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HomeMy WebLinkAboutScott Fazekas & Associates, Inc. - 2007-12-17 Council/Agency Meeting Held: oL06 Deferred/Continued to: Approved ® Conditionally Approved D Denied City rk' ignatur Council Meeting Date: 12/17/2007 Department ID Number: BD2007-7 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CI OUNCIL SUBMITTED BY: PE �d-U!B�R`ETH-GCF—TA, CITY ADMINISTRATOR PREPARED BY: ROSS CRANMER, DIRECTOR OF BUILDING & SAFETY --F� SUBJECT: PROFESSIONAL SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND SCOTT FAZEKAS, ASSOCIATES, INC. jEem:e:nt:of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The Building and Safety Department needs to retain professional services to ensure adequate inspection services to our customers. Funding Source: Funding has been appropriated during the budget process to the professional service account 10055201.69365. Additional funds are available in Building & Safety Department business unit 10055201.51000 as a result of salary savings. Recommended Action: Motion to; 1. "Approve the Professional Service Agreement between the City of Huntington Beach and Scott Fazekas &Associates, Inc. and Authorize the Mayor and City Clerk to execute the Agreement." 2. "Authorize the budget appropriation of $96,000 to be transferred from permanent salaries account 10055201.51000 to Professional Services account 10055201.69365 to cover the increased costs for the inspection services." 3. "Authorize the Director of Building & Safety to expend $296,000 for Professional Services for inspection services." � # 4 REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 12/17/2007 DEPARTMENT ID NUMBER: BD2007-7 Alternative Action(s): 1. "Deny the request and direct staff accordingly." Analysis: The Building & Safety Department has 3 current vacant inspector positions. Attempts to fill the positions through an extensive recruitment process have proven unsuccessful. The MEA contract was approved on November 19th and we are now better positioned to attract qualified applicants; however, that process may take up to six months. In order to maintain our service levels we need to temporarily expand our contract inspection services. Scott Fazekas & Associates, Inc. currently provides contract inspectors to the City. The fiscal year 2007/08 department budget authorized $200,000 for contract inspectors which covers the cost of 2 inspectors. We are requesting $96,000 be transferred from salary savings from the vacant full time inspector positions to be utilized to augment the approved professional service budget. Staff recommends the City Council approve the agreement with Scott Fazekas &Associates, Inc. for a not-to-exceed total contract amount of$296,000 and authorize the Mayor and City Clerk to execute the documents. Scott Fazekas &Associates, Inc. is well respected in the industry and continues to provide exceptional services for the City of Huntington Beach. Also, Scott Fazekas &Associates, Inc. works exclusively for government agencies avoiding any conflict of interest with private developers. Strategic Plan Goal: Provide quality public services with the highest professional standards to meet community expectations and needs, assuring that the city is sufficiently staffed and equipped overall. Environmental Status: Not Applicable Attachment(s►: log e - 1. Professional Service Agreement between the City of Huntington Beach and Scott Fazekas Associates, Inc. -2- 11/20/2007 11:22 AM ATTACHMENT NO . 