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HomeMy WebLinkAboutAgr 2000-10-10 (Barnett Donley Quality Control) AGREEMENT FOR BUILDING INSPECTION SERVICES - CHANDLERS GATE RESIDENTIAL DEVELOPMENT.. NED'S WAY.. TIBURON TillS AGREEMENT, made and entered this 10th day of October, 2000, by and between the TOWN OF TillURON, a municipal corporation, hereinafter called "Town," and Barnett Donley Quality Control, hereinafter referred to as "Consultant," RECITALS, A. The Town is preparing to issue a building permit for a 25-unit residential project ("Project") known as Chandlers Gate located at 2-98 Ned's Way in Tiburon. Due to the large scale of the project and the lack of sufficient in-house building inspection personnel to perform the inspection work on this project in addition to existing case load, building inspection services for this project will be supplemented by an independent building inspector under contract to the Town of Tiburon. B. The Town has determined that an outside consultant with specific expertise in building inspection is required in order to complete the required inspections in a timely manner. C. Town will contract for the Consultant to provide the services described in Exhibit A ("Services"), which is attached hereto and incorporated herein by reference. AGREEMENT 1. Scope of Consultant Services. Consultant shall perform those Services described in Exhibit A. Consultant may subcontract out certain of the Services to other Consultants only as may be approved in advance in writing by Town. In the event of such subcontracting, Consultant shall remain responsible for the full performance of such services. 2. Compensation. Consultant's fee for the Services shall be as set forth in Exhibit A. Payments shall be due thirty days after submission of an itemized invoice showing work actually completed. Consultant shall submit invoices on a monthly basis for time and materials actually expended. Compensation in excess of the amount set forth in Exhibit A must be approved in writing by the Town through amendment of this Agreement. 3. Standard of Work: Indemnity. Consultant shall perform the services in a skillful and professional manner compatible with the usual, customary standard of Consultant's profession. Consultant shall indemnify, defend and hold Town harmless from and against claims, liabilities, suits, loss, cost, expense and damages to the extent caused by a negligent act or omission of Consultant's in the performance of the Services pursuant to this Agreement. Agreementfor Blgd Insp Selvices.doc 1 4. Consultant as Independent Contractor. Consultant (including its agents and employees) is not an agent or employee of the Town but is an independent contractor not subject to the direction and control of the Town. Without limiting the foregoing, Consultant shall maintain complete control of its operations and personnel and shall be solely liable and responsible to pay all required salaries, wages, expenses, taxes and other obligations, including, but not limited to, withholding and Social Security. 5. Attendance at Hearings. If requested by the Building Official, Consultant shall appear at litigation and/or administrative hearings that pertain to the Project. Town shall reimburse Consultant for such appearance(s) at the hourly rate specified in Exhibit A. 6. Audit of Books and Records. Town may, in its sole discretion, undertake an independent audit and/or evaluation of the Consultant's records and accounts of expenditures and program activities at its own expense. Consultant shall furnish all items necessary in the Town's discretion to complete said audit and/or evaluation subject to restrictions on confidentiality limited to expenditure or receipt of program funds, and program quality. 7. Insurance. Consultant shall maintain insurance as set forth below. Town shall be added as an additional insured to all required insurance policies: A. Comprehensive General Liability: Combined single limit of $1,000,000 for each single occurrence and $2,000,000 annual aggregate. B. Comprehensive Automobile Liability: Combined single limit of $1 ,000,000 for each single occurrence and $2,000,000 annual aggregate. 