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.
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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
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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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.
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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
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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.
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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.
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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.
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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.
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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
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