1 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SCOTT FAZEKAS &ASSOCIATES, INC. FOR BUILDING COUNTER AND INSPECTION SERVICES 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 Signatories............................................................................................................10 28 Entirety .................................................................................................................10 29 Effective Date.................................................................................I I PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SCOTT FAZEKAS & ASSOCIATES, INC. FOR BUILDING COUNTER AND INSPECTION SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and Scott Fazekas & Associates, Inc., a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide building counter and inspection services; 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 Fazekas, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 1 07-1315/15774 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on Zr, - f:7-, 2007 (the "Commencement Date"). This Agreement shall automatically terminate on September 30, 2008, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than September 30, 2008. 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. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 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 Two Hundred Ninety-six Thousand Dollars ($296,000.00). 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 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." 2 07-1 3 1 5/1 5 774 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 (or alleged 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 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. 3 07-1315/15774 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. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT 4 07-1315/15774 waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 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. 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 CONS ULTANT'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 all 5 07-1 3 1 5/1 5 774 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. 6 07-1 3 1 5/1 5774 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 Scott Fazekas ATTN: Director of Building& Safety Scott Fazekas & Associates, Inc. 2000 Main Street 9 Corporate Park, Suite 200 Huntington Beach, CA 92648 Irvine, CA 92606-5132 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. 7 07-1 3 1 5/1 5774 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 8 07-1315/15774 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. 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, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 9 07-1 31 5/1 5774 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. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. CONSULTANT's initials rd 28. 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 10 07-1315/15774 Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof 29. EFFECTIVE DATE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Council of CITY. This Agreement shall expire when terminated as provided herein. CONSULTANT: CITY OF HUNTINGTON BEACH, SCOTT FAZEKAS &ASSOCIATES, INC., a municipal corporation of the State of a California corporation California Scott Fazekas iy#1.1o}Mayor President and Chief Financial Officer e City Cl APPROVED AS TO FORM: v�qlj di City Attorney . INITIATED AND APPROVED: IN7 �_..___ Q �---- Director of Building & Safety REVIEWED AND APPROVED: f City Administrator ll 07-1 3 1 5/1 5774 EXHIBIT "A" 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. D. WORK PROGRAM/PROJECT SCHEDULE: 1. As directed by the Director of Building& Safety. EXHIBIT A EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for providing 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. 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. 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. 1 Exhibit B 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. 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. 2 Exhibit B Acom CERTIFICATE OF t:IABF16�t INSURANCE OP IDPQ.. a.,a«asw..n FA�ZPJC-1 06 05 07 THIS CERTIFICATE IS ISSUED AS A MATTER O.IMPORMATION 1G. S. Levine Insurance ONLY AND COMFERS NO MUTS UPON THE CE"F.tl;AT1E services, Inc. HOLDER.THIS CERTIFICATE DOES NOT AIMENpo EXTEID OR 10505 Sorrento valley PA. 4200 ALTER 7HE COVERAGE AFFORDED BY THE iD I:S BELOW. Ban Diego CA 92121 pbone: 850-681-8692 Tax: 858-481-7953 INSURERS AFFORDING COVERAGE NAIC S ° - vauRnw XL Bpecimlty Insurance Co. q.wwas Scott ramehes 6 Associates "0jfE0.' 