8. Ownership of Documents: Re-Use. All documents, including drawings and specifications prepared by Consultant pursuant to this Agreement shall be the property of Town. Town acknowledges that said documents are prepared for use only in connection with the Project described in the Exhibit A. Consultant makes no representation that said documents are suitable for re-use on any other project or on any expansion of the Proj ect. 9. Stop Work Order. Town may at any time, by written notice to Consultant ("Stop Work Order"), require Consultant to stop or suspend performance of the Services, in whole or in part, for a period of up to ninety days after such notice is delivered to Consultant. Upon receipt of the Stop Work Order, Consultant shall immediately comply therewith and take all reasonable steps to minimize the incurrence of costs allocable to the Services covered by the Stop Work Order during the period of work stoppage. Within ninety days of the delivery of the Stop Work Order, or such later time as may be agreed to by the parties, Town shall either cancel the Stop Work Order or terminate this Agreement as provided in Paragraph 13. Consultant shall resume work upon the cancellation of the Stop Work Order. To the extent that the Stop Work Order results in a documentable increase in the cost of performing the Services or the time required for such performance, Consultant shall receive an equitable adjustment in compensation or an extension of time for performance, as appropriate. Agreementfor Blgd Insp Selvices.doc 2 10. Delinquency. In the event that a proper invoice remains unpaid for more than 45 days after submittal, Consultant may commence to charge interest of the unpaid amounts at the lesser of 1.5% per month or the maximum rate allowed under applicable usury laws. In addition, Consultant may suspend the performance of the Services after giving Town 10 days notice of its intent to do so. In the event of such suspension, the Base Fee shall be increased to include Consultant's reasonable costs of suspending and restarting the Services. 11. Termination of Contract. It is expressly understood that either party shall have the right to terminate this agreement within five (5) days written notice to the other party. In such event, Consultant shall deliver to the Town copies of all finished and unfinished surveys, studies, documents, computer disks, and/or reports pertaining to the contract, and Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed as determined by the Town. 12. Discrimination. In the performance of the terms of this Agreement, Consultant shall not engage in nor permit others he or she may employ to engage in discrimination in the employment of such persons based on race, color, religion, sex, sexual preference, age, or handicapped conditions. 13. Miscellaneous. A. Other Contract Provisions. Other contract provisions may be set forth in Exhibit A. To the extent that there are any inconsistencies with such Exhibit and the other portions of this Agreement, the latter shall prevail. B. Governing Law. This Agreement shall be governed by the laws of the State of California. C. Severability. If any provision of this Agreement is found to be invalid or unenforceable, the validity and enforceability of the remaining portions shall not be affected unless the effect thereof would materially change the economic burden on either party. D. Successors in Interest: Assignment. This Agreement shall be binding on the assigns and successors in interest to both parties. Neither party may assign their obligations under this Agreement without the written consent of the other party. E. Entire Agreement: Amendment. This Agreement represents the entire Agreement between the parties. This Agreement may only be amended in writing. IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to execute this Agreement the day and year above written. Agreementfor Blgd Insp Services. doc 3 TOWN OF TIBURON APPROVED AS TO FORM: Agreementfor Blgd Insp Services. doc 4 Barnett Donley Quality Control 528 Fourth Street, Suite A 4853902 San Rafael, CA 94901 4569365 fax September 27, 2000 Dean Bloomquist, Building Official Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 by fax: 435-7395 EXHIBIT A SCOPE OF SERVICES 1. Barnett Donley Quality Control will provide building, electrical, mechanical and plumbing inspections and code administration for the Chandlers Gate Residential Development, as requested by Dean Bloomquist, Building Official. Tiburon Building Department Staff will provide general oversight and rule on any disputed issues. 2. Weare to be engaged and paid by the Town of Tiburon as independent contractors and not as employees of the Town. 3. Our billing rate is $60 per hour. We will charge for all time engaged in work on this project which includes, but is not limited to, site visits, reviewing plans and documents and attending meetings. We will charge .75 hours for travel to and from the project site, regardless of traffic conditions. 4. A rough estimate of total fees, assuming a well managed project and schedule, would be $25,000 to $30,000. Thank you again for your contact to our firm, we look forward to working together. Sincerely, ~ - Michael D. Barnett Barnett Donley Quality Control, a division of Donley Construction Consultants A California Corpor~tion I