HomeMy WebLinkAboutSCOTT FAZEKAS & ASSOCIATES, INC. - 2007-08-06 Council/Agency Meeting Held: /0•o%7
De�ferContinued to:d ❑ Conditionally Approved ❑ Denied .City Clerk's Signat
Council Meeting Date: 8/6/2007 Department ID Number: BD2007-4
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY OQUNCIL MEMBERS
SUBMITTED BY: PENELOPE LBRETH-G T, ADMINISTRATOR
PREPARED BY: ROSS CRANMER, DIRECTOR OF BUILDING & SAFETY
SUBJECT: APPROVE A REIMBURSEMENT AGREEMENT FOR SPECIAL
INSPECTION SERVICES ON THE PACIFIC CITY PROJECT AND
PROFESSIONAL SERVICE CONTRACT FOR THE SERVICES
E
tement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue:
Transmitted for the City Council's consideration is a Reimbursement Agreement between the
City and Makallon Atlanta Huntington Beach, LLC and a professional service contract
between the City and Scott Fazekas & Associates Inc. The reimbursement agreement will
offset the cost of providing special inspection services for the Pacific City project.
Funding Source:
The proposed Agreement allows the developer to pay for special services by depositing
funds totaling $360,000. Two payments of $180,000 each will be made on or before August
27, 2007 and July 1, 2008.
Recommended Action: Motion to:
1. "Approve the Reimbursement Agreement as prepared by the City Attorney, between
the City and Makallon Atlanta Huntington Beach, LLC and authorize the Mayor and
City Clerk to execute the Agreement."
2. "Appropriate Three Hundred Sixty Thousand Dollars ($360,000) to the Building &
Safety Department operating account number 10055201.69365 in connection with
the Reimbursement Agreement between the City and Makallon Atlanta Huntington
Beach, LLC."
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 8/6/2007 DEPARTMENT 1D NUMBER: BD2007-4
3. "Authorize the acceptance of two payments of $180,000 on or before August 27,
2007 and July 1, 2008 from Makallon Atlanta Huntington Beach, LLC for special
building inspection services."
04. `Approve the contract for$360,000 for special inspection services and authorize the
Mayor and City Clerk to execute the Professional Services Contract between the
City of Huntington Beach and Scott Fazekas Associates, Inc."
5. "Authorize the Director of Building & Safety to expend $360,000 for Special
Inspection Services for the Pacific City Project out of 10055201.69365."
Alternative Action(s): The City Council may make the following alternative motion(s):
1. "Deny the Reimbursement Agreement and Professional Service contract."
2. "Continue the item and direct staff accordingly."
Analysis:
Makallon Atlanta Huntington Beach, LLC has begun construction of the Pacific City project.
In order to help expedite the project, the developer has requested that the Building and
Safety Department commit sufficient resources to provide special inspection services. The
special services are to include a full-time Building Inspector assigned to the project for thirty
months. In order to provide for the special services, it will be necessary for the City to hire a
contract inspector. To pay for these services, the City and Makallon Atlanta Huntington
Beach, LLC will enter into a Reimbursement Agreement in the amount of $360,000. The
payments have been divided into two equal payments of $180,000, the first due on or before
August 27, 2007 and the second payment by July 1, 2008.
Scott Fazekas & Associates, Inc. currently provides contract inspectors to the City. Staff
recommends the City Council approve the agreement with Scott Fazekas & Associates, Inc.
for a not-to-exceed total contract amount of$360,000 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.
If the Reimbursement Agreement and budget appropriation to the Building & Safety
Department are not approved, the City will not be able to provide the proposed special
services in order to meet the developer's construction schedule.
-2- 7/23/2007 4:09 PM
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 8/6/2007 DEPARTMENT ID NUMBER: BD2007-4
Strategic Plan Goal:
Create an environment that promotes tourism to increase revenues to support community
services and transform the city's economy into a destination economy.
