HomeMy WebLinkAboutC-8507-7 - PSA for Staff Augmentation and Plan Review Services1
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Qp AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH J. LEE ENGINEERING, INC. FOR
STAFF AUGMENTATION AND PLAN REVIEW SERVICES
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 26TH day of September,
2023 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and J. LEE ENGINEERING, INC., a
California corporation ("Consultant"), whose address is 430 South Garfield Avenue, Suite
301, Alhambra, CA 91801, and is made with reference to the following:
RECITALS
A. On June 28, 2022, City and Consultant entered into a Professional Services
Agreement ("Agreement") for staff augmentation and plan review services
("Project").
B. The parties desire to enter into this Amendment No. One to increase the total
compensation due to an increase in the volume of work.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Six Hundred Ten
Thousand Dollars and 00/100 ($610,000.00), without prior written authorization from
City. No billing rate changes shall be made during the term of this Agreement without the
prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed Two
Hundred and Fifty Thousand Dollars and 00/100 ($250,000.00).
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: �e /Zz-/LS
By: JJ k VI
ron C. Harp '
City Attorney
ATTEST: � ��
Date: q g
By: ^ 61C4,
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municip corporation
Date:
Mayor
CONSULTANT: J. LEE ENGINEERING,
INC., a California corporation
Date:
By: fi-
e 6 ee
ief Executive Officert6hief Financial
Officer
Date: 0
y: ii::)
Jessica
Secretary
[END OF SIGNATURES]
J. Lee Engineering, Inc. Page 2
1
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I./)
q� PROFESSIONAL SERVICES AGREEMENT
C� WITH J. LEE ENGINEERING, INC. FOR
STAFF AUGMENTATION AND PLAN REVIEW SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 28th day of June, 2022 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and J. LEE ENGINEERING, INC., a California corporation ("Consultant"),
whose address is 430 South Garfield Avenue, Suite 301, Alhambra, California 91801,
and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide staff augmentation and plan review
services ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2025, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Three
Hundred Sixty Thousand Dollars and 00/100 ($360,000.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement or specifically approved in writing in
advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
J. Lee Engineering, Inc. Page 2
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Jaeyol Lee to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Community Development
Department. City's Deputy Community Development Director/Chief Building Official or
designee shall be the Project Administrator and shall have the authority to act for City
under this Agreement. The Project Administrator shall represent City in all matters
pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All
Services shall be performed by qualified and experienced personnel who are not
employed by City. By delivery of completed Work, Consultant certifies that the Work
J. Lee Engineering, Inc. Page 3
conforms to the requirements of this Agreement, all applicable federal, state and local
laws, and legally recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this Agreement (collectively, the "Indemnified Parties"), from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to
the negligence, recklessness, or willful misconduct of the Consultant or its principals,
officers, agents, employees, vendors, suppliers, subconsultants, subcontractors,
anyone employed directly or indirectly by any of them or for whose acts they may be
liable, or any or all of them, and/or if it is subsequently determined that an employee of
Consultant is not an independent contractor.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified Parties.
Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees
in any action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are applicable. The
policy limits do not act as a limitation upon the amount of indemnification to be provided
by the Consultant.
J. Lee Engineering, Inc. Page 4
10. INDEPENDENT CONTRACTOR
10.1 It is understood that City retains Consultant on an independent contractor
basis and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Consultant or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
10.2 Consultant agrees and acknowledges that no individual performing
Services or Work pursuant to this Agreement shall: work full-time for more than six (6)
months; work regular part-time service of at least an average of twenty (20) hours per
week for one year or longer; work nine hundred sixty (960) hours in any fiscal year, or
already be a CalPERS member.
10.3 Consultant must submit to and pass a criminal background investigation
by providing a complete set of fingerprints to City prior to commencing or performing
Services or Work. Consultant is required to submit any fees for the criminal background
investigation according to the City's most current administrative fee schedule or
successor document. Fingerprints may be required to be updated every five (5) years.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
J. Lee Engineering, Inc. Page 5
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint -venture or syndicate or co -tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50%) or more of the voting
power or twenty-five percent (25%) or more of the assets of the corporation, partnership
or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced, including but not limited to, websites, blogs, social media accounts
and applications (hereinafter "Documents"), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Additionally, all material posted in
cyberspace by Consultant, its officers, employees, agents and subcontractors, in the
course of implementing this Agreement, shall become the exclusive property of City,
and City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
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expense, provide such Documents, including all logins and password information to City
upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant, and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
17.3 All written documents shall be transmitted to City in formats compatible
with Microsoft Office and/or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
J. Lee Engineering, Inc. Page 7
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or designee with respect to such disputed
sums. Consultant shall be entitled to receive interest on any withheld sums at the rate
of return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and/or restoration expense shall be
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seg., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
J. Lee Engineering, Inc. Page 8
Attn: Deputy Community Development Director/Chief Building
Official
Community Development Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Jaeyol Lee
J. Lee Engineering, Inc.
430 S. Garfield Avenue, Suite 301
Alhambra, CA 91801
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for
payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non -defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
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which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
J. Lee Engineering, Inc. Page 10
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
J. Lee Engineering, Inc. Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
on C. Harp
City Attorney
ATTEST:
Date: �.
li
�W.li 11 �� i/II 11
:.
City Clerk
cALI0o;�
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:_
Bv
Kevin Muldoo
Mayor
CONSULTANT: J. Lee Engineering, Inc.,
a orporation
Date: California�j / Z0 2 2-
By:
J yol Lee
Chief Executive Officer / Chief Financial
Officer
Date: ?its zZ
essica L
Secre ary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
J. Lee Engineering, Inc. Page 12
EXHIBIT A
SCOPE OF SERVICES
1. BUILDING PLAN REVIEW SERVICES
Consultant shall provide building plan review services to assist the City's Building
Division with timely and accurate plan check services for the following scope of plan
check. Consultant shall provide consultants on staff. Consultant shall:
• Review residential, commercial and industrial buildings for compliance with the
City -adopted codes, including California Building and Residential Codes, Green
Code, Mechanical Code, Plumbing Code, and Electrical Code; The City of
Newport Beach Municipal Code; and State Energy Conservation requirements.
• Provide one (1) Fire Plans Examiner to review fire code plans for residential,
commercial and industrial projects, working off -site and attending meetings, as
directed by the Fire Marshal.
• Provide written notification to each applicant, consisting of a complete
electronically -generated plan check letter, which outlines the documents
reviewed, instructions to the applicant regarding the processing of documents,
and a listing of plan check comments. The plan check comments will refer to
appropriate sheets, details or calculations pages and the code section of
concern. Comments shall specify the apparent code violation.
• Be available, during regular business hours, to discuss and clarify plan check
issues with applicants, designers, owners and consultants. Resolution of code
issues may be performed by telephone, or meetings, prior to resubmitting
corrected plans and documents.
• Attend all required meetings as directed by the Chief Building Official.
• Review soils report, for compliance with CBC, for the proposed scope of work.
• Review grading plans to assure conformance with City codes, written policies
and standard specifications and compliance with the recommendations,
specifications and details contained in the submitted soils report and assure that
all appropriate details are shown on the plans. Review quantity calculations to
assure accuracy and completeness.
• Review surveys, in accordance with City Policy.
• Review Erosion Control Plans to verify erosion and sedimentation measures
comply with the Best Management Practices per City standards.
J. Lee Engineering, Inc. Page A-1
Turn -Around Schedule:
Consultant shall complete each plan check, when not conducted in City Hall,
within the time specified below:
• First Check: Ten (10) working days from submittal by applicant
• Subsequent Checks: Five (5) working days
Qualifications:
• Experience: Four years of experience checking building plans
• Training: Bachelor's degree from an accredited college or university with major
coursework in civil engineering, structural engineering, or architecture.
• License/Certificate: Possession of a valid California driver's license. Possession
of State of California registration as a professional engineer or architect.
Possession of an ICC "Building Plans Examiner" certificate. Possession of an
ICC "Fire Plans Examiner" certificate for reviewing Fire code -based plans.
• Additional Requirement: Members of the consultant team performing Building
Plan Review services on -site, must successfully complete a thorough
background review, including being fingerprinted by Newport Beach Police
Department.
• Supervision Received and Exercised: Consultant will receive direction from the
Chief Building Official or his or her designee.
• Hours of Work: Consultants assisting with Building Plan Review services shall
be available during regular business hours.
2. BUILDING INSPECTION SERVICES:
Consultant shall provide building inspection services to assist City staff with
timely and accurate inspection services for the following scope of inspections.
Consultant's personnel shall be required to report on -site at City Hall, as directed, and
perform field inspections as assigned.
• Provide up to two qualified building inspectors. The City needs up to eighty (80)
hours of Contract Inspection Services per week.
• Provide inspections of all requested inspections and re -inspections for
compliance with City of Newport Beach Municipal Code and State codes and
regulations: California Building Code, Residential Code, Plumbing Code,
Mechanical Code, Electrical Code, Fire Code, Energy Code, Green Building
J. Lee Engineering, Inc. Page A-2
Standards Code, Disabled Access Regulations, and Title 25; Mobile Home Parks
regulations; State Water Resource Control Board regulations related to storm
water pollution prevention; Sound Transmission Control regulations; and, locally
adopted building ordinances and amendments thereof.
• Consultant's personnel shall not be substituted without approval from the Chief
Building Official.
• Maintain all inspection records for all assigned projects, including correction
notices and all documentation related to project inspections.
• Coordinate all inspection and re -inspection requests as assigned.
• Coordinate with the Principal Building Inspector, as appropriate, on
discretionary decisions or requests for alternate materials.
