Loading...
HomeMy WebLinkAboutSCOTT FAZEKAS & ASSOCIATES - 2004-10-01 Council/Agency Meeting Held: Deferred/Continued to: �(_Qpproved ❑ Conditionally Approved ❑ Denied / iv C k's Si Pature Council Meeting Date: July 5, 2005 1 Depart nt ID Number: BD 2005-2 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS :SUBM{1TTED BY: PENELOPE �U�LBRH-GRAFT, CIT ADMINISTRATOR 00 PREPARED BY: ROSS CRANMER, DIRECTOR OF BUILDING & SAFETYCC4nMGr SUBAOT: APPROVE AN AMENDMENT TO THE PROFESSIONAL SERVICES -, CONTRACT WITH SCOTT FAZEKAS ASSOCIATES, INC. Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: This is a request to amend an existing Professional Services Contract for plan review services in the amount of $50,000 with Scott Fazekas Associates, Inc. The amended contract is for a total amount of not-to-exceed $167,475. Funding Source: Existing approved appropriation in the Professional Services budget (business unit number 10055201.69365). Recommended Action: Motion to: 1. "Approve the Contract Amendment and Authorize the Mayor and City Clerk to execute the Professional Services Contract between the City of Huntington Beach and Scott Fazekas Associates, Inc." 2. "Authorize the Director of Building & Safety to expend $50,000 for Professional Services for plan review services out of 10055201.69365." 0 REQUEST EST FOR 0 Q O ACTION MEETING DATE: July 5, 2005 DEPARTMENT ID NUMBER:BD 2005-2 Alternative Action: The City Council may make the following alternative motions(s): 1. "Deny the Professional Services Contract between the City and Scott Fazekas Associates, 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 over the counter plan review services for minor projects. The applicants who submit projects to the City pay fees for these services and service levels have been established. We are currently not meeting our 3-week service standard for plan review services since the first plan review is now taking 4 to 5 weeks. The existing purchase order for contract plan review services is nearly depleted due to the high volume of construction activity. Therefore, the ability of the Building and Safety Department to provide plan review services in a timely manner continues to be hampered. Staff Recommendation: Staff recommends the City Council approve the amendment to the contract with Scott Fazekas Associates, Inc. for a not-to-exceed amount of$167,475 and authorize the Mayor and City Clerk to execute the documents. Attachment(s): City Clerk's Page Number No. Description 1. Amendment to Contract with Scott Fazekas Associates, Inc. 2. Insurance Waiver 3. Insurance Certificates SFA Contract Revised -2- 6/22/2005 2:49 PM ATTACHMENT NO . 1 • 0 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND SCOTT FAZEKAS & ASSOCIATES FOR PLAN REVIEW SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,hereinafter referred to as "CITY", and SCOTT FAZEKAS &ASSOCIATES, INC., a California corporation, hereinafter referred to as CONSULTANT. WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated October 1, 2004, entitled"Professional Services Contract Between the City of Huntington Beach and Scott Fazekas &Associates, Inc. for Plan Review Services"which agreement shall hereinafter be referred to as the "Original Agreement,"and CITY and CONSULTANT wish to amend the Original Agreement to reflect additional compensation to be paid to CONSULTANT, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. ADDITIONAL COMPENSATION Section 4 of the Original Agreement, entitled "Compensation,"is hereby amended to read as follows: 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 One Hundred Sixty-Seven Thousand, Four Hundred Seventy Five Dollars ($167,475). 