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.
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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.
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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
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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
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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
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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.
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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
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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
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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
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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.
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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 :
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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