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Scott Fazekas & Associates, Inc. - 2006-06-05
Su ity Contracts Submittal to City Clerk's Office RECEIVED Hunt Beach, 1 05 0CT ..S PM 5: 27 CITY CLERK To: City Clerk HUNTINCGTON BEACH 1. Name of Contractor: Scott Fazekas & Associates 2. Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake-Huntington Central Park Plan Review Services 3. Amount of Contract: $75,000.00 Copy of contract distributed to: The ORIGINAL insurance certificate/waiver sent to Risk Management Initiating Dept._ City Treasurer_ ORIGINAL bonds sent to Treasurer CITY CLERK'S OFFICE USE ONLY: Name/Ex nsion City Attomey's Office Date: 10/4/05 g:/Attymisc/forms/city clerk contract transmittal.doc r 2006 MAY 25 PH 12: 48 Council/Agency Meeting Held: A "1 1`1J7 T Deferred/Continued to: VAPproved L3 Conditionally Approved L3 Denied C)ID City k's natur Council Meeting Date: 6/5/2006 Department I Number: BD2006-7 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY GQLINCIL &4 SUBMITTED BY: PENEL CUL R CITY ADMINISTRATOR 10�E PREPARED BY: ROSS CRANMER, DIRECTOR OF BUILDING & SAFETY SUBJECT: AMENDMENT TO AGREEMENT WITH SCOTT FAZEKAS & ASSOCIATES, INC. FOR PLAN REVIEW SERVICES Statement of Issue,Funding source,Recommended Action,Alternative Acuon,sl,Analysis,Environmental Status,Attachmenus, Statement of Issue: Due to a recent retirement of a Plan Check Engineer and continued high development activity, the department needs to expand our use of outside plan review services to ensure adequate turn around times for our customers. Funding for this service would be from salary savings. Funding Source: Funds are available in Building & Safety Department business unit 10055301.69365 Recommended Action: Motion to: 1. "Approve the Amendment to the Agreement and Authorize the Mayor and City Clerk to execute the Agreement Amendment between the City of Huntington Beach and Scott Fazekas &Associates, Inc." 2. "Authorize the Director of Building & Safety to expend an additional $75,000 for Professional Services for plan review services." Z E — 13 tQUEST FOR COUNCIL ACTION MEETING DATE: 6/05/2006 DEPARTMENT ID NUMBER: BD2006-7 Alternative Action(s): 1. "Deny the request and direct staff accordingly." Analysis: The primary function of the Plan Check Division is to perform engineering plan review of proposed buildings in the city. The purpose of the review is to produce approved construction documents that protect the public when they are in or near buildings while they work, recreate and live in our community. The applicants who submit projects to the city pay fees for these services and expect reasonable service levels. As a result of the high construction activity, we have utilized a professional service contract to satisfy the increase in building activity and maintain acceptable turn around time. Due to the resignation of a Plan Check Engineer and further high construction activity, the ability of the Building and Safety Department to provide timely counter and plan review services is significantly hampered. Scott Fazekas & Associates, Inc. currently provides engineering plan review services to the city. An agreement not to exceed $75,000 was executed on October 1, 2005 for this service and these funds will soon be exhausted. The recommended action proposes adding $75,000 to this contract in order to expand the services for the remainder of this fiscal year. Savings from vacant full time positions will be utilized for this amendment; therefore, there is no additional cost to the city. Staff recommends the City Council approve the amendment to the agreement with Scott Fazekas & Associates, Inc. for a not-to-exceed total contract amount of$150,000 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. Environmental Status: Not applicable Attachment(s): City Clerk's Page Number No. Description 1. Amendment to Agreement with Scott Fazekas &Associates, Inc. Z. Insurance Waiver and Certificate of Insurance 3. Professional Services Agreement with Scott Fazekas &Associates Inc. dated October 1, 2005 G:\Building Admin\RCNs,Contracts&Insurance Regmts\2006\BD2006-7 Amendment to SFA for Plan Review.doc -2- 512312006 9:34 AM ATTACHMENT # 1 i i AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND SCOTT FAZEKAS & ASSOCIATES 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, INC., a California corporation, hereinafter referred to as CONSULTANT. WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated October 1, 2005, 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 NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. ADDITIONAL COMPENSATION Section 4 of the Original Agreement, entitled"Compensation,"is hereby amended to read as follows: 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," (the Fee Schedule), a fee, including all costs and expenses, not to exceed One Hundred Fifty Thousand Dollars ($150,000.00). 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. REST OF PAGE NOT USED 06-260/2073 1 • • IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officer on �u/i/�' b.S , 200& SCOTT FAZEKAS &ASSOCIATES, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of �, f, California By: � print name ITS: (circle one) ChairmarQreside ice Mayor President AND /� � City Clerk W-)1o6& By U APPROVED AS TO FORM: print name ITS: (circle one) Secretary,§J�Financi - 'S 12; 046 icel sst. Secretary - Treasurer - City Attorney ``gLt 71 I IATED AND APPROVED: REVIEWED AND APPROVED: 4LRots, CMAVW r Director of Building and Safety C y Administrator 06-260/2073 2 ATTACHMENT #2 Su ity INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST 1. Requested by: Jan Richards 2. Date: May 22, 2006 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: not to exceed $150,000 to expire 9/30/2006 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 guided by the City. 8. Identify the risks to the City in approving this waiver/modification: No more than hiring a City employee. 4S,S Cr6t f?Me Y- 6 �ZZ�ZD17h 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 frogi the City Administrator's Office is only required if Risk Managemen d We City Attorney' Office disagree. 1. k Management pproved ❑ Denie Signature Date 2. City Attorney's Office proved ❑ Denie 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 Document2 5/22/2006 2:30 PM 05/22/2006 02:20:16 PM Sara Coutee Page 2 ACDRD 059 22 06 CERTIFICAT OF LIABILITY INSURANCE OP sA DATE(5/22 FAZEK-1 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION G. S. Levine Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Services, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND EXTEND OR 10505 Sorrento valley Rd. •200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Diego CA 92121 Phone: 858-481-8692 Fax: 858-481-7953 INSURERS AFFORDING COVERAGE NAIL# INSURED INSURER AC St. Baal Fir® And Harine Ins. INSURERR Fidelity and Guaranty Ina. Co. Scott Fazekas & Associates INSURER C: 17777 Del Paso Drive INSURER D: Poway CA 92064 INSURER E: COVERAGES THE POLICES 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 POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AM CONDITIONS OF SUCH POLICES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY NUMBER POLICY FEC POLICY EXPIRATIWJ LIMITS LTR 1 oRD TYPE OF INSURANCE DATE MMO"V DATE MMtDDA( GENERAL LIABILITY EACH OCCURRENCE $1,000,OOO B }{ X COMMERCIAL GENERAL LNBILITY BK01777291 06/05/06 06/05/07 PREMases(Ea occorence) s300,000 CLAIMS MADE Fx7 OCCUR MED EXP(Any one person) $10,000 PERSONAL&AOV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLES PER: PRODUCTS-COMP/OP AGG $2 OOO,OOO Pout: JEo- LOC E Ben. 1,000, 000 AUTOMOBILE LIABILITY COMIaIraDswGLE uwr $1,000,000 B ANY AUTO BKO1777291 06/05/06 06/05/07 (Ea accllent) ALL OWNED AUTOS BODILY INJURY {Per person} $ SCHEDULED AUTOS X HIiEDAUTOS BODILY 7NJLA2Y $ X NON-OWNED AUTOS (Per a:ctdent) PROPERTY DAMAGE $ (Per scclderd) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO OTHER THAN EAACC $ AUTO OHLY: AGO $ EXCESSAIMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ❑CLAIMS MADE AGGREGATE $ E DEOUCTEILE $ RETENTION $ $ TA WORKERS COMPENSATION AND X iORY O UMITS ER �i A EMPLOYERS,LIABS.ITY EW02149598 06/05/06 06/05/07 EL EACH ACCIDENT $1000000 ANY PROPRETOR/PARTNERIEXECUTIVE OFFICER/MEMEER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $1000000 It yes,de5C6be Under SPECIAL PROVISIONS below E_L.DISEASE-POLICY LIMIT S 1000000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES i EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS O Re: Building Safety Plan Check Services f�� City of Huntington Beach, its agents, officers and employees are named as �'v' y Additional Insured per the attached endorsement. �0(('Lie Pt �O *10 day notice of cancellation applies for non-payment of premium. xx t�.t1i, CERTIFICATE HOLDER CANCELLATION C ITYHUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WLLlUMNIIIIIIIRIR MULL 30* DAYS WRITTEN City of Huntington Beach NOTICE TO THE CERTIF"TE HOLDER NAMED TO THE LEFT. MOVIE Attn: Mr. Ross Cranmer 2000 Main Street Huntington Beach CA 92648 e D RemeseTrAn ACORD 25(2001108) r ®ACDRD CORPORATION 1888 05/22/2006 02 :20:39 PM Sara Coutee Page 3 Policy Number: BKO1777291 Owners, Lessees Or Contractors(Form B) ADDITIONAL INSURED THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: LIABILITY COVERAGE PART, SCHEDULE Name of Person or Organization: City of Huntington Beach, its agents, officers and employees SECTION H-WHO IS AN INSURED is amended to include Schedule, but only with respect to liability arising as an insured the person or organization shown in out of"your work"for that Insured by or for you. �pROVED AS TO FORM: Cif,�,ttozne3 �� E 4 Z,q CL/BF 22 40 03 95 Includes copyrighted material of insurance Services Offices,Inc_,with its permission. Copyright,Insurance Services Office,Inc.,1994 05/22/2006 02:20:55 PM Sara Coutee Page 4 Ah ACORD_ CERTIFICATE OF LIABILITY INSURANCE oP� SA DATE( MMfDDt FAZEIC-1 5 5/22 22 06 PRODUCER THIS CERTIFICATE IS ISSUED S A MATTER OF INFORMATION G. S. Levine Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Services, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND EXTEND OR 10505 Sorrento Valley Rd. #200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Diego CA 92121 Phone: 858-481-8692 Fax: 858-481-7953 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER Greenwich Insurance 22322 INSURER B: Scott Fazekas & Associates INSURER C- 17777 Del Paso Drive INSURER D- Poway CA 92064 INSURER E= 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. LTR NSRD TYPE OF INSURANCE POLICY NUMBER DATE I MMADWYV) POLICY NAIDDIYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL L ASILITIr PREMISES(Ea o. en., S CLAIMS MADE ❑OCCUR WED EXP(Any one person) $ PERSONAL EADV INJURY $ GENERAL AGGREGATE $ GENL AGGREGATE LIMI T APPLE P/S PER: PRODUCTS AGG $ POUC'Y PRO- JECT IOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANYAUTO (Ea acodenf) ALL OWNED AUTOS BDOLVIwuRr $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NDN-OWNED AUTOS (Per acclderd) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-FA ACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY AGO $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE S OCCUR ❑CLAIMS MADE AGGREGATE $ ^—r $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC STAT OTH- EMPLAYEWLIABILITY TORY UMTSU' ANY PROPRETORIPARTNER)EXECUTIVE Ek EACHACCIDENT $ OFFICER/MEMBER EXCLUDED? EL.DISEASE-EA EMPLOYEE $ I yes.describe under SPECIAL PROVISIONS helm E.L.DISEASE-POLICY LIMIT $ AQ IPHER rofessional DPR9411612 06/05/06 06/05/07 Claim/Agg $1,000,000 Liability Ded $10,000 DESCRIPTION OF OPERATIONS f LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Building Safety Plan Check Services Proof of Insurance *10 day notice of cancellation applies for non-payment of premium. XX CERTIFICATE HOLDER CANCELLATION C ITYHUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE OBIANG INSURER 111IL MAIL 30* DAYS wRiTTEN City of Huntington Beach NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, NOBEL Atnn: Mr. Ross Cranmer 2000 Main Street Huntington Beach CA 926481e1ii A REPRESIr4iTA ACORD 25(2001108) ®ACORD CORPORATION 1988 ROVED AS TO FORM: IFER&R+AH,\City Attorney ATTACHMENT #3, PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HVNTINGTON BEACH AND 5CUIT 'A2 EK 0. A AssoCtAT9S,, �.. FOR Pcf}N �R6V�EW S -Aoces Table of Contents 1 Scope of Services.....................................................................................................I 2 City Staff Assistance................................. 2 3 Tenn;Time of Performance.................................................. ............................... 