HomeMy WebLinkAbout05-ATTACHMENT AAttachment A
CONSULTANT SERVICES AGREEMENT
This Agreement for Consultant Services (herein "Agreement"), is made and entered
into by and between the CITY OF TUSTIN, a municipal corporation ("City"), and Scott
Fazekas & Associates. ("Consultant").
WHEREAS, Consultant is qualified to provide the necessary services and has
agreed to provide such services; and
WHEREAS, Consultant has submitted to City a proposal, dated October 5, 2016, a
copy of which is attached hereto as Exhibit "A", and is by this reference incorporated
herein as though set forth in full hereto (the "Proposal").
NOW, THEREFORE, in consideration of the premises and mutual agreements
contained herein, City agrees to employ and does hereby employ Consultant and
Consultant agrees to provide consulting services as follows:
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and
conditions of this Agreement, Consultant shall provide those services
specified in the "Proposal and Scope of Services" attached hereto as
Exhibit "A" and incorporated herein by this reference, (the "services"
or the "work"). Consultant warrants that all services shall be
performed in a competent, professional and satisfactory manner in
accordance with all standards prevalent in the industry. In the event
of any inconsistency between the terms contained in Exhibit "A" and
the terms set forth in the main body of this Agreement, the terms set
forth in the main body of this Agreement shall govern.
1.2 Compliance with Law. All services rendered hereunder
shall be provided in accordance with all laws, ordinances, resolutions,
statutes, rules, and regulations of the City of Tustin and of any
federal, state or local governmental agency of competent jurisdiction.
1.3 Licenses and Permits. Consultant shall obtain at its
sole cost and expense such licenses, permits and approvals as may
be required by law for the performance of the services required by
this Agreement.
1.4 Familiarity with Work. By executing this Contract,
Consultant warrants that Consultant (a) has thoroughly investigated
and considered the work to be performed, (b) has investigated the
site of the work and become fully acquainted with the conditions there
existing, (c) has carefully considered how the work should be
performed, and (d) fully understands the facilities, difficulties and
restrictions attending performance of the work under this Agreement.
Should the Consultant discover any latent or unknown conditions
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Comm.Dev. CA 212004
materially differing from those inherent in the work or as represented
by the City, Consultant shall immediately inform City of such fact and
shall not proceed with any work except at Consultant's risk until
written instructions are received from the Contract Officer.
1.5 Care of Work. Consultant shall adopt and follow
reasonable procedures and methods during the term of the
Agreement to prevent loss or damage to materials, papers or other
components of the work, and shall be responsible for all such
damage until acceptance of the work by City, except such loss or
damages as may be caused by City's own negligence.
1.6 Additional Services. Consultant shall perform services
in addition to those specified in the Proposal when directed to do so
in writing by the Contract Officer, provided that Consultant shall not
be required to perform any additional services without compensation.
Any additional compensation not exceeding ten percent (10%) of the
original Contract sum must be approved in writing by the Contract
Officer. Any greater increase must be approved in writing by the City
Manager.
1.7 Special Requirements. Any additional terms and
conditions of this Agreement, are set forth in Exhibits "B" and "C" and
are incorporated herein by this reference. In the event of a conflict
between the provisions of Exhibit "B" and "C" and any other provision
or provisions of this Agreement including Exhibit A, the provisions of
Exhibits "B" and "C" shall govern.
2. COMPENSATION
2.1 Compensation of Consultant. For the services
rendered pursuant to this Agreement, the Consultant shall be
compensated and reimbursed only such amount as are prescribed in
Exhibit C, in an amount not to exceed those fees.
2.2 Method of Payment. In any month in which Consultant
wishes to receive payment, Consultant shall no later than the first
working day of such month, submit to City in the form approved by
City's Director of Finance, an invoice for services rendered prior to
the date of the invoice. City shall pay Consultant for all expenses
stated thereon which are approved by City consistent with this
Agreement, no later than the last working day of said month.
2.3 Changes. In the event any change or changes in the
work is requested by City, the parties hereto shall execute an
addendum to this Agreement, setting forth with particularity all terms
of such addendum, including, but not limited to, any additional
Consultant's fees. Addenda may be entered into:
180912.1 2
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A. To provide for revisions or modifications
to documents or other work product or work when documents
or other work product or work is required by the enactment or
revision of law subsequent to the preparation of any
documents, other work product or work;
B. To provide for additional services not
included in this Agreement or not customarily furnished in
accordance with generally accepted practice in Consultant's
profession.
2.4 Payment for Changes. Changes approved pursuant to
an Addendum shall be compensated at the personnel hourly rates
prescribed in Exhibit "C" hereto. Note: Exhibit "C" prohibits billing for
travel.
3. PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the
performance of this Agreement.
3.2 Schedule of Performance. All services rendered
pursuant to this Agreement shall be performed within any time
periods prescribed in any Schedule of Performance attached hereto
marked Exhibit "D". The extension of any time period specified in the
Exhibit "D" must be approved in writing by the Contract Officer.
3.3 Force Majeure. The time for performance of services to
be rendered pursuant to this Agreement may be extended because of
any delays due to unforeseeable causes beyond the control and
without the fault or negligence of the Consultant, including, but not
restricted to, acts of God or of a public enemy, acts of the
government, fires, earthquakes, floods, epidemic, quarantine
restrictions, riots, strikes, freight embargoes, and unusually severe
weather if the Consultant shall within ten (10) days of the
commencement of such condition notify the Contract Officer who
shall thereupon ascertain the facts and the extent of any necessary
delay, and extend the time for performing the services for the period
of the enforced delay when and if in the Contract Officer's judgment
such delay is justified, and the Contract Officer's determination shall
be final and conclusive upon the parties to this Agreement.
3.4 Term. Unless earlier terminated in accordance with
Section 7.7 of this Agreement, the term of the Consultant contract will
be for three (3) years, beginning on the effective date of the
agreement. The agreement may be extended up to two additional
one (1) year periods by mutual agreement of the parties subject to
Community Development Department Director approval. Rates for
services agreed to and established in the contract shall not be
180912.1 3
Comm.Dev. CA 2/2004
amended without the express consent of the Community
Development Department Director.
4. COORDINATION OF WORK
4.1 Representative of Consultant. The following Principal
of the Consultant is hereby designated as being the principal and
representative of Consultant authorized to act in its behalf with
respect to the work specified herein and make all decisions in
connection therewith: James M. Guerra, CBO.
It is expressly understood that the experience,
knowledge, capability and reputation of the foregoing Principal is a
substantial inducement for City to enter into this Agreement.
Therefore, the foregoing Principal shall be responsible during the
term of this Agreement for directing all activities of Consultant and
devoting sufficient time to personally supervise the services
hereunder. The foregoing Principal may not be changed by
Consultant without the express written approval of City.
4.2 Contract Officer. The Contract Officer shall be the
Director of Community Development of City unless otherwise
designated in writing by the City Manager of City. The Co -Contract
Officer shall be the Assistant Director of Community Development. It
shall be the Consultant's responsibility to keep the Contract Officer, or
the Co -Contract Officer in the Contract Officer's absence, fully
informed of the progress of the performance of the services and
Consultant shall refer any decisions which must be made by City to
the Contract Officer. Unless otherwise specified herein, any approval
of City required hereunder shall mean the approval of the Contract
Officer or the Co -Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment. The
experience, knowledge, capability and reputation of Consultant, its
principals and employees were a substantial inducement for the City
to enter into this Agreement. Therefore, Consultant shall not contract
with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City.
In addition, neither this Agreement nor any interest herein may be
assigned or transferred, voluntarily or by operation of law, without the
prior written approval of City.
