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PROFESSIONAL SERVICES AGREEMENT
FOR BUILDING AND SAFETY SERVICES
THIS AGREEMENT ("Ag reement") is made and entered into this 17th day of May
byand between the Cityof Rancho Palos Verdes (hereinafter referred to as the
2011,
"City") u and Scott Fazekas & Associates, Inc. (hereinafter referred to as "Consultant").
RECITALS
The Citywishes to use the professional services of Consultant to provide building
and safety consulting services to the 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
bythe Rancho Palos Verdes Municipal Code and is qualified to perform these
services for City.
AGREEMENT
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
When requested by the City, Consultant shall, in a professional and timely
manner, perform the following services under the direct supervision of the City's
certified Building Official or Director of Community Development:
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A.
Inspection: Provide field inspections during the course of construction, pursuant
to applicable Codes. Inspection shall be made by the next working day following
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a by
request made 4:00 PM on the preceding day. If requested by a permit
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applicant, buildinginspectors will provide appointments for field inspections
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within a specified two-hour time frame on the day of the inspection.
B. Coordination: Coordinate procedures with the Director of Community
Development and provide appropriate information to the public.
WorkingRelationships: Establish working relationships and coordinate with other
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appropriate public agencies and private utilities.
D. Meetings: Attend meetings with City staff, City officials, developers, contractors,
and the
eneral public, as required by the Director of Community Development or
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his or her designee.
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E. Records: Maintain all original Building and Safety records and files at City Hall.
F. Reporting: Keep daily logs of all permit and inspection activities. Submit to the
Director Development of CommunityDevelo ment monthly itemized reports and an annual
itemized report of all service activities. Submit reports to other agencies, as
required bylaw orthe City. Coordinate the content and format of any reports
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with the Director of Community Development.
Provide periodic technical training to keep Consultant's staff up-to-date
G. Training:
on the
latest codes and buildingtechniques. Provide to, and receive from, the
Community DevelopmentDepartment's De artment's staff appropriate training to coordinate
the functions of that Department 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 telephoneCity
duringall Hall office hours. Such public availability shall be
rovidccI byeither the Cityor Consultant's personnel using schedules
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-' the City's BuildingOfficial that optimize service to the public and
establ�sr.ed by y
are consistent with this Agreement.
1. Investigations:ons: Conduct investigations pursuant to an approved purchase order
from theCity, including
field and office research and any follow-up work, such as
the preparation of letters and documents. These investigations may also include
inspections,
research, code enforcement, and so forth, which are not billable to a
permit.
Studies: Consultant shall perform special building and safety studies or
J. Special
other workP ursuant to an approved purchase order from the City.
K. Labeling: Consultant shall allocated all costs to the appropriate trust deposit,
number or other special fund. Consultant shall indicate on all records
plan check p .
documents the tract, lot or parcel number, address or other designation to
and
identify the project site to which the costs pertain.
L. Vehicles: City it will provide all vehicles necessary to properly perform the services
and duties required under this Agreement.
M. Certified employees Staff: Consultants em' to ees must be certified building inspector(s).
Consultant provide ant shall certified staff to the City upon the request of the Building
Official or the Director of Community Development.
When determined appropriate to do so by the Building Official or the
N. Permits:
Director Development,of CommunityDevelo ment, the scope of Consultant's services shall
include
the issuance of construction-related permits in the City's public rights-of-
way. yp
The type of permits to be issued will be determined by the Director of
Community Development and will include, but not be limited to, curb cut permits
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for new or relocated driveway aprons and temporary dumpster permitsin the
street.
O. Plan Review: Providep lan review of building, plumbing, mechanical, electrical,
energyand disabled access codes as adopted statewide and amended 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 shallp erform all services and duties pursuant to this Agreement in a
professional and timely manner, at the direction of the Director of Community
Development or the Directors' designee. All directives, instructions, or other
communications between City and Consultant shall be through only the Director of
Community Development ment or the Directors' designee. Time is of the essence in this
Agreement.
ARTICLE III
TERM
This Y
Agreement shall commence on Jul 1, 2011 and shall terminate on June 30,
2013, unless sooner terminated pursuant to Article X of this Agreement.
