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HomeMy WebLinkAboutCSG Consultants, Inc - 2007-11-01s JCONTRACTS SUBMITTAL TO CITY CLERK'S OFFICE To JOAN FLYNN, City Clerk Name of Contractor CSG Consultants, Inc Purpose of Contract For Example Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park Plan Review Services Amount of Contract $25,000 00 Copy of contract distributed to The original insurance certificate/waiver distributed to Risk Management ❑ Initiating Dept ❑ Finance Dept ❑ ORIGINAL bonds sent to Treasurer ❑ Date l l �j 10:7 a e xt nsion City Attorney s Office X; 9/-30/0e G AttyMisc/Contract Forms/City Clerk Transmittal PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND r-5G CQNSULTi;tNIS NC FOR � L'A 1�! 'REV 1 Eve S ENV �C�S THIS AGREEMENT ("Agreement") is made and entered into this ( � day of �JOWAIJ"*- 20 0, by and between the City of Huntington Beach, a municipal corporation of the State of California hereinafter referred to as "CITY, and CSG , a Cf QF09,1NkMA Cd%21P0VZR-r100 hereinafter referred to as "CONSULTANT " WHEREAS, CITY desires to engage the services of a consultant to PE\RF0Q,M 'PLAN 9"e\)mw SEqQQtCt5s , and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3 03 relating to procurement of professional service contracts have been complied with, and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows I SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference These services shall sometimes hereinafter be referred to as the "PROJECT " CONSULTANT hereby designates �<No4 who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement agree/forms/profservl0/15/01 A I 2 CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement 3 TERM, TIME OF PERFORMANCE Time is of the essence of this Agreement The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement by CITY (the "Commencement Date") This Agreement shall expire on SFi°-' 3o ,unless sooner terminated as provided herein All tasks specified in Exhibit "A" shall be completed no later than Sc' i 50-, '10*8 from the Commencement Date of this Agreement These times may be extended with the written permission of CITY The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A " This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT 4 COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee including all costs and expenses, not to exceed PwiE \\Aou-SAv-D Dollars($ `�LS CCO °� ) 5 EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY Additional agree/forms/profservl0/15/O1 A 2 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained 6 METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B " 7 DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first These materials may be used by CITY as it sees fit 8 HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY CONSULTANT will conduct all defense at its sole cost and expense and CITY shall agree/forms/profservl0/15/01 A 3 approve selection of CONSULTANT's counsel This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT 9 PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000 00) per occurrence and in the aggregate The above - mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY A claims -made policy shall be acceptable if the policy further provides that A The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements) B CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement agree/forms/profservl0/15/01 A 4 10 CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement, the certificate shall A provide the name and policy number of each carrier and policy B shall state that the policy is currently in force, and C shall promise that such policy shall not be suspended, voided or canceled by either parry, reduced in coverage or in limits except after thirty (30) days' prior written notice, however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required 11 INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herem and not as an employee of CITY CONSULTANT shall secure at its own cost and expense, and be responsible for any and agree/forms/profservl0/15/01 A 5 J all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder 12 TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein In the event of termination, all finished and unfinished documents, exhibits report and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT 13 ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 heremabove 14 COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement agree/forms/profservl0/15/01 A 6 15 CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code 16 NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other parry via personal delivery, a reputable overnight carrier or U S certified mall -return receipt requested TO CITY City of Huntington Beach ATTN Roes CO3Ao m 2000 Main Street Huntington Beach, CA 92648 17 CONSENT TO CONSULTANT CGG CONSuI. 