HomeMy WebLinkAboutScott Fazekas Associates - 2006-10-25 0 � CONTRACTS SUBMITTAL TO
' CITY CLERK'S OFFICE
To: JOAN FLYNN, City Clerk
Name of Contractor: Scott Fazekas Associates
Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park
Plan Review Services
Amount of.Contract: Not to exceed $100,000.00
Copy of contract distributed to.- The original insurance certificate/waiver distributed
to Risk Management
Initiating Dept. ❑
City Treasurer ❑ ORIGINAL bonds sent to Treasurer ❑
Date:
a e/Ext nsion
City Attorney's Office
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A) cc)Cc)tj �i
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SCbT"� FAZ.G KPrS Asstx . ,
FOR
'P L 1A cv R E V lE W S E EiJ,C{c S
THIS AGREEMENT ("Agreement") is made and entered into this day of
2COL , by and between the City of Huntington Beach,'a municipal
corporation of the State of California, hereinafter referred to as "CITY, and
(cocTi FiA2 e%4As asco rtv c , a c oukF OKO to C oR4ot'RT10o
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
QEFtFpKM �RoF���StoNAI Qtlary +REV tEw SERVIGES ; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of
professional service contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE,it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A,"
which is attached hereto and incorporated into this Agreement by this reference. These
services shall sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates SCcrrT P Arzg:Y,4 s who shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
agree/forms/prof m10/1 510 1-A 1
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT
in the performance of this Agreement.
3. TERM, TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT
are to commence as soon as practicable after the execution of this Agreement by CITY(the
"Commencement Date"). This Agreement shall expire on 1:1 130�9.oD41 ,unless
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be
completed no later than cl 1 3 p r'a Oo 9 from the Commencement Date of this
Agreement. These times may be extended with the written permission of CITY. The time
for performance of the tasks identified in Exhibit "A" are generally to be shown in
Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed
to in writing by CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT on a time and materials basis at the rates specified in
Exhibit "B," which is attached hereto and incorporated by reference into this Agreement,
a fee, including all costs and expenses, not to exceed
ONG \Au+JMelp \,\-\ouSrA-ND Dollars ($\00,*0o . oo )•
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A"
or changes in the scope of services described in Exhibit "A," CONSULTANT will
undertake such work only after receiving written authorization from CITY. Additional
agree/foams/profsery 10/15/01-A 2
compensation for such extra work shall be allowed only if the prior written approval of
CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
7. DISPOSITION OF PLANS,ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder,
including, without limitation, all original drawings, designs, reports, both field and office
notices, calculations, computer code, language, data or programs, maps, memoranda,
letters and other documents, shall belong to CITY, and CONSULTANT shall turn these
materials over to CITY upon expiration or termination of this Agreement or upon
PROJECT completion, whichever shall occur first. These materials may be used by CITY
as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials,' employees, agents and
volunteers from and against any and all claims, damages, losses, expenses, judgments,
demands and defense costs (including, without limitation, costs and fees of litigation of
every nature or liability of any kind or nature) arising out of or in connection with
CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of
this Agreement or its failure to comply with any of its obligations contained in this
Agreement by CONSULTANT, its officers, agents or employees except such loss or
damage which was caused by the sole negligence or willful misconduct of CITY.
CONSULTANT will conduct all defense at its sole cost and expense and CITY shall
agree/forms/profsery 10/15/01-A 3
approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy limits
do not act as limitation upon the amount of indemnification to be provided by
CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One
Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-
mentioned insurance shall not contain a self-insured retention, "deductible" or any other
similar form of limitation on the required coverage except with the express written consent
of CITY. A claims-made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation
of the scope of work (including subsequent policies purchased as
renewals or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents
that might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during
the required extended period of coverage following PROJECT completion. If insurance is
terminated for any reason, CONSULTANT agrees to purchase an extended reporting
provision of at least two (2) years to report claims arising from work performed in.
connection with this Agreement.
agree/forms/profservl0/15/01-A 4
2-
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to CITY a certificate of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverage as required by this Agreement; the certificate
shall:
A. provide the name and policy number of each carrier and policy;
B. shall state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or
canceled by either party, reduced in coverage.or in limits except
after thirty (30) days' prior written notice; however, ten (10) days'
prior written notice in the event of cancellation for nonpayment of
premium.
