HomeMy WebLinkAboutSCOTT FAZEKAS & ASSOC - 2001-10-01 • •
„� CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCILI
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: October 10, 2001
TO: Scott Fazekas & Associates, Inc. ATTENTION: Scott Fazekas
Name - — —
9 Corporate Park, Suite 200 DEPARTMENT:
Street
Irvine. CA 92606 REGARDING: (1) Plan Review
City,State,Zip
Services (2) Staffing Services
See Attached Action Agenda Item E-10 Date of Approval 10/01/01
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page x Agreement 2 x Bonds Insurance x
RCA Deed Other
CC: R. Cranmer Building x 2.x x
Dame Department RCA Agreement Insurance Other
D. Gilbert Building x 9—x x
Tame Department RCA Ag;eenen: Insurance Other
Name Department RCA Ageemert Insurance Other
Dame Department RCA Agm-ic Insurance Other
C. Mendoza Risk Mgmt. x x
Name Department RCA Insurance
(Telephone_714.536-52271
K NIA
CITY OF HUNTINGTON BEAC j
MEETING DATE: October 1, 2001 DEPARTMENT ID NUMBER:BD 2001-04
Council/Agency Meeting Held:
Deferred/Continued to:
?�6�pov�ed ❑ Conditio ally proved Denied p-9-Q IerlSignature
Council Meeting Date: October 1, 2001 Department ID Number: BD 2001-04
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE AND CITY COUNCIL MEMBERS CDC).-`
rnM -
SUBMITTED BY: RAY SILVER, City Administrator
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PREPARED BY: ROSS CRANMER, Director of Building & Safety .--j
SUBJECT: APPROVE TWO PROFESSIONAL SERVICE CONTRACTS WITH
SFA, INC. TO PROVIDE PROFESSIONAL PLAN REVIEW AND
STAFFING SERVICES
Statement of Issue,Funding Source,Recommended Action,Alternative Actlon(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue:
Transmitted for City Council's consideration is a request to enter into two Professional
Services Contracts with Scott Fazekas & Associates, Inc. to provide both professional plan
review and staffing services.
Funding Source:
Department of Building and Safety, Contract Services 10055201.69365 for $355,000 and
10055301.69365 for$45,000.
Recommended Action:
Motion to:
1. "Approve and authorize the Mayor and City Clerk to execute the Professional
Services Contract between the City of Huntington Beach and Scott Fazekas
Associates, Inc. for Plan Review Services. "
G:1Building Admin\RCA'S1BD 2001-04 Staffing Serv.DOT 4- 9121/01 2:09 PM
REQUEST FOR ACTION
MEETING DATE: October 1, 2001 DEPARTMENT ID NUMBER:BD 2001-04
2. "Approve and authorize the Mayor and City Clerk to execute the Professional
Services Contract between the City of Huntington Beach and Scott Fazekas
Associates, Inc. for Staffing Services. "
3. "Approve the waiver modifications for the Plan Review and Staffing Service
contracts as recommended by the Settlement Committee."
Alternative Action(s):
The City Council may make the following motion:
1. "Deny the Professional Services Contracts between the City and SFA, Inc."
2. "Continue the item and direct staff accordingly."
Analysis:
The Building and Safety Department staffs the building counter, performs health and safety
plan reviews and provides customer friendly inspection services for our community. The
applicants who submit projects to the City pay fees for these services and expect reasonable
service levels. The demand for these services varies due to the fluctuations in construction
activity.
The ability of the Building and Safety Department to provide counter, plan review and
inspection services continue to be hampered by the substantial increase in construction
activity. This increase in activity is primarily due to new residential construction in the PCL
development area and large commercial projects in remaining open areas. We have been
utilizing contract services to satisfy the increase in demand for both plan review and staffing
services.
As in the past, the cost for providing the plan review services is calculated as a percentage of
the fees we collect. The percentages that most firms charge varies from 60% to 65% of the
building permit fee. Municipal Code Chapter 3.03 requires proposals from at least three
firms. Attachment No. 3 summarizes the three (3) proposals for this service and is the least
expensive of the three firms. SFA is well respected in the industry and continues to provide
exceptional services for the City of Huntington Beach. SFA also works exclusively for
government agencies thus they avoid having any conflict of interest with private developers.
In contrast to plan review, our other service needs cannot be provided away from City Hall.
As noted, we continue to utilize SFA, Inc., to provide leased staff in City Hall to perform
counter, inspection and miscellaneous services. This service is cost effective since the
hourly rates are substantially lower than contract professional services and the City is not
obligated to maintain peak staffing when the construction activity declines.
