HomeMy WebLinkAboutScott Fazekas Associates, Inc. - 2007-11-14 CONTRACTS SUBMITTAL TO
CITY CLERK'S OFFICE 2003 AUG 23 PM 3: 41
To: JOAN FLYNN, City Clerk
Name of Contractor: Scott Fazekas & Associates, Inc. Amendment
No. 1
Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park
Plan Review Services
Amount of Contract: $100,000
Copy of contract distributed to: The original insurance certificate/waiver distributed
Initiating Dept. El to Risk Management El
Finance Dept. F] ORIGINAL bonds sent to Treasurer ❑
Date: /ZO�
4arn6/_Extengion ' '
City Attorney's Office
G:AttyMisc/Contract Forms/City Clerk Transmittal
Y—,
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT
BETWEEN THE CITY OF HUNTINGTON BEACH AND
SCOTT FAZEKAS & ASSOCIATES, INC. FOR
PLAN REVIEW SERVICES
THIS AMENDMENT is made and entered into by and between the CITY OF
HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City",
and SCOTT FAZEKAS & ASSOCIATES, a California corporation, hereinafter referred to as
CONSULTANT.
WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated
November 14, 2007, entitled "Professional Services Contract Between the City of Huntington
Beach and Scott Fazekas & Associates, Inc. for Plan Review Services" which agreement shall
hereinafter be referred to as the "Original Agreement," and
Since the execution of the Original Agreement, CITY and CONSULTANT wish to
amend the Original Agreement to extend the term thereof for one additional year,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. Paragraph 3 TERM; TIME OF PERFORMANCE is hereby amended as follows:
3. TERM, TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of
CONSULTANT are to commence on November 14, 2007 (the "Commencement Date").
This Agreement shall automatically terminate on September 30, 2009, unless extended or
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be
completed no later than September 30, 2009. 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.
07-1315.001/24902 1
In the event the Commencement Date precedes the Effective Date,
CONSULTANT shall be bound by all terms and conditions as provided herein.
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 Agreement to be executed
by and through their authorized officers 2 , 2008.
CONSULTANT: CITY OF HUNTINGTON BEACH,
SCOTT FAZEKAS &ASSOCIATES, INC., a municipal corporation of the State of
a California corporation California///
B
Scott Fazekas City/Administrator
President and C g ief Financial Officer
INITIATED AND APPROVED:
Director of Building& Safety
APPROVED AS TO FORM:
7-)-1 4
/"— ity Attorney
07-1315.001/24902 2
Su it INSURANCE AND INDEMNIFICATION WAIVE
Hun i Bea6,, MODIFICATION REQUEST
q y � `` k;
1. Requested b : Jan RichardsAUG 2 0 2000
2. Date: August 14, 2008
3. Name of contractor/permittee: Scott Fazekas &Associates cir nting
officeBeac
4. Description of work to be performed: Plan Review Services
5. Value and length of contract: Amendment to existing contract
6. Waiver/modification request: Allow $10,000 deductible
7. Reason for request and why it should be granted: Consultant is not producing a product
for 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
�� •� �8
Department Head Signature Datet
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 t e City Attorne 's Office disagree.
1. i Management
Approved ❑ Denied //-
\ Signature Date
2. City Attorney's Office
R
Approved ❑ Denied + t
Signature Date
3. City Administrator's Office
❑ Approved ❑ Denied
Signature Date
If approved, the completed waiver/modification request is to be submitted to the
City Attorney's Office along with the contract for approval. Once the contract has been approved,
this form is to be filed with the Risk Management Division of Administrative Services
waiver form.doc 8/14/2008 10:04:00 AM
DATE(MMIDDIYYYY)
CERTIFICATE OF LIABILITY INSURANCE 08/14/2008
PRODUCER (619)574-6220 FAX (619)574-6288 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Insurance Office of America, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
DBA IOA Insurance Services HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
1775 Hancock Street, Ste. 180
San Diego, CA 92110 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Travelers Indemnity Co of Ct 25682
INSURERB: Travelers P&C Co. of America 25674
Scott Fazekas & Associates INSURERC: One Beacon America Ins. Co.