• Coordinate with the Principal Building Inspector on all Certificate of Occupancy
to be sure that all applicable City regulatory agencies have approved the project.
Qualifications:
• Experience: Must have demonstrated work experience performing residential
and commercial inspections on a variety of construction projects. Must have
excellent customer service skills.
• Training: Equivalent to completion of the twelfth grade.
• License/Certificate: Possession of ICC certification as Combination Building
Inspector. Possession of an appropriate valid California driver's license.
• Additional Requirement: On -site members of the consultant team performing
Building Inspection services must successfully complete a thorough background
review, including being fingerprinted by Newport Beach Police Department.
• Supervision Received and Exercised: Contractor receives general supervision
from the Principal Building Inspector.
• Hours of Work: On -site consultants assisting with Building Inspection services
shall be available during regular business hours.
3. BUILDING PERMIT TECHNICIAN SERVICES:
Consultant shall provide services to assist City staff with timely and accurate
permit technician services for the following scope of permit technician services.
Consultant's personnel shall be required to report on -site at City Hall as directed and
perform permit technician work as assigned.
J. Lee Engineering, Inc. Page A-3
• Provide one qualified permit technician. The City needs a full or part time
Contract Permit Technician Services.
• Consultant's personnel shall not be substituted without approval from the Chief
Building Official.
• Provide support and technical assistance at the public counter, over the
telephone and via email; provide general information and assistance to the public
regarding requirements for obtaining permits, zone clearances, and business
license;
• Assist in responding to requests for information from other departments and
governmental agencies regarding the General Plan, Zoning Code, Local Coastal
Program, and Subdivision Code;
• Determine building valuations based on established standards; calculate and
determine a variety of fees for plan checks, permits, taxes and sanitation district
and school district charges;
• Instruct applicants on correct procedures for completing required forms and
applications, provide information regarding City, State and Federal regulations
pertaining to building, planning, and public works activities;
• Maintain recorded of plans and applications submitted; participate or direct the
filing and routing of plans and permits to appropriate City departments and staff,
• Coordinate the plan approval process between various City departments; refer
applicants to appropriate City department or outside agency as necessary;
• Notify applicants when plan or permits are ready for pick-up or issuance;
provide status updates as required;
• Follow-up on stop work orders and complaints;
• Perform data entry and issue permits via the computerized permitting system,
• Verify worker's compensation insurance and State contractor licensing; and
• Perform related duties as assigned.
• Coordinate with the Permit Technician Supervisor and attend all required
meetings as directed by the Chief Building Official.
J. Lee Engineering, Inc. Page A-4
Qualifications:
G Experience: Must have demonstrated work experience performing permit
technician work on a variety of construction projects. Must have excellent
customer service skills.
• Training: Equivalent to completion of the twelfth grade.
• License/Certificate: Possession of ICC certification as Permit Technician.
Possession of an appropriate valid California driver's license.
• Additional Requirement: On -site members of the consultant team performing
Permit Technician services must successfully complete a thorough background
review, including being fingerprinted by Newport Beach Police Department.
• Supervision Received and Exercised: Contractor receives general supervision
from the Permit Technician Supervisor.
• Hours of Work: On -site consultants assisting with Permit Technician services
shall be available during regular business hours.
J. Lee Engineering, Inc. Page A-5
City ofNewport Reach (RFP No. 22-4j Ruilding Plan Review and Inspection Services 4'6.2022)
a- fw-
DATE: April 6, 2022 j L E E
E NG111 EFNING INC
TO: City of Newport Beach
SUBJECT: CITY OF NEWPORT BEACH - PROPOSAL TO PROVIDE BUILDING PLAN
REVIEW AND INSPECTION SERVICES (REQUEST FOR PROPOSAL NO.22-45)
J.Lee Engineering, Inc. (JLee Engineering) is pleased to submit this proposal to provide Building Plan Review
and Inspection Services.
Our proposal is being submitted to provide the following services as described in the RFP:
• Building Plan Review Services • Building Inspection Services
• On -Call Structural Review • Building Permit Technician Services
❖ For the past 22 years, we have been providing a full range of building and safety related services to local
governmental encies.
• Our company and staff have the experience and qualifications to provide the services sought in the RFP.
• Currently, we are successfully providing building and safety related services to 12 local government agencies.
❖ We are committed to our clients in providing high quality services effectively and efficiently.
• For the services provide, we achieve high levels of customer satisfaction from our clients.
❖ For the City ofNewport Beach, we will provide work products and customer service to achieve City's satisfaction:
• We will assign staff with experience and qualifications appropriate for the services requested.
• We will consistently deliver high quality work products on time.
• We will provide optimum value for the services provided.
For this proposal, Mr. Jae Lee is the designated contact person for the compM:
Name/Title: Jae Lee, P.E., CPE, CASp / President
Address: JLee Engineering, Inc. /430 S. Garfield Ave., Suite 301, Alhambra, CA 91801
Phone/email: (626) 284-8906 / JLee@JLeeEngineering.com
We look forward to the opportunity to providing Building Plan Review and Inspection Services for the City of
Newport Beach.
Sincer
e
Lee, PE, CPE, CASp
President
Page 1
430 S. Garfield Ave., Suite 301, Alhambra, CA 91801 • Phone: (626) 284-8906
Section 1
Statement of Qualifications
City ofNewpor•t Beach (RFP No. 22-45 Building. Plan Rei iew and Inspection Services 4 6 2022)
IL tw-
SECTION 1— J L E E
STATEMENT OF QUALIFICATIONS E 0 I N E E R I N O I N C
JLee Engineering has relevant experience and qualifications to provide the all (of the following Building Plan
Review and Inspection Services described in the RFP:
Building Plan Review Services
On -Call Structural Review
I. Company Background
Building Inspection Services
Building Permit Technician Services
❖ J.Lee Engineering, Inc. (JLee Engineering) is a California Corporation located in Alhambra, CA.
❖ For the vast 22 years, we have been providing building and safety related services with great successes and
maintained excellent service record of high aualitv and on -time delivery to our clients.
• We provide services to meet our clients' needs and priorities.
• We deliver high quality work products and customer service.
• We assign staff with experience and qualifications appropriate for the services requested.
• We provide optimum value for each service requested by the clients.
❖ We are a full -service firm that specializes in providing a full range of building and safety related services to
local governmental agencies. Our services include, but not limited to:
• Plan Review and Inspection Services
o Conventional new, addition, and alteration of residential, commercial, and industrial projects
o High profile and complex residential, commercial, and industrial development projects
o Specialized governmental facility projects
o Seismic retrofit and upgrade projects
• Engineering and Technical Support Services (Structural reviews of complex projects; Geology and
geotechnical report reviews)
• Permit Technician Services and Other Staff Augmentation Services
• Disabled Access Evaluations and Certified Access Specialist (CASp) Program
• Other Building and Safety Related Services (Code related trainings, Code research and modification
request reviews
H. Relevant Local Experience
❖ Currently, we provide building and safety related services 12 local government agencies, which range from
small local communities to large counties. We provide services that are similar or identical to the scope of
services in the RFP.
Client Agency
Types of Services
• City of Beverly Hills
Plan Review and Supplemental Services
• City of Burbank
Plan Check, Permit Technician, and Engineering Consultant Services
• City of Culver City
Plan Check Services
• City of El Segundo
Plan Check and As -Needed Inspection Services
• City of Gardena
Permit Technician and Other Services
Page 2
430 S. Garfield Ave., Suite 301, Alhambra, CA 91801 • Phone. (626) 284-8906
City of Newport Beach (RFP No. 22-45 Building Plan Review and inspection Services 4/6/2022)
• City of Hawthorne
Plan Check and Inspection Services
• City of Inglewood
Plan Check and Inspection Services
• City of Malibu
Planning Review Services
• City of Pasadena
Plan Review Services
• City of Redondo Beach
Plan Check and Inspection Services
• City of Santa Ana.
Plan Check and Building Inspection Services
• County of Los Angeles
Plan Check, Inspections, Permit Technicians, and Related Services
• County of Riverside
Plan Check and Inspection Services
County of San
Bernardino
Plan Review, Inspection, and Permit Technician Services, Emergency
Response, and Special Projects
III. Staff Qualifications and Commitment
❖ Our staff have the experience expertise in their respective field and discipline. Our staff is committed to the
company's emphasis and focus on quality and customer service.
• Our staff possess education, training, licenses, certifications, and experience years that will meet or exceed
each client's requirements when assignments are made.
IV. Ability to Delivery of Services
❖ We develop and execute work plans and quality assurance plan to provide quality work products and services
consistently and timely.
❖ We continuously review resource management plan by monitoring our resource to minimize service
interruptions to our clients.
V. Service Fee Value
❖ Our fees are very competitive and are commensurate with the high -quality level of services we provide.
• We deliver our services on -time.
• We deliver work products which are clear and comprehensive for the clients.
• We deliver our services efficiently to mitigate redundant and unnecessary efforts.
• We respond to our clients promptly, and address and resolve issues expeditiously with minimum efforts
required by the client.
In summary, our proposal will demonstrate our ability to successfully deliver the services sought by the City.
1. We have relevant experience and qualifications related to the scope of services.
2. We have effective work plans, quality assurance plan, and staff management plan, and customer service plan.
3. Our cost proposal includes service rates commensurate with the quality of work we deliver.
Page 3
430 S. Garfield Ave., Suite 301, Alhambra, CA 91801 • Pluone: (626) 284-8906
Section 2
Organizational Information
City of Newport Beach (RFP No. 22-45 Building Plan Review and inspection Services 4 6 2022 ) Cow
SECTION 2— j L E E
ORGANIZATION INFORMATION E N E E R I N G N C
We can confirm that our staff has the relevant experience and qualifications to provide the scope of services
sought by the City of Newport Beach.
