, local ordinances, National Electrical Safety Code, OSHA and other applicable laws, ordinances, regulations and standards (LORS).
Projects reviewed for code compliance include commercial and industrial solar power plants, commercial natural gas power plants, wastewater treatment plants, and cement plants, industrial and commercial buildings, parking structures, hotels, and municipal utilities. Designed and provided construction support for traffic signals, highway lighting, closed circuit television, traffic monitoring stations, maintenance stations, and storm water pumping stations.
Work Experience
Senior Electrical Plan Review Engineer, TRB and Associates 2016 - Present • Plan review for residential, commercial, and industrial installations – Phillips 66 Naval Weapons Station, OSHPD 3 reviews for the City of Sacramento, Benicia Valero Refinery Audit, Child Daycare Center in Santa Clara, new apartments in Sacramento.
Senior Electrical Engineer, Private Consulting Firm 2004 - 2016 Plan review for code compliance and field inspector support – Silver State North Photovoltaic Generating Station, transmission lines, and high voltage substation (Nevada), Palomar Power Project (California), Panoche Energy Center (California), Abengoa Solar Thermal Generating Station and substation (California), Genesis Solar Collector Generating Station (California), Inland Empire Energy Center (California), Distributed Energy Partners Generating Stations (Hawaii), Various Wind Power Generating Stations in Solano County, CA, and other generating stations.
Plan review for commercial and industrial installations – FBI Honolulu, Disney Hawaii, Fort Irwin Military Housing (California), various rooftop photovoltaic installations (Hawaii), Valero Refinery Benicia (California), Transmission Line Feeder for Concrete Plant (Nevada) and Various Cellular Tower Installations (Hawaii).
Education
B.S. Engineering, Physics
California State University,
Northridge, CA
Registration
Registered Electrical Engineer
California, Nevada, Arizona,
Hawaii
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-17
RESUMES
Alan Roth, E.E. | Senior Plan Review Engineer
Alan Roth is a registered professional electrical engineer with over 30 years of engineering experience. His experience encompasses extensive electrical systems design, quality control, and oversight roles at power plant and other industrial facility types. Past roles include working for Calpine, Inc. and Dow USA on power generation and chemical plant projects.
Work Experience
Senior Electrical Plan Review Engineer, TRB + Associates 2016 – Present • Conducts electrical code compliance plan review of industrial and power generation facilities.
Currently assisting with plan review $1 billion petrochemical refinery expansion project.
Electrical Engineering, Calpine Corporation 1998 – 2014 During tenure at Calpine Corporation, held positions of Senior Electrical Engineer, Senior Project Engineer, Senior Operations Engineer, and Senior Electrical Engineer 3. • Provided support for the design and construction of a new combined cycle power plants and installation of new combustion turbine generators in existing plants. Duties included:
o Reviewed engineer’s design documents for compliance with Calpine standards and proper interface with OEM documentation
o Provided field support as required
o Design
o Management of capital projects
o Analysis of protection and control systems
o Root cause analysis and determination of corrective actions for equipment and protection system failures
o Recommended predictive preventative maintenance
• Provided interface with consultants for complete protection reviews at 12 Calpine power plants in CA. Duties include:
o Compiled all protection related drawings
o Compiled any relay coordination and settings documents o Provided field support to consultants to verify drawings and actual protective relay settings • Determined the preliminary conceptual design, using standard design guidelines for plants in development
• Interfaced with local utilities for new interconnections for projects in the development phase • Represented Calpine to WECC and other regulatory bodies. • Provided guidance to plants on maintaining compliance with regional and national reliability standards.
• Interfaced with local utilities for new interconnections for projects in the development phase. • Represented Calpine to WECC and other regulatory bodies. • Determine the specification of the major equipment to be selected for the projects as well as interfacing system design.
• Interfaced with utilities, steam hosts, gas suppliers, permitting agencies, consultants and other organizations involved with the development of power projects. • Directed transmission consultants in initial studies for power plant siting.
Education
B.S. Electrical Engineering
California State Polytechnic
University
Registration
Registered Electrical Engineer
California
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-18
RESUMES
Peter Kogan, M.E., LEED AP | Senior Plan Review Engineer Peter Kogan is a licensed mechanical engineer with over 30 years of diversified experience in the construction industry. His expertise lies in the areas of design and construction administration for Heating, Ventilation and Air Conditioning, Plumbing, Fire Protection, Energy and Building Studies, and Value Engineering.