4.4 Independent Contractor. Neither the City nor any of its
employees shall have any control over the manner, mode or means
by which Consultant, its agents or employees perform the services
required herein, except as otherwise set forth herein. Consultant
shall perform all services required herein as an independent
contractor of City and shall remain at all times as to City a wholly
independent contractor with only such obligations as are consistent
180912.1 4
Comm.Dev. CA 2/2004
with that role. Consultant shall not at any time or in any manner
represent that it or any of its agents or employees are agents or
employees of City. Consultant shall be solely responsible for
compliance with State and Federal Law with respect to the wages,
hours, benefits, and working conditions of its employees, including
requirement for payroll deductions for taxes. Employees or
independent contractors of Consultant are not City employees.
5.1 Insurance.
A. Consultant shall maintain in full force and
effect during the term of these Agreement policies of
commercial general liability and automobile liability insurance
(each of which shall include property damage and bodily
injury) and each with limits of at least $1,000,000 combined
single limit coverage per occurrence.
B. Consultant shall maintain in full force and
effect during the term of this Agreement a policy of
professional liability insurance coverage with limits of at least
$1,000,000 combined single limit coverage per claim or per
occurrence. If Consultant provides claims made professional
liability insurance, Consultant shall also agree in writing either
(1) to purchase tail insurance in the amount required by this
Agreement or to cover claims made within five (5) years of the
completion of Consultant's service under this Agreement, or
(2) to maintain professional liability insurance coverage with
the same carrier in the amount required by this Agreement for
at least five (5) years after completion of Consultant's services
under this Agreement. Consultant shall also provide evidence
to the City of the purchase of the required tail insurance or
continuation of the professional liability policy by executing the
attached Letter Agreement on Consultant's letterhead.
C. Consultant shall carry and pay for such
workers' compensation insurance as is required fully protect
Consultant and its employees under California Worker's
Compensation Insurance Law. The insurance company shall
agree to waive all rights of subrogation against the City for
losses paid under the policy, which losses arose from the work
performed by the named insured.
D. Other applicable insurance requirements
are: (1) Name the City, its officials and employees as an
additional insured on the commercial, general and automobile
policies. (2) The insurance shall be issued by a company
authorized by the Insurance Department of the State of
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Comm.Dev. CA 2/2004
California and rated A, VII or better (if an admitted carrier) or
A-, X (if offered, by a surplus line broker), by the latest edition
of Best's Key Rating Guide, except that the City will accept
workers' compensation insurance rated B -VIII or better or from
the State Compensation Fund. (3) The Insurance shall not be
cancelled, except after thirty (30) days written prior notice to
the City; and (4) The commercial general and automobile
liability insurance shall each be primary as respects the City,
and any other insurance maintained by the City shall be in
excess of this insurance and not contribute to it.
E. Upon execution of this Agreement,
Consultant shall provide to City certificates of insurance and
insurer endorsements evidencing the required insurance.
Insurer endorsements (or a copy of the policy binder if
applicable) shall be provided as evidence of meeting the
requirements of Subsections (1), (3) and (4) of Section D
above and the waiver of subrogation requirement in Section C
above. If self-insured for worker's compensation, Consultant
shall submit to City a copy of its certification of self-insurance
issued by the Department of Industrial Relations.
5.2 Indemnification. The Consultant shall defend,
indemnify and hold harmless the City, its officers and employees,
from and against any and all actions, suits, proceedings, claims,
demands, losses, costs, and expenses, including legal costs and
attorneys' fees, for injury to or death of person or persons, for
damage to property, including property owned by City, arising from
errors and omissions of Consultant, its officers, employees and
agents, and arising out of or related to Consultant's performance
under this Agreement, except for such loss as may be caused by
City's sole negligence or that of its officers or employees.
The Consultant shall also defend, indemnify and hold
the City harmless from any claims or liability for City health and
welfare, retirement benefits, or any other benefits of part-time or
fulltime City employment sought by Consultant's officers, employees,
or independent contractors, whether legal action , administrative
proceeding or pursuant to State statue.
6. RECORDS AND REPORTS
6.1 Reports. Consultant shall periodically prepare and
submit to the Contract Officer such reports concerning the
performance of the services required by this Agreement as the
Contract Officer shall require.
6.2 Records. Consultant shall keep such books and
records as shall be necessary to properly perform the services
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Comm.Dev. CA 212004
required by this Agreement and enable the Contract Officer to
evaluate the performance of such services. The Contract Officer
shall have full and free access to such books and records at all
reasonable times, including the right to inspect, copy, audit and make
records and transcripts from such records.
6.3 Ownership of Documents. All drawings, specifications,
reports, records, documents and other materials prepared by
Consultant in the performance of this Agreement shall be the property
of City and shall be delivered to City upon request of the Contract
Officer or upon the termination of this Agreement, and Consultant
shall have no claim for further employment or additional
compensation as a result of the exercise by City of its full rights or
ownership of the documents and materials hereunder. Consultant
may retain copies of such documents for its own use. Consultant
shall have an unrestricted right to use the concepts embodied therein.
6.4 Release of Documents. All drawings, specifications,
reports, records, documents and other materials prepared by
Consultant in the performance of services under this Agreement shall
not be released publicly without the prior written approval of the
Contract Officer.
7. ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed and
interpreted both as to validity and to performance of the parties in
accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to
this Agreement shall be instituted in the Superior Court of the County
of Orange, State of California, or any other appropriate court in such
county, and Consultant covenants and agrees to submit to the
personal jurisdiction of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this
Agreement, the injured party shall notify the injuring party in writing of
its contentions by submitting a claim therefor. The injured party shall
continue performing its obligations hereunder so long as the injuring
party cures any default within ninety (90) days after service of the
notice, or if the cure of the default is commenced within thirty (30)
days after service of said notice and is cured within a reasonable time
after commencement; provided that if the default is an immediate
danger to the health, safety and general welfare, the City may take
immediate action under Section 7.6 of this Agreement. Compliance
with the provisions of this Section shall be a condition precedent to
any legal action, and such compliance shall not be a waiver of any
party's right to take legal action in the event that the dispute is not
cured.
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Comm.Dev. CA 2/2004
7.3 Waiver. No delay or omission in the exercise of any
right or remedy of a non -defaulting party on any default shall impair
such right or remedy or be construed as a waiver. No consent or
approval of City shall be deemed to waive or render unnecessary
City's consent to or approval of any subsequent act of Consultant.
Any waiver by either party of any default must be in writing and shall
not be a waiver of any other default concerning the same or any other
provision of this Agreement.
7.4 Rights and Remedies are Cumulative. Except with
respect to rights and remedies expressly declared to be exclusive in
this Agreement, the rights and remedies of the parties are cumulative
and the exercise by either party of one or more of such rights or
remedies shall not preclude the exercise by it, at the same or different
times, of any other rights or remedies for the same default or any
other default by the other party.
7.5 Legal Action. In addition to any other rights or
remedies, either party may take legal action, in law or in equity, to
cure, correct or remedy any default, to recover damages for any
default, to compel specific performance of this Agreement, to obtain
injunctive relief, a declaratory judgment or any other remedy
consistent with the purposes of this Agreement.
7.6 Termination Prior to Expiration of Term. The City
reserves the right to terminate this Agreement at any time, with or
without cause, upon thirty (30) days written notice to Consultant,
except that where termination is due to the fault of the Consultant and
constitutes an immediate danger to health, safety and general
welfare, the period of notice shall be such shorter time as may be
appropriate. Upon receipt of the notice of termination, Consultant
shall immediately cease all services hereunder except such as may
be specifically approved by the Contract Officer. Consultant shall be
entitled to compensation for all services rendered prior to receipt of
the notice of termination and for any services authorized by the
Contract Officer thereafter.
