RPVCCA_CC_SR_2013_06_04_D_Bulding_&_Safety_Consultant_Srvcs_Contracts_ExtCrTYOF
MEMORANDUM
TO:
FROM:
DATE:
HONORABLE MAYOR & CITY COUNCIL MEMBERS
JOEL ROJAS, DIRECTOR OF COMMUNITY~OPMENT
June 4, 2013
SUBJECT: EXTENSION OF CONTRACTS FOR AS NEEDED BUILDING & SAFETY
CONSULTANT SERVICES
REVIEWED: CAROLYN LEHR, CITY MANAGER cf}__
Prepared by: Paul Christman, CBO I MCP
RECOMMENDATION
1) Authorize the Mayor and City Clerk to execute an extension of the current
professional service agreement with Charles Abbott Associates, Inc. ("CAA")
to continue to provide building inspection and plan check services to the City
on an as-needed basis through June 30, 2015.
2) Authorize the Mayor and City Clerk to execute an extension of the current
professional service agreement with Scott Fazekas & Associates, Inc. ("SFA")
to continue to provide building inspection and plan check services to the City
on an as-needed basis through June 30, 2015.
BACKGROUND
On May 17, 2011, the City Council authorized staff to extend agreements with CAA &
SFA to provide back up building inspection and plan review personnel on an as-needed
basis. The current contracts with CAA & SFA that were entered into in 2011 are set to
expire on June 30, 2013. For reasons explained in this staff report, staff is
recommending that the CAA & SFA agreements be extended an additional two years to
June 30, 2015.
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DISCUSSION
Charles Abbott Associates (CAA) Contract
Staff has been pleased with the structural and drainage engineering plan review that
CAA has provided to the City in its limited role since 2007. CAA has provided competent
personnel, has made the necessary changes when requested, and has adjusted its
operations to meet the Department's plan check review turn around requirements. CAA
staff is effective and efficient because they are familiar with the unique requirements of
the peninsula, as they have a long history of providing services to the City. For these
reasons, staff is recommending that the current contract with CAA be extended for an
additional two years, with the following changes:
1) · Rates for services in 2013-15 include a $2.00 per hour increase for inspection
services, and a $6.00 per hour increase for plan review services compared
with current rates.
2) The term of the contract for Structural Engineering Plan Check and Drainage
Engineering services be extended for an additional two years from July 1,
2013 to June 30, 2015.
Scott Fazekas & Associates (SFA) Contract
Staff has been pleased with the plan check and back up inspection services that SFA
has provided to the City in its limited role since 2008. SFA has provided competent
personnel, has offered to continue the current hourly rates, and has made the
necessary changes when requested. For these reasons staff is recommending that the
current contract with SFA be extended for an additional two years to June 30, 2015. The
hourly rates will remain unchanged for the duration of the contract.
FISCAL IMPACT
There would be no fiscal impact as a result of extending the CAA and SFA contracts.
The costs of the services provided by CAA and SFA are covered by the City's FY 13-
14/14-15 budget.
ALTERNATIVES
In addition to Staff's recommendation, the following alternatives are available for
consideration by the City Council:
1. Authorize the Mayor and City Clerk to execute a contract for more or less than
the June 30, 2015 contract expiration date;
2. Direct Staff to make additional modifications to the proposed contract and bring
the revised contract back for further discussion at a future meeting; or
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3. Direct Staff to not enter into a contract with CAA and/or SFA, and issue an RFP
for on-call building & safety services.
ATTACHMENT:
Professional Services Agreement for CAA
Professional Services Agreement for SFA
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First Amendment to Agreement between
the City of Rancho Palos Verdes
and Charles Abbott Associates, Inc.
This agreement is an amendment ("Amendment") to the building and safety
consulting services agreement between the City of Rancho Palos Verdes ("City") and
Charles Abbott Associates, Inc. ("Consultant"), dated May 17, 2011 ("Agreement"). This
Amendment is effective as of July 1, 2013, and is being made to extend the term of the
Agreement for two years.
