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HomeMy WebLinkAboutC-8904-1 - PSA for Staff Augmentation and Plan Review Serviceszy� PROFESSIONAL SERVICES AGREEMENT WITH SCOTT FAZEKAS AND ASSOCIATES, INC. FOR STAFF AUGMENTATION AND PLAN REVIEW SERVICES THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") v ( g ) is made and entered into as of this 5th day of July, 2022 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and SCOTT FAZEKAS AND ASSOCIATES, INC., a California corporation ("Consultant"), whose address is 9 Corporate Park, Suite 200, Irvine, California 92606, 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 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 Services attached hereto as Exhibit A and or "Work"). City may elect to delete certai sole discretion. 3. TIME OF PERFORMANCE n all the services described in the Scope of incorporated herein by reference ("Services" Services within the Scope of Services at its 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 Forty Five Thousand Dollars and 00/100 ($45,000.00), 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. Scott Fazekas and Associates, 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 Scott Fazekas 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 Acting 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 conforms to the Scott Fazekas and Associates, Inc. Page 3 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. 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 Scott Fazekas and Associates, Inc. Page 4 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. 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. 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 Scott Fazekas and Associates, Inc. Page 5 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 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. Scott Fazekas and Associates, Inc. Page 6 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 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. Scott Fazekas and Associates, Inc. Page 7 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Acting 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: Scott Fazekas Scott Fazekas and Associates, Inc. 9 Corporate Park, Suite 200 Irvine, CA 92606 Scott Fazekas and Associates, Inc. Page 8 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 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. Scott Fazekas and Associates, Inc. Page 9 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. 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] Scott Fazekas and Associates, Inc. Page 10 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: �24-LZ22 F By: A on C. Harp City Attorney ATTEST. - Date: 7, !� �a2 WITAIJ I Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: 7 -�_ -Z' By.- JZzo� Seimone Jurjis Community Develop ent Director CONSULTANT: Scott Fazekas and Associates, Inc., a California corporation Date: 6 :;Z By: Scott R. Faze Chief Executive Officer Date: 6� By:�.�=� Joy & as Secretary [END OF SIGNATURES] Attachments: Exhibit A - Scope of Services Exhibit B - Schedule of Billing Rates Exhibit C - Insurance Requirements Scott Fazekas and Associates, Inc. - page 11 EXHIBIT SCOPE OF SERVICES Scott Fazekas and Associates, Inc. Page A-1 EXHIBIT A SCOPE OF SERVICES BUILDING PLAN REVIEW SERVICES Consultant shall assist the City's Building Division with timely and accurate plan check services. Consultant, or Consultant's staff, as applicable, 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. 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: Consultant's personnel performing the services shall have the following minimum 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 Requirements: • Background Check. Consultant's staff 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's staff shall receive direction from the Chief Building Official or his or her designee. • Hours of Work: Consultant's staff assisting with building plan review services shall be available during regular business hours. N I FA Building Safety for Government April 6.2022 Mr. ShaunTormey, Buyer 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92660 Subject: Proposal for RFP 2245 For Building Plan Review and Structural On -Call Services (Parts A and B) Dear Mr. Tormey: SCOTT FAZEKAS & ASSOCIATES, INC. (SFA) appreciates being considered to submit a Proposal to provide Building Plan Review and Structural On -Call Services, as needed to the City of Newport Beach. SFA understands the specific needs of the City and will tailor our services to meet those needs. The following is an Executive Summary of the Proposal which highlights SFA's ability to offer the City of Newport Beach services that will contribute to the professional image put forth to developers and residents. SFA is proposing on two categories in the Request for Proposals: A. Building Plan Review Services (including Fire Review) B. Structural On -Call Services Some of the key features of SFA are as follows: • SFA exclusively serves governmental agencies and provides no design or consulting services to the private sector; avoiding both real or perceived conflicts of interest. • The owner of SFA, Scott Fazekas, has always been and will continue to be involved in managing and participating in the services provided. • SFA is financially sound. We have zero debt with no partners or investors. SFA is owned exclusively by it's owner and founder, Scott Fazekas. • All of SFA's staff who provide plan review services are licensed professionals in the State of California. All have extensive experience and tenure in their professions as well as with SFA. • SFA stays involved in the industry to both contribute to, and learn from others, on state laws, code changes, industry standard practices, and simply keeping up on key issues to building departments. 9 Corporate Park, Suite 200, Irvine, CA 92606-5173 - 949/475-2901 -FAX 949/475-2560 - sfairvine@aol.com An Equal Opportunity Employer City of Newport Beach April 6, 2022 Page Two • Electronic plan reviews are currently performed on 50%-60% of plans. SFA accommodates whatever process is required by our client agencies. • SFA staff develop updated standard correction lists for plan review every three years when codes are updated and share them with all jurisdictions in the region. • SFA has only one office location in nearby Irvine. This is by design to maintain the highest possible quality control. Close communication and information sharing between plan check engineers creates a productive and comfortable work environment. Plans are never shipped out to another location. • All staff are paid hourly with 1.5 times O.T. pay which is always approved. Plan check engineers always meet their deadlines and are always authorized overtime when needed. • SFA produces a Daily Scheduling Report that shows due dates for all plans actively being checked. The Report is monitored daily to assess workload of each engineer to assure that they have adequate time to plan check every plan assigned to them in a timely manner. As new work comes in daily this Report will be reassessed and adjustments made to workload if any of the engineers receives an unusual amount of rechecks or revisions that might affect them meeting their turn around times on other plans. • Plans are reviewed in ten (10) working days for initial and five (5) working days for rechecks, respectively. This letter is prepared and signed by the President/CFO who is authorized to bind SFA for the contents and commitments presented in this Proposal. Scott Fazekas & Associates, Inc. Is a California S-Corporation that was incorporated on June 3, 1996. Scott Fazekas, the signer below, is the Chairman of the Board and sole owner of the company. SFA also complies with prevailing wage requirements for all of our employees. SFA looks forward to the opportunity to provide professional services to the City of Newport Beach. Sincerely, SCOTT FALEKAS & ASSOCIATES, INC. Scott R. Fazekas, AIA, NCARB, CBO, LEED AP, CASp President lcott Vameli:m,% & Associate., One. 1. STATEMENT OF QUALIFICATIONS About the Company Scott Fazekas & Associates, Inc. (SFA) is a California Corporation founded