17777 Del Paso Drive •moo Poway CA 92064 - - Taa.iwE COVERA©ES rw.raua00f aYMW1CCIIDlepannw wa[aearmtas mrwEa�atr�tM.EOAwftaN rMETONLY/aagG Tatc•rsio.hotwamwo-m - - s�rTayura.wra:.Urau oa.mrbr+0.•.ri as.ra•or as oneameuwTwr aatN isdacr.oww,o.naicamaiurewrceatwm Oa IM T®..G.n.rTasaWwaelwrra�ma0at�lEPol%Ea.YfSIARwMbiMq wsr4T\O Mi o.E aL6i\OtwaPwa+000ewt.oHiNaKx .alpa6aaaaaaarc tYTi oora..•r isoK9�an aE0uU06Y r•w 4NK r'alOrdiEOna iatllr Qxra.erew ' - �Ta mtaramtwcn satwrmmia - eax �� stKa...•mns rna.ow�wv� � aar•ma avw Oe®i•ttwam - amasaa aariw - i eERinw�t•ovaiaw t asaaw/G�EMTE - i. emri•GaaaaNreumr.retaaTmr- armaroTa-a.�awtwac 1 mo- a+m+er xcr toe aiaatottauemwn w00.00a11"uar - uar•uro araaaa.t i �taa.®w.a S OrFJtV �EDA A ome � 64., P Asl i aMaaaWaem II FutOOKY-Q.YioGNr � i rw•w aexeeTwu aa:.oc a aummar: auc. i �GpgWtlaW u.T?aar 4tcMaouaaoa� t accya ❑gaaaY.tE /Gm�a•re 8 i OlWdiN! a naaa�an t t aCaAIrLL :ant- wuomtucearmsoww•.c - nr eawrtxa�irwa.r - war _ apt EL sasac-awi.wnriE f a,aa k.aM uar ariovtrmvuta+atm. €imsuts-taNCru.w a eaon - A proressioual DPKSW624 06/05/07 06/05/08 C1mim/agy $1,000.000 7,iabil3 Ded $10 060 Oae�Rmiwa�eM7W.PraarwlgatlraMe�a�r/aaaYoub•ao®ar(aenawafff.Mr1616w.1@av@Mm Re: 8MiRding Safety Plan CAach Services Proof of Insurance 010 day notice of cancellation applias for W49p-paytwnt of prmatiam. 7� CEATlFICAIM HOLDER CANCELLATM CXTXNM mwaoawosoe amreoaa raa:taoeasa aermtr�aeaattapr pATl TktP�,ltH aa.watm+e+aaaw 90* paTaaTT3nm City of Santingtoa Beach ®WWam attGearaiaT(NOLadTuatY so"a _ Ate n: Mr. Roes Crag = ' 2000 Blain Street �-' 1luatington Bbacit CA 9264$ *' i ACORD 25(�01/08� �AG9RD:CORPORATiON 1@rti a i INSURANCE AND INDEMNIFICATION WAIVE In FY jr 1. Requested by: Ross Cranmer �-itY Of Huntitii9-1 L �, 2. Date: October 17, 2006 City Attorneys Office 3. Name of contractor/permittee: Scott Fazekas Associates, Inc. 4. Description of work to be performed: Provide contract inspectors 5. Value and length of contract: Three years; Not to exceed $708,000 6. Waiver/modification request: Allow$10,000 deductible 7. Reason for request and why it should be granted: Contract inspectors are needed to augment city inspection staff due to the dramatic peaks in construction activity. 8. identify the risks to the City in approving this waiver/modification: The risk would be the possible exposure of the costs associated with a City employee. S� ( 10/17/2006 epartment Head Signature Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted_ Approval from the City Administrator's Office is only required if Risk Management and t1le City Attorney's Office disagree. 1. Fkanagement M Approved ❑ Denied Signature ate 2. City Attorney's Off ce x CF!Approved ❑ Denie fU2� E /- 'tp S gnatur Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved,the completed waiverlmodification 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 Documents 10117120061:52 PM 1785049 SECRETARY OF STATE _ CORPORATION DIUSION L BILL J01%a Secretary®f Sete of the State of C'. ifo a, hereby c - 'That -the annexed transcript has been compaj d- th- the-- corporate record -on Me in this ®ice, .nf c 11eli it - pwpo is t® be a copy, and that--same is- full3 t-= -to d- correct. - IN W ESS t' F =xecute - this certificate and-affix -ae Great Seal of the State of Calif -nia,teas J - - n - J Secretary of Sta SmrsmeaFmmCE-to7(re,e� - - - _ 178 049 t F7ItEO o2 the secretatyo(state - the °"^ ralfi xq:a 1 ARTICLES OF INCORPORATION _ OF SCOTT FAZEKAS & ASSOCIATES, INC. S The name of this corporation is SCOTT FAZEKAS & A: 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 Laic of California other than th. banking business, the trust company business or the pract_ e- of a profession permitted to be incorporated by the c ligornia Corporations Code. III The name and