2 4 Compensation..........................................................................................................2 5 Extra Work...............................................................................................................2 i6 Method of Payment..................................................................................................3 7 Disposition of Plans,Estimates and Other Documents...........................................3 8 Hold Harmless.........................................................................................................3 I 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 ................................ i PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ` Coyr 1 A2.64cA5 g Pt5S0�uPtT�"S , 5- NC-FOR �LPr� �E11►EUJ sE�JICGS THIS AGREEMENT("Agreement") is made and entered into this kST day of nc-T orgy 20 oar- ,by and between the City of Huntington Beach,a municipal corporation of the State of California, hereinafter referred to as "CITY, and �;CO'fI VA22AA5 hssoc%ATES.�Nc , a CALVFbR%AA C Of,90K*71Q0 hereinafter referred to as"CONSULTANT." I WHEREAS, CITY desires to engage the services of a consultant to PIFAForcM 4Qevg��orvt)L_ ?tAo 1Rlr'3►&3 Sect\)lcL ;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 SGor-t FAaEKAs who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. aF11=J%MUtPMrMia1srol-A 1 i 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT iin the performance of this Agreement. 3. TERM:TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT i are to commence as soon as practicable after the execution of this Agreement by CITY(the "Commencement Date"). This Agreement shall expire on Q 3o 1 aoo 6 ,unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be 1 completed no later than q 1 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, ia fee, including all costs and expenses, not to exceed 1 ;ynt�Ty - Fk0e T HOu$4-,jfl Dollars($ 7��000 . °a ). 5. EXTRA WORK I 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 8V'*-fonas/profmvl0/I.WI-A 2 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT I 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 agrWfornWpwfsuv10/15MI-A 3 S I 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). I 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 agrWfomWprobov 10/15/01-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 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 99WJf0MWprofsery I Otl 310 1-A 5 Ah 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 I 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. avWfomWPwremiaisroti-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 i 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 Fq 2t WFtS ATTN: floss CRAW ntg. �Z Fpt2e " Nsscx"A-T pc. 2000 Main Street Huntington Beach,CA 92648 CottPokfas `BARK. S-re .P00 T1RQ%tzN ) Ca 912 206-Q 3 RL 17. CONSENT When CITY's consentlapproval is required under this Agreement, its consentlapproval 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. apWfmma/prof"V10/15/01-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 e8maf«mis/pormvja15ro1-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 party who has signed it. 22. IN MIGRATION 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 i pursuant to Huntington Beach City Charter Section 309,the City Attorney is the exclusive i legal counsel for CITY; and CITY shall not be Gable for payment of any legal services i expenses incurred by CONSULTANT. i 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, aVftr«m&/rmf=V10/15101-n 9 AMOL each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attomey'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 supercede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. A9M"omis/pwfwvl0/15ro1-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, �Go-rT �7A-.e y,%s Assoc.