HomeMy WebLinkAboutSCOTT FAZEKAS & ASSOC SFA, INC - 2001-10-01 �s 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 COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: October 10, 2001
TO: Scott Fazekas & Associates, Inc. ATTENTION: Scott Fazekas
Name
9 Corporate Park, Suit_ a 200 DEPARTMENT;
Street
Irvine, A 92606 REGARDING: (1) Plan Review
City,State,Zip
Services (2) Staffing Services
See Attached Action Agenda Item E--10 D ate 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
Name Department RCA Aweemeat Insurance Other
D. Gilbert Building x `-x x
Tame Department RCA 4memeet Insurance Other
Name Department RCA Agcement Insurance Other
Name Department RCA Aimee.^eat Insurance Other
C. Mendoza Risk Mgmt. x x
Name Department RCA Insurance
(Telephone:714-536-5227)
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CITY OF HUNTINGTON BEACH la a-G�L � ►�1I�
WRTI G/ATE: October 1, 2001 DEPARTMENT ID NUMBER:BD 2001-04
Council/Agency Meeting Held:
Deferred/Continued to:
?��proved Q Conditio ally Approved Denied Pi?-Q Jerk Signature
Council Meeting Date: October 1, 2001 Department ID Number: BD 2001-04
CITY OF HUNTINGTON BEACH a
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE AND CITY COUNCIL MEMBERS �`''�
SUBMITTED BY: RAY SILVER, City Administrator
v D NJ PREPARED BY: ROSS CRANMER, Director of Building & Safety �.�
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 Action(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. "
WBuilding Admin\RCA'SIBD 2001-04 Staffing Serv.DO'T 4- 9121101 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.
GABuilding AdminlRCA'S1BD 2001-04 Staffing Serv.DOT 9121101 1:57 PM
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REQUEST FOR ACTION
MEETING DATE: October 1, 2001 DEPARTMENT ID NUMBER:BD 2001-04
Environmental Status: NA
Attachment(s):
NumberCity Clerk's
Page . 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:1Building AdminlRCA'S1BD 2001-04 Staffing Serv.DOT 9120/01 1:20 PM
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SCOTT FAZEKAS ASSOCIATES, NC.
FOR STAFFING SERVICES
THIS AGREEMENT is made and entered into this Ist davof 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"SFA."
WHEREAS, SFA is a California corporation which provides the services of its employees to
government agencies for the purpose of discharging the responsibilities of government agencies; and
CITY has engaged the personal services of certain persons as its employees; and
Economic reasons exist which make it in the best interests of CITY to discharge certain of its
responsibilities through the use of SFA employees;
NOW, THEREFORE, in consideration of the promises, covenants, and warranties hereinafter set
forth, the parties hereto mutually agree as follows:
I. DEFINITIONS
All terms used in this Agreement shall have the customary meaning afforded such terms
unless the same are used in a technical or business context, in which event such terms shall have the
technical and/or special meaning normally afforded such terms within the particular trade, industry, or
business to which they relate. The following are the definitions of special terms used herein:
"Current Payroll" means the payroll set forth on the document attached hereto as
Exhibit"A"and incorporated by this reference as though fully set forth herein.
"Employees" means those individual persons who are subject to the terms of this
Agreement and whose services are identified on Exhibit "A."
"Employee Tax Forms" means all forms applicable to the payroll which are required by
United States, state, and local governments to be provided by an employer to an employee, including
U.S. Department of the Treasury, Internal Revenue Service Form W-2 (Wage and Tax Statement) and
Form W-4 (Employee's 'Withho]ding Allowable Certificate) and Form 1099(as and if applicable), as
well as comparable and/or counterpart forms prescribed by the state and/or local government in which
employees are performing services pursuant to this Agreement.
"Payment Due Date"means any date on or before the last day of each payroll period.
"Pay Period" means the interval between payments to employees.
"Payroll"means the total payroll applicable to all employees and includes the aggregate
of net compensation to employees, federal withholding taxes, state and local (if any)withholding taxes,
employer and employee costs pursuant to the Federal Insurance Contributions Act, employer costs
pursuant to the Federal Unemployment Tax Act, employer costs for state unemployment taxes (if any),
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employer costs pursuant to the Voluntary-Compensation Plan (if any), and employer listed service fees
(as applicable).