3-
GABuilding Admin\RCA'S1BD 2001-04 Staffing Serv.DOT -0- 9121101 1:57 PM
REQUEST FOR ACTION
MEETING DATE: October 1, 2001 DEPARTMENT ID NUMBER:BD 2001-04
Environmental Status: NA
Attachment(s):
City Clerk's
r . . - Number No. Description
1. Contract with SFA, Inc. for Plan Review Services
2. Contract with SFA, Inc. for Staffing Services
3. Summary of Proposals for Plan Review Services.
4. Current Approved Insurance Certificates.
5. Settlement Committee Waivers
RCA Author. DRG
G:IBuilding Admin\RCA'S1BD 2001-04 Staffing Serv.DOT 9120/01 1:20 PM
ATTACHMENT 1
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SCOTT FAZEKAS ASSOCIATES, INC.
FOR PLAN REVIEW SERVICES
THIS AGREEMENT is made and entered into this 1st day of October ,
2001,by and between the City of Huntington Beach, a municipal corporation of the State of
California, hereinafter referred to as "CITY," and Scott Fazekas Associates, Inc., a California
corporation, hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to employ the services of a consultant to provide plan review
services involving ministerial code review for proposed building construction plans; and
CITY desires to implement a high level of professional and technical plan review
services at a cost less than the fees paid by the permit applicants; and
CITY wishes to avoid conflict of interest problems by contracting with a corporation that
performs no work for the private sector and provides services exclusively to government entities;
and
CITY wishes to contract with a firm presently successfully providing plan review
services to government agencies; and
CONSULTANT's plan review engineers, supervisors and managers are all highly
credentialed engineers with many years of regulatory plan review experience; and
CONSULTANT is willing to enter into a contract with the CITY to provide plan review
services to the CITY in accordance with this contract; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
Huntin ton Beach Munici al Code Chapter 3.03 relating to procurement of professional service
contracts has been complied with; and
CONSULTANT has been selected to perform said services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. DESIGNATION OF CONTRACTOR
CONSULTANT hereby agrees to provide professional services for the review of
proposed building plans for conformance to regulations contained in the state mandated building,
plumbing, mechanical and electrical codes, as those codes are adopted by the CITY; to perform
additional work when requested by CITY; and to perform all of the above described work in
accordance with the terns and conditions hereinafter set forth, when requested by the Building
Official or his designated representative.
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2. CONFLICT OF INTEREST
CONSULTANT expressly affirms that it nor any of its officers or directors will
perform work or provide services to entities other than government entities during the time this
Agreement is in force in order to insure the CITY that the CONSULTANT will not have a
conflict of interest in discharging the work covered by this Agreement.
3. WORK TO BE PERFORMED BY CONSULTANT AND
COMPENSATION
A. Plan Review Services Scope of Work. CONSULTANT shall:
1. Perform traditional preliminary plan review consultations in its
main office by meetings or by telephone.
2. Perform traditional initial plan review of submitted plans to
determine compliance with construction codes as adopted and
amended by CITY, including:
Building Code
Plumbine Code
Mechanical Code
National Electrical Code
California State, Title 24 (Energy Conservation; and
Disabled Access)
Noise Attenuation and local requirements
Federal Flood Plain Regulations (FEMA)
3. Provide the applicant's designee and the CITY a list of items
needing clarification or change to achieve conformance with the
above regulations.
4. Perform all necessary liaison with the applicant's designee, by
telephone, fax, mail or meeting in its main office, and perform all
necessary rechecks to achieve conformance to the regulations.
5. Perform all necessary liaison with the Building Official or his
designee, by mail, telephone, fax or its main office, to insure
compliance with the Uniform Administrative Code as adopted by
CITY and to insure compliance with local policy interpretations.
6. Perform plan reviews of revisions to plans that have previously
been approved for permit issuance.
7. Perform extra work when requested in writing by CITY.
S. Attend meetings related to proposed building projects at the
request of the Building Official at locations other than its office.
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B. Compensation for Plan Review Services
1. Compensation for each plan reviewed pursuant to this Agreement
shall be 60% of the building permit fee calculated per Table 3A of
the 1991 Uniform Administrative Code for each building plan
checked. The construction valuation shall be based on the most
recent valuation multiplier published by the International
Conference of Building Officials in Building Standards as adopted
by CITY or on the architect's estimated construction cost, or on the
Building Official's cost estimate. The value shall include a
proposed construction as defined in Uniform Administrative Code
Section 304.
Plan check fee for repetitive identical buildings shall be 60% of the
building permit fee as noted above for the first, or basic building,
and 15% of the building permit fee for each additional building.
The single fee includes all rechecks, plan check conferences at
CONSULTANT's office, reviewing plans that are initially found
to be incomplete and for the transmitting of plans back to the
jurisdiction.