address in-the State of California of t} initial agent for service of process for the corporation- is: ;%° L11" A. Woodyard, 1948 port Cardigan, Rewport Beach, California 1660. IV This corporation is authorized to issue only one :lass of shares of stock; and the total number- of shares wl ch .thas - corporation is authorized to issue is one - Hundred Chousand IN WITH WHEREOF-, the undersigned, -iaho is the Inc :porato.E of this -eorpobatioh, has executed these Articles o£_-Incc ;)oration on June 3, 1996. A'ZI Sdbw FAZ , incorpor -+-or 2 RESOLUTION A board meeting was held on December 8, 1997 to confirm that SCOTT.R FAZEKAS, President, has signature authority to bind the Corporation of SCOTT FAZEKAS& ASSOCIATES,INC_ The status remains the same to date. Scott R Faz ` ,President ,,bated Corporate Seal: CITY OF HUNTINGTON BEACH �� - Professional Service Contracts Purchasing Certification 0 1. Date: 11/19/2007 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. See attached scope of work 6. Amount of the contract: $296,000 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?' \P"Yes �rNo 9. Business Unit and Object Co a 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 Department Head Signature //R-ICHARD AMA N RIL Central Services Manager 1. If the answer to this question is"No," the contract will require approval from the City Council. CITY OF HUNTINGTON BEACH PROFESSIONAL SERVICES LISTING I C1110 Division or Fund Description Amount Inspection Services Professional Contract Building Inspectors $200,000 Plan Review Services Engineering Plan Review Services $125,000 Total Professional Services $325,000 Agreements Submitted for Approval: Scott Fazekas- Plan Review $100,000 CSG Consultants, Inc-Plan Review $25,000 11/19/2007 Scott Fazekas-Building Counter& Inspection Services $296,000 Total $Amount of Agreements Submitted $421,000 Remaining Balance ($96,000 i Proposals for Inspection Services Rates as of 10118/2006 Inspection Services SFA, Inc. $40.77 to$50.12 per hour 19 Corporate, Ste 200 Irvine, CA 92606-0000 9491475-2901 EsGil Corp None Available 9320 Chesepeke Drive, Ste. 208 San Diego, CA 92123 858/560-1468 CSG Enterprises, Inc. None Available 151 Kalmas Drive, Ste. C-200 Costa Mesa, CA 92626 714/444-9592 t CITY OF HUNTINGTON BEACH Inter Office Communication Building and Safety Depa ent 'ol�ab TO: Rick Amadril, Central Services Manager r-AAfjp ef--- FROM: Gerald Caraig,Acting Director of Building &r6fety DATE: October 18, 2006 SUBJECT: SELECTION OF VENDOR Per a meeting with Jennifer McGrath, Ross Cranmer, and yourself, it was agreed that professional services contracts for plan review and inspection services be prepared for$100,000. It was further agreed that the Building & Safety Department would prepare a RCA for an amendment to the contracts for the full budgeted amount in the next couple of months. Subsequent to that meeting,Request for Proposals for Plan Review and Inspection Services were mailed to firms in the building industry. The breakdown of their quotations is as follows: PLAN REVIEW Scott Fazekas Associates,Inc. 70%of the building permit fee calculated 9 Corporate Park,Ste.200 per Table 3A of the 1991 Administrative Irvine,CA 92606 Code 949/475-2901 CSG Consultants,Inc. 70%of the building permit fee collected 151 Kalmus Drive, Ste. C-200 as adopted by City Ordinance Costa Mesa,CA 92626 714/444-9595 EsGil Corporation 45%of the building permit fee calculated 9320 Chesepeake Dr.,Ste.208 per the table identified in proposal as San Diego,CA 92123 Enclosure 4 858/560-1468 INSPECTION SERVICES Scott Fazekas Associates,Inc. $40.77 to$50.12 per hour CSG Consultants,Inc. $60 per hour EsGil Corporation No Response The three firms are competitive in cost,experience and staffing;however to maintain continuity, I would recommend Scott Fazekas Associates,Inc.be awarded the contracts. /-AL��® CERTIFICATE OF LIABILITY 1 1NSU1(3iitlW'l/E OP10P4 owre!