CONSULTANT shall maintain the foregoing insurance coverage in force
until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not
derogate from CONSULTANT's defense,hold harmless and indemnification obligations as
set forth in this Agreement. CITY or its representative shall at all times have the right to
demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a.
prompt and timely manner, the premiums on the insurance hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT_is, and shall be, acting at all times in the performance of
this 'Agreement as,an independent contractor herein and not as an employee of CITY.
CONSULTANT shall secure at its own cost and expense, and be responsible for any and
agree/forms/profsm 10/15/01-A 5
all payment of all taxes, social security, state disability insurance compensation,
unemployment compensation and other payroll- deductions for CONSULTANT and its
officers, agents and employees and all business licenses, if any, in connection with the
PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or
without cause, and whether or not the PROJECT is fully complete. Any termination of this
Agreement by CITY shall be made in writing, notice of which shall be delivered to
CONSULTANT as provided .herein., In the event of termination, all finished and
unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become
its property and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall
not be assigned, delegated,or subcontracted by CONSULTANT to any other person or
entity without the prior express written consent of CITY. If an assignment, delegation or
f
subcontract is approved, all approved assignees, delegates and subconsultants must satisfy
the insurance requirements as set forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY-shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement.
agree/forms/profsery 10/1 510 1-A 6
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section 1
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to
the addresses specified below. CITY and CONSULTANT may designate different
addresses to which subsequent notices, certificates or other communications will be sent by
notifying the other party via personal delivery, a reputable overnight carrier or U. S.
certified mail-return receipt requested:
TO CITY: TO CONSULTANT:
City of Huntington Beach SGo7T �ZE
ATTN: 'Ross Cg"Rea lm GCoTT % EKAS 65SOC. INC-
2000 Main Street �R
Huntington Beach, CA'92648 q C 00,1P aR-R i tc 1� {tK S't'r= of o a
CAA 9a60,6- 5�3a
17. CONSENT
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval
to any subsequent occurrence of the same or any other transaction or event.
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t
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive
and are included solely for convenience of reference only and are not representative of
matters included or excluded from such provisions, and do not interpret, define, limit or
describe, or construe the intent of the parties or affect the construction or interpretation of
any provision of this Agreement.
20. 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
agree/forms/profservl0/15101-A 8.
which is hereby affected shall be curtailed and limited only to the extent necessary to bring
it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so,executed shall,
irrespective of the date of its execution and delivery, be deemed an original. Each
duplicate original shall be deemed an original instrument as against any parry who has
signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the
immigration and naturalization laws of the United States and shall, in particular, comply
with the provisions of the United States Code regarding employment verification..
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of,any
subcontractor work involving legal services, and that such legal services are expressly
outside the scope of services.contemplated hereunder. CONSULTANT understands that
pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive
legal counsel for CITY; and CITY shall not be liable for payment of any legal services
expenses incurred by CONSULTANT.
24. 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,
agree/forms/profsm 10/15/01-A 9
each party shall bear its own attorney's fees, such that the prevailing parry shall not be
entitled to recover its attorney's fees from the non-prevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of California.
27. ENTIRETY
The parties acknowledge. and agree that they are entering into this
Agreement freely and voluntarily following extensive arm's length negotiation, and that
each has had the opportunity to consult with legal counsel prior to executing this
Agreement. The parties also acknowledge and agree that no representations, inducements,
promises, agreements or warranties, oral or otherwise, have been made by that party or
anyone acting on that party's behalf, which are not embodied in this-Agreement, and that
that party has not executed this Agreement in reliance on any representation, inducement,
promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the entire agreement
between the parties respecting the subject matter of this Agreement, and supersede all prior
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof
agree/forms/profsml0/15/01-A 10
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above
written.