The minimum CONSULTANT fee for any proposed project plan
review shall be one hundred and fifty dollars (S150.00).
2. Compensation for plan reviews of reviews to plans that have
previously been approved for permit issuance, pursuant to Section
3(a)(6) of this Agreement, shall be calculated pursuant to Section
3(b)(1) of this Agreement or shall be S85.00 per hour. The method
of calculating compensation for each such plan reviewed shall be
as agreed to in writing by the Building Official and
CONSULTANT.
3. Compensation for extra work performed pursuant to
Section 3(A)(7) of this Agreement shall be S85.00 per hour.
4. WORK TO BE PERFORATED BY THE CITY
The CITY shall perform the following work:
A. Arrange and pay the cost of shipping one set of plans and documents to
the CONSULTANT's office.
B. Obtain from the applicant, at the time of the project submittal, the
necessary items to allow plan review to be completed in the shortest
overall time frame. Necessary items include, but are not limited to,
complete plans, construction specifications, soil reports, Title 24 energy
calculations, structural calculations, the name and address and telephone
01agr ee Pazekas9-0F9 5:01 3
number of the applicant's designated contact person and similar items that
may be unique to a particular project.
C. Provide the valuation for the proposed construction or instruct the
CONSULTANT to calculate the valuation in accordance with
Section 3(B)(1) of this Agreement.
D. Provide the CONSULTANT with copies of any CITY ordinances that
modify the regulations listed in Section 3(A)(2) of this Agreement.
E. Collect sufficient plan check fees or deposits from project applicants to
ensure the CITY will not suffer a loss if the applicant decides to abandon
the permit process after the CONSULTANT has completed this initial
plan check.
5. EXTRA WORK
The CONSULTANT shall not perform extra work without verbal or written
authorization from the Building Official or his designated representative.
6. SERVICE LEVEL GOALS
The CONSULTANT agrees to provide adequate resources to achieve the
following service delivery goals for timely performance of the work over which the
CONSULTANT has decision authority:
ITEM SERVICE GOAL
A. Buildings less than four stories and A. Complete initial plan review in less
of normal complexity. than twelve (12) work days.
B. Buildings four or more stories in height B. Complete initial plan review' in less
or of unusual complexity. than fifteen (15) work days or as agreed
by the CITY's Building Official and
Contractor.
C. Residential and minor building C. Complete initial plan review in less
projects. than eight (8) work days.
Service level goals are subject to modification upon mutual agreement of CONSULTANT and
CITY.
7. `FORK DAY DEFINITION
For the purpose of measuring performance, the work days specified in Section 6
of this Agreement exclude the day plans were received and include the day a plan review has
been completed. Work days do not include Saturdays, Sundays, or CITY holidays.
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8. METHOD OF PAYMENT
CONSULTANT shall submit after the first work day of each month the invoice
for initial plan reviews performed during the prior month. Payment of approved items on the
invoice shall be mailed to the CONSULTANT within thirty(30) days after the date the invoice
was submitted. Payments not made within the above time frame shall, when paid, be increased
one and one-half percent per month, or portion of a month, for each month the payment was
delayed. Any disputed invoices shall be brought to CONSULTANT's attention within ten (10)
days of receipt.
9. PERFORMANCE DOCUMENTATION
CONSULTANT shall note on the plan review correspondence to the CITY:
A. The day of the week and the date the plans were received;
B. The day of the week and the date the initial plan review was completed;
C. The day of the week and the date the applicant's designee was notified
that the initial plan review was completed; and
D. The calculated number of work days to complete the initial plan review.
10. NON-ASSIGNABILITY
This Agreement is for the professional services of CONSULTANT and is non-
assignable without the prior written consent of the CITY.
11. FINAL DECISION AUTHORITY
The CITY's Building Official shall have final decision authority over the results
of the plan review by the CONSULTANT and all work performed by the CONSULTANT shall
be to the satisfaction of the Building Official.
In instances where the permit applicant takes exception to the CONSULTANT's
interpretation of the regulations, the Building Official shall render a final decision utilizing, if
deemed appropriate, the resources of the City Attorney and/or the Board of Appeals.
12. TER.MINATION
Either party may terminate this Agreement, with or without cause, by providing
thirty(30) days written notice to the other party.
13. NOTICES
Any notice or special instructions required to be given in writing under this
Agreement shall be given either by personal delivery to CONSULTANT's agent (as designated
in Section I hereinabove) or to CITY's Director of Building & Safety as the situation shall
0lagree:Fazekas9-01-95fo1 5
warrant, or by enclosing the same in a sealed envelope,postage prepaid, and depositing the same
in the United States Postal Service, addressed as follows:
TO CITY TO CONSULTANT
Ross Cranmer Scott Fazekas and Associates, Inc.
