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HomeMy WebLinkAboutNB 4 BLDG PLAN CK SVCS 07-19-82DATE: July 13, 1982 NEW BUSINESS NO. 4 7-19-82 nter - C om ' TO: FROH: SUBJECT: Bill Huston, City Manager Mike Brotemarkle, Community Development Director Professional Services Agreement With Melad & Associates For Building Plan Check Services With the start of the new fiscal year, it is appropriate that the Council take action to affirm the ongoing relationship for contractual services. This is a budgeted item which is offset by the collection of Building Department fees. The level of service provided is directly linked to the building activity level. Last year, Mr. Melad's services were provided by Van Dorpe & Associates. Being knowledgeable of Mr. Melad's qualifications (Builing Official for Fountain Valley, Stanton, Carson and Pico Rivera), staff designated him as the primary service provider. Mr. Melad has since formed his own business and offered to continue the same services at a reduced rate (65% of Plan Check fee rather than 75%). We have found his services extremely satisfactory. The subject agreement was prepared by the City Attorney, Mr. Rourke, and it is recommended that Council authorize execution of the agreement. MWB:jh 7-13-82 AGREEMENT FOR PLAN CHECKING AND BUILDING INSPECTION THIS AGREEMENT is made and entered into this day of , 1982, by and between the CITY OF TUSTIN, a munici- pal corporation (hereinafter "CITY") and JOSE MELAD (hereinafter "Consultant"). WI TNE S SETH WHEREAS, CITY desires to contract for plan checking and building inspection services with a private consultant in anticipation that said private consultant can provide such services in a more expeditious manner and at or below the present costs to the CITY; and WHEREAS, CONSULTANT is experienced in providing such services and has the proper background to carry out the duties involved; and WHEREAS, CITY wishes to retain CONSULTANT for the performance of said services; NOW, THEREFORE, in consideration of the mutual covenants, benefits and premises herein stated, the parties hereto agree as follows: 1. CITY does hereby engage CONSULTANT to perform the following services in a contractual capacity in accordance with the terms and conditions hereinafter set forth: A. Plan Checking CONSULTANT shall review the plans prepared by or on behalf of the various private developers for compliance with the ordinances of CITY. CONSULTANT .shall maintain close liaison with the CITY's Community Development Department in order that the appropriate requirements of that department are incorporated into such building plans. CONSULTANT shall arrange reviews by other agencies of appropriate jurisdiction relative to the enforcement of the Fire Codes, Sanitation Codes and Health Codes. When satisfied that the appropriate requirements of the CITY's codes have been met, CONSULTANT shall advise the Community Development Department that the plans are satisfac- tory and may be approved. -1- B. Building Inspection CONSULTANT, to the extent requested by the CITY, shall provide building inspection services during the course of any and all construction to assist in insuring compliance with the provisions of CITY's ordinances and applicable codes and construc- tion in accordance with approved plans. CONSULTANT shall provide prompt inspection for projects at the completion of each of their various stages of construction. 2. COMPENSATION TO CONSULTANT A. Plan Checking~Services For the Plan Checking Services provided in para- graph 1 A above performed by CONSULTANT, CONSULTANT shall be paid an amount equal to sixty-five percent (65%) of CITY's Plan Check Fee. Upon any additional Plan Checking required by substantial changes, additions or revisions to approved plans, CONSULTANT shall be paid an amount equal to the amounts charged by CITY pur- suant to Table 3-A of the Uniform Building Code. B. For Building Inspection Services For Building Inspection Services provided in para- graph 1 B above, performed by CONSULTANT, CONSULTANT shall be paid Thirty Dollars ($30.00) per hour. 3. TERMINATION This Agreement may be terminated by City with or without cause at any time. In the event of termination, CONSULTANT shall be compensated for services performed up to the time of termination. Compensation for plan check work in progress shall be prorated by the percentage of progress completed at the time of termination. This Agreement may be terminated by CONSULTANT only by providing CITY with written notice not less than six (6) months in advance of such termination. 4. GENERAL CONDITIONS A. CONSULTANT shall provide no services for any private client within the corporate boundaries of CITY during the period that this Agreement is in effect. B. 'CITY shall not have any liability for the payment of any salary, wage or other compensation to CONSULTANT or to any other person or entity except as expressly provided herein and shall have no obligation to any person who may be employed by CONSULTANT. -2- C. It is expressly understood and agreed that the re- lationship between CITY and CONSULTANT is and will be solely that of contracting parties and CONSULTANT will at all times be an independent contractor and not an employee. As an independent contractor, CONSULTANT will have no rights or benefits other than to the compensation herein expressly provided and specifically shall have no retirement, health, social security or other typical employee benefits and no employment taxes shall be withheld from the compensation to be paid to CONSULTANT and no employment tax will be paid by CITY on such compensation. CONSULTANT shall per- form his duties and responsibilities provided herein in the manner, form and fashion of an independent contractor, without the direction and control imposed on employees and without the provision for office space, secretarial or other support services and goods or any other elements ordinarily furnished to employees. D. Any and all officers, agents, employees, subcon- tractors, and their agents, officers and employees, who may be hired by or engaged by CONSULTANT shall be solely agents, employees and subcontractors of CONSULTANT and CITY shall not be liable or responsible to any of them in any manner. E. CONSULTANT shall procure at his own cost and expense and maintain during the term of this Agreement, general business liability insurance in an amount of not less than $250,000.00 with CITY designated thereon as a named additional insured and shall provide CITY with a certificate of insurance in a form satisfactory to the City Attorney. F. CONSULTANT shall procure at his sole cost and expense and maintain during the term of this Agreement a Worker's Comp. ensa- tion insurance policy covering his employees, if any, shall obtain a waiver of subrogation rights against CITY and shall provide CITY with a certificate of insurance in a form satisfactory to the City Attorney. G. CONSULTANT hereby agrees to assume, pay, defend and hold CITY harmless from any and all claims arising out of the performance of his duties prescribed herein or occasioned by virtue of any negligent act, error or omission of CONSULTANT or any of his officers, agents, employees and subcontractors. -3- H. CONSULTANT shall not assign this Agreement or any part thereof nor subcontract the performance of any services to be performed by CONSULTANT hereunder without the prior written consent of CITY. IN WITNESS WHEREOF, this Agreement was executed the day and year first above written. CITY CONSULTANT CITY OF TUSTIN BY: MAYOR BY: CITY CLERK /JOSE MELAD, P.E. JGR:se:R:7/1/82(F) -4-