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HomeMy WebLinkAboutContract 1066-1 4019b PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN = THE CITY OF CATHEDRAL CITY AND SCOTT FAZEKAS & ASSOCIATES, INC. This Professional Services Agreement("Agreement") is made and entered into this fifteenth (15) day of April, 2004 ("Effective Date"), by and between the City of Cathedral City, a municipal corporation located in the COU .ty 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, 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 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 Scott Fazekas &Associates, Inc. Professional Services Agreement Page 1 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 appoint Consultant as the City's Chief Building Official, performing the functions of the Chief Building Official as they are laid out in the Cathedral City Municipal Code, and as such additional duties may be determined by the City Council from time to time; 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 City Manager of the City or his/her designee 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 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: Julie Baumer Deputy City Manager 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.. Section 4. TERM This Agreement shall commence upon receipt by Consultant of the notice to proceed and shall terminate at midnight on April 15, 2007, 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. b. The City represents and acknowledges the following: Scott Fazekas&Associates, Inc. Professional Services Agreement Page 4 (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) The City will not hire or pay any assistants working for Consultant pursuant to this Agreement. (3) 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. (4) 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. (5) 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. (6) 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. (7) 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. 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. Scott Fazekas &Associates, Inc. Professional Services Agreement Page 5 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, or his/her designees. 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. 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 Scott Fazekas&Associates, Inc. Professional Services Agreement Page 6 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, Finance and Personnel Director, Public Works Director, 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, 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 Scott Fazekas &Associates, Inc. Professional Services Agreement Page 7 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 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 Scott Fazekas&Associates, Inc. Professional Services Agreement Page 8 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 City Manager such reports concerning Consultant's performance of the services required by this Agreement as the City Manager or Deputy City Manager 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 City Manager 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 City Manager 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 Scott Fazekas &Associates, Inc. Professional Services Agreement Page 9 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, 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. 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 Scott Fazekas&Associates, Inc. Professional Services Agreement Page 10 The City will provide office space for Consultant's use at City Hall. 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: To the City: Julie Baumer Deputy City Manager 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 Scott Fazekas &Associates, Inc. Professional Services Agreement Page I I Telephone: (949) 475-2901 Facsimile: (949) 475-2560 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 Agreement. Section 35. ASSIGNMENT a. The experience, knowledge, capability and reputation of Consultant, was the primary 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 Scott Fazekas &Associates, Inc. Professional Services Agreement Page 12 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 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 Scott Fazekas &Associates, Inc. Professional Services Agreement Page 13 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. [THIS PORTION OF THE PAGE IS INTENTIONALLY LEFT BLANK] Scott Fazekas &Associates, Inc. Professional Services Agreement Page 14 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. By: NA-12 .(5 ,{ By: ,% Donald E. Bradley, City Manager Scott Fazek " , President APPROVED AS TO CONTENT: By: Julie Baumer, Deputy City Manager ATTEST. By. Pat Hammers, City Clerk APPROVED AS TO FORM: By: Charles R. Green, A City Attorney C:\Documents and Settings\terilm\Local Settings\Temporary Internet Files\OLKEBE\002AGT.wpd P:\APPS\W PDATA\CATH\0008\DOC\002AGT\wpd 7/16/02kdb Scott Fazekas&Associates, Inc. Professional Services Agreement Page 15 EXHIBIT "A" SCOPE OF SERVICES Scope of Services CHIEF BUILDING OFFICIAL Consultant designates Scott Fazekas, President of Consultant, as the Chief Building Official, who will perform the functions of the Chief Building Official, including but not limited to: interpreting various codes related to the building industry, determining code compliance of projects under construction or being considered for new/changed uses and working with staff to streamline operations and procedures. The Chief Building Official 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. Noise Regulations: Consultant will review and examine plans to confirm that interior(and exterior, when so directed by the City Manager 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 City Manager 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 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) Chief Building Officer (1) Consultant shall receive $95 an hour while providing services, on an as needed basis, as the City's Chief Building Official. (b) 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. (c) 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) Half of the mileage incurred by Consultant for the performance of the services described in the Scope of Services at $0.36 per mile, or the current rate allowed by the IRS. P:\CATH\0008\DOC\011 Scott Fazekas Agreement.doc 3/31/04 jas