CONSULTANT,
CITY OF HUNTINGTON BEACH;
S C oT T12��GCa►S �sSoC., c a municipal corporation of the State of California
C�r Director of D tN 6 IEST Y
By: - (Pursuant To HBMC§3.03 100)
SCdzT A2�K'RS
print name
ITS: (circle one)Chairma residen ice President APPROVED AS TO FORM:
AND ...
City Attorney
By:
ScoT-t 1PA2-Evv,�S REVIE AND PROVED
print name
ITS: (circle one)Secretary f Financial Officer ,sst.ie
66__�
Secretary—Treasurer
- City Administrator
(only for contracts$50,000.00 and over)
1
agree/forms/profservl0/15/01-A I 1
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PROFE0SI��N/�LSERxJICE8��K���TR��CTBBT�JEE��
' THE CITY OF HUNTINGTON BEACH AND '
FOR '
�
Table of Contents �
lScope nf Services......................................................................................................l
2 City Staff Assistance................................................................................................2
' 3 Term; Time of Performance......................................................................................2
'
. 4 C -----------'----------_---_--------2 _
5 Extra Work... ...........................................................................................................2
6 Method of Payment.-------'------------------'..--..3
7 Disposition of Plans,. Estimates and Other Documents ............................................]
_ 8 Hold Harmless ...........................................................................................................3
9 Professional Liability Insurance.---------------------_—. —.4
10 Certificate mf Insurance........................................................................:....................5
- ll Independent Contractor.,........................................................................................... �
12 Termination of -----'---------_--..—`-------'6
13 Assignment and Delegation------'---------------------'6
14 -------------'_----'----_--'7 �
15 City Employees and Officials..................................................................................?
16 Notices............ ... .................. ... ..................... ... ...... ............ ... ........7
17 Consent...................... ..............................................................................................8
J0Modifioutioo...............................................................................................................0 .
19 8mcdwo Headings ----------------------.---.'------'0
20 Interpretationof this ------------------_------.8
21 -----'-----------'—'-------------.9
22 .-----------------_______.9
23 Teo� Services Sob �igration Probihbed-----------.-----..:...........9
. 24 Fees ------'----.---------..---------.----.l0
25 Survival................................................................... ............ ....................................l0
26 Governing Law.........................................................................................................lU
27 Entirety, -------------------------------------'l0
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EXHIBIT "A„
A. STATEMENT OF WORK: (Narrative of work to be performed)
1. Perform traditional plan review of submitted plans to determine compliance
with construction codes as adopted and amended by the, City of Huntington
Beach including:
Building Code
Plumbing Code
Mechanical Code
National Electric Code
California State,Title 24
Noise Attenuation and local requirements
Federal Flood Plan Regulations (FEMA)
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
1. SFA shall pay all wages to its plan check engineer who are subject to this
agreement.
jmp/contracts grouplexA/9113105 ,
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EXHIBIT "B"
Payment Schedule (Hourly Payment)
A. Hourly Rate
CONSULTANT'S fees plan review services shall be based upon the following:
Seventy percent of the building permit fee calculated per Table 3A of the 1991 Uniform
Administrative Code for each building plan checked. The construction valuation shall be
based on the most recent valuation multiplier published by the International Code Council in
Building Standards as adopted by the City or on the architect's estimated construction cost,
or on the Building Official's cost estimate. The value shall include a proposed construction
as defined in Uniform Administrative Code, Section 304.
Plan Check fee for repetitive identical buildings shall be 70% of the building permit fee as
noted above for the first, or basic building, and 15% of the building permit fee for each
additional building.
The single fee includes all rechecks, plan check conferences at Consultant's office,
reviewing plans that are initially found to be incomplete and for the transmitting of plans
back to the jurisdiction.
The.minimum Consultant fee for any proposed project plan review shall be one hundred and
fifty dollars ($150.00).
Compensation for plan reviews of reviews to plans that have previously been approved for
permit issuance shall be $85.00 per hour.
B. Billing
1. All billing shall be done monthly in one-tenth-hour (0.10) increments and matched
to an appropriate breakdown of the time that was taken to perform that work and
who performed it.