• Building Plan Review Services • Building Inspection Services
• On -Call Structural Review • Building Permit Technician Services
❖ Our staff is knowledgeable and dedicated to develop technically and to stay current with local code and regulatory
requirements of each client.
❖ We are committed to deliver high quality services for the Scope of Services specified in the Request for Proposal
(RFP).
❖ For all services requested in the RFP, we will assign and provide knowledgeable and experienced staff appropriate
and specific for the task. For each discipline or specialized fields, our staff will meet or exceed the qualifications
required by the City.
I. Principal Manager / Administrator (Primary Contact Person for All Services)
JLee Engineering is designating Mr. Jae Lee, P.E., CPE., CASp as the Principal Manager / Administrator
who will be responsible for the delivery of services in accordance with the scope of services for the City.
Mr. Lee will be the primary point of contact for all service requests for the City of Newport Beach.
Mr. Lee will be responsible for overall supervision, administration, and coordination of all activities for the
services to be provided.
Mr. Jae Lee has over 30 years of experience in providing plan check, building and safety, and other
consultant services for many municipal and local agencies including the, City of Los Angeles, City of
Beverly Hills, City of Burbank, City of Culver City, City of Glendora, City of El Segundo, City of
Hawthorne, City of Hermosa Beach, City of Inglewood, City of Long Beach, City of Pasadena, City of
Redondo Beach, and City of Santa Ana, County of Los Angeles, County of Riverside, and County of San
Bernardino.
Mr. Jae Lee is successfully delivering quality of services to current client's satisfaction.
Page 4
430 S. Garfield Ave., Suite 301, Alhambra, CA 91801 • Phone: (626) 284-8906
City of Newport Beach (RFP No. 22-45 Building Plan Review and Inspection Services 4/6/2022)
H. Staff Experience and Qualification Summary
A. Building Plan Review Services
1. Jae Lee, P.E., CPE, CASs — Sr. Plan Check Engineer (Proiect Manager / Administrator /
BuildinE / CASP)
Education
• University of California, Berkeley (UC Berkeley) — B.S. Civil Engineering
Licenses, Certificates, and Registrations
• California Professional Engineer — Civil Engineer
• ICC Certified Plan Examiner
• Certified Access Specialist (CASp)
• ICC LA Basin Chapter Structural Code Committee Member
Summary of Experiences
• Over 30 years of experience in plan checking and structural engineering with California
Division of the State Architect (DSA), County of Los Angeles Building and Safety, City of Los
Angeles Building and Safety, City of Beverly Hills, City of Burbank, City of Culver City, City
of El Segundo, City of Glendora, City of Hawthorne, City of Hermosa Beach, City of
Inglewood, City of Long Beach, City of Pasadena, City of Redondo Beach, City of Santa Ana,
County of Riverside, and County of San Bernardino.
• Perform plan check services at LA County Alhambra Head Quarter office of Building and
Safety Division for LA County Capital projects and complex building projects for 14 years
since 2003.
• Manage and prioritize the plan review workload to ensure completion within established time
and coordinate with clients on policies and procedures related to code developments and code
compliances.
• Supervise the work of plan check staff involved in reviews of building plans, structural
calculations, geotechnical investigations, Title 24 calculations and related documents for
residential, commercial and industrial constructions; ensure that all building plan reviews are
in compliance with all code and local regulations.
• Provide plan check reviews for complex building projects and interpretations,
recommendations and training in building codes.
2. Jameson Lee, S.E., P.E. — Sr. Plan Check Engineer (Buildine / Supervisor)
Education
• Polytechnic Institute of New York —M.S. Structural Engineering
• Chung Yuan University — B.S. Civil Engineering
Licenses, Certificates, and Registrations
• California Structural Engineer (S.E.)
• California Professional Engineer — Civil Engineer
Page 5
430 S. Garfield Ave., Suite 301, Alhambra, CA 91801 • Phone: (626) 284-8906
City of Newport Beach (RFP No. 22-45 Building Plan Review and Inspection Services 4/6/2022)
Summary of Experiences
• Oversee and perform plan reviews for seismic retrofit building projects and training at JLee
Engineering, Inc.
• Perform plan reviews for large and complex projects, provide code training for plan check
engineers, provide code consultations to client agencies at JLee Engineering, Inc.
• Over 31 years of experience in structural engineering and plan checking at the City of Los
Angeles, Building & Safety (1988 to 2019)
o Plan check supervisor for High-rise and major project group
o Chief of Soft story retrofit program
o Director of Case Management Unit
o Code consultant & Permitting coordinator for LAX international Airport Modernization
Project
o Chair of Adaptive Reuse Program (Converting commercial/office building to live work
units)
o Plan Check Engineer / Supervisor — Highrise and Major Project Group
■ Review plan checkers' correction comments and provide Code's consultation
Plan checking projects to ensure compliance with Code provisions:
3. Benjamin Ling, S.E., P.E, CPE —Sr. Plan Check Engineer (Building / Structural)
Education
• National Taiwan University —B.S. Civil Engineering
• University of Texas at Austin — M.S. Structural Engineering
Licenses, Certificates, and Registrations
• California Structural Engineer (S.E.)
• California Professional Engineer — Civil Engineer
• ICC Certified Plans Examiner
Summary of Experiences
• Over 28 years of experience in architectural/ structural plan review for commercial, residential
and government buildings and facilities.
• Significant projects include Campus Kilpatrick, the "LA Model" of holistic juvenile treatment
and rehabilitation center, Rancho Los Amigos National Rehabilitation Center, Marina Del Rey
mixed use development, Hall of Justice renovation and new construction, Disney Concert Hall,
and Reconstruction of USC, UCLA and Martin Luther King Medical Centers.
• Coordinate construction documents, including calculations for LA County facilities, such as
music centers, libraries, hospitals, museums, jails, and etc.
• Design unreinforced masonry buildings for earthquake hazard mitigation, and high-rise pre-
stressed concrete buildings, subterranean condominium, custom-made houses, and apartment
buildings.
Page 6
430 S. Garfield Ave., Suite 301, Alhambra, CA 91801 • Phone. (626) 284-8906
City of Newport Beach (RFP No. 22-45 Building Plan Review and Inspection Services 4/6/2022)
4. Sean M. Hughes, S.E., P.E., CPE, CPRE —Sr. Plan Check Engineer (Building / Structural)
Education
• California State Polytechnic University — M.S. Civil Engineering
• California State Polytechnic University — B.S. Civil Engineering
Licenses, Certificates, and Registrations
• California Structural Engineer (S.E.)
• California Professional Engineer — Civil Engineer
• National Council of Examiners for Engineering & Surveying
• ICC Certified Plans Examiner
• ICC Certified Residential Plans Examiner
Summary of Experiences
• Over 20 years of experience in structural engineering and plan checking with JLee Engineering,
Inc and other firms.
• Performed plan check services at the County of Los Angeles San Gabriel office.
• Perform plan check for residential, commercial, and industrial projects to achieve governing
code compliance for fire and life safety, structural, and disable access.
5. Edward Alexanians, P.E., S.E. — Sr. Plan Check Engineer (Building / Structural)
Education
• University of California, Los Angeles (UCLA) — M.S. Structural Engineering
• Tehran University, Iran — B.S. and M.S. in Structural Engineering
Licenses, Certificates, and Registrations
• California Structural Engineer (S.E.)
• California Professional Engineer — Civil Engineer
Summary of Experiences
• Joined JLee Engineering, Inc. after over 24 years of experience in plan checking and structural
engineering at the Los Angeles County Building and Safety.
• Provided plan check services for various projects at the County of Los Angeles, City of Beverly
Hills, City of Alhambra, City of El Segundo, and Temple City.
• Performed plan check services and assisted research section at the County of Los Angeles in
Alhambra headquarter office since 2012.
• Provide plan check for residential, commercial, industrial building projects with varying degree
of complexity and sizes: single family wood -frame buildings to mid- and high-rise office
buildings. Provide building code interpretations to plan check engineers and design
professionals.
Page 7
430 S. Garfield Ave., Suite 301, Alhambra, CA 91801 • Phone: (626) 284-8906
City of Newport Beach (RFP No. 22-45 Building Plan Review and Inspection Services 4/6/2022)
6. Peter Kim, S.E., P.E. — Sr. Plan Check Engineer (Building)
Education
• University of California, Berkeley (UC Berkeley) — M.S. Structural Engineering
• University of California, Berkeley (UC Berkeley) — B.S. Civil Engineering
Licenses, Certificates, and Registrations
• California Structural Engineer (S.E.)
• California Professional Engineer — Civil Engineer
Summary of Experiences
Over 30 years of experience in structural engineering and plan checking at the City of Los
Angeles, Building & Safety (LADBS)
o Chief, Metro Structural Plan Check — Guide and manage high-rise & complex buildings,
Implement the Non -Ductile Concrete Retrofit program
o Office Manager at West Los Angeles, Van Nuys & South Los Angeles District Office —
Manage the operations of multiple plan check divisions and sections
o Chief of Specialty Engineering, the Zoning Engineer — Provide technical advice to the
LADBS Commission
o Metro & Van Nuys Counter Chief — Manage the Structural plan check counter
Other wide range of experiences in numerous Division and Sections of LADBS: Case Manager,
Structural plan check, Earthquake Safety & Disabled Access
7. Randy Kina, P.E. — Sr. Plan Check Engineer (Building / Structural)
Education
• University of California, Los Angeles — B.S. Civil Structural Engineering
Licenses, Certificates, and Registrations
• California Professional Engineer — Civil Engineer
• ICC Certified Plans Examiner
Summary of Experience
• Over 40 years of experience in plan check with City of Los Angeles, City of El Segundo, and
Mee Engineering, Inc.