Environmental Status:
Not applicable
COUNCIL POLICY REGARDING REQUESTS FOR AN APPROPRIATION OF FUNDS:
As adopted by the City Council in March 1998, all requests for appropriation of funds must
meet one of the following criteria; 1) The request is for an unanticipated emergency, 2) The
request is required to implement labor negotiations, or 3) The request will be offset by related
new revenues.
This request meets criteria number 3.
The new appropriation being requested will be offset by related new revenues from the
Reimbursement Agreement between the City and Makallon Atlanta Huntington Beach, LLC.
Attachment(s):
City Clerk's
Page Number No. Description
1. Reimbursement Agreement between the City and Makallon Atlanta
Huntington Beach, LLC
2. Fiscal Impact Statement
3. Professional Service contract between the City and Scott Fazekas &
Associates, Inc.
-3- 7/23/2007 4:09 PM
ATTACHMENT 3
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND SCOTT
FAZEKAS & ASSOCIATES, INC.,FOR BUILDING
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 Payment 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 employees of FAZEKAS and whose
work duties and position are 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.
07-1136/12425
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. FAZEKAS will provide to CITY those Employees for CITY to
select from for inspection services in CITY's Building & Safety Department, which work duties
and 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 August 6, 2010, 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
07-1136/12425
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).
07-1136/12425
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 Three Hundred Sixty Thousand Dollars ($360,000).
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
07-1136/12425
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.
07-1136/12425
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 Crammer 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:
07-1136/12425
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.
07-1136/12425
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
August 6, , 2007.
SCOTT FAZEKAS &ASSOCIATES, INC., CITY OF HUNTINGTON BEACH, a
a California corporation municipal corporation of the State of
California
By:
Scott Fazekas, Mayo
President and Chief Financial Officer 98� 65�- 44��)
City Clerk
REVIEWED AND APPROVED: INITIATED AND APPROVED:
�Drect�oro
Building & Safety
Ci Administrator
APPROVED AS TO FORM:
0--City Attorney I`,C,ti3101 f
07-1 1 36/1 2425
EXHIBIT "A"
Payment Schedule (Hourly Payment)
A. Hourly Rate
CONSULTANT'S fees for providing a Building & Safety staffing services shall be based
upon the hourly rate of$40.00 to $85.00 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/6/25/07 EXHIBIT B 1
Hourly Payment
EXHIBIT "B"
A. STATEMENT OF WORK: (Narrative of work to be performed)
1. Perform building and safety staffing services to inspect construction
projects to ensure that the contractor 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/6/25/07
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 SCOTi`FAZEKAS&
ASSOCIATES, INC. The status remains the same to date.
Scott R FazekA, President aced
Corporate Seal:
ACORD,. CERTIFICATE OF LIABILITY INSURANCE OK-1 °A�`M"/05/
FAZE 1 06/OS/07
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION '
G. S. Levine Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Services, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
10505 Sorrento Valley Rd. #200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
San Diego CA 92121
Phone: 858-481-8692 Fax: 858-481-7953 INSURERS AFFORDING COVERAGE NAIC#
INSURED
INSURER A: •e...o.A..rta.i 20621
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17777 Del Paso Drive INSURERD
Poway CA 92064
INSURER E:
COVERAGES _
THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSLRED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTVATHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT NTH RESPECT TO WHCH THIS CEFITIRCATE MAY BE ISSUED OR
MAY PERTAIN THE INSUMNCE AFFORDED BY THE POLICIES DESCRIBED HERSN S SI EJECT TO ALLTHE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POUGES.AGGREGATE LIMITS SHOO MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR D'L POLICY EFFECTIVE POLICVEXPIRATION
LTR ,INSRD TYPE OF INSURANCE POUCVNUMBER DAM(MMND/YY) DAM(MMUD/YY) LIMITS
GENERAL LIABILITY EACH OCCURRENCE i 1,000,000
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c HMSNIADE X occLR MEDEXPIMY..P.—V $ 10,000
i PEHsorIALBAa✓IwuRY I a 1,000,000
GENERALAGISREGATE s 2,000,000
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GENLAGGREGATEUMTAPPUESPER PRCOLKT -COMP/CPA. i 2,000,000
rnucr F] Loc Emp Ben. 1,000,000
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coMlnN®sINGIE UMR i 1,000,000
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RETENTION E_..