by Scott Fazekas in June 1996. We are located at 9 Corporate Park, Suite 200, Irvine, CA 92606. SFA's phone number is 949-475-2901 and fax number is 949-475-2560. SFA's web site is at scottfazekasandassociates.com and our Fed ID No. is 33-0711166. SFA was formed to offer building safety services exclusively to governmental agencies. Mr. Fazekas started and managed identical services for a consulting firm over the 11 years prior to forming SFA, with 12 years of prior municipal building safety experience as a City employee. He began his building safety career 50 years ago in 1972 with the City of Newport Beach Building Department and subsequently with the City of Costa Mesa. SFA was established to provide services exclusively to municipal building departments. This not only ensures that no real or perceived conflicts of interest could occur but also provides a specialized operation that is tailored to the exact needs of municipal building departments. The regulations, statutes, new and changing codes and increased pressure to meet shorter time lines, make specializing in plan review an asset to the City of Newport Beach. The primary service provided to our clients is building and fire plan review. SFA's plan check capabilities are enhanced by our understanding of the roles in a municipal building department which interface with, and rely upon, a competent plan review. SFA appreciates our client's concern for high quality performance and precise communication when utilizing the services of a consultant. Close interaction with the client is considered an essential part of our consulting services. Our commitment to a thorough understanding of the codes and the intent with which they were written permits consistent and proper enforcement while meeting the expectations of the City and earning the respect of the public. All of SFA's plan check staff are licensed Structural Engineers or Civil Engineers or CFPE Fire Reviewers which allows SFA the ability to assign the challenging projects to any one of our engineering staff. This expertise allows SFA the ability to balance our workloads and meet obligations without overloading any one engineer. Philosophy Through our experience in providing contract services to governmental agencies, SFA has identified concepts and ideas that are essential for a consultant to possess in order to effectively fulfill the building department requirements of a city or county. They are as follows: sa Scott Iasuselmc .& &*;s4w1atcs, lnc. • The experience and staff to respond to each agency's needs in a timely, efficient and cost effective manner. • Administrative and management ability of high caliber to identify problem areas and provide for their correction in a timely and sure manner. • The ability to recognize and develop the attributes and strengths of staff members and to utilize them to their full potential. • A reputation for quality performance and integrity to successfully administer all aspects of the codes. • Expectations and performance accountability that are established and adhered to. Professional representation on behalf of the client agency in order to maintain good public relations. • Communication with the assigned client agency liaison through meetings, memorandums and status reports. • Coordination with other agencies which require Building Department involvement. • Attendance of key meetings to keep informed on the most recent code administration techniques and procedures. • Attendance at any required meetings, connected with the plan review. • Updated technology for electronic plan check and data tracking. SFA does not perform any work for the private sector so no conflict of interest can result during our tenure, allowing SFA staff to be objective in the enforcement of regulations. Financial Stability SFA was founded in 1996 by Scott Fazekas as a California Corporation. There have never been any partners or investors. SFA operates on a cash basis with zero debt. SFA has never required a credit line for payroll or any other expense. We have operated without loans through the 2008- 2009 recession and during the recent COVID conditions. We have not borrowed from the bank or taken any PPP funds. SFA has operated efficiently and responsibly. Scott Fazekas has, and will be, actively involved with insuring that quality services are delivered to the City of Newport Beach and will be the primary contact for all communication with the City. General SFA has performed tens of thousands of plan reviews during the 25 years that we have provided plan check which have included every type of construction and occupancy group in the building spectrum. We have also encountered many unique administrative policies and processes in working with the building officials in our client jurisdictions which may have arisen due to tight project scheduling, application of alternate design methods or simply due to unique project characteristics. -5- lcott F"welrnc .& Ass( dates, Mc. 2. ORGANIZATIONAL INFORMATION This Proposal is to offer services described as Sections A and B in the RFP for Building Plan Review (including Fire Review) and Structural On -Call Services. All plan check staff are licensed professionals and have been performing comprehensive reviews for a minimum of 18 years. Each Plan Check Engineer is an accessible contact for the applicants to discuss corrections and resolve any questions. Project Manager -Liaison SFA recognizes the need to assure an adequate level of commitment by key personnel. SFA will commit the President, Scott Fazekas, as the Project Manager who will see to the proper function of the building plan review process and will also be personally involved in performing services. He will serve as an extension of the City staff, fully capable of providing the necessary services as determined by the City. The Project Manager will be responsible for the quality of all services provided by SFA's staff. He is capable of dealing with a diversity of personalities and the many different levels of administrative, technical, professional and construction personnel categories that are involved in building code enforcement. SFA will also maintain continual documentation and updated information on the status of all plans being processed. Any inquiries regarding the status of plans which have been forwarded to SFA for review can be directed to us to avoid unnecessary research and phone time by City staff. Name Qualifications Type of Review Work Principal/Project Manager Scott R. Fazekas, President Registered Architect, CA, NCARB Building & Structural AIA, NCARB, CBO, CASp Colorado, Nevada Plumbing, LEED AP Certified Plans Examiner ICC/ Mechanical, Electrical Calbo T24 Energy, Certified Building Inspector, ICC/ Accessibility Calbo LEED Accredited Professional, LEED Certified Access Specialist (CASp) DSA Certified Building Official, ICC W %NC40tt Fnzel=s J& &*Z%mWlnte%, IoC. Scott Fazekas, as Principal and Project Manager will be responsible for the administration of services and seeing that services are tailored to the specific needs of the Agency. He has managed consulting plan check and building safety services for over 36 years. He will also perform plan reviews and assign which employees will work on each given project. Mr. Fazekas is Past President of the Orange Empire Chapter of I.C.C. and has served on the Code Development and Education Committees. He also serves in the capacity of Building Official for four cities and stays abreast of changing regulatory trends. His total years in municipal building departments is 50 years. Name Qualifications Type of Review Work Associates Ganesh Rao, S.E. Registered Structural Engineer, CA Registered Professional Engineer, CA Certified Plans Examiner, ICC/ Calbo Building & Structural Plumbing, Mechanical, Electrical T24 Energy, Accessibility Mr. Rao has diverse design experience of wood, concrete and steel in low, mid and high-rise structures of varying occupancy groups. Now focused in plan review he brings a thorough knowledge of current structural code provisions. He has worked for SFA for 21 years. Vic Penera, S.E. Registered Structural Engineer, Building & Structural CA Plumbing, California