• 7 years as a Sr. Plan Check Engineer at Mee Engineering, Inc.
o Performed building plan review services for assigned governmental agencies.
o Provided on -site plan check at LA County district office in City of Lomita.
• 8 years as a Sr. Plan Check Engineer at the City of El Segundo, Building and Safety Department
o Reviewed all types of projects which include various sizes of single family dwelling and
duplexes, up to 6-story apartment buildings and condominiums, mini -shopping centers,
restaurant buildings, retail buildings, office buildings, private school buildings, day care
buildings, manufacturing buildings, warehouse buildings, and refinery structures.
o All types of tenant improvement projects were also reviewed that include ones for high rise
buildings.
Page 8
430 S. Garfield Ave., Suite 301, Alhambra, CA 91801 • Phone: (626) 284-8906
City of Newport Beach (RFP No. 22-45 Building Plan Review and Inspection Services 4/6/2022)
o Reviewed projects for storm water mitigation measures, green building requirements, and
energy regulations.
27 years as 9 years as a Plan Check Engineer at the City of Los Angeles, Building and Safety
Department.
o Performed plan check at Metro, San Pedro and West L.A offices.
o Performed duties as plan check supervisor at West L.A. office.
o Received multiple Employee of the Quarter Awards - a first for an employee to receive the
award more than once.
8. David McCombs P.E. — Sr. Plan Check Engineer (Building / Structural)
Education
• California State University in Long Beach — B.S. Civil Engineering
Licenses, Certificates, and Registrations
• California Professional Engineer — Civil Engineer
Summary of Experience
Over 9 years at the City of Los Angeles, Department of Building and Safety as a plan check
engineer and plan check supervisor.
o Managed a team of plan checkers, support staff and inspector.
o Interpret codes for the Code Enforcement team, and City Attorney.
o Interacted with, Contractors, Architects, Engineers, and homeowners. Projects included but
not limited to Residential and Commercial construction, alterations, and Tenant
Improvements.
o Assigned and reviewed plans to staff for the permit issuance process.
o Resolved Building and Zoning codes disputes.
o Provided preliminary plan and Zoning compatible reviews.
o Facilitated requests for code modifications.
o Developed the office procedures to service the growing customers with limited staff and
resources.
• Over 14 years at the Los Angeles World Airport (LAWA) an engineer, planner, and project
manager.
o Reviewed and facilitated proposed projects with respect to egress, security, fire protection,
parking, ADA and occupancy separations.
o Verified ADA compliance due to extensive renovation and building physical constraints.
o Generated conceptual plans for various parking facilities and lots for various tenants and
uses. This includes general parking, limousines, freight with associated loading
zones/docks and car rental facilities.
o Managed airport project during design and construction phase ensuring code compliance.
o Facilitated meetings, Change Orders Requests and Request for Information for projects
throughout airport. Said tasks involves comparing requests to the specification and contract
documents. This is similar to plan submittals and code regulations.
o Mediate code issues between the Building and Safety Inspections and project contractors.
Page 9
430 S. Garfield Ave., Suite 301, Alhambra, CA 91801 • Phone. (626) 284-8906
City of Newport Beach (RFP No. 22-45 Building Plan Review and Inspection Services 4/612022)
9. Dave Takata, P.E. —Sr. Plan Check Engineer (Building)
Education
• California Polytechnic State University, San Luis Obispo — B.S. Civil Engineering
Licenses, Certificates, and Registrations
• California Professional Engineer — Civil Engineer
• ICC Certified Plans Examiner
Summary of Experiences
• Perform plan reviews for residential building plans and provide inputs on various code
interpretations and enforcement -related topics at JLee Engineering, Inc.
• Over 20 years of experience in structural engineering and plan checking at the City of Los
Angeles, Building & Safety (LADBS) and Department of Public Works, Bureau of Engineering
o Reviewed architectural and structural plans to ensure the proposed structures of various
types of construction complied with all building, zoning, and disabled access
requirements.
o Provided written responses (Council Rule 38) on behalf of the department regarding the
interpretation and enforceability of proposed Zoning code changes.
o Reviewed subdivision maps for proposed tract maps, parcel maps, parcel map
exemptions, and private street developments. Represented the department in public
hearings (Advisory Agency) on proposed subdivisions.
o Assist and direct design consultants and city staff to achieve code compliance for the
given project or code requirement and to maintain the design within budget.
o Perform constructability and value engineering reviews throughout the development of
the project.
10. Dean Lee — Sr. Plan Check Engineer (Building)
Education
• University of California, Los Angeles (UCLA) — M.S. Structural Engineering
Licenses, Certificates, and Registrations
• ICC Certified Plans Examiner
Summary of Experiences
• Perform plan reviews for residential building plans and commercial tenant improvement
projects at JLee Engineering, Inc.
• Over 35 years of experience in structural engineering and plan checking at the City of Los
Angeles, Building & Safety (LADBS)
o Plan reviewed for major structure project
o Performed plan check for commercial, mixed -use, apartment, and residential projects
o Served as public counter supervisor at the Metro and Van Nuys offices
o Aided with the design of the I-105 FWY to LAX on/off ramp with Caltrans
o Drafted bridge retrofit project at San Pedro
Page 10
430 S. Garfield Ave., Suite 301, Alhambra, CA 91801 9 Phone. (626) 284-8906
City of Newport Beach (RFP No. 22-45 Building Plan Review and Inspection Services 4/6/2022)
11. Kathy Rhee, P.E. — Plan Check Engineer (Building / Structural)
Education
• University of California, Los Angeles (UCLA) — M.S. Structural/ Earthquake Engineering
• University of California, Los Angeles (UCLA) — B.S. Civil Engineering
Licenses, Certificates, and Registrations
• California Professional Engineer — Civil Engineer
• ICC Certified Plans Examiner
Summary of Experiences
• Review and plan check various soft story buildings for the City of Beverly Hills at JLee Engineering,
Inc.
• Over 10 years of experience engineering design and field engineering.
o Modeled and analyzed multi -family wood residential building projects 4 stories and less.
o Designed for seismic loads per latest ASCE codes.
o Checked shop drawings for adherence to design drawings and code.
o Inspected construction of concrete foundation and base wood framing of individual
homes. Submitted daily reports on construction progress and need for structural repairs.
o Assessed previous design of Bridge Pipe Rack, Utility Pipe Rack and Sulfur Recovery Unit
per ASCE 41 and latest seismic provisions.
o Developed material take -off list and red line drawings of updated structures as compared
with previous IFC drawings and on -site construction.
o Performed field verification of calculations and drawings submitted by subcontractor for
installation of various equipment in hydroelectric plant.
o Performed design and planning of new oil refinery in Alaska from conception to
construction.
12. Kalif Walker, P.E. — Plan Check Engineer (Building / Structural)
Education
• University of California, Los Angeles (UCLA) — M.S. Structural/ Earthquake Engineering
• The City College of New York —B.S. Civil Engineering
Licenses, Certificates, and Registrations
• California Professional Engineer — Civil Engineer
• ICC Certified Plans Examiner
Summary of Experiences
• Review and plan check various soft story buildings in the City of Beverly Hills at JLee Engineering,
Inc.
• Over 2 years of experience engineering design and field engineering.
o Analyzed and sized wood, concrete and steel beams under gravity loading in compliance
with NDS 2018, ACI 318-14 and AISC 2015
Page 11
430 S. Garfield Ave., Suite 301, Alhambra, CA 91801 • Phone: (626) 284-8906
City of Newport Beach (RFP No. 22-45 Building Plan Review and Inspection Services 4/6/2022)
o Designed plywood shear walls, steel cantilevered columns and other lateral force resisting
systems for wind and seismic loads in accordance with ASCE 7-16, SDPWS 2018, and
AISC 2015
o Established framing layouts of roof members and floor joists to optimize construction
methods and comply with architectural drawings
o Provided responses to building department plan check comments
o Prepared structural drawings and details for client review and field support
o Performed structural observations for foundations to verify anchorage placement and
footing depths prior to concrete pour
o Coordinated with and provided solutions for framers and field engineers regarding
problems that arose during construction
Page 12
430 S. Garfield Ave., Suite 301, Alhambra, CA 91801 a Phone: (626) 284-8906
City of Newport Beach (RFP No. 22-45 Building Plan Review and Inspection Services 4/6/2022)
B. Plumbing and Mechanical Plan Review Services
1. Victor J. Muro, P.E., CPE. — Sr. Plan Check Engineer (Plumbing / Mechanical)
Education
• California State University, Long Beach — B.S and M.S. Mechanical Engineering
Licenses, Certificates, and Registrations
• California Professional Engineer — Mechanical Engineer
• ICC Certified Mechanical Plans Examiner / Plumbing Plans Examiner
Summary of Experiences
• Over 7 years of experience in mechanical & plumbing plan check and mechanical engineering
at the County of Los Angeles Building and Safety, the City of Irvine Dept. of Building & Safety
and JLee Engineering, Inc.
• Review and approve plans for compliance with applicable plumbing code, mechanical code,
green building standards and energy efficiency standards.
• Develop and revise existing technical documentation such as information bulletins and permit
applications for public assistance.
• Grant approvals for third -party product listing and testing agencies upon review of their
credentials for the Mechanical Testing Laboratory.
2. Cristina L. Siider, P.E. —Sr. Plan Check Engineer (Plumbing / Mechanical)
Education
• University of California, Irvine — B.S. Mechanical Engineering
Licenses, Certificates, and Registrations
• California Professional Engineer — Mechanical Engineer
Summary of Experiences
• Over 11 years of experience in mechanical plan check and mechanical engineering for the
Department of Building and Safety at the City of Los Angeles, Los Angeles World Airports,
and JLee Engineering, Inc.