WOiKEgS COMPENSATION AND WC STATU CT"
X iORV UMfTS ER
it EMPLOVERS'LIPBILITY
A 1 406017268 06/05/07 06/05/08 E.L.EACHACCIDENT $ 1000000
ANY PROPRIETOWPARTNER'EXECURVE R—..— ------- --- ----
OFRCHiNMEMBEREXCLUDED? E. DI
L.DISEASE EA EMPLOYEE E 1000000
SPCCAL PROVSIONS Delox E.L SEASE-POLICY UMIT i 1000000
OTHER
li
r
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Re: Building Safety Plan Check Services
City of Huntington Beach, its agents, officers and employees are named as
Additional Insured per the attached endorsement.
*10 day notice of cancellation applies for non-payment of premium. xx
CERTIFICATE HOLDER CANCELLATION
CITYHUH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING INSURER WILL�IIIIIIIIIIIIIIIIIIIIIIIMAIL 30* DAYS WRITTEN
City of Huntington Beach NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Attn: Mr. Ross Cranmer
2000 Main Street
Huntington Beach CA 92648
AUQ9RIZED REPRESENT
ACORD 25(2001/08) ®ACORD CORPORATION 1988
POLICY NUMBER: 6802252L18A COMMERCIAL GENERAL LIABILITY
DATE ISSUED: 06/05/07
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -
(ARCHITECTS, ENGINEERS AND SURVEYORS) -
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
SCHEDULE
NAME OF PERSON(S) OR ORGANIZATION(S): PER THE ATTACHED CERTIFICATE
PROJECT/LOCATION OF COVERED OPERATIONS:
1. WHO IS AN INSURED (Section II) is amended to include the person or organization
shown in the Schedule above as an additional insured on this Coverage Part,but:
a. Only with respect to liability for"bodily injury", "property damage" or"personal injury";
and
b. If the injury or damage arises out of the performance, by you or your subcontractor, of
"your work" on or for the project, or at the location, shown in the Schedule above. Such
person or organization does not qualify as an additional insured with respect to their
independent acts or for "bodily injury", "property damage" or "personal injury" for
which that person or organization has assumed liability in a contract or agreement.
2. The insurance provided to the additional insured by this endorsement is limited as follows:
a. This insurance does not apply to the rendering of or failure to render any "professional
services".
b. The limits of insurance afforded to the additional insured shall be the limits which you
agreed to provide in a "contract or agreement requiring insurance" for that additional
insured, or the limits shown in the Declarations for this Coverage Part, whichever are
less. This endorsement does not increase the limits of insurance stated in the LIMITS
OF INSURANCE (Section III) for this Coverage Part.
CG DM Includes copyrittpd ateri al of Insurance Serices Office,In c.,withts periasion. Pag bf 2
Copyrig Insurance Sery ices Office,Inc.,
3. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL
GENERAL LIABILITY CONDITIONS (Section IV):
However, if you specifically agree in a "contract or agreement requiring insurance" that,
for the additional insured shown in the Schedule,the insurance provided to that additional —
insured under this Coverage Part must apply on a primary basis, or a primary and non-
contributory basis, this insurance is primary to other insurance that is available to such --
additional insured which covers such additional insured as a named insured, and we will not share with the other insurance,provided that:
(1) The"bodily injury"or"property damage"for which coverage is sought occurs; and
(2) The "personal injury" for which coverage is sought arises out of an offense
committed;
after you have entered into that "contract or agreement requiring insurance" for such
additional insured. But this insurance still is excess over valid and collectible other
insurance, whether primary, excess, contingent or on any other basis, that is available to
the additional insured when the additional insured is also an additional insured under any
other insurance.
4. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others
To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV):
We waive any rights of recovery we may have against the additional insured shown in the
Schedule above because of payments we make for "bodily injury", "property damage" or
"personal injury" arising out of"your work"on or for the project, or at the location, shown in
the Schedule above, performed by you, or on your behalf, under a "contract or agreement
requiring insurance" with that additional insured. We waive these rights only where you
have agreed to do so as part of the "contract or agreement requiring insurance" with that
additional insured entered into by you before, and in effect when, the "bodily injury" or
"property damage"occurs, or the"personal injury" offense is committed.
5. As respects the insurance provided to the additional insured by this endorsement, the
following definition is added to DEFINITIONS (Section V):
"contract or agreement requiring insurance" means that part of any contract or agreement
under which you are required to include the person or organization shown in the Schedule as
an additional insured on this Coverage Part, provided that the "bodily injury" and "property
damage"occurs, and the"personal injury"is caused by an offense committed:
a. After you have entered into that contract or agreement;
b. While that part of the contract or agreement is in effect; and
C. Before the end of the policy period.
All othr terenof your policy resin th sam
CG DM Includes copyritpd ated al of Insurance Serices Office,In c.,withts perission. Pag 2)f 2
Copyrib Insurance Sery ices Office,Inc.,9
CITY OF HUNTINGTON BEACH
Professional Service Contracts
Purchasing Certification
1. Date: 7/18/2007
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 provided to solicited consultants.
On site Inspector assigned to the Pacific City Project
6. Amount of the contract: $360,000
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: 10055201.69365
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
r .
r & raMJA C
Department Head Signature A D AMADRIL
Purchasing and Central Services Manager
1. If the answer to this question is"No," the contract will require approval from the City Council.
LIST OF CONSULTANTS
INSPECTION SERVICES
Scott Fazekas Associates, Inc.
9 Corporate Park, Ste. 200
Irvine, CA 92606
949/475-2901
CSG Consultants, Inc.
151 Kalmus Drive, Ste. C-200
Costa Mesa, CA 92626
714/444-9595
EsGil Corporation
9320 Chesepeake Dr., Ste. 208
San Diego, CA 92123
858/560-1468
RCA ROUTING SHEET
INITIATING DEPARTMENT: Building &Safety
SUBJECT: Reimbursement Agreement for Special Inspection
Services on the Pacific City Project and the
Professional Services contract for the services
COUNCIL MEETING DATE: August 6, 2007
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Applicable
Contract/Agreement (w/exhibits if applicable) Attached
(Signed in full by the City Attomey) Not Applicable ❑
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attome ) 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) Attached ❑
Not Applicable
Staff Report (If applicable) Attach
El
Not A elicable
Commission, Board or Committee Report (If applicable) Attached ❑
Not Applicable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
EKPLAMAT�W FOO R HISSNG ATTACH NEWS
REVIEWED RETURNED FORW RED
Administrative Staff
Deputy City Administrator Initial V.
City Administrator (Initial) ( ) (
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:.
Only)(Below Space For City Clerk's Use
RCA Author:
City of Huntington Beach
� . y ng
' 2000 Main Street • Huntington Beach, CA 92648
• OFFICE OF THE CITY CLERK
JOAN L. FLYNN
Aug CITY CLERK
Scott Fazekas & Associates, Inc.
Attn: Scott Fazekas
9 Corporate Park, Suite 200
Irvine, CA 92606-5132
Dear Mr. Fazekas:
Enclosed for your records is a copy of the Professional Services Agreement between
the City of Huntington Beach and Scott Fazekas &Associates, Inc. for Building
Inspection Services for the Pacific City project.
Sincerely,
an L. Flynn
City Clerk
JF:pe
Enclosure: Agreement
G:fol1owup:agrmtltr
Sister Cities: Anjo, Japan • Waitakere, New Zealand
1 Telephone:714-536-5227►