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Scott Fazekas & Associates Inc (2009) • PROFESSIONAL SERVICES AGREEMENT FOR BUILDING AND SAFETY SERVICES This Agreement is made and entered into this 2nd day of June 2009, by and between the City of Rancho Palos Verdes (hereinafter referred to as the "City") and Scott Fazekas &Associates, Inc. (hereinafter referred to as "Consultant"). RECITALS City wishes to use the professional services of Consultant to provide building and safety consulting services to City on an as-needed basis; and, Consultant has represented that it has a unique and specialized knowledge and understanding of, and experience with, plan check, permit issuance, inspection and enforcement of the California Building, Electrical, Plumbing and Mechanical Codes as adopted by Rancho Palos Verdes Municipal Code Chapters 15.04, 15.08, 15.12, 15.16 and 15.18, and is qualified to perform said services for City; and, IN CONSIDERATION of the foregoing recitals and the covenants hereinafter set forth, the parties hereto mutually agree as follows: ARTICLE I SCOPE OF CONSULTANT'S SERVICES Consultant shall, in a professional and timely manner, perform the following services, when requested by the City, by or under the direct supervision of the.City's certified Building Official or Director of Planning, Building and Code Enforcement: A. Inspection: Provide field inspections during the course of construction, pursuant to applicable Codes. Inspection shall be made by the next working day following a request made by 3:00 PM on the preceding day. If requested by a permit applicant, Building Inspectors will provide appointments for field inspections within a specified two-hour time frame on the day of the inspection. B. Coordination: Coordinate procedures with the Director of Planning, Building and Code Enforcement and provide appropriate information to the public. C. Working Relationships: Establish working relationships and coordination with other appropriate public agencies and private utilities. Revised 1 7-1 8 D. Meetings: Attend meetings with City staff, City officials, developers, contractors, and the general public, as required by the Director of Planning, Building and Code Enforcement or his/her designee. E. Records: Maintain all original Building and Safety records and files at City Hall. All records, documents, studies, computer programs and files, etc. are the property of the City. F. Reporting: Keep daily logs of all permit and inspection activities. Submit a monthly itemized report and an annual itemized report of all service activities to the Director of Planning, Building and Code Enforcement. Submit reports to other agencies, as required by law. Coordinate the content and format of any reports to the City with the Director of Planning, Building and Code Enforcement. G. Training:, Provide periodic technical training to keep Consultant's staff up- to-date on the latest codes and building techniques. Provide to, and receive from, the Planning and Code Enforcement Division's staff appropriate training to coordinate the functions of those Divisions and the Consultant. H. Availability to the Public: The Consultant understands that Building and Safety Inspectors must be available to provide information about the status of active permits and to answer general questions from the public at the counter or over the telephone during all City hall office hours. Such public availability shall be provided by either the City or Consultant's personnel using schedules established by the City's Building Official that optimize service to the public and are consistent with this Agreement. I. Investigations: Conduct investigations pursuant to an approved purchase order from the City, including field and office research, including any follow-up work, such as the preparation of letters and documents. These investigations may also include inspections, research, and code enforcement, etc., which are not billable to a permit. J. Special Studies: As occasions arise, Consultant may be called upon to perform special building and safety studies or other work pursuant to an approved purchase order from the City. Charges shall be billed as defined under Article IV (Compensation) either to a trust deposit account or budget account, or a specific contract proposal shall be agreed upon defining the scope of work and payment schedule. K. Records: All costs are to be allocated to the appropriate trust deposit, plan check number or other special fund to which they pertain. The tract, lot or parcel numbers, address or other designation to identify the project site to which the costs pertain shall be indicated on all records and documents. Page 2 Revised 1 7-1 9 • L. Vehicles: City will provide all vehicles necessary to properly perform the services and duties required under this Agreement. M. Certified Staff: The scope of Consultants services includes the provision that the employees which are provided to the City must be certified Building Inspector(s). Consultant shall provide certified staff to the City upon the request of the Building Official or the Director of Planning, Building