• Review plumbing, mechanical, fire sprinkler and elevator system plans for various types of
buildings, from single family dwellings to high rises, for operation and code compliance with
the Los Angeles plumbing code, mechanical code, state of California energy code, and other
applicable state and city ordinances.
• Provide code related interpretations for plumbing, mechanical, fire sprinkler and elevator
systems. Perform field inspections and evaluations of existing conditions of its mechanical
design.
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430 S. Garfield Ave., Suite 301, Alhambra, CA 91801 • Phone: (626) 284-8906
City of Newport Beach (RFP No. 22-45 Building Plan Review and Inspection Services 4/6/2022)
C. Electrical Plan Review Services
1. Dean Yannimoto, P.E. — Sr. Plan Check Engineer (Electrical)
Education
• University of California, Los Angeles (UCLA) — B.S. Electrical Engineering
Licenses, Certificates, and Registrations
• California Professional Engineer — Electrical Engineer
Summary of Experiences
• Over 23 years of experience in electrical plan check, electrical engineering and project
management for the Department of Water and Power and Department of Building and Safety
for the City of Los Angeles, Los Angeles World Airports and JLee Engineering, Inc.
• Checked Commercial and Residential Architectural Plans for Title 24 Disabled Access
requirements. Reviewed Commercial and Residential Electrical drawings for compliance with
National Electrical Code, L.A. Electrical Code and California Energy Regulations.
• Prepared Electrical Plans, Specifications and Bid documents for construction projects at Los
Angeles International Airport.
• Projects include LAX Apron Lighting Upgrade, Terminal 3 Switchboard Replacement, and
Passenger Boarding Bridge Replacement.
• Reviewed Electrical Plans and Specifications for compliance with Los Angeles World Airport
Standards, FAA Advisory Circulars and National Electrical Code. Coordinated Projects with
other City and Federal Agencies (Building and Safety, Water and Power, FAA, TSA).
2. Edwin Perez, P.E. — Plan Check Engineer (Electrical)
Education
• California State University, Northridge (CSUN) — B.S. Electrical Engineering
Licenses, Certificates, and Registrations
• California Professional Engineer — Electrical Engineer
• ICC Certified Electrical Plans Examiner
Summary of Experiences
• 4 years of experience in plan checking electrical power distribution systems and ensure
compliancy with Los Angeles Electrical Code, Building ode, NFPA 72 and Title 24 Energy
standards with the City of Los Angeles Building and Safety, Department of Water and Power,
and JLee Engineering, Inc.
• Meet with engineers for plan check and submittal of electrical plans that require minimal or
extensive plan evaluation.
• Evaluate project complexity and perform associated research to ensure proper understanding
of the project and address any potential safety to life concerns.
• Generating construction documents and procuring associated equipment.
• Provide customers with technical guidance for any Electrical related issues.
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430 S. Garfield Ave., Suite 301, Alhambra, CA 91801 • Phone. (626) 284-8906
City of Newport Beach (RFP No. 22-45 Building Plan Review and Inspection Services 4 6,2022)
D. Fire Plan Review Services
1. Smith Choi, P.E. — Sr. Plan Check Engineer (Fire)
Education
• West Virginia University Institute of Technology — M.S. Mechanical Engineering
Licenses, Certificates, and Registrations
• California Professional Engineer — Mechanical Engineer
• Certified Fire Plans Examiner by National Fire Protection Association
• Certified Energy Auditor by California Energy Commission
Summary of Experiences
• Over 20 years of experience in reviewing and interpreting site plans, building plans, fire
protection system plans, fire alarm plans, specifications, and calculations submitted for
residential tracts, multi -unit residential homes, public assembly, and commercial, industrial
buildings to ensure compliance with codes, ordinances, and other applicable regulations
• Review plans for life safety and fire protection systems, water plans, and building
construction plans for features in accordance with the International Fire Code.
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430 S. Garfield Ave., Suite 301, Alhambra, CA 91801 • Phone: (626) 284-8906
City of Newport Beach (RFP No. 22-45 Building Plan Review and Inspection Services 4/6/2022)
E. Geotechnical and Engineering Geology Review Services
1. Charles T. Nestle, P.G., E.G — Geologist
Education
• California State University, Los Angeles (CSULA) — M.S. Geology
• California State University, Humboldt — B.A. Geology
Licenses, Certificates, and Registrations
• California Engineering Geologist
• Association of Environmental & Engineering Geologist
• Geological Society of America
• American Institute of Professional Geologist (AIPG)
Summary of Experiences
• Over 28 years of experience in engineering geology and geological studies for the County of
Los Angeles, Department of Public Works.
• Review reports prepared by geologist for the building plans, grading plans, tentative tract maps
for construction projects.
• Revise existing policies and develop new policies to accommodate changes in the State and
County Codes and standards of practices. Contribute to revisions of the County of Los Angeles
building and grading codes and policies.
2. Paul Chang, P.E., G.E. — Geotechnical Engineer / Sr. Plan Check Engineer
(Civil/Gradin2/Geotechnical)
Education
• University of Missouri -Rolla— M.S. Civil Engineering
• National Taipei University of Technology — B.S. Civil Engineering
Licenses, Certificates, and Registrations
• California Professional Engineer — Civil Engineer / California Geotechnical Engineer
ICC Certified Plans Examiner
Summary of Experiences
• Over 30 years of experience in the geotechnical engineering field and related construction
management & peer reviews.
• Design and construction management for concrete and embankment dams improvement
projects (8 major dams in Los Angeles County). Los Angeles County Dams Safety Monitoring
Program Lead and DSOD compliance liaison.
• Has extensive experience with residential, commercial and public works projects and broad
experience in hillside developments, LID site assessments and designs, foundation and earth
structure failure investigations, value engineering, and project management.
• Perform design and construction monitoring of shallow and deep foundations, mechanical
stabilized earth (MSE) and convention retaining walls, shoring, structural underpinning works,
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430 S. Garfield Ave., Suite 301, Alhambra, CA 91801 9 Phone. (626) 284-8906
City of Newport Beach (RPP No. 22-45 Ruilding Plan Review and Inspection Services 4 6'2022)
landslide failure study, pavement and drainage failure investigations, water retaining structures
stability and seepage analyses, seismic and soil liquefaction studies, structural fill evaluations,
settlement analysis, soil -cement treatment, soil -lime stabilization, shoring design and forensic
studies.
Page 17
430 S. Garfield Ave., Suite 301, Alhambra, CA 91801 • Phone: (626) 284-8906
City of Newport Beach (RPP No. 22-45 Building Plan Review and Inspection Services 46 2022)
F. Inspection Services
1. George Perez — Sr. Inspector
Licenses, Certificates, and Registrations
• ICC Building Inspector
• ICC Mechanical Inspector
• ICC Plumbing Inspector
• ICC Residential Electrical Inspector
Summary of Experiences
• Over 31 years of experience as Building Inspector, Sr. Building Inspector, Project Manager
• Inspector of Record and inspection of large commercial building at the County of Los Angeles,
Architectural Engineering Division.
• Project Manager at the County of Los Angeles, Dept. of Park and Recreation Project
Management Division
• Building Inspector at the City of Beverly Hills — Inspect residential and commercial buildings
at various stages of construction, mechanical plan checks, alteration and report for compliance
of two or more of the city's technical codes.
2. Richard Bagby — Sr. Inspector
Licenses, Certificates, and Registrations
• ICC Certified Commercial Building Inspector
Summary of Experiences
• Over 36 years of experience as Building Inspector, Sr. Building Inspector, Regional/District Office
Manager.
• Sr. Building Inspector at the Los Angeles County Calabasas Building and Safety — Inspection
of major projects in Topanga Canyon, Calabasas, Malibu, and Chatsworth
• Sr. Building Inspector at the City of El Segundo — Commercial and Residential constructions
• Los Angeles County Building and Safety Santa Clarita Valley Office — Managed development
and grading of Stevenson Ranch, Safety inspections and new construction inspections at Magic
Mountain. Supervised Grading, Building, Valencia.
• Los Angeles County Building and Safety Lennox Lomita Office — Managed construction in
Marina Del Rey in addition to district office boundaries.
• Los Angeles County Building and Safety — Combination Inspections.
3. Jose Alvarez, P.E. — Sr. Inspector
Licenses, Certificates, and Registrations
• California State Polytechnic University — B.S. Civil Engineering
• California Professional Engineer — Civil Engineer
Page 18
430 S. Garfield Ave., Suite 301, Alhambra, CA 91801 • Phone: (626) 284-8906
City of Newpa•t Beach (RFP No. 22-45 Building Plan Review and Inspection Services 4 6 2022)
Summary of Experiences
• Over 31 years of experience as Plan Check Engineer, Sr. Plan Check Engineer, and Building
Official at the City of Inglewood.
• Performed structural plan check, electrical, plumbing, mechanical and fire protection plan
check.
• Provided code interpretations, developed standard plan check correction sheets.
4. Dan Freleaux— Sr. Inspector
Licenses and Certifications
• ICC Certified Building Inspector / ICC Certified Plumbing Inspector
• ICC Certified Reinforced Concrete Inspector
Summary of Experiences
• Over 27 years of experience as Building Inspector, Sr. Building Inspector, District Engineering
Associate, and Regional Trainer.
• Inspected multi -family residential, concrete tilt -up constructions & commercial buildings.
• Investigated construction site for illegal practices and hazardous conditions.
• Organized and scheduled the work of building inspectors.
• Coordinated inspections and developed policies.