9 Corporate Park Drive INSURERD: Zurich North America
Irvine, CA 92606 INSURERE'
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECT VE POLICY EXPIRATION LIMITS
DATE(MMIDDNY)
GENERAL LIABILITY 68022521-18A 06/05/2008 06/05/2009 EACH OCCURRENCE $ 1,000,000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED nice $ 300,000
CLAIMS MADE lr-I OCCUR MED EXP(Any one person) $ 5,000
A PERSONAL&ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000
17 POLICY T jET LOC
AUTOMOBILE LIABILITY 68022521-18A 06/05/2008 06/05/2009 COMBINED SINGLE LIMIT
ANY AUTO (Ea accident) $
Include
ALL OWNED AUTOS BODILY INJURY
(Per person) $
A SCHEDULED AUTOS APPROVED AS TO FORM
X HIRED AUTOS �JEIJNIFER CGRATH,City Etom $/ � BODILY INJURY
X NON-OWNED AUTOS (Per accident)
,,,9 PROPERTY DAMAGE $
BY Paul I)Al San 1/ � (Per accident)
GARAGE LIABILITY 3 wq AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESSIUMBRELLALIABILITY CUP6527Y301 06/05/2008 06/05/2009 EACH OCCURRENCE $ 1,000 00
X OCCUR ❑CLAIMS MADE AGGREGATE $ 1,000,000
B $
DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND 406017268 06/05/2008 06/05/2009 X I WC STATTT OTH-
EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ 1,000,000
C ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1,000,000
If yes,deibe under
SPECIALScr PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000
Lla
ional Liability EOC966945600 06/05/2008 06/05/2009 $1,000,000 each claim
DMade $1,000,000 aggregate
$10,000 deductible
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
e Building safety plan check services
ity of Huntinton Beach, its agents, officers and employees are additional insured
er the attached endorsement.
`10 day notice of cancellation applies for non payment of premium.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL*k)0(jtYM MAIL
City of Huntington Beach u 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Mr Ross Cranmer K** QDC 00MX
2000 Main Street D �frX�f116X #afJlel(GKXdifXdDfiX'X�XrCXXXXXXXXX
Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE
lKelly Howei i CABRAS
ACORD 25(2001109) OACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may
require an endorsement.A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25(2001/08)
COMMERCIAL GENERAL LIABILITY
"contract or agreement requiring insurance" a. After you have entered into that contract or
means that part of any,contract or agreement un- agreement;
der which you are required to include a person or b. While that part of the contract or agreement is
organization as an additional insured on this Cov- in effect, and
erage Part, provided that the "bodily injury" and c. Before the end of the'policy period.
property damage occurs, and the personal in-
jury"is caused by an offense committed: All other terms of your policy remain the same.
Page 2 of 2 ®2006,The St.Paul Travelers Insurance Companies,Inc. CO D3 81 09 06
Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CITY OF HU NTIINGTON BEACH
Professional Service Contracts
=: y Purchasing Certification
0
Amendment # 1
1. Date Requested: 8/26/08
2. Contract Number to be Amended: 007-069 6/-)6; 00 7 O' �0
3. Department: Building and Safety
4. Requested By: Jan Richards
5. Name of Consultant: Scott Fazekas Associates Inc.
6. Amount of Original/Prior Contract: $100,000
7. Additional Compensation Requested: $none
8. Original Commencement Date: November 14, 2007
9. Original Termination Date: September 30, 2008
10.Extended Date Requested: September 30, 2009
11.Reason for Contract Amendment:
Extend contract termination date
12.Are sufficient funds available to fund this contract? Yes ® No ❑
13.Business Unit and Object Code where funds are budgeted:
10055301.69365
Department Head Signature RIC ARD AMADRIL
Central Services Manager
CONTRACTS SUBMITTAL TO 2007NOV 16 AM., 10: 55
CITY CLERK'S OFFICE
To: JOAN FLYNN, City Clerk
Name of Contractor: Scott Fazekas Assoc., Inc.
Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park
Plan Review Services
Amount of Contract: $100,000.00
Copy of contract distributed to: The original insurance certificate/waiver distributed
Initiating Dept. F-I to Risk Management E]
Finance Dept. F-1 ORIGINAL bonds sent to Treasurer F-1
ta rn&xt e ion
WnW4\, Date: �� JS/�
City Attorney's Office
1,30%00
G:AttyM i sc/Con tract Forms/City Clerk Transmittal V
t i
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
YC O T T 7'1qa eV.9�s SSOC I N G
FOR
?L,AN Re-j kcW av�ctS
Table of Contents
1 Scope of Services.....................................................................................................1
2 City Staff Assistance................................................................................................2
3 Term; Time of Performance.....................................................................................2
4 Compensation..........................................................................................................2
5 Extra Work...............................................................................................................2
6 Method of Payment..................................................................................................3
7 Disposition of Plans, Estimates and Other Documents ...........................................3
8 Hold Harmless .........................................................................................................3
9 Professional Liability Insurance.............................................................................4
10 Certificate of Insurance............................................................................................5
11 Independent Contractor............................................................................................6
12 Termination of Agreement.......................................................................................6
13 Assignment and Delegation......................................................................................6
14 Copyrights/Patents...................................................................................................7
15 City Employees and Officials..................................................................................7
16 Notices.........................................................................................7
17 Consent....................................................................................................................8
18 Modification.............................................................................................................8
19 Section Headings .....................................................................................................8
20 Interpretation of this Agreement..............................................................................8
21 Duplicate Original....................................................................................................9
22 Immigration...............................................................................................................9
23 Legal Services Subcontracting Prohibited................................................................9
24 Attorney's Fees..........................................................................................................10
25 Survival.....................................................................................................................10
26 Governing Law.........................................................................................................10
27 Entirety......................................................................................................................10
t
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF_HUNTINGTON BEACH AND
SCOT'T '"A2P-VAS A%0CkW-7E51f TNC.
FOR
THIS AGREEMENT ("Agreement") is made and entered into this day of
40Y dN P,P/L 20_f 1 , by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY, and
� 1-O"C'r a2 ws %bC.irnr=S,. LniNc- , a CAL1FOAN (A Co9,&e-67torN
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
;and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of
professional service contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A,"
which is attached hereto and incorporated into this Agreement by this reference. These
services shall sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates SCOTT V�u9a.et<p 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/profservl0/15/01-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 q 13tl)a009 , unless
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be
completed no later than q I-30 1,-\00g 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
61.4e- Hu wof&-b \HouSAND Dollars($ \00, ooO• °O ).
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/forms/profservl 0/1510 1-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/profservl0/15/01-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/profserv1 0/1 510 1-A 4
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to CITY a certificate of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverage as required by this Agreement; the certificate
shall:
A. provide the name and policy number of each carrier and policy;
B. shall state that the policy is currently in force;and
C. shall promise that such policy shall not be suspended, voided or
canceled by either parry, 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/profservl0/15101-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
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/profservl0/15101-A 6
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section 1
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to
the addresses specified below. CITY and CONSULTANT may designate different
addresses to which subsequent notices, certificates or other communications will be sent by
notifying the other party via personal delivery, a reputable overnight carrier or U. S.
certified mail-return receipt requested:
TO CITY: TOO CONSULTANT:
City of Huntington Beach co-r i '�Pft-2 e*AS
ATTN: 9 oSC., C R Path be.