Structural Engineers Mechanical, Electrical Association of Southern California T24 Energy, American Society of Civil Engineers; Accessibility International Conference of Building Officials Vic Penera had been with the City of Los Angeles Building Safety for the majority of his career with experience in both plan review and supervision. He has worked for SFA for 20 years. -7- Nc4ptt N'auelcns & associntes, Inc. Name Oualif cations Type of Review Work Brett Archibald, P.E. Registered Civil Engineer, Building & Structural CASp CA Plumbing, Certified Plans Examiner, ICC Certified Mechanical Inspector, ICC International Code Council American Society of Civil Engineers Build it Green Certification, CA Certified Access Specialist, CASp Mechanical, Electrical T24 Energy, Accessibility Brett Archibald has 18 years experience in residential and commercial plan review. He has been with SFA for 18 years. Peter Tang, P.E. Licensed Civil Engineer, CA Building & Structural Plumbing, Mechanical, Electrical T24 Energy, Accessibility Peter Tang joined SFA after having spent sixteen years in structural design. His expertise in wood -framed structures and rack design has made him a valuable resource. Peter has 18 years experience in residential and commercial plan review. Scott Beery, P.E. Registered Professional Engineer, Building & Structural CA Plumbing, Certified Plans Examiner, Mechanical, Electrical ICC T24 Energy, Accessibility Scott Beery has 15 years of municipal plan review experience. His structural design experience has covered residential, schools and a variety of commercial structures including timber, steel concrete and masonry construction materials. -8- W 4rtt FamOrnn .Z Ascocintcc, Wc. Name Qualifications Type of Review Work Kyle Tonokawa. P.E. Registered Civil Engineer, Building & Structural CA Plumbing Certified Access Specialist Mechanical, Electrical CASp T24 Energy, Accessibility Kyle Tonokawa joined SFA in 2018. He has plan checked and approved plans, design calculations and reports for various commercial and residential buildings and developments for compliance with the California Building Code, State Title 24 Accessibility, ADA and Energy requirements. He has 33 years of combined experience with L.A. City, Anaheim and Irvine Building Departments. Kam Chitalia, S.E.,CBO,CASp Registered Civil Engineer, Building & Structural CA Plumbing Registered Structural Engineer, Mechanical,Electrical; CA T24 Energy, Certified Access Specialist Accessibility CASp Certified Plans Examiner ICC Kam Chitalia joined SFA in 2019. He has provides comprehensive plan check services for all of SFA's client agencies. His reviews include checking for compliance with all state and local codes, ordinances, regulations and city -specific policies. He has 32 years of building safety experience with City of Irvine and SFA and 5 years in the private sector in structural design. Randy Buck, Electrical IAEI Professional Member Electrical Review Randy Buck provides specialized electrical plan review for all types of commercial and industrial and residential buildings. He worked as Chief Electrical Inspector and then Chief Inspector in the City of Costa Mesa and now works for SFA reviewing Electrical plans and consulting with the plan check staff on electrical code. Mr. Buck is a past President, International Association of Electrical Inspectors (IAEI). He has worked 20 years in municipal building safety services. In 119t:4ptt Fnzelms & t L%%.,4 1ntes, Wc. Name Qualifications Type of Review Work Dennis Grubb, CFPE Certified Fire Plans Examiner,ICC Fire Code Plan Review Certified Fire Inspector II for all suppresion systems, Architectural, fuel mods, AM&M's discretionary Reviews Dennis Grubb is the owner of Dennis Grubb and Associates, He and his staff provide all Fire review services for SFA as a subconsultant. His Resume is included in this Proposal and his team are shown on the Organizational Chart. Organization Chart and Resumes follow this Section -10- Ncott N"x4,-1rnx & As%4w*n#e., Mc. l= Kam Chitalia, SE, CASp Kimberly Yarina Plan Check Engineer Office Administration i Brett Archibald PE, CASp Diane McBride Plan Check Engineer Office Administration F Tang, PE Marisol Lopez Martinez eck Engineer Office Administration Scott Beery, PE Plan Check Engineer Kyle Tonokawa, PE, CASp Plan Check Engineer Randy Buck Electrical Plan Review Scott Faamelcars & Associates, I®®c. SCOTT R. FAZEKAS, AIA, NCARB, CBO, LEED AP, CASp President / Principle in Charge REGISTRATIONS: EXPERIENCE Licensed Architect Mr. Fazekas is President of Scott Fazekas & Associates, Inc. (SFA) Califomia (C-19012) which provides building official, building plan check and building Licensed Architect inspection services to governmental agencies. He has interfaced with Nevada, Colorado architects, engineers, designers, contractors, plan checkers, inspectors, developers and building owners to achieve code compliant building CERTIFICATIONS: construction through the application of local, state, and federal codes LEED Accredited and regulations. Professional Certified Access Mr. Fazekas has 50years of progressive experience working in and for Specialist (CA Sp) building departments. Prior to starting SFA, he was employed by BSI (DSA CASp-063) Consultants, Inc. (currently Bureau Veritas) as a Senior Vice President and Division Manager of the Building Safety Division. He was Certified Building Official, ICC (808505- responsible for starting, developing and managing the Building Safety CB) Division for 11 years. During that time, he served as building official in California and Washington jurisdictions and oversaw plan review Certified Plans services for more than one hundred client agencies. He also founded Examiner, ICC, CBC and served as President of Employment Systems Inc., which was a (808505-K-6) corporation dedicated to municipal staffing needs. Before his term Certified Building with BSI, he spent 13 years working for the building divisions in the Inspector, ICC, CBC Cities of Newport Beach and Costa Mesa where he worked his way (808505-K-1) through all levels in the departments from clerk to permit technician, inspector and plan check engineer. EDUCATION: BS, Architecture, California State Mr. Fazekas has plan checked buildings which encompass the full Polytechnic University spectrum of building types and occupancy groups and has served as building official for over twenty jurisdictions through long term and Supplementary Structural Course interim contract arrangements. He has also contributed to both the Work, California State design and code enforcement professions by regularly lecturing at University Fullerton code -related seminars and classes for Calbo and ICC. He served six years on the American Institute of Architects Building Performance PROFESSIONAL and Regulations Committee where he, as AIA's representative, voted AFFILIATIONS: on the ANSI A 117.1 Disabled Access Standards. He also served four American Institute of years on I.C.B.O.'s General Design/Structural Review Committee and Architects (AIA) on the Orange Empire Chapter of I.C.B.O.'s Code Change Committee. International Code He has served on the local Orange Empire Chapter of ICC's Board and Council (ICC) was President in 2005. He has served as both contract and interim Califomia Building Building Official for 20 jurisdictions during his last 37years in the Officials (CALBO) private sector. -12- Scutt N'welcnc JAZ Inc. GANESH M. RAO, SE Plan Check Engineer REGISTRATIONS: EXPERIENCE Registered Structural Mr. Rao has been a building plan check engineer in SFA's Irvine office Engineer, California (S4471) since 1998. He reviews both commercial and residential plans for compliance with model codes and local ordinances. He has a total of Registered 29 years of progressively involved engineering experience. Professional Engineer, California (C52721) Prior to his employment with SFA, Mr. Rao spent eight years in the CERTIFICATIONS: design field with experience in California, Nevada and Hawaii Certified Plans designing wood, steel concrete and post -tensioned low, mid and high - Examiner, 1CC rise structures. Occupancies which he has performed design work for (1136557-60) have included retail, medical, office resort, bridge, industrial, schools, parking structure and historic blimp hanger facilities. EDUCATION: MS, Civil Engineering, Some of Mr. Rao's notable projects include two Amazon Fulfillment Brigham Young University, Utah Facilities of 5-story Type I construction; Education First private school campus with some historic building re -use and new on -campus housing BS, Civil Engineering, for foreign students; the Ontario Event Center; numerous mixed -use Bangalore University, mid -rise structures with parking, retail and housing complexes, many India with snow loads in Mammoth Lakes; large-scale cannabis grow farms as well as processing facilities; a 45,000 sf residence in the desert with PROFESSIONAL AFFILIATIONS: an airplane wing -like roof using finite element analysis in the design; International Code the Great Wolf Water Park & Resort in Garden Grove with a 10-story Council (ICC) hi -rise hotel; elderly care facilities; ambulatory surgery centers; and the Tustin Blimp Hanger evaluation repair & re -use project. Mr. Rao has experience in a variety of geographic regions. His design experience includes projects in California, Nevada, Washington, Oregon, Hawaii and the Territory of Guam. His plan review experience has been in California, Nevada and Colorado. Mr. Rao has reviewed plans for code compliance for residential, tenant improvement, low to mid -rise, tilt -up warehouses, etc. Projects included a three-dimensional finite element analysis of space frame for a mall in the Territory of Guam; Disney Building in Burbank utilizing "Haunch" moment connections; seismic retrofit of Mattel Distribution Center; an aircraft hanger; and Sony Technology Center in San Diego. Projects also included design and detailing of antenna structure ranging from 30 feet monopole to a 400-foot latticed tower. -13- Sc4btr l ""C'.1 %, & Ass4wintcs,111C. REGISTRATIONS: Registered Structural Engineer, California (S2083) Registered Professional Engineer, California (C21629) EDUCATION: MS, Mechanical Engineering, University of Southern California BS, Mechanical Engineering, California State University, San Diego Supplementary Structural Course Work, California State University, Los Angeles PROFESSIONAL AFFILIATIONS: Structural Engineers Association of Southern California (SEAOSC) American Society of Civil Engineers (ASCE) International Code Council (ICC) VICTOR A. PENERA, SE Plan Check Engineer Mr. Penera joined SFA in April 2000 as a member of its plan check engineering staff after completing 30 years of service with the City of Los Angeles. Having worked four years in the Department of Public Works and 26 years in Building and Safety with the City of Los Angeles, Mr. Penera has substantial experience in both design and plan checking of structural systems. In the 26 years he spent with LA Department of Building and Safety, he plan checked a wide spectrum of structural systems, occupancies and uses; from simple, wood -frame, single family room additions to complex, high-rise, steel office buildings. During the last three years of his career with Los Angeles Department of Building and Safety, Mr. Penera served as the Deputy Superintendent of Building in charge of the Engineering Bureau. As Chief of the Engineering Bureau, Mr. Penera oversaw a staff of 175 engineers, technicians and clerical staff responsible for the checking for compliance of state and local regulations related to building, electrical, plumbing, mechanical and zoning issues. Mr. Penera was active in the development of the first International Building Code (IBC). For one year he served on the Steering Committee for the development of the first draft of the IBC and for two years served as Chairman of the Structural Subcommittee to draft the structural engineering chapters (Chapters 16-26) of the proposed IBC. -14- �`cott Fiue1rnc .& Acsocintm, Inc. KAM CHITALIA, SE Plan Check Engineer REGISTRATIONS: EXPERIENCE Structural Engineer, Mr. Chitalia is a Building Plan Check Engineer with Scott Fazekas & Califomia (S3661) Associates, Inc. (SFA) where he provides comprehensive plan check Civil Engineer, services for all of SFA's client agencies. His reviews include checking Califomia (C40594) for compliance with all state & local codes, ordinances, regulations and city -specific policies. CERTIFICATIONS: Certified Building Mr. Chitalia's career began in 1984 where he worked in the private Official, iCC (858212) sector in structural design firms for 5-1/2 years where he designed Certified Plans multi -story buildings of steel, masonry, concrete and wood. In 1989, Examiner, iCC he began his career with the City of Irvine. His positions ranged from (858212-06) Associate Engineer to Senior Engineer to Principle Engineer, and he ultimately became the Chief Building Official/Manager of Building & Specialist (CASp-959) rt�ed Access Sp Safety. During his 29 years of progressively responsible roles, he reviewed OSHPD projects for the State, complex multi -story structures Building Official including hi -rises, shopping centers, fire stations, condos, apartments, Leadership Academy parking structures and churches. During a 9-yr. period as Principle, he (BOLA) Graduate supervised in-house staff that managed reviews of over $12 billion Cervaluation. Post -Disaster As Building Official, he interacted with local Fire (OCFA), Asssessews ment Program Water District (IRWD), and County Health (OCHCA) and supervised (SAP) Evaluator over 80 staff members. Certified Post -Disaster Some of his defining experience includes being a grader for the State Assessment Program of California Structural Engineer license exam which he did for (SAP) Coordinator approximately 10 years. In addition to grading exams, he was one of EDUCATION: few Structural Engineers to be selected as a Standard Setting Judge MS, Civil Engineering, which involved helping to update and develop the upcoming SE license Clemson University, exams for the State of California. This required re -taking the exam Sc each time updating was done. He has also stayed active in local ICC BS, Civil Engineering, Chapter code committees throughout his career. Bombay University, Bombay, India PROFESSIONAL AFFILIATIONS: Califomia Building Officials (CALBO) Intemationsl Code Council, Orange Empire Chapter (iCC) Certified Access Specialist Institute (CAST) -15- Nctiott .q asco dates, iiic. KYLE B. TONOKAWA, PE Plan Check Engineer REGISTRATIONS: I EXPERIENCE Registered Civil Mr. Tonokawa is a plan check engineer in SFA's Irvine office. He Engineer, CA provides plan reviews of all types of construction and occupancy (C43738) groups. Through his 33 years of municipal building department career, CERTIFICATIONS: he has gained diverse experience in zoning reviews, testing of Certified Access proprietary construction products and listing, grading reviews and Specialist (CASp) geotechnical report reviews and management of plan check staff in (DSA CASp-0642) addition to comprehensive plan review responsibilities. EDUCATION: Mr. Tonokawa began his career in 1985 as a plan check engineer with BS, Civil Engineering, California State the City of Los Angeles where he worked for 13 years providing Polytechnic university building, zoning and grading plan reviews. He then spent nine (9) years as Senior Plan Check Engineer with the City of Anaheim where PROFESSIONAL he handled major projects, as well as code interpretation resolutions AFFILIATIONS: and project flow and scheduling. His most recent position before Calbo - Post Disaster joining SFA was 11 years in the City of Irvine as Senior Plan Check Safety Assessment Evaluator Engineer where, in addition to complex plan reviews, he handled staff training, inter -departmental representation and interfacing with California Office of consultants in providing plan review services. Emergency Services - Essential Engineering Kyle has reviewed numerous mid and hi -rise structures in his career. Duties His reviews have included wrap -around mid -rise condos around International Code parking structures, industrial complexes, hazardous material storage & Council (ICC) processing, assembly buildings, private schools, churches, apartment