• Supervised construction inspections for high profile projects and inspectors.
Page 19
430 S. Garfield Ave., Suite 301, Alhambra, CA 91801 • Phone: (626) 284-8906
Re�r..l, W! P 224�5 Ruiklirig Plan kLcv m,,,, 4
G. Permit Technician Services
1. Kristy Romo, ICC Certified Permit Technician
• 8 years of experience as a permit technician and has experience working at the County of San
Bernardino Land Use Services and City of Moreno Valley.
• Project Manager for new project submittals to include Construction Plans, Grading Plans, Street
Improvement Plans, Hydrology, and Technical Studies to ensure accuracy and timely
processing.
• Review and condition commercial and ministerial permits for road and drainage compliance.
• Perform residential plan reviews to ensure compliance with the County Development Code
• Research and compile data for daily Land Development report.
• Maintain and update material related to Land Development procedures, also providing
guidance and training to new Land Development staff.
• Provide land use information; interpret County ordinances, department policies, and procedures
to the public on matters pertaining to land use construction, regulations, and requirements.
• Utilize computer software programs such as Accela Automation, Permits Plus, FEMA, Google
Earth, PIMS, and GIS Viewer.
• Liaison for additional phases of department implementation for the County's Accela
Automation/EZ Online Permitting System.
2. Sarah Catalan Ruvalcaba, ICC Certified Permit Technician
• Prescreen and verify submitted plans and construction documents to ensure completeness for
timely reviews. Notify or contact the applicant for missing items.
• Maintain accurate and up-to-date electronic and hardcopy project files and plan review records.
• Communicate with client cities, counties, permit applicants, property owners, and organizations
and follow up with inquiries.
• Research code and records.
• Create and update manuals and checklists for processing plan reviews for client cities and
counties.
• Reading and interpreting Building and Accessible code.
3. Keumhee Kim, ICC Certified Permit Technician
• 13 years of experience as a permit technician.
• Conduct data entry of permit application information and update plan check progress
• Communicate with city staffs and design professionals to expedite plan check process
• Review submissions and plans for completeness
• Research property records
• Organize and store plan check related document and records
4. Adriana Cervantes, ICC Certified Permit Technician
• 1 year of experience as a permit technician and has experience working at the County of Los
Angeles East LA office.
• Has experience in permit project management for tenant improvement, residential remodels,
Page 20
430 S. Garfield Ave., Suite 301, Alhambra, CA 91801 • Phone: (626) 284-8906
City of Newport Beach (RFP No. 22-45 Building Plan Review and Inspection Services 4%6 2022)
demolitions, new multifamily residences, and various clearance types throughout Los Angeles
County
• Assist the public with completing and filling out applications for various types of permits.
• Research properties and permit history for staff and the public.
5. Marilyn Mora, Permit Technician
• 5 years of experience as a permit technician and has experience working at the County of San
Bernardino Land Use Services.
• Assist the public on the department's online websites, EZOP & Virtual Counter Review
submissions and plans for completeness.
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430 S. Garfield Ave., Suite 301, Alhambra, CA 91801 • Phone: (626) 284-8906
Section 3
Project Approach / Methodology
City of"Newport FRach (RT'P'iv. 32-4� Ruildin2 Plan Rev iew and Tn pectiun 4 6 3(1_2)
4L
SECTION 3 - ) L E E
PROJECT APPROACH / METHODOLOGY
We can confirm that we have the relevant experience and methodology to provide the scope of services sought
by the City of Newport Beach.
• Building Plan Review Services • Building Inspection Services
• On -Call Structural Review • Building Permit Technician Services
❖ For our currently clients, we have been successfully delivering services and maintain high levels of client
satisfaction.
❖ For the City of Newport Beach, we will develop and execute specific Work Plan, Quality Assurance Plan, and
Staffing Management Plan to achieve successful service delivery.
• We will provide knowledgeable and experienced staff with the appropriate levels of experience and
qualifications.
We will commit to providing quality work products and deliverables.
We will commit to thorough and on -time delivery of all services.
We will commit to providing excellent customer service for the City.
I. Understanding of Scope of Work
❖ We have reviewed and have a clear understanding of the scope of work and requirements described in the
RFP.
❖ We can confirm that we have the relevant experience to successfully deliver services.
❖ We can confirm that we have staff with experience and qualifications meeting the City requirements.
The following is a summary of our understanding of scope of services and requirements:
A. City's Objective:
• The City of Newport Beach is seeking one or more firms to provide: Building Plan Review
Services, On -Call Structural Review Services, Building Inspection Services, and Building Pen -nit
Technician Services.
B. City's Employment Provision
1. Employment of persons and sub -Consultants working on the contract will not discriminate on the basis
of race, color, creed, national origin, religion, sex, age, or handicap.
2. At the City, individuals will not work more than 960 hours a year at the City; full-time for more than six
(6) months; and regular part-time service of at least twenty (20) hours per week for one year or longer.
3. Consultant will maintain control of the manner and means of their individual's work schedules
4. Consultant will ensure their individuals, working on City projects, understand they do not work for the
City and there is no employee/employer relationship.
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430 S. Garfield Ave., Suite 301, Alhambra, CA 91801 • Phone. (626) 284-8906
City of Newport Beach (RFP No. 22-45 Building Plan Review and inspection Services 4/6/2022)
C. Building Plan Review Services
1. Off -site plan reviews within the following turn -around schedule:
a. First Check: Ten (10) working days from submittal by applicant
b. Subsequent Checks: Five (5) working days
2. Provide building plan check services which include:
• Review residential, commercial and industrial buildings for compliance with the City -adopted
codes.
• Provide one (1) Fire Plans Examiner to review fire code plans for residential, commercial and
industrial projects, working off -site and attending meetings, as directed by the Fire Marshal.
• Provide written notification to each applicant, consisting of a complete electronically -generated
plan check letter, which outlines the documents reviewed, instructions to the applicant regarding the
processing of documents, and a listing of plan check comments.
• Be available, during regular business hours, to discuss and clarify plan check issues with applicants,
designers, owners and consultants. Resolution of code issues may be performed by telephone, or
meetings, prior to resubmitting corrected plans and documents.
• Attend all required meetings as directed by the Chief Building Official.
• Review soils report, for compliance with CBC, for the proposed scope of work.
• Review grading plans to assure conformance with City codes, written policies and standard
specifications and compliance with the recommendations, specifications and details contained in
the submitted soils report and assure that all appropriate details are shown on the plans.
• Review surveys, in accordance with City Policy.
• Review Erosion Control Plans to verify erosion and sedimentation measures comply with the Best
Management Practices per City standards.
3. Qualifications:
• Experience: Four years of experience checking building plans.
• Training: Bachelor's degree from an accredited college or university with major coursework in civil
engineering, structural engineering, or architecture.
• License/Certificate: A valid California driver's license; State of California registration as a
professional engineer or architect; ICC `Building Plans Examiner' certificate; ICC 'Tire Plans
Examiner' certificate for reviewing Fire code -based plans.
• Additional Requirement: On -site staff for Building Plan Review services must successfully
complete a thorough background review, including being fingerprinted by Newport Beach Police
Department.
• Supervision Received and Exercised: Receive direction from the Chief Building Official or his or
her designee.
• Hours of Work: On -site plan review staff shall be available during regular business hours.
D. On -Call Structural Review Services
i. Off -site plan reviews within the following turn -around schedule*:
• First Check: Ten (10) working days from submittal by applicant
• Subsequent Checks: Five (5) working days
* If theproject complexity requires additional time, the turn -around schedule will be discussed with the City.
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430 S. Garfield Ave., Suite 301, Alhambra, CA 91801 • Phone: (626) 284-8906
City of Newport Beach (RFP No. 22-45 Building Plan Review and inspection Services 4/6/2022)
ii. Provide structural review services which include:
• Provide on -call plan review of complex structural design for conformance to the latest adopted
codes and standards.
• Provide written notification to each applicant, consisting of a complete electronically -generated
plan check letter which outlines the documents reviewed, instructions to the applicant regarding the
processing of documents, and a listing of plan check comments.
• Be available during regular business hours to discuss and clarify plan check issues with applicants,
designers, owners and consultants. Resolution of code issues may be performed by telephone, or
meetings prior to resubmitting corrected plans and documents.
• Attend all required meetings as directed by the Chief Building Official.
iii. Qualifications:
• Experience: Ten years of experience reviewing complex structural design.
• Training: Master's degree from an accredited college or university with major coursework in
structural engineering.
• License/Certificate: A valid California driver's license; State of California registration as a
professional structural engineer.
• Supervision Received and Exercised: Receive direction from the Chief Building Official.
• Hours of Work: Structural review staff shall be available during regular business hours.
E. Building Inspection Services
1. Provide building inspection services which include:
• Provide up to two qualified building inspectors. The City needs up to eighty (80) hours of Contract
Inspection Services per week.
• Provide inspections of all requested inspections and re -inspections for compliance with City of
Newport Beach Municipal Code and State codes and regulations.
• Inspection staff shall not be substituted without approval from the Chief Building Official.
• Maintain all inspection records for all assigned projects, including correction notices and all
documentation related to project inspections.
• Coordinate all inspection and re -inspection requests as assigned.
• Coordinate with the Principal Building Inspector, as appropriate, on discretionary decisions or
requests for alternate materials.
• Coordinate with the Principal Building Inspector on all Certificate of Occupancy to be sure that all
applicable City regulatory agencies have approved the project.
2. Qualifications:
• Experience: Must have demonstrated work experience performing residential and commercial
inspections on a variety of construction projects. Must have excellent customer service skills.
• Training: Equivalent to completion of the twelfth grade.
• License/Certificate: ICC certification as Combination Building Inspector; A valid California
driver's license.