1�5�Trj �NC ATTTW 1 S 1 \'�,A bus "D9, STD C- -� 00 COSTR ME5R, Cf) When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event agree/forms/profservl0/15/01 A 7 18 MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties 19 SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement 20 INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning and not strictly for or against any of the parties If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement No covenant or provision shall be deemed dependent upon any other unless so expressly provided here As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires Nothing contained herein shall be construed so as to require the commission of any act contrary to law and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement agree/forms/profservl0/15/01 A 8 which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law 21 DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original Each duplicate original shall be deemed an original instrument as against any party who has signed it 22 IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification 23 LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY, and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT 24 ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, agree/forms/profserv10/15/O1 A 9 each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing parry 25 SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive 26 GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California 27 ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that parry has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supercede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof agree/forms/profservl0/15/01 A 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written CONSULTANT, (- GG C d Msv,L-TPfKr5 f INC- f � By 1 ,} F 1 &-O print nam ITS (circle one) Chanm t!� ice President AND (I - -':� p A� �' ��' - By print name ITS �circle one) Secretary/Chief Financial Officer sst Secret ary — Treasurer agree/forms/profservl0/15/01 A 11 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California —Z-w,-, 1--) 0 Director of ?outLO►rz�,, i. S5)Fr--T1' (Pursuant To HBMC §3 03100) APPROVED AS TO FORM f-k'"t- I I (I tri City Attorney t o '� X REVIEWED City Adinmistrator (only for contracts &, 000 00 and over) EXHIBIT "A" A STATEMENT OF WORK (Narrative of work to be performed) Perform traditional plan review of submitted plans to determine compliance with construction codes as adopted and amended by the City of Huntington Beach including Building Code Plumbing Code Mechanical Code National Electric Code California State Title 24 Noise Attenuation and local requirements Federal Flood Plan Regulations (FEMA) B CONSULTANT'S DUTIES AND RESPONSIBILITIES 1 CSG shall pay all wages to its plan reviewers who are subject to this agreement C CITY'S DUTIES AND RESPONSIBILITIES 1 City shall quality control calculations returned by CSG D WORK PROGRAM/PROJECT SCHEDULE, 1 City to provide plans for plan review on an as need basis jmp/contracts group/exA/10/25/07 EXHIBIT "B" Payment Schedule I Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for CITY or as otherwise arranged with CITY 2 CONSULTANT shall be entitled to a full payment towards the fixed fee set forth herein in accordance with the following CONSULTANT'S fees for plan review services shall be based upon 70% of the building permit fee collected as adopted by City Ordinance 3 Delivery of work product A copy of every memorandum letter, report calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks In the event CITY rejects or has comments on any such product CITY shall identify specific requirements for satisfactory completion 4 CONSULTANT shall submit to CITY an invoice for each progress payment due Such invoice shall 1) Reference this Agreement 2) Describe the services performed 3) Show the total amount of the payment due, 4) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement, and 5) For all payments include an estimate of the percentage of work completed Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY Such approval shall not be unreasonably withheld If CITY does not approve an invoice CITY shall notify CONSULTANT in writing of the reasons for non approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein 5 Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY Such invoice shall contain all of the information required above and in addition shall list the hours expended and hourly rate charged for such time Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate Such approval shall not be unreasonably withheld Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement jmp/contracts group/exB 1/10/26/07 Client# 51194 CSGCONS TM CERTIFICATE OF LIABILITY INSURANCE 1DATE 21111MIDDlYY) 2/11/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HRH Professional Practice ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE aurance Brokers Inc HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 265 Bullard #101 Fresno CA 93704 1706 INSURERS AFFORDING COVERAGE INSURED CSG Consultants Inc 1700 S Amphiett Blvd, 3rd FI INSURER A- Fidelity and Guaranty Insurance Undw INSURER B Ace American Insurance Company INSURER c Hartford Fire Insurance Co San Mateo CA 94402 2527 INSURER a INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMMIDDEM POLICY EXPIRATION LIMITS A GENERALLIABILITY SK02164407 12/04/06 12104/07 EACH OCCURRENCE $1000,000 FIRE DAMAGE Ww one AM) $500000 X COMMERCIAL GENERAL LIA13ILITY CLAIMS MADE a OCCUR MEO EXP (Any one person) $10 000 PERSONAL A ADV INJURY $1 000 000 GENERAL AGGREGATE E2 000 000 ,..E'N'.L AGGREGATE LIM IT APPLIES PE R PRODUCTS COMPIOPAGG s2,000,000 POLICY X PRO El LOC C AUTOMOBUE LIABRM X ANYAUTo 51 UENIZ2588 12/04/06 12/04/07 COMBINED SINGLE LIMIT (Ea accident) $1 000 000 BODILY INJURY {Perperson) s ALL OWNED AUTOS SCHEDULED AUTOS V"EFQRM WE BODILY INJURY (Peracddant) $ X HIRED AUTOS XNON-0WNEDAUTOS WAttone-7 tt77 PROPERTY DAMAGE (Peraoddenl) $ X IDrive Other Car 1 GARAGE LIABILITY AUTOONLY EAACCIDENT S OTHERTHAN EAACC AUTO ONLY AGG $ ANY AUTO $ A EXCESS UAB1LnY BK02164407 12104106 12/04107 EACH OCCURRENCE $3 000 000 X OCCUR CLAIMS MADE AGGREGATE s3,000,000 S i DEDUCTIBLE S RETENTION $ITH WORKERS COMPENSATION AND WC STATU EB E L EACH ACCIDENT $ EMPLOYERS UABEM E.LDISEASE EAEMPLOYEE $ EL DISEASE POLICY LIMIT S B OTHER rofessional ilabillty$2 G21680072002 12/04/06 12/04/07 $1,000,000 Per Claim 000,000 Agaregate DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCUISI0149 ADDED BY ENDORSEMENTISPECIAL PROVISIONS ALL OPERATIONS INCL BUT NOT LTD TO ENCROACH PERMIT APPLICATION CITY OF HUNTINGTON ITS AGENTS OFFICERS AND EMPLOYEES ARE NAMED AS ADDITIONAL INSUREDS ON GEN LIAB POLICY -SEE ATTACHED ENDORSEMENT CITY OF HUNTINGTON BEACH 2000 MAIN ST HUNTINGTON BEACH CA 92648 ACORD 25-8 (7/97)1 of 2 #M372724 zROULD ANYOFTHEABOVE DESCRIBED POLICIES BECANCELiED BEFORETHEEXPIRAnoti DATE THEREOF THE ISSUING INSURER WWAWfUMM TO MAIL 30_DAYSWRrTEN NOTICETOTHE CERTIFICATE HOLOERNAMED TOTHE LEFTAtUXW8W99XM0Q=X Y O ACORD CORPORATION 1988 Professional Service Contracts Purchasing Certification I Date 10/24/2007 2 Department Building and Safety OCT 2007 3 Requested by Jan Richards tington 4 Name of consultant CSG Consultants Inc �idety Attorneys Office Beach 5 Attach the written statement of the specification conditions and other requirements for the requested services provided to solicited consultants Attached 6 Amount of the contract $25 000 7 Are sufficient funds available to fund this contract?' ® Yes ❑ No 8 Is this contract generally described on the list of professional service contracts approved by the City Council?' ® Yes ❑ No 9 Company number and object code where funds are budgeted 10055301 10 Is this contract less than $50 000? ® Yes ❑ No 11 Does this contract fall within $50 000 and $100 000? ❑ Yes ® No 12 Is this contract over $100 000? ❑ Yes ® No (Note Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk Make sure the appropriate signature page is attached to contract ) 13 Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 14 Attach list of consultants from whom proposals were requested (including a contact telephone number) Attached 15 Attach proposed scope of work Attached 16 Attach proposed payment schedule Attached L L) Department Head Signature 1 If the answer to this question is No the contract will require approval from the City Council Proposals for Plan Review Services SFA Inc 19 Corporate, Ste 200 Irvine CA 92606-0000 949/475-2901 EsGil Corp 9320 Chesepeke Drive Ste 208 San Diego, CA 92123 858/560-1468 CSG Enterprises Inc 151 Kalmas Drive Ste C-200 Costa Mesa, CA 92626 714/444-9592 Plan Check 70% of the building permit fee calculated per Table 3A of the 1991 Administrative Code None Available 70% of the building plan review fee collected by the City CITY OF HUNTINGTON BEACH Inter Office Communication 1 0 D Building and Safety Department �al�ob TO Rick Amadril, Central Services Manager FROM Gerald Caraig Acting Director of Building & fety DATE October 18, 2006 SUBJECT SELECTION OF VENDOR Per a meeting with Jennifer McGrath, Ross Cranmer, and yourself, it was agreed that professional services contracts for plan review and inspection services be prepared for $100,000 It was further agreed that the Building & Safety Department would prepare a RCA for an amendment to the contracts for the full budgeted amount in the next couple of months Subsequent to that meeting, Request for Proposals for Plan Review and Inspection Services were mailed to firms in the building industry The breakdown of their quotations is as follows Scott Fazekas Associates, Inc 9 Corporate Park, Ste 200 Irvine, CA 92606 949/475-2901 CSG Consultants, Inc 151 Kalmus Drive, Ste C-200 Costa Mesa, CA 92626 714/444-9595 EsGil Corporation 9320 Chesepeake Dr, Ste San Diego, CA 92123 858/560-1468 PLAN REVIEW 70% of the building permit fee calculated per Table 3A of the 1991 Administrative Code 70% of the building permit fee collected as adopted by City Ordinance 45% of the building permit fee calculated 208 per the table identified in proposal as Enclosure 4 Scott Fazekas Associates, Inc CSG Consultants, Inc EsGil Corporation INSPECTION SERVICES $40 77 to $50 12 per hour $60 per hour No Response The three firms are competitive in cost, experience and staffing, however to maintain continuity, I would recommend Scott Fazekas Associates, Inc be awarded the contracts