complexes, offices, retail complexes & malls, essential services facilities, and oil refinery projects. -16- Stvbtt Farclrnn 40Z loc. SCOTT D. BEERY, PE Plan Check Engineer REGISTRATIONS: EXPERIENCE Licensed Professional Mr. Beery has over 17 years of municipal plan check experience and Civil Engineer, has worked in the private sector for over 13 years performing structural California (C64287) design. He has been a plan check engineer with SFA since 2013. CERTIFICATIONS: Certified Plans As a plans examiner, he has reviewed and approved numerous projects Examiner, 1CC, CBC including hazardous material facilities; cannabis extraction facilities with the use of propane/butane; an elevated fire apparatus platform; a EDUCATION: hydrogen -fueling facility, laboratories; OSHPD 3 facilities; parking (Structural) Architectural Sf lifts; structures within snow regions; multi -level apartment buildings Engineering, California and hotels (including podium buildings), theaters, educational Polytechnic University, facilities, restaurants, gyms, night clubs, grocery stores; structures San Luis Obispo, CA within wildland fire severity zones; gas stations; single family dwellings; tenant improvements; photovoltaic systems; gravity walls; Associate of Science- Fire Technology, and hillside buildings. Santa Ana College, Santa Ana, CA His engineering background includes single family dwellings, apartment buildings, CMU commercial buildings, DSA school PROFESSIONAL projects, masonry seismic retrofits, fire reconstruction projects, AFFILIATIONS: retaining walls, mechanical equipment anchorage, and assisting with International Code Council (1CC) structural forensics. His design experience includes timber, steel, masonry and concrete structures. Prior to Mr. Beery joining SFA in October 2013, he was an Associate Engineer with the County of San Diego Building Department for over two years. He then worked at the City of Anaheim Building Department as a Senior Plans Examiner and an Acting Plan Check Supervisor for over 7 years. In addition, his plan check background also includes representing the Building Department in numerous pre -submittal meetings regarding large project projects to answer plan review questions from various design professionals. Examples include Disney's 2012 California Adventure renovation, Area Regional Transportation Intermodal Center (ARCTIC) a 130-ft. tall truss dome with membranes and two 2- story buildings within the dome, Kaiser Permanente, Eastside Christian Church, Extron Electronics, and the historical re -use of the Anaheim Packing House. -17- Cott Rruetrnc & A.cct)dntcs, Inc. PETER K. TANG, PE Plan Check Engineer REGISTRATIONS: EXPERIENCE Licensed Civil Mr. Tang has been a plan check engineer in SFA's Irvine office for 18 Engineer, California ears. He reviews both residential and commercial plans for (C-59691) compliance with model codes and ordinances. With a background in EDUCATION: forensic investigations on wood -framed structures, he is particularly BS, Engineering, well versed in wood structures. California State Polytechnic University Over an 18-yr. period, Mr. Tang has been exposed to a variety of engineering design assignments with three different structural design firms. He was employed by Seismic, Inc. in Pomona; Ficcadenti & Waggoner Structural Engineers in Irvine; and John A. Martin Structural Engineers in Los Angeles. Mr. Tang has been an excellent supervisor to junior plan checkers in the area of wood framing. His expertise in rack design has also made him a valuable resource in the review of increasingly large rack systems. In his engineering design years, Mr. Tang was a project designer on Fresno State's Savemart Center, a steel and concrete sports area; the Pacific Grand Resort, a steel conference center in Huntington Beach; the Westpart Tiempo Community in Irvine, a seismic retrofit of homes; the Casa Gateway Condos in Pacific Palisades; and a seismic evaluation of 3-story homes. Through our contract with the city of Norwalk, Mr. Tang worked in- house at the city one day per week for almost 8 years. He worked with applicants to answer code questions and to resolve plan check issues for both his projects as well as those of other SFA plan reviewers. His personality allowed him to be a successful ambassador. Mr. Tang is one of two key engineers responsible for doing electronic data entry to client agencies and assisting others with computer entry protocols. -18- Nctbtt Famelrac .& &ssocintes, Ioc. BRETT A. ARCHIBALD, PE Plan Check Engineer REGISTRATIONS: i EXPERIENCE Registered Civil Mr. Archibald is one of SFA's professional staff in our Irvine office. Engineer, California He has 19 years of experience with SFA reviewing both residential and (C69206) commercial projects. He is responsible for tracking changes in T-24 CERTIFICATIONS: Energy Regulations and updating all staff. Certified Plans Examiner, ICC Mr. Archibald started internship with SFA during college summer (5114159-60) breaks and immediately started full-time upon graduation in 2002. He has performed reviews of all construction types and occupancy groups Certified Mechanical Inspector, ICC during his tenure including new structures, additions and alterations. (5114159-41) Mr. Archibald has experience in plan checking a variety of projects Build It Green including single and multi -family housing, tenant improvements, new Certification, CA commercial and industrial buildings, seismic retrofits, tilt -up warehouses, etc. These projects involved structural systems such as Certified Access Specialist (CASp) wood framing, light gauge steel, moment frames, cantilever columns, (DSA CASp-122) concrete and masonry. EDUCATION: Mr. Archibald has taken the lead role of developing and updating BS, Civil Engineering, SFA's Commercial & Residential Standard Correction Lists used by California State San the entire plan check team. He has also been the key plan check Diego, Structural engineer to follow all the T-24 energy updates and is the "go to" Emphasis in Course Work person for energy questions. As a CASp, he also maintains updated training as a CASI member. PROFESSIONAL AFFILIATIONS: Mr. Archibald is one of two key staff engineers that take the lead role International Code in assisting our clients with implementing electronic plan reviews as Council (ICC) well as doing data entries in the databases of our client's tracking Certified Access system when needed. He has worked his entire 19-yr. career at SFA. Specialist Institute (CAST) Mr. Archibald has also been instrumental in helping to establish tailored documentation for some of SFA's newer clients or clients which are modifying procedures or policies. His computer skills have assisted in the coordination of SFA processing with the needs of our clients. Nc4ptt IN'svelcns & &%socintes, litc. RANDY BUCK Electrical Plan Check EDUCATION: EXPERIENCE Electrical Engineering, Mr. Buck works for SFA to provide electrical plan review services on California Polytechnic P University, San Luis large or complex projects and interfaces with all plan check staff as - Obispo, CA needed on unique electrical code issues. He has worked for SFA since his retirement from Costa Mesa in 2017. Whitworth College, Spokane WA PROFESSIONAL AFFILIATIONS: International Association of Electrical Inspectors (IAEI), Past President IAEI Professional Member #6034372 Mr. Buck has worked in the electrical industry for the past 40 years, starting as an electrician, electrical contractor and then entering the public sector as an electrical inspector for the City of Costa Mesa. He retired after 30 years of service as the Chief Inspector and Electrical Plan Checker for Costa Mesa. He presently teaches electrical code and ordinances for the International Brotherhood of Electrical Workers (IBEW). During his 30 year tenure with the City of Costa Mesa, he plan checked and inspected the electrical on large multi -family residential complexes and numerous commercial facilities. Some notable projects were the Segerstrom Concert Hall which was a large, complex project on an extremely tight timeframe; Triangle Square which had large fault current, generator and an EM lighting system; and Toyota Racing Development (TRD) which had large dynamometers which were unique, custom, one -of -a kind equipment for their test facility. Prior to his experience with the Costa Mesa Building Division, Mr. Buck worked for two Electrical Contractor firms: Foster Electric & Engineering and Walker Electric. He worked 4 years with Foster Electric doing oil refinery hazardous location installations, restaurants and industrial food processing conveyors. With Walker Electric, he worked for 6 years doing large residential complexes up to 750 units, subterranean parking, tennis courts, a community building with racquetball courts, gym, streams and pool. Along with his present duties performing plan reviews with SFA, Mr. Buck teaches at the NJATC (IBEW Training Building) in Santa Ana. The program he teaches for is accredited by Santiago Canyon Community College. His coursework covers compliance, calculations, and interpretation with the Electrical Code. %Ncortt F'""'Ows & Asswintes, luc. Dennis Grubb & Associates Resumes Dennis Grubb Mr. Grubb is thoroughly knowledgeable on State, Regional and Local Amendments, Guidelines, Information Bulletins, Policies & Procedures, and the Proprietary Fire Prevention Software (IFP). 