and Code Enforcement. N. Permits: When determined appropriate to do so by the Building Official or the Director of Planning, Building and Code Enforcement, the scope of Consultant's services shall include the issuance of construction-related permits in the City's public rights-of-way. The type of permits to be issued will be determined by the Director of Planning, Building and Code Enforcement and will include, but not be limited to, curb cut permits for new or relocated driveway aprons and temporary dumpster permits in the street. O. Plan Review: Provide plan review of building, plumbing, mechanical, electrical, energy and disabled access codes as adopted statewide as the California Codes and as amended by local Ordinance by the City. Reviews will result in correction lists and rechecks until plans are brought into substantial compliance with applicable codes and an approval stamp is affixed to the plans. ARTICLE II PERFORMANCE OF SERVICES Consultant shall perform all services and duties pursuant to this Agreement in a professional and timely manner, at the direction of the Building Official or the Director of Planning, Building and Code Enforcement or the Directors' designee. All directives, instructions, or other communications between City and Consultant shall be through only the Director of Planning, Building and Code Enforcement or the Directors' designee. ARTICLE Ill TERM This Agreement shall commence on July 1, 2009, and shall terminate on June 30, 2011, unless otherwise extended by the parties hereto. ARTICLE IV Page 3 Revised 17-20 . COMPENSATION FOR SERVICES For the services described in Article I, Consultant will be paid $70.00 per hour for inspection services, and $100.00 per hour or a mutually agreed upon percentage of the City's plan check fee for plan check services. City may request in writing that Consultant perform additional services not covered by the specific Scope of Work set forth in this Agreement, and Consultant shall perform such services and will be paid for such additional services in accordance with Consultant's hourly rates noted above. Consultant shall submit to City, by not later than the tenth (10th) day of each month, its bill for services rendered and costs incurred during the previous month. Each bill shall include a breakdown of the Inspection Services costs, which shall specifically indicate the dates and total fee billed towards the work completed. If Consultant's bill is properly prepared and received by City by not later than the tenth (101h) day of the month, City shall pay Consultant all uncontested amounts set forth in Consultant's bill by not later than thirty(30) days from the date that the bill was received. All other properly billed and uncontested invoices received after the tenth (10th) of the month shall be paid by City not later than forty-five (45) days after receipt of Consultant's bill by City. All payments due Consultant shall be paid to: Scott Fazekas &Associates, Inc. 9 Corporate Park, Suite 200 Irvine, California 92606 ARTICLE V PERSONNEL Consultant shall provide all certified personnel necessary to properly perform the services and duties required under this Agreement, and shall at all times allow the Building Official, and or the Director of Planning Building and Code Enforcement to direct such personnel in the performance of such services and duties to be performed for the City. Scott Fazekas shall be principally responsible for Consultant's obligations and performance under this Agreement and shall serve as the principal liaison between City and Consultant. Consultant shall not designate representatives or liaisons other than Scott Fazekas, without the prior written consent of either the Building Official or the Director of Planning, Building and Code Enforcement. All staff changes recommended by Consultant shall be requested a minimum of thirty(30) days in advance of the proposed change. Consultant shall notify City in writing of its recommendation of the Page 4 Revised 17-21 • retention of any supplemental subconsultants and the need therefor. However, City shall have the exclusive authority to determine whether such subconsultants shall be retained pursuant to Consultant's recommendation and the ability to pre- approve all sub-consultants. ARTICLE VI DUTIES OF CITY City shall provide or make available to Consultant, without charge or expense, all information, data, records, maps, reports, plans, equipment, or other material in its possession necessary for carrying out the services and duties contemplated under this Agreement. ARTICLE VII OWNERSHIP OF DOCUMENTS City and Consultant agree that all records, data, reports or other documentation prepared by, in response to, or as a result of the performance of this Agreement shall be the sole property of City, and are to remain confidential, and not be released or otherwise made available to any person, entity or organization without express prior written approval of City. Copies of any data, records, reports or other documents held by Consultant shall be delivered to City upon demand. During the term of this Agreement, Consultant may retain one copy of each document for its records. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on the behalf of Consultant. ARTICLE VIII CONFLICT OF INTEREST Consultant agrees not to accept any employment or representation during the term of this Agreement which is or may likely make Contractor"financially interested" (as provided in California Government Code Sections 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained pursuant to this Agreement. Consultant also warrants that it is not, at the time this Agreement is entered into, engaged in any employment or representation which will or may likely make Consultant "financially interested" in any decision made by City on any matter in connection with which Consultant has been retained pursuant to this Agreement. ARTICLE IX Page 5 Revised 17-22 • INDEMNIFICATION AND INSURANCE A. Indemnification. Consultant agrees to comply with the provisions of Rancho Palos Verdes Municipal Code Section 15.18.020, Administrative Code amended — Liability. Consultant will defend, indemnify and hold harmless City, its City Council, Boards, Commissions and its officers, employees and agents (collectively"City"), against any claim, loss or liability that arises because of the sole or primary negligence or willful misconduct of Consultant, its agents, officers or employees, in performing any of the services under this Agreement, including any related claims based on City's passive negligence. B. General Liability. Consultant shall at all times during the term of the Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive General Liability Insurance, with minimum limits of one million dollars ($1,000,000.00)for each occurrence and in the aggregate, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by Consultant. Said policy or policies shall be issued by an insurer admitted in the State of California and rated in Best's Insurance Guide with a rating A VII or better. C. Professional Liability. Consultant shall at all times during the term of this Agreement, carry, maintain, and keep in full force and effect a policy or policies of professional liability insurance with a minimum limit of one million dollars ($1,000,000.00). Said policy or policies shall be issued by an insurer admitted in the State of California and rated in Best's Insurance Guide with a rating of A VII or better. D. Automobile Liability. Consultant shall at all times during the term of this Agreement, carry, maintain, and keep in full force and effect a policy or policies of automobile liability insurance with a minimum limit of one million dollars ($1,000,000,00) per accident for bodily injury and property damage. Said policy or policies shall be issued by an insurer admitted in the State of California and rated in Best's Insurance Guide with a rating of A VII or better. E. Worker's Compensation. Consultant agrees to maintain in force at all times during the performance of work under this Agreement worker's compensation insurance as required by the law. Consultant shall require any subcontractor similarly to provide such compensation insurance for their respective employees. F. Notice of Cancellation. Page 6 Revised 17-23 I i. • All insurance policies shall provide that the insurance coverage shall not be canceled by the insurance carrier without thirty(30) days prior written notice to City. Consultant agrees that it will not cancel or reduce said insurance coverage. ii. Consultant agrees that if it does not keep the aforesaid insurance in full force and effect, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Consultant's expense, the premium thereon. G. Certificate of Insurance. At all times during the term of this Agreement, Consultant shall maintain on file with the City Clerk certificates of insurance showing that the aforesaid policies are in effect in the required amounts. The comprehensive general liability policy or policies and any professional liability insurance policy shall contain an endorsement naming the City as an additional insured. H. Primary Coverage. The insurance provided by Consultant shall be primary to any coverage available to City in relation to the services provided under this Agreement. The insurance policies (other than worker's compensation and professional liability) shall include provisions for waiver of subrogation. ARTICLE X TERMINATION This Agreement may be terminated at any time, with or without cause, by either party upon sixty(60) days prior written notice. Notice shall be deemed served if completed in compliance with Article Xl(J). In the event of termination or cancellation of the Agreement by Consultant or City, due to no fault or failure of performance by Consultant, Consultant shall be paid compensation for all services performed by Consultant, in an amount to be determined as follows: for work done in accordance with all of the terms and provisions of this Agreement, Consultant shall be paid an amount equal to the amount of services performed prior to the effective date of termination or cancellation in accordance with the fees described in Article IV, provided, in no event shall the amount of money paid under the