HomeMy WebLinkAboutContract 1066 PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF CATHEDRAL CITY
AND
SCOTT FAZEKAS & ASSOCIATES, INC.
This Pr fessi,4nal Services Agreement ("Agreement") is made and entered into this
day of b , 2002 ("Effective Date"), by and between the City of
dathedral City, a mun'cipal corporation located in the County of Riverside, State of
California, hereinafter referred to as the "City", and Scott Fazekas & Associates, Inc., a
California corporation, hereinafter referred to as "Consultant".
RECITALS:
WHEREAS, the City provides in-house plans examination services on most
residential projects but retains a company or companies, on an independent contractor
basis, to provide plans examination services on commercial and industrial projects and
some residential projects; and
WHEREAS, the City retains, on an "as needed"basis, additional building inspectors
to provide, on an independent contractor basis, building inspection services required as a
result of increased construction activity within the City; and
WHEREAS, the City desires to contract with a qualified company to provide services
to the City, on an independent contractor basis, in connection with plans examinations on
commercial and industrial projects and some residential projects, building inspections and
other related services; and
WHEREAS, in an effort to locate a qualified company to perform plans
examinations, building inspections and other related services, the City solicited proposals
from companies known to the City that perform such services; and
WHEREAS, four (4) companies responded to the City's request and submitted
proposals which were thereafter reviewed by a panel of City staff, including the Chief
Building Official of the City,for proficiency and experience in plans examinations, structural
engineering, architecture and other disciplines; and
WHEREAS, Consultant represents that it has the professional qualifications to
provide such professional and technical services sought by the City; and
WHEREAS, the City staff recommends Consultant to provide plans examinations
on commercial and industrial projects and some residential projects, building inspections
Scott Fazekas&Associates, Inc. Professional Services Agreement Pci,e I
and other related services to the City based in part on the following items of consideration:
(1) Consultant's level of knowledge and experience with plans examination and inspection
services involving structural engineering and architectural matters; (2) Scott Fazekas,
Consultant's principal representative, will be directly assigned to the City to perform or to
cause the performance of said services; and (3) Consultant offers an outstanding level of
education, certification, credentials, municipal experience, and respect in the building
development field; and
WHEREAS, in light of the facts set forth above, the City desires to retain Consultant
to provide, on an independent contractor basis, plans examinations on commercial and
industrial projects and some residential projects, building inspections and other related
services as assigned by the Chief Building Official of the City in order to assist the City's
Building Division in performing/conducting plans examinations, building inspections and
other related services, as more particularly described in the Scope of Services attached
hereto as Exhibit "A".
Now therefore, in consideration of the covenants, conditions and promises
contained herein, the parties agree as follows:
Section 1. SCOPE OF SERVICES
Consultant shall provide to the City those services as set forth in the "Scope of
Services", attached hereto as Exhibit "A", and incorporated herein by this reference.
Consultant shall perform said services in a manner satisfactory to the City and consistent
with that level of care and skill ordinarily exercised by members of the profession currently
practicing in the same locality under similar conditions.
Section 2. COMPENSATION AND PAYMENT
The City agrees to pay Consultant for and in consideration of the faithful
performance of the consulting services and duties set forth in this Agreement, and
Consultant agrees to accept from the City, as and for compensation for the faithful
performance of said services and duties, the amount of fees and list of authorized
expenses as calculated and set forth in the"Fee Schedule", attached hereto as Exhibit"B",
and incorporated herein by this reference. However, Consultant hereby acknowledges and
agrees that the amount of plan check fees currently approved by the City and listed in
Attachment "1" attached to Exhibit"B" may be amended from time to time by the City in its
sole discretion and that Consultant's fees based on a percentage of the City's plan check
fees shall be calculated on the amount of plan check fees as may be amended from time
to time by the City.
Consultant shall invoice the City on a monthly basis for the time expended and
reimbursable expenses incurred in performance of the services under this Agreement.
Each such monthly invoice of the Consultant shall set forth a detailed narrative description
of the services performed (including, without limitation, the specific tasks within the scope
Scott Fazekas&Associates, Inc. Professional Services Agreement Page 2
of services that the work performed relates to), the names of the individual personnel who
performed the services, the amount of time expended for such services, the hourly rates
for such services, the specific date (day, month and year) the services were performed,
and the amount and nature of the expenses incurred by the Consultant tasks. The invoice
of the Consultant shall be accompanied by copies of all third party invoices of expenses
for which Consultant is seeking reimbursement.