In the past ten years he was responsible for the design and renovation construction of several historical preservation projects. Peter’s extensive experience and personal attention to project details has always assured professional services performed within budget and to complete client satisfaction.
Peter has published several technical articles in the national magazine "Heating, Piping, Air Conditioning" and recently had an article published in the architectural magazine "Progressive Architecture". Peter has presented a technical paper on World Energy Congress in Atlanta, Georgia in 1990.
Select Project Experience
Healthcare
• New Medical Facility, Nevada Air National Guard, Reno, NV • Radiology/ Oncology Labs Renovation, Hospital Building, UCSF, San Francisco, CA • Renovation of Buildings 210/212 & 301, Metropolitan State Hospital, Norwalk, CA • Sonoma State Hospital, Central Plant HVAC Modifications, Sacramento, CA Education, Assembly
• Wet Research Laboratories in Building 74, Lawrence Berkeley Lab, Berkeley, CA • Medical Research Laboratories, Warren Hall, UC Berkeley, CA • Calvary Church, Los Gatos, CA. New 80,000 sq.ft., 2-story Life Center with Classrooms, Multi-Use Room, Gymnasium, Meeting Halls, etc.
Multi-unit Residential
• New Condominium Complex, San Francisco, CA. New 7 Story Condominium Complex located at 1438 Green Street
• Military Housing and Commercial Facilities, NAS Fallon, NV. New 3 Building Housing Complex comprising 126 Bachelor Enlisted Quarter units & new base Administration, Maintenance, Shop and Storage Facilities.
Commercial
• The Disney Store, New Retail Store, Winward Mall, Kaneohe, HI • Office Building, San Francisco, CA. New 3 Story Office Building located at 325 Pacific Avenue
• New Ruth’s Chris Steak House Restaurant, The Montage, Reno, NV • Foods Pilot Plant Expansion for Clorox Corporation, Pleasanton, CA Government, Civic
• Renovation of 3–Building Command Headquarter Complex, Travis Air Force Base, Fairfield, CA
• New 2-story Fitness Center at Naval Postgraduate School, Monterey, CA • New International Arrival Building, Oakland Airport, CA Work Experience
TRB + Associates, Inc, 2008-Present
Peter Kogan Associates, Owner, 1988-Present
Education
Master of Science, Mechanical
Engineering, Moscow
Aeronautical Institute, Russia
Registration/Certification
Registered Professional
Mechanical Engineer:
California, Hawaii, Nevada,
Texas, Colorado, Arizona
Certified Energy Manager
(CEM), State of California
LEED Accredited Professional
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-19
RESUMES
Reggie Meigs, CBO | Chief Building Official
Reggie has 42 years of comprehensive building safety experience. He has overseen the provision of plan review, inspection, counter, permitting, and code compliance services to more than 35 cities and counties throughout California. He has been a CALBO instructor for courses in the computerization of Building Departments, Disabled Access, and Occupancy Groups. Reggie has also been a member of various professional code committees; including the State Fire Marshal’s Committee for Residential Care Facilities.
Reggie provides project management and supervisorial services to clients on an as-needed basis.
He has served as a Chief Building Official for numerous jurisdictions in the public sector as well as on a consultant basis.
Select Project Experience
• A/E Planning and Engineering, County of Orange, CA. Building and Safety Task Leader overseeing building plan review and inspection efforts for planned developments in the county. Currently, focusing services on the Ranch Plan, County’s largest development. • Chief Building Official, City of Jurupa Valley, CA. Manages the City’s Building and Safety Department overseeing plan review, permit counter assistance, inspection, and code enforcement. Building plan reviews are checked for compliance with building codes and access requirements, as well as any adopted codes to promote sustainability. Reviews include architectural, structural, mechanical, electrical, plumbing, green, and energy.
Accessibility Code Enforcement includes managing complaints, investigating potential violations and enforcing the City’s codes.
• Building Safety Services, County of Los Angeles, CA. District Engineering Associate and Senior Building Engineering Inspector/Office Manager. Trained 100+ building inspectors. Oversaw building inspection services for the Cities of Artesia, Cerritos, and Lancaster. • Chief Building Official, City of Riverside, CA. Managed the City’s Building and Safety Division, supervising 21 full-time employees. Developed programs to track permits and inspections as part of the City’s program of office automation, which drastically improved efficiency. One major project under his oversight involved overseeing the Building Safety plan review and inspection for the Riverside Municipal Airport expansion (hangers, office space, other buildings).