7.7 Termination for Default of Consultant. If termination is
due to the failure of the Consultant to fulfill its obligations under this
Agreement, City may take over the work and prosecute the same to
completion by contract or otherwise, and the Consultant shall be
liable to the extent that the total cost for completion of the services
required hereunder exceeds the compensation herein stipulated,
provided that the City shall use reasonable efforts to mitigate
damages, and City may withhold any payments to the Consultant for
the purpose of set-off or partial payment of the amounts owed to City.
7.8 Attorneys Fees. If either party commences an action
against the other party arising out of or in connection with this
180912.1 8
Comm. Dev, CA 2/2004
Agreement or it subject matter, the prevailing party shall be entitled to
recover reasonable attorneys' fees and costs of suit from the losing
party.
8. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION
8.1 Non -Liability of City Officers and Employees. No officer
or employee of City shall be personally liable to the Consultant, or
any successor -in -interest, in the event of any default or breach by the
City or for any amount which may become due to the Consultant or
its successor, or for breach of any obligation of the terms of this
Agreement.
8.2 Covenant Against Discrimination. Consultant
covenants that, by and for itself, its heirs, executors, assigns, and all
persons claiming under or through them, that there shall be no
discrimination or segregation in the performance of or in connection
with this Agreement regarding any person or group of persons on
account of race, color, creed, religion, sex, marital status, national
origin, or ancestry. Consultant shall take affirmative action to insure
that applicants and employees are treated without regard to their
race, color, creed, religion, sex, marital status, national origin, or
ancestry.
9. MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent,
approval, or communication either party desires or is required to give
to the other party or any other person shall be in writing and either
served personally or sent by pre -paid, first-class mail to the address
set forth below. Either party may change its address by notifying the
other party of the change of address in writing. Notice shall be
deemed communicated forty-eight (48) hours from the time of mailing
if mailed as provided in this Section.
To City:
CITY OF TUSTIN
300 Centennial Way
Tustin, CA 92780
Attention: Director of Community Development
(Contract Officer)
To Consultant:
Scott R. Fazekas, AIA, NCARB, CBO, LEED AP, CASp
Scott Fazekas & Associates
180912.1 9
Comm.Dev. CA 2/2004
9 Corporate Park, Suite 200
Irvine, California 92606-5173
9.2 Integrated Agreement. This Agreement contains all of
the agreements of the parties and cannot be amended or modified
except by written agreement.
9.3 Amendment. This Agreement may be amended at any
time by the mutual consent of the parties by an instrument in writing.
9.4 Severability. In the event that any one or more of the
phrases, sentences, clauses, paragraphs, or sections contained in
this Agreement shall be declared invalid or unenforceable by valid
judgment or decree of a court of competent jurisdiction, such
invalidity or unenforceability shall not affect any of the remaining
phrases, sentences, clauses, paragraphs, or sections of this
Agreement, which shall be interpreted to carry out the intent of the
parties hereunder.
9.5 Corporate Authority. The persons executing this
Agreement on behalf of the parties hereto warrant that they are duly
authorized to execute this Agreement on behalf of said parties and
that by so executing this Agreement the parties hereto are formally
bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
Dated:
APPROVED AS TO FORM:
David Kendig,
City Attorney
"City"
CITY OF TUSTIN, a municipal corporation
Elizabeth A. Binsack
Director of Community Development
"Consultant"
Scott Fazekas & Associates
By: Scott R. Fazekas, AIA, NCARB, CBO
President
190912.1 10
Comm.Dev. CA 2/2004
L:Mll:3llv.A1Y
PROPOSAL and SCOPE OF SERVICES
Attached hereto are: 1) Consultant's Proposal
2) Scope of Services
180912.1 11
Comm.Dev. CA 2/2004
Attachment 1
PROPOSAL TO
PROVIDE AS -NEEDED BUILDING PLAN CHECK SERVICE
'iter of Tustin
October 5, 2016
N,"117A
Scoa Fazekas &. sociates, I nc.
NFAScott Famelias & Associates, Inc
Building Safety for Government
October 5, 2016
City of Tustin
c/o Office of the City Clerk
Attn: Mr. Dana L. Ogdon, AICP
Assistant Director -Building
300 Centennial Way
Tustin, CA 92780
Subject: RFP to Provide As -Needed Building Inspection and Plan Check Services
SFA's Proposal to Provide Building Plan Check Services
Dear Mr. Ogdon:
SCOTT FAZEKAS & ASSOCIATES, INC. (SFA) would like to be considered to provide
Building Plan Check Services, as needed, to the City of Tustin. We understand the specific
needs of the City and will be able to offer services which are tailored to those needs.
Some of the key features of SFA are as follows:
• Exclusively serving governmental agencies and provides no building design to
avoid conflict of interest.
• Excellent staff with municipal experience and public relations skills.
• Strong internal organizational systems and policies to facilitate timely and
professional services.
• Excellent references from clients and applicants.
• Questionnaires are available to every applicant to determine satisfaction level
enabling refinement of services.
• Timely turnaround.
Principal of SFA participation in hands-on plan review.
• Internal forms, policies and procedures to achieve tailored services to meet the
exact needs of the City.
• Prior experience with the City of Tustin building safety services.
9 Corporate Park, Suite 200, Irvine, CA 92606-5173 a 949/475-2901 #FAX 949/475-2560 * sfairvine@aoi.com
An Equal Opportunity Employer
Mr. Dana Ogdon
Page Two
October 5, 2016
Credentials include:
• Structural Engineers
• Civil Engineers
• Architects
• Certified Plans Examiners
• Certified Building Officials
• Fire Protection Engineers
• LEED Accredited Professional
• CASp Certification
As requested in the RFP, SFA has reviewed the terms of the City's Professional Services
Agreement and has found that no exceptions are taken.
I hope the enclosed information is found to be concise and informative. It will elaborate on the
bullet points listed in this letter. Should additional information be desired in a given area, I
would be pleased to provide it. I will look forward to hearing from you to further discuss how
Scott Fazekas & Associates, Inc. can serve the City of Tustin.
Sincerely,
SCOTT FAZEKAS & ASSOCIATES, INC.
Scott R. Fazekas, AIA, NCARB, CBO, LEED AP, CASp
President
Nc4ott Fnrje1E.-&%.- & Asmwintes, liacc.
Table of Contents
SECTION I - INTRODUCTION
KEY AGENCY NEEDS
ABOUT THE COMPANY
PHILOSOPHY
SECTION 2 - SCOPE OF SERVICES
PROJECT MANAGER -LIAISON
BUILDING PLAN REVIEW
SECTION 3 - METHODOLOGY/APPROACH
INTERNAL POLICIES AND PROCEDURES OF SFA
SECTION 4 - SFA'S QUALIFICATIONS/EXPERIENCE
PERSONNEL QUALIFICATIONS
SFA' S EXPERIENCE
RESUMES
SECTION S - REFERENCES
:" ri h C.►
Nc ott Farmetc s & Asctwirtes, 61c.
Section - 1 - Introduction
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.
0 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 but not to exceed four weeks.
4 Competitive fees.
0 Experience of individual plan check staff in this field.
• Municipal experience in building departments familiarity with all internal &
external agency and division needs.
0 Excellent references by numerous municipalities.
• Prior consulting experience with the City and familiarity with local needs.
9 Nearby office location.
• E-mail of correction lists to City for timely communication.
0 Quality Control measures practiced to insure a quality work product.
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.
ABOUT THE COMPANY
Scott Fazekas & Associates, Inc. (SFA) is a California Corporation founded by Scott Fazekas in
June 1996. It was formed to offer building safety services to governmental agencies. Mr.
Fazekas started and managed identical services for a consulting firm over the I I years prior to
forming SFA, with 12 years of prior municipal building safety experience as a City employee.
Nctwtt Faxelins JR, Ass4wi-astes, Wc.