• 1cac- a municipal corporation of the State of California Director of iSu►t.z\ Sfl F ETl (Pursuant To HBMC§3.03.100) SCoTT Q• IPA 2 E)�Pr S print name ITS: (circle one)Chainnaqeiden ice President D AS TO FORM: c AND City Atto y SCOTT K"-s REVIEWED AND APPROVED: print name ITS:(circle one)Secretary/ hi. Financial Officer sst. � =� ^,,,44-i 7`�'Secretary—Treasurer �ll City Administratbr (only for contracts$50,000.00 and over) agredfoans/profservIGM/Ol-A 11 Imp 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: I. SFA shall pay all wages to its plan check engineer who are subject to this agreement. I jmp/conftcts Vv*exM9/13/05 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 month monthl in one-tenth-hour(0.10) increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 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. a&wJfomWexa-Iwrlyfem/leas 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 I 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. I 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 2V-Jf0mis/exB-hourly foe/W13ro5 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. I 8VW1f0rMS/exB-hM1y fee/9113105 EXHIBIT B 3 Hourly Payment AMIL RESOLUTION A board meeting was held on December 8, 1997 to confirm that SCOTT R. FAZEKAS, President, has signature authority to bind the Corporation of SCOTT FAZEKAS& ASSOCIATES,INC. The status remains the same to date. Scott R Faz ,President ated Corporate Seal: I '78 9 9 4 SECRETARY OF STATE CORPORATION DIVISION I, BILL JONES, Secretary of State of the State of C, domia, hereby certify: That the annexed transcript has been compaj &with the corporate record on file in this office, of x iich `it purports to be a copy, and that same is full, t le and correct. IN WITNESS W,IIEREGF, !xecute this certificate and affix ie Great Seal of the State of Calif -nia this JU Secretary of . 8 Fam CL=-iG7 i�yp8) 1785049 NUU.R.8ED FILED 1.1 1w. ica of the Secrelaq of awe the f!n16fnMia t 4 ARTICLES OF INCORPORATION f'I OF I SCOTT FAZEKAS & ASSOCIATES, INC. T The name of this corporation is SCOTT FA2EKAS & A. OCIATES, INC. TT 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, banking business, the trust company business or the pract.. a of a j profession permitted to be incorporated by the r tifornia Corporations Code. IZI The name and address in-the States of California of t1 initial agent for service of process for the corporation is: „ lliax A. Woodyard, 1948 Port Cardigan, Newport Beach, California t66'0 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 Inc:C ;)oration on June 3, 1996. i SCOTT FAZEEP, Incorpor [:or 1 INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST 1. Requested by: Jan Richards 2. Date: September 15,2006 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: $75,000 for one year 6. Waiver/modification request: Allow$10,000 deductible 7. Reason for request and why it should be granted: Plan review services is administering a goverment process and is not Droducing a product for the City Consultant is working with the City and guided by the City. 8. Identify the risks to the City in approving this waiver/modification: No more than hiring a City employee. i 9/15/05 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 a City Attorney's Office disagree. 1. Risk Management j Q Approved ❑ Denied ! b5 Signature Date 2. City Attorney's Office proved ❑ Denied /4 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 DocumentV 9/15/2005 4:24 PM Sep 15 2005 9:59AM HP ASERJET FAX • CERTIFICATE OF LIABILITY INSURANCE -3 :. _QB:03 0 FROOUCM TMCERTMICATE:0 ASA•MATFEROPM!"O . 0. a. Lavine, inavwanao ONLY AW COMFOW WO tt1OHTs uroa lm/ JITE farvi.aus, Inc. HOLOOLYMCERTIFICII7ED0E81�K11,IM�IO:Eva OR 77 Casaal Momtain Read ALTER TIE COVeRAOE AFFOROEQ BY THE POLIC�i e6.dyM n Dim" Ci 92121 acne;M-492-"92 taz:858-481-7953 MUMMAFFOMOMCOVERAM ilA10E; swim iWAMA: GCOaAMidh IOsnraAOft 22322 $"Ste �� � � sswnsRa Cat wfuRERa steam,r. 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EtfA1:MAOdOBB i CFFIC6MBlRMWAAD► EL OMIEME.EAEIltO11E i Iy�,fiKtfi�ia� - flECetL/'MOIII�OIMItwf.r - EL pfFAfi.FOLICYLmT 14 a' DWAS"1612 WOW" 0sJ05106 c1si,.�1� 1,000:OOQ ossoR�toMaF r veMwavoaowpoAaaAoassnraoorn[ttsnrarsaALFRaAra�f Met bWld4 fafeLy Plan Cbeak 8ervic," psoo! of IasasanCr• *10,"T notice of applims for Don-payment Of ps�aRLiueL. 70C CERTFIGCfE'HOUM CAR MIATION a�gplq aauaArraFT+reAROMeaeaa�ra+oros�drwoaaada�aMi aniTMwor.nraMiMrMoaflMiat stiYL,30*...gmumnam.: CiL= of Dgntit�gloa >!