Minimum billing charges are unacceptable. CONSULTANT shall only charge for
actual time spent. For example, minimum of 0.2 hours for phone calls or 0.4 hours
for letters is unreasonable unless that is an accurate measure of time spent. .
2. Each month's bill should include a total to date. That total should provide, at a
glance, the total fees and costs incurred to date for the case or matter.
agree/fomis/exB-hourly fee/9/13/05 EXHIBIT B 1
Hourly Payment
4
EXHIBIT "B"
Payment Schedule(Hourly Payment)
3. Telephone, cellular phone and postage charges are billable at actual cost. A copy of
all service bills/costs should accompany the'billing for each single item that exceeds
Seventy-Five Dollars ($75.00). The fee for the sending or receiving of facsimiles
shall not exceed Twenty-five Cents ($0.25) per page. CITY will not pay a fee or
charge for telephone calls or facsimiles to CITY. Photocopier costs should be no
more than the actual cost of duplication, or Ten Cents ($0.10) per page, whichever
is less.
4. CITY will not pay for secretarial time,or secretarial overtime. ,CITY. will not pay
for secretarial tasks or tasks that should be subsumed into CONSULTANT's
overhead. For example, time spent for faxing, mailing, arranging for messengers
and calendaring are not acceptable charges.
5. CITY will not pay for word processing charges. This includes per page or hourly
charges.
6. CITY will not,pay for billing or discussion of bills. If CITY has questions about
billing or needs additional information on bills, that is not a chargeable event;
CONSULTANT should respond without charging CITY for the time required.
7. CITY appreciates when CONSULTANT has researched an issue previously and
uses that research on the present case. CITY has retained CONSULTANT because
of its past experience. CONSULTANT shall not charge CITY for work it has done
and billed another client for in the past.
8. Delivery of work product: A copy of every memorandum, letter, report, calculation
and other documentation prepared by CONSULTANT shall be submitted to CITY to
demonstrate progress toward completion of tasks. In the event CITY rejects or has
comments on any such product, CITY shall identify specific requirements for
satisfactory completion.
9. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such
invoice.shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of the percentage of work completed. .
agree/forms/exB-hourly fee/9/13/05 EXHIBIT B 2
Hourly Payment
EXHIBIT VIBIT
Payment Schedule (Hourly Payment)
Upon 'submission of any such invoice, if CITY is satisfied that CONSULTANT is
making satisfactory progress toward completion of tasks in accordance with this
Agreement, CITY shall approve the invoice, in which event payment shall be made
within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
unreasonably withheld. If CITY does not approve an invoice, CITY shall notify
CONSULTANT in writing of the reasons for non-approval and the schedule of
performance set,forth in Exhibit "A" may at the option of CITY be suspended until the
parties agree that past performance by CONSULTANT is in, or has been brought into
compliance, or until this Agreement has expired or is terminated as provided herein.
10. Any billings for extra work or additional services authorized in advance and in writing
by CITY shall be invoiced separately to CITY. Such invoice shall contain.all of the
information required above, and in addition shall list the hours expended and hourly
rate charged for such time. Such invoices shall be approved by CITY if the work
performed is in accordance with the extra work or additional services requested, and if
CITY is satisfied that the statement of hours worked and costs incurred is.accurate.
Such approval shall not be unreasonably withheld. Any dispute between the parties
concerning payment of such an invoice shall be treated as separate and apart from the
ongoing performance of the remainder of this Agreement.
agree/forms/exB-hourly fee/9/13/05 EXHIBIT B 3
Hourly Payment
1 a 049
M d
SECRETARY OF STATE
CORPORATION DIVISION
I, Bff L JONFS, Secretary of State of the State of C. ifornia,
hereby certify:
That the annexed transcript has been compai d with
the corporate record on file in this office, of i iich it
purports to be a copy, and that same is full, t_ ie and
correct.