Section - I - Introduction
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
primary service provided to our clients is 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's activities in professional organizations are represented in the resume of Scott Fazekas and
our team of plan check engineers. Mr. Fazekas has served at and lectured at seminars for the two
primary organizations which represent building safety professionals: I.C.B.O. and Calbo.
Additionally, he served four years on I.C.B.O.'s General Design Code Development Committee
which then became the Structural Code Review Committee in 1999. He served on the American
Institute of Architect's (AIA's) National Building Performance and Regulations Committee for
six years. Both are technically involved and professionally constructive positions. One of SFA's
senior plan check engineers, Ganesh Rao, S.E., developed and instructed the Calbo Structural
Code Update Seminar for the new 2007 C.B.C. and has also lectured at the local I.C.C. Chapter
level. Additionally, Vic Penera, S.E., served as Chairman of the I.B.C. Structural Code
Development Committee and was involved in the drafting of the new 2000 I.B.C. structural
provisions. Brett Archibald, one of SFA's plan check engineers, took the initiative in developing
both a commercial and a residential checklist for the new 2007 and 2013 California Codes. This
has been shared with the Orange Empire Chapter, LA Basin Chapter and neighboring Chapters.
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, Civil Engineers or Architects
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 out workloads and meet obligations
without overloading any one engineer.
SFA's office location is: 9 Corporate Park, Suite 200, Irvine, CA 92606, Phone (949) 475-
2901, FAX (949) 475-2560 sfairvine&aol.com,
Nc4ttt & &�m%,4wiivtes, Inc.
Section - 1 - Introduction
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:
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 services.
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.
The scope of regulations that affect the design and construction of buildings has become
increasingly diverse and complex with new codes, new legislation, multiple disabled access
regulations, new generation energy regulations and a green building code in addition to the usual
updating of the building codes and municipal ordinances. It is essential to the proper operation
of a building department that it's staff, as well as it's consultants, be aware of and well trained in,
the interpretation and application of codes and their enforcement. SFA stresses that continually
updated training is essential in maintaining quality code enforcement services.
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Section - I - Introduction
The following sections outline in more detail the range of services, approach, unique
qualifications, special concerns, personnel and experience that SFA offers the City of Tustin to
meet your day-to-day building safety plan check needs.
Sc-ett F"iselms & A.%,mocintcx, liec.
Section 2 - Scope of Services
The following is the itemized Scope of Services which SFA's staff is prepared to provide for the
City of Tustin. All are expected to be performed as part of this Proposal. The Scope of Services
and the manner in which they are performed will be in accordance with the specific requirements
of the City's program.
I . Review of plans for compliance with the applicable model codes.
2. Review of plans for compliance with any state- or locally -mandated regulations for
energy conservation, disabled access and green building code compliance,
3. Preparation of written corrections submitted to the applicant.
4. Recheck and approval of the final plans after all corrections have been incorporated in the
plans,
5. Submittal of approved plans and supporting documents to the City of Tustin.
6. Additional related services when so assigned or requested by the City.
SFA has met and frequently exceeds the deadlines of our client agencies. The best reference of
SFA's ability to provide the required services in a timely manner is illustrated in our track record
which can be supported by our client reference list.
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 will be 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.
Nk4ptt Fame-Im%.- & A%,-.%4Pciates, lisc.
Section 2 - Scope of Services
General Assistance
SFA welcomes the opportunity to aid our clients with general information and departmental
assistance in addition to providing plan review services. We like to be considered a valuable and
accessible resource that will make operating your department easier. SFA's exposure to
numerous agency operations, our experienced employees each with specialized expertise, and our
involvement in committees and attendance at numerous seminars will give the City of Tustin the
benefits associated with an increased level of staffing.
BUILDING PLAN REVIEW
Building Codes
SFA proposes to perform both structural and non-structural plan review of residential, industrial
and commercial buildings for compliance to all local ordinances and state code amendments that
pertain to local enforcement of building and safety. This includes the adopted California
Building, Residential, CalGreen, Plumbing, Mechanical and Electrical Codes. The scope of
review may be subject to the direction of the City's liaison.
State Disabled Access Regulations (DSA & HCD)
SFA provides comprehensive administration of the Disabled Access Regulations in Chapters I I-
A
-A and 11-13 which are developed by HCD and DSA respectively. Our staff are qualified to
interpret and advise applicants on exemptions and Unreasonable Hardship applications. SFA has
two CASp's on staff; Scott Fazekas and Brett Archibald.
State Energy Regulations
SFA provides energy calculation review in accordance with the energy law requirements. SFA
will incorporate the proper documents in the plans for use by both the inspector and the builder,
facilitating improved field relations and quality of the end product. Here also, emphasis is placed
on attendance at energy seminars to obtain updated information and training in the energy
regulations and the use of related forms.
State Noise Ordinance
SFA's services include checking to see that both interior (and exterior, when so directed by the
City) noise intrusion are properly addressed by the designer and that the necessary assemblies
provide the required degree of sound attenuation in accordance with State law. If exterior sound
attenuation is a concern, SFA will review for compliance when so directed. If noise contour
maps are provided, we will check as to whether or not the buildings are subject to such
regulations. The new CalGreen Code also covers acoustic provisions which SFA addresses in
our plan reviews.
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Section 2 - Scope of Services
Federal Flood Plain Regulations
Many jurisdictions have areas that, due to either their proximity to water or their elevation, are
subject to federal flood plain regulations. If so desired, applicability to each project will be
checked and addressed during the plan review stage. This alerts the developer at the earliest
possible time in order to allow for advance planning. This is particularly important at the grading
plan review stage.
Soils Engineering
SFA responds to the critical nature of proper building pad and site design as they apply to
proposed structures by anticipating potential problems and addressing them at the plan review
stage. Staff will review soils reports and verify implementation of their design recommendations
and parameters into the structural design of the building as part of the building plan review.
When subject to Flood Plain or Liquefaction Zone criteria, SFA will review for such compliance
when so directed by the City.
CAL Green
SFA has reviewed numerous buildings subject to the CAL Green requirements. SFA has a
LEER AP and a California Build it Green (CBIG) credentialed employee on staff.
Certified Access Specialist
SFA has two CASp Certified employees and as an extension of City staff, meet the City's
obligation to have at least one CASp available.
Additional Services
SFA will provide any additional services within the scope of our professional consulting
expertise, as needed, on an hourly basis. Building Official services will be charged at the rate of
$110.00 per hour.
Nc4btt .4 11,s*%.t4wintes, 111C.
Section 3 - MethoddlogyLAMroach
INTERNAL POLICIES AND PROCEDURES OF SFA
Office Hours
SFA's office hours are between 8:00 a.m. and 5:00 p.m. Monday through Friday during which
time SFA staff will be available for communication directly with the applicants. SFA has all
our staff in one office location which affords many quality control and communication
advantages.
Agency Information Sheet
This form is designed as a starting point for the plan checker to review prior to commencing each
project. It serves as a summary of items which may be unique or exclusive to each client such as
ordinance amendments, special policies or interpretations, plan routing preferences, contact
person(s) in agency, etc... This form is often backed up with other documents such as general
notes, ordinances, agency checklists or guidelines. This form can easily be updated at any time
by simply calling SFA.
Plan Transmittal
SFA will utilize the services of California Overnight for plan delivery purposes. This service
will be paid for by SFA. Pre -labeled mail bags are also provided so dispatching plans to SFA is
simple and convenient, If SFA is notified to pick up plans, arrangements are made to do so
within 24 hours.
When plans are completed they are stamped on every page, signed and forwarded by California
Overnight or courier with a transmittal form directly to the City. The plan transmittal procedure
used by SFA eliminates the possibility of the plans being tampered with when being forwarded
for permit issuance.