Consultant shall be paid the amounts specified in each monthly invoice within thirty
(30) calendar days of receipt by the Chief Building Official of the City, provided that the
services reflected in the invoice were performed to the reasonable satisfaction of the City
in accordance with the terms of this Agreement, provided further that the number of hours
of service set forth in the invoice reflect the amount of time ordinarily expended for such
service by members of the profession currently practicing in the same locality under similar
conditions, and provided further that all expenses, rates and other information set forth in
the invoice are consistent with the terms and conditions of this Agreement.
The Consultant shall submit invoices under this Agreement to:
Billy Johnson
Chief Building Official
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, California 92234
Telephone: (760) 770-0347
Facsimile: (760) 202-1460
Section 3. PERFORMANCE SCHEDULE
Consultant shall perform those services set forth in the Scope of Services upon the
written request of the Chief Building Official of the City or his/her designee.
Section 4. TERM
This Agreement shall commence upon receipt by Consultant of the notice to
proceed and shall terminate at midnight on July 31, 2003, unless otherwise terminated
pursuant to Section 16 of this Agreement.
Section 5. CHANGES IN SCOPE OF SERVICES
The City shall have the right to order, in writing, changes in the Scope of Services
to be performed. Any changes in the Scope of Services requested by Consultant must be
made in writing and approved by both parties. Where changes in the Scope of Services
to be performed result in an increase in consulting fees, the amount of such increase shall
be agreed upon by the City and Consultant, in writing, prior to the commencement of any
such services.
Scott Fazekas&Associates, Inc. Professional Services Agreement Page 3
Section 6. INDEPENDENT CONTRACTOR'S STATUS: NOT AGENT OF
CITY
Consultant shall at all times during the term of this Agreement remain, as to the City,
a wholly independent contractor and shall perform the services described in this
Agreement as an independent contractor. Neither the 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 in this Agreement. Nothing contained in this Agreement shall be deemed,
construed or represented by the City or Consultant or by any third person to create the
relationship of principal and agent and Consultant shall not, at any time, or in any manner,
represent that it or any of its agents or employees are in any manner employees of the
City. Consultant shall have no authority, expressed or implied, to act on behalf of the City
in any capacity whatsoever as an agent, nor shall Consultant have any authority,
expressed or implied, to bind the City to any obligation whatsoever, except as herein set
forth in this Agreement.
Section 7. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR'S STATUS OF
CONSULTANT
a. Consultant represents and acknowledges the following:
(1) The City is not required to provide any training or legal counsel to
Consultant or its employees in order for Consultant to perform the services described in
this Agreement.
(2) With the exception of building inspection services performed pursuant
to this Agreement, performance of the services described in this Agreement do not have
to be integrated into the daily business operations of the City.
(3) The services described in this Agreement can be performed without
the use of City equipment, materials, tools or facilities.
(4) Nothing in this Agreement shall be interpreted to imply that the City
must maintain any contractual relationship with Consultant on a continuing basis after
termination of this Agreement.
(5) The City will not be requested or demanded to assume any liability for
the direct payment of any salary, wage or other such compensation to any person
employed by Consultant to perform the services described in this Agreement.
(6) Consultant and its principals, officers, employees or agents shall not
at any time or in any manner represent that Consultant or any of its principals, officers,
employees, or agents are "employees" of the City.
Scott Fazekas&Associates, Inc. Professional Services Agreement Page 4
b. The City represents and acknowledges the following:
(1) With the exception of building inspection services performed pursuant
to this Agreement, Consultant is not required to comply with daily instructions from City
staff with respect to when, where or how Consultant must perform the services set forth in
this Agreement.
(2) While reserving final approval of building inspectors with the Chief
Building Official of the City, Consultant is solely responsible for determining who, under the
supervision or direction of Consultant, will perform the services set forth in this Agreement.
(3) The City will not hire or pay any assistants working for Consultant
pursuant to this Agreement.
(4) Nothing in this Agreement shall be interpreted to imply that Consultant
must maintain any contractual relationship with the City on a continuing basis after
termination of this Agreement.
(5) It is the sole responsibility of Consultant to set the hours in which
Consultant performs or plans to perform the services set forth in this Agreement, except
for the work schedules of building inspectors which will be determined by the Chief Building
Official of the City.
(6) Consultant is not required to devote full time to the business
operations of the City in order to perform the services set forth in this Agreement.
(7) Unless deemed necessary under certain circumstances or required
by law, Consultant is not required to perform the services set forth in this Agreement at City
Hall or on City-owned property.
(8) Nothing in this Agreement shall be interpreted to preclude Consultant
from working for other persons or firms, provided that such work does not create a conflict
of interest.
Section 8. QUALIFICATIONS
Consultant represents that it has obtained and will maintain at all times during the
term of this Agreement all professional and/or business licenses, certifications and/or
permits necessary for performing the services described in this Agreement.