2. IMPLEMENTATION
Relationship of Parties.Effective at the commencement of business on the Ist day
of October , 2001, SFA will provide to CITY those of its employees who are qualified to
perform the services identified in Exhibit"A" and CITY hereby accepts such employees on the terms
and conditions provided in this Agreement.
Term of Agreement. This Agreement and the rights and obligations of CITY and SFA
shall commence on the effective time and date specified in paragraph 2 and shall continue until
terminated. Either party may terminate this Agreement upon thirty(30) days written notice to the other
party.
Specification of Services and Approval of Compensation. CITY shall specify, and
by notice to SFA may accept, modify, or reject the services and/or rate of compensation of any and all
employees leased to CITY in accordance with this Agreement. In the event of rejection of services
and/or rejection of the rate of compensation of any employee leased to CITY, the lease made by this
Agreement shall terminate as to such employee, effective upon receipt by SFA of written notice thereof.
For purposes of business and financial accounting between the parties, this Agreement shall be deemed
several as to each employee and shall be deemed prorated on a daily or other periodic basis necessary to
give effect to the manifest intentions of the contracting parties.
Changes and Adjustment in Payroll. CITY and SFA acknowledge the payroll will vary
from pay period to pay period by reason of additions, terminations, and changes in compensation rates
of employees. It is further acknowledged that the payroll also may vary from pay period to pay period
by reason of changes in the rate and/or amount of employees withholding and/or employer payroll
contributions and/or costs of employee benefit plans and programs. It is specifically agreed that the
amount of all payments coming due and owing from CITY to SFA shall be adjusted (by increase or
decrease, as applicable) to the extent necessary to directly reflect such changes on a current basis. All
such changes and adjustments in payroll shall be mutually agreed by the CITY and SFA before revised
hourly rates are applied.
Employer Duties of SFA. SFA shall (1)pay all wages and other remuneration to its
employees who are subject to this Agreement; (2) notify CITY of the current payroll prior to each pay
period; (3)prepare and file all payroll tax returns and reports; (4)pay all amounts due and owing
pursuant to the payroll tax returns and reports which are prepared and filed; (5) prepare, file, and furnish
to employees applicable employee tax forms; and (6)prepare and file, with a copy to CITY, applicable
employer tax forms.
Duties of CITY. CITY shall (1)provide the workplace for all employees subject
to this Agreement; (2)maintain the workplace in strict accordance with applicable health and working
standards and specifications; (3) comply with all safety engineering and governmental health and safety
rules, regulations, directives, orders or similar requirements; (4)provide all required safety equipment;
(5) for employees located in California, take all actions necessary to establish and implement an injury
and illness prevention program as required by the Occupational Injury Program Act, also known as
Senate Bill 198, and codified at California Labor Code § 6401.7; (6)post or provide employee notices
required by law; and (7) notify SFA immediately of all employee illnesses, accidents, injuries, and
absences.
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3. COMPENSATION
Fee. CITY agrees to pay within the hourly range rate established in Exhibit "A"on or
before each payment due date. The range rates are based on current SFA costs and is subject to change
when costs change due to factors which are beyond the control of SFA (such as insurance, payroll tax,
etc.). Any adjustments made will be commensurate with increased costs to SFA as mutually agreed by
the CITY and SFA.
Pavrnent Address: All payments due SFA shall be paid to:
SCOTT FAZEKAS & ASSOCIATES, NC.
9 Corporate Park, Suite 200
Irvine, CA 92606-5132
Terms of Compensation. Invoices are due within 30 days of receipt. Delinquent
payments will be subject to a late payment carrying charge computed at a periodic rate of 1-1/2%per
month,which is an annual percentage rate of 18%, which will be applied to any unpaid balance owed
commencing forty-five (45) days after the date of the original invoice. Additionally, in the event CITY
fails to pay any undisputed amounts due SFA within forty-five (45) days after payment due date, then
CITY agrees that SFA shall have the right to consider said default a total breach of this Agreement and
the duties of SFA under this Agreement may be terminated by SFA without liability to SFA upon ten
(10) working days advance written notice.
4. SUPERVISION OF EMPLOYEES
CITY shall supervise the daily activities of employees. Employees shall discharge
government responsibilities and perform in accordance with the ordinances, resolutions, rules,
regulations, and procedures adopted by CITY. SFA shall have no control over such government
responsibilities and such ordinances, resolutions, rules,regulations, and procedures.