Computer Plan Check Log
Internal tracking is accomplished by a sophisticated computer software that allows for daily
tracking of status of each and every plan check and also gives SFA the workload of each
engineer. Incoming and outgoing plans are logged into the computer daily which allows us to
know the status of a project immediately. This program allows SFA to quickly answer applicants
who call wanting to know plan check status of projects. Many other reports are also available
and utilized by many of our clients. Reports that show the client all active plans for their City
and the status of each can be printed on a weekly basis to show the client the activity of their
projects. Weekly status reports are also printed for internal tracking of performance on
turnaround times.
Additionally, SFA has a Daily Scheduling Report which monitors each plan checker's workload
and plan due dates. This is an essential ingredient in meeting our turnaround times.
Naptt 17 melons & Asswllsltes, 1111C.
Section 3 - MethodoloUlApproach
Correction Lists
The plan review staff have a variety of correction lists, supplemental lists and guidelines for use
as deemed appropriate on each individual project. Should the City require use of their standard
correction lists, SFA can easily accommodate this by maintaining copies in our Agency
Correction List File and referencing their use on our Agency Information Sheet which all plan
check staff reference at the beginning of each review. A list of all required plan corrections will
be typed on SFA's correction lists and will be submittted to the City along with a transmittal
form. An electronic copy can also be forwarded to the City if requested.
When plans are completed, they are stamped on every page, signed and forwarded by UPS,
California Overnight or courier with a transmittal form directly to the City. The plan transmittal
procedure used by SFA eliminates the possibility of the plans being tampered with when being
forwarded for permit issuance.
Electronic plan review is available if the City finds it necessary to provide this service for the
design fin -ns.
Transmittal Form
SFA's Transmittal Form is tailored for use specifically with building plan checks. Besides
serving to document enclosures, it serves as a good communication tool to alert the permit
technician of a number of things which are critical at the pen -nit issuance stage. Some examples
are 1) when special inspection is required, 2) when another agency approval is necessary, 3)
if the building official was involved in an interpretation and should be given a chance to review
the project, and 4) if additional review fees are due as well as a number of other topics.
Questionnaire
SFA makes a Questionnaire available to each applicant with the initial plan check comments for
optional use after the plans are approved. This insures that the designer who worked with SFA is
given the opportunity to comment. This helps by soliciting feedback on the services provided by
SFA customers of the building departments which are entrusted to SFA. The comments received
are forwarded to the client agency. This process makes the plan checker aware that the company
values a professional attitude and sends a message to applicants that we care about providing
professional services, and lastly, it informs the client agency about the service level SFA is
providing.
SFA's goal is to provide consistent, timely and professional services geared to the needs of each
client agency. We want to be considered an extension of your agency's staff; not providing
generic services but services which are an integral component with our client's departmental
operations.
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Section 3 - MethodologyMpoproach
Timely Performance
SFA will strive to maintain efficient turnaround times on all reviews since this is largely a
measurement of our performance. It is one of the categories on our questionnaire which is given
to our applicants. The turnaround time indicated is the date by which the plans are to be received
back at the City.
The turnaround times will be as follows:
Initial Review 10 workdays
Rechecks 5 workdays
Very Large Projects As Agreed Upon With City
Every effort will be made to accommodate any fast track plan check schedules that might come
about in the City. Special scheduling needs or projects of unique scope would be as agreed upon
with the City. SFA prides ourselves on meeting the needs of our client agencies.
SFA will accommodate preliminary reviews to facilitate more on -track projects at the time of the
formal submittal for plan check when requested by the City staff. This will aid in timely
turnaround times as well as good public relations.
Quality Control
Quality control is achieved by internal policies and a philosophy which recognizes the benefits of
a work product that is recognized as professional, consistent, service-oriented, technically
accurate, and tailored to each client agency's needs. In addition to our listed policies and
procedures, SFA has instituted four internal practices: 1) Regular staff meetings with all plan
check staff; 2) Re -review of any plan checks of junior engineers during approximately their first
two years of employment as they move through the range of building types; and 3) Employ a
philosophy of retaining experienced staff.
Conflict of Interest
Reputation of the City's consultant reflects upon the City. In addition to technical and
administrative quality, the perception that the consultant is objective and free from any conflict
of interest is critical. Not only does SFA decline doing any private work within the jurisdiction
of Lake Elsinore, but we decline private, non -municipal work anywhere. Additionally, even our
plan check staff are prohibited from doing any work outside of their employment with SFA that
could cause a conflict of interest.
Kc-tbtt F'sixelm%,- & Aswiwintes, livic.
Section 3 - MethodologylApproach
Public Relations/City Representation
All representation with the public and other agencies relating to building plan review will be
made in a professional and courteous manner. Upon completion of initial plan reviews, the plans
are forwarded with a typed correction list to the City which is in accordance with City Policy.
Should the City desire that plans be forwarded directly to applicants, that is an alternate option.
SFA uses California Overnight and UPS for transmittal of plans to assure verifiable and prompt
delivery. SFA staff are available to answer questions which the applicant might have prior to
resubmittal. They are available by phone, e-mail, fax or in person as the need dictates.
Interaction with Applicants
To summarize, SFA's approach involves courtesy, responsiveness, communication, technical
thoroughness, convenience and follow-up on service level. Some specific illustrations are as
follows:
• When additional information is needed from applicants to complete the review,
applicants are contacted by phone to discuss best approach to facilitate a
complete/timely review.
• Meetings a City Hall or in the field may be attended by plan checker when
requested by the City.
• Communication regarding corrections is offered via FAX or e-mail.
• An Applicant Questionnaire will be sent after completion of each initial plan
check and any comments received are forwarded to the City.
• A customized Transmittal Form tailored exclusively for plan check is used to
enhance communication with the applicant and the City's permit technician.
• Prompt turnaround times as stated earlier in Proposal. Special circumstances and
requests will be given every effort to accommodate special/shorter time frame
scheduling needs.
• SFA maintains copies of all records to insure that misplaced documents by
applicants will not cause project delays.
• SFA has standardized checklists which can also be used by applicants as a good
design guide.
Preliminary reviews are available if applicant so requests through the City's
Representative.
Nicibift 1zt-ALais & Ass4wintes, 111C.
Section 3 - Methodolog3ylApproach
Code interpretations relating to items challenged by the applicants will be handled
by senior staff to achieve an agreeable solution or SFA will contact the City to
determine what the ruling and direction will be.
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Section 4 - Qualification, �.�x erience
PERSONNEL QUALIFICATIONS
All plan check staff are licensed professionals and have been performing comprehensive reviews
for a minimum of ten years. This enhances the review while establishing a single contact for the
applicants.
Principal
Scott R. Fazekas, President, SFA
Registered Architect, CA, C-019013, NCARB, Colorado, Nevada
30 years managing municipal building safety consulting services
42 years working in building safety divisions
Certified Building Official, I.C.C.
Certified Plans Examiner, I.C.C./Calbo
Certified Building Inspector, I.C.C./Calbo
Certified Access Specialist, CASp
Scott Fazekas, as Principal, 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 22 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 currently serves in the capacity of Building Official and stays abreast of changing
regulatory trends.
Associates
Ganesh Rao, Plan Check Engineer
Registered Structural Engineer, CA, S-4471
Certified Plans Examiner, I.C.C./Calbo
10 Years Design Experience
17 Years Plan Review Experience
Scott Farseltas & Asstwiaftx, litc.
Section 4 - Qualfflcatfons! Experience
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 joined SFA in 1998.
Vic Penera, Plan Check Engineer
Registered Structural Engineer, CA, 5-2083
24 Years Municipal Safety Departments
15 Years Private Municipal Consulting
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 joined SFA as a plan check engineer in
2000.