Section 9. WARRANTY
Consultant warrants that all services will be performed in a competent, professional
and satisfactory manner in accordance with the standards prevalent in the industry for such
services.
Scott Fazekas&Associates, Inc. Professional Services Agreement Page 5
Section 10. FAMILIARITY WITH WORK
a. By executing this Agreement, Consultant warrants that: (1) it has thoroughly
investigated and considered the work to be performed, (2) it has investigated the issues,
regarding the scope of services to be provided, (3) it has carefully considered how the work
should be performed, and (4) it fully understands the facilities, difficulties and restrictions
attending performance of the work under this Agreement.
b. Should Consultant discover any latent or unknown conditions materially
differing from those inherent in the work or as represented by the City, it shall immediately
inform the City of such fact and shall not proceed except at Consultant's risk until written
instructions are received from the City Manager, Deputy City Manager or Chief Building
Official of the City.
Section 11. CONFLICTS OF INTEREST
Consultant covenants that neither it nor any officer or employee of Consultant has
any interest, nor shall they acquire an interest, directly or indirectly, which would conflict
in any manner with the performance of Consultant's services under this Agreement.
In the event the City officially determines that any officer, principal or employee of
Consultant must disclose his/her financial interests by completing and filing a Fair Political
Practices Commission Form 700, "Statement of Economic Interests", Consultant shall file
the subject Form 700 with the City Clerk's Office pursuant to the written instructions
provided by the Office of the City Clerk.
Section 12. COMPLIANCE WITH LAWS
Consultant shall comply with all local, state and federal laws and regulations
applicable to the services required hereunder.
Section 13. NONDISCRIMINATION
a. Consultant shall comply with the City's employment related nondiscrimination
policies as set forth in the Cathedral City Municipal Code, as it may be amended from time
to time.
b. Consultant acknowledges that the City's employment related
nondiscrimination policies prohibit discrimination on the basis of an individual's sex, marital
status, race, color, religion, ancestry, national origin, physical handicap, sexual orientation,
and domestic partnership status.
Scott Fazekas&Associates, Inc. Professional Services Agreement Page 6
Section 14. COMPREHENSIVE GENERAL AND AUTOMOBILE
LIABILITY INSURANCE
Consultant shall procure and maintain at its own expense, during the term of this
Agreement, comprehensive general liability insurance of not less than One Million Dollars
($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000)
in the aggregate, for personal injury, death, loss or damage resulting from the wrongful or
negligent acts by Consultant. Consultant shall further procure and maintain at its own
expense, during the term of this Agreement, commercial vehicle liability insurance covering
personal injury and property damage, of not less than One Million Dollars ($1,000,000)
combined single limit per occurrence, covering any vehicle utilized by Consultant in
performing the services required by this Agreement.
Section 15. WORKERS' COMPENSATION INSURANCE
a. Consultant shall procure and maintain at its own expense, during the term
of this Agreement, workers' compensation insurance, providing coverage as required by
the California State Workers' Compensation Law.
b. If any class of employees employed by Consultant pursuant to this
Agreement is not protected by the California State Workers' Compensation Law,
Consultant shall provide adequate insurance for the protection of such employees to the
satisfaction of the City.
Section 16. ERRORS AND OMISSIONS
Consultant shall procure and maintain through the entire term of this Agreement
errors and omissions and professional liability insurance in an amount acceptable to the
City.
Section 17. ADDITIONAL NAMED INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any
subsequent endorsements attached thereto, the protection offered by all policies, except
for Workers' Compensation and Errors and Omissions, shall bear an endorsement
whereby it is provided that the City and its officials, officers, employees, servants,
volunteers and agents and independent contractors, including without limitation, the City
Manager, Deputy City Manager, Administrative Services Director, Chief Building Official,
City Engineer, City Planner, Police Chief and City Attorney, are named as additional
insureds.
Section 18. WAIVER OF SUBROGATION RIGHTS
Consultant shall require the carriers of all required insurance policies, except for
Errors and Omissions, to waive all rights of subrogation against the City and its officials,
Scott Fazekas&Associates, Inc. Professional Services Agreement Page 7
officers, volunteers, employees, agents, contractors and subcontractors.