5. 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 attorneys 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.
SFA shall indemnify, defend, and hold harmless CITY for the purposes of all
required payroll deductions and withholdings, legally required workers' compensation insurance,
0 Uageeisfa9-O IN!18.01 3
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and health benefits of the employees. SFA shall also indemnify, defend and hold harmless CITY
for any liability arising under the Public Employees Retirement Laxv, as set forth in California
Government Code § 20000, et seq.
6. WORKERS' COMPENSATION INSURANCE
Pursuant to California Labor Code Section 1861, SFA acknowledges awareness of
Section 3700 et seq. of said Code, which requires every employer to be insured against liability for
workers' compensation; SFA covenants that it will comply with such provisions prior to commencing
performance of the work hereunder.
SFA shall maintain workers' compensation insurance in an amount of not less than One
Hundred Thousand Dollars (S 100,000)bodily injury by accident, each occurrence, One Hundred
Thousand Dollars ($100,000)bodily injury by disease, each employee, Two Hundred Fifty Thousand
Dollars ($250,000) bodily injury by disease,policy limit.
SFA shall require all subcontractors to provide such workers' compensation insurance
for all of the subcontractors' employees. SFA shall furnish to CITY a certificate of waiver of
subrogation under the terms of the workers' compensation insurance and SFA shall similarly require all
subcontractors to waive subrogation.
7. GENERAL LIABILITY INSURANCE
In addition to the workers' compensation insurance and SFA's covenant to indemnify
CITY, SFA shall obtain and furnish to CITY. a policy of general public liability insurance, including
motor vehicle coverage covering the Project. Said policy shall indemnify SFA, 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$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
$1,000,000 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 SFA'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.
8. CERTIFICATES OF INSURANCE
Prior to commencing performance of the work hereunder, SFA 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
01iagree sfa9-Oli9.'1 POI 4
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.
SFA shall maintain the foregoing insurance coverages in force until the work under this
Agreement is fully completed and accepted by CITY.
The requirement for caming the foregoing insurance coverages shall not derogate from
the provisions for indemnification of CITY by SFA under the Agreement. CITY or its representative
shall at all times have the right to demand the original or a copy of all said policies of insurance. SFA
shall pay, in a prompt and timely manner,the premiums on all insurance hereinabove required.
9. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike manner.
CITY may terminate SFA's services hereunder at any time with or without cause, and whether or not
Project is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice
of which shall be delivered to SFA as provided herein.
10. ASSIGNMENT AND SUBCONTRACTING
This Agreement is a personal service contract and the supervisory work hereunder shall
not be delegated by SFA to any other person or entity without the consent of CITY.
11. 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.
12. CITY EMPLOYEES ANrD OFFICIALS
SFA 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.
13. NOTICES
Any notice or special instructions required to be given in writing under this Agreement
shall be given either by personal delivery to SFA's agent(as designated in Section 1 hereinabove) or to
CITY's Director of Building& Safety 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, addressed as
follows:
TO CITY: TO SFA:
Director of Building & Safety Scott Fazekas &Associates
City of Huntington Beach 9 Corporate Park, Suite 200
2000 Main Street Irvine, CA 92606-5132
Huntington Beach, CA 92648
01;agree.'sfa9-01�9:18i 5
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14. IMMIGRATION`
SFA 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
SFA 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. SFA 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 SFA.
16. 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 beat its own attorney's fees.
17. REPRESENTATION
A CITY representative shall be designated by the CITY and an SFA representative shall
be designated by SFA as the primary contact person for each party regarding performance of this
Agreement. The following are the designated representatives:
Scott Fazekas for SFA
Ross Cranmer for the City of Huntington Beach
18. AUDIT
CITY shall have the right to audit and inspect SFA records and accounts covering costs
under this Agreement for a period of two years after termination of the Agreement.
19. TITLES
The titles used in this Agreement are for general reference only and are not part of the
Agreement.
20. SEVERABILITY
Should any provision of this Agreement be determined to be unenforceable, such
determination shall not affect the remaining provisions.