0 Led Orange County Fire Authority's code adoption process for the 2010 & 2013 Code Cycle. 0 2010 & 2013 Orange Empire Code Committee 0 2013 Orange County Fire Prevention Officer Association Code Committee Chairman Certifications International Code Council CC ♦ Certified Fire Plans Examiner ♦ Certified Fire Inspector II ♦ Flammable & Combustible Liquids o High Pile Combustible Storage ♦ Solving Means of Egress in Commercial Buildings ♦ Fire Protection Systems o Hazardous Materials ♦ Nonstructural Fire & Life Safety Principles ♦ CFC Fundamentals Commercial Product Conveying Ducts & Exhaust Systems e Spray -Applied Fire -Resistive Materials/ Intumescent Coatings o Performance Based Code Enforcement ♦ Tenant Improvement Aspects of A, B and M Occupancies ♦ Solar Photovoltaic Systems o Assembly Means of Egress ♦ Special Buildings Types & Features o Commercial Kitchen Hoods ♦ Building Areas, Fire Areas and Mixed Occupancies ♦ Compressed Gases & Cryogenic Fluids -21- International Conference of Building Officials ♦ Application of the UFC for Building Construction ♦ Means of Egress 1 ♦ Means of Egress II NFPA ♦ Hazardous Classified Locations ♦ Automatic Sprinkler Systems Office of the State Fire Marshal, California ♦ Fire Prevention 1 A, 1 B, 1 C, 2A, 2B, 3A o Statues & Regulations ♦ Hazardous Materials Education August Vollmer University • B.S. - Criminal Justice Los Angeles Community College ® A.A. - Administration of Justice Agency Experience t Orange County Fire Authority (Assistant Fire Marshal) 24+ Years of Experience in Fire and Life Safety with over 30,000 plans reviewed 3. PROJECT APPROACH/METHODOLOGY SFA is specifically well qualified to provide the services outlined in the RFP, Sections A and B for Building Plan Review and Structural On -Call Services. This Section covers SFA's 1) qualifications of our team, 2) methodology and internal policies and 3) scheduling controls to insure on -time delivery of services. Project Approach The project approach will be to provide the highest quality plan review for the City of Newport Beach by applying our tenured, seasoned, well trained and credentialed plan check engineering staff to each plan sent to SFA for review. While this seems like a simple statement, in order to do this, SFA maintains top quality engineers specifically trained and experienced in building safety plan review by providing stability, pride in their work product, good compensation, great office space conditions, organized and highly qualified administrative support staff and a family team environment. SFA values employees with long tenure as the consistency and quality of their work product increases with time. All of our staff take pride in the team of which they are a part. We do not use part-time moonlighting staff who fill in to make extra money and may not be available to talk to or meet with applicants during the workday. We do not have multiple offices to which plans are farmed out. We have employees that have specialized in plan review for over 18 years to as many as 40 years each. SFA's business model has been to focus on building plan review and to maintain a single office location with tenured staff. Scott Fazekas is the sole owner and personally acts as the Liaison for all City needs and continues to have a technical role in plan review; daily interacting with all staff. Key Agency Needs The entire Proposal addresses all the components that as a whole make SFA a high quality solution to the City's needs. Some of the following are highlights which we feel are specifically germane to the RFP. • Exclusively serving municipalities for zero conflict of interest. • Fast turnaround times: 10 working days for initial review; 5 working days for rechecks. Large projects as agreed upon with City. • Paper or Electronic plan submittal and review options. • Small Business Certified by State of California GSA • Experience of individual plan check staff in this field. • Municipal experience in building departments familiarity with all internal & external agency and division needs. • Excellent references by numerous municipalities. • E-mail of correction lists to City for timely communication. • Quality Control measures practiced to insure a quality work product. -22- Nc4olt FnyeIrnc JZ A.%.-4 intcs, Mc. SFA incorporates several internal procedures which will: 1) insure better communication with our client agencies and the applicants; 2) achieve plan reviews which are more consistent with the specific policies and needs of our clients; and 3) enhance internal organization and processing. Overall Process/Scope of Work Scott Fazekas & Associates, Inc. (SFA) proposes to provide start to finish comprehensive plan review services as -needed when assigned by the City of Newport Beach. All of our plan check staff are located in our Irvine office. Plans will be picked up from City Hall within 24 hours of notification when in paper format, or will receive the plans electronically when notified by the City when they send a link and the application paperwork. During the review process, once the initial review or resubmittal is plan checked, the plans (paper or electronic format) are sent with plan review comments to the applicant with an electronic copy of the Correction List directly to the City's Building Official and any other desired, designated staff. Also, as an extra service, SFA will copy the Owner with the Correction List as a courtesy. This is discussed further in the Additional Data section. SFA's plan check engineers are available to the applicants by phone, e-mail, in person or virtual meeting via Zoom to discuss any questions prior to resubmittals. When the applicant and/or design team have resolved corrections through the resubmittal and recheck process and have shown compliance with all applicable codes, ordinances, state and federal laws and City Policies and Interpretations, SFA will return a Transmittal with 2 sets of approved plans, stamped and signed by SFA, to the City in either paper or electronic format as required. A copy for the Assessor is also included when appropriate depending on the project scope. Adjustments to any of these general protocols can be made to tailor services to meet the City's specific needs. SFA's Transmittal will indicate any relevant communications to the City such as other department or agency approvals, Hardship Applications, AM & Ms, Building Official's specific directives or interpretations, Conditions of Approval, encroachment documentation, etc... We have a Client Agency Information Sheet which details specific operating protocols, so SFA acts as an extension of City's staff with consistency in policy and execution. -23- Sc4ott FnieIrns & Ass4wlntec, loc. Communication with Applicants SFA has multiple mediums with which to communicate with applicants during the process. The method selected is intended to be the most convenient, timely, efficient, inclusive to all relevant parties, and which medium the