•adt rnne�socam�+cw�sw0asl�"rau*o i Mr. V*M Q=moar 2000 .kin vt 6me; flmEt4=ton Saah CL 92"0 . ACOIlD li p00iNp spAlDOfiDOOAPORATgN1lp PROFESSIONAL SERVICE CONTRACTS PURCHASING CERTIFICATION ` 1. Requested by: Jan Richards 2. Date: September 19,2005 3. Name of consultant: Scott Fazakes Associates, Inc. 4. Description of work to be performed: Plan Review Services 5. Amount of the contract: $75,000.00 Fps c►�� YE�EK. 2.005 10 .io i6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No T. Company number and object code where funds are budgeted: 10055301.69365 8. Is this contract generally described on the list of professional service contracts 9 Y approved by the City Council'? ® Yes, ❑ No 9. Is this contract within $25,000 or 25% (whichever is less)of the amount stated on the list of professional service contracts approved by the City Council?' ® Yes, ❑ No 10. Were (at least) nformal written proposals requested of three consultants? ®Yes, [J No Explanation: RFP processed September 2004 and SFA was selected 11. Attach list of consultants from whom proposals were requested (including a contact telephone number). I 12. Attach proposed scope of work. 13. Attach proposed payment schedule. r RIC ARD DRIL, Manager P chasing/Central Services `If the answer to any these questions is"No,"the contract will require approval from the City Council. Docun=tW 9/19/2005 11:34 AM Ah Proposals for Plan Review Services Rates as of 9/23/04 Plan Check SFA, Inc. 70% of the building permit fee 19 Corporate, Ste. 200 calculated per Table 3A of the 1991 Irvine, CA 92606-0000 Administrative Code 949/475-2901 EsGil Corp None Available 9320 Chesepeke Drive, Ste. 208 San Diego, CA 92123 858/560-1468 CSG Enterprises, Inc. 70% of the building plan review 151 Kalmas Drive, Ste. C-200 fee collected by the City of the 1997 Costa Mesa, CA 92626 of the Uniform Building Code 714/444-9592 Note: These fee's were reviewed subsequently in September 2005. The fee charged by SFA, Inc. is lower than CSG because it is based on an older code. I I i 0 • RCA ROUTING SHEET INITIATING DEPARTMENT: Building & Safety SUBJECT: Amendment to Agreement for Plan Review Services COUNCIL MEETING DATE: June 5, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached Signed in full by the City Attome ) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached (Approved as to form by City Attorne ) Not Applicable ❑ Certificates of Insurance (Approved by the City Attorney) Attached Not Applicable ❑ Fiscal Impact Statement (Unbudget, over$5,000) Attached Not Applicable ❑ Bonds (If applicable) Attached Not Applicable ❑ Staff Report (If applicable) Attached Not Applicable ❑ Commission, Board or Committee Report (If applicable) Attached Not Applicable ❑ Findings/Conditions for Approval and/or Denial Attached Not Applicable ❑ EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use 6 A s )S"A^-j /0 0 ,r' Jr ski' 6 RCA Author: 0 0 CITY OF HUNTINGTON BEACH lea 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK June 7, 2006 Scott Fazekas Scott Fazekas Associates, Inc. 9 Corporate Park, Ste. 200 Irvine, CA 92606-5132 Dear Mr. Fazekas: Enclosed for your records is a copy of Amendment No. 1 to the Agreement between City of Huntington Beach and Scott Fazekas and Associates, for Plan Review Services. Sincerely, Joan L. Flynn City Clerk JF:pe Enclosure: Agreement G:fo1Iowup:agrmtltr (Telephone-714-536-5227 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND 'z,Co7T �2AZ.eKPS g N5scc-k0,T�ES , C NG. FOR P l-A-N V eo 1 ew S Ey o tC t.S THIS AGREEMENT ("Agreement") is made and entered into this ks-r day of C-T 0,6 t:5<- 20 o5,by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and �;CUTT ' A26Kfls �'rssoc�flT�S� e.» a CAL\1FQR1.)�A CoftPogr}mD-) hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to PgAVORz.M 'PRog6-sS\oNAt_ ' L4t-3 VeukeA5 Si✓`Q\Ct'S ; 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 designatesCST-c. C=A2EticA5 who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/forms/profservl0/15101-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 30 a Gj oo 1� ,unless � 1 sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than q ( 3y b©ot:, from the Commencement Date of this T 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 a CONSULTANT on a time an materials basis at the rates specified in d e 1�' pay P Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed �EW ft�V - IR�Ve THnu5A-r-)D Dollars($ �DOD . °a ). 