01'agreeisfaM 1 9:'l 1 01 6
21. ENTIRETY
R
This Agreement and Exhibit"A" attached hereto, represents the entire and integrated
Agreement between CITY and SFA and supersedes all prior negotiations,representations or agreements,
either written or oral. This Agreement may be modified or amended only by a subsequent-written
agreement signed by both parties.
IN `VITNESS 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.
SCOTT FAZEKAS & ASSOCIATES, INC., CITY OF HUNTINGTON BEACH, a
a California corporation municipal corporation of the State of California
By:
ayor
print name
ITS: (cii-cle one) Chairrnarhgresident ice ATTEST:
President d,�(,�i
�
AND City Clerk lo-10-alf
By: APPROVED AS TO FORM:
print name
ITS: (circle one) Secrets ief Financia City Attorney
ffice ' sst. Secretary-Treasurer Z-°/ I
INITIATED AND APPROVED:
REVIEWED AND APPROVED: Director of.-Building & Safely
City ministrator
01 agreelsfa9-01/91 L'O1 7
EXHIBIT "A"
Services included in this Agreement by and between the City of Huntington Beach and Scott Fazekas &
Associates, Inc., are listed below:
Service 1: Professional Services
Hourly Billing Rate Range: S40.00 to $150.00 per hour*
Service 2: Counter Services
Hourly Billing Rate Range: S 15.00 to $50.00 per hour*
Service 3: Field Services
Hourly Billing Rate Range: S30.00 to S75.00 per hour*
*It is understood that employees providing services will be driving City vehicles for any field
assignments. If the employees use a personal car on such assignments,billing to the City of Huntington
Beach will be at the rate of$0.32/mile.
ATTACHMENT 3
SummM of Informal Proposals for Plan Review _Services
(per professional services---Chapter 3.03)�
Plan Review Fee
(minimum fee)
• International Conference of
Building Officials (ICBO) 65% of Permit Fee
(Minimum building plan review $300)
• SFA Consultants,Inc. 60% of Permit Fee
(Minimum building plan review $150)
• EsGil Corporation 65% of Permit Fee
(Minimum building plan review $250)
Selection Guidelines: (per 3.03.040)
• Each of the above are well known for their quality Plan Review Services.
• SFA provides their service at a cost that is at or below the industry standard.
• SFA has staff that has provided excellent service to Huntington Beach in the past.
ATTACHMENT 4
A OMo CERTIFICJ#E OF LIABILITY INS NCB OP ID DATE(MMIDWYY)
AZEK-1 05/17/01
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
G. S. Levine Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Services, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
3377 Carmel Mountain Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
San Diego CA 92121
Phone: 858-481-8692 ENSURERS AFFORDING COVERAGE
INSURED INSURER A: American Motorists Insurance
INSURER B- _
Scott Fazekas & Associates INSURERC:
15583 Harrow Lane INSURER0:
Poway CA 92064
INSURER E:
COVERAGES
T4E 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 PER'AIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
CLICY
LTR TYPE OF INSURANCE POLICY NUMBER DAT OOfYY)f`DATE MMIDDIYY EXPIRATION LIMITS
GENERAL LIABILITY EACH OCCURRENCE 151,000,000
A :_x COMMERCIAL GENERAL LIABILITY 7RS68869404 06/05/01 06/05/02 FIRE DAMAGE("we fire) 15100,000
I I CLAIMS MADE L X 1 OCCUR MED EXP(Any one parson) S10,000
PGE
PERSONALBADV INJURY S1000,000
GENERAL AGGREGATE S2,000,000
'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG S 2,000,000
POLICY JEC LOC
i AUTOMOBILE LIABILITY
IANYAUTO 17RS68869404 06/05/01 06/05/02 COMBINED SINGLE LIMIT Is1,000,000
A � i II(Ee acddanl)
—I ALL OWNED AUTOS
BODILY INJURY S
---��� SCHEDULED AUTOS (Per parson)
BODILY 1
I ILY INJURY S
X NON-OWNED AUTOS I (Per amdent)
I I I
PROPERTY DAMAGE
f (Per accident) $
GARAGE LIAB!LITY I II i AUTO ONLY-EA ACCIDENT .S
r—I
i ANY AUTO i I ;OTHER THAN EA ACC - S
v ' I AUTO ONLY: AGG ' S
1 �
EXCESS LIABILITY EACH OCCURRENCE S
OCCUR �_j CLAIMS MADE AGGREGATE S
I
S
DEDUCTIBLE j S
RETENTION S S
!WORKERS COMPENSATION AND TORY�Al LIMITS ER
A i EMPLOYERS LIABILITYi 7BG10587600 06/05/01 06/05/02 , E.L.EACH ACCIDENT 151000000
E.L.DISEASE-EA EMPLOYE S 1000000
E,L,DISEASE-POLICY LIMIT ,S 1000000
OTHER A
DESCRIPTION OF OPERATIONSILOCATIONSAIEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS A 4;
Re: Building Safety Plan Check ServicesZ�C'
A
City of Huntington Beach, its agents, officers and employees are nax�t `� It soa" •-`.'