Section 19. PROOF OF INSURANCE COVERAGE
a. Consultant shall secure from a good and responsible company or companies
authorized to do insurance business in the State of California the policies of insurance
required by this Agreement and furnish to the City Clerk of the City certificates of said
insurance, in a form satisfactory to the City, on or before the commencement of the term
of this Agreement.
b. The certificates of insurance shall bear an endorsement whereby it is
provided that, in the event of cancellation or amendment of any required insurance policy
for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than
thirty (30) business days before the cancellation or amendment is effective.
c. The certificates of insurance shall bear an endorsement whereby it is
provided that the respective insurance policy shall not be terminated or expire without first
providing thirty (30) business days' written notice to the City of such termination or
expiration.
d. The certificates of insurance shall indicate that the respective insurance
policy will be maintained throughout the term of this Agreement.
e. Within thirty (30) calendar days of the execution of this Agreement,
Consultant shall furnish certified copies of all required insurance policies and
endorsements.
Section 20. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by the City
at any time provided that the City provides Consultant at least ten (10) business days'
written notice of such termination or suspension.
b. This Agreement may be terminated or suspended with cause by the City at
any time provided that the City provides at least three (3) business days' written notice of
such termination or suspension.
c. This Agreement may be terminated by Consultant with cause at any time
provided that Consultant provides the City at least thirty (30) business days' written notice
of such termination.
d. In the event of termination or cancellation of this Agreement by the City, due
to no fault or failure of performance by Consultant, Consultant shall be paid full
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
Scott Fazekas&Associates, Inc. Professional Services Agreement Page 8
Agreement, Consultant shall be paid based upon the hourly and calculated rates and list
of authorized expenses set forth in Exhibit B for those services performed and expenses
incurred prior to the effective date of termination or cancellation.
Section 21. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 22. INDEMNIFICATION
a. Consultant shall defend, indemnify and hold harmless the City, City Council
and each member thereof, and every officer, employee and agent of the City, from any
claim, demand, damage, liability, loss, cost or expense (including, without limitation,
attorneys fees and costs) arising from any intentional, reckless, negligent, or otherwise
wrongful acts, errors or omissions of Consultant or, its officers, employees, independent
contractors or agents in the performance of this Agreement.
b. The City does not, and shall not, waive any rights that it may have against
Consultant under this Section because of the acceptance by the City, or the deposit with
the City, of any insurance policy or certificate required pursuant to this Agreement. The
hold harmless, indemnification and duty to defend provisions of this Section shall apply
regardless of whether or not said insurance policies are determined to be applicable to the
claim, demand, damage, liability, loss, cost or expense described herein.
c. Notwithstanding the provisions of subsections a. and b. of this Section,
Consultant shall not be responsible for damages or be in default or deemed to be in default
by reason of delay caused by strikes, lockouts, accidents, or acts of God, or the failure of
City to furnish timely information or to approve or disapprove Consultant's work promptly,
or by reason of delay or faulty performance by the City, construction contractors, or
governmental agencies, or by reason of any other delays beyond Consultant's control, or
for which Consultant is without fault.
Section 23. REPORTS
Consultant shall prepare and submit to the Chief Building Official of the City such
reports concerning Consultant's performance of the services required by this Agreement
as the City Manager, Deputy City Manager or Chief Building Official may require. Such
reports may include, but shall not be limited to, daily reports reflecting the number of hours
expended and the amount of any authorized expenses incurred on a particular project or
set of projects.
Section 24. RECORDS
a. Consultant shall keep such books and records as shall be necessary to
perform the services required by this Agreement and to enable the Chief Building Official
Scott Fazekas &Associates, Inc. Professional Services Agreement Page 9
of the City to evaluate the cost and the performance of such services.
b. Books and records pertaining to costs shall be kept and prepared in
accordance with generally accepted accounting principles.
c. The Chief Building Official of the City or his/her designee shall have full and
free access to such books and records at all reasonable times, including the right to
inspect, copy, audit, and make records and transcripts from such records.
Section 25. OWNERSHIP OF DOCUMENTS
a. Upon completion of any document or report required to be provided by
Consultant in the course of performing any of the services described in this Agreement, or
upon earlier termination of this Agreement, all completed original documents and/or reports
and any designs, drawings, calculations, diskettes, computer files, notes, and other related
materials prepared or produced in connection with such documents or reports shall
become the sole property of the City and may be used and/or reused on any other project
by the City without the permission of Consultant.
b. All computer files produced in connection with the services described in this
Agreement shall be provided to the City in a form and format that is compatible with the
City's existing computer equipment and software.
Section 26. CONFIDENTIALITY
a. Any and all documents and information obtained from the City or prepared
by Consultant for the City shall be kept strictly confidential.
b. The drawings, specifications, reports, records, documents and other
materials prepared by Consultant in the performance of services under this Agreement
shall not be released publicly without the prior written approval of the City Manager, Deputy
City Manager, Chief Building Official of the City or as required by law.
c. Consultant shall not disclose to any other entity or person any information
regarding the activities of the City, except as required by law or as authorized by the City.