• Additional Requirement: On -site Building Inspection services staff must successfully complete a
thorough background review, including being fingerprinted by Newport Beach Police Department.
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430 S. Garfield Ave., Suite 301, Alhambra, CA 91801 • Phone. (626) 284-8906
City of Newport Beach (RFP No. 22-45 Building Plan Review and Inspection Services 4/6/2022)
Supervision Received and Exercised: Receive general supervision from the Principal Building
Inspector.
• Hours of Work: On -site inspector shall be available during regular business hours.
F. Building Permit Technician Services
1. Provide building inspection services which include:
• Provide one qualified permit technician. The City needs a full or part time Contract Permit
Technician Services.
• Permit technician staff shall not be substituted without approval from the Chief Building Official.
• Provide support and technical assistance at the public counter, over the telephone and via email;
provide general information and assistance to the public regarding requirements for obtaining
permits, zone clearances, and business license;
• Assist in responding to requests for information from other departments and governmental agencies
regarding the General Plan, Zoning Code, Local Coastal Program, and Subdivision Code;
• Determine building valuations based on established standards; calculate and determine a variety of
fees for plan checks, permits, taxes and sanitation district and school district charges;
• Instruct applicants on correct procedures for completing required forms and applications; provide
information regarding City, State and Federal regulations pertaining to building, planning, and
public works activities;
• Maintain recorded of plans and applications submitted; participate or direct the filing and routing of
plans and permits to appropriate City departments and staff;
• Coordinate the plan approval process between various City departments; refer applicants to
appropriate City department or outside agency as necessary;
• Notify applicants when plan or permits are ready for pick-up or issuance; provide status updates as
required;
• Follow-up on stop work orders and complaints;
• Perform data entry and issue permits via the computerized permitting system;
• Verify worker's compensation insurance and State contractor licensing; and
• Perform related duties as assigned.
• Coordinate with the Permit Technician Supervisor and attend all required meetings as directed by
the Chief Building Official.
2. Qualifications:
• Experience: Must have demonstrated work experience performing permit technician work on a
variety of construction projects. Must have excellent customer service skills.
• Training: Equivalent to completion of the twelfth grade.
• License/Certificate: ICC certification as Permit Technician; A valid California driver's license.
• Additional Requirement: On -site Permit Technician Service staff must successfully complete a
thorough background review, including being fingerprinted by Newport Beach Police Department.
• Supervision Received and Exercised: Receive general supervision from the Permit Technician
Supervisor.
• Hours of Work: On -site Permit Technician staff shall be available during regular business hours.
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430 S. Garfield Ave., Suite 301, Alhambra, CA 91801 • Phone: (626) 284-8906
City of Newport Beach (RFP No. 22-45 Building Plan Review and Inspection Services 4/6/2022)
U. Work Plans - Implementation of Services
For the scope of work described in the RFP, we will closely coordinate with the designated City staff to confirm
the City's requirements and expectations for each service.
❖ Based on the confirmed information, a final work plan will be developed and executed efficiently and
effectively to deliver the services for the City of Newport Beach.
❖ The work plan will be monitored and controlled regularly to assure quality delivery of services.
A. Plan Review Services / Structural Review Services
1. Initiation - Plan Check
Coordinate with the City to confirm the City's expectations and requirements related to plan
review services.
a. Confirm current procedures, policy and practices to be used for the duration of the contract.
b. Confirm current standards, methodology, use of standard documents, and formats.
c. Confirm contact list and method(s) of communications.
d. Confirm service delivery goals for initial check, recheck, and final reviews for type and size
of projects.
e. Confirm contact list, method(s) of communications, plan transfer and transmittals.
£ Discuss the City's use of electronic plan review and permit software.
g. Confirm plan review turn -around times for the first and resubmittal reviews.
h. Review and confirm project priorities provided by the City.
i. Review anticipated plan review services related to short-term, intermittent, and long-term
plan review needs and requirements.
2. Execution — Plan Check
a. Provide plan review services for assigned projects (residential, industrial and commercial
buildings, grading and all other types of structures) for compliance with all local ordinances,
state and federal laws that pertain to the assigned project and compliance to the adopted
California Building Standards Code.
b. Plan Review Format
i. Provide plan reviews conventionally or electronically as requested by the City.
ii. For electronic plan reviews, utilize plan review software required or preferred by the City.
iii. We will comply with all requirements, which may include, but not limited to, electronic plan
transmittals, plan reviews, correction sheets, communications, correspondences, and record
managements.
c. Plan Transmittal — Conventional Plan Reviews
iv. Pick-up plans within 24 hours of notification from the City for the services requested during
normal business hours.
v. For first reviews and all rechecks, the plan pick-ups and deliveries will be made using the
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430 S. Garfield Ave., Suite 301, Alhambra, CA 91801 • Phone. (626) 284-8906
City of Newport Beach (RFP No. 22-45 Building Plan Review and Inspection Services 46-'2022)
method preferred by the City.
vi. Pick-ups and deliveries by commercial courier approved by the City are available if requested
by the City.
d. Turn -around Times for Plan Review
i. The plan reviews will be completed within the maximum turnaround times required by the
City.
ii. Off -site plan reviews within the following turn -around schedule*:
• First Check: Ten (10) working days from submittal by applicant
• Subsequent Checks: Five (5) working days
* If the project complexity requires additional time, the turn -around schedule will be discussed
with the City.
e. Plan Reviews (See "Quality Assurance Plan" below for additional information.)
i. Assign qualified plan review staff appropriate for the type and scope of project.
ii. Record all plans and documents received from the City using JLee Engineering's
computerized plan review and tracking system.
iii. Review plans and documents for completeness and consistency, scope of work,
valuations, and fees.
iv. Perform first plan and recheck reviews in accordance with the City requirements based
on the standards, codes, regulations, and policies.
• Provide plan check corrections and all other correspondences by the method
requested by the City.
• Correspond with the City staff, applicants, and/or engineers/architects as needed.
v. Perform Recheck Reviews
• Deliver rechecked plans and documents conventionally or electronically as required
by the City.
• Indicate whether the plans satisfy all the requirements or additional recheck is
required.
• If additional recheck is required, provide the City correction sheets with remaining
corrections identified.
• Perform additional rechecks until all required corrections, clarifications and/or
changes have been completed and/or addressed if necessary.
• When all plan corrections have been addressed, process the approved plans in accordance
with City's requirements.
vi. Plan Review Logs, Records, and Correspondences
• Document records and correspondences according to the City's procedures.
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City of Newport Beach (RFP No. 22-45 Building Plan Review and [nspection Services 46 2022)
• Maintain logs of all plan reviews containing dates plans were received, reviewed, and
rechecked.
• Conduct and coordinate all communications with applicants and the client during
plan review process according to the City's procedures.
vii. Resolve plan check matters or questions directly with the project applicants via phone,
email, or in -person in an expeditious manner.
viii. Provide an itemized billing for all services on a monthly basis.
B. Inspection Services
1. Initiation — Inspection
Coordinate with the City staff to confirm the City's expectations and requirements related to
inspection services.
a. Confirm current procedures, policy and practices to be used for the duration of the contract.
b. Confirm current standards, methodology, use of standard documents, and formats.
c. Confirm contact list and method(s) of communications.
d. Review anticipated inspection services related to short-term, intermittent, and long-term field
inspection needs and requirements.
2. Execution — Inspection
a. Upon receipt of inspection service request, provide inspection services as described in the
scope of services and as requested by the City.
b. Assign qualified inspector appropriate for the inspection scope.
c. Provide inspections for permitted structures of residential, commercial and industrial
buildings, grading and all other types of structures under construction for enforcement of and
compliance with approved plans, permit conditions, local ordinances, state and federal laws
that pertain to the project construction and the adopted California Building Standards Code.
d. Create inspection correction sheets listing corrections, clarifications, and/or changes that are
required to conform to the City's requirements — codes, standards, and policies.
e. Provide an itemized billing for all services on a monthly basis.
C. Permit Technician, Building Office, and and Other Services
1. Assign qualified staff appropriate for the assignment.
2. For engineering, technical support and other services, a specific work plan will be developed and
executed as appropriate for the scope of work.
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City of Newport Beach (RFP No. 22-45 Bnildino Plan Re,,iew and Inspection Services 46'2022)
The work plan will include initiation, execution, monitoring and control phases for providing and
delivering the requested services.
For each scope of services requested, specific level of services and deliverables requirements will
be determined.
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430 S. Garfield Ave., Suite 301, Alhambra, CA 91801 • Phone: (626) 284-8906
City of Newport Beach (RFP No. 22-45 Building Plan Review and Inspection Services 4/6/2022)
M. Quality Assurance Plan
A. To assure City's satisfaction of services provided and compliance with requirements of the "Scone of Work"
we will take the following quality control measures:
• Review the performances of services provided with the City representatives on a regular basis.
• Identify positive performances and needs to improve service areas.
• Respond expeditiously and take corrective actions for the area needing improvments.
• Expand the positive service performances.
B. For all services (Plan Check, Inspection, and other Service)
l . Assign plan check staff with appropriate experience and qualifications for the project.
2. Provide thorough initial plan check and recheck reviews.
• Provide project specific plan review corrections supported by the code and regulatory requirements.
• Avoid general or generic corrections.
3. Deliver all services within the time frame for each project.
• Process all plans and documents (conventionally or electronically) according to the City's
requirements and preferences.
• Perform all inspections in a timely manner.
4. Document plan check comments and inspection results according to the City's procedure and system.
5. Resolve all disagreements with applicants regarding the plan check and inspection corrections
efficiently and expeditiously.