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/profserv10/15/01-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/profserv10/15/01-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 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/profsery 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 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 10/15/01-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 'C oz T FA 2 t V-AS ATTN: 9,oss CRANme aCa-r'C 16P}2��c&s NSSDCWTE5,11'Nc, 2000 Main Street Huntington Beach, CA 92648 CI cO19,9CAftTE ?ARK, ST6 boo G CA Q bob-G1-3 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 10/1 510 1-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 at th beginning f in Agreement are merely descriptive phrases e g nnmg o the various sections this Ag eeme e y 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/profserv10/15/01-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 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/profservl0115101-A 9 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 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 supercede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agree/forms/profsery 10/15/01-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, �xo�T ��12 Ktk 5 A a municipal corporation of the State of California ✓` �'y .,�' Director of 9&u►L o\t.46 5fl P�Ty BY' (Pursuant To HBMC§3.03.100) SCOTT • �P\A2Oe-k 5 print name ITS: (circle one)Chairm resident/ ice President ED AS TO FORM: AND WL / IC City Attorn y REVIEWED AND APPROVED: print name ITS: (circle one)Secretary/`hi Financial Officer/ sst. Secretary—Treasurer City Administra r (only for contracts$50,000.00 and over) agree/forms/profservl0/15/01-A 1 1 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. imp/contracts group/exA/9/13/05 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/9/13/05 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 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 "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. agee/forms/exB-hourly fee/9/13/05 EXHIBIT B 3 Hourly Payment 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 FazeW6, President ated Corporate Seal: a 789 � M IIYY t SECRETARY OF STATE CORPORATION DIVISION I, BILL JONES, Secretary of State of the State of C, ifornia, hereby certify That the annexed transcript has been comp�i 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 to and correct. IN WITNESS WHEREOF, execute this certificate and affi;� ie Great Seal of the State of Calif nia this JUN 196 bi Secretary of S a"istate Form CE-107(rev.9M) 1785049 F I L E D In .!u: ica of the Secretary Of State' thr ^,^•^ �� rallfnrgia IJUN 4 19% ARTICLES OF INCORPORATION ryW A , 7 OF SCOTT FAZEKAS & ASSOCIATES, INC. it1N€S Se of&f�ffa I The name of -this corporation is SCOTT FAZEKAS & A OCIATES, INC. IT 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 tht 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 Lli:am A. Woodyard, 1948 Port Cardigan, Newport Beach, California ?660. IV This corporation is authorized to issue only one Class of shares of stock; and the total number of shares A 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 Inoc" ;)oration on June 3, 1996. 1001, SCOTT FAZE , Incorpor !.or su ity INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST 1. Requested by: Jan Richards 2. Date: September 15, 2005 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: $75,000 for one year 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 guided by the City. 8. Identify the risks to the City in approving this waiver/modification: No more than hiring a City employee. 9/15/05 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 th City Attorney's Office disagree. 