foregoing provisions of this paragraph exceed the amount which would have been paid to consultant for the full performance of the services described in Article IV and the particular purchase order. In the event of such termination, all finished or unfinished documents, reports, charts, data, studies, surveys, in the possession of Consultant under this Page 7 Revised 17-24 4 40 • Agreement shall be returned to City, at its option. ARTICLE XI GENERAL PROVISIONS A. Fair Employment Practices/Equal Opportunity Acts. In the performance of this Agreement, Consultant shall comply with all applicable provisions of the California Fair Employment Practices Act (California Government Code Sections 12940-48) and the applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 200e-217), whichever is more restrictive. B. Non-discrimination. Consultant shall not discriminate as to race, creed, religion, gender, color or national origin in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of the City relating thereto. C. Legal Action. Should either party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. ii. If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the Prevailing Party shall be entitled to recover reasonable attorneys' fees, experts' fees, and other costs, in addition to any other relief to which the party may be entitled. iii. Should any legal action about a project between City and a party other than Consultant require the testimony of Consultant when there is no allegation that Consultant was negligent, City shall compensate Consultant for its testimony and preparation to testify at the hourly rates in effect at the time of such testimony. D. Compliance with Applicable Law. Consultant and City shall comply with all applicable laws, ordinances and codes of the Federal, State and local Governments. E. Assignment. This Agreement shall not be assignable by either party without the prior written consent of the other party. Notwithstanding the Page 8 Revised 17-25 0 • • • foregoing, Consultant may use the services of persons and entities not in its employ, when it is appropriate and customary to do so upon prior approval by City. Such persons and entities include, but are not limited to, surveyors, specialized consultants and testing laboratories. Consultant's use of others for additional services shall not be unreasonably restricted by City, provided Consultant notifies City in advance. F. Independent Consultant. Consultant is and shall at all times remain, as to City, a wholly independent consultant. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as herein set forth. Consultant expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees, are in any manner the agents, servants or employees of City, it being distinctly understood that Consultant is, and shall at all times remain to City, a wholly independent contractor and Consultant's obligations to City are solely such as are prescribed by this Agreement. G. Titles. The titles used in this Agreement are for general reference only and are not part of this Agreement. H. Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, written or oral. This Agreement may be modified or any provision or breach thereof waived only by a subsequent written agreement signed by both parties. Legal Construction i. This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of same, and any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement. ii. The article and section, captions and headings herein have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction. iii. Whenever in this Agreement the context may so require, each gender shall be deemed to refer to and include any other gender and the singular shall refer to and include the plural. J. Notice. Any notice or documents required shall not be effective unless it is given in writing and delivered in person or by certified mail, postage Page 9 Revised 17-26 • • 'G. prepaid, and addressed to the parties at the addresses stated below, or at such other address as either party may hereafter notify the other in writing as aforementioned: CONSULTANT: Scott Fazekas &Associates, Inc. 9 Corporate Park, Suite 200 Irvine, California 92606 The CITY: Director of Planning, Building and Code Enforcement City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Any party may change its address by giving written notice to the other party. Thereafter, any notice or other communication shall be addressed or transmitted to the new address. If sent by mail, any notice or documents shall be deemed effective three (3) business days after it has been deposited in the United States mail. For purposes of communicating time frames, weekends and federal, state, religious, County of Los Angeles or City holidays shall be excluded. Page 10 Revised 17-27 • : r • • rw IN WITNESS WHEREOF, the City and Consultant have executed this Agreement by and through the signatures of their duly authorized representatives, as of the date set forth above. SCOTT FAZEKAS & ASSOCIATES, INC.: B : Y• Name Title By: / l Name Title THE CI .OF RAN O PALOS VERDES: By: tis Mayor ATTEST: - 4._Cy7 By: /i / ?ç: City Clerk Revised 17-28