2000 Main Street SCc7 r z �A'Z6�*�S � dC•� �NC.
Huntington Beach, CA 92648 q Cp�Po�z� �R6t�, STa "boa
fkx; . CO a 606^513,-A-
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.
agree/forms/profsery 10/15101-A 7
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/profsery 10/15101-A 8
t
which is hereby affected shall be curtailed and limited only to the extent necessary to bring
it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original. Each
duplicate original shall be deemed an original instrument as against any party who has
signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the
immigration and naturalization laws of the United States and shall, in particular, comply
with the provisions of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly
outside the scope of services contemplated hereunder. CONSULTANT understands that
pursuant to Huntington Beach City Charter Section 309,the City Attorney is the exclusive
legal counsel for CITY; and CITY shall not be liable for payment of any legal services
expenses incurred by CONSULTANT.
24. 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/profsery 10/1 510 1-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 parry.
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 parry or
anyone acting on that party's behalf, which are not embodied in this Agreement, and that
that party has not executed this Agreement in reliance on any representation, inducement,
promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the entire agreement
between the parties respecting the subject matter of this Agreement, and supercede all prior
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
agree/forms/profsery 10/15101-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,
GcoTr 'Pf�2 G)Ms �GSOC.• 10G• a municipal corporation of the State of California
Director of J&u1LODNG, $ SA peT)'
By: 2/ (Pursuant To HBMC§3.03.100)
print name
ITS: (circle one)Chairmazi/Pr�e�sid dent/Vice President APPROVED AS TO FORM:
AND /� � Lam~" ►l i�l ��
City Attorney
REVIEWED AND APPROVED:
print name
ITS: (circle one)Secretary/Chief! Fi ancial Officer/Asst.
Secretary—Treasurer
City Administrato
(only for contracts$50,000.00 and over)
agree/forms/profservl0/15101-A I I
_. , 1785049
F t L E 0
11 .tw. i4a of the Secretary of state
IM 4 6
ARTICLES OF INCORPORATION
- OF
SCOTT FAZEKAS & ASSOCIATES, INC.
I
The name of this corporation is SCOTT FAZEKAS & AZ_ OCIATES,
INC.
II
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 th, bankirig
business, the trust company business or the pract.. a of a
profession permitted. to be incorporated by the t lifornia
Corporations Code.
zzI
The name and address in-the State of California of tl initial
agent for service of process for the corporation- is: TA° lli-AM A.
Woodyard, 1948 Port Cardigan, Newport Beach, California ?660.
zv
This corporation is authorized to issue only one :lass of
shares of stock; .and the total number- of shares wl ch this
corporation is authorized to issue is One - Hundred thousand
(100,000) .
IN WITNESS WHEREOF., the undersigned, who is the inc -porato�c
of this -corporation, has executed these Articles of'-lncc :)oration
on June 3, 1996.
S MT FAZE , Incorpox . i:or
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 Fazekds,President ,bated
Corporate Seal:
EXHIBIT "All
A. STATEMENT OF WORK: (Narrative of work to be performed)
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:
'I. SFA shall pay all wages to its plan reviewers who are subject to this
agreement.
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. City shall quality control calculations returned by SFA.
D. WORK PROGRAM/PROJECT SCHEDULE:
1. City to provide plans for plan review on an as need basis.
jmp/contracts group/exA/10/25/07
1
EXHIBIT "B"
Payment Schedule
1. Charges for time during travel are normally not reimbursable and will only be paid if
such time is actually used in performing services for CITY or as otherwise arranged with CITY.
2. CONSULTANT shall be entitled to a full payment towards the fixed fee set forth
herein in accordance with 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.
3. 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.
4. CONSULTANT shall submit to CITY an invoice for each progress payment due.
Such invoice shall:
1) Reference this Agreement;
2) Describe the services performed;
3) Show the total amount of the payment due;
4) 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
5) For all payments include an estimate of the percentage of work completed.
jmp/contracts group/exB-1/10/31/07 I
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.