Section 27. PRINCIPAL REPRESENTATIVES
a. Scott Fazekas is designated as the principal representative of Consultant
responsible for undertaking, managing and supervising the performance of all of the
services set forth in the Scope of Services attached as Exhibit A hereto. Unless otherwise
authorized by City in writing, Scott Fazekas shall perform all such services, including,
without limitation, attending all meetings and public hearings required under the Scope of
Services.
Scott Fazekas&Associates, Inc. Professional Services Agreement Page 10
Consultant hereby commits Scott Fazekas to the performance of the Scope of
Services, until completion thereof or termination of this Agreement, as provided herein.
The experience, knowledge, capability and reputation of Scott Fazekas were all substantial
inducements for the City to enter into this Agreement, and as such, for the purposes of
performing the Scope of Services of this Agreement, the duties of Scott Fazekas shall not
be reassigned, without the express written consent of both parties.
b. Scott Fazekas shall be the principal representative of the City for purposes
of communicating with Consultant on any matter associated with the performance of the
services set forth in this Agreement.
Section 28. DUTY OF THE CITY
The City will provide office space for Consultant's use at City Hall, only if such space
is deemed available by the Chief Building Official of the City.
Section 29. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed
by both parties.
Section 30. ENTIRE AGREEMENT
a. This Agreement supersedes any and all other agreements, either oral or
written, between the City and Consultant with respect to the subject matter of this
Agreement.
b. This Agreement contains all of the covenants and agreements between the
parties with respect to the subject matter of this Agreement, and each party to this
Agreement acknowledges that no representations, inducements, promises, or agreements
have been made by or on behalf of any party except those covenants and agreements
embodied in this Agreement.
c. No agreement, statement, or promise not contained in this Agreement shall
be valid or binding.
Section 31. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and
all such notices shall be delivered by personal service or by deposit in the United States
mail, certified or registered, return receipt requested, with postage prepaid, and addressed
to the parties as follows:
Scott Fazekas&Associates, Inc. Professional Services Agreement Page 11
To the City: Billy Johnson
Chief Building Official
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, California 92234
Telephone: (760) 770-0347
Facsimile: (760) 202-1460
To Consultant: Scott Fazekas
President
Scott Fazekas & Associates, Inc.
9 Corporate Park, Suite 200
Irvine, California 92606-5173
Telephone:6 4-75.z`?O/
Facsimile: ((4-`7 +75--..lcy,
b. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the second (2nd) day after deposit in the United States
mail.
Section 32. NON-LIABILITY OF CITY OFFICERS, OFFICIALS, AGENTS
AND EMPLOYEES
No officer, official, agent or employee of the City shall be personally liable to
Consultant, or any successor in interest, in the event of any default or breach by the City
or for any amount which may become due to Consultant or to its successor, or for any
breach of any obligation of the terms of this Agreement.
Section 33. INTERPRETATION
This Agreement shall not be interpreted against either party on the grounds that one
of the parties was solely responsible for preparing it or caused it to be prepared as both
parties were involved in drafting it.
Section 34. WAIVER
a. No waiver shall be binding, unless executed in writing by the party making the
waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver
constitute a continuing or subsequent waiver of the same provision.
c. Failure of either party to enforce any provision of this Agreement shall not
constitute a waiver of the right to compel enforcement of the remaining provisions of this
Scott Fazekas&Associates, Inc. Professional Services Agreement Page 12
Agreement.
Section 35. ASSIGNMENT
a. The experience, knowledge, capability and reputation of Consultant, its
principals and employees were a substantial inducement for the City to enter into this
Agreement.
b. This Agreement shall not be assigned by either party without prior written
consent of the other party.
Section 36. PROTECTION AND CORRECTION OF WORK
a. Consultant shall adopt reasonable methods during the life of the Agreement
to furnish continuous protection to the work performed by Consultant, and the equipment,
materials, papers and other components thereof to prevent losses or damages.
b. The performance of services by Consultant shall not relieve Consultant from
any obligation to correct any incomplete, inaccurate or defective work at no further cost to
the City, when such inaccuracies are due to the fault of Consultant.
Section 37. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for
identification purposes only and shall not be interpreted to limit or define the content of the
provisions described under the respective caption or heading.
Section 38. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs or sections contained
herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the
same shall be deemed severable from the remainder of this Agreement and shall not
affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections
contained herein.
Section 39. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the
rights and duties of the parties under this Agreement, shall be construed pursuant to and
in accordance with California law.
Section 40. RIGHTS AND REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by
Scott Fazekas&Associates, Inc. Professional Services Agreement Page 13
either party of one or more of such rights or remedies shall not preclude the exercise by
it, at the same or different times, of any other rights or remedies for the same default or any
other default by the other party.