Brett Archibald, Plan Check Engineer
Registered Civil Engineer, CA
Certified Plans Examiner, I.C.C.
Certified Plumbing Inspector, IAPMO
Bachelor of Science in Civil Engineering, SDSU
Build It Green Certification, CA
Certified Access Specialist, CASA
13 Years Municipal Plan Review Experience
Brett Archibald has 13 years experience in residential and commercial plan review. Brett joined
SFA in 2002.
Peter Tang, Plan Check Engineer
Registered Professional Engineer, CA
Peter Tang has 10 years experience with SFA in residential and commercial plan review after
having spent 16 years in structural design. He joined SFA in 2005.
Nctott Fnzellui& 4AL Ass4oclatc-S, Ilic.
Section 4 - Qualifications/Experience
erfence
Scott Berry, Plan Check Engineer
Registered Professional Engineer, CA
7 Years Municipal Plan Review Experience
15 Years Design Engineer
Scott Berry joined SFA in 2013 after spending over seven (7) years in Anaheim as a plan check
engineer and later as plan check manager. He has had 15 years as a design engineer as well.
Russ Helmick, Electrical Plans Examiner
Russ Helmick provides specialized electrical plan review for all types of commercial and
industrial buildings. He worked as Chief Electrical Inspector with the City of Irvine and now
works for SFA reviewing electrical plans and consulting with the plan check staff on electrical
code. Russ also serves on NFPA code development and has taught electrical classes nationally
for both NFPA and local ICC chapters.
Included are resumes of staff which will be working on the City of Tustin projects.
Scott Fnxellw%., 4Z laic.
Section 4 - QualificationslExperience
SFAS EXPERIENCE
SFA currently provides building safety services for the following jurisdictions:
Arcadia
Tustin
San Fernando
Beaumont
Garden Grove
Santa Ana
Cathedral City
Norwalk
Ontario
Perris
Irvine
Palm Desert
Costa Mesa
Moreno Valley
Pasadena
La Habra Hts.
Lake Elsinore
San Clemente
SFA has performed tens of thousands of plan reviews 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. If additional information on plan
check references is desired, SFA will be glad to accommodate such a request.
Scutt I-Pasyseltais 4 A-t%xspcizltes, 111C.
Scott Faavcluss & 11saaN rotes, Is:c.
EDUCATION
Bachelor of Science in Architecture, California State Polytechnic University, 1980
Supplementary Structural Course Work, California State University, Fullerton, 1984
PROFESSIONAL REGISTRATION
Licensed Architect, California, Colorado, Nevada, NCARB
CERTIFICATION
LEED Accredited Professional, LEED
Certified Access Specialist, (CASp), DSA
Certified Building Official, I.C.C.
Certified Plans Examiner, I.C.C., C.B.C.
Certified Building Inspector, I.C.C., C.B.C.
EXPERIENCE
Mr. Fazekas is President of Scott Fazekas & Associates, Inc. (SFA) which provides building official,
building plan check and building inspection services to governmental agencies. He has interfaced
with architects, engineers, designers, contractors, plan checkers, inspectors, developers and building
owners to achieve code compliant building construction through the application of local, state, and
federal codes and regulations.
Mr. Fazekas has plan checked buildings which encompass the full spectrum of building types and
occupancy groups and has served as building official for fourteen jurisdictions through long term and
interim contract arrangements. He has also contributed to both the design and code enforcement
professions by regularly lecturing at code -related seminars and classes for Calbo and ICC. He served
six years on the American Institute of Architects Building Performance and Regulations Committee
where he as AIA's representative voted on the ANSI A117.1 Disabled Access Standards. He also
served four years on I.C.B.O.'s General Design/Structural Review Committee and on the Orange
Empire Chapter of I.C.B.O.'s Code Change Committee. He has served on the local Orange Empire
Chapter of ICCs Board and was President in 2005. He has served as both contract and interim
Building Official for 20 jurisdictions during his last 28 years in the private sector.
Mr. Fazekas has 44 years of progressive experience working in and for building departments. Prior
to starting SFA, he was employed by BSI Consultants, Inc. as a Senior Vice President and Division
Manager of the Building Safety Division. He was responsible for starting, developing and managing
the Building Safety Division for I I years. During that time he served as building official in
California and Washington jurisdictions and oversaw plan review services for more than one
hundred client agencies. He also founded and served as President of Employment Systems Inc.,
which was a corporation dedicated to municipal staffing needs. Before his term with BSI, he spent
13 years working for the building divisions in the Cities of Newport Beach and Costa Mesa where
he worked his way through all levels in the departments from clerk to permit technician, inspector
and plan check engineer.
PROFESSIONAL AFFILIATIONS
A.I.A., I.C.C., CALBO
Nic,4ott F-nzc1ni%., & As.%-4wisstes, litc.
GANESH A RAO
EDUCATION
Masters of Science in Civil Engineering
Brigham Young University, Provo, Utah
Bachelor of Science in Civil Engineering, Bangalore University, India
PROFESSIONAL REGISTRATION
Registered Structural Engineer in California
Registered Professional Engineer in California
Certified Plans Examiner, I.C.C.
EXPERIENCE
Mr. Rao has been a building plan check engineer in SFA's Irvine office since 1998. He reviews
both commercial and residential plans for compliance with model codes and local ordinances. He
has a total of 29 years of progressively involved engineering experience.
Prior to his employment with SFA, Mr. Rao has spent eight years in the design field with experience
in California, Nevada and Hawaii designing wood, steel concrete and post -tensioned low, mid and
high-rise structures. Occupancies which he has performed design work for have included retail,
medical, office resort, bridge, industrial, schools, parking structure and hanger facilities.
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, residential, tenant improvement, low to mid -rise, tilt -up warehouses, etc. Projects
included a three-dimensional finite element analysis of space frame for a mail 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 400 foot
latticed tower.
Nctbtt Famelcas & Ass4wintes, Wc.
VICTOR A. PENERA
EDUCATION
Bachelor of Science in Mechanical Engineering
California State University, San Diego 1968
Master of Science in Mechanical Engineering
University of Southern California, 1970
Supplementary Structural Course Work
California State University, Los Angeles, 1973-76
PROFESSIONAL REGISTRATION
Registered Structural Engineer, California 1976
Registered Professional Engineer, California 1971
EXPERIENCE
After completing 30 years of service with the City of Los Angeles, Mr. Penera retired in April, 2000
and immediately joined SFA as a member of its plan check engineering staff.
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.
PROFESSIONAL AFFILIATIONS
Structural Engineers Association of Southern California
American Society of Civil Engineers
International Conference of Building Officials
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PETER K. TANG
EDUCATION
Bachelor of Science in Engineering, California State Polytechnic University, 1994
PROFESSIONAL REGISTRATION
Licensed Civil Engineer, California, C-59691
EXPERIENCE
Mr. Tang has been a plan check engineer in SFA's Irvine office for 11 years. He reviews both
residential and commercial plans for compliance with model codes and ordinances. With a
background in forensic investigations on wood -framed structures, he is particularly well versed in
wood structures.
Over a sixteen year 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 prior to his employment with SFA.
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.
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; and the Casa Gateway Condos in Pacific Palisades,
a seismic evaluation of 3 -story homes.
Scott V nzclim, ..& Accocintcs, Wc.
10-93-0-6 n% aN Iffo I- U. -M 01
EDUCATION
Bachelor of Science in Civil Engineering, California State San Diego, 2002
Structural Emphasis in Course Work
CERTIFICATIONS
Registered Civil Engineer, California
Certified Plans Examiner, I.C.C.
Certified Mechanical Inspector, I.C.C.