Additional Insured per the attached BP8662 endorsement.
*10 day notice of cancellation applies for non-payment of premium. 11"•
CERTIFICATE HOLDER N S ADDITIONAL INSURED;INSURER LETTER: CANCELLATION
CI TYHUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING INSURER MLL;�MAIL 30*DAYS WRITTEN
City of Huntington Beach NOTICE TO THE CERTIFICATE NO L �NhMED TO THE LEFT,
Attn: Mr. Ross Cranmer J�
2000 Main Street
Huntington Beach CA 92648
AU RUED REPRESS TIVE
ACORD 25-S(7197) CACORD CORPORATION 1988
ARCHITECTS AND ENGINEERS PROGRAM ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS POLICY
A. ADDITIONAL INSURED
The following is added to paragraph C.,WHO IS AN INSURED-of the Businessowners Liability
Coverage Form. BP 71 08:
All persons or organizations on file with the company as Additional Insureds are also an insured,but only
with respect to liability arising out of your ongoing operations for that insured.
B. PRIMARY COVERAGE
With respect to claims arising out of the operations of the Named Insured, such insurance as afforded by
this policy is primary and is not additional to or contributing with any other insurance carried by or for the
benefits of the above Additional Insureds.
C. WAIVER OF SUBROGATION
Paragraph 2.,of the TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US condition,of
the Businessowners common Policy Conditions,BP 71 10, is deleted and replaced by the following:
2. Applicable to Businessowners Liability Coverage:
a. If the insured has rights to recover all or part of any payment we have made under this
policy,those rights are transferred to us. This insurance shall not be invalidated should
the Named Insured waive in writing,prior to a loss, any or all right of recovery against
any party far a loss occurring. However,the insured must do nothing after a loss to
impair these rights. At our request, the insured will bring"suit'or transfer those rights to
us and help us enforce them. This condition does not apply to Medical Expenses
Coverage.
b. After a loss you may waive your rights against another party in writing,only if, at the
time of the loss,that party is one of the following:
A business firm. 1) Owned or controlled by you;or
2) That owns or controls you.
D. NOTICE OF CANCELLATION
I. If we cancel this policy for any reason other than nonpayment of premium,we will mail written
notice at least 30 days before the effective date of cancellation to the Additional Insureds in
paragraph A. Above.
2. if we cancel this policy for nonpayment of premium,we will mail written notice at least 10 days
before the effective date of cancellation to the Additional Insureds in paragraph A.Above.
THIS ENDORSEMENT MUST BE ATTACHED TO A CHAN,QE,F bRSEMENT
WHEN ISSUED AFTER THE POLICY IS WRITTEN. -{~
BP 86 62(ED.09 96)
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PRODUCER 619-231-10190 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION .k
John Burnham & CDmpanyGJ (� x
A- �j� ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
610 West Ash Street �r �aO+D. �� ALTI»R THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 2910 A f rd�G�- COMPANIES AFFORDING COVERAGE
San Diego, CA 921 12-421 PP CDMPANY
�i CO( /w? !A A CONTINENTAL CASUALTY INS CO/VOS
INSURED
COMPANY
B
Scott Faxekas & Associates, Inc. COMPANY
ATTN: Scott Fazekas C
15683 Harrow Lane COMPANY
owa CA 92064
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THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REGUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITFf 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF ItiSUR"CE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE IMMIDONYI DATE(MMMDlYYI
GENERALUABILITY GENERAL AGGREGATE s
COMMERCIAL GENERAL LIA81U?I' PRODUCTS.COMPIOP AGG $
CLAIMS MADE ❑OCCUR PERSONAL&ADV INJURY s
DWNfq'S b CONTRACTOR'S PROT EACH OCCURRENCE $
FIRE DAMAGE(Any oft Drs) !