design team has available to them. SFA lists the communication tools currently being utilized in our daily operations: • Zoom meetings • Conference call dial -ins • Combination of Blue beam shared on-line viewing with conference call to discuss plans. • On -site meetings • Meeting attendance at City Hall • Phone • Fax • E-mail and pdfs Considerations such as the location(s), number of participants, complexity of the subject and even personality of the contacts plays a role in how our method of interaction is selected. Scope of Services The Scope of review provided by SFA covers all the codes mandated for enforcement by the Building Department and are listed as follows: Building California Building Code, 2019 Edition (And whatever Edition goes into effect as mandated by State Law) California Mechanical Code, 2019 Edition California Plumbing Code, 2019 Edition California Electrical Code, 2019 Edition California Energy Code, 2019 Edition California Residential Code, 2019 All California Adopted Codes California Green Building Standards Code, 2019 Edition City Grading Ordinance All California Statutes which mandate local enforcement All related State and Local Codes adopted by the City of Newport Beach as well as future adopted codes and ordinances during the term of the contract term City Policies City Interpretations -24- Scaptt Famclms, & A.ccocintec, luc. SFA has worked with DGA exclusively to provide our Fire Presention services. Dennis Grubb is the owner of DGA and along with his team, is personally involved in the plan reviews. Reviews consist of the following: Fire Suspression systems Alarm Systems Chemical classifications Discretionary reviews of development Conditioning projects Alternate Methods & Materials (AM&M's) Training for field inspection staff on residential 13-D Sprinkler Systems The above scope will consider the California Fire Code, City of Newport Beach Ordinances and Regional consistency with OCFA's practices and applications. Turn Around Times SFA will review plans in ten (10) working days initial and five (5) working days for rechecks for all projects. For extremely large or complex projects, far exceeding $lmillion those would be as agreed upon with the City. This would likely be fifteen (15) working days. Accelerated projects are accommodated when requested by the City to do so. Plan Assignment/Routing When plans are received either initially or for recheck, the plans are promptly routed to the plan check engineer with an assignment tag and the due date, so the engineer can schedule their time accordingly. All plan check engineers are paid hourly instead of salaried so they receive pay for all overtime at a rate of 1.5 times regular payroll. No pre -approval is required. This overtime pay system allows them to put in extra time when needed in order to always meet the deadline. A weekly Turnaround Report is run and reviewed by management to verify that all deadlines have been met or exceeded. By assigning work to the engineers quickly, offering automatic overtime pay and reviewing performance reports, SFA consistently meets our deadlines and will do so for the City of Newport Beach. -25- Ncett rnzelms & associtntec, luc. Plan Review Document Verification The plan reviews also consist of checking the Application against the plans to verify accuracy and consistency of the description, valuation, square footage, construction type, use, and occupancy. In order for the plan checks to reflect the City's specific administrative preferences, policies, interpretations and routing protocols, SFA will customize a City of Newport Beach Correction List text which insures that specific requirements are not missed. SFA will also maintain a summarized outline of Newport Beach's Ordinance requirements and administrative policies that each plan check engineer references. It can be amended at any time by the Building Official by an e-mail or phone call. This enhances plan reviews that are consistent and in accordance with directives of Newport Beach's Building Official. Correction List Format To enhance fairness to the designer with the Correction List, the format is such that upon recheck, all the corrections which are resolved by the designer's response are deleted/dropped from the list; only the unresolved items remain. The initial corrections that are unresolved remain in light font for reference with the follow-up correction clarification as to what remains outstanding and why, is typed in bold font. This lets the designer (and owner) see that it is not a new correction that was added but was simply not resolved by the designer, and why. Additional Services Provided by SFA SFA has four (4) CASp professionals on staff. The Certified Access Specialist shows a level of competency in not only California Access Regulations, but in both federal and state laws and how both citizens and the City are affected. Preliminary meetings either virtually or Zoom offered by SFA. These meetings are offered at no additional cost to the City. If requested by the Building official, City Hall or jobsite meetings will be arranged also. Phone consultations are available to the City on any topic, regardless of whether or not it's for a project worked on by SFA. Code issues are addressed as a courtesy with no charge. SFA's Office All of SFA's plan review services are based in our Irvine office. Having all of our staff in one office location enhances quality control through: • Creating a team information sharing environment, • Single location of all staff for meetings to train and discuss uniformity • Central location for tracking plans, entering data, typing Corrections, handling phones • No sharing of plan assignments occurs by shipping to other district offices -26- mitt Fnwcicns .& Ass4w1ntcs, Inc. Electronic Tools Some of the key elements which are relied upon for a plan review operation are 1) Plan Check software and hardware, 2) Plan Correction List development and distribution, 3) Municipal Permit System data, 4) Courier and UPS tracking, 5) e-mail correspondence with the City and applicants, 6) the Custom Designed Plan Log Program and 7) on-line access to client software. SFA has (5) five electronic plan review stations. Each has dual 43" screens with 4K resolution. Bluebeam Revu is our primary software which the plan check engineers prefer to use. Adobe Reader is also available. We also have a digital security stamp through Bluebeam which uses Sectigo Security to allow us to lock plans to prevent tampering. SFA can accept plans from any City format by simply providing us a link to download into our system. • Our plan check correction lists are typed using Microsoft Word and the Correction lists are sent via e-mail to the City and applicants. • Municipal permit tracking systems used by cities for which we do electronic plan reviews have been Bluebeam, Accela, E-Plan Soft Review (EPR) Sire and EnerGov. • SFA's Administrative Section has a computer tracking station exclusively for UPS accounts. Status of plan deliveries and time, dates and individuals who signed for plans is easily accessed. • All e-mail correspondence is sent in either electronic file or as pdf format depending on the document type and City preference using Microsoft. When required in another format, it can be saved in another requested format before sending. • SFA has developed a sophisticated Plan Log System that tracks plans, lists Application and Correction data, develops invoicing, and provides reports for performance data. • When requested by a client, SFA has been granted licenses by the City to allow us to access the City's database and to review the plans in their system or to update project status when corrections or approvals are issued. • SFA has an on-line plan review status tool on our website for access by the City and Applicant. Our Correction Lists communicate how it can be accessed as a convenience. -27- Cott N'nzchnc & A%smgwintea, Inc. City Role/Time Involvement It is the goal of SFA to make the effort by City staff to be zero, or at least very minimal regarding the start -to -finish plan review process. The City uses a consultant to relieve the City of that assignment. Since SFA works at