IN WITNESS WHEREOF, !xecute
this certificate and aff ix ie Great
Seal of the State of Calif -nia this
JUN . � �96
I
I`
.!F
0
Secretary of Sbi
SwStaw Form CE-i07(mv.&%I
1785,049
F ! L E O
:hr: icy of the Secretary of State
WON 4 1996
ARTICLES OF INCORPORATION
OF
SCOTT FAZEKAS & ASSOCIATES, INC.
i -.JOKES,Sooky of.S1AIQ
. I
The name of this corporation is SCOTT FAZEKAS & A OCIATES,
INC.
TI
The purpose of this corporation is to engage in any wful act
or activity for which a corporation may be organized ider the
General Corporation Law of California other than tri, banking
business, the trust company business or the pract.. a of a
profession permitted to be incorporated by the c lifornia
Corporations Code.
III
The name and address in -the State of California of U initial
agent for service of process for the corporation is: ;N lliam A.
Woodyard, 1948 Port Cardigan, Newport Beach, California ?660.
IV
This corporation is authorized to issue only one :lass of
shares. of stock; and the. total number of shares w) ch this
corporation is authorized to issue is One Hundred Chousand
(100,000) .
IN WITNESS WHEREOF., the undersigned, who is the inc,' -porator
of this corporation, has executed these .Articles of Incc ;)oration
on June 3, 1996.
S OTT FAZE , Incorpoz ':or
i
RESOLUTION
Aboard 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:
Wi
INSURANCE AND INDEMNIFICATION WAIVER
MODIFICATION REQUEST
1. . Requested by: Ross Cranmer t tFsY, ,1
2. Date: October 17, 2006 `�'ZY Atto" c .Nr
},. office",
3. Name of contractor/permittee: .Scott Fazekas Associates, Inc.
4. Description of work to be performed: Professional Plan Review Services
5. Value and length of contract: Three years; Not to exceed $375,000
6. Waiver/modification request: Allow $10,000 deductible .
7. Reason for request and why it should be.granted: Plan review services is administering a
government process and is not producing a product for the City. Consultant is working
with the City and is guided by the City.
8. identify the risks to the City.in approving this waiver/modification: No more than hiring a
City Employee.
;� �s - tom ► (L't�/(� 10/17/2006
t Department Head Signature Date:
APPROVALS
Approvals must be obtained in the order.listed on this form. Two approvals are required
for a.request to be granted. Approval from the.City Administrator's Office is only required if
Risk Management and Oe City Attorney's Office disagree.
1. RiskManagement
Approved ❑ Denied ' % all
Signature ate
2. City Attorney's Office
pproved ❑ Denied jj
Signature Date
3. City Administrator's.Office
El Approved El Denied
Signature Date
If approved,the completed waiver/modification.request is'to be submitted to.the
City Attorneys Office along with'the contract forapproval. Once the contract has-been approved,
this form.is to be filed with the Risk Management Division of Administrative Services
Document1 10/17/2006 1:54'PM
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City of Huntington Beach wCili6 TO ME IlMlIP MSTtO WIT NOW TO TIM Ea'i
<At=*.`Mr. Ross cr ax YtiZ`",. '�;•... r
2000 Main Street
Huntington Bench CA 92648
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ACORD 25(2D011AP) r O ACORD CORP N11188
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40
, CITY OF HUNTINGTON BEACH
Professional Service Contracts
FB a,p 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 plan review 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'? E Yes ❑ No
9. Company number and object.code where funds are budgeted: 10055301
10. Is this contract less than $50,000? ❑ Yes ® No
11. Does this contract fall within $50,000 and $100,000? E Yes ❑ No
12. is this contract over$100,000? ❑ Yes E 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?
E 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
partment Head 8ignature RI ARD AMADRIL, Manager
Purchasing/Central Services
1. If the answer to this question is"No," the contract will require approval from the City Council.
City of Huntington ' Beac�i
. r
2000 MAIN STREET CALIFORNIA 92W
DEPARTMENT OF BUILDING & SAFETY
Telephone: 714/536-5241
Fax:. 714/374-1647
October 3, 2006
Scott Fazekas Associates, Inc.