C. Dispute Mitigation and Mawement
Managing disputes are integral part quality assurance which involve assignment of appropriate staff,
high quality work products, and efficient communications with our clients.
There are three levels in our dispute management plan: Prevention, Resolution, and Elevation
1. Prevention: Dispute prevention is our primary service goal.
The combination of appropriate staff assignments and high quality work products minimizes potential
conflicts and issues.
a. For each service requested by our clients, we assign staff with appropriate experience and
qualifications.
b. Our staff provides high quality work products which are based on the specific client's requirements.
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430 S. Garfield Ave., Suite 301, Alhambra, CA 91801 • Phone: (626) 284-8906
City of Newport Beach (RFP No. 22-45 Building Plan Review and Inspection Services 4/6/2022)
For example, we provide plan corrections that are project -specific and code -based to minimize
ambiguity or misunderstanding regarding the corrections issued.
2. Resolution: Disputes are resolved expeditiously.
When disputes arise, our staff are focused on resolving the disputes expeditiously and efficiently
without compromising our client's requirements.
a. Because of our prevention efforts, almost all issues are resolved by explaining and citing the
specific requirements associated with the disputes.
b. Our main customer service goals are to enforce our clients' requirements and to resolve issues with
minimum effort or involvement of our clients.
3. Elevation: Comprehensive support is provided to resolve disputes.
If the disagreement with the applicant cannot be resolved, we elevate the issue to our client with
supporting information related to the disagreement.
a. This is a very rare occurrence with our services. Almost all disputes are resolved without any client
involvement.
b. In rare occurrences, when a dispute cannot be resolved between our staff and the applicant, we
would notify the City staff of potential issues/disputes and provide complete background and
relevant citation(s) of client's requirements related to the applicant's disputes.
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430 S. Garfield Ave., Suite 301, Alhambra, CA 91801 • Phone: (626) 284-8906
City of Newport Beach (RFP No. 22-45 Building Plan Review and hnspection Services 4,6'2022)
IV. Staffing Management Plan
❖ Staffing needs and availability are evaluated continuously to provide timely services to our clients.
❖ We operate with an optimum staffing level. Rigorous reviews and evaluations of staffing needs and
availability are conducted with changes in our clients' needs.
A. Current Staffing Level and Workload
1. We currently have staff to provide as -needed services to our clients.
2. Our current and projected workload is such that we can deliver Plan Check and Inspection Services to
the City of Newport Beach and meet all the City's requirements.
3. We expect all services to the City to be delivered within the specified time frames.
4. Our workloads are assessed on regular intervals to proactively manage and meet delivery goals for our
clients.
B. Contingency Plans for Increased Workload
1. As workload increases, we will provide overtime efforts as necessary to deliver services within the
agreed schedule.
• No additional charges will be made to the City for the additional overtime efforts related to
increase in the workload. The City will be only billed for fees specified in the fee schedule for
this contract.
2. As the City's staffing needs increases, we will provide, hire new, or reassign staff to meet the City
staffing needs.
C. Work Location
1. Plan review services will be performed at JLee Engineering office location unless otherwise requested
by the City.
2. Other locations may be accommodated when requested by the City.
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430 S. Garfield Ave., Suite 301, Alhambra, CA 91801 9 Phone: (626) 284-8906
City of Newport Beach (RFP No. 22-47 Building Plan Review and Inspection Services 46 2022)
V. Customer Service Plan
Our company was founded based on the core tenets of providing the highest quality customer service and
fulfilling clients' needs.
With effective execution of our Work Plan, Quality Assurance Plan, and Staffing Management Plan, we
consistently deliver high quality and on -time services.
❖ We interact professionally and courteously with our clients, design professionals, applicants, and others.
❖ We maintain open line of communication with our clients and is committed to being responsive to the City
Staff and representatives on regular basis and as situations arise.
• Upon execution of agreement, method(s) of communications and communication protocols will be
reviewed and confirmed with the City representatives.
• During the contract term, our designated Supervisor/Administrator will establish and maintain as a
primary communication with the City staff.
• For specific plan reviews and other specific tasks, City staff will be provided with the contact
information for the plan reviewers or assigned staff so that the City staff will have the option to directly
communicate with our staff.
❖ We respond and address clients' concerns and issues related proactively and timely. In all our responses we
share the same urgency as our clients.
• Our staff will be available to receive phone calls form the City staff during business hours.
• During business hours, we have a live person to answer telephone calls and diligently return calls on the
same business day.
• We will be available for cell phone calls with the City during business hours.
• Emails will be responded expeditiously.
❖ We are effective in resolving issues with minimum impact to or involvement by our clients.
• We proactively minimize the cause for potential issues by providing quality work which mitigate the
potential issues or conflicts with applicants or client agency's customers.
• Our staff and management are knowledgeable and have the experience to resolve expeditiously.
o When issues arise, they are resolved through clear communication and explanation of the
requirements to the applicants. All issues are resolved without compromising our client's
requirements.
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430 S. Garfield Ave., Suite 301, Alhambra, CA 91801 • Phone: (626) 284-8906
EXHIBIT B
SCHEDULE OF BILLING RATES
J. Lee Engineering, Inc. Page B-1
City of Newport Beach (RFP No. 22-45 Building Plan Re4 iety and inspection Services 4/6,2022)
SECTION 5- J L E E
COST PROPOSAL E � � 1- - l .. 1-
The following is the fee schedule for the Building Plan Review and Inspection Services for the City of Newport
Beach. The fee schedule will remain unchanged for the duration of the proposed contract term.
Our firm provide on -site services for building plan review, structural review; building inspection; and building
permit technician services.
I. On -Site (City of Newport Beach City Hall)
A. Plan Review Services
Sr. Plan Check Engineer
$140.00
(All disciplines)
Plan Check Engineer
$130.00
(All disciplines)
Sr. Plan Examiner
$115.00
(All disciplines)
Plan Examiner
$105.00
(All disciplines)
Fire Plan Review $140.00
Structural Engineer (S.E.) $160.00
Certified Access Specialist (CASp) $150.00
Geologist $150.00
Geotechnical Engineer $150.00
B. Structural Review Services
Structural Engineer (S.E.) $160.00
C. Building Inspection Services
Senior Inspector $115.00
Inspector $105.00
D. Building Permit Technician Services
Permit Technician $70.00
II. Off -Site — Regular Rate
A. Off -Site plan review service fee for the initial plan check and two (2) re -checks will be 70% of City building
plan review service fees.
B. All other plan reviews including, but not limited to, revisions after approval, deferred submittal, after 2nd
recheck will be based on the hourly rates.
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430 S. Garfield Ave., Suite 301, Alhambra, CA 91801 • Phone: (626) 284-8906 • Fax: (626) 284-8907
C iiv _I V`cN,opor( Ilcach (IRI, P No. "22-4� BuildinU Plan Re% iecv and [n�pcction lcr\ice3 4 o,12) I I
III. Standard Hourly Rates
The following is the standard hourly rates for all other services:
Sr. Plan Check Engineer
$140.00
(All disciplines)
Plan Check Engineer
$130.00
(All disciplines)
Sr. Plan Examiner
$115.00
(All disciplines)
Plan Examiner
$105.00
(All disciplines)
Permit Technician
$70.00
Administration Service
$60.00
Senior Inspector $115.00
Inspector $105.00
Fire Plan Review $140.00
Structural Engineer (S.E.) $160.00
Certified Access Specialist (CASp) $150.00
Geologist $150.00
Geotechnical Engineer $150.00
IV. Details of Fee Schedule
A. No additional cost for plan pickup and delivery services.
B. The fees for "expedited" or "accelerated" off -site plan check services will be 1.5 times the regular rate.
C. The fees for "after -hour" inspection services will be 1.5 times the standard hourly rates.
D. The mileage while performing inspections will be reimbursed at Standard Mileage Rate per IRS at the
time of occurrence when a vehicle is not provided by the City for the inspection.
E. For on -site assignments, hours worked in exceeding of 40-hour workweek requested by the City will be
1.5 times the hourly rates.
F. Meetings will be charged at the standard hourly rate. For attendances at meetings requiring travel, a
minimum of 2 hours will be charged.
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430 S. Garfield Ave., Suite 301, Alhambra, CA 91801 • Phone: (626) 284-8906 • Fax: (626) 284-8907
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers, employees and any
person or entity owning or otherwise in legal control of the property upon
which Consultant performs the Project and/or Services contemplated by
this Agreement.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
J. Lee Engineering, Inc. Page C-1
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement
and Consultant agrees to maintain continuous coverage through a period
no less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in
legal control of the property upon which Consultant performs the Project
and/or Services contemplated by this Agreement or shall specifically allow
Consultant or others providing insurance evidence in compliance with
these requirements to waive their right of recovery prior to a loss.
Consultant hereby waives its own right of recovery against City, and shall
require similar written express waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in
legal control of the property upon which Consultant performs the Project
and/or Services contemplated by this Agreement shall be included as
insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following.-
J. Lee Engineering, Inc. Page C-2
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Agreement. The certificates and endorsements for each insurance policy
shall be signed by a person authorized by that insurer to bind coverage on
its behalf. At least fifteen (15) days prior to the expiration of any such
policy, evidence of insurance showing that such insurance coverage has
been renewed or extended shall be filed with the City. If such coverage is
cancelled or reduced, Consultant shall, within ten (10) days after receipt of
written notice of such cancellation or reduction of coverage, file with the
City evidence of insurance showing that the required insurance has been
reinstated or has been provided through another insurance company or
companies. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees. Consultant shall require and verify that
all subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as
CG 20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
J. Lee Engineering, Inc. Page C-3
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
H. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
J. Lee Engineering, Inc. Page C-4
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