1. Risk Management , Approved ❑ Denied JAI Signature Dafe 2. City Attorney's Office proved ❑ Denied /O 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 Document17 9/15/2005 4:24 PM Sep 15 2005 9:59AM HP LASERJET FAX p.2 ryYYVI BOO AGORD_ CERTIFICATE OF LIABILITY INSURANCE OP'R os oATE(IR vv fly PNOOUCER TM CERTIFICATE IS—M AS3 A RATTER OF evommitom 0. S. Levine rnsurance ONLY AND CONFERS NO fUGHTS UPON INE CERT9 iCATE 6ezviaes, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND.WEND OR 377 Carmel Wmaxtaia Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. a Diego Ch 92121 aons;858-482-8692 ?":858-481-7953 DOURERS AFFOfWWG COVERAGE NAILS, IINUMD RGURERA: 6resowiah Insurance 22322 INSURER a Scott�oF adras ii 8-fit too � I99Lvi=w CA,12?1d s2O NSURIeR E: COVERAGES THE POLICES OF MISURANCE LISTED BELOW NAVE BEER ISSUED TO THE WSURED NAMED ABOVE FOR THE POLICY PERIOD WMATED.NOIYNTNBTANONO AKRMOEIAENT.WRWORCO[MMU OFAW COMPACT OROTHM DOCUAffNT VaH RESPECT TO WH CH TMCERTMATE NNY BE=JEDOR IA(11Y PERTAW.ng NNIRIWCE AFFONM BY THE POLICES DESCRIBED HEREIN 19 SUUECT TO ALLTW TERMS,EXCLUSIONS AND COPKWK S OF SUCH POLACO&AGGREGATE LNUM MOWN MAY HAYS SEEM REONCE.D BY PAOdAIMS LIN TYPE OF oomxvAlCE POLICY MIIIB!*•R OAS LIP" OEIiERAL LMMs11 flY EACH OCClNWA*E S C1MIB MAft GENERA.UABM SY PRfFS8so i CIAMIGnmE DOCCUR MEOEX-&Va"vw9w4 S ~ PERSONAL&AW INS it1f i G,EMER^.A06REGAIE i GEWL AGGREGATE LWr APPLES P6C PRODUCTS-COAIPADP AGMs S POt ICY P ED LOC AUTOMOTNLE UAWL"y OOYMIWEO SINOLEL"r AKAUiO (EN40CW t) S ALL OWNER AUTOS BODILY(WARY SOMULEPAUTOS (Py p--n) s HMEDAUTOS `DODLsJURV s MON40VVNWAUTM APM 'VED TO FORM G*RAGK LIA any CITY EY UC Cn Aura ONLY-FA ACCHIEltT i AWAUTO o?I iTHAN EAAM s ltl7IOQMC-Y Aw s ER�UrBIB31�A LB1BBNrY E14d1 OCCtAiRENCE ; OCCUR CLAW NIAOE AGGREGATE S Y s DEOUCTIBLE $ RETENTION S i WOINUMCO.O'ENBA710MANB TORYLBAR7i Bi awwwCi1W UABBRY E1.EACH AC HXW s AlW OMFyFp�, ELDISEASE•EAEI PLO S BPECYiLp�RO1AB1�O10" ELOISEASE-POUCYLNIIiT 6 OTNER 7► Proftrasioaaal DPA9411612 06/05/05 06/05/06 ClawmWag 1,000,000 liabsli Dad 10,000 OESCIlIRtONOFQERAIIOIIiILOCAIWMi/YD*==!M LUBIONSAOOMBYENOOFOOMMISPECIALPROVWIONB Re: Building Safety Plan Check Services Proof of Inaurance *10 nay notice of asnaal"tson appUas for non-payment of premium. xx CERTIFICATE HOLDER CA19CELLAIM CrTzHus SHMLOAWOFTMMWMDNCR6MF*LSCWBiWCANMAWGSFCMTMOWMUM oATBTNEABOR,T/IEIBSURIBBl3A1R@tWL +llt 30* nAYSW1erIEN City of Buntington Beach NOTACE so 71s cERTw"Te UOLOSR NM SO TO THE LEff JUM., Mr_ Rossi C=vmer 2000 efai.n Street 9natington Beach CIA 92648 NO TIME ACORD 25 rM0WW ®ACORD CORPORATION INS PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR 9Lai') �Z V\GtO S V-0C ES 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........................................................................... 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 Fs it PROFESSIONAL SERVICE CONTRACTS �,® PURCHASING CERTIFICATION 1. Requested by: Jan Richards 2. Date: September 19, 2005 3. Name of consultant: Scott Fazakes Associates, Inc. 4. Description of work to be performed: Plan Review Services 5. Amount of the contract: $75,000.00 6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No 7. Company number and object code where funds are budgeted: 10055301.69365 8. Is this contract generally described on the list of professional service contracts approved by the City Council'? ® Yes, ❑ No 9. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on the list of professional service contract approved b the City Council?' p s app o y y ® Yes, ❑ No 10. Were (at least) informal written proposals requested of three consultants? ® Yes, ❑ No Explanation: RFP processed September 2004 and SFA was selected 11. Attach list of consultants r (including sul is f from whom proposals were requested a contact telephone number). 12. Attach proposed scope of work. 13. Attach proposed payment schedule. r RIC ARD AMADRIL, Manager P chasing/Central Services ' If the answer to any these questions is"No,"the contract will require approval from the City Council. Document14 9/19/2005 11:34 AM Proposals for Plan Review Services Rates as of 9/23/04 Plan Check SFA, Inc. 70% of the building permit fee 19 Corporate, Ste. 200 calculated per Table 3A of the 1991 Irvine, CA 92606-0000 Administrative Code 949/475-2901 EsGil Corp None Available 9320 Chesepeke Drive, Ste. 208 San Diego, CA 92123 858/560-1468 CSG Enterprises, Inc. 70% of the building plan review 151 Kalmas Drive, Ste. C-200 fee collected by the City of the 1997 Costa Mesa, CA 92626 of the Uniform Building Code 714/444-9592 Note: These fees were reviewed subsequently in September 2005. The fee charged by SFA, Inc. is lower than CSG because it is based on an older code.