Section 41. VENUE
All proceedings involving disputes over the terms, provisions, covenants or
conditions contained in this Agreement and all proceedings involving any enforcement
action related to this Agreement shall be initiated and conducted in the applicable court or
forum in Riverside County, California.
Section 42. ATTORNEY'S FEES
In the event any action, suit or proceeding is brought for the enforcement of, or the
declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party in such suit or
proceeding shall be entitled to recover its costs and expenses, including reasonable
attorney's fees, from the losing party, and any judgment or decree rendered in such a
proceeding shall include an award thereof.
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Scott Fazekas &Associates, Inc. Professional Services Agreement Page I-I
Section 43. AUTHORITY
The persons executing this Agreement on behalf of the parties hereto warrant that
they are duly authorized to execute this Agreement on behalf of said parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the date first written above.
City of Cathedral City Scott Fazekas & Associates, Inc.
C.
4
By: By:
/40W 0. V
Donald E. Bradley, C.; Manager Scott Fazeka; resident
APPROVED AS TO CONTENT:
By: Bilejelv•AW
son, Chief BuildingOfficial
Y
ATTEST:
By: � - V
lens Keeran, Deputy City Clerk
APPROVED AS TO FORM:
By: C
_ Steven B. Quintanilla,
City Attorney
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Scott Fazekas&Associates, Inc. Professional Services Agreement Page 15
EXHIBIT "A"
SCOPE OF SERVICES
Scope of Services
PROJECT MANAGER-LIAISON
Consultant designates Scott Fazekas, President of Consultant, as the Project
Manager who will oversee the proper function of the building plan review and examination
process and will also be personally involved in performing said services. Mr. Fazekas will
serve as an extension of the City staff, as an independent contractor, fully capable of
providing the necessary services described in this Scope of Services and as determined
by the City.
The Project Manager will be responsible for the quality of all services provided by
Consultant's staff, employees, agents and contractors and will be capable of dealing
effectively with a diversity of personalities and the many different levels of administrative,
technical, professional and construction personnel categories that are involved in building
code enforcement.
Consultant will also maintain continual documentation and updated information on
the status of all plans being processed. Inquiries regarding the status of plans which have
been forwarded to Consultant for review can be directed to Consultant to avoid
unnecessary research and phone time by City staff.
Consultant will provide general information and departmental assistance, in addition
to providing plan review and examination services.
BUILDING PLAN REVIEW AND EXAMINATIONS
Building Codes:
Consultant will perform plan review and examinations of industrial and commercial
buildings and some residential structures for compliance with all local and state laws, rules
and regulations that pertain to local enforcement of building and safety, and for compliance
with the adopted Building Code, Plumbing Code, Mechanical Code and National Electrical
Code. Consultant shall review plans for all or part of the full scope of plan reviews
depending on the needs of the City and as authorized in writing by the Chief Building
Official of the City.
Noise Regulations:
Consultant will review and examine plans to confirm that interior(and exterior, when
so directed by the Chief Building Official of the City or his/her designee) noise intrusion is
properly addressed by the designer and that the necessary assemblies provide the
required degree of sound attenuation in accordance with local and state law. If exterior
sound attenuation is a concern of a City officer, employee or agent, Consultant will review
the plans for compliance when directed by the Chief Building Official of the City or his/her
designee. If noise contour maps are provided, Consultant will determine whether the
buildings are subject to such regulations.
Federal Flood Plain Regulations:
When applicable, projects will be checked and addressed in terms of Federal Flood
Plain regulations during the plan review and examination stage. Consultant shall notice
the developer immediately if a project is subject to said regulations in order to allow for
advance planning.
Soils Engineering:
Consultant will respond to the critical nature of proper building pad and site design
as they apply to proposed structures by anticipating potential problems and addressing
said problems at the plan review and examination stage. Consultant will review soils
reports and verify implementation of their design recommendations and parameters into
the structural design of the building as part of the building plan reviews and examinations.
BUILDING INSPECTION:
Inspection:
All phases of construction are intended to be addressed by Consultant during the
performance of its services under this Agreement. Said phases include, but are not limited
to, structural, fire and life safety, energy, handicap, plumbing, mechanical and electrical.
Inspectors are selected based on mutual agreement by the City and Consultant. The
availability of building inspectors is dependent on resources available in the industry at the
time needs are anticipated by the City.
State Handicap Regulations (D.S.A.):
Consultant will provide comprehensive administration of the handicap regulations
which the Division of the State Architect mandates local jurisdictions to enforce through the
Building Department.