• Chief Building Official, City of Orange, CA. Managed the Building and Safety Division.
Prepared budgets totaling $1.2 billion for several sections within the division, managed an in-house staff of 19 employees and oversaw contracts with two plan check firms. Also assisted in the development of a custom permit tracking program that saved the City $20,000.
• Chief Building Official, City of Berkeley, CA. Responsible for the City’s plan checking, inspections, housing code enforcement and counter administration and supervised a staff of 22 employees. Implemented a “One Stop Permit Center Process” which reduced plan check turnaround time from 8-12 weeks to 1-2 weeks without hiring additional staff. • Chief Building Official, City of San Ramon, CA. Helped expand services (code enforcement), added services at the front counter and incorporated local Fire District and Engineering Department representatives to create a true “One Stop Shop”. Assisted the Building Division with streamlining the Building Permit computer system and helped implemented and design new software to assist the code enforcement section in maintaining their case files. Achieved 90% cost recovery on code enforcement.
Monty Straub | Senior Building Inspector
Education
College Coursework,
Civil / Electrical Engineering
Registration
CABO Registered Building
Official, CBO #1003
ICC Certified Professional
Building Official,
#5215342
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-20
RESUMES
Monty Straub possesses over 25 years of experience in the construction and building & fire/life safety industry. For over 14 of those years, Monty served as a Building Inspector for Contra Costa County. He has extensive knowledge of the practical application and enforcement of adopted construction codes, standards, and local ordinances in construction inspection. Monty applies a customer service focus in carrying out his building safety inspection responsibilities.
Monty’s professional inspection experience encompasses commercial, industrial, and residential projects. His experience includes serving as a Delegate CBO inspector on two power plant projects located in Contra Costa County. In that role, he provided daily inspections to verify compliance with all applicable laws, ordinances, and regulations, as required by the California Energy Commission.
Select Project Inspection Experience
• City of Walnut Creek Staff Augmentation Assignment - Building Inspector • Served as Delegate CBO Inspector on the following California Energy Power Plant Projects located in Contra Costa County
o Gateway / Mirant Energy Center (530 MW, Combined-Cycle Facility) o Delta Energy Center (880 MW, Combined-Cycle Facility) • Provided code compliance inspection services at the Shell and Conoco/ Phillips Oil Refineries located in Contra Costa County.
• Inspected numerous commercial buildings, e.g., AAA Building in Walnut Creek • Avalon 5 story multifamily residential project near Pleasant Hill Bart • Stratford Sr. Housing in Pleasant Hill, CA
• Seeno Tract Subdivisions, Pittsburg CA
• Blackhawk Plaza shopping center remodel and addition, Blackhawk CA • Several Custom Homes, Blackhawk CA
Work Experience
TRB and Associates, Inc., Senior Building Inspector, 2012 - Present Contra Costa County, Senior Building Inspector, 1997 - 2011 Straub Construction, Independent Contractor, 1984 - 1996 Education
Certificate of Achievement,
Construction and Building
Inspection, Diablo Valley
College, CA
Certifications
ICC Certified Building
Inspector
ICC Certified
Mechanical Inspector
ICC Certified Plumbing
Inspector
ICC Certified Electrical
Inspector
ICC Certified
Combination Inspector
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-21
RESUMES
Ken Baker | Senior Building Inspector
Ken Baker has over 30 years of experience in the construction sector encompassing building code inspection and interpretation, staff supervision, and project management. He has extensive experience working with architects, engineers, contractors, building department staff and other regulatory authorities to ensure compliance to adopted building code standards and local ordinances. His experience includes managing teams of over 15 staff members including field inspectors and support staff members.
Ken served as supervising inspector on numerous complex projects including high-rises, posttensioned structures, non-building structures, cleanrooms, and unreinforced masonry (URM) building retrofits. He was responsible for oversight and coordination of inspection tasks numbering up into the hundreds per week. Ken has a successful track record of ensuring timely and high-quality inspections.
Select Project Experience
• In charge of facilitating URM building identification program in Concord. Led in identifying all URM structures located within City limits.