MED FXP{Any one persan) a
AUTOMOBILE LIABILITY
COMBINED SINGLE UMfr I
ANY AUTO
ALL OWNED AUTOS Q IFDO• BODILY INJURY - !
SCHEDULED AUTOS a��y'"p A� Mat parson)
HIRED AUTOS -
�1S L BODILY INJURY 8
NON-OWNED AUTOS I;:Jr'� rear arcCantl
IJ Cr�� kit O�S1 N PROPERTY DAMAGE it
1Y
GARAGE LIABILITY g AUTO ONLY-EA ACCIDENT !
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE ?
EXCESS LIABILITY EACH OCCURRENCE f
UMBRELLA FORM AGGREGATE i
OTHER THAN UMBRELLA FORM 6
WORKERS COMPENSATION AND WC STATU• j GTH- :•-'" - - -
EMPLOYERS'LIABILITY T Y IMI !I -
EL EACH ACCIDENT a
ThE PROPRIETOR!PART NERSIEXEC UTIV E INCI EL DISEASE•POLICY LIMIT i
OFPCERS ARE: HlEXCLIEL DISEASE.EA EMPLOYEE f
A OTHER PRE113970938 6/05199 6/05/02
PROFESSIONAL 17,000,000 EACH CLAIM LIAR)T
LIABILITY 1.000,000 ANNUAL AGGREGATE LIVIT
1,000 DEDUCTIBLE PER CLAM
EIESCRIP77ON Of OPERATIONSILOCATICIVSNEHiCLES/SPECIAL ITEMS
RE: ALL OPERATIONS OF THE NAMED INSURED
i. AMI�iiiaa-
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`SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF HUNTINGTON BEACH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL
ATTN: ROSS CRAMMER 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
2000 MAIN ST. aG�C4XaC)6X1CI�C;!(uKI}CYoi�► Xs:► 'i)fPXerKCd/B �faTsiX> 3klb+3i�(c
HUNTINGTON BEACH, CA 92648 X' x "� XNr X+ L 1C�f'X'YEi riKl 'JEul
AUTHORIZED REPRESENT/ITIYE
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AUG 27 '97 16:32 FR KEMPER—K
ARCHITECTS AND ENGINEERS PROGRAM ENDORSEMENT
THIS ENDORSEMENT CHANCLES YHE POLICY. PLEASE READ IT CAREI5-ULLY.
This endorsement modifies insurance provided under the follaMng:
BUSINI=SSOWNERS POLICY
A. Additional Insured recovery against any party for a lass oc-
curring. However, the Insured must do
The following is added to paragraph C., WHO IS nothing after a loss to impair these rights..
AN INSURED. of the Businessowners Liability At our request, the insured will bring "suit"
Coverage Form, SP 71 09: or transfer those rights to us and help us
enforce them. This condition does not ap-
All persons or organizations on file with the com- ply to Medical Expenses Coverage.
pany as Additional Insureds are also an insured,
but only with respect to liability arising out of your b_ After a loss you may waive your rights
ongoing operations forthai if isured. against another party !n writing, only if, at
the time of the loss, that party Is one of
B. Primary Coverage the following:
With respect to claims arising out of the opera- A business firm:
tions of the Named Insured. such insurance as
afforded by this policy Is primary and is not addi- 1) Owned or controlled by you;or
tional to or contributing with any other insurance
carried by or for the benefit of the above Ad& 2) That owns or controls you.
tional Insureds.
D. Notice of Cancellation
C. Waiver of Submgation
1. If we cancel this policy for any reason other
Paragraph 2_, of the TRANSFER OF RIGHTS OF than nonpayment of premium. we will mail
RECOVERY AGAINST OTHERS TO US condi- written notice at feast 30 days before the ef-
tion, of the Businessowners Common Poky Con- fective date of cancellation to the Additional
ditions, BP 71 10, is deleted and replaced by the Insureds in paragraph A. above.
following:
2. if we cancel this policy for nonpayment of pre-
2. Applicable to Businessowners Liability mium, we will mail written notice at least 10
Coverage: days before the effective date of cancellation
to the Additional Insureds in paragraph A.
a. if the Insured has rights to recover all or above.
part of any payment we have made under
this policy, those rights are transferred to
us.This insurance shall not be invalidated
should the Named Insured waive In wrlt-
ing. prior to a loss, any or all right of
THIS ENDORSEMENT MUST 0E ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTI<R
THE (POLICY IS WRITTEN.