«uoomm FAZFK-1 06/05/07 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. i 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# 20621 falA;91 is 19046 --r- Scott Fazekas 6 Associates OH1R1HiC 17777 Del Paso Drive Poway CA 92064 apse COVERAGES rfENlJ[.-!ES oFasuw2EuslmfaavHwvEeffiIlsslm r0 R£a�wv.®A9oVEPon REPIXIGY PHYOa vaK/t#W.Nwa�viwT.uauG N(YPCOtfia3wf3(f.IFfUAOg00lIDalONOFwrvYaONRV[:TOROPf3laoaAelr YIiNPBPH"T i0NM4i!lib(Sii1flUYE WYaE651.EDOfi WYP61iw1/11lEM6lfWlEAfiOW®BYllE POtKiSOES4tlB07f618N6S1b}.LT iOIV.LnE lefK,CKI- OF —.OI.I OFSIX]I iVllaB.wa�teviars 1YiTN(WYlNYEBF81fl�6YPNodMAS f15a ai POUCYEFfGCWE POUCYeUNMrUN L. a I POUCYNUYe[p 'mfEP mmim aAw(Wow Yi UMT9 cE!®a�uAalnY 6 00Pff%RCE i 1,000,000 aKii^GE iONQAHI B E A oaaa3+crLLaaauuuweulr 6802252L18A 06J05/07 06/05/08 e, ey i 309,000 aiiaawoE a«if! imof•tNva.P�w s 10,000 PeAsoew.aAwaulfn f 1,000,000 mew >E s 2,000,000 ' osa. ae�reurrwPruaPex weowcts-oowroPwoa f 2,000,000 E1ap Bea. 1,000,000 wioweaeuAeam '0°1BRe°5°"'£UWT i 1,000,000 8 1 ffnalto 6802252L18A 06/05/07 06/05/08 i eootiYwu+Y I samus�wia p�f�a f i ;Z 1 efNEDm�ros Z waww®wuros �°f�O"a f 1 Pnwaclrow� - f ! ��AfElfl6YllY � IYf10ON.Y-FAw041DBQ f � 1 MiYNJfO � ��� fiYAOG f AVfOOfIY. �liG i f3CE15ltWg1191AUA9UtY i Fl1QlOOCiN79fE f pityi IE7BnpN i i UtlNl8t4C0�¢AAalIAMa S ucsrwiu. on* A 406017269 06/05/07 06/05/08 s 10000" �" EL019FA9E-Fwef+aar s 1000000 seem. CL0Me.SE-WlcYlafi s 1000000 1 � F 1 oFaPeKiiJai/fOeAaa11s1'�BaCislf. alts AaoEDaYsf1o0A5Ei41iY1sfe;MIAPD�atl Re: Banding Safety Plan Check Services City of Huntington Beach, its agents, officers and eWloyees are named as Additional Ensured per the attached endorsement. *10 day notice of cancellation applies for non payment of premium. xx +CERTIFICATE H9U)R CANCELLATM CYIRSUN �"nAaraEaarrsoYEaex�oEoiuegaEoucefmaeroaepEf�nAm« - eA>fui«aleoFua[aasuwaaaaaal 30• wYa faaiie! City of Huntington Beach mwE�mwu�faxae�nfe�malE Attu: Mr. Ross Craamer 2OW !Cain Street Huntington Beach CA 92648 D 25(M"% ACORD CORPORA7M 190 POLICY NUMBER: 6802252I.18A 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 PROJECTJIACATION 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 ads 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 1JMITS OF INSURANCE(Section 111)for this Coverage Part. CG DM kdAvlescoppwuled A of komwe Seems Office,in o,aifs pedrsiom Pad bf 2 Copt klswam sere aces OEM,hr.,it 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, h. While that part of the contract or agreement is in effect;and c. Before the end of the policy period. AN otter termof your policy reein th sam CG DW h a„des copyaVd wed A of 11mra ce Swims otkce,in c,Wft pedmim Pas%t 2 CgT%hmmmmSav Jowt#k %kr,a RCA ROUTING SHEET INITIATING DEPARTMENT: Building & Safety SUBJECT: Professional Service Contract for Inspection Services COUNCIL MEETING DATE: December 17, 2007 RCA ATTACHMENTS STATl1S' 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 Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attomey) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Not A plicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached Li Not Applicable Staff Report (if applicable) Notached t Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLAGvIATIOH FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR A �DED Administrative Staff ) Deputy City Administrator Initial City Administrator Initial ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: RCA Author: City ®f Huntington Beach VIV 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK .ROAN L. FLYNN ® CITY CLERK December 26, 2007 Scott Fazekas &Associates, Inc. 9 Corporate Park Suite 200 Irvine, CA 92606-5132 Attn: Scott Fazekas Dear Mr. Fazekas: Enclosed for your records is a copy of the Professional Services Contract Between the City of Huntington Beach and Scott Fazekas &Associates, Inc. for Building Counter and Inspection Services. Sincerely, oan L. Flynn City Clerk JF:pe Enclosure: Agreement G:followup:agrmtltr Sister Cities: Anjo, Japan m Waitakere, New Zealand (Telephone:714-536-5227►