ARTICLE IV
COMPENSATION FOR SERVICES
For the services described in Article I, the City shall pay Consultant $70.00 per
hour for inspection services, and $100.00 per hour for plan check services. These
hourly rates shall be in effect through the end of this Agreement.
City mayrequest in writing that Consultant perform additional services not
covered by specificscope the of work set forth in this Agreement, and Consultant shall
perform such services. City shall pay Consultant for such additional services in
accordance with Consultant's hourly rates noted above, unless otherwise agreed upon
in writing by both parties.
shallConsultant City, by
submit to 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 byCityby not later than the tenth (10th) day of the
month, City pay shall a 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.
City agrees rees to use its best efforts to notify Consultant of any disputed invoice
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• receipt of each invoice. However, City's failure to
amounts within ten (10) days of the p
timel
• y notify Consultant of a disputed amount shall not be deemed a waiver of City's
right to challenge such amount.
AllpaY ments 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 certifiedpersonnel ersonnel necessary to properly perform the
under this Agreement and shall at all times allow the
services and duties required g
• OfficialDirector of CommunityDevelopment to direct such personnel
Building and/or the
the performance of such
inservices and duties to be performed for the City. Scott
and performance
responsible for Consultant's obligations
Fazekas shall be principally p .
thisshall serve as the principal liaison between City and
under Agreement and
Consultant. Consultant shall not designaterepresentatives other than Scott Fazekas,
consent of either the Building Official or the Director of
without the prior written be
All staff changes Community Development. recommended by Consultant shall
' days in advance of the proposed change. At all
requested a minimum of thirty (30) y
times Consultant shall be responsible for its representatives and employees' services.
Consultant shall notify City in
writingof its recommendation of the retention of
and the need therefor. City shall any supplemental subconsultants have the exclusive
authority to determine whether such subconsultants shall be retained pursuant to
' recommendation and shall have the ability
Consultant's to pre-approve all
subconsultants. At all times Consultant shall be responsible for its subconsultants'
services.
ARTICLE VI
DUTIES OF CITY
Cityavailable to Consultant, without charge or expense,shall provide or make all.
information, documents, studies, records, maps, reports, plans, equipment,
data, files, .
material in its possession necessary for carrying out the
computer programs or other
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services and duties
contemplated under this Agreement ("City Products").
ARTICLE VII
OWNERSHIP OF DOCUMENTS
City and Consultant agree that all documents, plans, specifications, files, reports,
information, photographs, images, video files and media prepared by, in
data, exhibits, photog p g .
f in whole or in part, the performance of this Agreement
response to, or as a result o ,
the sole property of City without restriction or limitation
("Written Products") shall bep p Y
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use,
upon duplication or dissemination by the City. Written Products are to remain
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confidential and are not to be released or otherwise made available to a.,y third party
without express prior written approval of City. Consultant shall deliver copies of any
Written Products or City Products to the City upon demand without additional cost or
expense to the City: During the term of this Agreement, Consultant may retain one
copy of each City Product for its records.
No Written Products or City Products shall be the subject of an application for
copyright ri ht b Y or on the behalf of Consultant. Consultant hereby assigns to the City all
ownership and any and all intellectual property rights to the Written Products that are
not otherwise vested in the City pursuant to this Article.
Upon termination, abandonment or suspension of the project, Consultant shall
deliver to the Cityall Written Products, City Products, and other deliverables related to
the project without additional cost or expense to the City. If Consultant prepares a
document on a computer, Consultant shall provide the City with said document both in a
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printed format and in an electronic format that is acceptable to the City.
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
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pursuant to this Agreement.