SECTION 1. Article Ill ("TERM") of the Agreement is hereby amended to read as
follows:
"This Agreement shall commence on July 1, 2011 and shall terminate on June 30,
2015, unless sooner terminated pursuant to Article X of this Agreement."
SECTION 2. Section A of Article IX ("INDEMNIFICATION AND INSURANCE") of
the Agreement is hereby amended to read as follows:
"A. Indemnification.
i. To the fullest extent permitted by law, Consultant shall indemnify and
hold the City, its officials, officers, employees, agents and independent
contractors serving in the role of City officials, and volunteers (collectively
"lndemnitees") free and harmless from all liability arising out of:
(a) Any and all claims, demands, causes of action, costs,
expenses, liabilities, losses, damages or injuries, in law or in equity, to
property or persons, including wrongful death (collectively "Claims")
under Workers' Compensation acts and other employee benefit acts
with respect to Consultant's employees or Consultant's
subconsultants' employees in any manner arising out of or incident to
Consultant's work under this Agreement; and
(b) Claims in any manner arising out of or incident to any
negligent, reckless or willful acts or omissions related to professional
services by or on behalf of Consultant, its officials, officers,
employees or agents, except for liability resulting from the sole
negligence or the willful misconduct of any of the lndemnitees; and
(c) Claims in any manner arising out of or incident to any acts or
omissions unrelated to professional services by or on behalf of
Consultant, its officials, officers, employees or agents, except for
liability resulting from the sole negligence or the willful misconduct of
any of the lndemnitees.
R6876-0001\1349509v1 .doc
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Section i shall include without limitation the payment of all consequential
damages, attorneys' fees, and other related costs and expenses.
Consultant's obligation to indemnify pursuant to this section shall not be
restricted to insurance proceeds, if any, received by Consultant or
lndemnitees.
ii. Regarding the defense of any claim within the purview of these
provisions, the City and Consultant shall each control its own defense. At
the time of Claim resolution, Consultant shall provide reimbursement for all
attorneys' fees and other related costs for every situation in which the
Consultant would have to indemnify lndemnitees including paying and
satisfying any judgment, award or decree that may be rendered against
lndemnitees. Consultant shall reimburse lndemnitees for any and all legal
expenses and costs incurred by each of them in connection therewith or in
enforcing the indemnity herein provided. Consultant's obligation to pay
defense costs pursuant to this section shall not be restricted to insurance
proceeds, if any, received by Consultant or lndemnitees.
iii. All duties of Consultant under this Section shall survive termination of
this Agreement."
SECTION 3. Subsection i of Section F ("Notice of Cancellation") of Article IX
("INDEMNIFICATION AND INSURANCE") of the Agreement is hereby amended to read as
follows:
"All insurance policies shall provide that the insurance coverage shall not be
cancelled or modified by the insurance carrier without thirty (30) days prior written notice to
City, or ten (10) days notice if cancellation is due to nonpayment of premium. Additionally,
Consultant shall provide immediate notice to the City if it receives a cancellation or policy
revision notice from the insurer. Consultant agrees that it will not cancel or reduce any
required insurance coverage."
SECTION 4. Section G of Article IX ("INDEMNIFICATION AND INSURANCE") of
the Agreement is hereby amended to read as follows:
"Entire Policy and Certificate of Insurance. At all times during the term of this
Agreement, Consultant shall maintain on file with the City Clerk both a copy of the entire
policy and a certificate of insurance showing that the aforesaid policies are in effect in the
required amounts. The commercial general liability policy shall contain endorsements
naming the City, its officers, agents and employees as additional insureds."
SECTION 5. Except as expressly amended by this amendment to the Agreement,
all of the other provisions of the Agreement shall remain in full force and effect as written in
the Agreement.