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. REST OF PAGE NOT USED 05ag ee/amend fazekas • 0 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officer on VTLU V .57- , 2005 . SCOTT FAZEKAS &ASSOCIATES, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Scott R. Fa as, President/Chief Financial Officer ayo REVIEWED AND APPROVED: ity ler iA��� APPROVED AS TO FORM: City Administrat r I City Att'o-r&y � 1�1 k k�k INITIATED AND APPROVED: Director of Building& Safety 05agree/amend fazekas ATTACHMENT NO . 2 st 't' INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST 1. Requested by: Jan Richards JUN 2 0 2005 2. Date: June 14, 2005 ` 1W0"M04111glur;bed ?`vAttor,eo,;0ffi�. 3. Name of contractor/permittee: Scott Fazekas & Associates, Inc. 4. Description of work to be performed: Professional Plan Review Services 5. Value and length of contract: $50,000 for three months 6. Waiver/modification request: Test revisions on hold harmless and waive $10,000 deduct. 7. Reason for request and why it should be granted: Pan Review services is administering a government process and is not producing a product for the City. Consultant is working with the City and Guided by the City 8. Identify the risks to the City in approving this waiver/modification: No more than hiring a City Employee L_) 6/14/05 Department Head Signature Date: 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. anagement PA rov pp ed ❑ Denied C. Co• o 05 Signature Date 2. City'Attorney's Office ET-Approved ❑ Denied r S Signatu4 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 for SFA-Plan Review 6/14/2005 3:35 PM ATTACHMENT NO. 3 DATE(MM/DD/YYYY) ACORD CERTIFICA OF LIABILITY INSURA FAZOP ID EK-1 06/09 05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION G. S. Levine Insurance C� � � ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Services, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 3 377 Carmel Mountain Road ��D� - •I ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Diego CA 92121 / Phone: 858-481-8692 Fax:858-481-7953 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Greenwich Insurance 22322 N 1-�O K110 INSURER B: Scott Fazekas & Associates •- INSURERC: 9 Corporate Park S-200 INSURERD: Irvine CA 92714 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. OLICY LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM DD/YY)E EX MM/DD/YIRATIY N LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMElf— MERCIAL GENERAL LIABILITY PREMISES(Ea occurence) $ CLAIMS MADE " OCCUR MF-D EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN-L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO- LOC JECT AUTOMOBILE LIABILITY � (Ea accident) ALLSINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS BODILY INJURY 1 ( person) $SCHEDULED AUTOS Per erson HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) r- AS TO I FORM -- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY €r ,A• � AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR El CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ ANY PROPRIETOPJPARTNER/EXECUTIVE — OFFICER/MEMBER EXCLUDED? E-L,DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER A IProfessional DPR9411612 06/05/05 06/05/06 Claim/Agg 1,000,000 ILiability I Ded 10,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Building Safety Plan Check Services Proof of Insurance *10 day notice of cancellation applies for non-payment of premium. XX CERTIFICATE HOLDER CANCELLATION CITYHUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL MAIL 30* DAYS WRITTEN City of Huntington Beach NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Atnn: Mr. Ross Cranmer 2000 Main Street Huntington Beach CA 92648 AU RIZED REPRESE TIVE ACORD 25(2001/08) If ©ACORD CORPORATION 1988 f I ACORD. CERTIFICAOOF LIABILITY INSURAi& OP ID A DATE(MM/DDmYY) FAZEK-1 06 09/05 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 Fax:858-481-7953 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Fidelity and Guaranty Ins. Co. INSURER B: St. Paul Fire And Marine Ins. Scott Fazekas & Associates INSURERC: 9 Corporate Park S-200 INSURERD: Irvine CA 92714 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. IN POLICY EFFECTIVE POLI Y EXPIRATION LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY) DATE MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY BKO1777291 06/05/05 06/05/06 PREMISES(Ea occurence) $ 300,000 CLAl6",S MADEX OCCUR - `J MED EXP(Any cne person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE s2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG s2,000,000 POLICY PRO- JECT LOC Emp Ben. 1,000,000 AUTOMOBILE LIABILITY A ANY AUTO BKO1777291 06/05/05 06/05/06 (EaCOMBINED SINGLE LIMIT $ 1 000 000 CO accident) r r ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIREDAUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY _APPRl"s�7 r j AUTO ONLY_EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ IF AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X TORY LIMITS I I ER _ EMPLOYERS'LIABILITY B ANY PROPRIETOR/PARTNER/EXECUTIVE gW0 2 0 9 2 9 0 9 06/05/05 06/05/06 E.L.EACH ACCIDENT $ 10 0 0 0 0 0 OFF!CER/"AEMBEREXCLUDED? t.L.DISEASE-EAEMPLOYEE $ 1000000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1000000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Building Safety Plan Check Services City of Huntington Beach, its agents, officers and employees are named as Additional Insured per the attached endorsement. *10 day notice of cancellation applies for non-payment of premium. xx CERTIFICATE HOLDER CANCELLATION CITYHUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL 4MMMMON11111111 MAIL 30* DAYS WRITTEN City of Huntington Beach NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Mr. Ross Cranmer 2000 Main Street Huntington Beach CA 92648 =AUZPPRIZEDESEN TIVE ACORD 25(2001/08) 1 ©ACORD CORPORATION 1988 Y • Policy Number: BKO1777291 Owners, Lessees Or Contractors (Form B) ADDITIONAL INSURED THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: LIABILITY COVERAGE PART, SCHEDULE Name of Person or Organization: City of Huntington Beach, its agents, officers and employees Re: Building Safety Plan Check Services SECTION 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 "you r work" for that Insured by or for you. CLBF 22 40 03 95 Includes copyrighted material of Insurance Services Offices,Inc., with its permission. Copyright,Insurance Services Office,Inc., 1994 RESOLUTION A board meeting was held on December 8, 1997 to confirm that SCOTT R FAZEKAS, President, has signature authority to bind the Corporation of SCOTT FAZEKAS & ASSOCIATES, INC. The status remains the same to date. Scott R FazeM6, President ated Corporate Seal: 1785049 € 5049 • NUU.R.82D F ! L E 0 m .hr, ic:3 at the Secretary of State the ^.-•, n! r!,11onmia [JUN 4 1996 ARTICLES OF INCORPORATION OF SCOTT FAZEKAS & ASSOCIATES, INC. i ..eel,$a of sill . I The name of this corporation is SCOTT FAZEKAS & A: OCIATES,. INC. IT The purpose of this corporation is to engage in any : wful act or activity for which a corporation may be organizers ider the General Corporation Law of California other than th- banking business, the trust company business or the pract.. a of a profession permitted to be incorporated by the t Lifornia Corporations Code. III The name and address in -the State of California of tl initial agent for service of process for the corporation is: 0� lliam A. Woodyard, 1948 Port Cardigan, Newport Beach, California Z660. Iv This corporation is authorized to issue only one: :lass of shares of stock; and the total number of shares wl ch this corporation is authorized to issue is One Hundred thousand (100, 000) . IN WITNESS WHEREOF, the undersigned, who is the inc porator of this corporation, has executed these Articles of Incc ;)oration on June 3, 1996. �f SCOTT FAzFEP,, Incorpor t-or • 178504 P A al SECRETARY OF STATE CORPORATION DIVISION 1, BILL JONES, Secretary of State of the State of C'. dornia, hereby certify. That the annexed transcript has been compai d with the corporate record on file in this office, of t i1ch it purports to be a copy, and that same is full, t to and correct. IN WITNESS WHEREOF, !xecute this certificate and affix ie Great Seal of the State of Ca.)if -nia this JUN 5 196 4 I Secretary of Stn L CE-10T(rev,elegy 0 9 RCA ROUTING SHEET INITIATING DEPARTMENT: Building & Safety Department SUBJECT: Approve an Amendment to the Professional Services Contract with Scott Fazekas Associates, Inc. COUNCIL MEETING DATE: i July 5, 2005 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement Unbud et, 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 Attached EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR °RDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL! REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: Z 0j- TO:�VZ 4JOC. Ii JC,. ATTENTION: N AA/9_T� �igstK_ �57�• VcQ DEPARTMENT: streeet /iJE �I� 9,"06 GARDING: �.y,3r�,c,�►r/ �oR� City,state,Zip , See Attached Action Agenda Item G Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: jj�� City Cierk Attachments: Action Agenda Page Agreement ✓ Bonds Insurance ✓ RCA Deed Other CC: , u e D rtment RCA Agreement Insurance Other S t--- Name D4arfinent RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Insurance gJfollowupAefters/coverltr.doc (Telephone:714-536-5227) SU ity Contracts Submittal tc I City Clerk's Office Hum Btacfh. n,k To: City Clerk 1. Name of Contractor: Scott Fazekas & Associates 2. Purpose of Contract: For Exawple:Audit Services or Water Quality.Testing.Huntington Lake—Huntington Central Park Plan Review&rvices 3. Amount of Contract: $82,475.00 Copy of contract distributed to: The ORIGINAL insurance certificate/waiver sent to Risk Management Initiating Dept._ City Treasurer_ ORIGINAL bonds sent to Treasurer CITY CLERK'S OFFICE USE ONLY: Name/ xtens�on ,� '� �m;i City Attomey's Office s ' Date: 3� a g:/Attymisc/forms/city clerk contract transmittal.doc PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SC CL.T F A-A c fls _ $ ass oc k -r� , \_r..) c FOR �ZeUkeuj SERVICES THIS AGREEMENT ("Agreement") is made and entered into this ,G7 day of GT 200�, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and GCOTT � 2�1C 5_ ASgcr_N ATer> vac- , a C fiLkf0At-)%A CoR foRPrT,or') hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to PeRF00-t%1 t Rove%%o"*L_ ?LAN 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: L 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 G c_o T T 'ROZ E K A-5 who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agreelfoms(profsery 10/1901-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 fi t-. '30, -aaog , unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than G�PT, Ol �;?0 05 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 G\ G4t7Y "two 7 Nou5sr� - Fou0- NuNOk D 5,'Vei-Tj F\U E Dollars ($ 12-a, 4 9-0° J. 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 agreelfarms/profservI Oil 5101-A 2 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. b. 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 agrWformsFprofaery 10A 5101-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. PRQ ESSIONAL_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/fonns/profsery 10/15l01-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 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 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 agree/foams/profserv1 Oil 5/01-A 5 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 CONSULTANTS 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 hereinabove. 14. COPYRI HTS ATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. agrodformslprofservl0/15101-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 party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach G c o T T FA 2-E,�eA 5 ATTN-. Voss Q& � M ea- ScoTT FA-zF-y Pt5 k lkssor- 2000 Main Street Huntington Beach, CA 92648 q C o STRI '.;t0?5 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. agmelformalprofaerv10115101-A 7 1$. 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 agrevL/forms/profaery 1 0/1 510 1-A $ 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. ATTORNEYS 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/formalprofkerv1 Oil 5/41-A 9 each party shall bear its own attorney's fees, such that the prevailing parry 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 understandings and agreements whether oral or in writing between the parties respecting the subj ect matter hereof. aggec6onns/profserv10/15/01-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, CITY OF HUNTINGTON BEACH, C d�„ R2e�fl5 aC ,. C a municipal corporation of the State of California �y, 0 hector of xa, 7 k"C. S+A F'e71 By' (Pursuant To HBMC,¢3.03.I00) SCOTT 9' . print name ITS: (circle one)Chairm residen a President APPROV D�AS TO FARM: AND fa /�/'s 0 City Attorney By: C yT T A REVIEWED AND APPROVED: print name ITS: (circle one)Secretary vefFinane' sst. Secretary-Treasurer i" City Adrninlstrato (only far contracts$50,000.00 and over) agmdorms/profserv10/15101-A ]I EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) 1. 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. SFA shall pay all wages to its plan check engineer who are subject to this agreement. jmp/contracts group/exA/9/20/N EXHIBIT "B" Payment Schedule(Hourly Payment) A. Hourly Rate CONSULTANT'S fees plan review services shall be based upon the following: Seventy percent 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 Code Council in Building Standards as adopted by the 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 70% 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 ($150.00). Compensation for plan reviews of reviews to plans that have previously been approved for permit issuance shall be $85.00 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. Minimum billing charges are unacceptable. CONSULTANT shall only charge for actual time spent. For example, minimum of 0.2 hours for phone calls or 0.4 hours for letters is unreasonable unless that is an accurate measure of time spent. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the case or matter. agmedorms/exB-hourly fee/9/20/04 EXHIBIT B I Hourly Payment EXHIBIT "B" Payment Schedule (Hourly Payment) 3. Telephone, cellular phone and postage charges are billable at actual cost. A copy of all service bills/costs should accompany the billing for each single item that exceeds Seventy-Five Dollars ($75.00). The fee for the sending or receiving of facsimiles shall not exceed Twenty-five Cents ($0.25) per page. CITY will not pay a fee or charge for telephone calls or facsimiles to CITY. Photocopier costs should be no more than the actual cost of duplication, or Ten Cents ($0.10) per page, whichever is less. 4. CITY will not pay for secretarial time or secretarial overtime. CITY will not pay for secretarial tasks or tasks that should be subsumed into CONSULTANT's overhead. For example, time spent for faxing, mailing, arranging for messengers and calendaring are not acceptable charges. 5. CITY will not pay for word processing charges. This includes per page or hourly charges. 6. CITY will not pay for billing or discussion of bills. If CITY has questions about billing or needs additional information on bills, that is not a chargeable event; CONSULTANT should respond without charging CITY for the time required. 7. CITY appreciates when CONSULTANT has researched an issue previously and uses that research on the present case. CITY has retained CONSULTANT because of its past experience. CONSULTANT shall not charge CITY for work it has done and billed another client for in the past. 8. 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. 9. 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; D) 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 E) For all payments include an estimate of the percentage of work completed. agree/forms/exB-hourly fee/9/20l04 EXHIBIT B 2 Hourly Payment EXHIBIT "B" Payment Schedule(Hourly Payment) 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. 10. 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. agree/fomis/exB-hourly fee/9/20/04 EXHIBIT B 3 Hourly Payment i INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST 1. Requested by: Jan Richards 2. Date: Se tember 22 2004 3. Name of contractor/permittee: Scott Fazekas & Associates Inc. 4. Description of work to be performed: Professional Plan Review Services 5. Value and length of contract: $82,475 for one_Xear 6. Waiver/modification request: Test revisions on hold harmless and waive $10,000 deduct. 7. Reason for request and why it should be granted: Pan Review services is administering a government process and is not producing a product for the City. Consultant is working with the City and Guided by the City 8. Identify the risks to the City in approving this waiver/modification: No more than hiring a City Employee 9/22/04 Depa men ead Signature Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management and the City Attorney's Office disagree. I k Managementr Approved ❑ Denied `1 -7 �L 4 Signature Date 2. City Attorney's Office �Gdvc+,�t.... 6^15 Approved ❑ Denied 19 ! #/be/ ` Signature Date 3. City Administrator's Office ,❑Approved ❑ Denied lfYaG-o` Signature Date If approved,the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be fled with the Risk Management Division of Administrative Services Documentl 9/22/2004 2:13 PM Aug 23 2004 6:21AM HP LASERJET FAX p. 4 AC-OM, CERTIFICATE OF LIABILITY INSURANCE Cs °"��oma Q ilIDDI1C9t TALTER ilt$CERTIFICAT$1S! D AS A IAAT 1$R OF INFORMATION 0. J3. Levine rnsu�Ce NLY AND CONFERS NO RKWM UPON THE CERTIFICATE Services, inc. OLDER.THIS GERTWICATE[TOES WOT AMEND,EVEND OR 3377 Caaoel. Nbuntai.n 90ad THE COVERAGE AFFORDED 13Y THE POLICIES BELOW. -laT3 Diego CA 92121 Ame:858-401-8692 FsY:858-+i81-7953 URERSAFF�INGCOVERAGE NAIC0 BOOMED -- - RER A: Greev<wich Insurance 22322 ScoatrtpFamakes 6 A"ar.Lates 9 Crvsa� ra 92Piik 9-280 IMSURER E GE$ THE POLICIESOF f'ISURANCE LISTED$BLOW HJWE BEEN ISSUED TO THE INSURED W1MED ABOVE FOR THE POLICY PERIDD INDICATED.NOTWITHSTANOMq ANY REQUIREMENT,'FERN OR CAmwnou OF NOYCOINTRACT OR OTHER DOCUBENTVRTH REIIPECT TO VMCH 1M6 CEIRTIFICATE MAYBE ISSUED OR YMY PERTAIN,THE 4NSURANCE AFPORDED BY rwr PoLoEs OESCREIED NEREN N SUJlX 1CT To ALL 1TIE TERMS.8 OWSRTNs AND CONDITTONS OF SUCH POLICIES.AGGREGATE WIFT3 SHOWN MAY HAVE BBEII REDUCED BY PAID CLAMS. Rom TYfE aF E FOLm I'lumm TEE Laffm aETtI3tA1LIAB�iIY EACH OCCURRENCE a 7 CO M FJWKLGENERAL LIABILITY PREliR$E$Ei11: s CLAMIB MADE 17 DOCUR MED eV wT w*p—p S PERSONALRADYINJURY = OEHERALAGC�G,ITTE S 00IL AGGAWATE LMST APPLIES PJ$T PR8DIICTS-CORPIDP AMs T+OLICY Lac S ANY ALTTD WA"Dwmi ALL 09MNIM AUTOS BODILY INJURY $ MIEDULEDAUIMS (FIKIM&s M) HIRED AUTOS 6ODR.Y INJURY NON�IM IED AUTOS (Per aocid" = t� �Q O�s W � PROPERTY Ow' $ Y�„ F+"'_ }/ �W (peraucldar�l GARAQR L W sLITY � � AUTO ONLY-EA ACCIDENT S ANY AVM lE OTHER TITAN EA ACC' ` 1 AUTO ONLY_ AGG s ■IceaaAlllaITELLA LNUMMY EAC"000URRT*CE s OCCUR CLAW MADE t�"�Y AGGREGATE s s DeoUCTRTLE ; 1EcTENTIDN f 4 MpIt1iENBCOIR'Es1iATTOMAND TORYLMNTS ER ANY C EL EACH ACCIDENT i OFFIC.ERNiE> O� UTV: EL E HSH•EA EMPLOYEE s II�s,,d�robslffdu $pEC1AL P'ADNISiD a Wow E•L.DBTEA$E•POLICY GIIRT S OTNER JL Frofessicaal D"0011995 .06/05/04 06/05/05 Claim/Aqq $1,000,000 Liability Ord. 10 t 000 oEscRR>•TTOM aF aPErUlltlollw,LOLA7k1Ns,wEluAr.E f EJICLLlaIDMe ADoeD w EAIDOR$NMEMF!ap®caL./RGIIlSIpYi VA Bulilda.aq Safety 224m Check service* kroot of Insurance *10 dsY notice of aanc 1lation applira for can-paynmmt of preaium. ]pt CERTIFICATE HOLDI=R CANCELLATION (+rTyj= SHOULDANYOPTWAOMDEW.PM DROLTC{ESE!CANCELUDM RMTTI[axPIRATM DATE THERN1.IMIS A"INSAWWlLW1LL PAIL 30* h4YYswmwvm r-itg of V=t;I ngt0n Ekmch AIOTKS TO T m MOLOM MAN®TO Tw LEFT NWPMRMM Atnn: bW. Rona Czimmo r 2000 min str"t EaDtington Beach CA 92648 MlPRE6B t1I16 ACORD 26(241 joB} ACOfiD CORAORATlQN/9,6 Rug 23 2004 6:21AM HP LASERJET FRX p' 2 - �Ct]RDM CERTIFICATE OF LIABILITY INSURANCE 24/04' yARR� Q6 PNODUCNM TiM CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION a- S. Zmviae lnat=alace ONLY AND CONFERIS NO RIGHTS UPON THE CERTIFCATE Bervices, Inc. WOLOER.TMR►CERTIFICATE DOES NOT AMEND.EXTENT}OR 3377 Carmel [fountain Ro" ALTER THE COVERAGE AFFORM BY THE POL CMM BELOW. .an Vlelgo CA 92121 t10ft*:858-491-8692 [Pax:858-481-7953 INSURERS AFFORDNG COVERAGE NAIC s 1NSIN18D �- IN$URpZA BLdelity and Q,—Mtx Ln-. (a. — �NBURERB: &L. Fau2 sir-And )%tiw ins. saatt PaLze eas E Amoco ton INSIfRER C: 9 Corporate 714 k 8-200 rrsuRlaN u: - -- Trvine G 92 USURER CC?1fERJl(3ES THE P000*3 OF"kRANCE LISTM BELOW NNE BEEN ISSUED TO TW INSURM HIND ABOVE FOR THE POLICY PERNOD INMATED.HWVY1TFETANDNG ANY Fa(]I1RlOMR.MW OR CONBITION OF ANY WNFRACTOR OTHER DOCUMENT WITH RESPECTTO TOUCH THM CERTIFICATE MAY8E ISSM OR MAY PERTAIN,THE MWKAMM AFFOROM BV THE POLICIES DESC MM HEREIN IS SU ffiCTTO ALL THE TERNS,MLLSIONS AND CONW13NS OF$UCH POLIC*5,AGME"TE UMFTS SHOWN I MAY NAVE SEMMIXICED BY PAID CLAIMS. LTRTvprm OF pmlame Poucy NUMe®! BA L.MITIls GEwERALLv=LJTY EMSNN OCCURRENCE i1,Q(10 000 A X X cs CLA GvwRALLIABIuTY BR01777293. 06/05/04 06/D5/05 PWWISES s300 000 CLANS MADE 4]OCCUR MFD For Wm—aemrt) I s 10 000 PERSONAL S ADV IN AIRY i 1 00Q 000 OENEAAL AGGMGATE i 000 000 GENII.AGCREaATELUT APPLES MR PwaMCM-CwP;aPAM $2 000 000 PvucY Loc aup Bonn. 2.000.000 anew Uuff IurpalOeCLE LwelN.m ll ATNYAuro ORD1777291 06/05/04 06/05/05 IEr""'b" 1 $1,000,000 ALL OMINE?AUTO$ SODA'Y MURY SCHEMr ED AUTOS (PerPM�+I a x NIREOA TOO Boar IN,M,RY i X Nont•O *M AUTOS �+ k PROPE7RYOOM44M NF {pet e�CNII pARAOE LI UM" AUTO ONLY-EA ACCIDENT S ANY AUTO OTHM EAACC a AUTO ONLY- AGG a I= RELLAL AW-" EACH OCCUFVIENCE a OCCUR CLAIMS WAGE A00FIFGATE i i NWUGTlu S IrsEregNTlloN s a welaoaPaNSATFOHAHa X l.rrrlrTB R . B amR�PARTra�+oaealTlue sMIS11834 06/05/04 06/05/05 EL SAMAOC%xW 141000000 nFFN;EREA ExCI i1D�7 E.L DII3EABE-EA EIINPLOYEE a 10000t10 SPECM PPRROMISIONIC Eder RL 0MIkSE-MJCYLWr i IL000000 OTHM 0050101DN aF asRAYION#r LOLTON r E,►SFCLUMDN:ADD E,►iF FIENT I SPEC„L PFAMIaONS Re, Su: din Safety PIAM Check Selavioem Craty of SuntLngton Borsch, tts agents, offleets and employees axe mead as Additional Insured per the attached enddrsalAusnt. *10 day notiee. of cancellatiorl apppliew for neon-paymeat of pzwaiva. xz CERTWICATE HOLDER CANCELLA7ION C11.Mp SWWLI)AWOFTMADMEDMRM!DPOLAMBEGN#MLEOIBEWE7ftgXP*tAIM BATt!Tl .THE CINSlNIN6 D1B1IINp1 IIMILL 1dNeeIIC1Mw alaL 30* D*Ys VNIIan'I19N City of RuntIMA3tan Beaacb NO'ncETo THE cl ►wMOLDERNAMWTOTNeelter, Attu: Mr. Ross Craraner 2000 win Suet 1 1:7 MuntingtpNrrR Beach CA 92648 7LA.IZ7TIVE�� ACORD 25 PM MI 0^[FORD CORPORATION 1988 APVNIFER D AS TO FOR JE WGRATH,City Attorney Aug 23 2004 6: 21AM HP LASERJET FAX P'3 Policy Number: BKO1777291 Owners, Lessees Or Contractors (Form B) ADDITIONAL INSURED THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ H CAREFULLY. This endorsement modifies insurance provided under the following: LIABILITY COVERAGE PART, SCHEDULE Name of Person or Organization: Per the attached certificate SECTION II-WHO IS AN INSURED is amnded to inchode Schedule, but only wilt respect to liability arising as an insured the person or organization shown in out of nyour work" for that insured by or Eor you. .v CUBF 22 40 03 95 includes copyri&ed material of lnm=ce Swviees Offices, Inc.,with its permission. Copyright,Insurance Services Office, Inc., 1994 s sty PROFESSIONAL SERVICE CONTRACTS Hch� PURCHASING CERTIFICATION 1. Requested by: Jan Richards 40, 2. Date: September 23, 2004 3. Name of consultant: Scott Fazekas Associates, Inc. 4. Description of work to be performed: Plan Review Services 5. Amount of the contract: $82,475.00 6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No 7. Company number and object code where funds are budgeted: 10055301.69365 8. Is this contract generally described on the list of professional service contracts approved by the City Councils? ® 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?' 9 Yes, ❑ No 10. Were (at least) informal written proposals requested of three consultants? N Yes, ❑ No Explanation: 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. r R HA D AMADRIL., Ma ager Purchasing/Central Services t If the answer to any these questions is"No," the contract will require approval from the City Council. Documentl 9/23/2004 1:46 PM Proposals for Plan Review Services Rates as of 9/23/04 Plan Check SFA, Inc. 70% of the building permit fee 19 Corporate, Ste. 200 calculated per Table 3A of the 1991 Irvine, CA 92606-0000 Administrative Code 949/475-2901 EsGil Corp None Available 9320 Chesepeke Drive, Ste. 208 San Diego, CA 92123 858/560-1468 CSG Enterprises, Inc. 70% of the building plan review 151 Kalmas Drive, Ste. C-200 fee collected by the City Costa Mesa, CA 92626 714/444-9592 Note: The fee charged by SFA, Inc. is lower than CSG because it is based on an older code. RESOLUTION A board meeting was held on December 8, 1997 to confirm that SCOTT R. FAZEKAS, President, has signature authority to bind the Corporation of SCOTT FAZEKAS & ASSOCIATES, INC. The status remains the same to date. Scott R Faz , President ated Corporate Seal: 845049 a , 14 SECRETARY OF STATE CORPORATION DIVISION I, BILL JONES, Secretary of State of the State of C. ifornia, hereby certify. That the annexed transcript has been compa.i d with the corporate record on file in this office, of � rich it purports to be a copy, and that same is full, t to and correct. IN W.ZTIVESS WHEREOF execute this certificate and aff i -� ie Great Seal of the State of Cal if nia this JUN 5 196 A ` A II Secretary of Shi 89NBta16 Form CE-107[rev.9198y 1785049 F # L E D ;rt ::, �;, aS Ihe Serrelaty Af 3lME+ JUN 4 1996 ARTICLES OF INCORPORATION OF SCOTT FAZEKAS & ASSOCIATES, INC. JONES,se"M we I The name of this corporation is SCOTT FAZEKAS & A, OCIATES, INC. The purpose of this corporation is to engage in any . v7ful act or activity for which a corporation may be organized ides the General Corporation Law of California other than th banking business, the trust company business, or the pract.. a of a profession permitted to be incorporated by the c Lifornia Corporations Code. zzz The name and ,address in the State, of California of ti initial agent for service of process for the corporation is: „ Lliam A. Woodyard, 1948 Poz-t Cardigan, Newport Beach, California ?660 . IV This corporation is authorized to issue only ane ;lass of shares of stock; and the total number of shares sA ch this corporation is authorized to issue is one Hundred Chousand (100, 000) . IN WITNESS WHEREoF, the undersigned, who is the inc ,porator of this corporation, has executed these Articles of Incrc )oration on; June 3 , 1996, SCOTT FAZE , incorpcz ;.or ,