Consultant also warrants that it is not, at the time this Agreement is entered into,
engaged inemployment or representation which will or may likely make Consultant
any
"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
INDEMNIFICATION AND INSURANCE
A. Indemnification. Consultant shall defend, indemnify, and hold the City, its
officials, officers, employees, agents and independent contractors serving in the
role of City officials, and volunteers (collectively "indemnitees") free and harmless
from any and all claims, demands, causes of action, costs, expenses, liabilities,
losses, damages or injuries, in law or equity, to property or persons, including
wrongful death (collectively "Claims"), in any manner arising out of or incident to
any acts or omissions of Consultant, its officials, officers, employees or agents in
connection with the performance of this Agreement, including without limitation
thea ment of all consequential damages, attorneys' fees, and other related
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costs and expenses, except for such Claims arising out of the sole negligence or
willful misconduct of the Indemnitees. With respect to any and all such Claims,
Consultant shall defend Indemnitees at Consultant's own cost, expense, and risk
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and shall pay and satisfy anyjudgment, award, or decree that may be rendered
against Indemnitees. Consultant shall reimburse Indemnitees for any and all
legal expenses and
costs incurred byeach of them in connection therewith or in
enforcing the indemnity provided.herein Consultant's obligation to indemnify
be restricted to insurance proceeds, if any, received by Consultant or
shall not
Indemnitees. All duties of Consultant under this Article IX(A) shall survive
termination of this Agreement.
B. General Liability.
Consultant shall at all times during the term of the Agreement
maintain, and keepin full force and effect a policy or policies of
carry,
Comprehensive
General LiabilityInsurance with a minimum limit of one million
dollars ($1,000,000.00) for each occurrence and in the aggregate for any
personal injury, death, loss or property damage for any and all activities
� �' Said policyor
undertaken byConsultant in the performance of this Agreement.
policies by
i ies shall be issued an insurer admitted in the State of California and rated
in Best's Insurance Guide with a rating A:VII or better.
Liability. Consultant shall at all times during the term of this
C. Professionaly . .
carry, maintain, and keepin full force and effect a policy or policies of
Agreement
professional liabilityinsurance with a minimum limit of one million dollars
. 0per claim and in the aggregate for errors and omissions of
($1,000,000 0 ) g
Consultant in the performance of this Agreement. Said policy or policies shall be
issued
byan insurer admitted in the State of California and rated in Best's
Insurance Guide with a rating of A:VII or better.
Automobile Liability. Consultant shall at all times during the term
D. of this y
Agreement carry, maintain, keepand in full force and effect a policy or policies of
automobile liabilityinsurance with a minimum limit of one million dollars
($1,000,000.00)
per accident for bodilyinjury, death and property damage. Said policy or insurer policiesshall be issued byan 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
performance the of work under this Agreement worker's compensation
insurance as required bythe law. Consultant shall require any subconsultant
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providecompensation to such insurance for their respective employees.
F. Notice of Cancellation.
All insurancepolicies shallprovide that the insurance coverage shall not
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be canceled bythe insurance carrier without thirty (30) days prior written
� nonpayment
notice to Cityor ten (10) days notice if cancellation is due to
of premium. Consultant agrees that it will not cancel or reduce said
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insurance coverage.
Consultant agrees that if it does not keep the aforesaid insurance in full
ii.
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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,
shall maintain on file with the City
Consultant Clerk certificates of insurance
showingthat the aforesaidpolicies are in effect in the required amounts. The
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comprehensivegeneral liability policy or policies and any professional liability
p insurance policy olic shall contain an endorsement naming the City as an additional
insured.
H. Primary Coverage. The insurance provided by Consultant shall be primary to
any coverageservices provided under this available to City in relation to the
Agreement. The insurance policies (other than workers� compensation and.
professional liability) shall include provisions for waiver of subrogation.
ARTICLE X
TERMINATION
This may Agreement be terminated at any time, with or without cause, by either
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party upon sixtY (60)uda s rior written notice. Notice shall be deemed served if
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completed in compliance with Article Xl(K).
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 servicesperformed by Consultant in an amount to be determined
p 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 hours performed
prior to the effective date of termination or cancellation in accordance with the fees
described in Article IV.
In the event of such termination, Consultant shall return to City at City's option all
finished or unfinished Written Products and City Products in Consultant's possession.
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), the applicable equal employment provisions of the Civil Rights Act of
1964 (42 U.S.C. 200e-217), and the Americans with Disabilities Act of 1992 (42
U.S.C. § 11200, et seq.).
B. Non-discrimination. Consultant shall not discriminate as to race, creed, religion,
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gender, sexual orientation, color, national origin, physical or mental
sex,
disability, or any other status protected by federal, state or local laws in the
performance of its services and duties pursuant to this Agreement.