9 Corporate Park Ste. 200
Irvine; CA 92606
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 to perform Professional Plan Review as identified
below:
Scope of Services
Perform traditional plan review including review of structural calculations of
submitted plans to determine compliance with construction codes as adopted
and amended by the City of Huntington Beach including:
Building Code
Plumbing Code
Mechanical Code
National Electric Code
California State, Title 24
Noise Attenuation and local requirements
Federal Flood Plan Regulations (FEMA)
GABuilding Admin\RCA's,Contracts&Insurance Regmts\Request for Proposal-Plan Review.doc
A sample contract and insurance requirements are attached:
Requirements for Letter of Proposal
Letter of Proposal must include:
1. A statement describing your firm's ability to provide the scope of services outlined
above.
2. The names and resumes of persons who will be assigned to the City's project.
3. At least three (3)references related plan review services.
4. A proposed fee schedule
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
r
GABuilding Adrnin\RCA's,Contracts&Insurance RegmtslRequest for Proposal-Plan Review.doc
City of Huntington Beach
2000 MAIN STREET CALIFORNIA 92648,
DEPARTMENT OF BUILDING & SAFETY
Telephone: 714/536-5241
Fax: 714/374-1647
October 3, 2006
CSG-Consultants, Inca
Khoa Duong, Vice President
151 Kalmas Drive, Suite 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 to perform Professional Plan Review as
identified below:
Scope of Services
Perform traditional plan review including review of structural calculations of
submitted plans to determine compliance with construction codes as adopted
and amended by the City of Huntington Beach including:
Building Code
Plumbing Code
Mechanical Code
National Electric Code
California State;Title 24
Noise Attenuation and local requirements.
Federal Flood Plan Regulations (FEMA)
WBuilding Admin\RCXs,Contracts&Insurance Regmts\Request for Proposal-Plan Review.doc
A sample contract and insurance requirements are attached.
Requirements for Letter of Proposal
Letter of Proposal must include:
le A statement describing your firm's ability to provide the scope_ of services
outlined above.
2. The names and resumes of persons who will be assigned to the City's project..
3. At least three (3) references related plan review services.
4. A proposed fee schedule
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 Admin\RCA's,Contracts&Insurance RegnItST-equest for Proposal-Plan Review.doc
J� > ' City of Huntington Beach............
f 2000 MAIN STREET CALIFORNIA 92648
rg, 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 to perform Professional Plan Review as.
identified below:
Scope of Services
Perform traditional plan review including review of structural calculations of
submitted plans to determine compliance with construction codes as adopted
and amended by the City of Huntington Beach including:
Building Code
Plumbing Code
Mechanical Code
National Electric Code
California State, Title 24
Noise Attenuation and local requirements
-Federal Flood Plan Regulations (FEMA)
G:\13uilding Admm\RCA!s,Contracts&Insurance RegmtslRequest for Proposal-Plan Review.doc
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. The names and resumes of persons who will be assigned to-the City's project.
3; At least three (3) references related plan review services.
4. A proposed fee schedule
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 Admin\RCA's;Contracts&Insurance Regmts\Request for Proposal-Plan Review.doc
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
1. Perform traditional plan review of submitted plans to determine compliance
with construction codes as adopted and amended by the City of Huntington
Beach including:
Building Code
Plumbing Code
Mechanical Code
National Electric Code
California State, Title 24
Noise Attenuation and local requirements
Federal Flood Plan Regulations (FEMA)
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
1. SFA shall pay all wages to its plan check engineer who are subject to this
agreement.
jmp/contracts group/exA/10/17/06
i
EXHIBIT "B"
Payment Schedule (Hourly Payment)
A. Hourly Rate
CONSULTANT'S fees plan review services shall be based upon the following:
Seventy percent of the building permit fee calculated per Table 3A of the 1991 Uniform
Administrative Code for each building plan checked. The construction valuation shall be
based on the most recent valuation multiplier published by the International Code Council in
Building Standards as adopted by the City or on the architect's estimated construction cost,
or on the Building Official's cost estimate. The value shall include a proposed construction
as defined in Uniform Administrative Code, Section 304.