R6876-0001\1349509v1 .doc
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of
the date and year first above written.
Dated: __________ _
ATTEST:
By: ___________ _
City Clerk
R6876-0001\1349509v1 .doc
Charles Abbott Associates, Inc.
("Consultant")
By: ___________ _
Printed Name: ---------
Title: ------------
By: ___________ _
Printed Name: ---------
Title: ------------
The City of Rancho Palos Verdes
("City")
By: ___________ _
Mayor
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First Amendment to Agreement between
the City of Rancho Palos Verdes
and Scott Fazekas & Associates, Inc.
This agreement is an amendment ("Amendment") to the building and safety
consulting services agreement between the City of Rancho Palos Verdes ("City'') and Scott
Fazekas & Associates, Inc. ("Consultant"), dated May 17, 2011 ("Agreement"). This
Amendment is effective as of July 1, 2013, and is being made to extend the term of the
Agreement for two years.
SECTION 1. Article Ill ("TERM") of the Agreement is hereby amended to read as
follows:
"T.his Agreement shall commence on July 1, 2011 and shall terminate on June 30,
2015, unless sooner terminated pursuant to Article X of this Agreement."
SECTION 2. Section A of Article IX ("INDEMNIFICATION AND INSURANCE") of
the Agreement is hereby amended to read as follows:
"Indemnification. Consultant agrees, at its cost, to defend (with legal counsel of
Consultant's choice and as approved by the City, which approval may not be unreasonably
withheld), indemnify, and hold harmless the City, its officials, officers, employees, agents
and independent contractors serving in the role of City officials, and volunteers (collectively
"lndemnitees"), 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"), 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 the payment of all consequential damages,
attorneys' fees, and other related costs and expenses, except for such Claims arising out
of the sole or active negligence or willful misconduct of the lndemnitees. With respect to
any and all such Claims, Consultant shall defend lndemnitees at Consultant's own cost,
expense, and risk and shall pay and satisfy any judgment, award, or decree that may be
rendered against lndemnitees. Consultant shall also reimburse lndemnitees for any and all
legal expenses and costs incurred by each of them in connection therewith or in enforcing
the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted
to insurance proceeds, if any, received by Consultant or lndemnitees. All duties of
Consultant under this Section shall survive termination of this Agreement."
SECTION 3. Subsection i of Section F ("Notice of Cancellation") of Article IX
("INDEMNIFICATION AND INSURANCE") of the Agreement is hereby amended to read as
follows:
"All insurance policies shall provide that the insurance coverage shall not be
cancelled or modified by the insurance carrier without thirty (30) days prior written notice to
City, or ten (10) days notice if cancellation is due to nonpayment of premium. Additionally,
Consultant shall provide immediate notice to the City if it receives a cancellation or policy
R6876-0001\1548987v2.doc
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revision notice from the insurer. Consultant agrees that it will not cancel or reduce any
required insurance coverage."
SECTION 4. Section G of Article IX ("INDEMNIFICATION AND INSURANCE") of
the Agreement is hereby amended to read as follows:
"Entire Policy and Certificate of Insurance. At all times during the term of this
Agreement, Consultant shall maintain on file with the City Clerk both a copy of the entire
policy and a certificate of insurance showing that the aforesaid policies are in effect in the
required amounts. The commercial general liability policy shall contain endorsements
naming the City, its officers, agents and employees as additional insureds."
SECTION 5. Except as expressly amended by this amendment to the Agreement,
all of the other provisions of the Agreement shall remain in full force and effect as written in
the Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of
the date and year first above written.
ATTEST:
By: ____________ ~
City Clerk
R6876-0001\ 1548987v2.doc
Scott Fazekas & Associates, Inc.
("Consultant")
Printed Name: ---------
Title: ------------
Printed Name: ---------
Title: ------------
The City of Rancho Palos Verdes
("City")
By: ____________ ~
Mayor
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