State Handicap Regulations (H.C.D.):
Consultant will administer handicap regulations which local jurisdictions are
mandated to enforce by the State Department of Housing and Community Development.
These standards pursue a different approach than the D.S.A. regulations in that they apply
to multi-family residential.
Federal Handicap Regulations:
Consultant will take into consideration the Federal Fair Housing Act (F.H.A.)
affecting projects under design, particularly in light of the State's H.C.D. regulations.
Consultant will provide advice on the Federal Americans with Disabilities Act (ADA)
and the ensuring ADAAG (Americans with Disabilities Act Accessible Guidelines), both of
which have had a great affect on the State's D.S.A. regulations.
State Energy Regulations:
Consultant will provide energy calculation review in accordance with the energy law
requirements. Consultant will incorporate the proper documents in the plans for use by
both the inspector and the builder thereby facilitating improved field relations and quality
of the end product. Consultant will attend energy seminars to obtain updated information
and training in the energy regulations and the use of related forms, at not cost to the City.
Consultant's inspectors will perform field inspection of permitted structures under
construction for compliance with all local, state and federal laws, rules and regulations that
pertain to building and safety, and for compliance with the adopted Building Code,
Plumbing Code, Mechanical Code and National Electrical Code.
Special Inspection Administration:
For specified jobs, during plan check, Consultant will advise the Chief Building
Official that inspection by a special inspector may be required in addition to the inspection
by the City staff or by Consultant.
Record Keeping:
Consultant will maintain run sheets which are turned in daily, with notations on the
permits clearly designating approval or describing what corrections need to be made and
correction notices on the jobs referencing code sections to identify violations.
Document Review:
Inspectors are responsible for collecting all documentation in the field. Some of the
records that will be collected and filed by Consultant are as follows:
• Soils engineer's certification of design parameters prior to concrete placement.
• Special inspector reports as required by the 1997 Uniform Building Code and as
specified by the design engineer. These reports are not only collected, but checked
for adherence to the engineer's recommendations.
• Fire Department and Planning Department approval when appropriate prior to final.
• Hazmat program director's confirmation of filing prior to certificate of occupancy, if
applicable.
Additional Services:
Consultant will provide clerical, administrative and inspection support services as
requested by the City.
EXHIBIT "B"
FEE SCHEDULE
Fee Schedule
I. The City agrees to pay Consultant for its performance of the services described in
the Scope of Services based on fees calculated as follows:
(a) Plans Examination Services:
(1) Consultant shall receive Seventy Five Percent(75%)of the plan check
fees established and approved by the City and as currently listed in Attachment "1",
attached hereto and incorporated herein as though fully set forth herein, with a minimum
fee of One Hundred Fifty Dollars ($150) per project for small projects. A small project, as
this term is used herein, shall be defined and determined by the Chief Building Official of
the City in accordance with the customary practice of the City.
(2) Consultant shall receive Fifteen Percent (15%) of the plan check fees
established and approved by the City when Consultant is reviewing duplicate of identical
plans on a project after the initial model is examined at the prescribed plan check fee rate.
(3) Consultant shall not charge for a re-check of plans unless such plans
are incomplete or revised to the extent that the City requires additional fees to be collected
from the Applicant.
(4) Consultant shall receive an hourly rate as mutually agreed upon in
writing by and between the City and Consultant but in no event greater than Seventy Five
Dollars ($75.00) per hour for services that are considered additional and not within the
customary scope of review for plans. The amount of said hourly rate is dependent on the
salary rate of Consultant's employee performing the additional services.
(5) Payment for all plans examinations and other services performed
pursuant to this Agreement is subject to the approval of the Chief Building Official of the
City.
(6) Consultant hereby acknowledges and agrees that the amount of plan
check fees currently approved by the City and listed in Attachment "1" may be amended
from time to time by the City in its sole discretion and that Consultant's fees based on a
percentage of the City's plan check fees shall be calculated on the amount of plan check
fees as may be amended from time to time by the City.
(b) Building Inspection Services:
(1) Consultant shall receive an hourly rate as mutually agreed upon in
writing by and between the City and Consultant but in no event greater than Sixty Dollars
($60.00) per hour for building inspection services. The amount of said hourly rate is
dependent on the qualifications of Consultant's employee performing the building
inspection services.
I I. The City agrees to reimburse Consultant for the following costs only that are related
to Consultant's performance of the services described in the Scope of Services:
(a) Expenses directly incurred by Consultant for blueprinting, reproduction and
printing. Said expenses will be invoiced to the City at cost plus an administration fee equal
to Fifteen Percent (15%) of the cost.
(b) Mileage incurred by Consultant for the performance of the services described
in the Scope of Services at $0.36 per mile.