Director of Building& Safety 9 Corporate Park, Suite 200
City of Huntington Beach Irvine, CA 92606
2000 Main Street, 3rd Floor
Huntington Beach, CA 92648
14. ININ-IIGRATION
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.
15. 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.
16. 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. CITY shall be
reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this
obligation. CONSULTANT will conduct all defense at its sole cost and expense and the CITY shall
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 the CONSULTANT.
1.7. WORKERS' COMPENSATION INSURANCE
Pursuant to California Labor Code Section 1961, CONSULTANT acknowledges
awareness of Section 3700 et seq. of said Code, which requires every employer to be insured
against liability for workers' compensation; CONSULTANT covenants that it will comply with
such provisions prior to commencing performance of the work hereunder.
01 agree:Fazekas9-01.9.E 18 01 6
CONSULTANT shall maintain workers' compensation insurance in an amount of
not less than One Hundred Thousand Dollars (S100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars (S100,000)bodily injury by disease, each employee,
Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit.
CONSULTANT shall require all subcontractors to provide such workers'
compensation insurance for all of the subcontractors' employees. CONSULTANT shall furnish
to CITY a certificate of waiver of subrogation under the terms of the workers' compensation
insurance and CONSULTANT shall similarly require all subcontractors to waive subrogation.
18. GENERAL LIABILITY INSURANCE
In addition to the workers' compensation insurance and CONSULTANT's
covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of
general public liability insurance, including motor vehicle coverage covering the PROJECT.
Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting
within the scope of their duties, against any and all claims arising out of or in connection with
the PROJECT, and shall provide coverage in not less than the following amount: combined
single limit bodily injury and property damage, including products/completed operations liability
and blanket contractual liability, of S 1,000,000 per occurrence. If coverage is provided under a
form which includes a designated general aggregate limit, the aggregate limit must be no less
than 51,000,000 for this PROJECT. Said policy shall name CITY, its agents, its officers,
employees and volunteers as Additional Insureds, and shall specifically provide that any other
insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage
and that CONSULTANT's insurance shall be primary.
Under no circumstances shall the above-mentioned insurance contain a self-
insured retention, or a"deductible"or any other similar form of limitation on the required
coverage.
19. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall furnish a professional liability insurance policy covering
the work performed by it hereunder. Said policy shall provide coverage for CONSULTANT's
professional liability in an amount not less than S1,000,000 per occurrence and in the aggregate.
A claims-made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the professional
services contractor's start of work (including subsequent policies
purchased as renewals or replacements).
B. CONSULTANT will make every effort to maintain similar insurance
during the required extended period of coverage following project
completion, including the requirement of adding all additional insureds.
C. If insurance is terminated for any reason, CONSULTANT agrees to
purchase an extended reporting provision of at least two (2) years to report
01aerce!Fazekas9-01:9 5`01 7
i •
claims arising from work- performed in connection with this
AGREEMENT.
D. The reporting of circumstances or incidents that might give rise to future
claims.
20. CERTIFICATES OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this AGREEMENT; said certificates 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 policies shall not be suspended, voided or canceled
by either party, 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 coverages in force until
the work under this AGREEMENT is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not derogate
from the provisions for indemnification of CITY by CONSULTANT under the AGR.EENVENT.
CITY or its representative shall at all times have the right to demand the original or a copy of all
said policies of insurance. CONSLLTANT shall pay, in a prompt and timely manner, the
premiums on all insurance hereinabove required.
21. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
AGREEMENT as an independent contractor. CONSULTANT shall secure at its expense, and
be responsible for any and 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
services to be performed hereunder.
22. 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.
23. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY employee
in the work performed pursuant to this Agreement. No officers or employee of CITY shall have
01agreeTazekas9-01 9r5-01 g
any financial interest in this Agreement in violation of the applicable provisions of the California
Government Code.
24. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of
this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees.
25. ENTIRETY
The foregoing sets forth the entire Agreement between the parties.
IN WITNESS THEREOF, 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: CITY OF HUNTINGTON BEACH, a
SCOTT FAZEKAS AND ASSOCIATES municipal corporation of the State of
a California corporation California
By: �s�rn f�utl�Nt�
Mayor
print name
ITS: [circle one)Chairma , resident/ 'ice President ,
ATTEST-
AND
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By: City Clerk 10-10 -al
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print name APPROVED AS TO FORM:
ITS: (circle one)Secretary ie Financial Officer-ASst.
Secretary-Treasurer
AF
-q���aCity Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
Administrator Director of Building & Safety
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ATTACHMENT 2