5. 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.
jmp/contracts group/exB-1/10/31/07 2
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' INSURANCE AND INDEMNIFICATION WAIVER
�o MODIFICATION REQUEST
Pi
1. Requested by: Ross Cranmer rry
paJt
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2. Date: October 17, 2006 fiY t ~'``'
arr <r
c .,'Y ffice
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 ` M 10/17/2006
1 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. leis Management
Approved ❑ Denied
Signature E5ate
2. City Attorney's Office
X�pproved ❑ Denied
Signature Date
3. City Administrator's Office
❑ Approved El 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 10/17/20061:54 PM
A RD CERTIFICATE OF LIABILITY INSURANCE OPIDFJ'
FAZpC-1 06 05 07
PEOTYRiR THIS CERTIFICATE IS ISSUED AS A MATTER O..4NFORMATIOH
G. S. Levine Insurance ONLY AND CONFERS NO RIGHTS UPON THE Ce"FICATE
Services, Inc. HOLDER.THIS CERTIFICATE DOES NOT AM {EXTEND OR
20505 Sorrmto valley PA. 4200 ALTER THE COVERAGE AFFORDED BY THE Ur4SS BELOW.
San Diego CA 92121
Phone: 850-481-8692 Fax: 556-481-7953 INSURERS AFFORDING COVERAGE NAIC p
M�IeO YAuraah 3M specialty Insurance, CO.
MuraeR:
Scott Fasekas i Associates "DYNE"a
17777 Del Paso Drive .fiN�aa
Poway CA 92064
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COVERAGES
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Liabill Ded $10 000
fsiwrta+OP OPlMTmNtf Lafamaft rwRaorumocwAeo®erasmwsxnomu.LeoYeom
Re: building Safety Plan Check Services
Proof of Insurance
s10 doy notice of cancellation applies For nqa-paymant of premium. xx
CERTIFICATE HOLDER CANCELLATION
CITYHDlt wounMy'OFme Aeon 04SORamPOLCMI ewax"M swam meUVA1+wr
ORry mmllP.M fatuw R{MIRWYIhL�INe 300 Gn�aaTm
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Atnu: Xr. Rome Cranner
2000 Bain Stroot
Huntington beach CA 92648
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ACORD 25(20MMO) ®AGORD°CORPORATION lees
CITY���~��� ���� ��� ���.������������ BEACH
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Professional~ U Service
Contracts
u ��o����0����n �����8���
Purchasing~ Certification
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o �����om�������8� ����n ��m�����uNon
1' Date: 10/30/2007 6/
2 Department: Building ^^
.
3' Requested by: Jan Richards
4' Name ofconsultant: Scott Fazekoo Associates, Inc.
S. Attach the written ababannent of the apeoiMoaUon, oondibona, and other requirements for the requested
services provided to solicited consultants.
See Statement ofWork
6' Amount of the contract: ;100.000
7. Are sufficient funds available hofund this contract?' ED Yes Fl No
8. Is this contract generally described on the list of professional service contracts approved by the City
Council?' Yen 0No
9' Business Unit and Object Code where funds are budgeted: 10855301.68385
10. |a this contract less than $5O.ODO? E]Yeo ENo
11' Does this contract fall within $5O.00O and $1OO.00O? Yes FlNo
12. |o this contract over$1OO.00U? E]Yem [DNo
(Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make
sure the appropriate signature page ia attached bocuntnaot.)
13. Were formal written proposals requested from at least three available qualified consultants?
0Yeo M No
14. Attach list of consultants from whom proposals were requested (including a contact telephone number).
Attached
15. Attach proposed scope ofwork.
Attached
16. Attach proposed payment schedule.
Attached
loll
Department Head Signature R ADR|L
°~ � ° , �
��enb��/ Services Manager "
LIST OF CONSULTANTS
PLAN REVIEW 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