07-16-2002 13: 25:49 Brandy Proppe Page 001
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San Diego CA 92121 INSURERS AFFORDING COVERAGE
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CERTIFICATE HOLDER F N ADDITIONA(.INSURED;INSURER LSTTER CANCELLATION
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ACORD 75.8(N97) ,+TACORD CORPORATION 1888
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San Diego CA 92121
Phone; 060-481-0492 INSURERS AFFORDING COVERAGE
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CERTIFICATE HOLDER N ADLITIONAI.INSURED;INSPIRER LE",TER CANCELLATION
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At to! Billy Johnson NCTICC TO T'HL CCsrIrICATL NOLOFirt NAMED rC 111E LEPt,BLT I'AILLRC 10 DO bO a',AL.
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Cathedral City CA 92234 _ REPREBF,'NTATIVEB.
ACORD 75-8(1/97) ACORD CORPORATION 1988
CITY OF CATHEDRAL CITY
AGENDA REPORT
SUBJECT: THAT THE CITY COUNCIL APPROVE AN AGREEMENT WITH
SCOTT FAZEKAS & ASSOCIATES, INC. (SFA) FOR PLANS
EXAMINATION AND BUILDING INSPECTION SERVICES
DEPARTMENT: Administration MEETING DATE: July 31, 2002
CONTACT: Julie Baumer DEADLINE FOR ACTION: N/A
Deputy City Manager
/'
APPROVED: Julie Baumer Donald E. Bradley.„ 0 k dudley B. Haines
PCity 9
Department Manager Finance
RECOMMENDATION:
That the City Council approve an agreement with Scott Fazekas &Associates, Inc. (SFA)
for plans examination and building inspection services.
BACKGROUND:
The building division provides in-house plans examination services on residential projects,
but contracts out plans examination services for commercial and industrial buildings.
Builders pay for the services.
Also, from time to time, extra building inspectors are needed under contract to keep up with
peaks in construction activity. In the past, the city has primarily used JAS Pacific for
contract plans examination and inspection.
In order to thoroughly evaluate what resources are available in the industry, the building
division distributed an RFP to known firms that perform such services. Four proposals
were received, from JAS, Willdan Associates, CSG and Fazekas&Associates. They were
reviewed by staff to determine respondents' ability to perform the required services.
Based on structural engineering, architectural and inspection services available, principles
and staff assigned to Cathedral City projects, cost, leadership in the building industry, level
of education, certification, credentials and municipal experience, Scott Fazekas &
Associates is recommended.
Regulations affecting the design and construction of buildings has become increasingly
complex with new legislation, multiple disabled access regulations and new energy
requirements.
Page 1
Principal Scott Fazekas is a registered architect and a certified building official. He has
served on committees of and lectured at seminars for the two primary organizations that
represent building safety professionals, ICBO and Calbo, as well as serving on the
American Institute of Architects National Building Performance and Regulations
Committee. He would be the city's liaison with the firm.
The supervising plan check engineer, Ted Beckwith, S.E., stays abreast of current
structural design practices through the Structural Engineering Association Operating
Committee (SEAOC). Another SFA structural engineer,Vic Penera,was recently chairman
of the IBC Structural Code Development Committee and helped draft the new 2000 IBC
structural provisions.
SFA would offer timely turn around on plan check (10 days on initial check, five days on
recheck), customer questionnaires to determine service satisfaction levels, competitive
fees, extensive municipal experience, strong internal organizational systems and policies
to facilitate timely services, structural engineering and architectural expertise in plan review
and direct liaison with the firm's principal.
The company was founded in 1996 in Irvine and now has 24 employees. It provides
various services to Corona, Huntington Beach, Costa Mesa, Ontario, Pasadena,Anaheim,
Arcadia, Lake Elsinore, Murrieta and other cities. Satisfaction with the firm's work at these
cities was verified.
FISCAL IMPACT:
Using the city's fee schedule, SFA would charge 75 per cent of the established plan check
fee charged on large multi-unit residential, commercial and industrial projects. A minimum
fee of$150 per project would be charged for plan check on small commercial and industrial
projects. SFA would collect no percentage of the building permit fee. Out of the four
respondents to the RFP, SFA best met the plan check qualifications, along with being the
second lowest bidder.
Inspection services would be provided at an hourly rate of $35 to $60, depending on the
individual qualifications of each inspector.
The net percentage of money generated for the city to provide building services to the
trade will remain the same.
ATTACHMENTS:
10 Professional Services Agreement between City of Cathedral City and Scott Fazekas
& Associates.
(TLM)JULIE BAUMER/AGENDA REPORTS/SCOTT FAZEKAS AND ASSOC 07 31 02
Page 2