• Bank of America: Four new high-rise office buildings comprising an 8 story, 10 story, and two 6 story buildings. Also inspected accompanying two parking structures (garages PT). • Tishman Building: 14 story office building with 2 levels below grade. Also inspected a separate 4 story garage which served building.
• Hilton Hotel: High-rise hotel project. Structural system comprised of post-tension and concrete shear wall construction. Complex foundation system included 4’ diameter piers, embedded a minimum of 75’ deep.
• Sun Valley Shopping Mall: Surveyed and inspected major fire damage repair project at mall.
Also inspected later complete remodel of the mall.
• BEI Systron-Donner: Provided oversight of a major remodel of this high-tech accelerometer fabrication facility. Areas inspected included several cleanrooms. • Willows Shopping Center: Provided inspection for approximate 250,000 s.f. center. • Chevron Corporate Offices: Inspected construction of new Building 3 and cogeneration facilities.
• Holiday Inn Remodel: Major hotel remodel project which included several A occupancies. • New Light Industrial Building Complex: Inspected 13 tilt-up structures. • Residential Apartment Complexes: Have inspected numerous facilities of various size, up to 100 units.
• Auto Repair Spray Booths
• Medical Office Buildings (MRI and Radiation labs)
• Churches
• Multiple Subdivisions and Single Family Dwelling projects • Public Storage Buildings
Work History
TRB + Associates, Inc., 2011- Present, Supervising Building Inspector City of Concord, 1977- 2008, Supervising Building Inspector City of Fairfield, 1975 – 1977, Senior Building Inspector Construction Contractor, Construction Foreman, Journeyman Carpenter 8 years in the construction trades, with 3 years as a journeyman carpenter and 1 year as a construction foreman in multifamily and residential construction.
Certifications
ICC Certified Building Inspector
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-22
RESUMES
Kevin Mulcahy | Senior Building Inspector
Kevin Mulcahy has over 30 years of experience in the fire and life safety industry. He has 15 years of working experience in the public sector serving as plan reviewer and building inspector for the City of Concord Building Department and Contra Costa County Fire Prevention District.
In addition to Kevin’s extensive knowledge of building and fire code standards, his experience working for a general contractor has allowed him to provide excellent customer service while performing over the counter plan reviews to the general public.
He has held ICBO Certifications in Plan Review and Building, Plumbing and Mechanical Inspection, as well as being certified in the National Fire Protection Agency Fire Code.
Select Project Experience
• Serve in role of as-needed Building Inspector. Currently on assignment at the Cities of Martinez and El Cerrito.
• Served as plan reviewer and senior inspector for The City of Concord, Building Department for projects ranging from conventional construction for single family dwellings, commercial tenant improvements, to high rise buildings.
• Served as plan reviewer for the Contra Costa County Fire Prevention District (CCCFPD) for non-structural commercial plans to verify compliance with NFPA Fire Codes, standard building codes and local ordinances.
Work Experience
TRB + Associates, Inc. Building Inspector, 2012 - Present City of Concord, Building Dept. CA, Senior Inspector/Plans Examiner, 1999—2009 Contra Costa County Fire Prevention District, Plan Reviewer, 1995—1999 City of Pleasant Hill, CA, Plan Reviewer and Building Inspector, 1985—1994 Lester Enterprises, Oakland, CA, 1980—1994
Education
Humboldt State College,
Arcata, CA
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED PLAN REVIEW, PERMITTING AND FIELD INSPECTION SERVICES A-23
RESUMES
Jacqui O’Keefe | Senior Permit Technician
Jacqueline (Jacqui) has extensive experience working as both an ICC Certified Plans Examiner as well as a Permit Technician. This experience includes reviewing commercial, industrial, and residential projects for multiple jurisdictions. She is skilled in the application of building practices; regulatory compliance issues involving federal, state and local requirements. Her broad background in coordinating projects ensures a high level of customer satisfaction. This includes extensive building and life safety experience for numerous jurisdictions throughout California.
Work Experience
Plans Examiner | Permit Technician, TRB + Associates 2017 - Present • Reviews plans for new residential, additions, improvements, and light commercial projects. • Assists clients with questions and inquiries
• Manages the demands of multiple jurisdictions
• Assist with Document Control for various projects
• Contract Permit Technician for jurisdictions on an as needed basis.
Plans Examiner | Permit Technician, Bay Area Municipal Consultant 2013 –2017 • Provided plan review of residential and commercial projects, including additions and tenant improvements.