Build It Green Certification, CA
Certified Access Specialist, DSA
EXPERIENCE
Mr. Archibald is one of SFA's professional staff in our Irvine office. He has 14 years of experience
with SFA reviewing both residential and commercial projects. He is assigned as liaison to the City
of La Habra Heights where he has set times to coordinate with City staff.
Mr. Archibald has experience in plan checking a variety of projects including single and multi-
family housing, tenant improvements, seismic retrofits, tilt -up warehouses, etc. These projects
involved structural systems such as wood framing, light gauge steel, moment frames, cantilever
columns, concrete and masonry.
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.
PROFESSIONAL AFFILIATIONS
International Code Council
American Society of Civil Engineers
Nc4ptt Fairselms Ass4wiatex, Isic.
SCOTT D. BEERY
EDUCATION
Bachelor of Science in Architectural (Structural) Engineering, California Polytechnic University, San
Luis'Obispo, CA
Associate of Science -Fire Technology, Santa Ana College, Santa Ana, CA
PROFESSIONAL REGISTRATION
Licensed Professional Civil Engineer, California
CERTIFICATION
Certified Plans Examiner, I.C.C., C.B.C.
EXPERIENCE
Mr. Beery has worked in the private design sector for eight years and he has 11 years 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.
Prior to Mr. Beery working at SFA, he was an Associate Engineer for over two years with the
County of San Diego Building Department. He then worked at the City of Anaheim for seven years
as a Senior Plans Examiner and Plan Check Supervisor. His latter experience involved management
duties and public interface with applicants as well as hands-on plan review.
At SFA, Mr. Beery provides comprehensive plan review services for all types of construction types
and occupancy groups.
Scgott 1-' nzelcns .& Asmwintes, lite.
RUSSELL J. HELMICK, JR.
EDUCATION
Associates Degree in Math, Santa Ana College, CA, 1962
K-14 Teaching Credential, UCLA, Los Angeles, CA
CERTIFICATION
Certified Building Official, I.C.C.
EXPERIENCE
Mr. Helmick currently provides specialized consulting electrical plan reivew for all types of
commercial and industrial buildings for SFA. He is responsible for reviewing electrical plans for
various municipalities and consults with staff on electrical code.
Prior to joining SFA, Mr. Helmick was an Inspection Supervisor and Chief Electrical Inspector with
the City of Irvine. in his thirty years with the City, he supervised and trained a team of electrical
inspectors; performed difficult, special and complex inspections; and resolved complaints and
disputes. He was available to interpret code to laymen, contractors, architects and others as
necessary.
During his tenure with the City of Irvine, Mr. Helmick was an instructor at Saddleback Community
College for twenty years teaching electrical code and inspection; building code and law; Contractor's
License Law, Construction Inspection and Energy Management. He has taught electrical seminars
for IAEI and ICBO since 1991. He also serves on NFPA's Electrical Code Development Committee.
PROFESSIONAL AFFILIATIONS
National Fire Protection Agency (NFPA)
International Association of Electrical Inspectors (IAEI)
International Council of Building Officials (ICC)
Underwriter's Laboratory (U/L)
American Public Works Association (APWA)
,%.'c4Ptt Famelats & Associates, IsIc.
Section 5 - References
SFA currently provides building plan review services for the following agencies and SFA
encourages the City to contact these agencies regarding our work performance.
Agency: CITY OF ARCADIA
Reference: Don Stockham, Building Official
(626) 574-5420
Service: Plan Review
Agency: CITY OF BEAUMONT
Reference: Keith Hightower, Building Official
(951) 769-8517
Service: Plan Review
Agency: CITY OF CATHEDRAL CITY
Reference: Albert Jimenez, Building Official
(760) 202-2405
Service: Plan Review
Agency: CITY OF COSTA MESA
Reference: Khanh Nguyen, P.E., CBO, Building Official
(714) 754-5604
Agency: CITY OF GARDEN GROVE
Reference: Bill Tewfik, Building Official
(714) 741-5343
Service: Plan Review
Agency: CITY OF IRVINE
Reference: Joe Kirkpatrick, S.E., Building Official
(949) 724-6420
Services: Plan Review
Agency: CITY OF LA HABRA HEIGHTS
Reference: Tom Robinson, Interim City Manager
(562) 694-6302, #227
Service: Plan Review, Building Official
Agency: CITY OF LAKE ELSINORE
Reference: Bill Belvin, Building Official
(951) 674-3124, #226
Service: Plan Review
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Section 5 - References
Agency: CITY OF NORWALK
Reference: Tony Weimholt, CBO, Building Official
(310) 929-5739
Service: Plan Review
Agency: CITY OF ONTARIO
Reference: Kevin Shear, CBO, Building Official
(909) 391-2546 ext. 4330
Service: Plan Review
Agency: CITY OF PALM DESERT
Reference: Mr. Russell Grance, Building Official
(760) 776-6420
Service: Plan Review
Agency: CITY OF PASADENA
Reference: Sarkis Nazerian, CBO, Building Official
(626) 744-7571
Service: Plan Review
Agency: CITY OF PERIUS
Reference: Dave Martinez, Building Official
(951) 433-1029 ext. 228
Service: Plan Review
Agency: CITY OF SAN FERNANDO
Reference: Francisco Villalva, Building Official
(818) 898-1231
Service: Plan Review
Agency: CITY OF SANTA ANA
Reference: Gerald Caraig, P.E., C.B.O. Building Official
(714) 647-5896
Service: Plan Review
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Section 6 - Proposed Fees
PLAN REVIEW
The traditional approach in proposing building plan check fees is to apply a percentagVO4
revenue collected by the agency for plan review fees. Using the City's Fee Sched , SFA
proposes to charge eighty percent (80%) of the established plan check fee. will also do
accellerated plan reviews for the same percentage of the City's incre fee charged to the
applicants.
If SFA is reviewing duplicate or identical plans o project, the proposed fee is fifteen percent
(15%) of the plan review fee collected after initial model is checked at the prescribed rate.
SFA will not charge for rechec nless the plans are incomplete, revised or beyond the third
recheck for which the Ci ould collect additional fees from the applicant as well. The City
would then have t rids to reimburse SFA. Additional services outside the main scope of
review wou a charged at a rate of $110.00 per hour or as mutually agreed upon based on the
sala a of the employees. Building Official services are proposed for $110.00 per hour.
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INSURANCE
Insurance is provided in the following amounts:
a. General Liability
b. Workers Compensation $1,000,000
C. Automobile
d. Professional Liability $1,000,000
A copy of the listed coverages will be provided to the City upon request of same.
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Attachment 2
Scope of Services
The following is the itemized scope of services which the consultant is expected to perform
as a part of this Agreement.
The Building Division of the Tustin Community Development Department provides
comprehensive Plan Checking and Building Inspection services for building
improvements proposed by private or public applicants/owners that includes, but is not
limited to the following:
Plan Check Assistance: The City may select more than one firm to perform the
requested services with plan check submittals assigned to the consultant from
the approved list in a rotational manner. The Consultant shall review plans,
calculations, reports and specifications for compliance with the most recently
enacted rules and regulations as adopted by the Federal, State and local
legislative bodies. The selected consultant shall provide transportation from
his/her place of business to the City for pick-up (within 24 hours of notification by
the City) and delivery of plans for the first check and all rechecks unless the City
approves an alternative delivery method. The standard turn -around time for
assigned plan reviews shall be 10 (ten) working days for the initial review and 5
(five) working days for rechecks unless otherwise directed by the City (not
including designated/approved holidays when City Hall is closed). This
turnaround time should be measured from the time a plan is received and sent
back with complete comments. When authorized by the City and agreed to by the
consultant, developer -initiated expedited plan check may be accommodated and
shall be compensated at a rate not to exceed 1 1/2 times the agreed upon hourly
rate. Plan review letter comments shall be specific, detailed, complete, and
reference plan sheet numbers and code sections where applicable. Contractor
shall agree to attend meetings at City Hall or a particular job site when needed to
resolve plan check matters or questions, but is encouraged to work directly by
telephone or email with the project's applicant, engineer/architect or City of
Tustin staff when reviewing submitted plans or subsequent corrections (provided
that City Building staff are informed as to any substantive content of these
conversations). Review shall be performed by a professional that is
registered/licensed in the State of California to perform work within their
respective field of competency. Two copies of the plan check correction list shall
be provided to the City for each project reviewed. All plan check services shall
be performed by or under the responsible charge of a California licensed
professional eligible to prepare and sign such plans.
