HomeMy WebLinkAboutSCOTT FAZEKAS & ASSOCIATES - 2003-11-10 Su ity\ Contracts Checklist for Submittal to
City Clerk's Office
Hunt Beach'
(Please transmit this form when your contract is ready to be filed in the City Clerk's office)
To: Connie Brockway, City Clerk
x5404
1. Name of Contractor:
Ca ei� Q 's C
2. Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park
3. Expiration Date: If no expiration date,please put a tentative expiration date so the City Clerk's office can inquire of your
department if the file is ready to inactivate.
4. Amount of Contract: ! ��
A. Is the attached contract RELATED to a PREVIOUSLY SUBMITTED contract(renewal/amendment/etc)? ❑YES NO
B. Did you attach the LIST OF CONSULTANTS from whom proposals were requested—pursuant to HBMC 3.03.100? ❑YES N/A
OR Is the attached contract a SOLE SOURCE? ❑YES N/A
C. Did you attach a COPY of the insurance certificate/waiver and send the ORIGINAL to Risk Management? YES
PLEASE INCLUDE: CITY CLERK'S OFFICE USE ONLY:
1,
n / 01A ,rrss
Name/Extension
Department
i
Date
�I.
g:/forms/city clerk contract checklist.doc
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SCOTT FAZEKAS & ASSOCIATES, INC. FOR
COUNTER AND INSPECTON SERVICES
Table of Contents
1 Scope of Set-vices.....................................................................................................1
2 City Staff Assistance................................................................................................2
3 Term; Time of Performance.....................................................................................2
4 Compensation..........................................................................................................2
5 Extra Work...............................................................................................................2
6 Method of Payment..................................................................................................3
7 Disposition of Plans, Estimates and Other Documents ...........................................3
8 Hold Harmless .........................................................................................................3
9 Professional Liability Insurance.............................................................................4
10 Certificate of Insurance............................................................................................5
11 Independent Contractor............................................................................................6
12 Termination of Agreement.......................................................................................6
13 Assignment and Delegation......................................................................................6
14 Copyrights/Patents...................................................................................................7
15 City Employees and Officials..................................................................................7
16 Notices.........................................................................................7
17 Consent ....................................................................................................................8
18 Modification.............................................................................................................8
19 Section Headings .....................................................................................................8
20 Interpretation of this Agreement..............................................................................8
21 Duplicate Original....................................................................................................9
22 Immigration...............................................................................................................9
23 Legal Services Subcontracting Prohibited................................ ........9
........................
24 Attorney's Fees..........................................................................................................10
25 Survival.....................................................................................................................10
26 Governing Law.........................................................................................................10
27 Entirety......................................................................................................................10
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTfNGTON BEACH AND
SCOTT FAZEKAS & ASSOCIATES, INC. FOR
COUNTER AND INSPECTON SERVICES
THIS AGREEMENT ("Agreement") is made and entered into this f0441 day of
_ 2003 , 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 engage the services of a consultant to perform
counter and inspection services; 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:
1. 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 Scott Fazekas who shall represent it and
be its sole contact and agent in all consultations with CITY during the performance of this
Agreement.
03aeree/fazekas/q 0.!30,'03 1
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 September 30, 2004, unless
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be
completed no later than September 30, 2004 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 Eighty Two Thousand Dollars
($82,000.00).
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
03 agrec/fuekas/10130.103 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 (as defined and limited in Exhibit A) 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
03nreeifazekasi 10/30!03 �
expense. 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
Waived via executed waiver form.
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 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 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
03agrcelfazekas;10/30103 4
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 herein and not as an employee of CITY.
CONSULTANT shall secure at its own cost and 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
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
03agree/fazekas/10/30/03 5
subcontract is approved, all approved assignees, delegates and subconsultants must satisfy
the insurance requirements as set forth in Sections 9 and 10 hereinabove.
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.
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 l
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 party via personal delivery, a reputable overnight carrier or U. S.
certified mail-return receipt requested:
TO CITY: TO CONSULTANT:
City of Huntington Beach Scott Fazekas & Associates, Inc.
ATTN: Director of Building & Safety 9 Corporate Park, Suite 200
2000 Main Street Irvine, CA 92606-5132
Huntington Beach, CA 92648
03agree/fankas/10/30/03 6
17. CONSENT
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.
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. INT RPRETATION 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.
03agreeifazekasl10130iO3 7
i r
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
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.
03agreelfazekas/E"M3 8
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,
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 party.
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 party 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
03agree:Yazekas110130103 9
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
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.
SCOTT FAZEKAS & ASSOCIATES, Inc.
CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of California
By:
cott R. Faz s, President
AND Director of Building& Safety
(Pursuant To HBAIC§3.03.100)
By:��. s-o= —
Scott R. Faze APPROVED AS TO FORM:
Chief Financial Officer
� c
City AlWmey
REVIEWED AND APPROVED:
�� _
City Administrator
(only for contracts S50,000.00 and over)
03agree/fazekas/10/30/03 10
10/30/2003 22:40 8586791374 SFA INC. PAUL by
• 40
RESOLUTION
A board mecting was held on Dcccmber 8. 1997 to confirm that SCOTT R. FAZEKAS,
President, has signature authority to bind the Corporation of SCOTT FAZEKAS &
ASSOCIATES, TNC. The status reitaains the same to date.
dA/ off
Scott R Faze , Fresident ted
Corporate Seal:
0
EXHIBIT A
A. STATEMENT OF WORK: (Narrative of work to be performed)
1. Perform employer's obligations for payrolling staff to be leased by City.
Staff are to be utilized to perform counter services and field inspections of
construction projects to ensure that the contractor or homeowner properly
follows the approved construction plans and standards in accordance with
the adopted building codes.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
1. SFA will employ staff and perform only employer related duties regarding
payroll and benefits consistent with applicable laws. SFA is not responsible
for the actions of employees or the manner in which professional services are
delivered.
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. City shall provide the workplace for all employees in strict compliance with
applicable health and working standards and specifications
2. City shall comply with all safety engineering and governmental health and
safety rules, regulations, directives, orders or similar requirements.
3. City shall take all actions necessary to establish and implement an injury and
illness prevention program as required by the Occupational Injury Program
Act.
4. City shall post or provide employee notices as required by law.
5. City shall notify SFA immediately of all employee illnesses, accidents,
injuries, and absences.
6. City is responsible for the actions of the employees as it relates to the daily
responsibilities of their respective positions.
EXHIBIT B
A. Hourly Rate
CONSULTANT'S fees for inspection services shall be based upon the hourly rate of$30.00
to $150.00 per hour.
B. Billing
1. All billing shall be done monthly in one-tenth-hour (0.10) increments and matched
to an appropriate breakdown of the time that was taken to perform that work and
who performed it.
2. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such
invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
S iii INSURANCE AND INDEMNIFICATION WAIVER -
MODIFICATION REQUEST -
1. Requested by: Jan Richards
2. Date: September 25, 2003
3. Name of contractor/permittee: Scott Fazekas & Associates Inc.
4. Description of work to be performed: Staffing services for field inspection, counter
S. Value and length of contract: $82,000 for one year
6. Waiver/modification request: Text revisions for hold harmless clause
eliminate independent contractor, waive professional is i zty
7. Reason for request and why it should be granted: These are leased employees
and all supervision comes from the City. Leased employees
drives and acts as a City employee.
8. Identify the risks to the City in approving this waiver/modification: No more than hiring
another City employee.
-i A
Department Head Signature ate:
APPROVALS
Approvals must be obtained in the order listed on this form. Two approvals are required
for a request to be granted. Approval from the City Administrator's Office is only required if
Risk Management and the City Attorney's Office disagree.
1. Risk Management
DApproved ❑ Denied � lJ13
Signature Date
2. City Attorney's Office
❑Approved ❑ Denie r Z
Signature U Date
3. City Administrator's Office
❑ Approved ❑ Denied
Signature Date
If approved, the completed waiver/modification request is to be submitted to the
City Attorney's Office along with the contract for approval. Once the contract has been approved,
this form is to be filed with the Risk Management Division of Administrative Services
Waiver Recvest SPA 9125/2003 4:37 PM
1/01/2003 03:50:59 PM J05h ACCarao
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ACQB�� CERTIFICA OF LIABILITY INSURANCE Z$K- 10101103
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
A. 5. Devine 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. -
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ANY REOUIREMENT•TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
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*10 day notice of cancellation applies for nose-payment of prMi,um. xx
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O%rners, Lessees Or Contractors (Form B)
ADDITIONAL INSURED
'MIS ENMORSENIENT CHiNGES THE POLICY.PLEASE READ IT CARE,MMLY.
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LIABILITY COVERAGE PART,
SCHEDULE
Name of Person or Organization:
City of Huntington Beach, its agents, oMcers and employees
Re; Building Safety Plan Check Services
SECTIU.ti II-WHO IS AN INSURED is amended to include Schedule, but only with respect to liability arising
as an insured the person or organization shown in out of"your wort;:" for that Insured by or for you.
CLEF 22 4003 95 Includes copyrighted muterii l of Lisurance Sarvices 0flices.,Lic.,with iLs permission.
Copy,Insurance Sarvicce Otrcc,Inc., 1994
Su i PROFESSIONAL SERVICE ,CONTRACTS
0
PURCHASING CERTIFICATION
RECETWD
1. Requested by: Jan Richards OCT 13 2003
2. Date: September 29, 2003
3. Name of consultant: Scott Fazekas Associates, Inc.
4. Description of work to be performed: Inspection & counter services
5. Amount of the contract: $82,000.00
6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No
T. Company number and object code where funds are budgeted: 10055201.69365
8. Is this contract generally described on the list of professional service contracts
approved by the City Council'? ® Yes, ❑ No
9. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on
the list of professional service contracts approved by the City Council?'
® Yes, ❑ No
10. Were (at least) Informal written proposals requested of three consultants?
® Yes, M No
11. Attach list of consultants from whom proposals were requested (including a
contact telephone number).
12. Attach proposed scope of work.
13. Attach proposed payment schedule.
W2
AMADRIL, Manage
Purchasing/Central Services
' If the answer to any these questions is"No,"the contract will require approval from the City Council.
Documend 9i2912003 2:06 PM