• Contract Permit Technician for multiple jurisdictions • Document Control for various high scale commercial and power plant projects.
Event Director | Office Manager– Bay Area Catering 2009 - 2011 • Responsible for all aspects of event management, including preparing proposals/contract negotiation, discussing rental upgrade options with clients, developing event timelines with clients, developing menus, working with outside vendors, and arranging rentals for events. • Recruited, trained, delegated, coached, motivated, and evaluated the performance of staff for all events. Inputted, retrieved, and updated event setup information and produce event reports through a computerized event management system.
Event Director | Office Manager– East Bay Golf Course 2004 - 2009 • “Command Center” for office, handled issues/problems. Relayed accurate information to and from sales staff, chef, employees, and managing partner. This included guest counts, menus and tastings, location, and timing. Created a monthly binder of all events and staffing for managing partner, chef, and sales staff. Acted as the office administrator, answering phones, e-mails, scheduling meetings and conferences, managing transportation and travel, mail processing. Proficient in Microsoft office programs (word, excel), a variety of email systems (1and1, outlook). Proficient in QuickBooks including invoicing, billing, payroll, bill pay, and running reports. Managed the office schedule for all staff (front and back of house production) and oversaw sales staff appointment setting. Tracked all accounts payable and receivable, maintained working relationships with vendor billing departments and processing client payments. Created budgets, tracked inventory, completed profit and loss sheets.
Education
Bachelor of Arts, Chico
State University
Licenses/Certifications
Plans Examiner, ICC
Residential Energy
Inspector /Plans Examiner,
ICC
NFPA 472 Hazardous
Materials Awareness
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D CITY OF VALLEJO | AS-NEEDED OUTSIDE PLAN REVIEW, FERMITTING AND FIELD INSPECTION SERVICES A2-1 appendix 2 UNDUE INFLUENCE
Undue Influence Statement
TRB and Associates declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Vallejo in connection with the award or terms of Agreement that will be executed as a result of award of this contract, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Vallejo will receive compensation, directly or indirectly, from the consultant, or from any officer, employee or agent of the consultant, in connection with the award of the Agreement or any work to be conducted as a result of the Agreement.
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D
TRB & Associates Inc. Professional Services Agreement Page 1 of 2 Exhibit B - Compensation
EXHIBIT B
COMPENSATION
1. Consultant’s Compensation.
A. Services: City agrees to pay Consultant, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement for a total not to exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00).
2. Appropriate Billable Hourly Rates for Services and Additional Services.
Consultant’s billable hourly rates shall be as listed in Attachment 1 of Exhibit B, attached hereto and incorporated herein by this reference.
3. Consultant’s Reimbursable Expenses. Reimbursable Expenses shall be limited to actual reasonable expenditures of Consultant for expenses that are necessary for the proper completion of the Services and shall only be payable if specifically authorized in advance by City.
4. Payments to Consultant.
A. Payments to Consultant shall be made within a reasonable time after receipt of Consultant’s invoice, said payments to be made in proportion to services performed.
B. Request for payment shall be sent to:
Anthony Cook
Administrative Analyst II
Planning and Development Services
555 Santa Clara Street
Vallejo, CA 94590
5. Accounting Records of Consultant. Consultant shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement. Consultant shall keep such records available for audit, inspection and copying by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty four (24) hours’ notice.
The obligations of Consultant under this section shall survive this Agreement.
6. Taxes. Consultant shall pay, when and as due, any and all taxes incurred as a result of Consultant’s compensation hereunder, including estimated taxes, DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D
TRB & Associates Inc. Professional Services Agreement Page 2 of 2 Exhibit B - Compensation
and shall provide City with proof of such payments upon request.
7. Taxpayer Identification Number. Consultant shall provide City with Consultant’s complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service, and any other State or local tax identification number requested by City.
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D
TRB & Associates Inc. Professional Services Agreement Page 1 of 3 Exhibit C – Insurance Requirements
EXHIBIT C
INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of this Agreement, including any extensions thereto, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by the Consultant, their agents, representatives, or employees or subcontractors.
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
A. Insurance Services Office form number GL 0002 covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
B. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 any auto and endorsement CA 0025.
C. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
D. Professional Liability insurance appropriate to the Consultant’s profession (Errors and Omission).
2. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
A. General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
B. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
C. Workers’ Compensation and Employer's Liability: $1,000,000 per accident for bodily injury or disease. If Consultant is not subject to California Workers’ Compensation requirements, Consultant shall file a completed certificate of exemption form which may be obtained from the City prior to commencing any activity authorized hereunder.
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D
TRB & Associates Inc. Professional Services Agreement Page 2 of 3 Exhibit C – Insurance Requirements
D. Professional Liability (Errors and Omission): $1,000,000 combined single limit per occurrence, and annual aggregate.
3. Deductible and Self-Insured Retention. Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City of Vallejo, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4. Other Insurance Provisions. The general liability and automobile liability policies, as can be provided, are to contain, or be endorsed to contain, the following provisions:
A. The City of Vallejo, its officers, officials, employees, agents and volunteers are to be covered as additional insureds as respects; liability, including defense costs, arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Vallejo, its officers, officials, employees, agents or volunteers. The insurance is to be issued by companies licensed to do business in the State of California.
B. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Vallejo, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City of Vallejo, its officers, officials, employees, agents, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
C. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents, or volunteers.
D. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
E. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
F. The workers’ compensation and employer’s liability policy required hereunder shall be endorsed to state that the workers' compensation carrier DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D
TRB & Associates Inc. Professional Services Agreement Page 3 of 3 Exhibit C – Insurance Requirements
waives its right of subrogation against City, its officers, officials, employees, agents and volunteers, which might arise by reason of payment under such policy in connection with Consultant’s performance under this Agreement.
5. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
6. Verification of Coverage. Consultant shall furnish the City with certificates of insurance and original endorsements effecting general and automobile liability insurance coverage required by this clause. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences.
7. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
8. Payment Withhold. City will withhold payments to Consultant if the certificates of insurance and endorsements required in Paragraph F, above, are canceled or Consultant otherwise ceases to be insured as required herein.
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D 03/16/2023
The Liberty Company Insurance Brokers
Lic #0D79653
5955 De Soto Ave, Ste 250
Woodland Hills CA 91367
Teresa Hayward
(888) 918-3960
[email protected]
TRB AND ASSOCIATES
3180 CROW CANYON PL #216
SAN RAMON CA 94583
Continental Casualty Company 20443
Continental Casualty Company 10346
Continental Casualty Company 20443
Employers Preferred Ins. Co. 10346
U. S. Specialty Insurance Co. 29599
CL22102831925
A Y 2097186534 11/10/2022 11/10/2023
2,000,000
1,000,000
10,000
2,000,000
4,000,000
4,000,000
B Y 7013446068 11/18/2022 11/10/2023
1,000,000
C
0 CUP7036238862 11/10/2022 11/10/2023
2,000,000
2,000,000
D EIG463819502 11/10/2022 11/10/2023
1,000,000
1,000,000
1,000,000
E
Professional Liab
Retro Date 11/10/2006 USS2233325 11/10/2022 11/10/2023
Each Claim 2,000,000
Aggregate 2,000,000
Retention 25,000
Re: Consulting & Plan Check Operations of the Named Insured.
The City of Vallejo, its officers, agents and employees are included as Additional Insureds on General Liability per SB300176D 6-16, (Architects, Engineers and Surveyors Liability Extension with office Pollution Liability Coverage) & SB146968B 6-16, (Blanket Additional Insured Endorsement with Products-Completed Operations coverage & Blanket Waiver of Subrogation) and Auto Liability per AC 85 43 06 18, (California Business Auto Coverage Enhancement Endorsement), subject to policy terms and conditions.
City of Vallejo
City Attorney's Office
555 Santa Clara Street
Vallejo CA 94590
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$
PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS
NON-OWNED
OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTHSTATUTEPER
(MM/DD/YYYY) LIMITS
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
LTR TYPE OF INSURANCE POLICY NUMBER
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR
CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $
DAMAGE TO RENTED
PREMISES (Ea occurrence) $
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY
PROJECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D
PAESL PAESL
1,000 $168.00
Employment Practices Liability Coverage EPLI
10,000
Schedule rate adjustment SRA
-$4,254.00
Add'l for policy minimum premium APMP
$148.00
Increased employer's liability INEL
LECF LECF
$57.00
Premium discount PDIS
-$4.00
Schedule rate adjustment SRA
$25.00
Expense constant EXCNT
$160.00