Plan Check fee for repetitive identical buildings shall be 70% of the building permit fee as
noted above for the first, or basic building, and 15% of the building permit fee for each
additional building.
The single fee includes all rechecks, plan check conferences at Consultant's office,
reviewing plans that are initially found to be incomplete and for the.transmitting of plans
back to the jurisdiction.
The minimum Consultant fee for any proposed project plan review shall be one hundred and
fifty dollars ($150.00).
Compensation for plan reviews of reviews to plans that have previously been approved for
permit issuance shall be $85.00 per hour.
B. Billing
1. All billing shall be done monthly in one-tenth-hour (0.10) increments and matched
to an appropriate breakdown_of the time that was taken to perform that work and
who performed it.
Minimum billing charges are unacceptable. CONSULTANT shall only charge for
actual time spent. For example, minimum of 0.2 hours for phone calls or 0.4 hours
for letters is unreasonable unless that is an accurate measure of time spent.
2. Each month's bill should include a total to date. That total should provide, at a
glance,the total fees and costs incurred to date for the case or matter.
agree/forms/exB-hourly fee/10/17/06 EXHIBIT B 1
Hourly Payment
EXHIBIT "B'►
Payment Schedule (Hourly Payment)
3. Telephone, cellular phone and postage charges are billable at actual cost. A copy of
all service bills/costs should accompany the billing for each single item that exceeds
Seventy-Five Dollars ($75.00). The fee for the sending or receiving of facsimiles
shall not exceed Twenty-five Cents ($0.25) per page. CITY will not pay a fee or
charge for telephone calls or facsimiles to CITY. Photocopier costs should be no
more than the actual cost of duplication, or Ten Cents ($0.10) per page, whichever
is less.
4. CITY will not pay for secretarial time or or secretarial overtime. CITY will not pay
for secretarial tasks or tasks that should be subsumed into CONSULTANT's
overhead. For example, time spent for faxing, mailing, arranging for messengers
and calendaring are not acceptable charges.
5. CITY will not pay for word processing charges. This includes per page or hourly
charges.
6. CITY will not pay for billing or discussion of bills. If CITY has questions about
billing or needs additional information on bills, that is not a-chargeable event;
CONSULTANT should respond without charging CITY for the time required.
7. CITY appreciates when CONSULTANT has researched an issue previously and
uses that research on the present case. CITY has retained CONSULTANT because
of its past experience. CONSULTANT shall not charge CITY for work it has done
}
and billed another client for in the past.
8. Delivery of work product: A copy of every memorandum, letter, report, calculation
and other documentation prepared by CONSULTANT shall be submitted to CITY to
demonstrate progress toward completion of tasks. In the event CITY rejects or has
comments on any such product, CITY shall identify specific requirements for
satisfactory completion.
9. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such
invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal,member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of the percentage of work completed.
agree/forms/exB-hourly fee/10/17/06 EXHIBIT B 2
Hourly Payment
EXHIBIT "B"
Payment Schedule (Hourly Payment)
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is
making satisfactory progress toward completion of tasks in accordance with this
Agreement, CITY .shall approve the invoice, in which event payment shall be made
within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
unreasonably withheld. If CITY does not approve an invoice, CITY shall notify
CONSULTANT in writing of the reasons for non-approval and the schedule of
performance set forth in Exhibit "A" may at the option of CITY be suspended until the
parties agree that past performance by CONSULTANT is in, or has been brought into
compliance, or until this Agreement has expired or is terminated as provided herein.
10. Any billings for extra work or additional services authorized in advance and in writing'
by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly
rate charged for such time. Such invoices shall be approved by CITY if the work
performed is in accordance with the extra work or additional services requested, and if
CITY is satisfied that the statement of hours worked and costs incurred is accurate.
Such approval shall not be unreasonably withheld. Any dispute between the parties
concerning payment of such an invoice shall be treated as separate. and apart from the
ongoing performance of the remainder of this Agreement.
agree/forms/ex&hourly fee/10/17/06 EXHIBIT B 3
Hourly Payment