C. Legal Action.
either partyto this Agreement bring legal action against the other,
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validity, interpretation and performance of this Agreement shall be
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controlled byand construed under the laws of the State of California,
excludingCalifornia's choice of law rules. Venue for any such action
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relating
to this Agreement shall be in the Los Angeles County Superior
Court.
any legal action or other proceeding, including action for declaratory
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brought isbrou ht for the enforcement of this Agreement or because of an
alleged dispute, breach,
default or misrepresentation in connection with
Agreement, the prevailingpartyshall be entitled to recover reasonable
this
attorneys' fees, experts' fees, and other costs, in addition to any other
relief to which the party may be entitled.
Shouldany legal action about a project between City and a party other
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than Consultant require the testimony of Consultant when there is no
allegation that Consultant was negligent, City shall compensate
Consultant preparation for its testimonyand to testify at reasonable hourly
rates.
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D. Compliance
with Applicable Law. Consultant and City shall comply with all
applicable laws, ordinances and codes of the federal, state and local
governments.
. This Agreement and all parts of it shall not be assignable by either
E. Assignment g
party without the prior written consent of the other party. Any such purported
assignment without written consent shall be null and void, and the assigning
party shall
hold harmless, defend and indemnify the other party and its officers,
employees, a ents and representatives with officials, respect to any claim,agents
demand or action arising from any unauthorized assignment.
F. Independent Consultant. Consultant is and shall at all times remain, as to the
independent contractor. Neither the City nor any of its agents shall
City, a wholly p
have control over the conduct of Consultant or any of the Consultant's
employees, except as provided in this Agreement. Consultant shall have no power to incur anydebt, obligation, or liability on behalf of the City or otherwise
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act on behalf of the City as an agent. Consultant shall not, at any time or in any
manner, represent that it or anyof its agents, servants or employees, are in any
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manner agents, servants or employees of City. Consultant agrees to pay all
required taxes on amounts paid to Consultant under this Agreement, and to
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indemnify and hold the City harmless from any and all taxes, assessments,
penalties, and interest asserted against the City by reason of the independent
contractor relationship created by this Agreement. Consultant shall fully comply
with the workers' compensation law regarding Consultant and its employees.
Consultant further agrees to indemnify and hold the City harmless from any
failure of Consultant to comply with applicable workers' compensation laws. The
City shall have the right to offset against the amount of any fees due to
Consultant under this Agreement any amount due to the City from Consultant as
a result of its failure to promptly pay to the City any reimbursement or
indemnification arising under this Article Xl(F).
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 ated 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. 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.
iii. Waiver by either party of any one or more of the conditions of performance
under this Agreement shall not be a waiver of any other condition of
performance under this Agreement. In no event shall the making by the
City of any payment to Consultant constitute or be construed as a waiver
by the City of any breach of covenant or any default which may then exist
on the part of Consultant, and the making of any such payment by the City
shall in no way impair or prejudice any right or remedy available to the City
with regard to such breach or default.
J. any Y or portion If term of this Agreement is held to be invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
K. Notice. Any notice or documents required shall not be effective unless it is given
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' ' delivered inperson orcertified mail, postage prepaid, and
in writing and by
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 Community Development
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Any party may cgby giving a its address written notice to the other party.
Thereafter, any notice
or other communication shall be addressed or transmitted
any
to the new address. If sent
bymail, notice or documents shall be deemed
effective three (3) business days after it has been deposited in the United States
mail. For purposes of
communicatingtime frames, weekends and federal, state,
County Angeles Los An eles or City holidays shall be excluded.
[Signatures on next page]
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VHEREOF the Cityand Consultant have executed this Agreement by
IN WITNESS � �
and through the signatures of their duly authorized representatives, as of the date set
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forth above.
Dated: SCOTT FAZEKAS & ASSOCIATES, INC.
By: 71,, ‘
Signature
lePek,
1
Title
By: ,16/11,vV,
Signature
Title
Dated: / THE CI ' ;sF ' A ► CHO PA V RDES
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By:
M.fir
ATTEST: APPROVED AS TO FORM:
By: -
By:
City Clerk City Attorney
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