the pleasure and direction of the City, the City has the right to determine what, if any, involvement they have. SFA is simply an extension of the City staff as a resource as -needed. Hold Form Policy Plan review is an essential function in the City's role of establishing compliance with minimum codes, regulations and ordinances but must be balanced with a customer service attitude that establishes a helpful and constructive attitude by the plan check staff in attaining plan approval. When a plan check submittal response is not entirely complete or ready for approval but the remaining items are relatively minor, SFA's HOLD Form allows us to update the City of the Corrections but lets the City know that we have called, notified and are working with, the design team on minor items that can be resolved by slip -sheeting, attaining missing signatures, resolving calculations, etc... The applicant and designer are always appreciative of this personalized level of service which avoids delays by additional plan routing or having to resubmit and wait their turn in line after another resubmittal. This is one of the ways that SFA puts forth the effort to make our client, the City of Newport Beach, look good. This also lets the City see that our turnaround time is met since the HOLD Form shows that the review was done on time but had corrections. The applicant views it as assisting them in fast - tracking their job. Owner Notification Policy SFA has recently implemented a new idea with one of our client agencies that is a departure from conventional Building Safety protocol but is innovative in enhancing the professional image of the City to the property owners. SFA will provide this service for the City of Newport Beach if Management so desires. If using the Owner Notification, the applicant is required to provide the owner's contact information on the Application, including e-mail address. When SFA sends out the Correction List to the applicant or design professional, the owner is also provided a copy. It is prefaced with a statement on the e-mail that no action is required by the owner but that the information is provided as a courtesy at the request of the City's Building Official to keep them informed on the progress of their project. The language in this e-mail is subject to the City's approval. -28- Nic4ott Fazelrnc & A%mmwIntC., Inc. Often, the design team uses the "City" which includes the "Consultant", as the scape goat. They often make excuses to their client for their schedule and workload which delay resubmittals or cause the resubmittals to be incomplete, just to be able to tell their client that they've resubmitted. The owner will see the dates of Correction Lists and the follow-up comments and items that have not been resolved and why. Having the owner engaged should in theory, reduce the number of rechecks needed, facilitating earlier approval, and will reduce or avoid blame being directed at SFA or the City. This, as with the HOLD Form, is another way SFA provides tools to enhance the City's image to their community. Applicant Questionnaires SFA provides Applicant Questionnaire at the time of initial review for the design/developer team to complete after the review process is complete. This allows follow-up of any potential process issues but also lets the plan check team know they're open to receiving comments. SFA only implements this when requested by the City, as cities often have their own -quality control measure preferences. SCHEDULE CONTROL Scheduling and Tracking SFA's plan log has all the features for flawlessly tracking both routing and review status. It features the ability to provide status reports, statistical reports, performance and management reports. This is available to the City as requested. Our Reports show: • Dates received, reviewed, checked, notified and shipped • Tracking status by UPS or Courier • Plan Check Engineer's name, contact information, where and how to respond and resubmit for recheck • Correction Lists • Special Notes to flag unique project -specific items. SFA has worked with our client cities on numerous projects which required preliminary meetings, condensed schedules, phased reviews and tight goals on permit issuance deadlines. All projects received by SFA are entered into the SFA Plan Log System. Some of the key features are: All information associated with each project is recorded Fee calculation and tracking for all hourly projects such as revisions or deferred submittals. A Scheduling Report is generated daily which displays the currently assigned 10 day workload for each plan checker and all projects received that day. This report is used to ensure each project has the proper time available to complete a proper review. This process also serves to identify projects experiencing delays with numerous re -checks so they can be addressed. -29- Scott Fnzcicnc .NZ A.c4wintei, Inc. • Maintains all SFA holiday and vacation calendars to ensure assigned workloads are accurate and achievable. • A "Due Report" is generated nightly and delivered, as a reminder, to each plan checker containing all the projects due the next day to ensure deadlines are achieved. • A "Status Report" is generated which includes the turnaround time for all projects. This serves as a double check that projects do not go out late. • A self-service status portal accessible via the SFA website which provides detailed status for each project such as; the assigned plan checker, completed date, shipping date and shipping method. This can be accessed by applicants when approved by City. • Advanced search features which helps streamline projects by assigning projects at the same address to the same plan checker who performed previous reviews. • Customizable fee structure and review schedules for each client with automated generation of fees and due dates to prevent clerical and mathematical errors. • Automated invoice generation to help prevent clerical and mathematical errors. -30- INC40tt Rnml;icas & &3%4NAUtl`., 111C. EXHIBIT B SCHEDULE OF BILLING RATES Scott Fazekas and Associates, Inc. Page B-1 EXHIBIT B SCHEDULE OF BILLING RATES Building Plan Review Fee Structure Consultant ("SFA") shall charge plan review fees based on a percentage of the City's plan review fees actually charged to the party requesting plan review ("User"). SFA's rate shall be seventy percent (70%) of the City's actual plan check fee charged to the User. Expedited review shall be charged an additional twenty five percent (25%) markup over the regular plan review fee, and only applies when the City also collects an accelerated rate fee from the User. Reviews of duplicate or identical plans for a project shall be charged at the reduced rate of fifteen percent (15%) of the regular plan review fee, and shall only apply after the initial model is checked at the applicable rate. PM&E when reviewed separately, revisions, or deferred submittals, shall be charged at the rate of $115.00 per hour. SFA will not charge for rechecks unless the plans are incomplete or revised and for which the City collects additional fees from the User. Additional services outside the main scope of review for building plans shall be charged at the rate of $115.00 per hour. A 1-hour minimum is applied for all hourly work. SFA does not charge for plan shipping costs, copying or administrative costs. No travel costs shall apply for travel within Orange County. Fire Review Fee Structure For fire plan reviews, a rate of $130 per hour shall be charged for electronic plan submittals. If hard copies of fire reviews are assigned, a two hour minimum charge shall apply. 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 Scott Fazekas and Associates, 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. Scott Fazekas and Associates, Inc. Page C-2 5. Additional Agreements Between the Parties. The parties hereby agree to the following: 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 Scott Fazekas and Associates, Inc. Page C-3 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 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. Scott Fazekas and Associates, Inc. Page C-4 w \ \ J J 2 2 / 2 \ / 3 _ \ \ \ \ \ G LL