SP 86 62 (Ed. 09 96) Printed in U.S.A.
ATTACHMENT 5
CITY OF HUNTINGTON BEACH
APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION
1. Name/Title/Department of Requesting Staff Member Debra Gilbert, Department of
Building &Safety
2. Date of Request August 15 2001
3. Name of Contractor/Permittee- Scott Fazekas & Associates,Inc.
4. Description of work to be performed_ Staffing Services for: Field Services, Counter Services.
and Professional Services.
5. Value of Contract$3350,000 Per Year for both Staffing Services and Plan Review Services
6. Length of Contract 2 years
7. Type of Insurance Waiver or Modification Requested: Text Revisions for Hold Harmless
Clause Eliminate Inde endent Contractor Waive Professional Liability
(a)Limits: (b)Coverage
8. Have you contacted Risk Management to determine if professional liability coverage is available
through SCOPE? N/A
9. Reason for Request for Waiver or Reduction of Limits These are "leased" employees,all
supervision comes from within the City. Leasing employee drives and acts as a City Employee.
City benefits by cost reduction and flexibitity._
10. Identify the risks to the City if this request for waiver or modifications granted no more than hiring
another City Employee.
Department Head Signature
(This section to be completed by Risk Manager)
Recommendation: Approve Deny
Risk Manager's Signature/Date
(This section to be completed by City Attorney)
Recommendation: Approve Deny
City Attorney's Signature/Date
settlement Committee appr a is not] required for this waiver. If Settlement Committee approval is
required, submit this form to t orney's Office to be-placed on the agenda.
Recommendation: Approve Deny
Reviewer ' s Initials: ,
CITY OF HUNTINGTON BEACH
• APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION
1. Name/Title/Department of Requesting Staff Member - Debra Gilbert,Department of
Building &Safety_
2. Date of Request_ August 15,2001
3. Name of Contractor/Permittee- Scott Fazekas& Associates,Inc.
4. Description of work to be performed Professional Services-Plan Review Services
5. Value of Contract $350,000 per year for both Staffine Services and Plan Review Services
5. Length of Contract_ 2 years
7. Type of Insurance Waiver or Modification Requested: Text Revisions for Hold Harmless
Clause
(a)Limits: (b)Coverage
8. Have you contacted Risk Management to determine if professional liability coverage is available
through SCOPE? NIA
9. Reason for Request for Waiver or Reduction of Limits Plan Review services is administering
• a government process and is not producing a product for the City. Consultant is woring with
"City" and guided by the City.
10. Identify the risks to the City if this request for waiver or modifications granted
Department Head Signature_
(This section to be completed by Risk Manager)
Recommendation: Approve Deny
Risk Manager's Signature/Date _
(This section to be completed by City Attorney)
Recommendation: Approve Deny
City Attorney's Signature/Date
Settlement Committee approv (is [is not] required for this waiver. If Settlement Committee approval is
required, submit this form to Ci ttomey's Office to be-placed on the agenda.
Recommendation: Approve � Deny
City. Council approv I (is is not] required for this waiver. If City Council approval is required, attach this
• form to the RCA after eration by the Settlement Committee.This insurance waiver[is not] on City
Council agenda.
Reviewer ' s Initials:
• •
RCA ROUTING SHEET
INITIATING DEPARTMENT: Department of Building & Safety
SUBJECT: Contract Services for Plan Review and Staffing
COUNCIL MEETING DATE: October 1 , 2001
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (wlexhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
Si ned in full by the City Attome Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Affome Not Applicable
Certificates of Insurance (Approved by the City Attorney) Attached
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff 'J 2o a ! 4;E4-1
Assistant City Administrator Initial
City Administrator (Initial)
) �Z�
City Clerkl7 �
EXPLANAT OR RETURN OF ITEM:
r
n—xne- Gun m vj -� 1 S 1C, i s
Space . Only)
RCA Author: