HomeMy WebLinkAboutSCOTT FAZEKAS & ASSOCIATES, INC. - 2006-11-13 Council/Agency Meeting Held: eZ
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied �4 City er 's ignatu
Council Meeting Date: ;5/21/2007_ Department ID Number: BD2007-3
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CI OUNCIL
SUBMITTED BY: P NELOPE CULBRETH-GRAF CITY ADMINISTRATO��
PREPARED BY: ROSS D. CRANMER, DIRECTOR OF BUILDING & SAFETY
SUBJECT: AMENDMENT NO. 2 TO SCOTT FAZEKAS &ASSOCIATES, I C.
AGREEMENT
[statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue:
The Building and Safety Department currently has two vacant inspector positions. Due to the
inability to attract full time staff, the department needs to retain contract inspectors through
September 30, 2007 to ensure adequate inspection services to our customers
Funding Source:
Funds are available in Building & Safety Department business unit 10055201.51000
Recommended Action:
Motion to:
1. "Approve Amendment No. 2 to the Agreement between the City of Huntington Beach
and Scott Fazekas Associates, Inc. and authorize the Mayor and City Clerk to execute
the Amendment No. 2."
2. "Approve a Budget Appropriation to transfer $176,000 from Permanent Salaries
(10055201.51000) to Professional Services (10055201.69365).
3. "Authorize the Director of Building & Safety to expend an additional $176,000 for
Professional Services for inspection services."
Alternative Action(s):
1. "Deny the request and direct staff accordingly." ZE7- 7
Analysis:
The city's attempt to fill five vacant building inspector positions through an extensive
.recruitment process resulted in the hiring of three inspectors but left two vacant inspector
positions. Our experience in assisting other municipalities in their recruitment activities has
confirmed the presence of a region-wide problem in recruiting qualified inspection candidates
due to continued high construction activity.
Scott Fazekas & Associates, Inc. currently provides contract inspection services to the City.
The original agreement for contract inspectors was executed on November 13, 2006 for
$100,000. Amendment No. 1 was approved by Council on January 2, 2007 adding $136,000
from the approved professional services operating budget to fill vacant positions until the
permanent positions were filled. The RCA and Contract Amendment No. 1 assumed that the
five positions would be filled by March 2007. As stated above, we were unsuccessful in filling
two of the five positions resulting in the need for additional funding for contract inspectors.
The recommended action proposes transferring $176,000 from permanent salaries to
professional services and approval of the amended contract to fill the positions with contract
inspectors through September 30, 2007. There is no fiscal impact to the city because
savings from the vacant full time positions will be utilized for this amendment.
Staff recommends the City Council approve the amendment to the agreement with Scott
Fazekas & Associates, Inc. for a not-to-exceed total contract amount of $412,000 and
authorize the Mayor and City Clerk to execute the documents.
Scott Fazekas & Associates, Inc. is well respected in the industry and continues to provide
exceptional services for the City of Huntington Beach. Also, Scott Fazekas & Associates,
Inc. works exclusively for government agencies avoiding any conflict of interest with private
developers.
Strategic Plan Goal:
Provide quality public services with the highest professional standards to meet community
expectations and needs, assuring that the city is sufficiently staffed and equipped overall.
(Goal No. C-2)
Environmental Status: Not applicable
Attachment(s1:
NumberCity Clerk's
Page Description
1. Amendment No. 2 to Agreement with Scott Fazekas & Associates, Inc.
dated May 7, 2007
2. Amendment to Agreement with Scott Fazekas & Associates, Inc. dated
Janua 2, 2007
3. Professional Services Agreement with Scott Fazekas & Associates Inc.
dated November 13, 2006
BuildingAdmin/RCAW2007-3
ATTACHMENT 1
AMENDMENT NO 2 TO AGREEMENT
BETWEEN THE CITY OF HUNTINGTON BEACH
AND SCOTT FAZEKAS & ASSOCIATES, INC.
THIS AMENDMENT NO. 2 is made 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
"Fazekas."
WHEREAS, City and Fazekas are parties to that certain agreement dated November 13,
2006, entitled "Professional Services Agreement Between the City of Huntington Beach and
Scott Fazekas & Associates, Inc., for Building Counter and Inspection Services," which
agreement shall hereinafter be referred to as the "Original Agreement," and
On January 2, 2007, City Council approved amendment to the Original Agreement to
increase fees to be paid to Consultant by $100,000 for a new total fee of$236,000.00; and
City and Fazekas now wish to amend the Original Agreement, as previously amended, to
increase the fees by $176,000.00,
NOW, THEREFORE, it is agreed by City and Fazekas as follows:
1. AMENDMENT OF SECTION 3.1 ENTITLED "FEE"
Section 3.1 of the Original Agreement, entitled "FEE," is hereby amended to read
as follows:
3.1 Fee. CITY agrees to pay the hourly rates established in Exhibit "A". This
rate is based on current FAZEKAS costs and is subject to change when costs
change due to factors which are beyond the control of FAZEKAS (such as
insurance, payroll tax, etc.). Any adjustments made will be commensurate with
increased costs to FAZEKAS, and must be pre-approved in writing by CITY.
The total amount of fees paid to FAZEKAS under this Agreement, including all
costs and expenses, shall not exceed Four Hundred Twelve Thousand Dollars
($412,000.00).
07-985/9268 1
2. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the
Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their authorized officers on Mtq L/ 4A/ �}
SCOTT FAZEKAS & ASSOCIATES, INC. CITY OF HUNTINGTON BEACH, a
A California corporation municipal corporation of the State of
California
By:
print name
,l1,�.
ITS: A ,� ,�►. .� ., "�
(circle one)Chairma reside ice President
ayor
AND
By.
City Clerk*lo+
a,�k�s -
4 U
print name INITIATED AND APPROVED:
ITS: (circle one) Secretar ief Financial Offic Asst. Y4,
Secretary-Treasurer t—
Director of Building and Safety
REVIEWED AND APPROVED:
City Ad inistrator
ED AS TO FORM:
y Attorney
07-W/9268 2
CITY OF HUNTINGTON BEACH
_ Professional Service Contracts
: Purchasing Certification
Amendment # .SS-
Date: May 1, 2007
1. Department: Building and Safety
2. Requested By: Jan Richards
3. Name of Consultant: Scott Fazekas Associates, Inc.
4. Amount of Original/Prior Contract: $236,000
5. Additional Compensation Requested: $176,000
6. Reason for Contract Amendment:
Unable to fill permanent inspector positions and need to continue to use
contract inspectors.
7. Are sufficient funds available to fund this contract? Yes ® No ❑
8. Company number and object code where funds are budgeted:
Requested in RCA dated 5/7/07
Transfer From: Transfer TO:
10055201 . 53100 10055201 .69365
-Z
Department Head Signature RICH RD AMADRIL, Manager
Central Services Division
ATTACHMENT 2
Council/Agency Meeting Held:
Deferred/Continued to:
gApproved Ll Conditionally Approved U Denied ep City S Si 9 ature 1
Council Meeting Date: January 2,2007 Department ID Number: BD 2007-1
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY CNNCIL
SUBMITTED BY: PENELk-C-b`LRETaHa-GtRaAt? ,"Cl ADMINISTRATOR
PREPARED BY: ROSS CRANMER, DIRECTOR OF BUILDING & SAFETY
SUBJECT: AMENDMENT TO AGREEMENT WITH SCOTT FAZEKAS &
ASSOCIATES, INC. FOR INSPECTION SERVICES
Statement of Issue,Funding Source,Recommended Action,Alternative ActIon(s),Analysis,Environmental Status,Affachmer*s)
Statement of Issue:
This is a request to amend an existing Professional Services Contract for inspection services
in the amount of$136,000 with Scott Fazekas Associates, Inc. The amended contract is for
a total amount of not-to-exceed $236,000.
Funding Source:
Funds are available in Building & Safety Department business unit 10055201.69365
Recommended Action:
Motion to:
1. "Approve the Amendment to the Agreement and Authorize the Mayor and City Clerk to
execute the Agreement Amendment between the City of Huntington Beach and Scoff
Fazekas Associates, Inc."
2. "Authorize the Director of Building & Safety to expend an additional $136,000 for
Professional Services for inspection services."
Alternative Action(sl:
1. "Deny the request and direct staff accordingly."
i
F
i
REQUEST FOR CITY COUNCIL_ ACTION
t
MEETING DATE: January 2, 2007 DEPARTMENT ID NUMBER: BD 2007-1
i
4
Analysis:
s
The Inspection Services Division of the Building & Safety Department performs construction
inspections on a wide variety of commercial, industrial, and residential structures. These
inspections focus on structural components, life safety elements, energy conservation,
handicapped accessibility, and electrical, plumbing and mechanical systems. The purpose of
these inspections is to ensure that contractors and owner-builders construct their projects in
a manner consistent with the approved construction plans and adopted codes so that the
project is safe for all occupants.
i
We have been utilizing contract inspection services as a result of five (5) permanent building
inspector vacancies within the Department. This was anticipated in the budget process thus
salaries were reduced and contract services were increased to a total of$236,000.
The existing $100,000 purchase order for contract inspection services is nearly depleted.
Therefore, we are requesting an amendment to the Scott Fazekas Associates, Inc. contract
of an additional $136,000 to provide these services until the permanent positions are filled.
The total contract amount will be not to exceed $236,000, which is budgeted as stated
above.
i
Environmental Status:
Not applicable
Attachment(s):
City Clerk's
Page NUrnber No. Description
1. Amendment No. 1 to the Scott Fazekas Associates, Inc. Contract
2. Agreement to Scott Fazekas Associates, Inc. dated
November 13, 2006
-2- 1211412006 2.49 PM
Y
f
AMENDMENT TO AGREEMENT
BETWEEN THE CITY OF HUNTINGTON BEACH
AND SCOTT FAZEKAS&ASSOCIATES,INC.
t
THIS AMENDMENT is made by and between the CITY OF HUNTINGTON BEACH,a
California municipal corporation,hereinafter referred to as "City," and SCOTT FAZEKAS & f
ASSOCIATES,INC.,a California corporation,hereinafter referred to as "Fazekas."
WHEREAS,City and Fazekas are parties to that certain agreement dated November 13,
2006,entitled"Professional Services Agreement Between the City of Huntington Beach and
Scott Fazekas&Associates,Inc., for Building Counter and Inspection Services,"which '
agreement shall hereinafter be referred to as the"Original Agreement,"and
City and Fazekas wish to amend the Original Agreement,
NOW,THEREFORE,it is agreed by City and Fazekas as follows:
1. AMENDMENT OF SECTION 3.1 ENTITLED "FEE"
Section 3.1 of the Original Agreement,entitled"FEE," is hereby amended to read
as follows:
3.1 Fee. CITY agrees to pay the hourly rates established in Exhibit"A". This
rate is based on current FAZEKAS costs and is subject to change when costs
change due to factors which are beyond the control of FAZEKAS(such as
insurance,payroll tax,etc.). Any adjustments made will be commensurate with
increased costs to FAZEKAS,and must be pre-approved in writing by CITY.
The total amount of fees paid to FAZEKAS under this Agreement,including all
costs and expenses, shall not exceed Two Hundred Thirty-six Thousand Dollars
($236,000.00).
2. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the
i
Original Agreement shall remain in full force and effect.
1
06-719/6194
IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be
executed by their authorized officers on %�N aigg y 0,-.k
SCOTT FAZEKAS &ASSOCIATES,INC. CITY OF HUNTINGTON BEACH, a
A California corporation municipal corporation of the State of
California
By:
print name •
ITS:(circle one)chairrnant5�ce President
May
AND
BY: "&-"ol e City VJerk t(lbi
print Lame AP 3lQ D AS TO FORM:
ITS: (circle one)secretary,
Secretary-Treasurer
ty Attorney
�2� r
INITIATED AND APPROVEIJ-:
Director of Building and Safety
REVIEWED AND APPROVED:
tity Ad4nistrator
2
06-719/6194
ATTACHMENT 3
PROFESSIONAL SERVICES AGREEMENT BETWEEN
------ - ---- -----T-HE-CJT-"V-H-UNTINGTON-BEACH--NND-SCOTT-
FAZEKAS & ASSOCIATES, INC., FOR BUILDING
COUNTER AND INSPECTION SERVICES
THIS AGREEMENT ("Agreement") is made and entered into 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 "FAZEKAS".
WHEREAS, FAZEKAS 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
WHEREAS, economic reasons exist which make it in the best interests of CITY to
discharge certain of its responsibilities through the use of FAZEKAS employees;
NOW, THEREFORE, in consideration of the promises, covenants, and warranties
hereinafter set forth, the parties hereto mutually agree as follows:
ARTICLE 1
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:
1.1 "Current Payroll" means the Payroll schedule set forth on Exhibit "A", which is attached
hereto and incorporated herein by this reference.
1.2 "Employees" means those individual persons who are subject to the terms of this
Agreement and whose position is described on Exhibit "B", which is attached hereto and
incorporated herein by this reference.
1.3 "Employee Tax Forms" means all forms applicable to the Payroll which are required by
the United States, the 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 Withholding 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.
06-647/5548 1
1.4 "Employer Tax Forms" means all forms required to fully and properly report the Payroll
to-the--Unitcd-States;ti-�Sta e an—lc or oea governments, 'inclining L n e�Ic-States Department of
the Treasury, Internal Revenue Service Form 941 (Employer's Quarterly Federal Tax Return for
Federal Income Tax Withheld from Wages and for Federal Insurance Contributions Act Taxes),
Form 940 (Employer's Annual Federal Unemployment Tax Return), and comparable and/or
counterpart forms prescribed by the State and/or local government in which Employees are
performing services pursuant to this Agreement.
1.5 "Pay Period" means the interval between payments to Employees.
1.6 "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), employer costs pursuant to the Voluntary Compensation Plan (if
any), and employer listed service fees (as applicable).
ARTICLE 2
IMPLEMENTATION
2.1 Relationship of Parties. Effective at the commencement of business on the 1st day of
October, 2005, FAZEKAS will provide to CITY those Employees for CITY to select from for
counter and inspection service positions in CITY's Building & Safety Department, which
positions are described in Exhibit "B", and whose rate of pay are set forth on Exhibit "A", and
CITY hereby accepts such Employees on the terms and conditions provided in this Agreement.
2.2 Term of Agreement. This Agreement and the rights and obligations of CITY and
FAZEKAS shall commence on the effective time and date specified in Paragraph 2.1 and shall
continue until September 30, 2009, or as earlier terminated as set forth herein. This Agreement
may be terminated by either party with or without cause upon thirty (30) days prior written
notice. In the event of termination by CITY, FAZEKAS shall be paid for all services performed
prior to the effective date of termination.
2.3 Specification of Services and Approval of Compensation. CITY may, by notice to
FAZEKAS, accept, modify, reject or terminate with or without cause the services and/or rate of
compensation of any and all Employees leased to CITY in accordance with this Agreement. In
the event of termination 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 FAZEKAS of 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.
2.4 Employer Duties of FAZEKAS. FAZEKAS 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
06-647/5548 2
t
all amounts due and owing pursuant to the payroll tax returns and reports which are prepared and
—fitedi; repave, i e, and amisl to�mpp oyees appp icable—Employee ax Fonns; and (6)
prepare and file, with a copy to CITY, applicable Employer Tax Forms. In the event of
termination of any Employee as provided by Paragraph 2.3, FAZEKAS shall provide placement
assistance to that Employee by listing that Employee at no charge to the Employee in
FAZEKAS's job listing service.
2.5 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 FAZEKAS immediately of all
Employee illnesses, accidents, injuries, and absences. However, the parties agree that CITY
shall provide no salary or benefits to the Employees under this Agreement.
2.6 Workers' Compensation,Health, and Other Benefits. Pursuant to California Labor Code
Section 1861, FAZEKAS acknowledges awareness of Section 3700 et seq. of this Code, which
requires every employer to be insured against liability for workers' compensation; FAZEKAS
covenants that it will comply with such provisions prior to commencing performance of the work
hereunder. FAZEKAS shall maintain workers' compensation and employer's liability insurance
in an amount of not less than the State statutory limits. FAZEKAS shall require all
subcontractors to provide such workers' compensation and employer's liability insurance for all
of the subcontractors' employees. FAZEKAS shall furnish to CITY a certificate of waiver of
subrogation under the terms of the workers' compensation and employer's liability insurance and
FAZEKAS shall similarly require all subcontractors to waive subrogation. FAZEKAS also shall
provide various health and other benefits to Employees under a cafeteria plan which permits each
Employee to choose the type of benefits he or she will receive.
2.7 General Liability Insurance. In addition to the workers' compensation insurance and
employers' liability and FAZEKAS's covenant to indemnify CITY, FAZEKAS shall obtain and
furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage
covering the Agreement. The policy shall indemnify FAZEKAS, 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 Agreement, 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 One Million Dollars ($1,000,000.00) per
occurrence. If coverage is provided under a form which includes a designated general aggregate
limit, the aggregate limit must be no less than One Million Dollars ($1,000,000.00) for this
Agreement. The policy shall name CITY, its officers, elected or appointed officials, employees,
agents, and volunteers as Additional Insureds. Under no circumstances shall the above-
mentioned insurance contain a self-insured retention, a "deductible" or any other similar form of
limitation on the required coverage in excess of Ten Thousand Dollars ($10,000).
06-647/5548 3
2.8 Certificates of Insurance. Prior to commencing performance of the work hereunder,
s -a rnish o —cer6ficates of iris—uran e�bu feeoto approval—of-the---City
Attorney evidencing the foregoing insurance coverages as required by this Agreement; the
certificates shall:
A. provide the name and policy number of each carrier and policy;
B. shall state that the policy is currently in force; and
C. shall promise that such policies shall not be suspended, voided or canceled by
either party, reduced in coverage or in limits except after thirty (30) days' prior
written notice.
FAZEKAS shall maintain the foregoing insurance coverages in force until the work under this
Agreement is fully completed and accepted by CITY. The requirement for carrying the
foregoing insurance coverages shall not derogate from the provisions for indemnification of
CITY by FAZEKAS 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. FAZEKAS shall pay, in a
prompt and timely manner, the premiums on all insurance hereinabove required.
2.9 Disposition of Plans, Estimates and Other Documents. FAZEKAS 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 FAZEKAS shall turn
over these materials to CITY upon termination of each Employee (as applicable), or upon
expiration or termination of this Agreement, whichever shall occur first. These materials may be
used by CITY as it sees fit.
ARTICLE 3
COMPENSATION
3.1 Fee. CITY agrees to pay the hourly rates established in Exhibit "A". This rate is based on
current FAZEKAS costs and is subject to change when costs change due to factors which are
beyond the control of FAZEKAS (such as insurance, payroll tax, etc.). Any adjustments made
will be commensurate with increased costs to FAZEKAS, and must be pre-approved in writing
by CITY. The total amount of fees paid to FAZEKAS under this Agreement, including all costs
and expenses, shall not exceed One Hundred Thousand Dollars ($100,000.00).
3.2 Payment Address. All payments due FAZEKAS shall be paid to:
Scott Fazekas& Associates, Inc.
9 Corporate Park, Suite 200
Irvine, CA 92606-5132
3.3 Terms of Compensation. Invoices are due within thirty (30) days of receipt. Delinquent
payments will be subject to a late payment carrying charge computed at a periodic rate of one
06-47/5548 4
percent (1%) per month, which is an annual percentage rate of twelve percent (12%), which will
be applied o an unpaid balance owe c�encin —thi 0 —da s aftei C1 It's recei t of ari —"-
PP Y P g Y ) Y P
invoice from FAZEKAS. Additionally, in the event CITY fails to pay any undisputed amounts
due FAZEKAS within forty-five (45) days after CITY's receipt of an invoice from FAZEKAS,
then CITY agrees that FAZEKAS shall have the right to consider said default a total breach of
this Agreement and the duties of FAZEKAS under this Agreement may be terminated by
FAZEKAS without liability to FAZEKAS upon ten (10) working days advance written notice.
3.4 Additional Services. CITY may request FAZEKAS to perform additional services not
covered by this Agreement, such as recruiting services, and FAZEKAS shall perform such
additional services and will be paid for such additional services when they are mutually agreed to
and made part of this Agreement by written amendment of the parties.
ARTICLE 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. FAZEKAS shall have no control over such government
responsibilities and such ordinances, resolutions, rules, regulations, and procedures.
ARTICLE 5
INDEMNIFICATION
FAZEKAS shall indemnify, defend, and hold harmless CITY, its officers, elected or appointed
officials, employees, agents or volunteers for the purposes of all required payroll deductions and
withholdings, legally required workers' compensation insurance, and health benefits of the
Employees. However, inasmuch as the CITY shall supervise the daily activities of the
Employees, and inasmuch as the Employees will discharge government responsibilities and
perform in accordance with the ordinances, resolutions, rules, regulations, and procedures
adopted by CITY, (1) FAZEKAS and its Employees shall be entitled to all protection and
immunities of government employees, including without limitation, those provided in California
Government Code, Title 1, Division 3.6, Claims and Actions against Public Entities and Public
Employees; and (2) CITY does release and agree to indemnify, defend and hold harmless the
Employees, FAZEKAS, and FAZEKAS's agents, personnel, directors, and officers from any and
all actions, claims, damages or injuries to persons or property, penalties, obligations or liabilities
arising out of or related to the services performed under this Agreement to the extent they are not
covered by FAZEKAS's insurance, except such loss or damage caused by the negligence or
willful misconduct of FAZEKAS, or FAZEKAS's agents, personnel, directors or officers, or any
of them. Notwithstanding anything to the contrary including CITY's obligations under this
Article 5, FAZEKAS acknowledges and agrees that its insurance shall be the sole and primary
coverage up to the policy limits, and that City's obligations under this Article 5 shall not be
triggered until FAZEKAS's insurance coverage has been exhausted.
064AW5548 5
i
ARTICLE 6
GENERAL PROVISIONS
6.1 Representation. A CITY representative shall be designated by CITY and an FAZEKAS
representative shall be designated by FAZEKAS as the primary contact person for each party
regarding performance of this Agreement. The following are the designated representatives:
Scott Fazekas for FAZEKAS
Ross Cranmer for CITY
6.2 Independent Contractor. FAZEKAS acknowledges and agrees that FAZEKAS and the
Employees are, and shall be, acting at all times in the performance of this Agreement as
independent contractors herein and not as employees of CITY. FAZEKAS shall secure at its
expense, and be responsible for any and all payment of all taxes, social security, state disability
insurance compensation, unemployment compensation and other payroll deductions for
FAZEKAS and all of its officers, agents and employees and all business licenses, if any, in
connection with this Agreement and/or the services to be performed hereunder.
The Employees shall not be eligible for benefits pursuant to CITY's membership in the Public
Employees' Retirement System ("PERS"). FAZEKAS shall indemnify, defend, and hold
harmless CITY, its officers, elected or appointed officials, employees, agents, or volunteers from
and against any claim for PERS benefits asserted by the Employees, or asserted by a third party
on behalf of the Employees.
6.3 No Assignment or Subcontracting. This Agreement shall not be assignable or
subcontracted by either party without the prior written consent of the other party. All CITY
approved subcontractors of FAZEKAS must satisfy the insurance requirements set forth herein.
6.4 Audit. CITY shall have the right to audit and inspect FAZEKAS records and accounts
covering costs under this Agreement for a period of two (2) years after termination of the
Agreement.
6.5 City Employees and Officials. FAZEKAS 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.
6.6 Notices. Any notice or special instructions required to be given in writing under this
Agreement shall be given either by personal delivery to FAZEKAS or to CITY's Director of
Building and Safety or by enclosing the same in a sealed envelope, postage prepaid, and
depositing the same in the United States Postal Service, addressed as follows:
06-647/5548 6
TO CITY: TO FAZEKAS:
Ross Cranmer, Director Scott Fazekas
Building & Safety Department Scott Fazekas & Associates, Inc.
City of Huntington Beach 9 Corporate Park, Suite 200
2000 Main Street Irvine, CA 92606-5132
Huntington Beach, CA 92648
Notwithstanding the foregoing, FAZEKAS agrees that CITY has the ability to terminate any
specific Employees of FAZEKAS working pursuant to this Agreement by giving FAZEKAS
notice of termination of such Employees by e-mail or facsimile transmission, with a follow-up
notice sent via one of the methods set forth is this Paragraph. The effective date of such
termination shall be the date such e-mail or facsimile transmission is sent. Each party may
change the address and person to be notified by giving the other party notice of such change via
one of the methods set forth is this Paragraph.
6.7 Legal Services Subcontracting Prohibited. FAZEKAS 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. FAZEKAS
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 FAZEKAS.
6.8 Titles. The titles used in this Agreement are for general reference only and are not part of
the Agreement.
6.9 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 which is hereby affected shall be curtailed and
limited only to the extent necessary to bring it within the requirements of the law.
6.10 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.
06-647/5548 7
j !
6.11 Immigration. FAZEKAS 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.
6.12 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.
6.13 Governing Law. This Agreement shall be governed and construed in accordance with the
laws of the State of California.
6.14 Extent of Agreement. This Agreement and the attached exhibits represent the entire and
integrated Agreement between CITY and FAZEKAS and supersedes all prior negotiations,
representations or agreements, either written or oral respecting the subject matter hereof. This
Agreement may be modified or amended only by a subsequent written agreement signed by both
parties.
i
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on
November 13 , 2006.
SCOTT FAZEKAS &ASSOCIATES, INC., CITY OF HUNTINGTON BEACH, a
a California corporation municipal corporation of the State of
California
By: Scy—� —•
`�c�•tF '_- F f� Director of Building& Safety
print name (pursuant to HBMC §3.03.100)
ITS: (circle one)Chainna reside ice President
AND AS TO FOR(/M�:
By:
0�, City Attorney
print name
ITS: (circle one)Secretary hief Financial OfficerfAsst. REVIEWED AND APPROVED:
Secretary-Treasurer
y Administrator
06.647/5548 8
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
1. 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 to maintain daily inspection records and all necessary documents on
file and available to the City.
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.
jmp/contracts group/exA/10/17/06
EXHIBIT "B"
Payment Schedule(Hourly Payment)
A. Hourly Rate
CONSULTANT'S fees for providing a Building Inspector shall be based upon the hourly
rate of$40.77 to $50.12 per hour based on level of experience. Overtime shall be paid at a
rate of 1.5 times regular pay.
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;
agree/forms/exB-hourly fee/10/17/06 EXHIBIT B 1
Hourly Payment
CITY 1,01F HUNTINGTON BEACH
t
Professional Service Contracts
_ Purch CertificationT
1. Date: October 17, 2006
2. Department: Building and Safety
3. Requested by.- Jan Richards
4. Name of consultant: Scott Fazekas Associates, Inc.
5. Attach the written statement of the specification, conditions and other requirements for the requested
services that was provided to solicited consultants in your answer to 11 of this form.
See Request for proposal for Staffing Inspection Services
6. Amount of the contract: $100,000
7. Are sufficient funds available to fund this contract?' ®Yes ❑ No
8. Is this contract generally described on the list of professional service contracts approved by the City
Council'? ®Yes ❑ No
9. Company number and object code where funds are budgeted: 10055201
10. Is this contract less than $50,000? ❑Yes ® No
11. Does this contract fall within$50,000 and$100,000? ®Yes ❑ No
12. Is this contract over$100,000? ❑Yes ® No
(Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make
sure the appropriate signature page is attached to contract.)
13. Were formal written proposals requested from at least three available qualified consultants?
® Yes ❑ No
14. Attach list of consultants from whom proposals were requested (including a contact telephone number).
Attached
15. Attach proposed scope of work.
Attached
16. Attach proposed payment schedule.
Attached
12�6
artment Head Signature RI ARDAMADkIL, Manager
Purchasing/Central Services
1. If the answer to this question is"No," the contract will require approval from the City Council.
r-�
A CERTIFICATE _`LIABILITY INSURANCE `p Ooo sA f"tap"W"''"'
c TION
G. S. :ovitx Insvrarcc ONLY AND COlIfERS NO RIGHTS UPON THE CERTIFICATE
Services, Inc. HOLDER TM CMT*r-ATE lDM NOT AMEND EXMD OR
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Ae: Building Safety Plan chook Services
City of Huntington Beach, its agents, office-re mid employees are rased as
Addit30na1 Insured par the attached endors*mmt-
•10 dry notice of canosUatian appliam for non-payaaat of praaiva. xx
CERTIFICATE HOLDER CANCELLATION
CIT YRLAi 00u. "TOF na•cart ts{were.aueas WE ewo¢Aeoaerm tm W.enos
w TINWAW vm mobow Nova=WLLOWNWOM VAL 3011 Mnw"..
City Of NuaL ngton Beach „a4Jca r0l/m CL11rlpifi N•teHt1�•,wmac.ar
Attn: Mr. Rose CraTmf•r
2000 (fain StseeL
Hmtingtoa B"oh CA 92648
.e,.meaMr
ACORD 25(200VOt 4D ACORb COR M—N fW
APPROVED AS TO FORM
jj IFER M�GRA H,City I Ho e
,oL 06
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Policy Nan r:_ O1777291 — —
Ownctn Lessees Or Contraclors(Form B)
ADDITIONAL INSURED
THIS ENDORSEMENT CHANCES THE POLICY.PLEASE READ IT CAREFULLY.
Tlds endorsement modifies insurance provided under the following:
LIABILITY-COVERAGE PART,
SCHEDULE
Name of Person or Organ:ation:
(Sty of Huntington Beach,its agents,officers and employees
SECTION II-WHO IS AN INSURED Is amended to include Schedule,bat omit'with respect to liability aritaing
as an insured the person or organization shown in out of`your wort"for that Inwwd by or for you
ROVED 4S TO FORM.
NIFER McGRATH,Ci orney
CL/BF 22 40 03 95 Includes coPYrighted material of Tnsumace Services Offices,Inc.,with its permission.
' Copyright,lntwence Services Office,Inc.,1994
r
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:
S INSURANCE AND INDEMNIFICATION WAIVER
►(.� f � �� 1(�llt
1. Requested by: Ross Cranmer
2. Date: October 17, 2006 City Attorneys ny;Ce
3. Name of contractor/permittee: Scott Fazekas Associates, Inc.
4. Description of work to be performed: Provide contract inspectors
5. Value and length of contract: Three years; Not to exceed $708,000
6. Waiver/modification request: Allow$10,000 deductible
7. Reason for request and why it should be granted: Contract inspectors are needed to
augment city inspection staff due to the dramatic peaks in construction activity.
8. Identify the risks to the City in approving this waiver/modification: The risk would be the
possible exposure of the costs associated with a City employee.
6 " eP4,Y N",C 10/17/2006
epartment 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 a City Attorney's Office disagree.
1. ManagementFAk
pproved ❑ Denied
Signature Yate
2. City Attorney's Office
,1Approved ❑ Denie /d
S gnatur 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
Documentl 10/17/2006 1:52 PM
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AN T�CONFERS NO WORTS UPON THE CERTIFICATE
10505 So Ina. 9 F _
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Sea Diego CA 92M
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CERMCATi EtE R CANCELUITM
CITYHlOT sMauretasTOCMAiOKetaTTeoopurrsMeaweauosronEtursusarTroR
•.>taamor.lMEN1wRMIAMRIwYfArwfL 30• oana+urmar
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AtZ=: W. Ross CranWAX
2000 !slain street
Il—tington Beach CA 92648
...WSW*
ACCIRD 25(20OV") f
AP ROVED AS TO FORM
6(3�6TFH�ay
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116,
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CITY OF HUNTINGTON BEACH
Inter Office Communication
Building and Safety Department
�olgob
TO: Rick Amadril, Central Services Manager K�
FROM: Gerald Caraig, Acting Director of Building & fety
DATE: October 18, 2006
SUBJECT: SELECTION OF VENDOR
Per a meeting with Jennifer McGrath, Ross Cranmer, and yourself, it was agreed that
professional services contracts for plan review and inspection services be prepared for $100,000.
It was further agreed that the Building & Safety Department would prepare a RCA for an
amendment to the contracts for the full budgeted amount in the next couple of months.
Subsequent to that meeting, Request for Proposals for Plan Review and Inspection Services were
mailed to firms in the building industry. The breakdown of their quotations is as follows:
PLAN REVIEW
Scott Fazekas Associates, Inc. 70%of the building permit fee calculated
9 Corporate Park, Ste. 200 per Table 3A of the 1991 Administrative
Irvine, CA 92606 Code
949/475-2901
CSG Consultants, Inc. 70% of the building permit fee collected
151 Kalmus Drive, Ste. C-200 as adopted by City Ordinance
Costa Mesa, CA 92626
714/444-9595
EsGil Corporation 45% of the building permit fee calculated
9320 Chesepeake Dr., Ste. 208 per the table identified in proposal as
San Diego, CA 92123 Enclosure 4
858/560-1468
INSPECTION SERVICES
Scott Fazekas Associates, Inc. $40.77 to $50.12 per hour
CSG Consultants, Inc. $60 per hour
EsGil Corporation No Response
The three firms are competitive in cost, experience and staffing; however to maintain continuity,
I would recommend Scott Fazekas Associates, Inc. be awarded the contracts.
EXHIBIT A
PAYROLL SCHEDULE
Counter Services $20.00 - $25.00 per hour
Inspection Services $46.00 - $65.00 per hour
06-647/5548
EXHIBIT B
DESCRIPTION OF POSITIONS
Counter Services: With close supervision, receives, reviews and processes plans; captures,
records and maintains the information necessary to issue and receive payment for building and
construction permits; and performs other duties as required within the scope of the classification.
Inspection Services: Under general supervision, inspects installations to ensure compliance with
all building and construction regulations; and performs other duties as required within the scope
of the classification.
06-64 715 5 4 8
RCA ROUTING SHEET
INITIATING DEPARTMENT: Building & Safety
SUBJECT: Amendment No. 2 to Scott Fazekas &Associates, Inc.
Agreement
COUNCIL MEETING DATE: May 7, 2007
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable ED
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Applicable
Contract/Agreement (w/exhibits if applicable) Attached
(Signed in full by the City Attorne ) Not Applicable ❑
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Attached
Not Applicable ❑
Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑
Not Applicable
Bonds (If applicable) Attachd El
Not Applicable
ED
Staff Report (If applicable) Attt A edNopucable El
Commission, Board or Committee Report (If applicable) Attached ❑
Not Applicable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff ( )
Deputy City Administrator (initial)
City Administrator (initial)
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
(BelowOnly)
RCA Author:
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
May 22, 2007
Scott Fazekas & Associates, Inc.
9 Corporate Park, Suite 200
Irvine, CA 92606-5132
To Whom It May Concern:
Enclosed for your records is a copy of Amendment No. 2 to the Agreement Between
the City of Huntington Beach and Scott Fazekas & Associates, Inc. for Building Counter
and Inspection Services approved by City Council at the May 21, 2007 Council meeting.
Sincerely,
oan L. Flynn
City Clerk
JF:pe
Enclosure: agreement
G:followup:agrmtltr
(Telephone: 714-536-5227)
Council/Agency Meeting Held:
Deferred/Continued to:
XApproved ❑ Conditionally Approved ❑ Denied �Zep City rk's Si ature
Council Meeting Date: January 2, 2007 Department ID Number: BD 2007-1
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY CQVNCIL
SUBMITTED BY: PENEL �CULTHTH�, CITY ADMINISTRATOR
PREPARED BY: ROSS CRANMER, DIRECTOR OF BUILDING & SAFETY'
SUBJECT: AMENDMENT TO AGREEMENT WITH SCOTT FAZEKAS &
ASSOCIATES, INC. FOR INSPECTION SERVICES
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments)
Statement of Issue:
This is a request to amend an existing Professional Services Contract for inspection services
in the amount of $136,000 with Scott Fazekas Associates, Inc. The amended contract is for
a total amount of not-to-exceed $236,000.
Funding Source:
Funds are available in Building & Safety Department business unit 10055201.69365
Recommended Action:
Motion to:
1. "Approve the Amendment to the Agreement and Authorize the Mayor and City Clerk to
execute the Agreement Amendment between the City of Huntington Beach and Scott
Fazekas Associates, Inc."
2. "Authorize the Director of Building & Safety to expend an additional $136,000 for
Professional Services for inspection services."
Alternative Action(s):
1. "Deny the request and direct staff accordingly." ��
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: January 2, 2007 DEPARTMENT ID NUMBER: BD 2007-1
Analysis:
The Inspection Services Division of the Building & Safety Department performs construction
inspections on a wide variety of commercial, industrial, and residential structures. These
inspections focus on structural components, life safety elements, energy conservation,
handicapped accessibility, and electrical, plumbing and mechanical systems. The purpose of
these inspections is to ensure that contractors and owner-builders construct their projects in
a manner consistent with the approved construction plans and adopted codes so that the
project is safe for all occupants.
We have been utilizing contract inspection services as a result of five (5) permanent building
inspector vacancies within the Department. This was anticipated in the budget process thus
salaries were reduced and contract services were increased to a total of$236,000.
The existing $100,000 purchase order for contract inspection services is nearly depleted.
Therefore, we are requesting an amendment to the Scott Fazekas Associates, Inc. contract
of an additional $136,000 to provide these services until the permanent positions are filled.
The total contract amount will be not to exceed $236,000, which is budgeted as stated
above.
Environmental Status:
Not applicable
Attachment(s):
City Clerk's
Page Number No. Description
1. Amendment No. 1 to the Scott Fazekas Associates, Inc. Contract
2. Agreement to Scott Fazekas Associates, Inc. dated
November 13, 2006
-2- 12/14/2006 2:49 PM
ATTACHMENT ILI
AMENDMENT TO AGREEMENT
BETWEEN THE CITY OF HUNTINGTON BEACH
AND SCOTT FAZEKAS & ASSOCIATES,INC.
THIS AMENDMENT is made 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 "Fazekas."
WHEREAS, City and Fazekas are parties to that certain agreement dated November 13,
2006, entitled"Professional Services Agreement Between the City of Huntington Beach and
Scott Fazekas &Associates, Inc., for Building Counter and Inspection Services," which
agreement shall hereinafter be referred to as the "Original Agreement,"and
City and Fazekas wish to amend the Original Agreement,
NOW, THEREFORE, it is agreed by City and Fazekas as follows:
1. AMENDMENT OF SECTION 3.1 ENTITLED "FEE"
Section 3.1 of the Original Agreement, entitled "FEE," is hereby amended to read
as follows:
3.1 Fee. CITY agrees to pay the hourly rates established in Exhibit"A". This
rate is based on current FAZEKAS costs and is subject to change when costs
change due to factors which are beyond the control of FAZEKAS (such as
insurance,payroll tax, etc.). Any adjustments made will be commensurate with
increased costs to FAZEKAS, and must be pre-approved in writing by CITY.
The total amount of fees paid to FAZEKAS under this Agreement, including all
costs and expenses, shall not exceed Two Hundred Thirty-six Thousand Dollars
($236,000.00).
2. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the
Original Agreement shall remain in full force and effect.
1
06-719/6194
IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be
executed by their authorized officers on J/AN UM y O-P,
SCOTT FAZEKAS &ASSOCIATES, INC. CITY OF HUNTINGTON BEACH, a
A California corporation municipal corporation of the State of
California
By:
print name •
Ann
ITS: (circle one)Chairm en ce President May
AND
By: City Jerk i�F�o��
print name AP D AS TO FORM:
ITS: (circle one)Secretary/ ie Financial OfficerPAsst
Secretary-Treasurer y Attorn tey ,y
INITIATED AND APPROVED:
Director of Building and Safety
REVIEWED AND APPROVED:
ity Adrnonistrator
2
06-719/6194
ATTACHMENT 2
PROFESSIONAL SERVICES AGREEMENT BETWEEN
---- 3 HE-C--IT-Voyff,UNTING`i' "EA- A-NDSCOTT_ -- - -
FAZEKAS& ASSOCIATES, INC., FOR BUILDING
COUNTER AND INSPECTION SERVICES
THIS AGREEMENT ("Agreement") is made and entered into 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 "FAZEKAS".
WHEREAS, FAZEKAS 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
WHEREAS, economic reasons exist which make it in the best interests of CITY to
discharge certain of its responsibilities through the use of FAZEKAS employees;
NOW, THEREFORE, in consideration of the promises, covenants, and warranties
hereinafter set forth, the parties hereto mutually agree as follows:
ARTICLE 1
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:
1.1 "Current Payroll" means the Payroll schedule set forth on Exhibit "A", which is attached
hereto and incorporated herein by this reference.
11 "Employees" means those individual persons who are subject to the terms of this
Agreement and whose position is described on Exhibit "B", which is attached hereto and
incorporated herein by this reference.
1.3 "Employee Tax Forms" means all forms applicable to the Payroll which are required by
the United States, the 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 Withholding 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.
06-647/5548 1
1.4 "Employer Tax Forms" means all forms required to fully and properly report the Payroll
to-t#e-Unite -States;the-sta a an or oval governfffe s, it nctud'ing1 n -of-
the Treasury, Internal Revenue Service Form 941 (Employer's Quarterly Federal Tax Return for
Federal Income Tax Withheld from Wages and for Federal Insurance Contributions Act Taxes),
Form 940 (Employer's Annual Federal Unemployment Tax Return), and comparable and/or
counterpart forms prescribed by the State and/or local government in which Employees are
performing services pursuant to this Agreement.
1.5- "Pay Period" means the interval between payments to Employees.
1.6 "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), employer costs pursuant to the Voluntary Compensation Plan (if
any), and employer listed service fees(as applicable).
ARTICLE 2
IMPLEMENTATION
2.1 Relationship of Parties. Effective at the commencement of business on the 1st day of
October, 2005, FAZEKAS will provide to CITY those Employees for CITY to select from for
counter and inspection service positions in CITY's Building & Safety Department, which
positions are described in Exhibit"B", and whose rate of pay are set forth on Exhibit "A", and
CITY hereby accepts such Employees on the terms and conditions provided in this Agreement.
2.2 Term of Agreement. This Agreement and the rights and obligations of CITY and
FAZEKAS shall commence on the effective time and date specified in Paragraph 2.1 and shall
continue until September 30, 2009, or as earlier terminated as set forth herein. This Agreement
may be terminated by either party with or without cause upon thirty (30) days prior written
notice. In the event of termination by CITY, FAZEKAS shall be paid for all services performed
prior to the effective date of termination.
2.3 Specification of Services and Approval of Compensation. CITY may, by notice to
FAZEKAS, accept, modify, reject or terminate with or without cause the services and/or rate of
compensation of any and all Employees leased to CITY in accordance with this Agreement. In
the event of termination 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 FAZEKAS of 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.
2.4 Employer Duties of FAZEKAS. FAZEKAS 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
0"47/5548 2
all amounts due and owing pursuant to the payroll tax returns and reports which are prepared and
� iled; prepare, ile,and furnish—to mp oyees appplicab�e�mployee Tax Forms; and-fib)-
prepare and file, with a copy to CITY, applicable Employer Tax Forms. In the event of
termination of any Employee as provided by Paragraph 2.3, FAZEKAS shall provide placement
assistance to that Employee by listing that Employee at no charge to the Employee in
FAZEKAS's job listing service.
2.5 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 FAZEKAS immediately of all
Employee illnesses, accidents, injuries, and absences. However, the parties agree that CITY
shall provide no salary or benefits to the Employees under this Agreement.
2.6 Workers' Compensation,Health, and Other Benefits. Pursuant to California Labor Code
Section 1861, FAZEKAS acknowledges awareness of Section 3700 et seq. of this Code, which
requires every employer to be insured against liability for workers' compensation; FAZEKAS
covenants that it will comply with such provisions prior to commencing performance of the work
hereunder. FAZEKAS shall maintain workers' compensation and employer's liability insurance
in an amount of not less than the State statutory limits. FAZEKAS shall require all
subcontractors to provide such workers' compensation and employer's liability insurance for all
of the subcontractors' employees. FAZEKAS shall furnish to CITY a certificate of waiver of
subrogation under the terms of the workers' compensation and employer's liability insurance and
FAZEKAS shall similarly require all subcontractors to waive subrogation. FAZEKAS also shall
provide various health and other benefits to Employees under a cafeteria plan which permits each
Employee to choose the type of benefits he or she will receive.
2.7 General Liability Insurance. In addition to the workers' compensation insurance and
employers' liability and FAZEKAS's covenant to indemnify CITY, FAZEKAS shall obtain and
furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage
covering the Agreement. The policy shall indemnify FAZEKAS, 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 Agreement, 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 One Million Dollars ($1,000,000.00) per
occurrence. If coverage is provided under a form which includes a designated general aggregate
limit, the aggregate limit must be no less than One Million Dollars ($1,000,000.00) for this
Agreement. The policy shall name CITY, its officers, elected or appointed officials, employees,
agents, and volunteers as Additional Insureds. Under no circumstances shall the above-
mentioned insurance contain a self-insured retention, a "deductible" or any other similar form of
limitation on the required coverage in excess of Ten Thousand Dollars($10,000).
06-647/5548 3
2.8 Certificates of Insurance. Prior to commencing performance of the work hereunder,
--+'AZEKA-S shall rn' ce i lea se- o ins�ran�e$ bjct to approval
y —
Attorney evidencing the foregoing insurance coverages as required by this Agreement; the
certificates shall:
A. provide the name and policy number of each carrier and policy;
B. shall state that the policy is currently in force; and
C. shall promise that such policies shall not be suspended, voided or canceled by
either party, reduced in coverage or in limits except after thirty (30) days' prior
written notice.
FAZEKAS shall maintain the foregoing insurance coverages in force until the work under this
Agreement is fully completed and accepted by CITY. The requirement for carrying the
foregoing insurance coverages shall not derogate from the provisions for indemnification of
CITY by FAZEKAS 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. FAZEKAS shall pay, in a
prompt and timely manner,the premiums on all insurance hereinabove required.
2.9 Disposition of Plans, Estimates and Other Documents. FAZEKAS 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 FAZEKAS shall turn
over these materials to CITY upon termination of each Employee (as applicable), or upon
expiration or termination of this Agreement, whichever shall occur first. These materials may be
used by CITY as it sees fit.
ARTICLE 3
COMPENSATION
3.1 Fee. CITY agrees to pay the hourly rates established in Exhibit "A". This rate is based on
current FAZEKAS costs and is subject to change when costs change due to factors which are
beyond the control of FAZEKAS (such as insurance, payroll tax, etc.). Any adjustments made
will be commensurate with increased costs to FAZEKAS, and must be pre-approved in writing
by CITY. The total amount of fees paid to FAZEKAS under this Agreement, including all costs
and expenses, shall not exceed One Hundred Thousand Dollars($100,000.00).
3.2 Payment Address. All payments due FAZEKAS shall be paid to:
Scott Fazekas &Associates, Inc.
9 Corporate Park, Suite 200
Irvine, CA 92606-5132
3.3 Terms of Compensation. Invoices are due within thirty (30) days of receipt. Delinquent
payments will be subject to a late payment carrying charge computed at a periodic rate of one
06-64715548 4
percent (1%) per month, which is an annual percentage rate of twelve percent(12%), which will
be applied of any unpaid balance owed commenci- ing thirty (30)-days a errl s receipt of an
invoice from FAZEKAS. Additionally, in the event CITY fails to pay any undisputed amounts
due FAZEKAS within forty-five (45) days after CITY's receipt of an invoice from FAZEKAS,
then CITY agrees that FAZEKAS shall have the right to consider said default a total breach of
this Agreement and the duties of FAZEKAS under this Agreement may be terminated by
FAZEKAS without liability to FAZEKAS upon ten(10) working days advance written notice.
3.4 Additional Services. CITY may request FAZEKAS to perform additional services not
covered by this Agreement, such as recruiting services, and FAZEKAS shall perform such
additional services and will be paid for such additional services when they are mutually agreed to
and made part of this Agreement by written amendment of the parties.
ARTICLE 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. FAZEKAS shall have no control over such government
responsibilities and such ordinances, resolutions, rules, regulations, and procedures.
ARTICLE 5
INDEMNIFICATION
FAZEKAS shall indemnify, defend, and hold harmless CITY, its officers, elected or appointed
officials, employees, agents or volunteers for the purposes of all required payroll deductions and
withholdings, legally required workers' compensation insurance, and health benefits of the
Employees. However, inasmuch as the CITY shall supervise the daily activities of the
Employees, and inasmuch as the Employees will discharge government responsibilities and
perform in accordance with the ordinances, resolutions, rules, regulations, and procedures
adopted by CITY, (1) FAZEKAS and its Employees shall be entitled to all protection and
immunities of government employees, including without limitation, those provided in California
Government Code, Title 1, Division 3.6, Claims and Actions against Public Entities and Public
Employees; and (2) CITY does release and agree to indemnify, defend and hold harmless the
Employees, FAZEKAS, and FAZEKAS's agents,personnel, directors,and officers from any and
all actions, claims, damages or injuries to persons or property, penalties, obligations or liabilities
arising out of or related to the services performed under this Agreement to the extent they are not
covered by FAZEKAS's insurance, except such loss or damage caused by the negligence or
willful misconduct of FAZEKAS, or FAZEKAS's agents, personnel, directors or officers, or any
of them. Notwithstanding anything to the contrary including CITY's obligations under this
Article 5, FAZEKAS acknowledges and agrees that its insurance shall be the sole and primary
coverage up to the policy limits, and that City's obligations under this Article 5 shall not be
triggered until FAZEKAS's insurance coverage has been exhausted.
06-64715548 5
ARTICLE 6
--- — GENERA P OVISION T^- --- -- --
6.1 Representation. A CITY representative shall be designated by CITY and an FAZEKAS
representative shall be designated by FAZEKAS as the primary contact person for each party
regarding performance of this Agreement. The following are the designated representatives:
Scott Fazekas for FAZEKAS
Ross Cranmer for CITY
6.2 Independent Contractor. FAZEKAS acknowledges and agrees that FAZEKAS and the
Employees are, and shall be, acting at all times in the performance of this Agreement as
independent contractors herein and not as employees of CITY. FAZEKAS shall secure at its
expense, and be responsible for any and all payment of all taxes, social security, state disability
insurance compensation, unemployment compensation and other payroll deductions for
FAZEKAS and all of its officers, agents and employees and all business licenses, if any, in
connection with this Agreement and/or the services to be performed hereunder.
The Employees shall not be eligible for benefits pursuant to CITY's membership in the Public
Employees' Retirement System ("PERS"). FAZEKAS shall indemnify, defend, and hold
harmless CITY, its officers, elected or appointed officials, employees, agents, or volunteers from
and against any claim for PERS benefits asserted by the Employees, or asserted by a third party
on behalf of the Employees.
6.3 No Assimment or Subcontracting. This Agreement shall not be assignable or
subcontracted by either parry without the prior written consent of the other party. All CITY
approved subcontractors of FAZEKAS must satisfy the insurance requirements set forth herein.
6.4 Audit. CITY shall have the right to audit and inspect FAZEKAS records and accounts
covering costs under this Agreement for a period of two (2) years after termination of the
Agreement.
6.5 City Employees and Officials. FAZEKAS 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.
6.6 Notices. Any notice or special instructions required to be given in writing under this
Agreement shall be given either by personal delivery to FAZEKAS or to CITY's Director of
Building and Safety or by enclosing the same in a sealed envelope, postage prepaid, and
depositing the same in the United States Postal Service,addressed as follows:
06-"7/5548 6
TO CITY: TO FAZEKAS:
Ross Cranmer, Director Scott Fazekas
Building& Safety Department Scott Fazekas & Associates, Inc.
City of Huntington Beach 9 Corporate Park, Suite 200
2000 Main Street Irvine, CA 92606-5132
Huntington Beach, CA 92648
Notwithstanding the foregoing, FAZEKAS agrees that CITY has the ability to terminate any
specific Employees of FAZEKAS working pursuant to this Agreement by giving FAZEKAS
notice of termination of such Employees by e-mail or facsimile transmission, with a follow-up
notice sent via one of the methods set forth is this Paragraph. The effective date of such
termination shall be the date such e-mail or facsimile transmission is sent. Each party may
change the address and person to be notified by giving the other party notice of such change via
one of the methods set forth is this Paragraph.
6.7 Legal Services Subcontracting Prohibited. FAZEKAS 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. FAZEKAS
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 FAZEKAS.
6.8 Titles. The titles used in this Agreement are for general reference only and are not part of
the Agreement.
6.9 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 which is hereby affected shall be curtailed and
limited only to the extent necessary to bring it within the requirements of the law.
6.10 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.
06-647/5548 7
6.11 Immigration. FAZEKAS 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.
6.12 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.
6.13 Governing Law. This Agreement shall be governed and construed in accordance with the
laws of the State of California.
6.14 Extent of Agreement. This Agreement and the attached exhibits represent the entire and
integrated Agreement between CITY and FAZEKAS and supersedes all prior negotiations,
representations or agreements, either written or oral respecting the subject matter hereof. This
Agreement may be modified or amended only by a subsequent written agreement signed by both
parties.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on
November 13 ,2006.
SCOTT FAZEKAS &ASSOCIATES, INC., CITY OF HUNTINGTON BEACH,a
a California corporation municipal corporation of the State of
California
By:
c�tl _ l` ._ f�< •E Director of Building& Safety
print name (pursuant to HBMC§3.03.100)
ITS:(circle one)Chainnand5r�esiden
ffVice President
AND — I, (.,
AS TO FORM::
By:
City Attorney "`..
print name
ITS: (circle one)Secretary hief Financial OfficerAsst. REVIEWED AND APPROVED:
Secretary-Treasurer
y Administrator
06-647/5548 8
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
1. 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 to maintain daily inspection records and all necessary documents on
file and available to the City.
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.
jmpJcontracts groWexAtl(MM6
EXHIBIT"B"
Payment Schedule(Hourly Payment)
A. Hourly Rate
CONSULTANT'S fees for providing a Building Inspector shall be based upon the hourly
rate of$40.77 to $50.12 per hour based on level of experience. Overtime shall be paid at a
rate of 1.5 times regular pay.
B. Billing
1. All billing shall be done monthl 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;
av-ePjf"msIexB-houdy fedia17106 EXHIBIT B 1
Hourly Payment
INSURANCE AND INDEMNIFICATION WAIVER
- 3 nnnnIFIC NZZ-V/
-�1�N-REQU -ST
1. Requested by: Ross Cranmer
�itl,o:Hunti�igi.
2. Date: October 17, 2006 City Attorne ;s
Office
3. Name of contractor/permittee: Scott Fazekas Associates, Inc.
4. Description of work to be performed: Provide contract inspectors
5. Value and length of contract: Three years: Not to exceed $708,000
6. Waiver/modification request: Allow$10,000 deductible
7. Reason for request and why it should be granted: Contract inspectors are needed to
augment city inspection staff due to the dramatic peaks in construction activity.
8. Identify the risks to the City in approving this waiver/modification: The risk would be the
possible exposure of the costs associated with a City employee.
10/17/2006
epartment 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 #e City Attorney's Office disagree.
I. k Management
Approved ❑ Denied ��
Signature Oate
2. City Attorney's Office ,
�pproved ❑ Denied �U�?i�/d
S gnatur 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
Document1 10117/20061:52 PM
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ESOLUTION
A board meeting was held on December 8, 1997 to confirm that SCOTT R. FAZEKAS,
President, has signature authority to bind the Corporation of SCOTi'FAZEKAS&
ASSOCIATES, INC. The status remains the same to date.
Scott R F ' ,President 6ated
Corporate Seal:
CITY W HUNTINGTON BEA :H
41bProfessional Service Contracts
1. Date: October 17, 2006
2. Department: Building and Safety
3. Requested by: Jan Richards
4. Name of consultant Scott Fazekas Associates, Inc.
5. Attach the written statement of the specification, conditions and other requirements for the requested
services that was provided to solicited consultants in your answer to 11 of this form.
See Request for proposal for Staffing Inspection Services
6. Amount of the contract $100,000
7. Are sufficient funds available to fund this contract?' ®Yes ❑No
8. Is this contract generally described on the list of professional service contracts approved by the City
Council'? ®Yes ❑No
9. Company number and object code where funds are budgeted: 10055201
10. Is this contract less than$50,000? ❑Yes 0 No
11. Does this contract fall within$50,000 and$100,000? ®Yes ❑No
12. Is this contract over$100,000? ❑Yes [D No
(Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make
sure the appropriate signature page is attached to contract.)
13. Were formal written proposals requested from at least three available qualified consultants?
®Yes ❑No
14. Attach list of consultants from whom proposals were requested(including a contact telephone number).
Attached
15. Attach proposed scope of work.
Attached
16. Attach proposed payment schedule.
Attached
pol
rtment Head Signature RI ARDMADRIL.Manager
Purchasing/Central Services
1.If the answer to this question is"No,"the contract will require approval from.the City Council.
INSPECTION SERVICES
Scott Fazekas Associates, Inc. $40.77 to $50.12 per hour
9 Corporate Park, Ste. 200
Irvine, CA 92606
949/475-2901
CSG Consultants, Inc. $60 per hour
151 Kalmus Drive, Ste. C-200 as adopted by City Ordinance
Costa Mesa, CA 92626
714/444-9595
EsGil Corporation No Response
9320 Chesepeake Dr., Ste. 208
San Diego, CA 92123
858/560-1468
CITY OF HUNTINGTON BEACH
Professional Service Contracts
Purchasing Certification
Amendment # 1
Date: 12/6/2006
1. Department: Building Safety
2. Requested By: Jan Richards
3. Name of Consultant: Scott Fazekas Associates, Inc.
4. Amount of Original/Prior Contract: $100,000
5. Additional Compensation Requested: $136,000
6. Reason for Contract Amendment:
To obtain a purchase order for the full budget amount
7. Are sufficient funds available to fund this contract? Yes ® No ❑
8. Company number and object code where funds are budgeted:
10055201.69365
Department Head Signature RICHARD AMADRIL, Manager
Central Services Division
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
January 9, 2007 JOAN L. FLYNN
CITY CLERK
Scott Fazekas & Associates, Inc.
9 Corporate Park, Suite 200
Irvine, CA 92606-5132
To Whom It May Concern:
Enclosed for your records is a copy of the Amendment to Agreement Between the City
of Huntington Beach and Scott Fazekas &Associates, Inc. approved by Council at the
January 2, 2007 Council meeting.
Sincerely,
'?")
Joan L. Flynn
City Clerk
JF:pe
Enclosure: agreement
G:foI1owup:agrmt1tr
1 Telephone:714-536-5227)
CONTRACTS SUBMITTAL TO C
CITY CLERK'S OFFICE
To: JOAN FLYNN, City Clerk
0
"z-
.a.
Name of Contractor: SCOTT FAZEKAS & ASSOCIATES, INC.
Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park
Building Counter and Inspection Services
Amount of Contract: $100,000 -A)Z
Copy of contract distributed to: The on inal insurance certificate/waiver distributed
Initiating Dept. to Risk Management
Finance Dept. ORIGINAL bonds sent to Treasurer ❑
�4'9-'1 Nr0' Date: 11/do
Name/Extension
City Attorney's Office
//3/OA006
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G:AttyMisc/Contract Forms/City Clerk Transmittal
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND SCOTT
FAZEKAS & ASSOCIATES,INC.,FOR BUILDING
COUNTER AND INSPECTION SERVICES
THIS AGREEMENT ("Agreement") is made and entered into 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 "FAZEKAS".
WHEREAS, FAZEKAS 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
WHEREAS, economic reasons exist which make it in the best interests of CITY to
discharge certain of its responsibilities through the use of FAZEKAS employees;
NOW, THEREFORE, in consideration of the promises, covenants, and warranties
hereinafter set forth, the parties hereto mutually agree as follows:
ARTICLE 1
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:
1.1 "Current Payroll" means the Payroll schedule set forth on Exhibit "A", which is attached
hereto and incorporated herein by this reference.
1.2 "Employees" means those individual persons who are subject to the terms of this
Agreement and whose position is described on Exhibit "B", which is attached hereto and
incorporated herein by this reference.
1.3 "Employee Tax Forms" means all forms applicable to the Payroll which are required by
the United States, the 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 Withholding 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.
06-647/5548 1
1 5 . •
1.4 "Employer Tax Forms" means all forms required to fully and properly report the Payroll
to the United States, the State and/or local governments, including United States Department of
the Treasury, Internal Revenue Service Form 941 (Employer's Quarterly Federal Tax Return for
Federal Income Tax Withheld from Wages and for Federal Insurance Contributions Act Taxes),
Form 940 (Employer's Annual Federal Unemployment Tax Return), and comparable and/or
counterpart forms prescribed by the State and/or local government in which Employees are
performing services pursuant to this Agreement.
1.5 "Pay Period" means the interval between payments to Employees.
1.6 "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), employer costs pursuant to the Voluntary Compensation Plan (if
any), and employer listed service fees (as applicable).
ARTICLE 2
IMPLEMENTATION
2.1 Relationship of Parties. Effective at the commencement of business on the 1 st day of
October, 2005, FAZEKAS will provide to CITY those Employees for CITY to select from for
counter and inspection service positions in CITY's Building & Safety Department, which
positions are described in Exhibit "B", and whose rate of pay are set forth on Exhibit "A", and
CITY hereby accepts such Employees on the terms and conditions provided in this Agreement.
2.2 Term of Agreement. This Agreement and the rights and obligations of CITY and
FAZEKAS shall commence on the effective time and date specified in Paragraph 2.1 and shall
continue until September 30, 2009, or as earlier terminated as set forth herein. This Agreement
may be terminated by either party with or without cause upon thirty (30) days prior written
notice. In the event of termination by CITY, FAZEKAS shall be paid for all services performed
prior to the effective date of termination.
2.3 Specification of Services and Approval of Compensation. CITY may, by notice to
FAZEKAS, accept, modify, reject or terminate with or without cause the services and/or rate of
compensation of any and all Employees leased to CITY in accordance with this Agreement. In
the event of termination 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 FAZEKAS of 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.
2.4 Employer Duties of FAZEKAS. FAZEKAS 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
06-647/5548 2
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. In the event of
termination of any Employee as provided by Paragraph 2.3, FAZEKAS shall provide placement
assistance to that Employee by listing that Employee at no charge to the Employee in
FAZEKAS's job listing service.
2.5 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 FAZEKAS immediately of all
Employee illnesses, accidents, injuries, and absences. However, the parties agree that CITY
shall provide no salary or benefits to the Employees under this Agreement.
2.6 Workers' Compensation,Health, and Other Benefits. Pursuant to California Labor Code
Section 1861, FAZEKAS acknowledges awareness of Section 3700 et seq. of this Code, which
requires every employer to be insured against liability for workers' compensation; FAZEKAS
covenants that it will comply with such provisions prior to commencing performance of the work
hereunder. FAZEKAS shall maintain workers' compensation and employer's liability insurance
in an amount of not less than the State statutory limits. FAZEKAS shall require all
subcontractors to provide such workers' compensation and employer's liability insurance for all
of the subcontractors' employees. FAZEKAS shall furnish to CITY a certificate of waiver of
subrogation under the terms of the workers' compensation and employer's liability insurance and
FAZEKAS shall similarly require all subcontractors to waive subrogation. FAZEKAS also shall
provide various health and other benefits to Employees under a cafeteria plan which permits each
Employee to choose the type of benefits he or she will receive.
2.7 General Liability Insurance. In addition to the workers' compensation insurance and
employers' liability and FAZEKAS's covenant to indemnify CITY, FAZEKAS shall obtain and
furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage
covering the Agreement. The policy shall indemnify FAZEKAS, 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 Agreement, 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 One Million Dollars ($1,000,000.00) per
occurrence. If coverage is provided under a form which includes a designated general aggregate
limit, the aggregate limit must be no less than One Million Dollars ($1,000,000.00) for this
Agreement. The policy shall name CITY, its officers, elected or appointed officials, employees,
agents, and volunteers as Additional Insureds. Under no circumstances shall the above-
mentioned insurance contain a self-insured retention, a "deductible" or any other similar form of
limitation on the required coverage in excess of Ten Thousand Dollars ($10,000).
06-647/5548 3
2.8 Certificates of Insurance. Prior to commencing performance of the work hereunder,
FAZEKAS shall furnish to CITY certificates of insurance subject to approval of the City
Attorney evidencing the foregoing insurance coverages as required by this Agreement; the
certificates shall:
A. provide the name and policy number of each carrier and policy;
B. shall state that the policy is currently in force; and
C. shall promise that such policies shall not be suspended, voided or canceled by
either party, reduced in coverage or in limits except after thirty (30) days' prior
written notice.
FAZEKAS shall maintain the foregoing insurance coverages in force until the work under this
Agreement is fully completed and accepted by CITY. The requirement for carrying the
foregoing insurance coverages shall not derogate from the provisions for indemnification of
CITY by FAZEKAS 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. FAZEKAS shall pay, in a
prompt and timely manner, the premiums on all insurance hereinabove required.
2.9 Disposition of Plans, Estimates and Other Documents. FAZEKAS 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 FAZEKAS shall turn
over these materials to CITY upon termination of each Employee (as applicable), or upon
expiration or termination of this Agreement, whichever shall occur first. These materials may be
used by CITY as it sees fit.
ARTICLE 3
COMPENSATION
3.1 Fee. CITY agrees to pay the hourly rates established in Exhibit "A". This rate is based on
current FAZEKAS costs and is subject to change when costs change due to factors which are
beyond the control of FAZEKAS (such as insurance, payroll tax, etc.). Any adjustments made
will be commensurate with increased costs to FAZEKAS, and must be pre-approved in writing
by CITY. The total amount of fees paid to FAZEKAS under this Agreement, including all costs
and expenses, shall not exceed One Hundred Thousand Dollars ($100,000.00).
3.2 Payment Address. All payments due FAZEKAS shall be paid to:
Scott Fazekas & Associates, Inc.
9 Corporate Park, Suite 200
Irvine, CA 92606-5132
3.3 Terms of Compensation. Invoices are due within thirty (30) days of receipt. Delinquent
payments will be subject to a late payment carrying charge computed at a periodic rate of one
06-647/5548 4
percent (1%) per month, which is an annual percentage rate of twelve percent (12%), which will
be applied to any unpaid balance owed commencing thirty (30) days after CITY's receipt of an
invoice from FAZEKAS. Additionally, in the event CITY fails to pay any undisputed amounts
due FAZEKAS within forty-five (45) days after CITY's receipt of an invoice from FAZEKAS,
then CITY agrees that FAZEKAS shall have the right to consider said default a total breach of
this Agreement and the duties of FAZEKAS under this .Agreement may be terminated by
FAZEKAS without liability to FAZEKAS upon ten(10)working days advance written notice.
3.4 Additional Services. CITY may request FAZEKAS to perform additional services not
covered by this Agreement, such as recruiting services, and FAZEKAS shall perform such
additional services and will be paid for such additional services when they are mutually agreed to
and made part of this Agreement by written amendment of the parties.
ARTICLE 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. FAZEKAS shall have no control over such government
responsibilities and such ordinances, resolutions, rules, regulations, and procedures.
ARTICLE 5
INDEMNIFICATION
FAZEKAS shall indemnify, defend, and hold harmless CITY, its officers, elected or appointed
officials, employees, agents or volunteers for the purposes of all required payroll deductions and
withholdings, legally required workers' compensation insurance, and health benefits of the
Employees. However, inasmuch as the CITY shall supervise the daily activities of the
Employees, and inasmuch as the Employees will discharge government responsibilities and
perform in accordance with the ordinances, resolutions, rules, regulations, and procedures
adopted by CITY, (1) FAZEKAS and its Employees shall be entitled to all protection and
immunities of government employees, including without limitation, those provided in California
Government Code, Title 1, Division 3.6, Claims and Actions against Public Entities and Public
Employees; and (2) CITY does release and agree to indemnify, defend and hold harmless the
Employees, FAZEKAS, and FAZEKAS's agents, personnel, directors, and officers from any and
all actions, claims, damages or injuries to persons or property, penalties, obligations or liabilities
arising out of or related to the services performed under this Agreement to the extent they are not
covered by FAZEKAS's insurance, except such loss or damage caused by the negligence or
willful misconduct of FAZEKAS, or FAZEKAS's agents, personnel, directors or officers, or any
of them. Notwithstanding anything to the contrary including CITY's obligations under this
Article 5, FAZEKAS acknowledges and agrees that its insurance shall be the sole and primary
coverage up to the policy limits, and that City's obligations under this Article 5 shall not be
triggered until FAZEKAS's insurance coverage has been exhausted.
06-647/5548 5
ARTICLE 6
GENERAL PROVISIONS
6.1 Representation. A CITY representative shall be designated by CITY and an FAZEKAS
representative shall be designated by FAZEKAS as the primary contact person for each party
regarding performance of this Agreement. The following are the designated representatives:
Scott Fazekas for FAZEKAS
Ross Cranmer for CITY
6.2 Independent Contractor. FAZEKAS acknowledges and agrees that FAZEKAS and the
Employees are, and shall be, acting at all times in the performance of this Agreement as
independent contractors herein and not as employees of CITY. FAZEKAS shall secure at its
expense, and be responsible for any and all payment of all taxes, social security, state disability
insurance compensation, unemployment compensation and other payroll deductions for
FAZEKAS and all of its officers, agents and employees and all business licenses, if any, in
connection with this Agreement and/or the services to be performed hereunder.
The Employees shall not be eligible for benefits pursuant to CITY's membership in the Public
Employees' Retirement System ("PERS"). FAZEKAS shall indemnify, defend, and hold
harmless CITY, its officers, elected or appointed officials, employees, agents, or volunteers from
and against any claim for PERS benefits asserted by the Employees, or asserted by a third party
on behalf of the Employees.
6.3 No Assignment or Subcontracting. This Agreement shall not be assignable or
subcontracted by either party without the prior written consent of the other party. All CITY
approved subcontractors of FAZEKAS must satisfy the insurance requirements set forth herein.
6.4 Audit. CITY shall have the right to audit and inspect FAZEKAS records and accounts
covering costs under this Agreement for a period of two (2) years after termination of the
Agreement.
6.5 City Employees and Officials. FAZEKAS 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.
6.6 Notices. Any notice or special instructions required to be given in writing under this
Agreement shall be given either by personal delivery to FAZEKAS or to CITY's Director of
Building and Safety or by enclosing the same in a sealed envelope, postage prepaid, and
depositing the same in the United States Postal Service, addressed as follows:
06-647/5548 6
TO CITY: TO FAZEKAS:
Ross Cranmer,Director Scott Fazekas
Building & Safety Department Scott Fazekas&Associates, Inc.
City of Huntington Beach 9 Corporate Park, Suite 200
2000 Main Street Irvine, CA 92606-5132
Huntington Beach, CA 92648
Notwithstanding the foregoing, FAZEKAS agrees that CITY has the ability to terminate any
specific Employees of FAZEKAS working pursuant to this Agreement by giving FAZEKAS
notice of termination of such Employees by e-mail or facsimile transmission, with a follow-up
notice sent via one of the methods set forth is this Paragraph. The effective date of such
termination shall be the date such e-mail or facsimile transmission is sent. Each party may
change the address and person to be notified by giving the other party notice of such change via
one of the methods set forth is this Paragraph.
6.7 Legal Services Subcontracting Prohibited. FAZEKAS 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. FAZEKAS
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 FAZEKAS.
6.8 Titles. The titles used in this Agreement are for general reference only and are not part of
the Agreement.
6.9 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 which is hereby affected shall be curtailed and
limited only to the extent necessary to bring it within the requirements of the law.
6.10 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.
06-647/5548 7
• 0
6.11 Immigration. FAZEKAS 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.
6.12 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.
6.13 Governing Law. This Agreement shall be governed and construed in accordance with the
laws of the State of California.
6.14 Extent of Agreement. This Agreement and the attached exhibits represent the entire and
integrated Agreement between CITY and FAZEKAS and supersedes all prior negotiations,
representations or agreements, either written or oral respecting the subject matter hereof. This
Agreement may be modified or amended only by a subsequent written agreement signed by both
parties.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on
November 13 , 2006.
SCOTT FAZEKAS &ASSOCIATES, INC., CITY OF HUNTINGTON BEACH, a
a California corporation municipal corporation of the State of
California
By:
�'co Director of Building& Safety
print name (pursuant to HBMC §3.03.100)
ITS: (circle one)Chairma reside ice President
AND AS TO FORM:
By:
i. / T(, ttorneyprint name
ITS: (circle one) Secretary hief Financial Office sst. REVIEWED AND APPROVED:
Secretary-Treasurer ��
y Administrator
06-647/5548 8
�► •
EXHIBIT A
PAYROLLSCHEDULE
Counter Services $20.00 - $25.00 per hour
Inspection Services $46.00 - $65.00 per hour
06-647/5548
EXHIBITv'Avv
A. STATEMENT OF WORK: (Narrative of work to be performed)
1. 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 to maintain daily inspection records and all necessary documents on
file and available to the City.
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.
jmp/contracts group/exA/10/17/06
EXHIBIT B
DESCRIPTION OF POSITIONS
Counter Services: With close supervision, receives, reviews and processes plans; captures,
records and maintains the information necessary to issue and receive payment for building and
construction permits; and performs other duties as required within the scope of the classification.
Inspection Services: Under general supervision, inspects installations to ensure compliance with
all building and construction regulations; and performs other duties as required within the scope
of the classification.
06-647/5548
EXHIBIT "B"
Payment Schedule (Hourly Payment)
A. Hourly
CONSULTANT'S fees for providing a Building Inspector shall be based upon the hourly
rate of$40.77 to $50.12 per hour based on level of experience. Overtime shall be paid at a
rate of 1.5 times regular pay.
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;
agree/forms/ex&hourly fee/10/17/06 EXHIBIT B 1
Hourly Payment
INSURANCE AND INDEMNIFICATION WAIVER
MODIFICATION REQUEST
RFC k
1. Requested by: Ross Cranmer 0C 1 1 8 �OOh
,-ityOt'Huntiliy'il%ii Soac-
2. Date: October 17, 2006 City Attorneys Office
3. Name of contractor/permittee: Scott Fazekas Associates, Inc.
4. Description of work to be performed: Provide contract inspectors
5. Value and length of contract: Three years; Not to exceed $708,000
6. Waiver/modification request: Allow $10,000 deductible
7. Reason for request and why it should be granted: Contract inspectors are needed to
augment city inspection staff due to the dramatic peaks in construction activity.
8. Identify the risks to the City in approving this waiver/modification: The risk would be the
possible exposure of the costs associated with a City employee.
6fffL-
N � 10/17/2006
epartment Head Signature Date:
PPROVALS
Approvals must-tie obtarne i 6,1he-order listed on this form. Two approvals are required
for a request to be granted x Approval from the,City Administrator's Office is only requires #
Risk Management and.; e i Attorney's Office disagree.
1. k Management
t Approved ❑ Denied
Signature Date
2. City Attorney's Office
Approved ❑ Denie JO/ ,,7/0
ISrnaturd,j Date
3. City Administrator's Office
❑ Approved ❑ Denied
Signature Date
r . r
0 a ,,the completed waiver/modification- est is to be.subrnitted�to-the-.-�.
City Attdrrtey's Once along with the contract for approval. Once the contract has been approved,
tttis form is to be`filed with the Risk Management Division of Administrative Services
Documentl 10/17/2006 1:52 PM
Oct 16 2006 2: 05PM HP LASERJET FAX P. 2
AXWL CERTIFICATE of LIABIUIY INSURANCE ore �+►
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Additional Insured per the attach" drulom o mLt.
•10 day notice of cancellation applies fen: non-pyraeot of pralaima. xx
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2000 Clain St=aet
lkmtington Beach CA 92648
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CERTIMATE HOLDER CANCEW►TIM
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Owners,Lessees Or Centracton(Fens B)
ADDITIONAL INSURED
THIS RKDORSKMEW CHANCES THE POLICY.PLBASB READ IT CARgFULLY.
Tltis eadonemm modifies iosunmce p vvided under fire following:
LIABILITYCOVERAGE PART,
SCHEDULE
Name of Person or Organization:
City of Hundngbm Heath,its agenla,offers and employees
SECTION II-WHO IS AN INSUM is ammAed to include Saltcdde,but o*with respect to VabiMy x"ie&
as an inowd dw person or organization down in out of`y+wu wnk"for that lnswW by or for you.
ROVED S TO FORM:
NIFER McGRATH,IC iA�tt�ey
Cl/BF YI 40 03 95 InckWas copyrighted material of iosumuce Savices Off,Ire.,with its permission.
Copyt*K Inmumm Set►iees Office,Ina,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 Faz ` ,President ated
Corporate Seal:
City of Huntington Beach
2000 MAIN STREET CALIFORNIA 92"8
DEPARTMENT OF BUILDING & SAFETY
Telephone: 714/536-5241
Fax: 714/374-1647
October 3, 2006
Scott Fazekas &Associates Inc. Mailed via fax and overnight letter
9 Corporate Plaza, Suite 200
Irvine, CA 90206
Re: Request for Proposal
Dear Colleague:
By this letter, the City of Huntington Beach is issuing a Request for Proposal to qualified
firms to prepare and submit a letter of proposal for staffing inspection services as
identified below. The positions desired are Building Inspector I or Building Inspector 11.
Scope of Services
1. 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.
Minimum Requirements for Buildinq Inspector
i. Entry level incumbent with knowledge of the adopted Building, Mechanical,
Plumbing & Electrical Codes, California Building Codes, local codes and
standards and all other building related codes and ordinances as adopted by the
State or the City of Huntington Beach; methods and practices involved in
construction; arithmetic and basic algebra, computer equipment; quality services
practices; safety issues and liability reduction.
WBuiilding Admin\RCA's,Contracts&Insurance Regmts\Request for Proposal-InspectionAoc
0
Minimum Requirements for Building Inspector 11
2. Journey level incumbent with knowledge of the adopted Building, Mechanical,
Plumbing & Electrical Codes, California Building Codes, local codes and
standards and all other building related codes and ordinances as adopted by the
State or the City of Huntington Beach; methods and practices involved in
construction; arithmetic and basic algebra, engineering principals concerning the
resistance of both lateral and vertical loading; quality service practices; safety
issues and liability reduction.
A sample contract and insurance requirements are attached.
Requirements for Letter of Proposal
Letter of Proposal must include:
�. A statement describing your firm's ability to provide the scope of services
outlined above.
2. At least three (3) references related inspection services.
3. A proposed fee schedule including time off for vacation and sick leave for leased
inspector.
If you are interested in responding to this Request for Proposal, your proposal must be
received by this office no later than 5:00 p.m. on October 17, 2006.
The City reserves the right to reject any and all proposals and to waive any irregularities
present in any response. Further, all costs associated with the response and all
expenses incurred throughout the final selection of bond counsel/disclosure counsel are
your responsibility. Any materials submitted will not be returned.
Thank you for your interest in the City of Huntington Beach. If you have any questions,
please call Jan Richards, Administrative Assistant at 714.536.5455.
Sincerely,
Ross Cranmer
Director of Building &Safety
Enclosure
GABuilding Admm1RCA's,Contracts&Insurance RegntslRequest for Proposal-Inspection.doc
I1 I •
City of Huntington Beach
j" 2000 MAIN STREET CALI FORNIA 926U
DEPARTMENT OF BUILDING & SAFETY
Telephone: 714/536-5241
Fax: 714/374-1647
October 3, 2006
CSG Consultants, Inc. Mailed via fax and overnight letter
151 Kalmus Drive—Ste. C 200
Costa Mesa, CA 92626
Re: Request for Proposal
Dear Colleague:
By this letter, the City of Huntington Beach is issuing a Request for Proposal to qualified
firms to prepare and submit a letter of proposal for staffing inspection services as
identified below. The positions desired are Building Inspector I or Building Inspector 11.
Scope of Services
1. 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.
Minimum Requirements for Building Inspector I
1. Entry level incumbent with knowledge of the adopted Building, Mechanical,
Plumbing & Electrical Codes, California Building Codes, local codes and
standards and all other building related codes and ordinances as adopted by the
State or the City of Huntington Beach; methods and practices involved in
construction; arithmetic and basic algebra, computer equipment; quality services
practices; safety issues and liability reduction.
GABudding Admin\RCA's,Contracts&Insurance RegmisWequest for Proposal-Inspeatioudoc
•
Minimum Requirements for Building Inspector 11
2. Journey level incumbent with knowledge of the adopted Building, Mechanical,
Plumbing & Electrical Codes, California Building Codes, local codes and
standards and all other building related codes and ordinances as adopted by the
State or the City of Huntington Beach; methods and practices involved in
construction; arithmetic and basic algebra, engineering principals concerning the
resistance of both lateral and vertical loading; quality service practices; safety
issues and liability reduction.
A sample contract and insurance requirements are attached.
Requirements for Letter of Proposal
Letter of Proposal must include:
�. A statement describing your firm's ability to provide the scope of services
outlined above.
2. At least three (3) references related inspection services.
3. A proposed fee schedule including time off for vacation and sick leave for leased
inspector.
If you are interested in responding to this Request for Proposal, your proposal must be
received by this office no later than 5:00 p.m. on October 17, 2006.
The City reserves the right to reject any and all proposals and to waive any irregularities
present in any response. Further, all costs associated with the response and all
expenses incurred throughout the final selection of bond counsel/disclosure counsel are
your responsibility. Any materials submitted will not be returned.
Thank you for your interest in the City of Huntington Beach. If you have any questions,
please call Jan Richards, Administrative Assistant at 714.536.5455.
Sincerely,
'T, Q l
Ross Cranmer
Director of Building & Safety
Enclosure
GABuilding AdminT-CA's,Contracts&Insurance Regmts\ReWest for Proposal-inspection.doc
City of Huntington Beach
2000 MAIN STREET CALIFORNIA 926U
�J DEPARTMENT OF BUILDING & SAFETY
Telephone: 714/536-5241
Fax: 714/374-1647
October 3, 2006
EsGil Corporation Mailed via fax and overnight letter
9320 Cheseapeake Drive
Ste. 208
San Diego, CA 92123
Re: Request for Proposal
Dear Colleague:
By this letter, the City of Huntington Beach is issuing a Request for Proposal to qualified
firms to prepare and submit a letter of proposal for staffing inspection services as
identified below. The positions desired are Building Inspector I or Building Inspector II.
Scope of Services
1. 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.
Minimum Requirements for Building Inspector I
i. Entry level incumbent with knowledge of the adopted Building, Mechanical,
Plumbing & Electrical Codes, California Building Codes, local codes and
standards and all other building related codes and ordinances as adopted by the
State or the City of Huntington Beach; methods and practices involved in
construction; arithmetic and basic algebra, computer equipment; quality services
practices; safety issues and liability reduction.
G:1Bw7dmg Adnm\RCA's,Contracts&Insurance RegintMequeA for Proposal-InWction doc
Minimum Requirements for Building Inspector 11
2. Journey level incumbent with knowledge of the adopted Building, Mechanical,
Plumbing & Electrical Codes, California Building Codes, local codes and
standards and all other building related codes and ordinances as adopted by the
State or the City of Huntington Beach; methods and practices involved in
construction; arithmetic and basic algebra, engineering principals concerning the
resistance of both lateral and vertical loading; quality service practices; safety
issues and liability reduction.
A sample contract and insurance requirements are attached.
Requirements for Letter of Proposal
Letter of Proposal must include:
�. A statement describing your firm's ability to provide the scope of services
outlined above.
2. At least three (3) references related inspection services.
3. A proposed fee schedule including time off for vacation and sick leave for leased
inspector.
If you are interested in responding to this Request for Proposal, your proposal must be
received by this office no later than 5:00 p.m. on October 17, 2006.
The City reserves the right to reject any and all proposals and to waive any irregularities
present in any response. Further, all costs associated with the response and all
expenses incurred throughout the final selection of bond counsel/disclosure counsel are
your responsibility. Any materials submitted will not be returned.
Thank you for your interest in the City of Huntington Beach. If you have any questions,
please call Jan Richards, Administrative Assistant at 714.536.5455.
Sincerely,
Ross Cranmer
Director of Building &Safety
Enclosure
GABuilding AdmmUtCA's,Contracts&insurance Regn tslRequest for Proposal-Inspection.doc
T CITJ#OF HUNTINGTON BE H
Professional Service Contracts
Purchasing Certification
1. Date: October 17, 2006
2. Department: Building and Safety
3. Requested by: Jan Richards
4. Name of consultant: Scott Fazekas Associates, Inc.
5. Attach the written statement of the specification, conditions and other requirements for the requested
services that was provided to solicited consultants in your answer to 11 of this form.
See Request for proposal for Staffing Inspection Services
6. Amount of the contract: $100,000
7. Are sufficient funds available to fund this contract?' ®Yes ❑ No
8. Is this contract generally described on the list of professional service contracts approved by the City
Council'? ®Yes ❑ No
9. Company number and object code where funds are budgeted: 10055201
10. Is this contract less than $50,000? ❑Yes ® No
11. Does this contract fall within $50,000 and $100,000? ®Yes ❑ No
12. Is this contract over$100,000? ❑Yes ® No
(Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make
sure the appropriate signature page is attached to contract.)
13. Were formal written proposals requested from at least three available qualified consultants?
®Yes ❑ No
14. Attach list of consultants from whom proposals were requested (including a contact telephone number).
Attached
15. Attach proposed scope of work.
Attached
16. Attach proposed payment schedule.
Attached
M�cr
ol't°b l�
artment Head Signature RI ARDpAADRIL, Manage
Purchasing/Central Services
1. If the answer to this question is"No,"the contract will require approval from the City Council.