Inspections: Consultant upon request of the City shall provide ICC or Other
Certified and experienced contractors to conduct inspections of all phases of
construction for compliance with approved plans and all applicable codes and
City Ordinances including but not limited to those relating to structural integrity,
fire and life safety, electrical, plumbing, heating and air conditioning, as well as
energy conservation, handicapped access, grading and site work. Contract
inspection services could also include enforcement of compliance with conditions
180912.1 12
Comm.Dev. CA 2/2004
of approval, and the requirements set forth on the plans for which the permit was
issued. At the request of the City, and upon the availability of the consultant,
building inspection may be performed after hours at a rate not to exceed 1 1/2
times the agreed upon hourly rate. In addition, building inspectors are required
to perform after-hours stand-by emergency response in the event of fires,
accidents, etc. Currently, contract inspectors participate in this role on a
rotational basis with City staff members and are compensated at a rate of two (2)
hours of overtime compensation (time and one-half) for any call (fifteen (15) or
more minutes beyond the end of their shift) which requires them to return to duty.
Call Back Pay begins when an employee returns to work and does not include
travel time. Standby Duty shall be compensated at the rate of one (1) hour of
straight -time compensation for each eight (8) hours of such duty. Such
compensation on Holidays (including the holiday closure) shall be at the rate of
two (2) hours of straight -time compensation for each eight (8) hours of Standby
Duty. Call Back or Stand-by pay does not apply to regular or pre -scheduled
work.
Optional Contract Services: Periodically, the Community Development
Department may meet unexpected or temporary, project or Department -specific
requirements through contract services provided by the proponent firm in the
following areas on an hourly -rate basis.
Plans Examiner
Senior Plans Examiner
Plan Check Engineer
Building Inspector
Senior Building Inspector
Grading Inspector
Fire Inspector
Permit Counter Technician
Certified Accessibility Specialist
Building Official
Deputy Building Official
Code Enforcement Officer
Assistant Planner
Associate Planner
Senior Planner
Office Assistant
Others as Requested
The proponent shall identify hourly rate ranges for each of the above
responsibilities that could be relied upon during the contract period should the
need arise to utilize such services.
180912.1 13
Comm.Dev, CA 2/2004
1. That Section 1.8 shall be added to read:
1.8 Conflict of Interest. In order to assure City that Consultant is not subject to any
conflict of interest, Consultant affirms that while Agreement is in effect, neither
Consultant nor any of its officers or employees will accept private work from or provide
services for any company whose project Consultant is plan checking or inspecting for
City. Consultant shall not accept a project from City if the project owner or applicant is
a client of Consultant or its officers or employees. If either City of Consultant thinks
there may be a conflict of interest involving any project, Consultant shall immediately
return plans or remove inspector from project. In the event of uncertainty about
whether a potential conflict of interest exists, Consultant shall advise Contract Officer
whose decision shall be final.
180912.1 14
Comm.Dev. CA 2/2004
EXHIBIT "C"
SCHEDULE OF COMPENSATION and PERSONNEL HOURLY RATES
Rate Table*
Item
Fee
Full Plan Review
Duplicate plan review (Tract Housing)
MEPS Review
Structural Plan review
Project Manager
Certified Plan review
Structural Plan review/Structural Engineer
Structural Plan review/Professional Engineer
Certified Commercial Building Inspector
Building Inspector 11
Certified Building Inspector
Grading Inspector
Fire Inspector
Permit Technician
CASp Consultation/inspection
Building Official
Deputy Building Official
Code Enforcement Officer
Principal Planner
Senior Planner
Associate Planner
Assistant Planner
Office Assistant
Planning Technician/Aide
Overtime
Annual Adjustment w/Agreement
< $1 Mil. = 70%
= $1 -$5 Mi 1. = 60%
> $5 Mil. = 50%
15% City Fee
35%® Bldg. Plan
Check Fee or
75%of MEP Plan
Check Fees
40% Bldg. Plan
Check Fee
$ 140.00
$ 100.00
$ 125.00
$ 110.00
$ 95.00
$ 95.00
$ 85.00
$ 95.00
90.00
$ 65.00
$ 110.00
$ 140.00
$
130.00
$ 85.00
$ 125.00
$ 110.00
$
95.00
$ 85.00
$ 50.00
$ 50.00
1.5X Hourly Rate
Yes
* With mutual agreement by the Community Development and the Consultant, these fees may be modified to reflect City plan
check and permit fee schedule revisions adopted by the Tustin City Council, as well as periodic cost of living increases.
180912.1 15
Comm.Dev. CA 2/2004
GENERAL CONDITIONS
1. The schedule of performance identified in the Scope of Services (Exhibit A) shall
be complied with.
2. Consultant shall comply with all existing state and federal labor laws including
those applicable to equal opportunity employment provisions. No discrimination
shall be made in the employment of persons because of the race, color, or
religion of such persons and every bidder in violation of this section is subject to
all penalties imposed for a violation of Chapter 1 of Part VII, Division 2 of the
Labor Code, in accordance with the provisions of Section 1753 thereof.
3. Consultant shall have in full force and affect all licenses, certifications and
permits required by all applicable laws.
4. Consultant shall obtain and continuously hold a City of Tustin Business License
during the term of the contract.
5. Consultant shall at all times provide services with the utmost respect to the
public.
6. All employees of Consultant shall wear clean clothing in the performance of their
duties and equipment shall be cleaned and maintained in a safe operating
manner. All equipment shall be subject to inspection by the City at any time. All
Consultant personnel shall wear appropriate safety gear at all times while
working in the City. Consultant shall provide satisfactory warning devices that
meet the requirements of the California Occupational Safety and Health Act (Cal -
OSHA) for protection of workers when and where required at all times in the
performance of this contract.
7. Consultant, its agents, and employees shall comply with all laws, ordinances,
rules and regulations of the federal and state governments, the County of
Orange, the City of Tustin and all governing bodies having jurisdiction applying to
work done under the agreement.
8. The City reserves the right to negotiate special requirements and proposed
service levels using the selected proposal as a basis. Compensation for such
services will be negotiated with the Consultant.
9. Consultant shall not sublet any portion of the agreement with the City without the
express written permission of the Community Development Director or
designated representative.
180912,1 16
Comm.Dev, CA 212004
1O.The City reserves the right to review and approve the qualifications of
subcontracting firms or persons. Substitutions that are not approved are
considered sufficient grounds for termination of contract.
11. The City, or any of its duly authorized representatives, shall have access to and
the right to examine, audit, excerpt, copy or transcribe any pertinent transaction,
activity, time and work records, employment records or other records relating to
personnel employed by the Consultant. Such material, including all pertinent cost
accounting, financial records and proprietary data, will be kept and maintained by
the Consultant for a period of at least four years after completion of a
Consultant's performance unless the City's written permission is given to dispose
of same prior to that time.
12.All documents, records, designs, and specifications developed during the
contract period by the Consultant in the course of providing the contracted
services to shall be the property of the City. Anything considered to be
proprietary should be so designated by the proponent.
180912.1 17
Comm.Dev. CA 2/2004